Constitutional Act of the Azerbaijan Republic on the restoration of state independence of the Azerbaijan Republic (October 18, 1991)

Read Time:11 Minute, 35 Second

On May 28, 1918, the National Council of Azerbaijan adopted the Declaration of Independence, thereby renewing the centuries-old traditions of statehood of the Azerbaijani people.

The Republic of Azerbaijan, possessing full state power on its territory, pursued an independent foreign and domestic policy. Institutions inherent to an independent state were created and functioned – parliament, government, army, financial system of the Republic of Azerbaijan. The Republic of Azerbaijan was recognized by many foreign states and established diplomatic relations with them. But on April 27-28, 1920, the RSFSR, grossly violating international legal norms, introduced parts of its armed forces into Azerbaijan without declaring war, occupied the territory of the sovereign Azerbaijan Republic, forcibly overthrew the legally elected authorities and put an end to independence, achieved at the cost of enormous sacrifices of the Azerbaijani people.

Following this, Azerbaijan, as in 1806-1828, was again annexed by Russia.

The Treaty on the Formation of the USSR of December 30, 1922 was intended to consolidate this annexation. Subsequently, for 70 years, a policy of colonialism was carried out against the Republic of Azerbaijan, the natural resources of Azerbaijan were mercilessly exploited and its national wealth was stolen, the Azerbaijani people were subjected to persecution and repression, and their national dignity was trampled upon. Despite this, the Azerbaijani people continued their struggle for state independence.

Its result was the adoption by the Supreme Council of the Azerbaijan Republic on August 30, 1991 of the Declaration “On the restoration of state independence of the Azerbaijan Republic.”

The Supreme Council of the Azerbaijan Republic, based on the Declaration of Independence adopted by the National Council of Azerbaijan on May 28, 1918, on the continuity of the democratic principles and traditions of the Azerbaijan Republic and guided by the Declaration of the Supreme Council of the Azerbaijan Republic dated August 30, 1991 “On the restoration of state independence of the Azerbaijan Republic”, adopts This Constitutional Act establishes the foundations of the state, political and economic structure of the independent Azerbaijan Republic.

General Provisions

Article 1.

The invasion of Azerbaijan by the 11th Army of the RSFSR on April 27-28, 1920, the annexation of the territory of the republic, the overthrow of the Azerbaijan Democratic Republic – a subject of international law – constitute the occupation of independent Azerbaijan by Russia.

Article 2.

The Azerbaijan Republic is the successor to the Azerbaijan Republic that existed from May 28, 1918 to April 28, 1920.

Article 3.

The Treaty on the Formation of the USSR of December 30, 1922 is invalid from the moment of signing in the part relating to Azerbaijan.

All arising issues of relations with the sovereign states that were part of the former USSR are subject to settlement on the basis of treaties and agreements.

Article 4.

The Constitution of the Republic of Azerbaijan of 1978 is valid insofar as it does not contradict the provisions of this Constitutional Act.

In the Azerbaijan Republic, all acts of the Azerbaijan Republic that were in force before the Azerbaijan Republic declared the restoration of state independence, which do not contradict the sovereignty of the Azerbaijan Republic and its territorial integrity, and are not aimed at changing its national-state structure, retain legal force.

Until the adoption of the relevant laws of the Azerbaijan Republic, the laws of the USSR, the list of which is established by the Parliament of the Azerbaijan Republic, retain legal force on the territory of the Azerbaijan Republic.

Article 5.

Any actions directed against the independence of the Republic of Azerbaijan constitute interference in the internal affairs of a sovereign state and entail retaliatory actions in accordance with international law.

Article 6.

Only that part of the state debt of the USSR that was formed as a result of economic activities on the territory of the republic and arose in connection with the property of the USSR transferred to the Azerbaijan Republic can pass to the Azerbaijan Republic.

Article 7.

All movable and immovable property of the USSR on the territory of the Azerbaijan Republic is the state property of the Azerbaijan Republic. The exception is that part of the movable property of the USSR that can be transferred to other states – former subjects of the USSR in accordance with international law by agreement.

The property of the USSR, which is located outside the borders of the Republic of Azerbaijan, but which was formed at the expense of the national income of Azerbaijan, its natural and other resources during the period that Azerbaijan was part of the USSR, is transferred under an agreement to the Republic of Azerbaijan in the part corresponding to the contribution of Azerbaijan to the formation of this property.

People of Azerbaijan

Article 8.

The people of Azerbaijan are formed by all citizens of the Azerbaijan Republic living within the territory of the Azerbaijan Republic and outside it, who are considered as subject to the Azerbaijan state and its laws, which does not exclude the norms established by international law.

Article 9.

The people of Azerbaijan have the inalienable right to choose their own form of government, determine their relations with other peoples and develop their political, economic and cultural life in accordance with their historical and national traditions and universal human values.

Article 10.

Sovereign power in the Republic of Azerbaijan belongs to the people of Azerbaijan. Not a single part of the people of Azerbaijan, not a single person, can arrogate to themselves the powers to implement it.

The people of Azerbaijan exercise sovereign power directly through a referendum and through their representatives in the Parliament of the Republic of Azerbaijan, elected by universal, equal and direct suffrage by secret ballot.

Article 11.

The people of Azerbaijan guarantee the democratic system of the Republic of Azerbaijan and the rule of law as an expression of the will of the people.

Azerbaijan State

Article 12.

The people of Azerbaijan form an independent, secular, democratic, unitary state, whose sovereign power in internal matters is limited only by law, and in external matters – only by provisions arising from treaties and announcements to which the people of Azerbaijan freely expressed their consent.

The sovereignty of the Azerbaijan Republic is indivisible and extends to its entire territory.

The Republic of Azerbaijan does not alienate in any form the sovereign rights that it exercises on its territory to other states or unions of states.

Article 13.

State power in the Republic of Azerbaijan is based on the principle of separation of powers.

Legislative power is exercised by the Parliament of the Republic of Azerbaijan.

The highest executive power belongs to the President of the Republic of Azerbaijan – the head of the Azerbaijani state.

Judicial power is exercised by independent courts and in the highest instance – the Constitutional Court of the Azerbaijan Republic, the Supreme Court of the Azerbaijan Republic and the Supreme Arbitration Court of the Azerbaijan Republic – each within the limits of its powers.

Article 14.

The territory of the Azerbaijan Republic is united, indivisible, inalienable. The Republic of Azerbaijan does not alienate in any form any part of its territory; clarification of its borders can only be carried out with the consent of the people of Azerbaijan through a popular vote (referendum) among the entire population of the republic, carried out by decision of the parliament of the Azerbaijan Republic.

No part of the territory of the Azerbaijan Republic can be sold or transferred to another state or legal entity of another state.

Article 15.

On the territory of the Azerbaijan Republic, only the Constitution of the Azerbaijan Republic and the laws of the Azerbaijan Republic are in force.

Legislative power is limited by the Constitution of the Azerbaijan Republic, executive and judicial power – by the Constitution of the Azerbaijan Republic, law and justice.

The Constitution of the Azerbaijan Republic is adopted by popular vote (referendum), held by decision of the parliament of the Azerbaijan Republic among the entire population of the republic.

Article 16.

The Republic of Azerbaijan, in accordance with generally recognized norms of international law, builds its relations with other states on the basis of the principles of sovereign equality of states, non-use of force or threat of force, inviolability of state borders, settlement of disputes by peaceful means, non-interference in the internal affairs of other states, respect for the rights and fundamental human freedoms, equality of peoples and their right to self-determination, cooperation between states, conscientious fulfillment of international legal obligations.

Article 17.

The Republic of Azerbaijan is obliged:

To ensure the unity of the people of Azerbaijan and establish legal order, defining and ensuring respect for the rights and freedoms arising from the law, in the interests of the individual, family, public associations and other groups.
Encourage and coordinate all types of social activity, ensuring law-based harmony of interests of all citizens, creating equal conditions for the free development of each individual.
To provide support to citizens of the Republic of Azerbaijan in obtaining and permanently using comfortable residential premises in state or public housing stock, in individual housing construction.
Concern for the improvement of the situation and social protection of population groups in the most unfavorable conditions, striving to provide them with a standard of living consistent with human dignity, and provide social protection for those in need.
Ensure the protection of citizens of the Republic of Azerbaijan from attacks on life, health, personal freedom and safety.
Protect the health of citizens of the Republic of Azerbaijan, promote the preservation of a healthy ecological environment, patronize the family – the primary and natural unit of the state, as well as motherhood and childhood.

Article 18.

In the Republic of Azerbaijan, a single citizenship of the Azerbaijan Republic is established.

The Republic of Azerbaijan bears responsibilities established by law to its citizens, citizens of the Republic of Azerbaijan bear responsibilities established by law to the Republic of Azerbaijan.

No one may be deprived of citizenship or the right to change citizenship. Every citizen of the Azerbaijan Republic located outside the Azerbaijan Republic is guaranteed legal protection.

Article 19.

All citizens of the Republic of Azerbaijan are equal before the law. The Republic of Azerbaijan, acceding to the Universal Declaration of Human Rights, the Final Act of the Helsinki Conference and other generally recognized international legal documents, ensures compliance with and unhindered implementation of all rights and freedoms provided for by them, regardless of gender, race and nationality, religion, social origin, political beliefs and other circumstances.

The rights and freedoms of citizens of the Azerbaijan Republic cannot be limited in any form, with the exception of special cases provided for by law.

Economic relations

Article 20.

All natural resources belong to the Republic of Azerbaijan without prejudice to the property rights and interests of any persons or organizations.

Article 21.

All income of the Republic of Azerbaijan, no matter what source it comes from, constitutes single resources intended for use for the purposes specified by law and in the manner established by it, in compliance with the requirements and obligations determined by law.

Article 22.

Property can be state, private or collective property.

Private and collective property are recognized and guaranteed by law, which determines the methods of their acquisition and use and the limits of their validity.

Private and collective property cannot be forcibly alienated. In cases provided for by law, private and collective property may be alienated in the interests of the Azerbaijan Republic under the conditions of compensation for losses.

Complete confiscation of movable and immovable property is not permitted.

Article 23.

All economic activity in the Republic of Azerbaijan is based on market relations and freedom of entrepreneurship.

Article 24.

The Republic of Azerbaijan encourages cooperation and creates the necessary conditions for the development of various cooperative organizations and other associations in accordance with the law.

Article 25.

The Republic of Azerbaijan protects labor in all its forms. A worker has the right to remuneration corresponding to the quantity and quality of his work and sufficient to ensure a free and dignified existence.

Forced labor, except in cases established by law, is prohibited.

Every citizen who is unable to work and deprived of the necessary means of subsistence has the right to support and assistance from the state.

The establishment of trade unions of workers is free.

The right to strike is exercised by workers within the framework of the laws governing this right.

Political relations

Article 26.

Citizens of the Republic of Azerbaijan who have reached the age of majority enjoy the right to vote.

Voting is personal, equally free and secret.

The right to vote cannot be limited except due to civil incapacity or a final court verdict.

Article 27.

All citizens of the Republic of Azerbaijan have the right to freely associate in political parties and other public associations in order to democratically contribute to determining the policy of the Republic of Azerbaijan.

Article 28.

Political parties, in accordance with the principles of political pluralism, participate in the formation and expression of public opinion and are the main element of political activity. Their creation and activities are free within the framework of the Constitution and laws of the Republic of Azerbaijan.

Article 29.

Defense of the Azerbaijan Republic is the sacred duty of a citizen of the Azerbaijan Republic.

Military service is compulsory within the limits and types established by law.

Article 30.

All citizens of the Republic of Azerbaijan are obliged to participate in government expenditures in accordance with their income.

The tax system is based on the principles of progressivity.

Article 31.

All citizens are obliged to remain loyal to the Republic of Azerbaijan and must comply with the Constitution and laws of the Republic of Azerbaijan.