08 September 2010 Governmental System 19:24
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The Constitution

The new Constitution of the Nakhchivan Autonomous Republic was drafted on the basis of the first Constitution of independent Azerbaijan adopted by referendum on November 12, 1995. The Constitution was adopted by the Supreme Assembly of the Autonomous Republic on 28 April 1998 and came into force on 8 January 1999 after the approval by the National Assembly of the Republic of Azerbaijan on December 29, 1998.

The Constitution is comprised of the preamble, 6 chapters (50 articles) and 4 temporary clauses. According to the Article 1 of the Constitution, Nakhchivan Autonomous State is democratic, legal and secular autonomous republic within the Republic of Azerbaijan and the autonomy status of this state is determined under the auspices of the Constitution of the Republic of Azerbaijan and Moscow and Kars treaties of 1921.

The Nakhchivan Autonomous Republic is independent in resolution of the issues attached to its prerogative by the Constitution of the Republic of Azerbaijan. The State power is due to the distribution of authority; legislative authority is carried out by the parliament of the Nakhchivan Autonomous Republic - the Supreme Assembly, executive power by the Cabinet of Ministers of the Nakhchivan Autonomous Republic and the judicial authority by the courts of the Nakhchivan Autonomous Republic.

The Constitution of the Nakhchivan Autonomous Republic is legally supreme amongst all normative-legal documents.




Constitution of the Autonomous Republic of Nakhchivan

Treaty of Moscow
Treaty of Kars

Supreme Assembly

The Supreme Assembly, is the highest state goverment body carrying out legislation authority in the Nakhchivan Autonomous Republic and consists of 45 deputy being elected for 5-year period on the basis of majority of votes system, as well as right of general, equal and direct election through free, private and secret ballot. Two sessions are held during a year. However, extraordinary sessions can be held upon the call of the President and the National Assembly of the Republic of Azerbaijan, the request of 16 deputies of the Supreme Assembly of the Nakhchivan Autonomous Republic, or the initiative by the Chairman of the Supreme Assembly.

The Supreme Assembly of the Nakhchivan Autonomous Republic determines the course of its work. It organizes corresponding bodies, as well as permanent and other commissions, elects the chairman and his deputies, and under its competences determines general rules concerning following issues:

- Elections to the Supreme Assembly of the Nakhchivan Autonomous Republic;

- Status of the deputies of the Supreme Assembly of the Nakhchivan Autonomous Republic;

- Taxes in accordance with economic and tax policies of the Republic of Azerbaijan;

- Development directions of the economy of the Nakhchivan Autonomous Republic;

- Social security;

- Protection of the environment;

- Tourism;

- Health, science and culture;

- Other issues attached to its competence by the constitution and laws of the Republic of Azerbaijan.

The Supreme Assembly of the Nakhchivan Autonomous Republic passes laws regarding these issues. Organizing of the work of the Supreme Assembly, affirmation of the budget, economical and social programs of autonomous republic, appointment to the post and removal from the post of the Prime Minister, affirmation of the composition of the Cabinet of Ministers of the Nakhchivan Autonomous Republic, confidence to it and other issues are being solved by the Supreme Assembly. The Supreme Assembly adopts decisions regarding these issues.

The Supreme Assembly of the Nakhchivan Autonomous Republic has the right of legislation initiative in the National Assembly of the Republic of Azerbaijan.

Under the constitution the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic is the highest official of the autonomous republic and is elected for 5 years in the Supreme Assembly.

Cabinet of Ministers

The Prime Minister leads the Cabinet of Ministers of the Nakhchivan Autonomous Republic. The Cabinet of Ministers of the Nakhchivan AR is subordinate to the Supreme Assembly of the Nakhchivan AR and reports before it. The Supreme Assembly of the Nakhchivan AR affirms and appoints the Prime Minister with presentation of the President of the Republic of Azerbaijan and composition of the Cabinet of Ministers with offer of the Prime Minister.

Cabinet of Ministers prepares the draft budget of the autonomous republic and presents it to the Supreme Assembly, and ensures realization of the budget, economic and social programs, leads the ministries and other executive power bodies, adopts decisions to determine general rules but orders regarding other issues.

Courts

In accordance with the second part of the 43rd article of the constitution of the Nakhchivan Autonomous Republic, supreme-court of the, economic-court of the Nakhchivan AR, general and specialized courts of the Nakhchivan AR carries out the law-court authority in the autonomous republic.

According to the 9th paragraph of the 109th article of the constitution of the Republic of Azerbaijan, the judges of the law-courts of the Republic of Azerbaijan are appointed by the President of the Republic of Azerbaijan. According to the constitution, only citizens of the Republic of Azerbaijan are able to be judge if at least they are 30 years old, they have participation right in the elections, undergraduate degree of law and more than 5 year jurisprudence work experience. Judges are independent and invariable during their acting term; they are subordinate only to Constitution and laws of the Republic of Azerbaijan.

The Constitution and laws of the Republic of Azerbaijan, other legislative acts, as well as international treaties signed by the Republic of Azerbaijan are fundamental when the cases are heard in the law-courts of the Nakhchivan Autonomous Republic. The law-courts on heard cases pass resolutions, judgements and decisions on behalf of the Republic of Azerbaijan.

Administrative regions

Territory of the Nakhchivan Autonomous Republic is divided into 7 administrative districts; (Babek, Julfa, Ordubad, Sadarak, Shahbuz, Sharur, Kangarli) there are 5 cities (Nakhchivan, Ordubad, Julfa, Sharur, Shahbuz), 8 settlements, and 160 villages round of administrative territory.

City and district units of territory of the autonomous republic are governed by executive powers. Representatives of execution, on the other hand, act in the villages and settlements. Heads of the executive powers are appointed by President of the Republic of Azerbaijan upon presentation of the chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic. Furthermore, there are freely elected local management organs - municipalities in the autonomous republic.

Babek district - The area is 901.68 km2, the population are 68,833 persons (2007). A settlement and 39 villages have been included to the district. Centre of this district is the Babek settlement. Relief of the region consists in the north and in the south-east mountainous area, in the south and south-west sloping plains. Despite the recent development of cattle-breeding in the district, vine-growing, grain-growing, horticulture, vegetable-growing mostly takes important place in economy.

Julfa district - The area is 994.40 km2, the population are 39,636 persons (2007). There are a settlement and 24 villages in the district. Centre of this district is the Julfa city. The crest of the Zangazur Mountains stretches along the border of this district with Armenia. The mountain chain falling down towards the Araz river passes to Araz-side plains. The summer is dry and hot in many parts of the territory. In summer exists dry hot and in winter cold, semi-desert and dry field climate in the Araz-side territory. Although fruit-growing, grain plants, leguminous plants, fodder crops develop in the region especially during last years, Julfa is mostly vine-growing and cattle-breeding region.

Kangarli district - The district was officially established in the wake of partial changes made in the administrative territory division of the districts of Babek and Sharur in March, 2004. The area is 681.94 km2, the population are 26,543 persons (2007). A settlement and 10 villages have been included to the district. Centre of this district is the Givrag settlement. Kangarli district is mainly the agricultural region.

Ordubad district - The area is 972.05 km2, the population are 43,617 thousand persons (2007). One city, 3 settlements and 43 villages have been included to the district. Centre of this district is the Ordubad city. Ordubad mostly is the mountainous district. Only the Araz-side plains lie along the Araz river. It has cold climate with dry summer. Ordubad with agricultural development is mostly fruit-growing and cattle-breeding region.

Sadarak district - The area is 151.34 km2, the population are 13,551 thousand persons (2007). A settlement and 3 villages have been included to the district. Centre of this district is the Heydarabad settlement. The district is mountainous in the north and east, and there are sloping plains along Araz-side region. Vine-growing, grain-growing and cattle-breeding makes base of the economy of the Sadarak district.

Shahbuz district - The area is 814.97 km2, the population are 22,034 persons (2007). Two settlement and 23 villages have been included to the district. The centre is Shahbuz city. Shahbuz is mostly mountainous district. Cattle-breeding has considerably developed in the region.

Sharur district - The area is 811.14 km2, the population are 99,008 persons (2007). One city and 65 villages have been included to the district. Centre of this district is the Sharur city. The district is mountainous in the north and east, and there are sloping plains along Araz-side region. Sharur district is the biggest region of autonomous republic in fruit-growing, tobacco-cultivation, vine-growing, cattle-breeding, grain-growing and vegetable-growing.

Nakhchivan city - The area is 35.48 km2, the population are 71,236 persons (2007). It is located on place as ancient, antique and the middle age city on the Nakhchivan plain in the shore of the Nakhchivanchay (river). The climate is continental. City of Nakhchivan, one of the most ancient cities of Azerbaijan and the world, is the capital of the autonomous republic. It is the centre of science and culture as well as big industry.

Elections

In Azerbaijan, including the Nakhchivan Autonomous Republic majoritar election system based on the majority principle is being applied. Each citizen has right to elect and to be elected irrespective of race, nationality, language, religion, gender, origin, property, service position, faith, and belonging to political parties, trade unions and another public unities. Citizens take part in the elections through free, private and secret voting on the basis of right of universal, equal and direct election. Also participation of the citizens is free and volunteer in the elections. Preparing and holding of the elections, counting votes, determining results of voting and elections are openly and clearly carried out.

Rich experiment has been gathered and successful measures have been taken for democracy and transparency during short time in Azerbaijan in the direction of organizing and holding of the elections which is an important indicator of the level of civilized development. Against the background of these processes in Azerbaijan considerable works have been done for improving election practice in the autonomous republic. Central Election Commission of the Nakhchivan Autonomous Republic was supplied with new and modern building. Proper conditions are laid down in city, district, settlement and villages of the autonomous republic so as to organize elections-related preparation works in accordance with legal-democratic principles.

The law of Nakhchivan Autonomous Republic "on elections to the Supreme Assembly of the Nakhchivan Autonomous Republic" was passed in the VII session of the Supreme Assembly on July 09, 2005. In this law consisting of 13 chapters and 105 articles, principles of general, equal, free, secret, direct election have been defined and corresponding legal base has been created to this end. New composition of the Central Election Commission of the Nakhchivan Autonomous Republic consisting of seven neutral persons for 5 years has been affirmed in the same session of the Supreme Assembly.

In general, elections held so far in the autonomous republic as in the every place of Azerbaijan - presidential elections in 1993, 1998, 2003 and 2008, elections held to the National Assembly (Milli Majlis) of the Republic of Azerbaijan and the Supreme Assembly of the Nakhchivan Autonomous Republic in 1995, 2000 and 2005, as well as elections held to the municipalities in 1999, 2004 and 2009  have been recorded to the history as triumph of the democracy in this ancient Azerbaijan land.

Especially elections held to the Milli Majlis and the Supreme Assembly of the Nakhchivan Autonomous Republic on November 6, 2005 have led some innovations. During these elections for the first time "exit-poll" held by a few international organizations, fingers of the electors were marked with ink in voting day and observation right to elections have been granted to all NGOs (Non-Governmental Organizations) regardless their financing source.

In almost all of the 275 election points organized in 7 election districts in the Nakhchivan Autonomous Republic to the Milli Majlis, "exit poll" has been held by 3 companies (USAID, Mitofsky International, and "SAAR" companies of Estonia). The results presented by "exit-poll" groups per every two hours were in pair with the official results of the Central Election Commission in election day. 32 candidates on 7 election districts contended to be a deputy of the Milli Majlis of the Republic of Azerbaijan from the autonomous republic. And elected 5 persons of elected 7 deputies are members of the New Azerbaijan Party and other 2 persons are neutral.

45 election districts and 298 polling points were organized in the elections held to the Supreme Assembly of the Nakhchivan Autonomous Republic taking into account average representation standard of the population. The representatives of New Azerbaijan Party (YAP) have won in the vast majority of the districts according to the results of the elections among 145 candidates. Consequently, 39 persons (86.7%) from YAP and 2 persons (4.4%) from AXCP of total 45 deputy places are in the Supreme Assembly of Nakhchivan Autonomous Republic. And 4 persons (8.9%) of the elected deputies are neutral.

Process of the voting to the Supreme Assembly and counting of the votes were observed by 435 authorized persons, 725 observers, 325 observers appointed by political parties, 57-person observer group of the OSCE and Council of Europe, also 9 persons from the CIS and 12 observers from the Great National Assembly of Turkey.

Well-known politician Vasif Yusif oghlu Talibov has been re-elected unanimously as the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic in the 3rd term session of the Supreme Assembly of Nakhchivan Autonomous Republic on November 28, 2005.