PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of January 19, 2006 No. 352

About upgrade of judicial system in the Azerbaijan Republic and application of the Law of the Azerbaijan Republic "About modification and amendments in some legal acts of the Azerbaijan Republic"

The main objective of the judicial reform which is consistently carried out after adoption in 1995 of the Constitution of the Azerbaijan Republic consisted in ensuring rule of law in our country, forming of judicial authority as authoritative and independent institute in state mechanism, ensuring protection of human rights and freedoms when implementing justice, in implementation of democratic principles in criminal and civil legal procedure, forming of the professional judicial case, ensuring transparency of activity of the courts and the conceptual solution of other questions.

As a result of the important steps taken at initial stage of judicial reform, the corresponding legislation was brought into accord with international standards, the new three-stage judicial system is founded and for the first time in the history of the country the test method appoints new judges. In the legislation bases of independence of judicial authority and the status of judges, and also the principles of justice inherent in the constitutional state were determined, necessary conditions for activity of the courts are created, material and social security of judges is considerably improved. However as a result of intensive development of economic and social life of our society enhancement of judicial system resides on the agenda. With respect thereto judicial reform was continued and entered new stage, in the last two years at the initiative of the President of the Azerbaijan Republic in development of justice there were qualitatively new changes. For the purpose of enhancement of work of the courts and its reduction in compliance with the international requirements in December, 2004 the Law "About Judicial and Legal Council" was adopted, the thorough changes providing determination of the procedure of selection of judges on the basis of new values, strengthening of disciplinary responsibility concerning the judges who allowed in the activities of abuse, ensuring transparency in work of the courts are made to the Law "About Courts and Judges". As a result of the measures performed for the purpose of ensuring execution of the tasks following from these regulatory legal acts the structure, new on the content, performing functions of self-government of judicial authority - Judicial and legal council was organized, selection process for the first time began the created electoral committee of judges of candidates for vacant judicial positions. At the next stage of upgrade of judicial system creation of new courts for providing in the conditions of social and economic development of regions of needs of the population for legal institutions and legal assistance, elimination of the facts of abuse, the red tape and other shortcomings causing discontent of citizens, increase in efficiency of justice and trust of citizens to courts, simplification of opportunities of the appeal to courts, application in activities of the courts of new information technologies, creation of structure and operation of offices of courts in more optimum form and also the solution of other important issues are provided. For the purpose of upgrade of judicial system and ensuring application of the Law of the Azerbaijan Republic "About modification and amendments in some legal acts of the Azerbaijan Republic", being guided by Item 32 of article 109 of the Constitution of the Azerbaijan Republic, I decide:

1. Organize the following new courts in the Azerbaijan Republic:

1.1. The Baku Appeal Court - in the city of Baku;

1.2. The Ganja Appeal Court - in the city of Ganja;

1.3. The Sumgayit Appeal Court - in the city of Sumgayit;

1.4. Alibayramlinsky Appeal Court - in the city of Alibayramly;

1.5. The Shaki Appeal Court - in the city of Shaki;

1.6. Court of the Nakhchivan Autonomous Republic on cases on serious crimes - in the city of Nakhchyvan;

1.7. The Baku local economic court No. 2 - in the city of Baku;

1.8. The Sumgayit local economic court - in the city of Sumgayit;

1.9. The Shaki local economic court - in the city of Shaki.

2. The local economic court No. 1 to refer to as the Baku local economic court No. 1, local economic court No. 2 - the Ganja local economic court, local economic court No. 3alibayramlinskim local economic court.

3. Recommend Judicial legal to council:

3.1. provide to the President of the Azerbaijan Republic offers on determination of territorial jurisdiction of Appeal Courts of the Azerbaijan Republic, local economic courts, relevant military courts;

3.2. provide to the President of the Azerbaijan Republic offers on establishment of number of judges in again organized courts of the Azerbaijan Republic and increase in number of judges in other courts;

3.3. till October, 2006 to complete assessment of activities of judges of Trial Courts;

3.4. provide to the President of the Azerbaijan Republic offers on candidates for the corresponding positions of chairmen of the courts, deputy chairmen and chairmen of boards which term of office came to end;

3.5. take measures for increase in professional level of judges, ensuring the training of candidates for positions of judges meeting the modern requirements;

3.6. for the purpose of determination of high moral and cultural criteria of implementation of justice to prepare and approve the Code of ethical behavior of judges;

3.7. take serious measures for immediate consideration of the addresses connected with the facts of abuse, corruption and other violations of the law in activities of judges and in the presence of the corresponding bases of involvement of judges to disciplinary responsibility.

4. Recommend Judicial legal to council and charge to the Ministry of Justice of the Azerbaijan Republic:

4.1. analyze organizational matters of activity of the courts, enhance work on maintaining statistics and clerical work in courts, to provide strict observance in the relevant courts of labor and executive discipline, to take measures for elimination of the facts of red tape and the shortcomings existing in question of reception of citizens;

4.2. provide to the President of the Azerbaijan Republic reasonable offers on creation and activities of the Higher school of justice for the purpose of increase in professional level of persons with the higher legal education for appointment them to certain positions in the specialty.

5. Recommend to the Supreme Court of the Azerbaijan Republic, Appeal Courts of the Azerbaijan Republic and the Supreme Court of the Nakhchivan Autonomous Republic, charge to the Ministry of Justice of the Azerbaijan Republic:

5.1. together with Judicial and legal council to analyze question of enhancement of structure and activities of offices of courts and to take adequate measures;

5.2. together with Judicial and legal council to enhance implementation of legal and information support of judicial activities, to provide application in courts of new information technologies.

6. Recommend to the Supreme Court of the Azerbaijan Republic, to Appeal Courts of the Azerbaijan Republic and the Supreme Court of the Nakhchivan Autonomous Republic to organize work on studying of the right of precedent of the European Court of Human Rights and consider it in court practice.

7. Recommend to Prosecutor's office of the Azerbaijan Republic, considering creation of new courts, make corresponding changes to the organization of work on protection of crown case in courts.

8. Recommend Bars of the Azerbaijan Republic, considering creation of new courts, consider question of increase in number of lawyers and take measures for increase in efficiency of the legal assistance given to the population in regions.

9. Charge to the Cabinet of Ministers of the Azerbaijan Republic:

9.1. provide again organized courts of the Azerbaijan Republic with the buildings corresponding to their high status, take measures for the purpose of providing courts with the equipment, means of communication, transport and other accessories to creation of necessary conditions of their activities;

9.2. before appointment of judges of again organized courts of the Azerbaijan Republic to continue financing of activities of Appeal Court of the Azerbaijan Republic, Economic court of the Azerbaijan Republic and Economic court of the Azerbaijan Republic on the disputes following from international treaties;

9.3. in two-month time to prepare and provide to the President of the Azerbaijan Republic offers on reduction of the existing legal acts to compliance with the Law of the Azerbaijan Republic "About modification and amendments in some legal acts of the Azerbaijan Republic";

9.4. provide reduction of regulatory legal acts of the Cabinet of Ministers of the Azerbaijan Republic and the relevant central executive bodies in compliance with the specified Law and inform on it the President of the Azerbaijan Republic;

9.5. within the powers to resolve other issues following from the Law of the Azerbaijan Republic "About modification and amendments in some legal acts of the Azerbaijan Republic".

10. Determine that provided by part two of article 55 of the Law of the Azerbaijan Republic "About courts and judges of" power "of relevant organ of the executive authority of the Nakhchivan Autonomous Republic" the Ministry of Justice of the Nakhchivan Autonomous Republic performs.

11. This Decree becomes effective from the date of signing.

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