Presidential power

(From the Constitution of the Republic of Azerbaijan)

Article 8. The Head of the State of Azerbaijan

I. The President of the Republic of Azerbaijan is the Head of the state of Azerbaijan. He/she represents the state of Azerbaijan both within the country and in its foreign relations.

II. The President of the Republic of Azerbaijan embodies unity of the Azerbaijani people and ensures continuity of the Azerbaijani statehood.

III. The President of the Republic of Azerbaijan is the guarantor of independence and territorial integrity of the state of Azerbaijan, and of its observance of international treaties to which the Republic of Azerbaijan is a party.

IV. The President of the Republic of Azerbaijan is the guarantor of independence of judicial power.

Power of the President of the Republic of Azerbaijan:

Article 109. Powers of the President

The President of the Republic of Azerbaijan shall have the following powers:

1) to call the elections to the Milli Majlis of the Republic of Azerbaijan;

2) to submit the state budget of the Republic of Azerbaijan to the Milli Majlis of the Republic of Azerbaijan for approval;

3) to approve state economic and social programmes;

4) to appoint the Prime Minister of the Republic of Azerbaijan with the consent of the Milli Majlis of the Republic of Azerbaijan; to dismiss the Prime Minister;

5) to appoint and dismiss members of the Cabinet of Ministers of the Republic of Azerbaijan; and to preside over meeting of the Cabinet of Ministers of the Republic of Azerbaijan when necessary;

6) to take decisions regarding the resignation of the Cabinet of Ministers of the Republic of Azerbaijan;

7) to establish central and local executive bodies within the limits of the expenses allotted for the executive in the state budget;

8) to repeal resolutions and orders of the Cabinet of Ministers of the Republic of Azerbaijan and the Cabinet of Ministers of the Autonomous Republic of Nakhchivan, and acts of central and local executive bodies;

9) to make submissions to the Milli Majlis of the Republic of Azerbaijan regarding the appointment of judges of the Constitutional Court of the Republic of Azerbaijan, the Supreme Court of the Republic of Azerbaijan and the courts of appeal of the Republic of Azerbaijan; to appoint judges to the other courts of the Republic of Azerbaijan; and to appoint and dismiss the General Prosecutor of the Republic of Azerbaijan with the consent of the Milli Majlis of the Republic of Azerbaijan;

10) to make submissions to the Milli Majlis of the Republic of Azerbaijan regarding the appointment and dismissal of the members of the Governing Board of the Central Bank of the Republic of Azerbaijan; and to appoint the Chairman of the Central Bank from among the members of the Governing Board of the Central Bank.

11) to submit the military doctrine of the Republic of Azerbaijan to the Milli Majlis of the Republic of Azerbaijan for approval;

12) to appoint and dismiss the Supreme Command of the Armed Forces of the Republic of Azerbaijan;

13) to establish the Administration of the President of the Republic of Azerbaijan and to appoint its head;

14) to make submissions to the Milli Majlis of the Republic of Azerbaijan regarding the election of the Human Rights Commissioner of the Republic of Azerbaijan;

15) to make submissions to the Milli Majlis of the Republic of Azerbaijan regarding the establishment of diplomatic representations of the Republic of Azerbaijan in foreign countries and in international organisations, and to appoint and recall diplomatic representatives of the Republic of Azerbaijan in foreign countries and in international organisations;

16) to receive the credentials and letters of recall from the diplomatic representatives of foreign countries;

17) to conclude inter-state and inter-governmental treaties; to submit inter-state treaties and those inter-governmental agreements that contain rules contradicting the laws of the Republic of Azerbaijan to the Milli Majlis of the Republic of Azerbaijan for ratification and denunciation; and to sign acts of ratification;

18) to call a referendum;

19) to sign and publish laws;

20) to settle issues of citizenship;

21) to settle issues regarding the granting of political asylum;

22) to grant pardons;

23) to confer state awards;

24) to award supreme military and supreme special ranks;

25) to declare general and partial mobilization, and demobilization;

26) to make decisions regarding the conscription of citizens of the Republic of Azerbaijan into active military service, and regarding the transfer of active military servicemen to the reserves;

27) to appoint the Security Council of the Republic of Azerbaijan;

28) to make submissions to the Milli Majlis of the Republic of Azerbaijan for its consent to the use of the Armed Forces of the Republic of Azerbaijan for performing tasks not related to their assignment;

29) to declare a state of emergency and martial law;

30) to declare war and conclude peace with the consent of the Milli Majlis of the Republic of Azerbaijan;

31) to form special security services within the limits of the expenses allotted by the state budget;

32) to settle other issues that do not fall under the competence of the Milli Majlis of the Republic of Azerbaijan and of the judiciary under the present Constitution.

Elections:

Article 101. Foundations of elections of the President of the Republic of Azerbaijan

I. The President of the Republic of Azerbaijan is elected for a 7-year term by way of universal, direct and equal suffrage, by free, personal and secret ballot. The President of the Republic of Azerbaijan may call extraordinary elections of the President of the Republic of Azerbaijan.

II. The President of the Republic of Azerbaijan is elected by a majority of half of the votes.

III. If required majority has not achieved in the first round of voting, then second round will be held on second Sunday after the first round. Only two candidates who gained more votes than others in the first round, or two candidates following closely the first ones, should they recall their candidatures, will take part in the second round of elections.

IV. The candidate having collected majority of votes in the second round of elections is considered to be elected the President of the Republic of Azerbaijan.

V. In case the conduct of the Presidential Election of the Republic of Azerbaijan is not held due to military operations under a state of war, the term of office of the President of the Republic of Azerbaijan shall be extended until the end of military operations. The decision on this matter shall be adopted by the Constitutional Court of the Republic of Azerbaijan on the basis of the application of the state body organizing elections (referendum).

VI. Procedure of implementation of the present Article is prescribed by law.

Article 102. Results of elections of the President of the Republic of Azerbaijan

Results of elections of the President of the Republic of Azerbaijan are officially announced by Constitutional Court of the Republic of Azerbaijan within 14 days after the day of voting.

Article 103. Oath of a person elected the President of the Republic of Azerbaijan

I. A person elected the President of the Republic of Azerbaijan, within 3 days of announcement of results of elections of the President of the Republic of Azerbaijan, takes an oath with participation of judges of Constitutional Court of the Republic of Azerbaijan: "Carrying out powers of the President of the Republic of Azerbaijan I swear to follow the Constitution of the Republic of Azerbaijan, protect sovereignty and territorial integrity of the state, to serve people".

II. The President of the Republic of Azerbaijan shall be considered to enter on the execution of his office upon having taken the presidential oath.

Article 1031. Vice-presidents of the Republic of Azerbaijan

I. The First Vice-President and Vice-Presidents of the Republic of Azerbaijan are appointed and dismissed by the President of the Republic of Azerbaijan.

II. A citizen of the Republic of Azerbaijan who has the right to participate in elections, has higher education and has no obligations to other states may be appointed to the position of Vice-President of the Republic of Azerbaijan.

Article 106. Immunity of the President

The President of the Republic of Azerbaijan shall have the right of immunity. The honour and dignity of the President of the Republic of Azerbaijan shall be protected by law.

Article 1061. Immunity of the Vice-Presidents of the Republic of Azerbaijan

I. The Vice-President of the Republic of Azerbaijan enjoys immunity during the whole term of his/her powers.

II. The Vice-President of the Republic of Azerbaijan may not be detained, brought to criminal responsibility except cases when he/she has been caught red-handed, disciplinary measures may not be applied to him/her by court, he/she may not be searched.

III. The Vice-President of the Republic of Azerbaijan may be detained if he/she has been caught red-handed. In such case the body which detained the vice-president must immediately notify Prosecutor-General of the Azerbaijan Republic about the fact.

IV. Immunity of the Vice-President of the Republic of Azerbaijan might be stopped only by the President of the Azerbaijan Republic, based on application of Prosecutor-General of the Republic of Azerbaijan.