Law of the Republic of Azerbaijan «On Prosecution Office»

Article 4. Scope of activities of Prosecution Office
The prosecution office in cases and manner stipulated by law shall:
•    initiate a criminal case and conduct a preliminary investigation;
•    take charge of procedural aspects of the preliminary investigation of the criminal case, and ensure compliance with laws;
•    control the execution and application of laws in the activities of inquiry and operational search bodies;
•    bring actions in court (apply), participate as a plaintiff in cases of civil and economic disputes;
•    participate as a party in the consideration of criminal cases in court; defend state prosecution;
•    deliver a protest against court decisions; take part in achieving the penalties rendered by courts.
Assignation of duties to the prosecutor's office not provided by the Constitution is not allowed under the present law and procedural legislation.

Article 5. Basic principles of the Prosecution Office
Basic principles of the activity of the Prosecution Office include:
•    legality;
•    equality of everyone before the law;
•    observance and respect for the rights and freedoms of individuals, rights of legal entities; objectivity, impartiality and a reference to the facts;
•    unity and centralization, subordination of territorial and specialized prosecutors to the Prosecutor General of the Republic of Azerbaijan;
•    political independence.

Article 14-1. Military Prosecution Office of the Nakhichivan Autonomous Republic
The Military Prosecution Office of the Nakhichevan Autonomous Republic is headed by the Military Prosecutor of the Nakhichivan Autonomous Republic.

The Military Prosecutor of the Nakhichivan Autonomous Republic has a deputy, senior assistants and assistants.

In the Military Prosecution Office of the Nakhichivan Autonomous Republic, divisions and other structural units may be created. Directors of divisions, prosecutors and investigators who are considered to be senior assistants to the Military Prosecutor of the Nakhichivan Autonomous Republic may be appointed to these divisions.

The staff of the Military Prosecution Office of the Nakhichivan Autonomous Republic shall be appointed and dismissed by the Prosecutor General of the Azerbaijan Republic. The Military Prosecutor of the Nakhichivan Autonomous Republic has the right to give submissions on the appointment and dismissal of these persons.

The Military Prosecutor of the Nakhichivan Autonomous Republic carries out activities within the powers provided for by this Law and other laws of the Republic of Azerbaijan.

The Military Prosecutor of the Nakhichivan Autonomous Republic, within the framework of his powers, issues orders, instructions, and other acts that are binding on the staff of the Military Prosecution Office of the Nakhichevan Autonomous Republic.

The powers provided for by the second part of Article 12 of this Law in the formations of the Armed Forces of the Republic of Azerbaijan located on the territory of the Nakhichivan Autonomous Republic are also exercised by the Military Prosecution Office of the Nakhichivan Autonomous Republic and, accordingly, the Military Prosecutor of the Nakhichivan Autonomous Republic.

The primary military ranks of the Nakhichivan Autonomous Republic are assigned in the order established for the military personnel on the basis of the proposal of the Military Prosecutor of the Nakhichivan Autonomous Republic, and the rank of lieutenant colonel of justice and colonel of justice in agreement with the Prosecutor General of the Military Prosecutor of the Republic of Azerbaijan. After the assignment of primary military ranks to the employees of the Military Prosecution Office of the Nakhichivan Autonomous Republic, the next military ranks (except for the ranks of lieutenant colonel of justice, colonel of justice and higher military ranks) are assigned by the Military Prosecutor of the Nakhichivan Autonomous Republic. 

The conscription for military service of persons serving in the Military Prosecution Office of the Nakhichivan Autonomous Republic in positions not provided for in Article 1 of this Law, their transfer to the reserve and resignation shall be carried out by the Military Prosecutor of the Nakhichivan Autonomous Republic.