Azerbaijan legal system

The legal system of Azerbaijan is based on a continental legal tradition. As a country, until 1991 it was part of the Soviet Union , its legal system also largely experienced the influence of socialist law ^[1] .

Criminal Law

The current Criminal Code of Azerbaijan entered into force in September 2000 , replacing the old Criminal Code of 1960 , which was based on the principles of Soviet law ^[2] . Article 1 of the Criminal Code states that "The criminal law of the Republic of Azerbaijan consists of this Code. New laws defining criminal liability shall be included in this Code."; this is characteristic of the Roman-German legal family , as in France and Italy ^[2] .

The Code of Criminal Procedure of the Republic of Azerbaijan (CCP AR) is the main source of criminal procedure law that establishes and regulates the criminal procedure in the territory of the Republic of Azerbaijan. This is a codified regulatory act , which is the main source governing the procedure for criminal proceedings in Azerbaijan.

The current Code of Criminal Procedure of the Republic of Azerbaijan was adopted on July 14, 2000 and entered into force on September 1, 2000.

According to paragraphs. 2 tbsp. 2 of the Code of Criminal Procedure of the Republic of Azerbaijan , universally recognized principles and norms of international law and international treaties of the Azerbaijan Republic are an integral part of the legislation of the Azerbaijan Republic regulating criminal proceedings. If other rules are established by an international agreement of the Republic of Azerbaijan than those provided for by the Code of Criminal Procedure of the Republic of Azerbaijan, then the rules of the international agreement are applied.

Sources of Law

Unlike common law countries, such as the United States and the United Kingdom, Azerbaijani courts do not rely heavily on case law and judicial precedent ^[3] . With the exception of decisions of the Constitutional Court of Azerbaijan, court decisions, as a rule, are not considered as a source of law. The sources of law in this legal system are: ^[4]

Constitution of Azerbaijan
Acts adopted by referendum
Laws adopted by the National Assembly of Azerbaijan, the legislative body of Azerbaijan
Decrees
Cabinet Resolutions
International treaties to which the Republic of Azerbaijan is a party

The Constitution of the Azerbaijan Republic is the highest normative legal act of the Azerbaijan Republic. Adopted by popular vote on November 12, 1995. Entered into force on November 27, 1995. The Constitution of the Republic of Azerbaijan has the highest legal force, enshrining the foundations of the constitutional system of Azerbaijan, the state system, the formation of representative, executive, judicial authorities and the system of local self-government, human rights and freedoms.

Despite the fact that human and civil rights are the highest value in accordance with the Constitution of Azerbaijan, the constitution of Azerbaijan allows their restriction. Based on Art. 71 of the Constitution of Azerbaijan, such restrictions must satisfy the following requirements:

restriction of rights should not reach such a size that it would be possible to talk about the abolition or even belittling of individual human and citizen rights, implying
legislative establishment in the sphere of relevant rights and freedoms of a measure of freedom less than necessary from the point of view of the main content of these rights and freedoms;
no restrictions on the rights and freedoms of man and citizen can be made on the basis of by-laws;
An exhaustive list of grounds for limiting the rights and freedoms of man and citizen is “protection of the foundations of the constitutional system, morality, health, rights and legitimate interests of others, ensuring the country's defense and state security”;
restriction of rights and freedoms should not exceed the minimum necessary measure, allowing to realize the goals specified in the previous paragraph;

Otherwise, the restriction of human rights and freedoms is considered unconstitutional.

Judicial system

The Supreme Court of Azerbaijan is the highest judicial body in civil, criminal and other cases related to the functioning of courts of general jurisdiction and specialized courts. The Constitutional Court of Azerbaijan is the highest body of constitutional justice on issues related to its consideration of the Constitution, the right to interpret and apply the Constitution of Azerbaijan .

The 1995 constitution provides for open trials in most cases, the presumption of innocence in criminal cases , and the defendant's right to a lawyer. Both the defendant and the prosecutor are entitled to appeal. In practice, however, the courts are politically oriented and ignore human rights violations by the government. In July 1993 , Heydar Aliyev ousted the Chief Justice of the Supreme Court for allegedly political loyalty to the opposition. The president himself appoints lower level judges. The President of the country appoints the judges of the Constitutional Court, the Supreme Court and prosecutors for the confirmation of the legislative body. The Minister of Justice appoints prosecutors at the district, local, and republican levels. The constitution provides for equal status for prosecutors and lawyers in the courts, but in practice, the powers to arrest and investigate the prosecution have a dominant influence in the courts. Courts more often return the case for an additional investigation by the prosecutor's office, and do not pass a sentence on those not guilty. The investigation is more often based on obtaining evidence, rather than on gathering evidence.

The situation with human rights in Azerbaijan needs to be improved, although some public discussions of issues of socio-political life are allowed and human rights organizations are functioning. The government restricts freedom of assembly, religion, and association. Numerous cases of arbitrary arrests, beatings (even fatal in some cases), unreasonable searches, as well as other human rights violations are known. Political opposition is being persecuted and arrested, and there are dozens of political prisoners in Azerbaijan. The conflict between the Armenians of Nagorno-Karabakh and Azerbaijanis contributed to the widespread violation of human rights on both sides. However, some opposition newspapers have a right to exist. Ethnic Lezghins and Talysh complain of human rights violations, such as restricting educational opportunities in their native languages.