How will local self-government be formed in Karabakh? What does the Constitution and legislation say?

According to the reintegration plan announced by the Presidential Administration, the administration in the territories in Karabakh where Armenians live should be conducted through special representative offices of the President of Azerbaijan. Municipalities should also be formed in Karabakh. But so far, there is no municipality in any district of Karabakh, neither the head of the Executive Power nor a special representative has been appointed.

We only know that the commandant of Khankendi has been appointed.

What will or should be the local self-government in Karabakh? What does the Constitution and the current legislation say about this? What is the institute of the commandant? In what case is it created and how is it regulated? What is included in the official powers of the commandant?

For an answer to these questions, ASTNA turned to the chairman of the Public Association of Law and Development, lawyer Hafiz Hasanov.

* * *

Question: According to the reintegration plan announced by the Presidential Administration, the administration of the territories in Karabakh where Armenians live should be conducted through special representative offices of the President of Azerbaijan. Municipalities should also be formed in Karabakh. But so far there is no municipality in any district of Karabakh, neither the head of the Executive Power nor a special representative has been appointed. But what will or should be the local self-government in Karabakh?

Answer: For the formation of sustainable governance in the territories in Karabakh where Armenians live, first of all, the issues of the return of residents who left these territories and their citizenship must be resolved. To this end, Azerbaijan has stated that it is ready to accept the Armenian residents of these territories, guarantees their security and other rights. The reception of applications on citizenship issues, including in electronic form, has also begun. After passing this process, the process of formation of state and local self-government bodies will be carried out.  If at present there are practically no residents in these territories and the issues of citizenship of people living here have not been resolved, then there are no grounds for holding municipalities and forming municipalities. Also, persons represented in the state and municipal service must be citizens of Azerbaijan.

Therefore, I believe that in this case, in the reintegration program, the administration of the territories in Karabakh where Armenians live by the special representative offices of the President is correct. In this case, the administration is probably conducted by the Special Representative Office of the President for the Karabakh Economic Region, and in the future, the creation of special representative offices in the city of Khankendi and other large areas is not excluded.

As for local self-government in these territories, it will be formed in accordance with the legislation of Azerbaijan in the form of municipalities. In this case, the status and activities of municipalities that will be established in these territories will not differ from municipalities operating in other territories of the country.

Question: Does the Constitution and legislation allow to apply in Karabakh the form of government used in Azerbaijan for years? What does the legislation say about local self-government in these areas? Is there a need to make any changes to the Constitution or legislation?

Answer: Yes, the current legislation provides for the application of the same form of government in the territories of Karabakh liberated from occupation as in other territories of Azerbaijan. In this case, the legislation provides for the formation of municipal institutions in the territories liberated from occupation in which Armenians live with the same status as in other territories of the country. If there are any differences in governance in these territories in the future, of course, this will be possible thanks to changes in the Constitution and relevant legislation. However, I do not think that differences in governance are necessary in the territories liberated from occupation, including the territories where Armenian residents live. I believe that if more democratic changes in governance are made, this should spread to the entire territory of the country.

Question: What steps should be taken before the municipal elections are held, and in these territories? Is there a need to divide the land and take other measures?

Answer: As it was noted, the holding of elections in the territories of Karabakh liberated from occupation primarily lies through the return of Armenians and Azerbaijanis living in these territories and the resolution of citizenship issues. And the elections to be held in these territories will be held in accordance with the administrative-territorial division of Azerbaijan, and this administrative division already covers the territories liberated from occupation. There is no need to divide the land. As for other measures, this may be due to certain changes in the formation of electoral districts and election commissions.

Question: The appointment of a Special Representative is within the competence of the President. What does the legislation say about special missions?

Answer: The status and powers of special representative offices are regulated by the Regulation "On Special Representative Offices of the President of the Republic of Azerbaijan", and these institutions are structural subdivisions of the Administration of the President of the Republic of Azerbaijan performing the duties established by this Regulation in the territories liberated from occupation.

The activities of special representative offices include ensuring the development of the relevant territory in accordance with the established goals, coordinating the activities of state bodies and their local subdivisions to achieve goals related to the long-term development of the territory, organizing property protection, rational use of state property, as well as carrying out activities in business, urban planning, construction and other areas, as well as activities on other directions determined by the president.

Special representative offices are formed only in the territories liberated from occupation, and most likely, at a certain stage, after the governing bodies in these territories will work in full force, their activities will be limited.

As for the constitutional foundations of special missions, I believe that there is a discrepancy with the Constitution in the formation of these institutions. Thus, the Constitution does not provide for such an institution of governance in the system of governing bodies and there are no specific norms on this score.  Sometimes opinions are expressed that paragraph 32 of Article 109 of the Constitution allows this. I don't think this argument is justified. Because on the same basis, in the order of execution, a state structure provided for by the Constitution can be created.

Question: A commandant has been appointed in Khankendi.  What are his official powers? Does the appointment of the commandant comply with the law and the Constitution?

Answer: I do not see a contradiction between the Constitution and the law in the appointment of a commandant in Khankendi. As in other occupied territories of Karabakh, Azerbaijan has conducted a local anti-terrorist operation here, and currently there is a paramilitary situation in these territories. The appointment of a commandant here at a certain stage, until the situation reaches normal living conditions, can be considered as a normal phenomenon. But at the same time, I believe that a police department could be organized in Khankendi, and this police body could perform the duties of the commandant.