“Changing the format will not change the situation”

At the end of last month, at the conference "South Caucasus: Development and Cooperation", held at the ADA University, President Ilham Aliyev said that Azerbaijan is expected to change the existing governance structure - the system of local Executive Power.

The President noted that the structure of the Executive Power was created during the collapse of the USSR and did not live up to expectations. The President especially touched upon the arrest of the head of the Executive Power close to him. He noted that at present special representatives have been appointed to him in Karabakh, and if this new system successfully passes the tests, it will be introduced in the country.

Some experts believe that the president's speech is an announcement of new constitutional reforms. Can Azerbaijan really go for a new system of governance and constitutional reforms?

Chairman of the Public Association "Center for Law and Development" Hafiz Hasanov answered ASTNA's questions on this topic.

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Question: At the conference "South Caucasus: Development and Cooperation" held at the ADA University, the President said that Azerbaijan is expected to change the existing governance structure - the system of local Executive Power. It turns out that in the near future the structures of the Executive Power can be abolished and replaced by special representatives appointed for economic regions?

Answer: In the states formed on the basis of the principles of the rule of law, local government belongs to self-government bodies - municipalities, which are generally closer to the population. Although we have formally created municipalities, in fact, local government, one might say, has been completely transferred to local executive bodies. Today, the powers, functions and funding of local executive authorities, whose powers and activities are regulated by the Regulations approved by the Decree, are immeasurably higher than those of municipalities, whose activities are regulated by more than 20 laws. Currently, in the system of separation of powers, executive power extends from the highest executive power to the local level and even to rural territorial units. I think that the Executive Power should be limited to the regional bodies of the Executive Power, and these governing bodies can be created in the existing 14 regional economic regions.

Question: People called the Heads of the Executive Power “little padishahs”. At the same  conference the President noted that the structure of the Executive Power was created during the collapse of the USSR and did not live up to expectations. In your opinion, what will the liquidation of the structures of the Executive Power and their replacement with a new structure change? Won't this lead to the fact that the number of "little padishahs" will decrease (to 14, according to the number of economic regions), but they themselves will grow up and continue to act as before? Will their essence change?

Answer: Yes, local executive authorities were created after the collapse of the USSR and subsequently, the existence of these institutions was reflected in the Constitution. However, the heads of the local executive authorities carried out local government in the same way as the secretaries of the district committees. That is, the Soviets were abolished, but the attitude towards management did not change. The fact that today the heads of local executive authorities behave like “little padishahs” is due to three factors: the absence of accountability to the local population, the empowerment of local government in accordance with the Regulations “On Local Executive Power” with unlimited powers and an atmosphere of impunity. I think that the organization of regional management in the format of 14 economic regions against the background of these 3 factors will not change the situation.

Question: Some experts believe that the president's statements at the conference may be an announcement of a new constitutional reform. Is it possible in the near future to decide on a referendum to move to a new stage of government? As well as local governments - municipalities and newly created structures (special representatives of the president). How should they be regulated so that these two institutions do not obstruct each other?

Answer: Naturally, if some reforms are carried out in local government, then first of all it will be necessary to make appropriate changes to the Constitution. This will require the exclusion from the Constitution of the provision on local bodies of the Executive Power, and if institutions of regional bodies of the Executive Power are created, then the inclusion in the Constitution of a provision on this and on the institution of Special Representatives. In addition, it is necessary to include local governments in the system of state authorities. All this makes it necessary to hold a referendum on amendments to the Constitution.

According to the Regulations “On special representations of the President of the Republic of Azerbaijan”, special representations are a structural subdivision of the Presidential Administration in the territories liberated from occupation. Their responsibilities include ensuring the development of the relevant territory in accordance with the established goals, coordinating the activities of state bodies (structures), their local divisions to achieve goals related to its prospective development, organizing the protection of property in the relevant territory, rational use of state property, as well as the implementation activities in business, urban planning, construction and other areas.

It follows from this that special representations are not local authorities, but representations of the highest Executive Power, that is, the President, in these territories. But its functions are local matters. That is, there is a discrepancy here: the supreme Executive Power carries out tasks belonging to local authorities. It is also the centralization of power. Although the rule of law should be built on the principle of greater decentralization of power.

In this regard, there is currently a clash of powers and functions of special representations with local executive bodies and municipalities, both legally and de facto.

Question: There is an opinion that constitutional reforms will be required to strengthen and improve local government, and in this case, it will be necessary to restore the proportional electoral system, increase the number of members of the Milli Majlis. Is this expected?

Answer: In this situation, the direction of the discussions gives reason to believe that if there are reforms in governance, they will occur in local government. Here, in general, the division of powers in the executive branch, between the executive and legislative branches, and other similar issues have not yet become a subject of discussion in the context of management reforms. Among such issues is the discussion related to the increase in the number of members of the Milli Majlis. Today, I also believe that there is a need to increase the number of members of the Milli Majlis, and elections to this body should be held at least half by majoritarian and half by proportional electoral systems. Naturally, all this is possible by holding a referendum on amendments to the Constitution.

Question: What do you offer? What needs to be done to reform governance?

Answer: This is a subject of extremely wide discussions. Briefly, I can express my opinion as follows - fundamental reforms are needed in the management system. But for this, first of all, the attitude to management must change, and management must be formed on the basis of democratic principles.

First of all, a significant imbalance between the branches of government in favor of the executive should be eliminated. That is, a democratic balance must be ensured between the executive, legislative and judicial powers. Suffice it to say that paragraph 32 of Article 109 of the Constitution, which defines the powers of the president, gives him, as the head of the highest executive power, significant uncertain powers.

As for the reforms related to local government, I think that regional executive bodies should be formed in 14 economic regions. In local government, local executive bodies should be liquidated and local government should be completely transferred to municipalities. Municipalities should be endowed with the status of local public authorities.