Maintenance of the National Security
The government of the Republic of Azerbaijan is organized at the base of principles of separation of power. According to the traditional concept of the separation of power, the Constitution determines that the President of the Republic of Azerbaijan holds the executive power, the legislative power is carried out by the Parliament of the Republic of Azerbaijan - Milli Majlis of the Republic of Azerbaijan and the judicial power is held by the independent courts.
The legislative power of the Republic of Azerbaijan is held by the Milli Majlis of the Republic of Azerbaijan.
The Milli Majlis of the Republic of Azerbaijan has 125 deputies.
The deputies of Milli Majlis of the Republic of Azerbaijan are elected on basis of a majority system, and general, equal and direct elections by free, private and secret ballots.
Each convocation of the Milli Majlis of the Republic of Azerbaijan is elected on the first Sunday of November every five years.
The terms of parliamentary deputies of the Milli Majlis of the Republic of Azerbaijan are limited by the terms of the convocation of the Milli Majlis of the Republic of Azerbaijan.
Every citizen of the Azerbaijan Republic who has reached the age of 18 can be elected a Deputy - member of the Milli Majlis of the Azerbaijan Republic in the order determined by the Law. Persons who have dual citizenship, are in State service in other countries, work in Executive or Judicial bodies, Persons engaged in a different paid activity with the exception of scientific, creative and teaching work, ministers of religion, Persons whose inactivity has been confirmed by court, Persons who serve their sentence in places of confinement by the court's verdict cannot be elected Deputies.
The head of Azerbaijan State is the President of the Republic of Azerbaijan.
The President of the Republic of Azerbaijan holds the executive power of the Republic of Azerbaijan.
The President of the Republic of Azerbaijan is elected for term of 5 years by general, equal and direct elections by free, private and secret ballots. Free, individual and secret ballot shall elect the President of the Azerbaijan Republic for the term of 5 years via universal, direct and equal elections. The President of the Azerbaijan Republic shall be elected by the majority of two thirds of votes participating in the voting.
The President of the Republic of Azerbaijan is a Supreme Commander-in-Chief of the armed forces of the Republic of Azerbaijan.
The President forms the President Administration and appoints the head of the President Administration for the purposes of establishment of the necessary conditions for the implementation of the Constitutional authorities.
The President of the Republic of Azerbaijan administers the executive power.
The Administrative Department of the President is involved into logistical and financial support of the President and the President Administration.
The President of the Republic of Azerbaijan forms the Cabinet of ministers for the purpose of organization the realization of the executive authorities. A cabinet of ministers is a superior body of the Executive power of the President, it submits to the President and accountable before him.
Every Person no younger than 35 years old, permanently residing in the territory of the Azerbaijan Republic for more than 10 years, having election right, a University Degree, who has never been tried for a major crime, who has no commitments towards other States, exclusively a citizen of the Azerbaijan Republic shall have the right to be elected President of the Azerbaijan Republic.
There are Ministry of Agriculture, Ministry of Finance, Ministry of Labor and Social Insurance, Ministry of Ecology and National Resources, Ministry of Youth and Sports, Ministry of Economy, Ministry the Culture and Tourism, the State Security Service of the Republic of Azerbaijan, Ministry of Transport, Ministry of Communication and Informational Technology, Ministry of Industry and Energy, Ministry of Education, Ministry of Taxes, Ministry of Foreign Affairs, Ministry of Internal Affairs, Ministry of Health, Ministry of Justice, Ministry of National Defense of Azerbaijan Republic, Ministry of Defense Industry.
There is State Customs Committee of Azerbaijan Republic, State Committee on affairs of Religious organizations, National Bank of Azerbaijan Republic, State Oil Fund, and State Committee on affairs of Refugees and IDPs, State Statistics Committee, State Committee on affairs with Azerbaijanis living abroad in the Republic of Azerbaijan.
Juridical power of the Republic of Azerbaijan realize Constitutional Court of the Republic, Highest court of Azerbaijan Republic, Court of Appeal of the Republic of Azerbaijan, Economic Court of Azerbaijan Republic.
Under the 7th clause of the Constitution Legislative, Executive and Juridical powers interact and are independent within the limits of their authorities.
Security Council
The Security Council is the deliberative body under the President and he organizes it according to the Article 109 (section 27) of the Constitution of the Republic of Azerbaijan. The Security Council provides the conditions for the realization of the constitutional authorities of the President on the protection of people rights and freedoms, independence and territorial integrity of the Republic of Azerbaijan.
The Security Council was established on 10 April, 1997 according to the decree of the President. According to the Decree the following officials have been appointed to the Council:
- The Chairman of the Milli Majlis
- The Prime-minister
- The Head of the Office of the President
- The State Adviser on the foreign policy
- The State Adviser on the military issues
- The Prosecutor General
- The Defense Minister
- The National Security Service Chief
- The Internal Affairs Minister
The President presides at the sessions of the Security Council. The Head of the Office of the President acts as the Secretary of the Security Council. The Head of the Office provides the activity of the Security Council, manages the preparation of sessions. The President determines the agenda and order of the discussion of issues at the session of Security Council according to the submission of the Head of the Office.
After the Republic of Azerbaijan restored its independence in October 18 1991, the Ministry of National Security of the Republic of Azerbaijan was established on the material-technical and personnel basis of the State Security Committee on November 1, 1991. Representatives of other republics of the USSR had left the Ministry and Azerbaijan, the process of staffing Ministry by the local specialists was begun. Not only the name and the personnel of the security body had changed, but primary change the Ministry faced was its mission and duties.
While the potential and leverages of the State Security Committee were focused on ensuring interests of the Soviet state, the tasks of the Ministry of National Security consist of preventing intelligence and destructive-subversive activity of foreign special services and organizations, criminal groups and individuals targeting the sovereignty of the Republic of Azerbaijan, its constitutional order, economic, defense, scientific and technical potential, and other national interests. After the election of Heydar Aliyev the head of state, the reforms were initiated at the Ministry of National Security. These reforms aimed at development of the Ministry of National Security as modern special service capable to contribute to ensuring national security of the independent Republic of Azerbaijan. Thereafter significant achievements were made for revealing and neutralizing intelligence and destructive-subversive activities of foreign special services in the country. The ministry also fulfils important tasks such as protection of state secret, struggle against corruption, terrorism, circulation of narcotic psychotropic and radioactive substances, illegal trafficking of fire-arms and other military equipments, as well as against more dangerous kinds of transnational organized crime. In this respect, cooperating on bilateral and multilateral basis with tens of foreign special services, Ministry of National Security exchanges information on international terrorism, transnational organized crime and other spheres. The Ministry of National Security plays particular role in Azerbaijan’s involvement in the international antiterror coalition. Detention and extradition to foreign countries of the internationally searched terrorists, prohibition of activity of organizations functioning under the humanitarian cover, but assisting to the terrorist structures, the freeze of different bank accounts related to the terrorists and other prominent results were achieved due to the professionalism and active work of the employees of the Ministry of National Security.
The Constitution of the Republic of Azerbaijan, Law of the Republic of Azerbaijan on National Security, Law of the Republic of Azerbaijan on Intelligence and Counter-Intelligence, Statute of the Ministry of National Security and other legal acts of the Republic of Azerbaijan, as well as legal acts of the executive bodies, and international agreements to which Azerbaijan is a party form the legal basis of activity of the Ministry of National Security. This activity is carried out in accordance with the principles of humanism, responsibility before the state and society, neutrality, as well as with supervision of the human rights and freedoms.
After the Republic of Azerbaijan restored its independence in October 18 1991, the Ministry of National Security of the Republic of Azerbaijan was established on the material-technical and personnel basis of the State Security Committee on November 1, 1991. Representatives of other republics of the USSR had left the Ministry and Azerbaijan, the process of staffing Ministry by the local specialists was begun. Not only the name and the personnel of the security body had changed, but primary change the Ministry faced was its mission and duties.
While the potential and leverages of the State Security Committee were focused on ensuring interests of the Soviet state, the tasks of the Ministry of National Security consist of preventing intelligence and destructive-subversive activity of foreign special services and organizations, criminal groups and individuals targeting the sovereignty of the Republic of Azerbaijan, its constitutional order, economic, defense, scientific and technical potential, and other national interests. After the election of Heydar Aliyev the head of state, the reforms were initiated at the Ministry of National Security. These reforms aimed at development of the Ministry of National Security as modern special service capable to contribute to ensuring national security of the independent Republic of Azerbaijan. Thereafter significant achievements were made for revealing and neutralizing intelligence and destructive-subversive activities of foreign special services in the country. The ministry also fulfils important tasks such as protection of state secret, struggle against corruption, terrorism, circulation of narcotic psychotropic and radioactive substances, illegal trafficking of fire-arms and other military equipments, as well as against more dangerous kinds of transnational organized crime. In this respect, cooperating on bilateral and multilateral basis with tens of foreign special services, Ministry of National Security exchanges information on international terrorism, transnational organized crime and other spheres. The Ministry of National Security plays particular role in Azerbaijan’s involvement in the international antiterror coalition. Detention and extradition to foreign countries of the internationally searched terrorists, prohibition of activity of organizations functioning under the humanitarian cover, but assisting to the terrorist structures, the freeze of different bank accounts related to the terrorists and other prominent results were achieved due to the professionalism and active work of the employees of the Ministry of National Security.
The Constitution of the Republic of Azerbaijan, Law of the Republic of Azerbaijan on National Security, Law of the Republic of Azerbaijan on Intelligence and Counter-Intelligence, Statute of the State Security Service and other legal acts of the Republic of Azerbaijan, as well as legal acts of the executive bodies, and international agreements to which Azerbaijan is a party form the legal basis of activity of the State Security Service. This activity is carried out in accordance with the principles of humanism, responsibility before the state and society, neutrality, as well as with supervision of the human rights and freedoms.
Promotion of human rights and fundamental freedom
Azerbaijan regards the protection and promotion of human rights as an issue of priority for its internal and foreign policy agenda. Azerbaijan considers the protection and the promotion of human rights and fundamental freedoms as main cornerstone for the continuous peace and security in the world. As a founding member of the UN Human Rights Council, Azerbaijan has staunchly supported it, through an active participation in the work of the Council. The Government of Azerbaijan has been closely cooperating with the Special Procedures mandate holders and Human Rights Council Universal Periodic Review mechanism.
All human rights and fundamental freedoms set forth in the international documents are enshrined in the Constitution of Azerbaijan. Since regaining its independence in 1991, Azerbaijan became a party to all major universal and regional human rights treaties, including seven core United Nations instruments. Azerbaijan consistently fulfils its obligation to report both to the Human Rights Council within the Universal Periodic Review and to the relevant human rights treaty monitoring bodies. Moreover, Azerbaijan recognized the competence of all human rights treaty-monitoring bodies to receive and consider communications from individuals or groups of individuals subject to its jurisdiction who claim to be victims of a violation of any of the rights set forth in the relevant human rights instruments.
The Government of Azerbaijan closely cooperates also with the Special Procedures of the Human Rights Council and has extended invitations to various mandate holders to visit the country.