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Azerbaijan is democratic, legal, secular, unitary republic. Current Constitution was adopted by referendum on November 12, 1995. This is the country’s supreme legal document, which stipulates that power resides in three branches: legislative, executive and judicial. EXECUTIVE POWER
The President, head of the executive branch, who can be elected for no more than two consecutive five-year terms, leads the country. The Government (Cabinet of Ministers) is subordinate to the president, who appoints the prime minister and cabinet subject the approval of the legislature. The cabinet of ministers oversees the implementation of the state budget, financial, credit and monetary policy, as well as state social programs. If the president retires or dies before the end of his term, new presidential elections are held within three months. During this period the prime minister takes over presidential responsibilities. If he is incapable of doing so the chairman of the parliament shall fill the position.
LEGISLATIVE POWER
The Milli Majlis (Parliament) of the Republic of Azerbaijan is a unicameral body consisting of 125 members, of whom 100 are elected in local contests and additional 25 members from national party lists. Parliamentary elections are to be held every five years, on the first Sunday of November. The Milli Majlis holds two regular sessions - the spring session (February 1 - May 31), and the autumn (September 30 - December 30). Special sessions can be summoned by the chairperson of the Milli Majlis, at the request of the President of Azerbaijan.
The responsibilities of the Milli Majlis are as follows: determining legislation affecting human and civil rights and freedoms, elections, the court system, civil law, inheritance, rights of ownership, the legal regime of state, private and municipal property, financial activity, taxes and payments, labour relations and social security, ratification and rejection of international treaties, communication and transport, customs, banking, accounting, and insurance.
The laws passed by the Milli Majlis are submitted to the President for signing within 14 days since the day of adoption. The laws and resolutions enacted by the Milli Majlis come into effect from the day of their publication unless specified otherwise in the legislation. The President does not have the right to dissolve the Milli Majlis, but he/she does have the right to veto its decisions. To override a presidential veto, the Milli Majlis must have a majority of 95 votes.
The right to legislative initiative (the right to introduce draft laws and other issues for the discussion in the Milli Majlis) belongs to the members of the Milli Majlis, the President, the Constitutional Court Azerbaijan and the Ali Majlis (Supreme Parliament) of the Nakhchivan Autonomous Republic.
The first post-Soviet elections to the Milli Majlis were held on November 12, 1995. During the last elections held on November 5, 2000, the representatives of 10 political parties were elected to the Milli Majlis.
JUDICIAL POWER
A lot of measures and arrangements aimed at bringing the judicial system of Azerbaijan in conformity with international standards and the requirements of the European Convention on Human Rights and other European instruments have been implemented in recent years.
The legislation of Azerbaijan had established principles of justice: everyone’s equality before the law, fair implementation of justice by the independent court, principle of presumption of innocence.
In recent years new Civil Code, a Civil Procedure Code, Criminal Code, Criminal Procedure Code, Penal Code, Tax Code and Customs Code have been adopted, and dozens of new laws defining status of the courts, the Prosecutor’s Office, police, and other law enforcement agencies have been passed.
A lot of measures and arrangements aimed at bringing the judicial system of Azerbaijan in conformity with international standards and the requirements of the European Convention on Human Rights and other European instruments have been implemented in recent years.
The legislation of Azerbaijan had established principles of justice: everyone’s equality before the law, fair implementation of justice by the independent court, principle of presumption of innocence.
In recent years new Civil Code, a Civil Procedure Code, Criminal Code, Criminal Procedure Code, Penal Code, Tax Code and Customs Code have been adopted, and dozens of new laws defining status of the courts, the Prosecutor’s Office, police, and other law enforcement agencies have been passed. The Law on Prosecutor’s Office had significantly limited the competence of the Office, in particular those connected with the supervision. The Prosecutor’s Office is defined as an agency of the judiciary, and has the main duty to govern the investigation and appear for the prosecution.
Laws on police, and on investigative activities define the structure and competence of the police, taking into account the provisions of the European Convention on Human Rights, in particular Article 8. The Law establishes internal and external supervision over the police activities, and the right to appeal the malpractice by the police officers.
The relevant articles of the Constitution of Azerbaijan, the laws on the Constitutional Court, on the courts and judges, Civil Procedure and Criminal Procedure Codes have established the procedures of inquiries and appeals to the Constitutional Court.
The Judicial branch includes a Supreme Court, Economic Court and Constitutional Court. The President, subject to approval by the Milli Majlis, nominates the judges in these three Courts.
The Constitutional Court consists of nine judges and is authorized to review the following: constitutionality of the laws of Azerbaijan, Presidential decrees, regulations of the central government authorities, signatures on treaties, the settlement of disputes connected to the division of power between the legislative and executive branches. In addition, the Constitutional Court decides on issues affecting the banning of political parties or other organizations. The Constitutional Court is also authorized to interpret the Constitution and the laws of Azerbaijan at the request of the President, the Milli Majlis, the Cabinet of Ministers, General Prosecutor's Office, and the Ali Majlis (Supreme Parliament) of the Nakhchivan Autonomous Republic.
The Supreme Court of Azerbaijan is the highest judicial body in civil, criminal, administrative and other cases that are referred to it by the general courts. Moreover, it exercises control over the activity of the general courts. Judges of the Supreme Court are nominated by the President and approved by the Milli Majlis.
The Economic Court of Azerbaijan is the highest legal body deciding economic disputes. Judges to the Economic Court are appointed in the similar manner as to the other high courts.
The three-level judicial system consists of courts of first appearance, courts of appeal and court of reversal. According to this judicial system such new courts as the Court of Appeal, the Court on Serious Crimes, the Military Court on Serious Crimes, local economic courts, the Economic Court have been established.
Azerbaijan has a complex three level judiciary system, which includes courts of general jurisdictions, economic courts, military courts and court for heavy crimes. Any decision taken by the court of first instance can be appealed to the Appellate court. The complaint from the decision of the Appellate court can be field with the Supreme Court which is the highest judicial power in the country. The judges to the court were nominated by the President from the candidates who successfully passed two-tier professional examination. Commercial disputes are adjudicated by the Economic court that consists of general economic courts and economic courts for disputes arising out of international contracts. The devoted panel on economic disputes exists in the Supreme Court of the Republic of Azerbaijan. Azerbaijan also has the Constitutional Court that is empowered to role on the constitutionally of the laws, settlements of disputes among the branches of power, banning of political parties and organizations.
CABINET OF MINISTERS
With the aim to implement the President's policies and duties, the President of Azerbaijan sets up the Cabinet of Ministers of Azerbaijan. The Cabinet of Ministers is the supreme executive tool of the President. The Cabinet of Ministers is subordinate to the President. The Prime Minister presides at the meetings of the Cabinet of Ministers.
The Cabinet of Ministers consists of a Prime Minister, Prime Minister’s deputies, ministers, and heads of other central executive agencies. On the day when a newly elected President takes office and takes up his/her duties, the previous Cabinet of Ministers resigns.
With the aim to implement the President's policies and duties, the President of Azerbaijan sets up the Cabinet of Ministers of Azerbaijan. The Cabinet of Ministers is the supreme executive tool of the President. The Cabinet of Ministers is subordinate to the President. The Prime Minister presides at the meetings of the Cabinet of Ministers.
The Cabinet of Ministers consists of a Prime Minister, Prime Minister’s deputies, ministers, and heads of other central executive agencies. On the day when a newly elected President takes office and takes up his/her duties, the previous Cabinet of Ministers resigns.
The Prime Minister is appointed by the President in coordination with the Milli Majlis. The President submits for discussion to the Milli Majlis a proposal on the nomination to the position of a Prime Minister no later than one month after the day of taking office or no later than a fortnight after the day of resignation of the previous Cabinet of Ministers. The Milli Majlis gives its consent to the nomination to the post of a Prime Minister no later than one week after the day the nomination was presented.
The powers of the Cabinet of Ministers include: making up a draft of the state budget and submitting it to the President; ensuring the execution of the state budget; ensuring the implementation of financial, credit and monetary policies; ensuring the implementation of the state economic and social programs; supervising the work of the ministries and other central executive agencies and cancellation of their decisions; exercising other functions which are attributed by the President to the Cabinet's jurisdiction.
POLITICAL PARTIES AND PUBLIC ORGANIZATIONS
There are some 42 registered political parties in the country. The largest is the New Azerbaijan Party (YAP), which is the governing party of the country. The YAP has also a majority in the parliament. Since the late 1980s, a dynamic press and active independent organizations have emerged in Azerbaijan. In terms of civic activity, there are currently about 1,400 registered public organizations engaged in human rights, ethnic minority rights, women’s and children’s issues.
ADMINISTRATIVE DIVISION
Azerbaijan is divided into 76 administrative districts (65 rural rayons and 11 cities), and the President appoints the governors of these units.
The cities in Azerbaijan are: Baku, Ali-Bayramly, Ganja, Khankandi, Lankaran, Mingachevir, Naftalan, Quba, Shaki, Shusha, and Sumgayit. The local governments of cities Khankandi and Shusha and of the districts of Aghdam, Füzuli, Jabrail, Kalbajar, Lachin, Qubadly and Zangilan, which are presently under occupation of Armenia, continue to function in exile, and schools and assistance to refugees is organized on the basis of their city or district of origin.
Within Azerbaijan, Nakhchivan is an autonomous republic and consists of six districts: Babak, Julfa, Ordubad, Sadarak Shahbuz, and Sharur. Nakhchivan has its own Parliament (Ali Majlis), as well as the Cabinet of Ministers and Supreme Court, and the Chairperson of Nakhchivan’s Ali Majlis serves as the highest official of the Autonomous Republic. The Constitution of Azerbaijan and its laws are all valid in Nakhchivan, and laws and resolutions enacted there must not contradict the state laws and resolutions.
LOCAL GOVERNMENT
Local government officials are elected in direct elections. The first municipal elections in Azerbaijan were held in December 1999. The municipal government is authorized to impose local taxes and payments, approve a local budget, and implement local programs of social security and economic development.
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