LEGISLATIVE BASIS

CONSTITUTION OF THE REPUBLIC OF AZERBAIJAN

Article 9. Military forces

I. In order to provide its safety and defend itself the Republic of Azerbaijan establishes Military forces and other military troops

II. The Republic of Azerbaijan rejects a war as a means of infringement on independence of other states and way of settlement of international conflicts.

III. The President of the Republic of Azerbaijan is the Supreme Commander-in-Chief of Military Forces of the Republic of Azerbaijan.

Article 76. Defence of motherland

I. Defence of motherland is duty of any citizen. Citizens of the Republic serve in the army according to legislation.

II. If beliefs of citizens come into conflict with service in the army then in some cases envisaged by legislation alternative service instead of regular army service is permitted.

Extracts from the military legislation of the Republic of Azerbaijan:

LAW 210 OF OCTOBER 9, 1991 OF THE REPUBLIC OF AZERBAIJAN ‘ON ARMED FORCES OF THE REPUBLIC OF AZERBAIJAN’

As independent state and subject of international law the Republic of Azerbaijan has its armed forces according to the Constitution of the Republic of Azerbaijan and the Constitutional Act ‘On state independence of the Republic of Azerbaijan’.

Article 1. Armed Forces of the Republic of Azerbaijan serve armed defence of sovereignty, territorial integrity, inviolability and interest of the Republic of Azerbaijan, prevention of armed attack on state, defeating aggression.

Article 4. Armed Forces of the Republic of Azerbaijan consist of land forces, air defence and air force, navy.

From organizational standpoint Armed Forces of the Republic of Azerbaijan consist of unions, units, military units, military organizations and military education institutions.

LAW 13 OF DECEMBER 9, 1991 OF THE REPUBLIC OF AZERBAIJAN ‘ON STATE FRONTIER OF THE REPUBLIC OF AZERBAIJAN’

Article 1. State frontier of the Republic of Azerbaijan

State frontier of the Republic of Azerbaijan is the line determining borders of the state territory of the Republic of Azerbaijan (land and water territory, interior of the earth, sea and air phase) and vertical surface passing along this line. State frontier of the Republic of Azerbaijan is territorial limit of state sovereignty of the Republic of Azerbaijan.

LAW 166 OF JUNE 10, 1992 OF THE REPUBLIC OF AZERBAIJAN ‘ON FUNDAMENTALS OF CONSCRIPTION IN THE REPUBLIC OF AZERBAIJAN’

Article 1. Goal and duties of legislation on fundamentals of conscription

Goal of setting the military duty in the Republic of Azerbaijan is to complete duties commissioned to the Armed Forces of the Republic of Azerbaijan for their fulfillment in accordance with the Constitution of the Republic of Azerbaijan, the Constitutional Act ‘On state independence of the Republic of Azerbaijan’ and Law ‘On the Armed Forces of the Republic of Azerbaijan’.

Duties of legislation on fundamentals of conscription in the Republic of Azerbaijan is to identify bases of military duty, rules of training of youth for military service, terms and rules of conscription and recruitment, military registration rules of those under military duty and conscripts, bases of conscription by mobilization and release of mobilization by demobilization and also train personnel for the Armed Forces of the Republic of Azerbaijan and maintain permanent battle and mobilization training of the Armed Forces.

Article 2. Military duty in the Republic of Azerbaijan

In accordance with the Constitution of the Republic of Azerbaijan and the Constitutional Act ‘On state independence of the Republic of Azerbaijan’, defence of the Republic of Azerbaijan and military service is the holy duty to the citizen of the Republic of Azerbaijan.

Military service is imperative in limits and types set by this legislation.

Except persons sent to serve alternative service (labor obligation), every male citizen of the Republic of Azerbaijan aged 18 and able-bodied must serve on active military service in the Armed Forces of the Republic of Azerbaijan during 18 months or undertake assembly training from 1 month up to 3 months. In the cases defined by law, the citizens of the Republic of Azerbaijan who cannot accept active military service because of their beliefs or other reasons must serve 24-month alternative service (labor obligation).

Female citizens of the Republic of Azerbaijan aged 19-40 and specialized in medicine or other professions can be registered upon their consent and serve in base of contract in secondary or other units of the Armed Forces of the Republic of Azerbaijan.

LAW 781 OF FEBRUARY 8, 1994 OF THE REPUBLIC OF AZERBAIJAN ‘ON STATUS OF INTERNAL TROOPS’

Article 1. Internal troops of the Republic of Azerbaijan

Internal troops of the Republic of Azerbaijan (hereinafter internal troops) protect interest of personality, society and state, constitutional rights and freedoms of citizens from criminal and other illegal attempts by fulfilling duties charged on them.

Article 2. Legislation on action of internal troops

Legislation on action of internal troops is comprised of the Constitution of the Republic of Azerbaijan, this law, other legislative acts of the Republic of Azerbaijan, legal documents of the President of the Republic of Azerbaijan, the Cabinet of the Republic of Azerbaijan, also Home Affairs Ministry of the Republic of Azerbaijan and other respective state bodies.

Article 3. Main principles of action of internal troops

Lawfulness, respect to human rights and freedoms, humanism, undivided authority, centralized management, general military duties and completion of troops upon contract and voluntaryism, non-connection of service of servicemen with territory are the main principles of action of internal troops.

Internal troops protect every citizen from criminal attempts irrespective of its citizenship, residence, social origin, position of property and office, racial and national relation, gender, age, education, language, attitude on religion, belief, relation to public unions.

Restriction of rights and freedoms of citizens in any form is permitted according to the law only.
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