Azerbaijan, Baku, Dec. 19 / Trend , I. Khalilova/ The parliament of Azerbaijan has adopted changes to the Constitution.
A referendum action on changes to the Constitution was discussed at a parliamentary meeting on Dec. 19.
On Dec. 18, Azerbaijani Parliament's Commission on legal Policy and State Building and Commission on Human Rights adopted at a joint meeting the Referendum Action on Supplements and Changes to the Constitution and submitted it to the Parliament for consideration. At the initiative of the Speaker Ogtay Asadov, the Parliament removed Paragraph 5 from Article 101 of the Constitution of Azerbaijan Republic, which prohibited a person from being elected President repeatedly more than two times.
Instead, the Parliament included a Paragraph stipulating for postponement of presidential elections in case of the country wages military operations.
The governing New Azerbaijan Party (NAP) suggested a referendum to eliminate the restriction prohibiting a person from being elected president more than two times. Several political parties represented at the Parliament, public organizations and intellectuals supported the proposal.
The term of office of the president is five years. Azerbaijani Constitution was adopted in 1995 and amended and supplemented in 2002.
Other changes to the constitution are related to Article 108 specifying the rights and status of former presidents; renaming the National Bank of Azerbaijan into the Central Bank, the Executive Office of the President in Presidential Administration.
Changes in the text of the Constitution of the Azerbaijan Republic may be made only by way of referendum (Article 152). If proposals about changes in the text of Constitution of the Azerbaijan Republic are presented by Milli Majlis (Parliament) or the President of the Azerbaijan Republic, then Constitutional Court of the Azerbaijan Republic should give its conclusion beforehand (Article 153).
The following changes and supplements to the Constitution are included in the final draft:
Article 12. The highest priority objective of the state1.The highest priority objective of the state is to provide rights and liberties of a person and citizen.
The following supplement is proposed: 1.The highest priority 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 state1. Development of economy based on various forms of property in the Azerbaijan Republic is aimed to ensure prosperity of people. Based on market relations the Azerbaijani state provides conditions to develop economy, guarantees free business activity, and prevents monopoly and unfair competition in economic relations.The following supplement is proposed: 2. Based on market relations the Azerbaijani state provides conditions for development of socially-trended economy, guarantees free business activity, and prevents monopoly and unfair competition in economic relations.Article 17. Family and stateFollowing changes are proposed to the Article: 3. Children, lacking parents and trustees, are under control of the state. 4. It is banned to involve children in activities, which cause danger to their life, health and morality. 5. Children under 15-year-old cannot be employed. 6. The state controls observation of children's rights.Article 18. Religion and state2. Spread and promotion of religions humiliating people's dignity and contradicting the principles of humanism are prohibited.The following edition is proposed: 2. Spread and promotion of religions (religious trends) humiliating people's dignity and contradicting the principles of humanism are prohibited.Article 19. Monetary unit 2. Only the National Bank has the right of introducing money into circulation and withdrawal them from circulation. The National Bank of the Azerbaijan Republic belongs exclusively to the state.The following change is proposed: 3. Only the Central Bank has the right to introduce money into circulation and withdraw them from circulation. The Central Bank of the Azerbaijan Republic belongs exclusively to the state.Article 25. Right for equalityThe following change is proposed:
4. Nobody can be damaged for above-mentioned reasons, privileged or refused to have privilege. 5. Everybody has equal rights in his/her relations with authorities and state bodies, making decisions on laws and duties, and those holding the state power authorities. Article 32. Right for personal immunity2. Everyone has the right for confidentiality concerning personal and family life. Any interference into private life is prohibited, except cases specified in legislation.The following change is proposed: Everyone has the right of protection from illegal interference in his/her private life and family.3. Gaining, storage, use and spread of information about a person's private life without his/her consent is not permitted. The following change is proposed: Except the cases specified in the law, no one can be shadowed, video, photo, voice of no one can be recorded without his/her permission or in the way ignoring his/her objection.It is proposed to add 5th point to the article: Except the cases specified in 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 environmentIt is proposed to add the 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 conscienceIt is proposed to supplement 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 informationIt is proposed to supplement 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 crimeThe following edition is proposed: 1. Every person detained, arrested or accused by the relative government agencies is immediately explained his/her rights, reasons of being detained, arrested and held answerable. 2. Everyone accused of committing crime should be listened to before being indicted.Article 71. Protection of rights and liberties of a human being and citizen2. No one can restrict protection of human rights and liberties.The following amendment is proposed: Everyone's rights and liberties are restricted by the laws of the Constitution as well as by the rights and liberties by another person. 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 supplement the 9th point to the article:
Governmental agencies can function basing on the Constitution within the framework of the rules determined the by law.Article 72. Main responsibilities of citizens
1. Everyone has commitments to the state and society directly resulting from his/her rights and liberties.The following supplement is proposed: Obligations can be laid on everyone only within the Constitution or law.Article 75. Respect for state symbolsEvery citizen must respect state symbols of the Azerbaijan Republic -- its banner, state emblem and hymn.It is proposed to supplement 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 supplement is proposed: If elections to the parliament of Azerbaijan Republic cannot 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 governmental agency authorized to conduct elections (referendum).Article 88. Sessions of the Parliament of Azerbaijan RepublicIt is proposed to supplement the 4th point: The sittings of the sessions of Azerbaijani Parliament are open. Closed sitting of the parliament can be held at the demand of 83 MPs or proposal by President of Azerbaijan Republic. Article 95. Competence of the Parliament of Azerbaijan Republic It is proposed to supplement 20th point: - Hold hearings on the reports of municipalitiesArticle 96 Right of legislative initiativeI. Right of legislative initiative in Milli Majlis of the Azerbaijan Republic (right to submit for consideration of Milli Majlis of the Azerbaijan Republic draft laws and other questions) belongs to members 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.The following edition is proposed: I. Right of legislative initiative in Milli Majlis of the Azerbaijan Republic (right to submit for consideration of Milli Majlis of the Azerbaijan Republic draft laws and other questions) belongs to members of Milli Majlis of the Azerbaijan Republic, the President of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic, holding 40,000 votes of citizens of the Azerbaijan Republic, Prosecution's Office of the Azerbaijan Republic and Ali Majlis of Nakhichevan Autonomous Republic.
The wording of "40,000 votes of citizens of the Azerbaijan Republic" is also supplemented to parts 2 and 3 of the Article. It is proposed to make supplement the 66h and 7th points to Article: 6. Rules to use legislative initiative of 40,000 citizens of Azerbaijan Republic with a right of vote are determined by the law7. Laws and bills must be grounded and aims of their adoption must be indicated.
Article 101 Procedure on election of the President of Azerbaijan Republic 5. No one can be elected the President of the Azerbaijan Republic repeatedly, more than two times.The following supplement 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 at the request of the government organizations authorized in holding 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 services. It is proposed to supplement the 2nd point to the Article: - Rules on provisions for a person earlier elected the President of the Azerbaijan Republic are determined by the Constitution. Article 109 Competence of the President of the Azerbaijan RepublicNational 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 for revealing the truth. Article 129 Sentences and their implementationIt is proposed to add 2nd and 3rd points to the Article: 2. Non-implementation of sentences of courts entails a responsibility specified by the law.3. Sentences of courts must be substantiated and proved. Article 130 Constitutional Court of the Azerbaijan Republic9. Constitutional Court of the Azerbaijan Republic takes decisions as regards the questions under its competence. Decisions of Constitutional Court of the Azerbaijan Republic are obligatory all over the territory of the Azerbaijan Republic. The following supplement is proposed: Decisions of the Constitutional Court of the Azerbaijan Republic are published.Article 131 Supreme Court of the Azerbaijan RepublicIt is proposed to add the 3rd point to the Article:
Decisions of the Supreme Court of the Azerbaijan Republic are published.Article 146 Guarantee of independence of municipalitiesThe following supplement is proposed: 1. Municipalities are independent in fulfilling 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, pre-term dissolution of the municipalities are determined by the law. 2. Independent implementation of the municipal authorities cannot 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 cases and within the rules determined by the law. Article 149 Standard-legal acts It is proposed to supplement the 8th point to the Article:
Standard legal acts must be published. No one can be forced to implement (to observe) standard-legal acts, which were not be published, and no one can be made answerable for non-implementation of such acts. Publication of the standard legal acts is determined by the Constitution.
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