President of the Republic of Azerbaijan

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President of the
Republic of Azerbaijan
Flag of the President of Azerbaijan.svg
Standard of the President
Ilham Heydar oglu Aliyev - President of the Republic of Azerbaijan.jpg
Acting President
İlham Əliyev
since October 15, 2003
Official seat Presidential Palace in Baku
Term of office 7 years
Creation of office October 18, 1991
Last choice Azerbaijan presidential election 2013
Deputy First Vice President of the Republic of Azerbaijan
website www.president.az

The President of the Republic of Azerbaijan (Azerbaijani: Azərbaycan Respublikasının Prezidenti ) is the head of state , the head of government and the commander in chief of the armed forces of the Republic of Azerbaijan .

The office is the highest position in the Azerbaijani system of government. The current incumbent is İlham Əliyev .

Constitutional position

The position of the President is described in Article 8 of the Constitution of the Republic of Azerbaijan . The rights and duties of the president as head of state (Azərbaycan dövlətinin başçısı) , his electoral process and the possibility of his dismissal are regulated in Chapter VI of the constitution.

The president is head of state, head of government and commander-in-chief at the same time. He embodies the executive, the executive power of the Republic of Azerbaijan . The president controls the parliament ( legislature ) and the constitutional court ( judiciary ). In this way, none of the state organs should become overpowering ( checks and balances ).

The President represents the state within the country and in external relations. He embodies the unity of the people of Azerbaijan and ensures the continuity of the Azerbaijani state. The President is the guarantor of the independence and territorial integrity of the Azerbaijani state and compliance with international treaties, of which Azerbaijan is a party. He is the guarantor of the independence of the judiciary.

Requirements for starting the election

Any Azerbaijani citizen who has lived on the territory of the Republic of Azerbaijan for over 10 years, has the right to vote, has not been convicted of a serious crime, has no obligations towards other states, has a higher education, can be elected President of the Republic of Azerbaijan and does not have dual citizenship. Re-election is permitted.

The Constitutional Court publishes the results of the presidential election within 14 days of the voting day.

Swearing in

To take office, the President must take the following oath before a judge of the Constitutional Court of the Republic of Azerbaijan within three days of the date of publication of the election results :

"Azərbaycan Respublikası Prezidentin səlahiyyətlərini həyata keçirərkən Azərbaycan Respublikasının Konstitusiyasına əməl edəcəyimə, dövlətin müstəqilliyaıtıtı, idqyatıtıvorçi qilliyini və raçi bütmaə.

"In exercising the powers of the President of the Republic of Azerbaijan, I swear that I will respect the Constitution of the Republic of Azerbaijan, protect the sovereignty and territorial integrity of the state, and serve the people with dignity."

The newly elected President takes office on the day of taking the oath. The Deputy President is the First Vice-President of the Republic of Azerbaijan. The Vice President is appointed and removed by the President of the Republic of Azerbaijan.

Competencies

The President has the following powers and duties:

  • sets the date for the parliamentary elections;
  • submits the state budget to parliament for approval;
  • confirms the state economic and social programs;
  • appoints the Prime Minister with the consent of Parliament;
  • dismisses the Prime Minister;
  • appoint and dismiss members of the Cabinet of Ministers;
  • if necessary, he chairs meetings of the Cabinet of Ministers;
  • adopts the decision on the resignation of the Cabinet of Ministers;
  • forms central and local executive bodies within the limits of the budget provided for;
  • repeals ordinances and orders of the Cabinet of Ministers and the Cabinet of Ministers of the Nakhichevan Autonomous Republic, as well as acts of the central and local executive organs;
  • suggests that Parliament appoint the judges of the Constitutional Court, the Supreme Court and the Courts of Appeal;
  • appoint the judges of the other courts;
  • appoint and dismiss the Attorney General with the approval of Parliament;
  • proposes to Parliament the appointment and dismissal of the members of the Board of Directors of the National Bank of the Republic of Azerbaijan;
  • submit military doctrine to parliament for approval;
  • appoints and dismisses the commanders in chief of the Azerbaijani armed forces;
  • forms the Presidential Office of the Republic of Azerbaijan and appoints its head;
  • proposes to Parliament for election the human rights representative;
  • proposes to Parliament the establishment of diplomatic missions in foreign states and in international organizations, appoints diplomatic representatives of Azerbaijan in foreign states and in international organizations and dismisses them;
  • accepts the authentication and recall letters from the representatives of foreign countries;
  • concludes intergovernmental treaties and treaties between governments, submits intergovernmental treaties to parliament for ratification or denunciation, and signs decrees on the ratification of international treaties;
  • calls a referendum;
  • signs and enacts laws;
  • decides citizenship issues;
  • decides on issues relating to political asylum;
  • exercises the right to pardon;
  • awards state awards;
  • bestows the highest military and highest special titles;
  • proclaims general or partial mobilization and demobilization;
  • Adopts the resolution on calling up citizens of the Republic of Azerbaijan for basic military service and on releasing them to the reserve of military personnel for basic military service;
  • forms the Security Council;
  • suggests that Parliament give its consent to the use of the Azerbaijani Armed Forces to carry out tasks that are not related to their intended purpose;
  • declares a state of emergency and imposes martial law;
  • declares war and makes peace with the approval of parliament;
  • sets up special security services within the limits of the appropriations earmarked for these purposes in the state budget;
  • adjudicates other issues which the Constitution of the Republic of Azerbaijan has not assigned to the competence of the parliament or the judiciary.

The rules of procedure of the Cabinet of Ministers are determined by the President. The President is supported in his duties by the Presidential Office of the Republic of Azerbaijan.

Right to initiate legislation

The President has the right to submit a bill to the legislature for voting. The draft law, which was presented by the President by way of the legislative initiative, is to be put to a vote in parliament within two months. If the President declares the draft law urgent, this period is 20 days.

Signing the laws

The President signs the laws within 56 days of the date of their submission. If the President has objections to the law, he can refer the law back to Parliament together with his objections within the specified period before it is signed.

If the President does not sign constitutional laws, they do not enter into force. If Parliament re-passes laws with a majority of 95 votes that were previously passed with a majority of 83 votes, and with a majority of 83 votes laws that were previously passed with a majority of 63 votes, these laws will overtake the re-vote in force.

Imposition of martial law

In the event of a de facto occupation of a certain part of the territory of Azerbaijan, the declaration of war by a foreign state or several foreign states on Azerbaijan, the occurrence of a real danger of an armed attack against the country, a blockade of the territory or the existence of a real threat of such Blockade, the President imposes martial law on the entire territory or in individual areas and submits the relevant decree to Parliament for approval within 24 hours.

Application of the state of emergency

In the event of natural disasters, epidemics, animal epidemics, major ecological and other disasters, as well as in the case of acts that are intended to violate the territorial integrity of the Republic of Azerbaijan, an uprising against the state or a coup d'état, in the event of mass unrest accompanied by the use of force, as well as if other conflicts arise that endanger the life and security of citizens or the normal activities of state institutions, the President proclaims a state of emergency in individual areas of the republic and submits the decree passed by him to parliament for approval within 24 hours .

Early withdrawal

The President is deemed to have left office prematurely if he resigns, if he completely loses his ability to exercise his office in view of his state of health, and if he is dismissed in accordance with the Constitution of the Republic of Azerbaijan.

Since the constitutional amendment in 2016, the First Vice President of the Republic of Azerbaijan has assumed the rights and duties of the President for the rest of the current term of office in the event that the latter dies, resigns or is unable to work. If the President leaves office prematurely, an extraordinary election of the President of the Republic of Azerbaijan will take place within 60 days. In this case, the First Vice-President shall act as President until the new President is elected.

Notice of withdrawal

If the President resigns, his declaration of resignation is sent to the Constitutional Court. The Constitutional Court examines whether the President has personally made the declaration of resignation and takes a decision on the acceptance of the resignation of the President. From this point on, the President is deemed to have left office as a result of his resignation.

Incapacity

After receiving the news that the President is unable to exercise his office due to his state of health, Parliament requests the Constitutional Court to clarify the matter. The Constitutional Court takes a decision on this issue with a majority of 6 votes. If the Constitutional Court does not confirm these facts, the question is considered to be settled.

Dismissal

The question of the President's dismissal for a serious crime can be brought before Parliament on the initiative of the Constitutional Court on the basis of an opinion of the Supreme Court submitted within 30 days. The President can be removed from office by a resolution of Parliament passed by a majority of 95 MPs. This decision is signed by the Chairman of the Constitutional Court. In the event that the Constitutional Court does not proceed to sign this decision within one week, the decision will not come into force. The decision to dismiss the President must be passed in Parliament within two months of the day on which the Constitutional Court lodged an application. If the resolution is not passed within this period, the charge against the President will be deemed rejected.

Immunity and security

Article 106 of the Azerbaijani Constitution states that the President has the right of immunity .

The president and his family are secured at the expense of the state. The president and his family are protected by special security guards.

Presidential Palace of Azerbaijan

Official seat

The official seat is the Presidential Palace in Baku . The building is located in the city center on Istiqlaliyyat Street. The building then became the seat of the Central Committee of the Communist Party of the Azerbaijani SSR. The administration building has been used by the Presidential Office of the Republic of Azerbaijan since 1991. In 2005 the building was renamed the Presidential Palace.

List of Presidents of the Republic of Azerbaijan

# image Surname Taking office Resignation Political party
1. Ayaz Mutalibov 1992.jpg Ayaz Mütəllibov October 18, 1991 17th May 1992 Azerbaijan Social Democratic Party
2. Əbülfəz Elçibəy.jpg Əbülfəz Elçibəy June 7, 1992 June 25, 1993 Popular Front of Azerbaijan
3. Heydar Aliyev 1997.jpg Heydər Əliyev 3rd October 1993 October 31, 2003 New Azerbaijan
4th Ilham Aliyev par Claude Truong-Ngoc juin 2014.jpg İlham Əliyev October 31, 2003 officiating New Azerbaijan

Web links

Individual evidence

  1. ↑ Constitution of the Republic of Azerbaijan, Article 8. № 00, Baku November 12, 1995.
  2. ↑ Constitution of the Republic of Azerbaijan, Article 100.
  3. ↑ Constitution of the Republic of Azerbaijan, Article 102.
  4. ↑ Constitution of the Republic of Azerbaijan, Article 103.
  5. ^ Constitution of the Republic of Azerbaijan, Article 103 1 .
  6. ↑ Constitution of the Republic of Azerbaijan, Article 109.
  7. ↑ Constitution of the Republic of Azerbaijan, Article 114, paragraph 4.
  8. ↑ Official web-site of President of Azerbaijan Republic - ADMINISTRATION. Retrieved March 13, 2018 .
  9. ^ Constitution of the Republic of Azerbaijan, Article 96.
  10. ↑ a b Constitution of the Republic of Azerbaijan, Article 110.
  11. ^ Constitution of the Republic of Azerbaijan, Article 111.
  12. ↑ Constitution of the Republic of Azerbaijan, Article 112.
  13. ↑ a b c Constitution of the Republic of Azerbaijan, Article 104.
  14. ↑ Constitution of the Republic of Azerbaijan, Article 105 paragraph 1, 2.
  15. ^ Constitution of the Republic of Azerbaijan, Article 107.
  16. ^ Constitution of the Republic of Azerbaijan, Article 108.
  17. ^ Presidential Palace. In: Official website of the President of Azerbaijan. Retrieved March 12, 2018 .