Law of Azerbaijan
Encyclopedia
The legal system of Azerbaijan
is based around civil law
. As the country was a republic of the Soviet Union
until 1991, its legal history has also been influenced heavily by socialist law
.
. Article 1 of the Criminal Code states that "the Criminal legislation of the Republic of Azerbaijan consists of this Code. New laws defining criminal responsibility are subject to inclusion in this Code"; this is characteristic of civil law
legal systems such as France
and Italy
.
systems such as the United States
and United Kingdom
, Azerbaijani courts do not rely extensively on case law
and judicial precedent
. Except for decisions of the Constitutional Court of Azerbaijan, decisions of the courts are not usually counted as a source of law. The sources of law in the Azerbaijani legal system are:
. The Supreme Court
of Azerbaijan serves as a court of appeals; below it are the district
and municipal courts, which serve as trial court
s.
The 1995 constitution provides for public trials in most cases, the presumption of innocence in criminal cases, and a defendant’s right to legal counsel. Both defendants and prosecutors have the right of appeal. In practice, however, the courts are politically oriented, seeming to overlook the government’s human rights violations. In July 1993, Heydar Aliyev
ousted the Supreme Court chief justice because of alleged political loyalties to the opposition. The president directly appoints lower level judges. The president also appoints the Constitutional Court and Supreme Court judges with
confirmation by the legislature. Prosecutors (procurators) are appointed by the president with confirmation by the legislature. The minister of justice organizes prosecutors into offices at the district, municipal, and republic levels. The constitution provides equal status for prosecutors
and defense attorneys before the courts, but in practice the arrest and investigatory powers of the prosecutors have dominant influence before the courts. Judges will often remand a case for further prosecutory investigation rather than render an innocent verdict. Investigations often rely on obtaining confessions rather than on gathering evidence.
The Azerbaijan government’s human rights
record is poor, although some public policy debate is allowed and human rights
organizations operate. The government restricts freedom of assembly, religion, and association. Numerous cases of arbitrary arrest, beatings (some resulting in deaths), unwarranted searches and seizures, and other human rights abuses are reported. Political oppositionists are harassed and arrested, and there are dozens of political prisoners in Azerbaijan. The conflict between NK Armenians
and Azerbaijanis contributed to widespread human rights violations by both sides. Some opposition newspapers are allowed to exist. Ethnic Lezgins and Talysh
have complained of human rights abuses such as restricted educational opportunities in their native languages.
Azerbaijan
Azerbaijan , officially the Republic of Azerbaijan is the largest country in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded by the Caspian Sea to the east, Russia to the north, Georgia to the northwest, Armenia to the west, and Iran to...
is based around civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
. As the country was a republic of the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
until 1991, its legal history has also been influenced heavily by socialist law
Socialist law
Socialist law denotes a general type of legal system which has been used in communist and formerly communist states. It is based on the civil law system, with major modifications and additions from Marxist-Leninist ideology. There is controversy as to whether socialist law ever constituted a...
.
Criminal law
The current Criminal Code of Azerbaijan came into force in September 2000, replacing the older Criminal Code of 1960 which had been based on the principles of Soviet lawSoviet law
The Law of the Soviet Union—also known as Socialist Law—was the law developed in the Soviet Union following the October Revolution of 1917...
. Article 1 of the Criminal Code states that "the Criminal legislation of the Republic of Azerbaijan consists of this Code. New laws defining criminal responsibility are subject to inclusion in this Code"; this is characteristic of civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
legal systems such as France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
and Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
.
Sources of law
Unlike common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
systems such as the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, Azerbaijani courts do not rely extensively on case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
and judicial precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
. Except for decisions of the Constitutional Court of Azerbaijan, decisions of the courts are not usually counted as a source of law. The sources of law in the Azerbaijani legal system are:
- The ConstitutionConstitutionA constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of Azerbaijan. - Acts adopted via referendumReferendumA referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
. - Laws passed by the National Assembly of AzerbaijanNational Assembly of AzerbaijanThe National Assembly , also transliterated as Milli Majlis is the legislative branch of government in Azerbaijan. The unicameral National Assembly has 125 deputies: previously 100 members were elected for five-year terms in single-seat constituencies and 25 were members elected by proportional...
, Azerbaijan's legislatureLegislatureA legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
. - DecreeDecreeA decree is a rule of law issued by a head of state , according to certain procedures . It has the force of law...
s. - Resolutions of the Cabinet of Ministers.
- International treaties to which Azerbaijan is a party.
Court system
The Constitutional Court of Azerbaijan is the highest court, with authority to interpret and apply the Constitution of AzerbaijanConstitution of Azerbaijan
The Constitution of Azerbaijan was adopted on 12 November 1995 by popular referendum and amended on 24 August 2002. It carries the "highest legal force" in Azerbaijan as per article 147.-Preamble:...
. The Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
of Azerbaijan serves as a court of appeals; below it are the district
District court
District courts are a category of courts which exists in several nations. These include:-Australia:District Court is the name given to the intermediate court in most Australian States. They hear indictable criminal offences excluding treason, murder and, in some States, manslaughter...
and municipal courts, which serve as trial court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
s.
The 1995 constitution provides for public trials in most cases, the presumption of innocence in criminal cases, and a defendant’s right to legal counsel. Both defendants and prosecutors have the right of appeal. In practice, however, the courts are politically oriented, seeming to overlook the government’s human rights violations. In July 1993, Heydar Aliyev
Heydar Aliyev
Heydar Alirza oglu Aliyev , also spelled as Heidar Aliev, Geidar Aliev, Haydar Aliyev, Geydar Aliyev was the third President of Azerbaijan for the New Azerbaijan Party from June 1993 to October 2003, when his son Ilham Aliyev succeeded him.From 1969 till 1982, Aliyev was also the leader of Soviet...
ousted the Supreme Court chief justice because of alleged political loyalties to the opposition. The president directly appoints lower level judges. The president also appoints the Constitutional Court and Supreme Court judges with
confirmation by the legislature. Prosecutors (procurators) are appointed by the president with confirmation by the legislature. The minister of justice organizes prosecutors into offices at the district, municipal, and republic levels. The constitution provides equal status for prosecutors
and defense attorneys before the courts, but in practice the arrest and investigatory powers of the prosecutors have dominant influence before the courts. Judges will often remand a case for further prosecutory investigation rather than render an innocent verdict. Investigations often rely on obtaining confessions rather than on gathering evidence.
The Azerbaijan government’s human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
record is poor, although some public policy debate is allowed and human rights
organizations operate. The government restricts freedom of assembly, religion, and association. Numerous cases of arbitrary arrest, beatings (some resulting in deaths), unwarranted searches and seizures, and other human rights abuses are reported. Political oppositionists are harassed and arrested, and there are dozens of political prisoners in Azerbaijan. The conflict between NK Armenians
Armenia
Armenia , officially the Republic of Armenia , is a landlocked mountainous country in the Caucasus region of Eurasia...
and Azerbaijanis contributed to widespread human rights violations by both sides. Some opposition newspapers are allowed to exist. Ethnic Lezgins and Talysh
Talysh people
Talysh are an Iranian people indigenous to a region shared between Azerbaijan and Iran which spans the South Caucasus and the southwestern shore of the Caspian Sea. They speak the Talysh language, one of the Northwestern Iranian languages...
have complained of human rights abuses such as restricted educational opportunities in their native languages.