Rights and responsibilities of foreigners (Stateless persons)

October 24, 2021

Human rights are the fundamental rights and liberties that every individual has from birth to death. They belong to everyone, regardless of where they come from, whatever they believe, or even how they conduct their lives.

In our practice, we often face questions about the rights and responsibilities of foreigners (stateless persons) in the Republic of Azerbaijan (hence AR). Thus, this blog will be useful for foreigners (stateless persons) living in the Republic of Azerbaijan to learn about their rights and responsibilities.

I. The rights of foreigners (stateless persons) enshrined in the legislation of the Republic of Azerbaijan

So, for identifying the rights and responsibilities, let’s look at the Constitution of the AR. Thus, the main rights and freedoms, obligations of people have been enshrined there. The Constitution of AR is the basic legislative document.

According to Article 69 of the Constitution of the Republic of Azerbaijan, foreigners and stateless persons staying in the Republic of Azerbaijan shall enjoy all rights and fulfill all duties equally with citizens of the Republic of Azerbaijan, unless otherwise prescribed by law or international treaty to which the Republic of Azerbaijan is a party. Foreigners and stateless persons shall be equal before the law and courts of the Republic of Azerbaijan, regardless of any circumstances. Their rights are guaranteed at the same level as the citizens of the Republic of Azerbaijan.

Along with all this, we bring to your attention some noteworthy nuances and restrictions provided by the legislation of the Republic of Azerbaijan in relation to foreigners and stateless persons.

A. Migration Code of AR

According to the Migration Code of the Republic of Azerbaijan, the rights of foreigners and stateless persons residing in the Republic of Azerbaijan are equal to the rights of citizens of the Republic of Azerbaijan. The rights and freedoms of foreigners (stateless persons) residing in the territory of the Azerbaijan Republic may be restricted only in accordance with international law and the laws of the Azerbaijan Republic.

Except the cases envisaged by the Labor Code of the Republic of Azerbaijan, same conditions related with employment defined by legislation for the citizens of the Republic of Azerbaijan is applied to labor migrants and payments for their labor activities are carried out in a way defined by the legislation for citizens of the Republic of Azerbaijan.

B. Labor Code of AR

According to the Labor Code of the Republic of Azerbaijan, it is prohibited to restrict the labor rights of foreigners and stateless persons provided for in this Code and other normative legal acts, except as provided by law. In the field of labor relations, it is inadmissible to establish superior rights for foreigners and stateless persons over citizens of the Republic of Azerbaijan.

Except for cases set forth in Article 64 of the Migration Code of the Republic of Azerbaijan employers should obtain a work permit in a way and under conditions envisaged by that Code for every foreigner or stateless person whom they want to employ. You can get more information about a work permit from this link: https://acon.az/rules-for-issuing-work-permits/

All other issues with regard to labor activities of labor migrants that have not been envisaged by Migration Code of the Republic of Azerbaijan are regulated with this Code.

The control over the provision of the rights of migrant workers by employers shall be exercised by the relevant executive authority.

C. Election Code of AR

Stateless persons who meet the requirements specified in Article 12.1 of the Election Code of the Republic of Azerbaijan and have resided permanently in the Republic of Azerbaijan for at least 5 years may participate in voting during the Presidential elections, elections to the Milli Majlis (Parliament), municipal elections or referendum.

Foreign citizens who meet the requirements of Article 12.1 of the Election Code and have lived in the territory of the relevant municipality for at least 5 years may participate in the municipal elections (provided that the same rights of foreigners are recognized in municipal elections in their countries of citizenship).

According to the Election Code of the Republic of Azerbaijan, except for the above-mentioned cases, foreigners and stateless persons do not have active and passive suffrage in the Republic of Azerbaijan.

D. Land Code of AR

According to the Land Code of the Republic of Azerbaijan, foreigners and stateless persons (as well as foreign legal entities) can acquire land plots only on the basis of the leasing rights in the Republic of Azerbaijan.

It should be noted that this restriction only applies to land plots. Foreigners and stateless persons (as well as foreign legal entities) have the right to acquire ownership of any type of real estate other than land.

As an ACON team, we have provided legal services to a large number of foreigners (stateless persons) in our practice. We invite you to benefit from our experience.

See also:

  1. ACON – LAW AND INVESTMENT, Establishment of representative offices and branches of foreign companies, https://acon.az/establishment-of-representative-offices-and-branches-of-foreign-companies/ (2022).
  2. ACON – LAW AND INVESTMENT, Rules for Issuing Work Permits, https://acon.az/rules-for-issuing-work-permits/ (2021).
  3. ACON – LAW AND INVESTMENT, Requirements for a Permanent Residence Permit in the territory of the Republic of Azerbaijan, https://acon.az/requirements-for-a-permanent-residence-permit-in-the-territory-of-the-republic-of-azerbaijan/ (2021).
  4. ACON – LAW AND INVESTMENT, Procedure for Issuance, Refusal and Revocation of Temporary Residence Permits, https://acon.az/procedure-for-issuance-refusal-and-revocation-of-temporary-residence-permits/ (2019).
  5. ACON – LAW AND INVESTMENT, Apostille and Legalization, https://acon.az/apostille-and-legalization/ (2022).
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