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Scope of activities

Law of the Republic of Azerbaijan “On Prosecutor’s Office”

Article 12. Military Prosecutor’s Office of the Republic of Azerbaijan

The Military Prosecutor's Office of the Republic of Azerbaijan is a specialized prosecutor's office and performs powers referred by this Law and other laws of the Republic of Azerbaijan to the military prosecutor’s offices in the Armed Forces of the Republic of Azerbaijan and other armed forces provided for by the legislation of the Republic of Azerbaijan.

The Military Prosecutor's Office of the Republic of Azerbaijan controls over the observance of the laws and military regulations in places of detention of detainees and military prisoners, disciplinary units, also during the enforcement of sentences in military units, requires materials of inter-departmental checks carried out in the Armed Forces of the Republic of Azerbaijan. Under the Decision of the Military Prosecutor of the Republic of Azerbaijan and on the basis of applications, complaints, appeals, details on subjects of operational-search activity on theft of property in the Armed Forces of the Republic of Azerbaijan and other crimes committed or planned against military service, and those committed by military servants, including other information established by law, provides inspections; ensures allocation of experts for this purpose, adoption of appropriate decisions depending on whether the identified facts are sufficient for criminal prosecution.

The Military Prosecutor's Office performs its duties independently of the military command and control bodies. Employees of the Military Prosecutor’s Office may freely enter in the building and in the territory of all military authorities, military units, military enterprises and institutions in connection with the execution of their duties.

Military Prosecutor's Offices of the Republic of Azerbaijan include:

  • The Military Prosecutor's Office of the Republic of Azerbaijan;
  • The Military Prosecutor’s Office of Nakhchivan Autonomous Republic;
  • military prosecutor's offices.

Military prosecutor’s offices are created in the territories of the deployment of military garrisons of the Armed Forces of the Republic of Azerbaijan based on the number of military units assigned to the sphere of activity of the prosecutor's office.

The Military Prosecutor's Office of the Republic of Azerbaijan is headed by the Military Prosecutor of Republic of Azerbaijan, considered the Deputy Prosecutor General in accordance with the position held.

The Military Prosecutor of the Republic of Azerbaijan is appointed and dismissed from office in accordance with Part IV of Article 133 of the Constitution of the Republic of Azerbaijan.

Departments, divisions and other structural units may be established in the Military Prosecutor's Office of the Republic of Azerbaijan. Directors of departments and divisions are considered to be senior assistants of the Military Prosecutor. Prosecutors and investigators may be appointed to these departments.

Employees of the Military Prosecutor's Office of the Republic of Azerbaijan are appointed and dismissed by the Prosecutor General of the Republic of Azerbaijan. The Military Prosecutor of the Republic of Azerbaijan has the right to make recommendations concerning the appointment and dismissal of these persons.

The Military Prosecutor of the Republic of Azerbaijan within his competence issues orders, instructions and other acts that are mandatory for the execution by employees of the Military Prosecutor's Office.

Collegium of the Military Prosecutor’s Office of the Republic of Azerbaijan, being a consultative body and headed by the Prosecutor of the Republic of Azerbaijan was established within the Military Prosecutor's Office of the Republic of Azerbaijan.

The composition of the Collegium consists of the Military Prosecutor of the Republic of Azerbaijan, his deputies, the Military Prosecutor of Nakhchivan Autonomous Republic, heads of departments and divisions of the Military Prosecutor’s Office of the Republic of Azerbaijan, and other senior officials.

The composition of the Collegium is approved by the Prosecutor General of the Republic of Azerbaijan on the basis of the recommendation of the Military Prosecutor of the Republic of Azerbaijan.

The Collegium within its authorities operates in the manner prescribed by parts three and four of Article 11 of this Law.

The officers of the military prosecutor's office in accordance with the Law of the Republic of Azerbaijan "On military service" do their military service in the Armed Forces of the Republic of Azerbaijan and enjoy the rights and privileges established by the Law of the Republic of Azerbaijan "On the status of servicemen" and other laws.

Call-up to military service of persons serving in bodies of the Military Prosecutor’s Office, as well as their transfer to the reserve and retirement are performed by the Military Prosecutor of the Republic of Azerbaijan