The legitimate arrangement of Azerbaijan depends on common law. As the nation was a republic of the Soviet Union until 1991, its lawful history has additionally been impacted intensely by communist law. Be that as it may, after the crumple of the Soviet Union, Azerbaijan ended up autonomous by order of the sacred demonstration of national autonomy on October 18, 1991. Azerbaijan began reorganization of the legitimate framework by the building up of fair changes. This was trailed by the selection of the primary Constitution in 1995 which is the establishment of the authoritative arrangement of the cutting edge nation. The Constitution makes the arrangement of presidential republic with a detachment of forces among the Legislative, Executive and Judicial branches of the administration so as to avert manhandle of energy.
The term common law in Azerbaijan alludes to private law, which is against the precedent-based law arrangement of Criminal law and Civil law. The significant assemblage of statutes and laws overseeing common law and system are set out in the Civil Code of Azerbaijan, built up in December 1999.
The present Criminal Code of Azerbaijan came into compel in September 2000, supplanting the more seasoned Criminal Code of 1960 which had been founded on the standards of Soviet law. Article 1 of the Criminal Code expresses that “the Criminal enactment of the Republic of Azerbaijan comprises of this Code. New laws characterizing criminal obligation are liable to incorporation in this Code”; this is normal for common law legitimate frameworks, for example, France and Italy. In 1998 Azerbaijan was the primary nation in the Orient to nullify the capital punishment.
Wellsprings of law
Not at all like precedent-based law frameworks, for example, the United States and United Kingdom, Azerbaijani courts don’t depend widely on case law and legal point of reference. Aside from choices of the Constitutional Court of Azerbaijan, choices of the courts are not generally considered a wellspring of law. The wellsprings of law in the Azerbaijani lawful framework are:
The Constitution of Azerbaijan.
Acts embraced by means of choice.
Laws go by the National Assembly of Azerbaijan, Azerbaijan’s governing body.
Resolutions of the Cabinet of Ministers.
Universal settlements to which Azerbaijan is a gathering.
The Supreme Court of Azerbaijan is a preeminent legal body on common, criminal and different cases identified with the execution of general and concentrated courts. The Constitutional Court of Azerbaijan is the preeminent assemblage of established equity on the issues credited to its ward by the Constitution, with expert to translate and apply the Constitution of Azerbaijan.
The 1995 constitution accommodates open trials much of the time, the assumption of honesty in criminal cases, and a respondent’s entitlement to legitimate insight. The two respondents and prosecutors have the privilege of bid. Practically speaking, be that as it may, the courts are politically situated, appearing to ignore the administration’s human rights infringement. In July 1993, Heydar Aliyev removed the Supreme Court boss equity on account of charged political loyalties to the restriction. The president specifically names bring down level judges. The president likewise delegates the Constitutional Court and Supreme Court judges with affirmation by the governing body. Prosecutors (procurators) are named by the president with affirmation by the assembly. The pastor of equity sorts out prosecutors into workplaces at the region, metropolitan, and republic levels. The constitution gives approach status to prosecutors and resistance lawyers under the steady gaze of the courts, yet by and by the capture and investigatory forces of the prosecutors have prevailing impact under the steady gaze of the courts. Judges will frequently remand a case for assist prosecutory examination instead of render a guiltless decision. Examinations frequently depend on acquiring admissions as opposed to on social affair prove.
The Azerbaijan government’s human rights record is poor, albeit some open approach talk about is permitted and human rights associations work. The administration confines flexibility of get together, religion, and affiliation. Various instances of self-assertive capture, beatings (some subsequent in passings), baseless inquiries and seizures, and other human rights mishandle are accounted for. Political oppositionists are hassled and captured, and there are many political detainees in Azerbaijan. The contention amongst Armenians and Azerbaijanis added to broad human rights infringement by the two sides. Some restriction daily papers are permitted to exist.
Subsequent to picking up of freedom Azerbaijani lawful framework has experienced essential changes. A vital piece of the legitimate changes in the nation is identified with selection of another Constitution in Azerbaijan in 1995. Since that Constitution was changed three times in 2002, 2009 and 2016. Selection of the Constitution has been trailed by changes identified with dynamic administrative acts, for example, “The Law on Constitutional court”, “The Law on Courts and Judges”, “The Law on Police”, “The Law on Operational-investigational action”, Law Judicial Legal Council, Criminal and Civil Procedure Codes and so on. Additionally, there have been made various amendements to the Civil Code, the Code of Civil Procedure, the Criminal Code, the Code of Criminal Procedure, and so forth.
Lawful changes presented new three phase – first occurrence, appelate and incomparable court framework in Azerbaijan and guaranteed its freedom from different branches of energy. At introduce, there are area (city) courts goes about as the principal level of jurisdictional courts, military courts and nearby regulatory monetary courts as regional jurisdictional courts, likewise Court of Azerbaijan Republic on Felonies and Court of Azerbaijan on Grave Military Crimes.
The Supreme Court of Azerbaijan Republic is cassation level of purview and comprises of 4 chambers – Civil Chamber, Criminal Chamber, Military Chamber and Administrative-Economic Chamber. Court hearings are open, and respondents are allowed to pick their own lawyer and have the privilege to request the decision. In cases including national security or other characterized by law a judge may choose to hold a shut trial.
Azerbaijan as an individual from the Council of Europe ratificated European Convention on Human Rights . Further, Azerbaijani people, gathering of people and non-legislative associations can allude cases to the ECHR.