11.11.2020
This Constitution is the logical result of the
historical development of the Azerbaijani people. The Constitution creates a
comprehensive basis and conditions for ensuring the rights and freedoms of
citizens in our country, protecting, preserving and strengthening our
independent Statehood, and implementing democratic reforms. The main features
that characterize our Constitution are the reflection of the historical past,
today's reality and prospects for the future development of Azerbaijan, the
fact that it is based on universal and national values.
Heydar Aliyev
Nationwide Leader of the Azerbaijani People
Based on universal values, the Constitution of the
Republic of Azerbaijan today has great legal, political and ideological
potential and serves the well-being of the Azerbaijani people.
Ilham Aliyev
President of the Republic of Azerbaijan
Today is a historic day for Azerbaijan. Under the
leadership of the President of the Republic of Azerbaijan, Supreme
Commander-in-Chief Mr. Ilham Aliyev, the Armenian-Azerbaijani conflict that
lasted for about 30 years ended with a glorious victory for Azerbaijan both in
the political and military arena. The fact that the 25th anniversary
of the Constitution coincided with a great victory in the Patriotic War makes
this date even more significant.
Today, the Armed Forces of Azerbaijan, which were
formed and embarked on the path of development thanks to the exceptional merits
of the National Leader Heydar Aliyev, under the leadership of the President,
Supreme Commander-in-Chief Mr. Ilham Aliyev, successfully fulfilling his
honorary mission, achieved a great victory.
During the victorious march, which lasted 44 days, our
country achieved great success on the battlefield, which will fall into
military history. During this period, good news came from the front daily. In
order to regain control of the internationally recognized borders of the
Nagorno-Karabakh region and its adjacent seven regions, in full compliance with
Article 51 of the United Nations Charter, as a result of the exercise of the
right of self-defense during this period, most of our occupied land was
liberated from the invaders, about 300 settlements - cities, villages were
liberated from the invaders. Today we can say with great pride that the
glorious flag of Azerbaijan flies over the city of Shusha, which is the cradle
of the culture of our people.
It is symbolic that the 25th anniversary of
the adoption of Constitution, which is fateful for our independent State and
people, fell on the Great Victory. This Constitution, created on the basis of
our centuries-old traditions of Statehood, national and universal values, is
the logical result of the development path taken by the Azerbaijani people.
Back in 1918, for the first time in the Muslim East,
the Azerbaijani people created a democratic republic, declared their commitment
to democratic values, human rights and freedoms. The present Constitution of
Azerbaijan demonstrates the desire of our people to build an independent, free,
democratic State and take a worthy place in the world community, the intention
and will to contribute to peace, progress, and the civil development of
mankind. Our Constitution, based on universal human values and progressive
national traditions, reflects today's realities, prospects for the development
of the State and society.
The adoption on 12 November 1995 by popular vote of a
referendum on the Constitution of the Republic of Azerbaijan was a significant
event in the history of Azerbaijan's Statehood, set the stage for the construction
of a modern State and civil society in our country, paving the way for the
realization of human rights and freedoms, and gave impetus to the development
of all spheres of the country's life.
This document of national importance, which was drafted
under the direct supervision of the creator and founder of the modern
independent Azerbaijani State, Heydar Aliyev, and was adopted 25 years ago,
turning, in the literal sense of the word, into the Main Document of the
country, acted as the basis for large-scale legislative and institutional
reforms covering all spheres of life of the State and society.
As a rule, in states that have gained independence and
have embarked on the path of development, the adoption of a new constitution
becomes a necessity. Thus, in modern democratic states, the Constitution as a
whole forms the basis of the legal system has a significant influence on legal
thinking and political and legal relations in society. The constitutions, which
are the guarantors of political stability, public peace and, in some cases,
national reconciliation, define the legal framework of relations between the
individual, society and the state, the foundations of state building, the
principles of the organization of the political system, the organization,
powers and rules of the activities of the authorities, regulate the status of
the individual, important issues in connection with the protection of human
rights and freedoms. In addition to defining the primary principles of state
structure, the constitutions specify the criteria for state intervention in
various spheres of social activity and the permissible limits of such
interference, determine the general directions of state policy in this area.
Looking back at the history of Azerbaijani
constitutionalism, we will see that the adoption of the first Constitution of
Azerbaijan falls on the period of the USSR. On May 19, 1921, at the I Congress
of World Azerbaijanis, on the basis of the Constitution of the RSFSR of 1918,
the Constitution of the Azerbaijan Soviet Socialist Republic was adopted. This
in general is one of the stages of the history of Azerbaijan's statehood, and several
rights and freedoms were reflected here, the foundations of the organization
and activities of the central state - authorities were determined.
The second Constitution of Azerbaijan was adopted in
March 1927. There were no issues in this Constitution that were seriously
different from the Basic Law of 1921. This Constitution is most remembered as
the Basic Law that enshrines the foundations of Soviet power.
The adoption of the Constitution of the USSR in 1936
then led to the adoption of the third Constitution of the Azerbaijan SSR. In
the Constitution of the Azerbaijan SSR, adopted in 1937 in accordance with the
Constitution of the USSR, a number of innovations attracted attention. For the
first time, the right to citizenship, the socio-economic rights of citizens,
many provisions on constitutional amendments were reflected.
The fourth Constitution of the Azerbaijan SSR was
adopted on April 21, 1978 on the basis of the 1977 Constitution of the USSR. It
should be emphasized that the great leader Heydar Aliyev played an exceptional
role in the adoption of this Constitution. It was at the request of the National
Leader Heydar Aliyev that the 1978 Constitution enshrined the Azerbaijani
language as a state language. In addition, in this Constitution, the legal
status of Nagorno-Karabakh and its bodies was given within the chapter
"Local state authorities," that is, this was not given a separate -
special significance. While, in previous constitutions, a separate chapter was
devoted to this. This, of course, was one of the historical merits of the great
leader to the Azerbaijani people and the state.
Turning to the modern period, it can be noted that as
a result of the collapse of the Soviet Union in 1991, the Republic of
Azerbaijan, which declared State independence, faced such important tasks as
the protection and preservation of this independence, the development of our
statehood, and the implementation of democratic reforms. But as a result of the
social and political instability that prevailed in the country, Azerbaijan was
on the verge of civil confrontation, national statehood was on the verge of
destruction. The return to power at the insistence of the people at such a
difficult moment of the National Leader Heydar Aliyev laid the foundation for
independent Azerbaijani statehood. By uniting the people around the ideas of
independent Azerbaijan, the Great Leader fulfilled his historical mission and
wrote the historical pages of our statehood.
As has already been noted, the political instability,
chaos and vigilantism that prevailed in these years in the country, having
influenced the work in the field of creating the Constitution, have brought
inertia and stagnation to this important process. The work of the 74-member
working commission established on February 19, 1991 by the decision of the
Supreme Council of the Republic of Azerbaijan to prepare a new Constitution has
not yielded the expected results.
After the National Leader Heydar Aliyev came to power,
it was on his initiative that the preparation of a draft new Constitution of
Azerbaijan began. The composition of the working commission was submitted by
the President to Parliament, and on May 2, 1995, Milli Majlis made a decision. This
time, the commission consisted of 33 people and, along with representatives of
the legislative, executive and judicial authorities, also included well-known
personalities of the legal community of the country. The head of state
personally supervised the development and preparation of the project, that have
a positive impact on the speed and quality of the process.
After the establishment of socio-political stability
in the country, as a result of a deliberate policy, the rule of law and legal
rules were restored. All this led to the creation of the necessary socio-political
conditions for the adoption of the first national Constitution in the history
of the Azerbaijani people and the state.
Finally, on October 15, 1995, the draft Constitution
was published for popular debate, and at a referendum held on November 12, 1995,
94.8 per cent of the electorate voted in favour of the Constitution. The
Constitution of the independent Republic of Azerbaijan entered into force on
November 27, 1995.
Due to the sharp mind of the National Leader, first of
all, it was begun to bring all spheres of public administration in line with
progressive standards, and consistent democratic reforms were carried out in
connection with the protection of human rights and freedoms. The first
Constitution of independent Azerbaijan, prepared under the leadership of a wise
person and adopted by popular vote, along with the determination of priorities
for the future development of the country, brought the protection of human
rights and freedoms to the forefront as the highest goal of the State.
According to Article 12.1 of Constitution, the highest
objective of the State is to ensure rights and freedoms of a person and a
citizen and a proper standard of living for the citizens of the Republic of
Azerbaijan. The fact that one third of the provisions reflected in the Basic
Law relate to human rights and freedoms is also a clear embodiment of the great
leader's commitment to universal values, his internal democratism.
The new Basic Law of Azerbaijan, which laid the
unbreakable foundation of the democratic system and the rule of law in the
country, created the ground for legal reforms, personifying the principles of
humanism and democracy, and created a comprehensive basis for the progress of
our statehood. This supreme legal document, covering all spheres of life of the
state and society, enriched the development of the ideas of the rule of law
with national values and modern approaches. The recognition of the people as
the only source of power, the protection of the integrity of the state, strict
observance of the principle of the separation of power, the protection of the
rights and freedoms of a person and a citizen were declared as the highest goal
of the Azerbaijani state.
Along with the fact that the Constitution reflects the
main tasks of the state, the principles of regulation of relations between the
Azerbaijani state and other states, it shows that the highest power belongs to
the people, and this, in turn, implies the development of Azerbaijan precisely
by democratic means. Free and independent self-determination is enshrined in
the Basic Law as the sovereign right of our people.
The largest chapter of the Basic Law, which is the
third, is devoted entirely to the fundamental rights and freedoms of a person
and citizen, this chapter reflects the rights and freedoms necessary to ensure
in a democratic, legal state, the mechanism for their realization, as well as
the permissible limits of legal restriction of individual rights in accordance
with international standards.
Thus, the Constitution itself assumes that rights and
freedoms also cover the responsibility and freedoms of everyone before society
and other persons, and on the other hand, the restriction of the rights and
freedoms of everyone to the grounds defined by the Constitution and laws, as
well as the rights and freedoms of others. There is no doubt that the
restrictions applied in a democratic society that are necessary, defined by law
and in accordance with the state's international obligations, serve to better
ensure of human rights, the security of society and the nation.
Along with it, legal protection of rights and
freedoms, which is an important mechanism for the effective implementation of
the rights enshrined in the Constitution, and, at the same time, provided for
as a separate right or guarantee, has been sufficiently widely reflected in the
Basic Law. This constitutional guarantee contains all the necessary elements of
the "right to a fair trial" reflected in the international legal
instruments to which the Republic of Azerbaijan has acceded. This right is not
limited by judicial recourse but also involves a fair conviction, which is able
to effectively restore violated rights and freedoms.
According to the above, it is safe to note that the
Constitution of the Republic of Azerbaijan and all its norms and provisions are
based on the concept of a legal, social state based on democratic values and on
respect for the individual. In this context, the Constitution of the country,
being a historical document covering the legal principles that determine the
main directions for the development of our independent state, has become the
foundation of the mechanism of public administration that serves the well-being
of the Azerbaijani people.
The concept of a social State aimed at the freedom of
economic activity, the diversity of types of property and the guarantee of
their equal protection, the provision of conditions of decent living for
everyone and free development, as one of the features of the constitutional
system, is widely reflected in the Constitution of the country. Improving the
well-being of the people and every citizen, taking care of their social
protection and a decent standard of living are entrusted to the State by the
Constitution.
The determination in the Constitution of the
protection of rights and freedoms of a person and a citizen and a proper
standard of living for the citizens of the country as the highest objective of
the Azerbaijani State, the assignment of tasks to the State to guarantee the
protection of the rights and freedoms of everyone are of exceptional
importance. This means that the Constitution of the country at the highest
level declares that the state does not serve some abstract interests, namely
the interests of citizens, people who are the leading force of a free society.
Proceeding from the norms of Constitution, our
Republic has established a perfect legal framework based on the norms and
principles of international law, improved national legislation, and our country
has acceded to numerous international legal instruments in the field of human
rights. To ensure the effective realization of these rights, the existing
legislative framework has been brought into line with international standards,
and the provisions of international treaties have been implemented at the
national level.
As a logical result of the implementation of
constitutional norms in a short time, the country laid a strong foundation for
a democratic, legal state, and fundamental changes were made in the legal
system. New laws that meet modern requirements have been adopted, which have
been highly regarded by international organizations and experts and serve to
strengthen the protection of human rights, including the laws “On
Constitutional Court”, “On Courts and Judges”, “On Prosecutor's Office”, “On Police”,
Civil Code, Civil Procedure Code, Criminal Code, Criminal Procedure Code and
other laws and codes.
As already noted, in order to implement the
constitutional principles in our country, extensive legislative and judicial
reforms have been carried out, as a result of which the necessary legislative
framework has been created for the establishment of the judiciary,
consolidating in the legislation the independence of the judiciary and the
basis for the status of judges, the necessary conditions have been created for
their activities, and it has become possible to ensure the implementation of
democratic principles in judicial proceedings.
As a result of judicial and legal reforms, the rule of
law is ensured, the rights and freedoms of citizens are protected, the fight
against crime is improved, and law enforcement services are built on the basis
of transparency.
The Basic Law also intended to create a new
institution, uncharacteristic of the history of our statehood - the body of
constitutional justice. It should be noted that constitutional review, which is
an important element of the legal culture, was connected with the existence of
constitution, aims at protecting the norms and principles enshrined in the
constitution, including the protection of the constitutional rights and
freedoms of man and citizen, and, in general, has a significant impact from a
qualitative point of view on society and its development. In other words,
constitutional review covers important powers such as the rule of the Constitution
and the protection of human rights and freedoms enshrined in it, the
development of law through the interpretation of legislative norms and the
direction of experience in the application of law.
Thus, one of the other progressive features of the
1995 Constitution was the creation of the institution of constitutional justice
- the Constitutional Court. It should be noted that the Constitutional Court
occupies a special place in the mechanism of state power, in connection with
other branches of government it has more opportunities for influence, even the
resolution of disputes between branches of government is included in the power
of the Constitutional Court. This is to say that the Constitutional Court has
an important place in the mechanism and system of distribution and balance of
power. On the other hand, this structure, verifying the conformity of laws with
the Constitution, commenting on laws, even executing it on the basis of direct
appeal of citizens, generally protects the supremacy of the Constitution
itself.
As known, the main legal characteristic of
constitutions is their stability, in other words, the Constitution is an act
with stable content, designed for long-term activity. The stability of
Constitution is the main condition for the stability of the rule of law, the
organization and implementation of state power, and relations between the
individual, the state and society.
At the same time, the stability of Constitution does
not mean that it is completely unchanged, the process of development of public
relations makes it necessary, if such a need arises, to improve the
constitutions, to make certain additions and changes to them. Thus, the social
relations that formed the regulatory subject of the Constitution at the time of
its adoption, and which is an integral part of these relations, the legal,
political, social and economic situation may change over time.
In this regard, the current trends in the development
of law and the active integration of our country into the family of developed
and modern countries made it necessary to carry out constitutional reforms in
Azerbaijan, to further improve the Basic Law. On the basis of this need, as a
result of the referendums held on August 24, 2002, March 18, 2009 and September
26, 2016, the text of the Constitution was amended accordingly. These changes
served to bring the legal system of Azerbaijan into line with the legal system
of developed countries and the norms of international law, to deepen the
process of democratization in our country, and to better protect human rights
and freedoms.
Thus, in accordance with the referendum act of August
24, 2002 amending the Constitution of the Republic of Azerbaijan, 29 amendments
and changes were made to Article 24 of the Constitution. These additions and
changes are primarily based on the need to develop our society and to improve
our Constitution, the legal system as a whole, as well as to deepen the process
of democratization and better protect human rights. In general, the changes served
to comply with the obligations arising from our country's accession to the
European Convention for the Protection of Fundamental Human Rights and
Freedoms, judicial reforms in our state, as well as the improvement of the
electoral system, and more effective protection of human rights and freedoms.
This referendum also amended the powers of
Constitutional Court and significantly expanded the circle of entities with the
right to appeal to the court. This change, enshrined in the referendum, gave
all courts, citizens and the Ombudsman of the Republic of Azerbaijan the right
to apply directly to the Constitutional Court. According to the content of the
amendment, everyone can lodge a complaint to Constitutional Court about
normative acts of the legislative and executive authorities that violate his/her
rights and freedoms, as well as to acts of municipalities and courts in order
to restore human rights and freedoms.
These complaints, unlike appeals and cassation against
court decisions, are not filed for the purpose of repealing or replacing a
decision in specific cases, but only because acts that violate human rights and
freedoms are considered contrary to the Constitution and laws. The Ombudsman
submits a request to the Constitutional Court in connection with acts that
violate human rights and freedoms, and the courts apply to the Constitutional
Court in connection with the interpretation of the Constitution and the laws on
the implementation of human rights and freedoms.
It should be noted that the institution of the
Ombudsman currently occupies an important place in the protection of human and
civil rights and freedoms in our country. As known, after examination of
complaints, the Ombudsman has the right to appeal to the general court to
restore rights violated as a result of a decision or action (inaction) of the
state or local self-government body, as well as to submit a request to
Constitutional Court about normative legal acts violating human rights and
freedoms, acts of courts and municipalities.
The bilateral cooperation established between the
Constitutional Court and the Commissioner for Human Rights of the Republic of
Azerbaijan contributes to our common cause. In particular, the granting to the
Ombudsman, after the noted constitutional reforms, the power to submit requests
to Constitutional Court in connection with relevant acts violating human rights
and freedoms created a favorable ground for a new stage of our cooperation. As
a result, 19 decisions and 4 resolutions of the Plenum of the Constitutional
Court have been adopted in the past period on the basis of the Commissioner's
requests, important legal positions have been formed aimed at better ensuring human
rights in the framework of the issues raised.
The second stage of additions and amendments to
Constitution began on March 18, 2009 with more than 30 additions and amendments
to 25 articles of the Constitution of Azerbaijan. These changes themselves also
served to improve many provisions of Constitution.
The socio-economic base of the Azerbaijani State has
been further strengthened, its ability to guarantee its citizens in the field
of rights and freedoms and to consolidate the principles of the social State
has been further expanded. The question arose in connection with the
consolidation of all these points in the Basic Law. This, in turn, in the end
meant the development of society. Further strengthening the guarantees of human
rights and freedoms, expanding the content of these rights by changing and
amending the Constitution in such circumstances and other matters, further
improved the Basic Law.
From a legal point of view, innovations that received
serious public support in the referendum, with the aim of bringing many norms
of the Constitution into line with the requirements of the new period,
increased the responsibility of the State in the field of ensuring the rights
and freedoms of citizens, and imposed a number of new legal obligations on the
State.
Over the past 7 years since 2009, large-scale
development in the socio-economic, socio-political and cultural life of
Azerbaijan has shown itself. The country's economy is dynamically developing,
large-scale infrastructure projects, improvement projects are being
implemented, a socially oriented policy and the concept of fundamental economic
reforms are successfully ongoing. All these processes have made it necessary to
further modernize the system of political governance of our country, ensure the
operational activities of economic governance mechanisms, better protect the
rights of citizens and carrying out the next constitutional reforms in this
regard.
Therefore, on July 18, 2016, the President of the
Republic of Azerbaijan, Mr. Ilham Aliyev, signed an order "On sending to
the Constitutional Court of the Republic of Azerbaijan the draft Act of the
Referendum of the Republic of Azerbaijan" On Amending the Constitution of
the Republic of Azerbaijan. " On July 25, a special session of the Plenum
of Constitutional Court was held, at which an opinion was given on the
compliance of the draft Referendum Act with the Constitution.
The Referendum Act was supposed to amend 23 articles
and additions to 6 articles of the Constitution of the Republic of Azerbaijan. Additions
and amendments were intended to improve the foundations that guarantee the
protection of human rights and freedoms; establishment of a mechanism for
effective and operational public administration, strengthening the vertical of
executive power and discipline of execution; Improving economic governance to
ensure the effectiveness and consistency of ongoing economic reforms;
Identification of new requirements for the legislative branch; creation of an
additional guarantee of state security and stability in society. In general,
the changes, based on the fundamental development in the country, covered the
main spheres of society in the modern period.
In this regard, special mention should be made of the
addition to Article 24 of Constitution of the principles of protection and
respect for human dignity, prevention of abuse of rights; Article 25 -
provisions for the protection of the rights of persons with disabilities; Article
32 - the right to inviolability of a person, that is, the creation of a
reliable guarantee of the protection of personal data; Article 36 - prohibition
of the lockout (except in cases established by law) in order to protect the
rights of persons who work on the basis of an employment contract; Article 60 -
additions on strengthening the administrative and judicial provision of rights
and freedoms, as well as other progressive additions and amendments.
Increasing the responsibility of State bodies in
relation to citizens, protecting their rights and freedoms, and consolidating
the principle of proportionality of the State's restriction of rights and
freedoms to the expected result as norms of the Constitution is a manifestation
of the high attention in our country to human rights and their provision.
The fact that Article 60 of the Constitution in
connection with the judicial guarantee of rights and freedoms was given in a
new version, securing the protection of rights and freedoms administratively,
together with judicial protection, an unbiased approach to the case of everyone
and the right to consider the case in administrative execution and trial within
the conceivable time frame, the right of everyone to be heard in administrative
and judicial proceedings is a progressive addition. One of the important
constitutional norms that ensures a more effective and decisive protection of
human rights and freedoms in our country, a more effective functioning of the
judiciary as a whole, prevents possible cases of red tape.
Thus, a popular vote (referendum) held on September 26,
2016, at the initiative of the Head of State, Mr. Ilham Aliyev, in order to
supplement and amend the Basic Law of the Republic of Azerbaijan - the
Constitution served to further strengthen the constitutional guarantees of
human rights and freedoms in the country, improve the activities of democratic
institutions and the system of governance as a whole. The amendments to the
Constitution proposed and supported by the citizens of the country served to
further strengthen the concept of the development of democracy declared by the
Republic of Azerbaijan.
Thus, at present, the Constitution of the Republic of
Azerbaijan is one of the most perfect constitutions, which establishes the most
democratic principles and provisions of the modern period. This Constitution
has sufficiently established the legal basis for the development of a legal,
democratic and constitutional State.
As we have already noted, one of the important
innovations that the Constitution introduced into the state and legal system of
Azerbaijan was the creation of a constitutional supervision body in our
country.
In this context, the beginning of the functioning of
the Constitutional Court of the Republic of Azerbaijan on July 14, 1998, thanks
to the great leader Heydar Aliyev, was a very progressive and important event. The
Constitution of Azerbaijan, based on democratic values, which proclaimed the
protection of human and civil rights and freedoms as the highest goal, defined
the important role and place of Constitutional Court, which ensures the
mechanism of constitutional supervision and the supremacy of Constitution, in
the system of state power.
The main purpose of the Constitutional Court of the
Republic of Azerbaijan, which is the highest body of constitutional justice, is
to ensure the supremacy of the Constitution and to protect the rights and
freedoms of everyone enshrined in the Basic Law. The Constitutional Court
implements these goals by decisions adopted within the framework of the powers
granted to it by the Constitution and laws, and contributes to the development
of the national legal system of our country.
A special place among the basic powers of the
Constitutional Court is occupied by the verification of the conformity of
normative acts of the legislative and executive bodies of municipal and
judicial acts with the Constitution and an acts with higher legal force,
verification of compliance of non-effective interstate and intergovernmental
treaties of the Republic of Azerbaijan with the Constitution and the law,
interpretation of the Constitution and laws, resolution of disputes related to
the distribution of powers between the legislative, executive and judicial
authorities.
The Constitutional Court is of a different nature than
the judicial bodies that form part of the judiciary, it is not a continuation
of the general judicial bodies, another court. This difference is most
pronounced in connection with the decisions of the Constitutional Court. Through
adopted decisions, Constitutional Court ensures the direct legal force of
Constitution, repeals acts, that are not in conformity with Constitution, and
eliminates gaps in the legal system and law enforcement practice.
It should be noted that Constitutional Court ensures
the supremacy of Constitution and laws by means of powers to verify the
conformity of normative legal acts with Constitution and acts with higher legal
force. Thus, when Constitutional Court establishes the inconsistency of the
norm under review or part of it with Constitution or an act with higher legal force,
it declares it invalid. The important point here is that Constitutional Court
considers the norm to be in conformity with the letter and spirit, the
principles of Constitution, and the norms that have lost force due to the
inconsistency of Constitution are excluded from the legislative system.
The interpretation of Constitution and laws, which is
another important power of Constitutional Court, allows the Court, by
explaining the content of a norm, to bring to the attention of law enforcement
its real subject matter of constitutional law and to form a practice of
accurate and uniform application of this norm precisely in accordance with this
meaning. By an official interpretation given by Constitutional Court, the legal
norm, being supplemented from the point of view of modern values, takes a
better form, and the application of this norm in some unconstitutional form
becomes impossible. Thus, with the clarification of the procedure for applying
the norm, the practice of its unconstitutional application in the form of restriction
or expansion is changed. And this, in a broad sense, serves the purpose of
developing enforcement practices in accordance with constitutional law.
It is in accordance with the recommendations of the
great leader Heydar Aliyev that the Constitutional Court today defends the
supremacy of the Constitution.
On the basis of the dictates of the present time, the
Constitutional Court has since its establishment paid great attention to
international relations, strengthening and expanding ties with constitutional
courts of foreign countries and other international organizations.
During our participation in the online IV Congress,
Organized in August this year by the Association of Asian Constitutional Courts
and Equivalent Institutions, which is currently chaired by the Constitutional
Council of the Republic of Kazakhstan, on the theme "The XXI Century Constitution – the
Rule of Law, The Value of Person and The Effectiveness of the State"
presentations were made and discussions were held on topics such as: the role of constitutional review bodies in
ensuring the rule of law; protecting human rights in a pandemic of COVID-19,
protecting democratic values and human rights in a period of digital
transformation; development of the modern state, etc.
At the end of the event, the States participating in
the Congress adopted the Declaration. It should be emphasized that, at the
suggestion of the Constitutional Court of the Republic of Azerbaijan, such
fundamental principles of international law as the territorial integrity of
countries and the non-violation of their borders received support from the
constitutional courts of the member countries and were unanimously included in
the text of the Declaration.
One of the important tasks facing the constitutional
review bodies of democratic States today is the consistent monitoring of
contemporary trends in constitutional justice and their application in the work
of these bodies. It should be borne in mind that the wide application of
international legal instruments related to the protection of human rights and
freedoms in judicial practice is one of the most important mechanisms for the
protection of human rights.
During the period of activity, the decisions adopted
by the Plenum of Constitutional Court formed important legal positions, taking
into account the foundations of the Constitution, its rule and direct force,
the provisions of international legal treaties to which our republic is a
party, as well as the principle of priority of human rights and freedoms.
In the past year, the Court has adopted a total of 443
decisions and 123 rulings, considerable part of which were directly or
indirectly related to the exercise of human rights and freedoms. 179 of adopted
decisions and 94 of rulings were made on the basis of individual complaints,
which in general amounts to 40.4 percent of the decisions adopted by the
Constitutional Court.
In the Decision of the Plenum of Constitutional Court
of August 10, 2020 “On interpretation of Article 2.1.2.6 of the Law of the
Republic of Azerbaijan “On insurance of deposits” in terms of Articles 47 and
48 of the Law of the Republic of Azerbaijan “On Banks” at the request of the
Cabinet of Ministers of the Republic of Azerbaijan in connection with consideration as protected deposits of the deposits
belonging to the status of non-protected deposits by means of changing the date
of involvement of the protected deposits and, the deposits accepted in the
period of prohibition of acceptance of deposits from individuals after
application of the corrective actions by the Central Bank of the Republic of
Azerbaijan and the Financial Markets’ Supervision Authority of the Republic of
Azerbaijan as well as the deposits belonging to the status of non-protected
deposits by means of increasing the amount of the protected deposits and
implementation of operations connected to change of the terms of the existing
deposits and conclusion of acts.
In connection with the request, the Plenum of Constitutional
Court concluded that taking into account Article 12 of the Constitution, the deposits accepted, increased in amount
and changed in terms after application of corrective acts basing upon the paragraph
2.1.2.6 of the Law “On insurance of deposits” as well as the Articles 47 and 48
of the Law “On Banks” shall be considered as protected deposits.
According to Article 944.1 of the Civil Code, a bank deposit agreement is
considered concluded since the moment of the deposit’s being given to the bank
by the depositor and shall be deemed as initial (principal) agreement. The date
of migration of the deposit agreement shall not be considered the date of
conclusion of the bank deposit agreement.
At the same time, the Plenum of Constitutional Court
noted in a number of decisions in connection with the judicial protection of
rights and freedoms, acting as an important mechanism for the effective
exercise of the rights enshrined in the Constitution, as well as provided as a
separate right or guarantee that this right, being among the fundamental rights
and freedoms of man and citizen, acts as a guarantee of other rights and
freedoms enshrined in the Constitution. This right is not limited to recourse
to the courts; it also provides for justice capable of effectively restoring
violated rights and freedoms.
In general, the Constitutional Court protects the
unity of legislative and judicial practice in the protection of human and civil
rights and freedoms through its activities and decisions based on existing
legal instruments. This demonstrates once again that the rule of the
Constitution is indivisible and closely linked to the protection of rights and
freedoms.
As can be seen from the abovementioned, during the 25
years since the adoption of Constitution, wide-scale reforms covering all
spheres of the State and society originate from the Constitution of the
Republic of Azerbaijan, the general principles and directions enshrined in the
Basic Law laid the foundation for achieving sustainable development in our
country in the political, legal, economic, social and other spheres.
Strict compliance with the Basic Law is the basis for
the successful development of the state and civil consent in society. One of
the main tasks before us is to promote our Constitution, study its principles
and provisions by all citizens of Azerbaijan. Consistent and steady observance
of the Constitution by all, bringing all spheres of life of the state and
society into compliance with the requirements of our Basic Law is the sacred
civic duty of each of us.
Today, the Azerbaijani people are going to the future
more confidently, since the President of the Republic of Azerbaijan, Mr. Ilham
Aliyev, is at the head of our state, a worthy continuation of the political
course of the architect of the Republic of Azerbaijan, the great leader Heydar
Aliyev, it is governed thanks to his wise policy.
In recent years, our republic has been at such a
successful stage of development, when the achieved macroeconomic successes make
it possible to carry out reforms in various spheres of society aimed at social
well-being, economic freedom and effective initiative, accompanied by important
changes in the fate of all citizens, which serve to develop the human factor by
deepening democratic reforms. Changes, clearly manifested in the way of life of
citizens, their social well-being, open up good opportunities for an adequate
perception of democratic legal ideals in the public mind, ensuring the rule of
law, human rights and freedoms. Given all this, the President of the Republic
of Azerbaijan, Mr. Ilham Aliyev, has repeatedly said in his speeches that the
formation of an independent judiciary, the implementation of justice in
completely transparent, democratic, objective conditions, and the improvement
of the judiciary from the point of view of maximum protection of human and
civil rights and freedoms are one of the important conditions.
In recent years, under the leadership of the Head of
State, reforms to improve the efficiency of justice have made the judicial
system even more advanced, new courts have been established, the most
transparent procedure for the selection of judges has been established, and
considerable work has been done to modernize the capacity and infrastructure in
this area.
The decree "On deepening reforms in the judicial
and legal system," signed by the President of the Republic of Azerbaijan,
Mr. Ilham Aliyev, on April 3, 2019, is a logical continuation of these reforms.
The recommendations and instructions given in the Decree in the direction of
building the work of the courts in accordance with modern requirements, guiding
their activities with the principles of transparency and openness, improving
the infrastructure, modernizing the mechanisms for the execution of court
decisions, improving the social protection of judges and employees of the
judicial bodies, were a continuation of consistent measures in the field of
institutional capacity-building in the judicial and legal system.
More than a year has passed since the signing of the
Decree. If you pay attention to this period, you can see important changes made
in the framework of the execution of the state document, which is of
exceptional importance for the judicial and legal system of our country, as
well as the legal configuration, changing in a new plan.
The Head of State, who pays attention to the direct
dependence of the adoption of criteria for democratic governance in various
spheres of life on the creation of flexible legal mechanisms, in parallel with
political, social and economic progress, pursues a policy that includes
fundamental changes and updates in the legal system in accordance with the
requirements of the times.
As a logical continuation of these innovations and reforms,
President Ilham Aliyev sent a request to the Constitutional Court in connection
with the appeal put forward by the Political Council of the “Yeni Azerbaijan”
Party on the dissolution of the Milli Majlis of the Republic of Azerbaijan. In
the request, the head of state, in order to make a final decision on the
dissolution of parliament, raised the question of the conformity of the
"dissolution of the Milli Majlis of the Republic of Azerbaijan in the
current conditions" with the Constitution of the Republic of Azerbaijan.
On December 4, at a meeting of the Plenum of the Constitutional Court, Mr.
President's request for compliance with the dissolution of the Milli Majlis
with the Constitution of the Republic of Azerbaijan was examinated and a
decision was adopted.
In the Decision of December 4,2019 the Plenum of the
Constitutional Court came to conclusion that dissolution by the President of
the Azerbaijan Republic of Milli Majlis of the Azerbaijan Republic on the basis
of the Resolution of Milli Majlis of the Republic of Azerbaijan "On the
appeal to the President of the Republic of Azerbaijan on the appointment of
early elections of the Milli Majlis of the Republic of Azerbaijan" of
December 2, 2019 should be considered as corresponding to Article 981.
As known, along with the political and economic
reforms being carried out in the country, the authority of our country in the
foreign arena continues to grow. Thanks to the foreign policy, our country has
formed mutually beneficial cooperation at the level of bilateral relations, as
well as within the framework of international organizations. In general,
independent national development is an important step that increases
Azerbaijan's authority in the system of international relations.
The implementation of strategic projects of a
regional, global nature with the participation of Azerbaijan, which is the
leading state of the South Caucasus region, as well as the further growth of
the authority of our country, the strengthening of bilateral and multilateral
ties are a positive result of foreign policy aimed at protection of national
interests.
In addition, our country is actively involved in
solving crucial issues of a global nature. Here it is necessary to note the
successful chairmanship of our country in the United Nations Security Council
(UN), including the Committee of Ministers of the Council of Europe and the
Non-Aligned Movement.
It should be emphasized that the Non-Aligned Movement
is the largest political platform after the UN General Assembly, where the
world states are represented, uniting 120 countries. This factor alone demonstrates the position and role
of the Movement in the process of regulating modern international relations.
Issues brought up for discussion at important meetings of this institution,
covering two-thirds of the world's states, have a serious impact on the
formation of the agenda of the UN General Assembly.
The Non-Aligned Movement is a kind of political arena
for us from the point of view of strengthening existing international ties, as
well as establishing new bilateral relations and, of course, first of all
bringing to the world public the realities of the Armenian-Azerbaijani
Nagorno-Karabakh conflict. The Bandung principles on which the Non-Aligned
Movement relies, which include respect for the territorial integrity and
sovereignty of States, non-interference in each other's internal affairs,
coincide with the principles of Azerbaijan's foreign policy. For the first
time, a very important new paragraph was included in the Baku Summit Outcome
Document. In this paragraph, the Heads of States or Governments stress the
inadmissibility of the forcible seizure of territories and affirm that no State
shall recognize the legality of the situation resulting from the occupation of
the territories of the Republic of Azerbaijan or render any assistance to the
maintenance of this situation, including economic activities in those
territories. The term "occupier" is directly used here. This means
that 120 states of the world recognize Armenia as an occupier.
Undoubtedly, both the internal and foreign successful
policies of independent Azerbaijan, including its achievements in the
international arena, forced Armenia to regularly resort to provocations against
our state on the border with Azerbaijan and from our occupied lands, in order
to divert the attention of its population from internal problems.
Over time, Armenia's military provocations against
Azerbaijan have assumed a regular character, as a result of another provocation
in July of this year in the direction of the state border with Armenia, our
servicemen and one civilian were killed. In August, an Armenian sabotage group
attempted to cross the contact line.
These provocations were a continuation of the new
invading policy for new territories announced by the adventurist and aggressive
military-political leadership of Armenia.
It should be noted that during the events that took
place in the Tovuz direction of the border between Armenia and Azerbaijan, and
since that time it was known that Armenia was preparing an even larger plan,
and the Tovuz events played the role of preparing for the attack on September
27, 2020.
As known, on September 27, the Armenian armed forces,
in flagrant violation of the ceasefire, subjected to deliberate, targeted and
intensive shelling of the positions of the Armed Forces of Azerbaijan,
stationed in the front zone, and a number of points where civilians live. This
attack forced Azerbaijan, using the right to self-defence, to carry out a
counter-offensive operation with the aim of forcing Armenia to peace,
preventing its provocations, military adventures and an invading policy against
our state.
As a result of the attacks inflicted by the
Azerbaijani army, units of the Armenian armed forces were forced to retreat.
The enemy suffered heavy losses, its military equipment was disabled. The armed
forces of Armenia, faced with defeat at the front, grossly violating the norms
of international humanitarian law, took under the sight of civilians and
civilian infrastructure.
Thus, under the pretext of striking military targets,
the Armenian armed groups, having subjected the territory and civilian
settlements to heavy artillery shelling, continued to commit war crimes against
civilians. Since the beginning of Patriotic War, Ganja, Mingachevir, Barda,
Terter, Agjabedi, Goranboy and other settlements have been subjected to missile
attacks.
The invading Armenian State, which targeted the
civilian population with the use of prohibited special missile systems, in
flagrant violation of the Charter of the United Nations, the norms and
principles of international law, the norms of international humanitarian law,
The Geneva Conventions, in particular the provisions of the Convention relative
to the Protection of Civilian Persons in Time of War of August 12, 1949, The Hague
Convention for the Protection of Cultural Property in the
Event of Armed Conflict of May 14, 1954 and other human rights
instruments continued its aggressive policy and war crimes. These acts are
tactics included in the military training of the armed forces of Armenia, our
people witnessed this vandalism during the Khojaly genocide in February 1992.
As a result of the dirty acts of the enemy's armed
forces and its next heinous and far-from-humanity crime against the Azerbaijani
people, 94 civilians were killed, 407 people were injured, and the civilian
infrastructure was badly damaged.
The Constitutional Court is also making efforts to
inform the world public about the war crimes committed by the Armenian State.
So our Court, having appealed to the bodies of constitutional justice of all
countries of the world in connection with a war crime, committed by Armenia in
Ganja, brought to the attention that in response to successful operations,
conducted by the armed forces of the Republic of Azerbaijan with the aim of
liberating from the enemy occupied Nagorno-Karabakh and the seven adjacent
regions of Azerbaijan for the restoration of the territorial integrity of our
country within the internationally recognized state borders, The armed forces
of Armenia, in violation of international and humanitarian law, attacked the
civilian population with the use of prohibited missiles.
The appeal also notes that civilian objects and
residential buildings located in Ganja, Mingachevir, Terter, Barda, Agjabedi
and other cities and settlements of Azerbaijan were subjected to rocket fire
from the territory of Armenia. Information about the damage caused and the dead
are noted, these facts are regarded as another manifestation of the terrorist
and fascist policy pursued by the military-political leadership of Armenia
against the civilian population.
In addition, the Constitutional Court of the Republic
of Azerbaijan, having applied to all constitutional courts of the world in the
framework of the organizations of the World Conference on Constitutional
Justice, the Conference of European Constitutional Courts, as well as the
Association of Asian Constitutional Courts and equivalent institutions, brought
to their attention Azerbaijani realities.
It is brought to the attention of the constitutional
courts that the decisions and resolutions adopted by the UN, the Council of
Europe, the OSCE, the European Union and other international organizations
openly confirm that Nagorno Karabakh is an integral part of Azerbaijan. In
1993, the UN Security Council adopted 4 resolutions (No. 822, 853, 874, 884) on
the urgent withdrawal of Armenian troops from the occupied territories of
Azerbaijan. However, these resolutions were not voluntarily implemented by
Armenia.
At the same time, in the decision of the European
Court of Human Rights "Chiragov and others v. Armenia" of June 16,
2015, the Strasbourg Court notes that the activity in Nagorno-Karabakh are
taking place under the control of Armenia.
In particular, it is noted that the military
operations of the Armed Forces of Azerbaijan are not directed against the
civilian population and civilian infrastructure. In the operations carried out,
the principles of international humanitarian law and the obligations arising
from the Geneva Convention were respected.
It should also be noted that the President of the
Constitutional Court of the Republic of Turkey, who never weakened his moral
support from the very beginning of the operation by the valiant Azerbaijani
army to restore its territorial integrity, called the chairman of the
Constitutional Court of the Republic of Azerbaijan and condemned the next
military provocations of Armenia against Azerbaijan, said that the staff of the
Constitutional Court of Turkey is saddened by the news of the killing of
Azerbaijani soldiers and civilians by the Armenian invaders, became martyrs for
their homeland, and expressed deep
condolences to the Azerbaijani people. This once again demonstrates that Turkey
is always close to the Azerbaijani people.
As a continuation of Armenian vandalism, the enemy's
armed forces twice attacked Barda with the cluster ballistic missiles
prohibited by international law, with great destructive force, as a result of
which 21 people died, about 70 were injured, civilian infrastructure and
vehicles located in the city caused huge damage. The Constitutional Court,
having appealed to the bodies of constitutional justice of the countries of the
world in connection with the terrorist acts committed by the military-political
leadership of Armenia against the civilian population in the city of Barda,
outlined the realities.
In response to these dirty actions of the Armenian
leadership aimed at breaking the spirit of our citizens, but the Azerbaijani
people demonstrated unity. And this unity, in turn, inspired our army, fighting
on the front lines.
The victorious army of Azerbaijan is among the
strongest armies on a global scale. As a result of the policy of army
construction, successfully implemented by the Supreme Commander, our armed
forces are equipped with the most modern weapons and military equipment. The
Azerbaijani army is far ahead of the enemy army, both in terms of military
equipment and manpower, and has proved its force and might in the just struggle
for territorial integrity on our lands liberated from enemy occupation.
The struggle waged by the Azerbaijani people is a just
struggle, our legitimate cause. Mr. President said about this: "I have repeatedly spoken about this from all
international platforms and I say today that we are on the path of justice. We
must restore our territorial integrity and we will restore it".
Thus, the Armed Forces of Azerbaijan have defended the
territorial integrity of our country in their native land. The international
community recognizes that Nagorno Karabakh is an integral part of Azerbaijan,
our original historical land. Numerous decisions and resolutions adopted by the
United Nations, the Non-Aligned Movement, the Organization of Islamic
Cooperation, the OSCE, the European Parliament and other leading international
organizations, recognizing the territorial integrity of Azerbaijan, openly
consolidate the belonging of Nagorno-Karabakh to Azerbaijan. 4 UN Security
Council resolutions require the immediate, complete and unconditional
withdrawal of Armenian armed forces from our occupied lands. However, despite
the fact that all these noted international acts remained on paper, the
Azerbaijani army, having shown courage and complying with these resolutions,
restored territorial integrity.
As a result of operations based on a well-thought-out
skillful military strategy, the valiant Azerbaijani army, under the leadership
of the Supreme Commander-in-Chief, inflicted crushing blows on the enemy who
seized our ancestral lands, liberated our lands from almost 30 years of
occupation and achieved historical victory.
As a historical result of the war that Azerbaijan
waged within the framework of international law, on November 10th,
Armenia actually signed a military surrender. Thanks to the political will
shown by the head of state, first the Agdam, Kalbajar and Lachin districts, and
then all our occupied lands are liberated from occupation without any loss.
This is a historical victory of the Azerbaijani army. The victorious Supreme
Commander-in-Chief, Mr. Ilham Aliyev, with the valiant Azerbaijani Army,
fulfilled such an honorable and responsible task as protecting the Motherland.
The liberation of the occupied lands and the
restoration of our territorial integrity simultaneously affirm the restoration
of the constitutional rights of citizens and the foundation of the State. Thus,
one of the highest goals declared by the Azerbaijani people when adopting the
Constitution, continuing its centuries-old traditions of statehood, guided by
the principles reflected in the Constitutional Act "On State Independence
of the Republic of Azerbaijan," desiring to ensure the well-being of the
whole society and everyone, the affirmation of justice, freedom and security,
aware of the responsibility to the past, present and future generations,
exercising their sovereign right, consists in the protection, independence,
sovereignty and territorial integrity of the State of Azerbaijan.
According to our Constitution, the territory of the
Republic of Azerbaijan is united, inviolable and indivisible. At the same time,
the return of our citizens, who have been forcibly resettled for about 30 years
from their homes, to their lands will create conditions for the restoration of
their violated property rights. The successful operations carried out by the
valiant Azerbaijani army also laid the foundation for the restoration of the
right of our people to a safe life as one of the fundamental constitutional
rights.
The historical victory achieved today in the return of
our ancestral lands under the leadership of the Supreme Commander-in-Chief, Mr.
Ilham Aliyev, inspires a sense of pride in each of us, and animate more
diligent work in our field.
The entire Azerbaijani people, closely rallying around
the Supreme Commander-in-Chief, Mr. Ilham Aliyev, and together stepping towards
a glorious victory, achieved the raising of the state flag on the lands
liberated from occupation and the restoration of the legal force of the
Constitution of the Republic of Azerbaijan.
Mr. Farhad Abdullayev
Chairman of the Constitutional Court
of the Republic of
Azerbaijan
