Legislation

Legislative procedure 

According to the Constitution of the Republic of Azerbaijan, the legislative system comprises of the following legal acts:

  1. Constitution
  2. Acts adopted by referendum
  3. Laws
  4. Decrees
  5. Resolutions of the Cabinet of Ministers
  6. Normative acts of executive authorities.

 

Application and execution of legal acts are obligatory for all citizens, legislative, executive and judicial powers, legal entities and municipalities. Acts adopted by municipality are binding for citizens and legal entities located within that territory. The acts that improve the legal situation of individuals and legal entities and eliminate or mitigate their liability have retroactive effect. Other acts have no retroactive effect. lf a conflict arises between a provision of Azerbaijani legislation (with the exception of the Constitution and acts adopted by referendum) and interstate treaties to which the Republic of Azerbaijan is a party, international treaties shall prevail and apply.

 

Procedure for amendment of the Constitution 

Amendments in the text of the Constitution may be only made by referendum. For that purpose, the Constitutional Court is requested in advance to deliver its opinion on amendments to the text of the Constitution proposed by Milli Majlis (Parliament) or the President of the Republic of Azerbaijan.

 

Amendments to the Constitution are to be proposed by either the President of the Republic of Azerbaijan or at least 63 deputies of Milli Majlis. Additions to the Constitution are adopted in the form of constitutional laws in Milli Majlis by majority of 95 votes. 

 

Constitutional laws on additions to the Constitution are put to the vote twice in Milli Majlis. The second vote is held 6 months after the first one. Then, these laws are submitted to the President of the Republic of Azerbaijan for signing following the first and second votes, in accordance with the procedure prescribed in the Constitution. These constitutional laws enter into force upon signing by the President of the Republic of Azerbaijan after the second vote. Constitutional laws are an integral part of the Constitution and must not contradict to it.

 

Right to legislative initiative

Right to legislative initiative (the right to submit draft laws and other questions for the consideration of Milli Majlis) belongs to deputies of the parliament, the President, the Supreme Court, forty thousand citizens to the right to elections, the Prosecutor’s Office and Milli Majlis of the Nakhichevan Autonomous Republic.

 

Draft laws or resolutions submitted to Milli Majlis are put to vote within 2 month in the form in which they have been presented. Amendments to such draft laws or resolutions may be made with the consent of the subject exercising the right to legislative initiative. If the adoption of a draft law or resolution is declared a matter of urgency, then the above term shall be 20 days.

 

The manner in which 40 thousand citizens of the Republic of Azerbaijan entitled to the right to elections exercise their right legislative initiative are prescribed by law.

 

Draft laws and resolutions must be substantiated and the purpose of their adoption must be indicated.

 

Submission for signature

Draft laws are submitted to the President of the Republic of Azerbaijan for signature within 14 days from the day of their adoption. If the adoption is declared as a matter of urgency, the draft law is submitted to the President for signature within 24 hours from the moment of its adoption.

 

Signing of laws 

The President of the Republic of Azerbaijan sign laws within 56 days of their presentation. If the President has objections to a law, he may within the said term return it to Milli Majlis without his signature, together with his objections. Constitutional laws shall not enter into force until signed by the President. If Milli Majlis adopts for a second time a law by a majority of 95 votes, which was previously adopted by a majority of 83 votes, and a law by a majority of 83 votes, which was previously adopted by a majority of 63 votes, then the said law shall enter into force after the second vote. 

 

Entry into force

The law or resolution enters into force on the day of their publication if not otherwise specified in the law or resolution of Milli Majlis of the Republic of Azerbaijan. Find more information on: www.e-qanun.az/framework/897

 

Forms of legal acts

Legal acts of Milli Majlis of the Republic of Azerbaijan (Parliament) are adopted in the form of a law. Legal acts issued by the President of the Republic of Azerbaijan are adopted in the form of decrees. The Cabinet of Ministers of the Republic of Azerbaijan adopts legal acts in the form of resolutions on the basis and for implementation of the Constitution and decrees of the President. Legal acts of executive authorities are adopted in the form of decisions. 

 

Revision and adoption of legal acts

The lawmaking authority revises the draft legal act in a manner prescribed by the legislation. After revision of a draft legal act, the lawmaking authority may undertake one of the following:

  • Approve and adopt the draft legal act
  • Reject to approve the draft legal act, stating the reasoning
  • Suspend approval of the draft legal act for a certain period
  • Return the draft for revision, stating the reasoning

 

International treaties and laws on adoption or rejection of intergovernmental agreements are reviewed in Milli Majlis in one reading, other draft laws - in three readings. The lawmaking authority has a right, if necessary, to call back the submitted draft before its adoption. The subject of legislative initiative right has a right to call back the submitted draft before its revision in the final reading in Milli Majlis. After revision the draft laws are adopted by the lawmaking authority in a manner prescribed by the legislation. The subject of legislative initiative or its authorized representative has a right to participate in the process of discussion in Milli Majlis. 

 

Signing authority 

The procedure for laws is indicated above. Signing of other legal acts is carried out in the following manner:

  • Decrees – by the President of the Republic of Azerbaijan
  • Resolutions of the Cabinet of Ministers – by the Prime Minister of the Republic of Azerbaijan
  • Other legal acts – by the chairperson of the authority adopting the legal act

 

Find more information on: www.e-qanun.az/framework/21300

 

Adopted laws

The following trade-related legal acts have been adopted in the recent past in Azerbaijan:

 

Subject

Legislation / Regulation

Date of adoption

Import-Export Regulations

Amendments to Decree of the President No. 609 "On Further Liberalization of Foreign Trade in the Republic of Azerbaijan" of 24 June 1997

14 May 2010

Licensing Systems, including Import Licensing

Law "On Licenses and Permits"

15 March 2016

Decree of the President No. 713 "On Certain Measures at the Sphere of Licensing"

21 December 2015

Rules of Origin and GATT customs related provisions

Customs Code

24 June 2011

Customs Valuation

Law "On Customs Tariff"

13 June 2013

Anti-dumping, Countervailing Duties, Safeguard Regimes

Law "On Anti-Dumping, Safeguards and Countervailing Measures"

31 May 2016

Technical Barriers to Trade, Standards and Certification

Order No. 11 of Head of State Committee for Standardization, Metrology, and Patents on Establishment of TBT Enquiry Point dated 28 July 2010

28 July 2010

Law "On Accreditation in the sphere of Conformity Assessment"

30 May 2014

Sanitary and Phytosanitary Measures

Order of the Cabinet of Ministers "On Application of Set of Codex Alimentarius Standards", dated 23 July 2010 establishing National Codex Contact Point

23 July 2010

Free Zones and Special Economic Areas

Decree No. 548 "On Establishment of Sumgayit Chemical Industrial Park"

21 December 2011

Executive Order No. 1947 "On Establishment of Balakhani Industrial Park in Baku City"

28 December 2011

Government Procurement

Law "On Public Procurements"

27 December 2001

Agricultural Policies

Amendments to Law "On Viticulture and Wine-Making" of 19 October 2001

28 October 2008

Amendments to Law "On Tobacco and Tobacco Products" of 8 June 2001

30 September 2009

Copyright and Related Rights

Amendments to Law "On Copyright and Related Rights" of 5 July 1996

1 April 2008

Trademarks and Geographical Indications

Amendments to Law "On Trademarks and Geographical Indications" of 12 June 1998

3 April 2009

Patents

Amendments to Law "On Patents" of 25 July 1997

20 October 2009

Intellectual Property Rights

Law "On Provision of Intellectual Property Rights and Fight against Piracy"

22 May 2012

 

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Draft laws under discussion

As of August 2018, the following trade-related draft laws are under discussion in Azerbaijan:

 

Subject

Legislation / Regulation

Competition Policy

Draft Competition Code

Framework requirements

Draft Law "On State Regulation of Foreign Trade Activity"

Technical Barriers to Trade, Standards and Certification

Draft Law "On Technical Regulation"

Draft Law "On Standardization"

Copyright and Related Rights

Draft Law "On Protection of Rights of Broadcasting Organizations in Digital Network"

Telecommunications

Draft Law "On Amendments to the Law of the Republic of Azerbaijan on Telecommunications", dated 25 April 2014

Sanitary and Phytosanitary Measures

Draft Amendments to Law No. 759-IQ "On Food Products" of 18 November 1999. According to the Presidential Decree No.1235 dated 10 February 2017 the Law will be replaced by new draft Law "On Food safety"

Draft Amendments to Law No. 922-IIQ "On Veterinary" of 31 May 2005

Draft Amendments to the Law No. 102-IIIQ "On Phytosanitary Control", dated 12 May 2006

Draft Amendments to the Law "On Sanitary and Epidemiologic Welfare", No. 371 of 10 November 1992

Draft Amendments to Resolution No. 140 "On Approval of Additional Rules and Regulations for the Purpose of Strengthening the protection of the State Border of the Republic of Azerbaijan", dated 9 March 1993