STATE STRUCTURE AND POLITICAL SYSTEM

The Azerbaijan Republic (Azərbaycan Respublikasi) is a legally constituted, secular republic. The state administration is conducted through the principle of the division of powers: legislative, executive and judicial. The President is the Head of State and implements the policies decided democratically for the exercise of executive power. The President is elected by direct vote for a period of five years. Legislative power is
implemented by the Milli Mejlis (National Assembly) which is a single-house parliament consisting of 125 deputies elected for a period of five years on the basis of a combined system of first-past-the-post and proportional representation. Following the Soviet period, democracy developed over time, with a plethora of political parties to start with (over 60 at one time) to around 30 at the present time. The names of some of the main parties are: «New Azerbaijan», «Istiqlal» (Party of the National Independence of Azerbaijan), «Musavat» (a revival of the ruling party in independent Azerbaijan of 1918-1920), «Party of the Popular Front of Azerbaijan», «Social- Democratic Party of Azerbaijan» and others. A Prime Minister heads the Cabinet of Ministers, an appointed body which has the main tasks of executive power. Judicial power is implemented by the three independent courts of the Azerbaijan Republic: the Constitutional Court, High Court and Economic Court. The official language of the Azerbaijan Republic is the Azerbaijani language which is a member of the southwestern, Oguz family of Turkic languages. Informally, other languages are also used such as Russian and
English. Furthermore, the constitution of the Azerbaijan Republic guarantees the free use and development of the languages of all ethnic groups which can be taught in schools and used in all publications. Freedom of religion is also enshrined in the constitution. The religion of the majority in Azerbaijan is Islam. Not much difference is made between Shia and Sunni in Azerbaijan, but formally two thirds are considered Shia and one third are
Sunni. There are also centers of worship for the Russian Orthodox Church, the Armenian Gregorian Church, three Jewish synagogues, one Georgian Orthodox church, thirteen Old Believers Russian churches (locally there are those known as «Malakan»), one Lutheran, several Baptist, one Bahai and one Hare Krishna organization. Civil legislation for marriage, divorce and those elements concerned with the establishing of civil society are being drafted to reflect the secular character of the Azerbaijani state.

1. President of the Republic of Azerbaijan

Ilham Heydar oglu Aliyev
Ilham Heydar oglu Aliyev was born in December 24, 1961, in Baku. He attended a secondary school in Baku from 1967 till 1977. In 1977, he entered the Moscow State University of International Relations (MSUIR). In 1982, upon his graduation, Mr. Aliyev had continued his education as a
postgraduate student in MSUIR. In 1985, he finalized his research works and received a PhD degree in history. During the years of 1985-1990, he
gave lectures at the Moscow State University of International Relations. From 1991 to 1994, he led a group of private industrial-commercial enterprises. In 1994-2003, he was the vise-president, and later the first vise-president of the State Oil Company of the Republic of Azerbaijan (SOCAR). He had been actively involved in the implementation of Heydar Aliyev’s oil strategy. He is an author of numerous research works on geopolitical aspects of oil strategy of sovereign Azerbaijan. He holds a degree of doctor of political sciences. In 1995 and 2000, he was twice elected to the Milli Majlis (Parliament) of the Republic of Azerbaijan. In 2003, he stopped his activity as a Member of Parliament due to his appointment to the post of Prime minister of the Republic of Azerbaijan. Since 1997, Mr. Ilham Aliyev is the President of the National Olympic Committee of Azerbaijan. For his great contribution to the development of sports and Olympic movement, Mr. Aliyev was awarded the highest order of International Olympic Committee and “Grand Cordon” Order of Merit of International Military Sport Council. He has been elected deputy chairman of the New Azerbaijan Party in 1999, first deputy chairman in 2001, and the chairman of the Party in 2005. From 2001 to 2003, he was the head of the Azerbaijani Parliamentary delegation to Parliamentary Assembly of Council of Europe (PACE). In January 2003, he was elected as Deputy-Chairman of Parliamentary Assembly of Council of Europe and member of the PACE bureau. In August 4 2003, following the approval of the Milli Majlis (Parliament), he was appointed as the Prime minister of the Republic of Azerbaijan. In October 15, 2003, he was elected as the President of the Republic of Azerbaijan. More than 76% of voters supported Ilham Aliyev’s candidacy during the elections. He assumed his post on 31 October, 2003.
In April of 2004, Mr. Aliyev was awarded a medal and diploma of honorable member of PACE for his active participation in PACE events and commitment to European values. Ilham Aliyev was elected to the second term of the President of the Republic of Azerbaijan, after acquiring 88% of votes of electorate in the elections, held on October 15, 2008. He started to execute the Office of the President of the Republic of Azerbaijan on October 24, 2008. Ilham Aliyev was elected to the third term of the President of the Republic of Azerbaijan gaining 84,54% of votes in the elections held on October 9, 2013. Mr. Aliyev is fluent in Azerbaijani, English, Russian, French, and Turkish. Mr. Aliyev is married, has three children.

2. The Legal System of the Republic of Azerbaijan
a. Background information
The Republic of Azerbaijan was created on May 28, 1918. As a result of the intervention of the 11th Red Army, Azerbaijan lost its independence in April 1920 and in December 1922 became a part of the former USSR. Azerbaijan re-established its independence with The Constitutional Act on Restoration of the State Independence of the Republic of Azerbaijan on October 18, 1991. The Azerbaijani law system is based on civil law system. The Constitution of Azerbaijan Republic has the highest legal force in the territory of Azerbaijan and acts directly. The Constitution of the Azerbaijan
Republic is the basic foundation of the Legislative system in the Republic. The Constitution created the system of presidential republic with a separation of powers among the legislative, executive and judicial branches. The Constitution provides an adequate legal basis for the domestic implementation of International Law in general and International Human Rights Law in particular. The International Treaties, to which Azerbaijan is a Party, are recognized as an constituent part of the internal legal system (Art. 148(II)) and given a higher hierarchical status in the case of a conflict with a national law (Art. 151). While expressly stipulating that an international treaty may not contravene the Constitution and laws adopted by referendum (Art. 151), see also Art. 130(III(6)), The Constitution at the same time implicitly, as a lex specialis rule, provides for the primacy of international human rights over the appropriate constitutional provisions (Art. 12). Thus Art. 12(II) of the Constitutions empowers domestic courts to apply International Human Rights treaties to which Azerbaijan is party. This is a very progressive statement which needs to be corroborated and developed by the judicial practice, particularly by the jurisprudence of the Constitutional Court.
b. Separation of powers
Azerbaijan Republic is a democratic, legal, secular, unitary republic. In terms of internal problems state power in the Azerbaijan Republic is limited only by law, in terms of foreign policy-by provisions resulting from international agreements, wherein the Azerbaijan Republic is one of the parties.
State power in the Azerbaijan Republic is based on a principle of division of powers:
 Milli Majlis of the Azerbaijan Republic exercises legislative power;
 the executive power belongs to the President of the Azerbaijan Republic;
 law courts of the Azerbaijan Republic exercise judicial power.
Legislative, executive and judicial powers interact and are independent within the limits of their authority.
c. Legislative system
The legislative system consists of the following normative-legal acts:
Constitution;
acts accepted by referendum;
laws;
orders;
decrees of Cabinet of Ministers of the Azerbaijan Republic;
normative acts of central executive power bodies.
International agreements wherein the Azerbaijan Republic is one of the parties constitute an integral
part of legislative system of the Azerbaijan Republic.

3. The Legislative Power
Legislative power in the Republic of Azerbaijan is implemented by Milli Majlis (Parliament) of the Republic of Azerbaijan. Milli Majlis of the Republic of Azerbaijan consists of 125 deputies. Deputies of Milli Majlis of the Republic of Azerbaijan are elected based on majority voting systems and general, equal and direct elections by way of free, individual and secret voting. Term of authority of each calling of Milli Majlis of the Republic of Azerbaijan is 5 years. Every citizen of the Republic of Azerbaijan not younger than 25 may be elected the deputy of Milli Majlis of the Republic of Azerbaijan in an established order. Accuracy of results of elections is checked and approved by Constitutional Court of the Republic of Azerbaijan as specified in the law.
The deputy of Milli Majlis of the Republic of Azerbaijan looses his/her mandate in the following cases:

whenever during the elections there was falsification in calculation of votes;
on giving up the citizenship of the Republic of Azerbaijan or accepting other citizenship;
on commitment of crime and whenever there is valid verdict of law court;
on taking position in state bodies, post in religious organizations, involvement in business,
commercial or other paid activity (except scientific, pedagogical and creative activity);
on a voluntary basis;
Right of legislative initiative in Milli Majlis of the Republic of Azerbaijan (right to submit for consideration by Milli Majlis of the Republic of Azerbaijan drafts of laws and other questions) belongs to deputies of Milli Majlis of the Republic of Azerbaijan, the President of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan, the Prosecutor’s Office of the Republic of Azerbaijan and Ali Majlis of Nakhichevan Autonomous Republic.  4. The Executive Power
a. President
Executive power in the Republic of Azerbaijan belongs to the President of the Republic of Azerbaijan. Citizen of the Republic of Azerbaijan not younger than 35, permanently living on the territory of the Republic of Azerbaijan longer than 10 years, possessing voting right, without previous conviction, having no liabilities in other states, with university degree, not having double citizenship may be elected the President of the Republic of Azerbaijan. The President of the Republic of Azerbaijan is elected for a 5-year term by way of general, direct and equal elections, with free, personal and secret ballot. The President of the Republic of Azerbaijan is elected by the majority of more than the half of votes. The President of the Republic of Azerbaijan enjoys the right of personal immunity. Honor and dignity of the President of the Republic of Azerbaijan are protected by law. The President of the Republic of Azerbaijan signs the laws within 56 days after their presentation. If the President of the Republic of Azerbaijan has objections against a law he may return it to Milli Majlis of the Republic of Azerbaijan within specified term without signing, together with his comments. Should the President
of the Republic of Azerbaijan fail to sign Constitutional laws they will not come into force. If Milli Majlis of the Republic of Azerbaijan accepts by majority of 95 votes laws that have been accepted previously by majority of 83 votes, and by majority of 83 votes the laws that have been accepted previously by majority of 63 votes, said laws come into force after repeated voting. Establishing general procedures the President of the Republic of Azerbaijan issues decrees, as per all other questions – he issues orders. Decrees and orders of the President of the Republic of Azerbaijan they become valid from the day of their publication.
b. Cabinet of Ministers
For the implementation of executive powers the President of the Republic of Azerbaijan establishes Cabinet of Ministers of the Republic of Azerbaijan. Cabinet of Ministers of the Republic of Azerbaijan is the highest body of executive power of the President of the Republic of Azerbaijan. The Cabinet of Ministers of the Republic of Azerbaijan is subordinate to the President of the Republic of Azerbaijan and reports to him. The procedure of activity of Cabinet of Ministers of the Republic of Azerbaijan is defined by the President of the Republic of Azerbaijan. The Cabinet of Ministers of the Republic of Azerbaijan includes Prime-minister of the Republic of Azerbaijan, his deputies, ministers and heads of other central bodies of executive power. On a day when the newly elected President of the Republic of Azerbaijan comes into his rights and begins carrying out his powers Cabinet of Ministers of the Republic of Azerbaijan resigns. As a rule, the Prime-minister of the Republic of Azerbaijan takes chair at the meetings of the Cabinet of Ministers of the Republic of Azerbaijan. The Prime-minister of the Republic of Azerbaijan is appointed by the President of the Republic of Azerbaijan on consent of Milli Majlis of the Republic of Azerbaijan. The proposed candidature for the post of Prime-minister of the Republic of Azerbaijan is submitted for  consideration to Milli Majlis of the Republic of Azerbaijan by the President of the Republic of Azerbaijan not later than one month from the day when the President begins carrying out his powers, or not later than two weeks from the day of resignation of Cabinet of Ministers of the Republic of Azerbaijan.
The Cabinet of Ministers of the Republic of Azerbaijan:
prepares draft of state budget of the Republic of Azerbaijan and submits it to the President of the Republic of Azerbaijan;
provides implementation of state budget of the Republic of Azerbaijan;

provides implementation of financial-credit and monetary policy;

provides implementation of state economic programs;
provides implementation of state social programs;
carries out control over ministries and other central bodies of executive power, annuls their acts;
solves other questions delegated to it by the President of the Republic of Azerbaijan.
Establishing general procedures the Cabinet of Ministers of the Republic of Azerbaijan issues decrees, as per all other questions – it issues orders.
Decrees and orders of Cabinet of Ministers of the Republic of Azerbaijan become valid from the day of their publication.

5. Judicial Power
a. Background
The judicial power in Azerbaijan is implemented by law courts.
The judicial power is implemented through the Constitutional Court of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan, Courts of Appeal of the Republic of Azerbaijan, ordinary and specialized law courts of the Republic of Azerbaijan. The judicial power is implemented by ways of constitutional, civil and criminal legal proceedings and other forms of legislation provided for by law. In the criminal legal proceedings, the Procurator’s Office of the Republic of Azerbaijan and lawyers take part. The judicial system and legal proceedings in the Republic of Azerbaijan are determined by law. Use of legal means aimed to change the authority of law courts and establishment of extraordinary law courts which are not envisaged by the law are prohibited. Judges shall be citizens of the Republic of Azerbaijan not younger than 30, having voting rights, higher juridical education and at least 5-year working experience in the sphere of law. Judges are independent, they are subordinate only to Constitution and laws of the Republic of
Azerbaijan, and they cannot be replaced during the term of their authority. Judges are immune. A judge may be called to criminal responsibility only in accordance with law. The authority of judges might be stopped only based on reasons and rules envisaged by the law.
b. Constitutional Court of the Azerbaijan Republic
The Constitutional Court of the Republic of Azerbaijan consists of 9 judges. Judges of Constitutional Court of the Republic of Azerbaijan are appointed by Milli Majlis of the Republic of Azerbaijan on recommendation by the President of the Republic of Azerbaijan. The Constitutional Court of the Republic of Azerbaijan based on inquiry of the President of the Republic of Azerbaijan, Milli Majlis of the Republic of Azerbaijan, Cabinet of Ministers of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan, Procurator’s Office of the Republic of Azerbaijan, Ali Majlis of Nakhichevan Autonomous Republic takes decisions regarding the following:
 correspondence of laws of the Republic of Azerbaijan, decrees and orders of the President of the Republic of Azerbaijan, decrees of Milli Majlis of the Republic of Azerbaijan, decrees and orders of Cabinet of Ministers of the Republic of Azerbaijan, normative-legal acts of central bodies of executive power to Constitution of the Republic of Azerbaijan;
 correspondence of decrees of the President of the Republic of Azerbaijan, decrees of Cabinet of Ministers of the Republic of Azerbaijan, normative-legal acts of central bodies of executive power to the laws of the Republic of Azerbaijan;
 correspondence of decrees of Cabinet of Ministers of the Republic of Azerbaijan and normative-legal acts of central bodies of executive power to decrees of the President of the Republic of Azerbaijan;
 in cases envisaged by law, correspondence of decisions of Supreme Court of the Republic of Azerbaijan to Constitution and laws of the Republic of Azerbaijan;
 correspondence of acts of municipalities to Constitution of the Republic of Azerbaijan, laws of the Republic of Azerbaijan, decrees of the President of the Republic of Azerbaijan, decrees of Cabinet of Ministers of the Republic of Azerbaijan (in Nakhichevan Autonomous Republic – also to Constitution and laws of Nakhichevan Autonomous Republic and decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic);

 correspondence of interstate agreements of the Azerbaijan Republic, which have not yet become valid, to Constitution of the Republic of Azerbaijan; correspondence of intergovernmental agreements of the Republic of Azerbaijan to Constitution and laws of the Republic of Azerbaijan;
 correspondence of Constitution and laws of Nakhichevan Autonomous Republic, decrees of Ali Majlis of Nakhichevan Autonomous Republic, decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic to Constitution of the Republic of Azerbaijan; correspondence of laws of Nakhichevan Autonomous Republic, decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic to laws of the Republic of Azerbaijan; correspondence of decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic to decrees of the President of the Republic of Azerbaijan and decrees of Cabinet of Ministers of the Republic of Azerbaijan;
 settlement of disputes connected with division of authority between legislative, executive and judicial powers.

The Constitutional Court of the Azerbaijan Republic gives interpretation of the Constitution and laws of the Republic of Azerbaijan based on inquiries of the President of the Republic of Azerbaijan, Milli Majlis of the Republic of Azerbaijan, Cabinet of Ministers of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan, Procurator’s Office of the Republic of Azerbaijan and Ali Majlis of Nakhichevan Autonomous Republic.

Everyone claiming to be the victim of a violation of his/her rights and freedoms by the decisions of legislative, executive and judiciary, municipal acts set forth in the items 1-7 of the Para III of this Article may appeal, in accordance with the procedure provided for by law, to the Constitutional Court of the Republic of Azerbaijan with the view of the restoration of violated human rights and freedoms. In accordance with the procedure provided for by the laws of the Republic of Azerbaijan the courts may file the Constitutional Court of the Republic of Azerbaijan a request on interpretation of the Constitution and thelaws of the Republic of Azerbaijan as regards the matters concerning the implementation of human rights and freedoms.
The Ombudsman of the Republic of Azerbaijan in accordance with the procedure provided for by the laws of the Republic of Azerbaijan for solving the matters indicated in items 1-7, para III of the given Article shall apply to the Constitutional Court of the Republic of Azerbaijan in cases where the rights and freedoms of a person had been violated by legislative acts in force, normative acts of executive power, municipalities as well as the court decisions VIII. The Constitutional Court of the Republic of Azerbaijan exercises also other authorities envisaged in the present Constitution.
The Constitutional Court of the Republic of Azerbaijan takes decisions as regards the questions of its competence. Decisions of Constitutional Court of the Republic of Azerbaijan are obligatory all over the territory of the Republic of Azerbaijan. Laws and other acts, individual provisions of these documents, intergovernmental agreements of the Republic of Azerbaijan cease to be valid in term specified in the decision of Constitutional Court of the Republic of Azerbaijan, and interstate agreements of the Republic of Azerbaijan do not come into force.
c. Supreme Court of the Azerbaijan Republic
The Supreme Court of the Azerbaijan Republic (see English decisions) is the highest judicial body on civil, criminal, administrative and other cases directed to general and specialized law courts; it, via the cassation procedure, shall administer the justice; gives explanations as per practices in activity of law courts in an order envisaged by legislation;. Judges of Supreme Court of the Republic of Azerbaijan are appointed by Milli Majlis of the Republic of Azerbaijan on recommendation of the President of the Republic of Azerbaijan
d. The Courts of Appeal of Azerbaijan Republic

The Courts of Appeal of the Republic of Azerbaijan shall be the higher courts considering the issues
falling within their competences according to the legislation.
Judges of the Courts of Appeal of the Republic of Azerbaijan shall be appointed by the Milli Majlis of
the Republic of Azerbaijan upon the recommendation of the President of the Republic of Azerbaijan.
e. The Economic Court
The Economic Court of the Republic of Azerbaijan is the highest legal body deciding economic disputes. Judges to the Economic Court are appointed in the similar manner to the other high courts.
f. Procurator’s Office of the Azerbaijan Republic
 Via procedure and in cases specified by legislation, Procurator’s Office of the Republic of Azerbaijan exercises control over fulfillment and application of laws; in cases envisaged by legislation it undertakes prosecution and carries out investigation; supports state incrimination in the law court; brings in an action in the law court; remonstrates against decisions of law court.
 The Procurator’s Office of the Republic of Azerbaijan is an integral centralized body based on subordination of territorial and specialized procurators to General Procurator of the Republic of Azerbaijan.
 The General Procurator of the Republic of Azerbaijan is appointed to his post and dismissed from it by the President of the Republic of Azerbaijan, on consent of Milli Majlis of the Republic of Azerbaijan.
 Deputies of General Procurator of the Republic of Azerbaijan, procurators supervising specialized republican procurator’s offices, procurator of Nakhichevan Autonomous Republic are appointed to their posts and dismissed from their posts by the President of the Republic of Azerbaijan
on recommendation of General Procurator of the Republic of Azerbaijan.
 Territorial and specialized procurators are appointed to their posts and dismissed by General Procurator of the Republic of Azerbaijan on agreement with the President of the Republic of Azerbaijan.

6. Municipalities
Local self-government is carried out by municipalities. Municipalities are formed based on elections. The foundations of the status of municipalities shall be determined by given Constitution. The regulations of elections to the municipalities shall be determined by law. The activity of municipalities is carried out by way of meetings, permanent and other commissions. Meetings of municipalities are summoned by their chairmen.
The following questions are settled at the meetings of municipalities:
recognition of authority of municipality members, loss of their authority and termination of their authority according to legislation;
approval of in-house regulations of municipality;
elections of the chairman of municipality, his deputies, permanent and other commissions;
establishment of local taxes and duties;
approval of local budget and reports on its implementation;
possession of municipal property, use and disposal thereof;
acceptance and implementation of local programs of social protection and social development;
acceptance and implementation of local programs of economic development;
acceptance and implementation of local ecological programs.
Municipalities may be given additional authorities of legislative and executive power. To implement these authorities respective financing is required.
Implementation of such authorities will be controlled respectively by legislative and executive power bodies.

7. Sources of Law
On the base of Article 148(I) of the Constitution the legislative system of the Republic of Azerbaijan consists of the following normative-legal Acts:
The Constitution
Acts adopted via referendum
Laws
Decrees
Resolutions of the Cabinet of Ministers of the Republic of Azerbaijan Normative Acts of central executive bodies: International Treaties, of which the Azerbaijan is a party, are constituent part of the Legislative system of the Republic of Azerbaijan Local Executive bodies within their competence can take decisions and instructions of the normative character, other Acts, which do not contradict Acts included in the Legislation system.

8. Political parties.
Party of National Independence of Azerbaijan – est. 1992
Party of Resurrection and Progress of Azerbaijan – est. 1992
The People’s Democratic Party of Azerbaijan – est. 1992
Party Ana Veten – est. 1992
Party of National Democratic Cognition – est. 1992
Peasants’ Party of Azerbaijan – est. 1992
Party of Civil Solidarity – est. 1992
Musavat Party – est. 1992
Party Birlik – est. 1992
Party of New Azerbaijan – est. 1992
Party of National Unity of Single Azerbaijan – est. 1993
Party of Single Azerbaijan – est. 1993
Party of Democratic World of Azerbaijan – est. 1993
Party of Independent Azerbaijan – est. 1993
Party of the National Salvation – est. 1993
Compatriot Party of Azerbaijan – est. 1993
Party of Hope of Azerbaijan – est. 1993
Qorqud Party – est. 1993
Party of the National Movement of Azerbaijan – est. 1994
Communist Party of Azerbaijan – est. 1994
Party of the National Government of Azerbaijan – est. 1994
Patriots’ Party of Azerbaijan – est. 1994
Democratic Party of Entrepreneurs of Azerbaijan – est. 1994
Alliance Party for Azerbaijan – est. 1995
Azerbaijan Democratic Enlightment Party – est. 1995
Azerbaijan Party of Social Welfare – est. 1995
Liberal Party of Azerbaijan – est. 1995
Social Democratic Party of Azerbaijan – est. 1995
Popular Front Party of Azerbaijan – est. 1995
Single Communist Party of Azerbaijan – est. 1995
Party for Social Justice – est. 1998
National Congress Party – est. 1998
Party Vehdet – est. 1998
Republic of Azerbaijanan Party – est. 1999
People’s Party of Azerbaijan – est. 1999
Liberal Democratic Party of Azerbaijan – est. 1999
Democratic Party of Azerbaijan – est. 2000
Fighters’ Party of Azerbaijan – est. 2000
Party Adalet – est. 2002
Party of the National Unity of Azerbaijan – est. 2002
Modern Musavat Party – est. 2002
Azerbaijan Free Republican Party – est. 2002
Pan-Azerbaijani Popular Front Party – est. 2005
Evolution Party – est. 2005
Azerbaijan Political Party for Democratic Reformes – est. 2005
Liberty Party – est. 2005
Progress Party – est. 2005

Great Azerbaijan Party – est. 2005
Great Qurulush Party – est. 2005
Citizen Unity Party – est. 2005
Azerbaijan Classic Popular Front Party – est. 2007