Is there a secret preparation for a referendum?

Baku/27.05.22/Turan: In recent days, there have been reports in the media that the Azerbaijani government is preparing for a referendum on amendments to the Constitution. In particular, BBC News wrote in the Azerbaijani  language, citing sources, that the Azerbaijani government is preparing for a referendum on amendments to the Constitution.

According to the publication, former members of some Precinct Electoral Commissions, who participated in various elections at one time, who wished to remain anonymous, also confirmed the information about “secret preparations” for the referendum. According to the same sources in Baku, Ganja, Shamakhi and Mingachevir, local authorities called them in and instructed them to “open a bank card in their name” in order to become the chairman of the precinct or assistant chairman in the referendum. The main reason for this is that three months before the election, they should be "officially paid a monthly salary."

It should be noted that over the past year, talks about a referendum have been on the agenda more than once.

Is the government really preparing for a referendum? And if there is a referendum in the near future, why is the government trying to keep it a secret?

The head of the public association "Law and Development" Hafiz Hasanov answered these and other questions in the "Difficult Question" program.

In his opinion, the changes should have been made earlier. "These changes could have been made during the referendums held in 2002, 2009 and 2016," the lawyer said.

According to him, the changes should be aimed at restoring the balance between the branches of government (executive, legislative and judicial).

“I believe that the uncertainty in the distribution of powers between the executive power and the legislative power in the Constitution has led to the fact that the solution of a number of issues related to the powers of the parliament (Milli Majlis) was indirectly transferred to the executive power. Taking advantage of this, the Executive Power appropriated too many powers,” Hasanov said.

In particular, he noted that in paragraph 32 of  the Article 109 of the Constitution of the country that defines the powers of the Milli Majlis, after their enumeration, the expression follows: "In the executive order decides other issues that are not referred by this Constitution to the jurisdiction of the Milli Majlis and the judiciary of the Republic of Azerbaijan."

“This norm is completely unacceptable and its inclusion in the Constitution is completely wrong. It is this point that most of all contributes to the imbalance between the branches of power. This creates the prerequisites for establishing control over the judiciary, as well as the practice in which the head of the executive branch begins to resolve issues that, in essence and content, should be decided by the legislature. Therefore, this article should be removed from the Constitution,” Hasanov is convinced.

Touching upon the prospects for the creation of municipalities, the lawyer noted that Azerbaijan is a democratic state and, as such, needs a certain decentralization of power.

“On the ground, as a local authority, it is necessary to form municipalities - local self-government bodies with the status of state bodies,” he believes. –0—