What Is Proposed to Amend Constitution?

The draft Referendum Act on amendments to Azerbaijani Constitution consists of 29 items, involving changes in the articles relating to both human rights and the functioning of institutions. The project expands the powers of the President, allowing him to appoint the First Vice-President and Vice-Presidents and dissolve the parliament.

The project was sent to the Constitutional Court for an opinion on July 18.

A number of amendments are technical in nature. Other amendments relate to human rights and detail and so constitutionally guaranteed rights and freedoms.

So, part 1 of Article 24 provides as follows: "Human dignity is protected and it is respected." At the same time, part 3 of the same article adds: "It is not allowed to abuse rights."

Article 25 has been introduced a new part VI: "People with disabilities, except for the rights and freedoms, implementation of which is difficult due to their disabilities, have all the rights and bear the obligations provided for by this Constitution."

Article 29 has received new parts V and VI - "Private property implies social obligations" and "Private property rights to land can be limited for social justice and the efficient use of land." Observers fear that this provision could in practice create legal conditions for the expropriation of land from citizens.

Article 32 has been introduced three new standards.

According to one of them, except for the cases stipulated by law, it is not allowed to intervene in the information resources in the electronic media and paper in order to obtain information about third parties.

Information technologies will not be used for the disclosure of information about private life, including those related to beliefs, religion and ethnicity, with the exception of the personal consent of the person to whom the information relates, as well as statistical processing of the anonymous nature of these and other cases prescribed by law.

The terms of the personal data, the conditions of their processing, gathering, transmission, use and protection are determined by law.

After the amendment Article 46 of the freedom of assembly has received the terms of "not disturb the public order and public morals."

Article 53 has been removed the rule that a citizen of the Republic of Azerbaijan, under no circumstances may be deprived of citizenship of the Republic of Azerbaijan. A new wording is proposed to specify that a citizen cannot be deprived of citizenship except in cases of loss of nationality by law.

Amendment to Article 60 provides for the consideration of citizens' appeals to the courts within a reasonable time.

Age qualification for the election of deputies of the Parliament set at the age of 25 has been canceled. Now all people having the right to vote, i.e. at least 18 years old, will be able to run.

MP, according to the amendments, can now be deprived of his mandate in violation of the ethical norms established by the law.

Note that on 18 July President Ilham Aliyev signed a decree to send to the Constitutional Court the draft referendum on amendments to Azerbaijani Constitution with a view to make a conclusion. The amendments are clearly aimed at expanding the already broad powers of the president.

Thus, the document provides for the establishment of the institute's first vice president and vice-presidents of the Republic of Azerbaijan. They are appointed and dismissed by the President.

From now on, if the president is unable to perform the duties of head of state, that his powers are transferred to the first vice-president. In the current edition of the Constitution the President’s powers are transferred to the prime minister. The difference is that while the prime minister is approved by parliament, the president himself will appoint the first vice-president without any coordination. In addition, it is proposed to extend the powers of the President from 5 to 7 years. The President is granted the authority to declare a special election of the President.

 It is also proposed to eliminate the minimum age limit for a presidential candidate who is now set to 35 years of age. Anew amendment has been proposed to the Constitution providing for  the possibility of the dissolution of parliament. Now it is not envisaged by the Constitution. According to the project, the dissolution of Parliament is possible in the following cases: If the Milli Majlis for one year twice  makes a vote of no confidence to the Cabinet or twice does not approve after the submission by the President  the members of the Constitutional Court, Supreme Court, the Board of the Central Bank by a number of members  necessary for the activities of these bodies, etc. Parliament can be dissolved by the president. If the Constitutional Court gives a positive opinion, the document will be submitted to referendum.

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