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Adoption of the Constitution of the Nakhchivan ASSR (1937)

There are few autonomies in the world created on the basis of international agreements. The basis for the autonomous status of the Nakhchivan region, which has an ancient and rich culture and centuries-old traditions of statehood, was laid by the Moscow and Kars agreements of 1921. These agreements confirmed that Nakhchivan is an integral part of Azerbaijan, its territorial boundaries were clarified, and that it will never be transferred to another country. Although Nakhchivan was granted autonomy status under the Moscow and Kars agreements, its legal status as an autonomous republic within the Azerbaijan SSR was determined by a decree of February 9, 1924. Thus, the transformation of the Nakhchivan Autonomous Region into the Nakhchivan Autonomous Soviet Socialist Republic was confirmed, thereby determining the status of this region. Thus, from March 16, 1921 - Nakhchivan region, from June 16, 1923 - Nakhchivan SSR, from February 9, 1924 - Nakhchivan Autonomous Soviet Socialist Republic, and Nakhchivan Autonomous Republic from November 17, 1990. Each of the constitutions adopted during these years (the constitutions of 1926, 1937, 1978 and 1998) contained norms related to the autonomous status of Nakhchivan, which was of particular importance in strengthening the status of the autonomous territory.

The development of the Constitution of Nakhchivan was caused by the need for its formation as an autonomous republic. In this regard, in 1926, the first Constitution of the Nakhchivan Autonomous Soviet Socialist Republic was adopted. According to this Constitution, consisting of 4 sections and 62 articles, the supreme authority on the territory of the Nakhchivan Autonomous Soviet Socialist Republic was the All-Nakhchivan Congress of Soviets. During the inter-congress period, his powers were exercised by the Central Executive Committee of Nakhchivan. However, the Nakhchivan Central Executive Committee (CEC), unlike the All-Nakhchivan Congress of Soviets, was the highest legislative, executive and supervisory body.

The competence of the All-Nakhchivan Congress of Soviets and the Central Executive Committee (CEC) included the issues of introducing amendments and additions to the Constitution of the Nakhchivan Autonomous Soviet Socialist Republic, implementing the general administrative division of the territory of the autonomous republic, considering and adopting the budget, appointment to positions and dismissal from office. In addition, the Constitution provided that the coat of arms and flag of the Azerbaijan SSR should be used on the territory of the Nakhchivan ASSR, and the capital should be the city of Nakhchivan.

In 1936, a new Constitution of the USSR was adopted, and all union and autonomous republics had to adapt their constitutions to it. On September 18, 1937, the X Extraordinary All-Nakhchivan Congress of Soviets adopted the second Constitution of the Nakhchivan Autonomous Soviet Socialist Republic. This Constitution, approved by the Supreme Council of the Azerbaijan SSR by law of April 7, 1941, was prepared on the basis of the Constitution of the Azerbaijan SSR of 1937, reflecting its basic principles, and consisted of 11 chapters and 115 articles. In this Constitution of 1937, the Nakhchivan ASSR was declared a socialist state, part of the Azerbaijan SSR, with autonomous rights.

The next Constitution of the Azerbaijan SSR was adopted in 1978 on the basis of the 1977 Constitution of the USSR. The preparation and adoption of this Constitution was carried out with the participation of the Great Leader Heydar Aliyev, who headed Azerbaijan at that time. For the first time in the history of the Constitution of our country, the terms “people's power” and “democracy” were adopted. It was said here that all power in the Azerbaijan SSR belongs to the people. It should also be noted that the language issue was one of the main principles of the new Constitution adopted in 1978. Giving the Azerbaijani language the status of a state language was one of the greatest historical services of the Great Leader to the people, and with this the National Leader skillfully defended one of the national symbols of the future independent statehood.

Thus, the Constitution of the USSR, adopted in 1977, again granted the right to approve the constitutions of the autonomous republics to Nakhchivan itself. On May 30, 1978, the third Constitution of the Nakhchivan Autonomous Soviet Socialist Republic was adopted. The legal basis of this Constitution, consisting of 10 sections, 16 chapters and 163 articles, was the 18th chapter of the Constitution of the USSR and the 8th chapter of the Constitution of the Azerbaijan SSR. The powers of the highest bodies of the state power and administration of the Nakhchivan Autonomous Soviet Socialist Republic include: adoption of the Constitution and amendments to it, monitoring compliance with the Constitution, protection of legislation, public order, rights and freedoms of citizens, socio-economic, public education, culture, healthcare, etc. It also included ensuring the development of deposits and resolving other issues of republican importance.

According to the Constitution of the Nakhchivan ASSR of 1978, the supreme body of state power of the Nakhchivan Autonomous Republic was the Supreme Council of the Nakhchivan ASSR, represented by a body of deputies consisting of 110 deputies elected for a period of 5 years. The laws were adopted by the Supreme Council of Nakhchivan and had binding legal force throughout the entire territory of the autonomous republic.

The Council of Ministers of the Nakhchivan Autonomous Soviet Socialist Republic - the highest executive and decision-making body of the Nakhchivan Autonomous Soviet Socialist Republic - was responsible and accountable to the Supreme Council of the Nakhchivan Autonomous Soviet Socialist Republic, and also carried out all management issues related to the powers of the autonomous republic.

The historical processes, including the difficult political situation in the republic, which began in the late 80s, led to the separation of the Nakhchivan Autonomous Soviet Socialist Republic from the USSR. During this difficult period, National Leader Heydar Aliyev arrived in Nakhchivan. His election as a deputy to the parliaments of Azerbaijan and Nakhchivan, and later as a Chairman of the Supreme Council of the Nakhchivan Autonomous Republic, saved this ancient land. Thanks to the foresight of Heydar Aliyev, the adoption of the tricolor flag of the Azerbaijan Democratic Republic as a state symbol by the highest legislative body of the Nakhchivan Autonomous Republic on November 17, 1990 had a decisive influence on complex socio-political processes and this quickly brought Azerbaijan closer to independence. In those days, the Great Leader’s unprecedented historical service to our people was the raising of our tricolor flag in the Supreme Council of Nakhchivan, as well as the exclusion of the words “Soviet, socialist” from the name of the autonomous republic. The first national constitution, adopted in a referendum on November 12, 1995, further strengthened Nakhchivan's autonomous status.

The adoption of the Constitution of the Azerbaijan Republic on November 12, 1995, again caused the need to adopt a new Constitution of the Nakhchivan Autonomous Republic. Thus, this Constitution provided for Chapter VIII “Nakhchivan Autonomous Republic”, Article 134 of this chapter established that the autonomous republic is an autonomous state within the Republic of Azerbaijan, and all this led to the adoption of the Basic Law of Azerbaijan Republic. As a result, by the decision of the Supreme Council of the Nakhchivan Autonomous Republic, a commission was created to develop a draft of a new Constitution, which was approved on December 29. The Constitution, consisting of 50 articles, is fundamentally different from the previous ones both in form and content.

Each page of the long historical development of Nakhchivan clearly proves that this ancient land has always been the homeland of the Turks, historically belonged to Azerbaijan, and is its integral part. This is one of the oldest cultural centers of Azerbaijan.

Today Nakhchivan is a very important region in Azerbaijan. This autonomous republic is developing dynamically and, within the framework of the Republic of Azerbaijan, has successfully integrated into the world community.


Recommended literature:

  1. Naxçıvan Muxtar Respublikası konstitusiyalarda / tərt., mətnin müəl. E. Y. Cəfərli, red. F. Y. Səfərli.- Bakı: Elm və Təhsil, 2014.- 208 s.
  2. Hüseynov, Sahil Zahir oğlu. Dövlət ərazi quruluşunun hüquqi tənzimlənməsi problemləri / S. Z. Hüseynov; elmi red. N. Cəfərli.- Bakı: Elm və təhsil, 2022.- 216 s.
  3. Nağıyev, Fəxrəddin Tağı oğlu. Konstitusiya hüququ: mühazirə mətnləri: dərs vəsaiti / F. T. Nağıyev; elmi red. Z. A. Əsgərov.- Yenidən işlənmiş və təkmilləşdirilmiş II nəşri.- Bakı: Qanun, 2011.- 240 s.
  4. Quliyev, Cəmil Bahadur oğlu. Sovet Naxçıvanı / C. B. Quliyev, Q. Ə. Mədətov, A. A. Nadirov; red. E. Y. Salayev.- Bakı: Azərnəşr, 1984.- 136 s.
  5. Naxçıvan Muxtar Sovet Sosialist Respublikası / Azərbaycan SSR EA; red. heyəti: A. A. Hüseynov [et al.]; baş red. H. B. Abdullayev; red.: M. Ə. Qaşqay, M. A. Dadaşzadə.- Bakı: Elm, 1975.- 359 s.