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General information on political system of AR

The political system of the Republic of Azerbaijan reflects the characteristics of the national and historical profile. Its establishment was and still is influenced by a variety of factors. Another important factor is the political culture of the population.

The structural formation of Azerbaijan's political system was completed by way of the acceptance of the new Constitution of Azerbaijan on November 12th, 1995. The constitution established Azerbaijan as a democratic, constitutional, secular and unitary republic.

The Republic of Azerbaijan is ruled by the people. The sovereign duty of the people of the Republic of Azerbaijan is to determine its future fate and the form of independent and free ruling. The power in Azerbaijan is divided into the legislative, executive and judicial powers. Each of them acts in accordance with the constitution and legislative acts. The president is the head of the state.

The legislative power is held by Milli Majlis. Executive power is carried out by the president, while the judicial power is held by the courts of the Republic of Azerbaijan.

The Republic of Azerbaijan has a specific unitarity due to the status of the state authority in the autonomous republic of Nakhchevan. The constitution defines the autonomous Republic of Nakhchyvan as an autonomous state within the Republic of Azerbaijan. Its legislative power is held by the Supreme Mejlis of the Nakhchevan Autonomous Republic, executive power - by the Cabinet of Ministers of the Nakhchevan Autonomous Republic, and the judicial power is vested in the courts of the autonomous republic of Nakhchevan. The chair of the Supreme Medjis of Nakhichevan AR is the senior official of the autonomous republic.

Self-governing municipalities also play an important role in the political system of Azerbaijan. These are newly established, yet highly prospective institutions.

Like all contemporary political systems, the political system of Azerbaijan is characterized by pluralism - the existence of more than one political party. The political parties participate in political life through representatives in the legislative and local self-governing bodies.

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Legislative power

The legislative power of the Republic of Azerbaijan is exercised by single-chamber Milli Majlis. Parliament, which is formed through elections by the population of country, is inseparable institute of democratic state structure representing the legislative power, one of the important branches of state power. Its activity and status of authorities are realized in two major directions: first, Milli Majlis defines the common rules for a range of issues.

The legislative power builds its activity in accordance with these rules. Second, Milli Majlis can directly resolve a number of problems. The Milli Majlis is empowered to dismiss the President by means of impeachment. Deputies of Milli Majlis of Azerbaijan Republic are elected through the common, equal and direct elections in base of majority election system by means of free, private and secret voting. All citizens of Azerbaijan older than 25 years can be elected as deputies of the Milli Majlis of the Republic of Azerbaijan, as stipulated by law.

The Milli Majlis of the Republic of Azerbaijan is a unicameral (single-chamber) body composed of 125 members elected for five-year terms through direct common voting. Milli Majlis has a power of approving and regulating the state budget.

The Milli Majlis of the Azerbaijan Republic develops constitutional laws, acts and orders on issues within its power. The laws and orders of the Milli Medjlis of the Azerbaijan may not include definite instructions to executive power and judicial bodies. The Milli Majlis of the Azerbaijan Republic approves the appointment of the Prime Minister and gives the vote of confidence to the Cabinet of Ministers. By introduction of the head of state the Milli Majlis of the Azerbaijan Republic appoints judges of the Constitutional Court, Supreme Court and the Economic Court.

Under the Constitution of the Republic of Azerbaijan, the Milli Majlis of the Republic of Azerbaijan can dismiss the President by means of impeachment. Moreover, the Milli Majlis has the power to ratify and annul international contracts, appoint referendums and deal with the establishment of the Auditing Chamber. The Milli Majlis of the Republic of Azerbaijan has a scheduled activity of autumn and spring sessions.

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Executive power

According to Constitution of Azerbaijan Republic, the sole system of executive power consists of upper, central and local executive power bodies. This system covers the main majority of state bodies and employees and is entitled to the wide rights. Implementation of laws is the major function of the executive power.

The executive power of the Republic of Azerbaijan is held by the President of the Azerbaijan Republic. Presidents must be the natural citizens of Azerbaijan of higher education, at least thirty five years of age, residing in Azerbaijan for not less than ten years, eligible to vote and not charged with any grave crimes, and without any previous commitments to any other country.

The President of the Azerbaijan Republic is elected for the term of five years through common and direct voting. The President is the head of state according to the political system of Azerbaijan Republic.

The Constitution of the Azerbaijan Republic provides for expand powers of the President. He has a power to appoint and release the Prime Minister by agreement with the Milli Majlis. The President dismisses the Cabinet of Ministers and appoints and releases members of the Cabinet of Ministers. The President of the Azerbaijan Republic introduces the state budget in the Milli Majlis for approval.

The President of the Azerbaijan Republic regulates directly the work of the government. The President of the Azerbaijan Republic presents the candidates for positions of judges of the Constitutional Courts, the Supreme Court of the Azerbaijan Republic and the Court of Appeal of the Azerbaijan Republic; appoints judges of other courts of the Azerbaijan Republic; appoints and releases the Prosecutor General of the Azerbaijan Republic by agreement of the Milli Majlis of the Azerbaijan Republic.

The President signs laws introduced to him within 56 days. If the President does nor agree with a law, he does not sign it and may return it to the Milli Majlis of the Azerbaijan republic along with his protest within the same period of time.

The President strikes international intergovernmental contracts, introduces international intergovernmental agreements in the Milli Majlis for approval or annul; signs certificates.

The President of the Azerbaijan Republic establishes the Security Council and governs it. The head of state issues a decree on the military or emergency state and introduces it in the Milli Majlis within 24 hours. Under the Constitution of the Azerbaijan Republic the President of the Azerbaijan Republic settles all other issues not related to the functions of the Milli Majlis of the Azerbaijan Republic and judicial bodies of the Azerbaijan Republic.

The President of the Azerbaijan Republic has wide power as for international political activity. The President is the plenipotentiary representative of the Republic in official visits and international talks. Moreover, the President of the Azerbaijan Republic receives the credentials of the diplomatic representatives of foreign countries, appoints and withdraws the country's diplomatic representatives in foreign countries and international organizations.

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According to Constitution of Azerbaijan, Judicial system of Azerbaijan Republic is consisted of all the courts acting in the Republic and united under the sole duties, organizational and activity principles of the judicial power. Structure of the judicial system of Azerbaijan Republic has been determined by Law dated from 10 June 1997 of Azerbaijan Republic 'On courts and judges'. 

Judicial power of the Azerbaijan Republic is exercised only by courts through fair judgment. Judicial power of the Azerbaijan Republic rests on the Constitutional Court of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic, the Court of Appeal of the Azerbaijan Republic, common courts of the Azerbaijan Republic and other specialized courts of the country.

Judicial power is exercised through civil and criminal courts and by other means determined by the law. Citizens of the Azerbaijan Republic at least 30 years of age, eligible to vote, having higher legal education and at least five years of work as a lawyer may be appointed the judge. Judges are independent and adhere only to the Constitution and the laws of the Azerbaijan Republic and not to be replaced through their term. 

The Constitutional Court of the Azerbaijan Republic consists of nine judges, appointed by the Milli Majlis on introduction of the President of the Azerbaijan Republic. The judges of the Constitutional Court of the Azerbaijan Republic are appointed by the Milli Majlis on introduction of the President of the Azerbaijan Republic.

The Constitutional Court has a power to examine the conformity of laws of the Azerbaijan Republic, decrees and orders of the President of the Azerbaijan Republic, resolutions of Milli Majlis, legal acts of executive bodies to the Constitution of the Azerbaijan Republic. Moreover, the Constitutional Court of the Azerbaijan Republic controls the activity of different state bodies and officials. 

The Constitutional Court settles problems related to power separation between executive and judiciary powers. The resolutions of the Constitutional Court of the Azerbaijan Republic are mandatory on the territory of Azerbaijan. The Supreme Court deals with criminal and other cases, while the Economic Court tries cases of economic conflicts.