Qarabağda yerli idarəetmə necə qurulmalıdır? Konstitusiya və qanunlar nə deyir? – Ələsgər Məmmədli saat 16:00-da Çətin sualda

Baku/20.10.23/Turan: In the ever-evolving situation  of post-conflict Karabakh, questions loom large regarding the governance of territories inhabited by Armenian residents. A reintegration plan, disseminated by the presidential administration in Azerbaijan, suggests that the management of these areas should be overseen by special representatives of the President, while the formation of municipalities in Karabakh is also on the agenda. However, as of now, no municipalities exist in any of Karabakh's districts, and neither the heads of the Executive Authorities nor special representatives have been appointed. The sole known appointment thus far is that of a commandant in Khankendi.

Alesker Mammadli, a lawyer, delves into the complexities of this situation and seeks to shed light on the state of local self-government in Karabakh in the "Difficult Question" program. He points out that Azerbaijani President Ilham Aliyev approved the establishment of special representations in the territories liberated from occupation on February 4, 2021, aiming to expedite the region's restoration. These special representations constitute a structural component of the presidential administration and encompass all the liberated territories, except Shusha, forming the Karabakh economic region.

Mammadli underscores that, according to Article 124 of the Constitution of Azerbaijan, local executive power is exercised by the heads of local executive power during peacetime, and their appointment and dismissal fall within the President's purview. The President also determines the powers of local executives.

In cases of martial law, the institution of the Commandant comes into play, as explained by Mammadli. Article 14 of the Law of the Republic of Azerbaijan "On the State of Emergency" stipulates that when a state of emergency is declared on grounds specified in Article 2(b) of the same law, the President of Azerbaijan may entrust the Ministers of Internal Affairs, National Security, and Defense with creating a joint operational headquarters and appointing a commandant for the affected territory.

However, the current situation does not fall under martial law, suggesting that a different context may apply, potentially a "social emergency regime" in Karabakh. Mammadli points out that on February 1, 2023, the Azerbaijani National Assembly (Milli Majlis) introduced a new chapter to the law "On the State of Emergency" titled "The Regime of an Emergency Environment of a Social Nature."

This new category, "an emergency environment of a social nature," encompasses situations arising from emergencies across Azerbaijan that could result in a disruption of living conditions for the population, including loss of life, substantial damage to public health, property, or the environment. Importantly, it does not warrant the imposition of a state of emergency.

Mammadli acknowledges that the specific details of governance and the potential role of commandants in this "emergency environment of a social nature" remain uncertain, leaving crucial questions unanswered.

As Karabakh navigates its path to recovery and normalization, the intricacies of local governance and the roles of key officials like commandants raise complex legal and logistical challenges, underscoring the need for clarity and adaptability in responding to the unique circumstances of the region.