Draft amendments and annexes to the Constitution of Azerbaijan Republic – FULL TEXT

Draft amendments and annexes to the Constitution of Azerbaijan Republic – <font color=red> FULL TEXT </font>
# 18 December 2008 13:08 (UTC +04:00)
List of amendments and annexes to the Constitution is as follows:

Article 12. The highest priority objective of the state

1.The highest priority objective of the state is to provide rights and liberties of a person and citizen.

The following amendment is proposed:

1.The highest priority of objective of the state is to ensure rights and liberties of a person and citizen, decent life of citizens of the Republic of Azerbaijan.

Article 15. Economic development and state

1. Development of economy based on various forms of property in the Azerbaijan Republic is aimed to prosperity of people. Based on market relationships the Azerbaijani state creates conditions for development of economy, guarantees free business activity, prevents monopoly and unfair competition in economic relations.

The following amendment is proposed:

2.Based on market relationships the Azerbaijani state creates conditions for social development of economy, guarantees free business activity, prevents monopoly and unfair competition in economic relations.

Article 17. Family and state

Following annexes are proposed to the Article:

3.Children having no parents and trustees are under control of the state.

4.It is banned to involve children in activity caused danger to their life, health and morality.
5. Under 15-year-old children cannot be employed.
6. The state controls implementation of rights of children.

Article 19. Monetary unit

2. Only National Bank has the right of introducing money into circulation and withdrawal them from circulation. National Bank of the Azerbaijan Republic belongs exclusively to the state.

The following amendment is proposed:
3.Only Central Bank has the right of introducing money into circulation and withdrawal them from circulation. Central Bank of the Azerbaijan Republic belongs exclusively to the state.

Article 25. Right for equality

The following amendment is proposed:

4.Nobody can be damaged for above-mentioned reasons, privileged or refused to have privilege.
5.Everybody has equal rights in relations with authorities and state bodies passing decisions on laws and duties .

Article 28. Right for freedom

2.Everyone legally being on the territory of the Azerbaijan Republic may travel without restrictions, choose the place of residence and travel abroad.

The following amendment is proposed:

3.Azerbaijanis living abroad have right to use assistance and trustee of Azerbaijani state.

Article 32. Right for personal immunity

2. Everyone has the right for confidentiality concerning personal and family life. Except cases envisaged by legislation interference in personal life is prohibited.

The following amendment is proposed:

Everyone has the right of protection from illegal interference in his/her private life and family.

3. Gaining, storing, use and spreading information about the person private life without his/her consent is not permitted.

The following amendment is proposed:

Except the cases envisaged by the law, no one can be shadowed, video, photo, voice of no one can be recorded without his/her permission or ignoring his/her objection.

It is proposed to add 5th point to the article:

Except the cases envisaged by the law, everyone can familiarize himself/herself with the information gained about him/her. Everyone has the right to demand to correct or eliminate the incorrect materials illegally collected about him/her.

Article 39. Right to live in healthy environment

It is proposed to add 3rd and 4th points:

3. No one has the right to pose threat to or damage the environment, natural resources beyond the limits determined by the law.

4. The state guarantees to maintain ecological balance, protect kinds of wild plants and animals determined by the law.

Article 48. Freedom of conscience

It is proposed to add the 5th point:

No one can be forced to demonstrate his religious faith, perform religious rituals or participate in religious ceremonies.

Article 50. Freedom of information

It is proposed to add the 3rd point:

Everyone has the right to refute the information violating his/her rights or damaging his/her interests published in mass media.

Article 67. Rights of detained, arrested, accused in crime

It is proposed to edit as follows:

1. Every person detained, arrested or accused by the related government agencies is immediately explained his/her rights, reasons of being detained, arrested and held accountable.

2. Everyone accused of committing crime should be listened to before being sentenced.

Article 71. Protection of rights and liberties of a human being and citizen

2. No one can restrict protection of human rights and liberties.

The following amendment is proposed:

Everyone’s rights and liberties are restricted by the rights and liberties by the other. Everyone is free to do actions not prohibited by the law and no one can be forced to do actions not envisaged by the law.

It is proposed to add the 9th point to the article:
Government agencies can function basing on this Constitution within the framework of the rules determined the by law.

Article 72. Main responsibilities of citizens
1.Eveyrone has obligations to the state and society directly resulting from his/her rights and liberties.

The following amendment is proposed:
Obligations can be laid on everyone only within this Constitution or law.

Article 75. Respect for state symbols
Every citizen must respect state symbols of the Azerbaijan Republic -- its banner, state emblem and hymn.


It is proposed to add the 2nd point:
Disrespect for state symbols causes responsibility envisaged by the law.


Article 84. Term of Parliament of Azerbaijan Republic
1. The parliament of Azerbaijan Republic is elected every five years.


The following amendment is proposed:

If elections to the parliament of Azerbaijan Republic can not be held because of military operations, the term of the parliament’s authority is prolonged till the end of the military operations. The related decision is passed by Constitutional Court of Azerbaijan Republic basing on the appeal of the government agency providing conduct of elections (referendum).

Article 88. Sessions of the Parliament of Azerbaijan Republic
It is proposed to add the 4th point:


The sittings of the sessions of Azerbaijani Parliament are open. Closed sitting of the parliament can be held on demand of 83 parliamentarians or proposal of President of Azerbaijan Republic.

Article 95. Competence of the Parliament of Azerbaijan Republic
It is proposed to add 20th point:


-Listening to the reports of municipalities

Article 96 Right of legislative initiative


I. Right of legislative initiative in Milli Majlis of the Azerbaijan Republic (right to submit for consideration by Milli Majlis of the Azerbaijan Republic drafts of laws and other questions) belongs to deputies of Milli Majlis of the Azerbaijan Republic, the President of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic, Prosecutor’s Office of the Azerbaijan Republic and Ali Majlis of Nakhichevan Autonomous Republic.

It is proposed to edit as follows:

I. Right of legislative initiative in Milli Majlis of the Azerbaijan Republic (right to submit for consideration by Milli Majlis of the Azerbaijan Republic drafts of laws and other questions) belongs to deputies of Milli Majlis of the Azerbaijan Republic, the President of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic, 50 thousands voters of the Azerbaijan Republic, Prosecution’s Office of the Azerbaijan Republic and Ali Majlis of Nakhichevan Autonomous Republic.

The phrase of “50 thousands voters of Azerbaijan Republic” is also amended to Part 2 and 3 of the Article.

It is proposed to add 6th and 7th points to the Article:


6. Right of legislative initiative of 50 thousands voters of Azerbaijan Republic is determined by the law

7. Drafts law and resolution must be substantiated and aims of their adoption must be shown.

Article 101 Procedure of elections of the President of Azerbaijan Republic

5. No one may be elected the President of the Azerbaijan Republic repeatedly, more than two times.

The following amendment is proposed:

5. Term of the President of the Azerbaijan Republic is extended if military operation in the condition of war makes the election of the President of the Azerbaijan Republic impossible. The relevant decision is passed by the Constitutional Court of the Azerbaijan Republic on the request of the government organizations providing the elections (referendums).

Article 108 Provisions for the President of the Azerbaijan Republic

The President of the Azerbaijan Republic and his family are provided for by the state. Security of the President of the Azerbaijan Republic and his family is ensured by special security teams.

It is proposed to add 2nd point to the Article:


-Rules of provisions for the person earlier elected the President of the Azerbaijan Republic are determined by the Constitution.

Article 109 Competence of the President of the Azerbaijan Republic
“
National Bank” is replaced with “Central Bank” and “Executive Office of the President” is replaced with “Presidential Administration” in the Article.

Article 125 Judicial Power

It is proposed to add 7th point to the Article:

7. Judicial proceedings must provide the identifying of true.

Article 129 Decisions of law courts and their implementation

It is proposed to add 2nd and 3rd points to the Article:

2. Non-implementation of decisions of law courts causes law-determined responsibility.

3. Decisions of law courts must be substantiated and proved.

Article 130 Constitutional Court of the Azerbaijan Republic

9. Constitutional Court of the Azerbaijan Republic takes decisions as regards the questions of its competence. Decisions of Constitutional Court of the Azerbaijan Republic are obligatory all over the territory of the Azerbaijan Republic.

The following amendment is proposed:

Decisions of the Constitutional Court of the Azerbaijan Republic are published.

Article 131 Supreme Court of the Azerbaijan Republic

It is proposed to add 3rd point to the Article:

Decisions of the Supreme Court of the Azerbaijan Republic are published.

Article 146 Guarantee of inviolability of municipalities

The following amendment is proposed:


1. Municipalities are inviolable to carry out their authorities. It does not exclude their responsibility before the citizens living in the municipal territories. Cases and rules of election of members of the municipalities, ban or elimination of their authorities, early dissolution of the municipalities are determined by the law.

2. Inviolable implementation of the municipal authorities can not damage the sovereignty of the Azerbaijan Republic.

3. The government controls the activity of the municipalities.

4. The municipalities submit reports on their activities to Milli Majlis of the Azerbaijan Republic in the cases and within the rules determined by the law.

Article 149 Normative-legal acts

It is proposed to add 8th point to the Article:
Normative-legal acts must be published. No one can be forced to implement (to observe) normative-legal acts not be published and no one can be brought to responsibility for non-implementation of such acts. Publication of the normative-legal acts is determined by the Constitution.


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