THE LAW OF AZERBAIJAN REPUBLIC

ON LEGAL STATUS
OF FOREIGNERS AND PERSONS WITHOUT CITIZENSHIP

Chapter I
GENERAL PROVISIONS

Article 1. The Law Purpose
The present Law regulates public relations, arising in connection with legal status of foreigners and persons without citizenship.

Article 2. Principle Concepts
Foreigners - persons, being not the Azerbaijan Republic citizens and belonging to other countries citizenship.
Persons without citizenship - persons, being not the Azerbaijan Republic citizens and being not citizens of other countries.
Foreigners and Persons without citizenship are considered permanently residing in the Azerbaijan Republic in case of receipt, in accordance with the established order of permission for permanent presence in the Azerbaijan Republic or in case of providing them with the right of residence in the Azerbaijan Republic. Foreigners, persons without citizenship, arriving in the Azerbaijan Republic according to other legal basis (tourism; arriving in connection with private business; sending on a business mission and arriving with other analogous cases of temporary nature) are considered temporarily residing in the Azerbaijan Republic. Emigrants - foreigners or persons without citizenship, leaving their countries for a long time on that or another reasons and arriving in the Azerbaijan Republic for residence.

Article 3. Legislation on Legal Status of Foreigners and Persons without citizenship
Legal status of foreigners and persons without citizenship is defined by the Constitution of the Azerbaijan Republic, the present Law, the Law of the Azerbaijan Republic "On Arrival and Departure from the country and on Passports" and by other legislative acts of the Azerbaijan Republic, adopted in accordance with these laws, as well as by international treaties, which participant is the Azerbaijan Republic.

Article 4. Principles of Legal Status of Foreigners and Persons without citizenship
Foreigners and Persons without citizenship make use of all rights and freedoms and perform all duties on equal basis with the citizens of the Azerbaijan Republic, if otherwise isn't qualified by the Constitution of the Azerbaijan Republic, by the present Law and by other legislative acts of the Azerbaijan Republic and international treaties, which participant is the Azerbaijan Republic.
Realization of rights and freedoms of foreigners and persons without citizenship wouldn't contradict to national interests of the Azerbaijan Republic. Foreigners and persons without citizenship would observe requirements of the Constitution of the Azerbaijan Republic, laws and other legislative acts of the Azerbaijan Republic, respect customs and traditions of the Azerbaijan people.
In case if a foreign country on its territory restricts the realization of rights and freedoms of citizens of the Azerbaijan Republic, adequate restrictions could be established by the the Law of the Azerbaijan Republic for citizens of this country on the territory of the Azerbaijan Republic. Such Law is abrogated in case of the removal of causes, being the grounds for its adoption.
Foreigners and persons without citizenship are equal for the Law and Court of the Azerbaijan Republic, regardless of their social, property status, their racial and national belonging, sex and language, attitude towards religion, type and nature of business and other circumstances.
Rights and freedoms of foreigners and persons without citizenship, being on the territory of the Azerbaijan Republic, could be restricted only according to the order, established by Part 2 of Article 69 of the Constitution of the Azerbaijan Republic.

Article 5. Emigration and temporary presence of foreigners and persons without citizenship on the territory of the Azerbaijan Republic
Foreigners and persons without citizenship could arrive in the Azerbaijan Republic in emigration for permanent residence or for work for definite time and also could temporarily be on its territory according to the order established by the legislation of the Azerbaijan Republic.
Foreigners and persons without citizenship could obtain permission for emigration and could arrive on the territory of the Azerbaijan Republic for the permanent residence in the following cases:

• close blood ties with citizens of the Azerbaijan Republic;
• marriage with a person who permanently lives in the Azerbaijan Republic;
• other cases, provided by the Legislation of the Azerbaijan Republic.

Foreigners and persons without citizenship, arriving for permanent residence or for temporary work, are provided with appropriate documents according to the order, established by the legislation of the Azerbaijan Republic.
Foreigners and persons without citizenship, being on the territory of the Azerbaijan Republic in accordance with other legal grounds, are considered temporarily presenting persons in the Azerbaijan Republic.
Foreigners and persons without citizenship, temporarily presenting in the Azerbaijan Republic, would be registered according to the order, established by the legislation, and on
expiring the time, established for them, they have to leave theAzerbaijan Republic.

Article 6. Providing Political Refuge
In accordance with the Constitution of the Azerbaijan Republic, the Azerbaijan Republic provides the political refuge to foreigners and persons without citizenship.

Article 7. Providing Refugee Status
Foreigners and persons without citizenship could be provided with the Status of Refugees according to the Law of the Azerbaijan Republic "On Status of Refugees and Displaced Persons" and international treaties, which participant is the Azerbaijan Republic.

Article 8. Acceptance of the citizenship of the Azerbaijan Republic
Foreigners and persons without citizenship could obtain the citizenship of the Azerbaijan Republic according to the order, established by the Constitution of the Azerbaijan Republic and the Law of the Azerbaijan Republic "On Citizenship of the Azerbaijan Republic".

Chapter II
RIGTHTS, FREEDOMS AND DUTIES OF FOREIGNERS AND
PERSONS WITHOUT CITIZENSHIP

Article 9. Right of Inviolability
Foreigners and persons without citizenship, being on the territory of the Azerbaijan Republic, have the rights of personal inviolability and housing inviolability in accordance with the Constitution of the Azerbaijan Republic and other legislative acts of the Azerbaijan Republic.
Foreigners and persons without citizenship arrested according to the order, established by Laws of the Azerbaijan Republic, would immediately be informed on circumstances which became the cause of these actions and on their rights.
A body or official, arresting a foreigner and person without citizenship who temporarily is on the territory of the Azerbaijan Republic, must immediately inform on this fact the Ministry of
Foreign Affairs of the Azerbaijan Republic.

Article 10. Right of Foreigners and Persons without citizenship to Move and Select Residence on the territory of the Azerbaijan Republic
Foreigners and persons without citizenship could move and select place of residence on the territory of the Azerbaijan Republic according to the order, established by the Law of the Azerbaijan Republic.
Restrictions on movement and selection of residence are permitted only according to the order, established by the legislation of the Azerbaijan Republic.

Article 11. Right to Work
Foreigners and persons without citizenship in labour relations have analogous rights and bear analogous duties of citizens of the Azerbaijan Republic, if otherwise is not qualified by the
legislation of the Azerbaijan Republic and international treaties which participant is the Azerbaijan Republic.
Foreigners and persons without citizenship arriving in the Azerbaijan Republic for labour activity for definite time, could deal with labour activity according to the established order.
In cases, if occupation of definite positions and definite types of activity is stipulated by the citizenship of the Azerbaijan Republic, foreigners and persons without citizenship couldn't occupy such positions and deal with such business.

Article 12. Right of Investment and Enterpreneur Activity
Foreigners and persons without citizenship could deal with investment and entrepreneur activity according to the order established by the legislation of the Azerbaijan Republic. In that
case they have rights and duties, established for the citizens of the Azerbaijan Republic, if otherwise is not qualified by the legislation of the Azerbaijan Republic.

Article 13. Right for Marriage and Family Relations
Foreigners and persons without citizenship could marry with the citizens of the Azerbaijan Republic and other persons and dissolve a marriage. Foreigners and persons without citizenship in marital and family relations have rights and duties on equal grounds with the citizens of the Azerbaijan Republic.

Article 14. Right to rest.
Foreigners and persons without citizenship have a right to rest on equal grounds with the citizens of the Azerbaijan Republic.

Article 15. Right to Protect Health.
Foreigners and persons without citizenship have a right to protect health according to the order, established by the legislation of the Azerbaijan Republic and international treaties, which participant is the Azerbaijan Republic.

Article 16. Right for Social Security
Foreigners and persons without citizenship have a right for social security according to the order, established by the legislation of the Azerbaijan Republic and international treaties, which participant is the Azerbaijan Republic.
In case if a record of service is required to determine a pension according to the order, established by the legislation of the Azerbaijan Republic and international treaties, which participant is the Azerbaijan Republic, work of foreigners and persons without citizenship abroad could be entered in a record of service.

Article 17. Right for Lodging
Foreigners and persons without citizenship permanently residing in the Azerbaijan Republic, have a right to get a lodging from state, department and public funds on the grounds and according to the order, established for the citizens of the Azerbaijan Republic, if otherwise is not qualified by the legislation of the Azerbaijan Republic.

Article 18. The Freedom of Conscience
Foreigners and persons without citizenship are ensured with the freedom of conscience on equal grounds with the citizens of the Azerbaijan Republic.
It is forbidden to carry out religious propaganda by foreigners and persons without citizenship.

Article 19. Right for Education
Foreigners and persons without citizenship, permanently residing in the Azerbaijan Republic, have a right to get education on equal grounds with the citizens of the Azerbaijan Republic. For other foreigners and persons without citizenship education is paid, if otherwise is not qualified by laws of the Azerbaijan Republic and international treaties, which participant is the Azerbaijan Republic.

Article 20. Right to Take Part in Public Unions
Foreigners and persons without citizenship, permanently residing in the Azerbaijan Republic, have rights to enter in public unions on equal grounds with the citizens of the Azebaijan Republic, if otherwise is not qualified by laws of the Azebaijan Republic and by a Charter of relevant unions. Foreigners and persons without citizenship couldn't be members of political parties of the Azerbaijan Republic.

Article 21. Participation in Elections and National Voting (Referendums)
Foreigners and persons without citizenship couldn't take part in elections in bodies of state power and local government and be elected in these bodies, as well as couldn't take part in national voting (referendums).

Article 22. Attitude to Military Service
Foreigners and persons without citizenship do not bear military service.

Article 23. Tax and Customs Levy from Foreigners and Persons without citizenship
Tax and Customs Levy from foreigners and persons without citizenship is fulfilled on the ground of laws of the Azerbaijan Republic and international treaties, which participant is the Azerbaijan Republic.

Chapter III
RESPONSIBILITY OF FOREIGNERS AND PERSONS WITHOUT CITIZENSHIP

Article 24. Principles of Responsibility of Foreigners and Persons without citizenship
Foreigners and persons without citizenship, committing a criminal, administrative and other delinquencies, bear a responsibility according to the order, established by the legislation of the Azerbaijan Republic.

Article 25. Responsibility for Infringement of Rules of Presence and Transit through the territory of the Azerbaijan Republic
When foreigners and persons without citizenship commit the following infringements of presence on the territory of the Azerbaijan Republic, they bear a responsibility according to the order, established by the legislation of the Azerbaijan Republic:

• unavailability of appropriate documents for presence on the territory of the Azerbaijan Republic;
• residence on territory of the Azerbaijan Republic on the basis of invalid documents;
• non-observance of the Rules of movement, selection of residence and registration;
• infringement of rules when entering the work;
• ill-timed leaving the territory of the Azerbaijan Republic on expiring the time of their presence;
• non-observance of rules of transit through the territory of the Azerbaijan Republic.

Article 26. Reduction of terms of presence of Foreigners and Persons without citizenship on the territory of the Azerbaijan Republic
For foreigners and persons without citizenship, infringing requirements of the legislation of the Azerbaijan Republic, terms of their presence on the territory of the Azerbaijan Republic could be reduced.
Resolution on reduction of terms of presence of foreigners and persons without citizenship in the Azerbaijan Republic is adopted by relevant state bodies.

Article 27. Expel of Foreigners and Persons without citizenship out of bounds of the Azerbaijan Republic
When arising a necessity of ensuring the national security, protection of public order, health protection, rights and interests of population as well as when a rough infringement of requirements of the Azerbaijan Republic legislation on legal status of foreigners and persons without citizenship takes place, foreigners and persons without citizenship could be expelled out of bounds of the Azerbaijan Republic during from one to seven days on the basis of resolution of the relevant state body.
Expel of foreigners and persons without citizenship out of bounds of the Azerbaijan Republic is fulfilled according to the order, established by the Code of the Azerbaijan Republic "On Administrative delinquencies".
Foreigners and persons without citizenship have to leave the territory of the Azerbaijan Republic in a term, established by a resolution on expel out of bounds of the Azerbaijan Republic. Foreigner and person without citizenship, refusing to leave the territory of the Azerbaijan Republic, is arrested on the basis of a sanction of the Public Procurator General of the Azerbaijan Republic and Public Procurator of the Nakhchivan Autonomous Republic and in a compulsory order are expelled out of bounds of the Azerbaijan Republic.
Resolution on expel of foreigners and persons without citizenship out of bounds of the Azerbaijan Republic could be appealed in the Court. An appeal doesn't suspend execution of the resolution.

Chapter IV
FINAL PROVISIONS

Article 28. International Treaties
In case if international treaties, which participant is the Azerbaijan Republic, establish the order differing from the order, established by the present Law, international treaty's order is used.

Article 29. Use of the Law in regard to persons having diplomatic immunity and privileges
The present Law doesn't touch upon rights of persons, having diplomatic immunity and privileges on the basis of Laws of the Azerbaijan Republic and international treaties, which participant is the Azerbaijan Republic.

The President of the
Azerbaijan Republic
Heydar Aliev

Baku
March 13, 1996