November 12 - Azerbaijani Constitution Day

Baku / 12.11.20 / Turan: On November 12, Azerbaijan celebrates a public holiday - Constitution Day. On this day in 1995, the main law of the country was adopted at a popular referendum.

The Constitution of Azerbaijan consists of 5 sections, 12 chapters and 158 articles. The first additions and changes to the Constitution were made on August 24, 2002. Additions and changes were also made to the country's Basic Law after the referendums on March 18, 2009 and September 26, 2016.

On August 30, 1991, the Supreme Council of Azerbaijan adopted a declaration on the restoration of state independence. "However, this document did not create the necessary legal basis for independence, since a referendum on the preservation of the USSR was held in March of the same year. In Azerbaijan, its results were distorted, and the people allegedly voted for the preservation of the republic within the USSR. That was not based on the will of the people," said lawyer Fuad Agayev.

 After the failure of the coup in August 1991, Azerbaijan, like other republics, declared its independence. At that time, two independence bills were presented to parliament. One was prepared by the authorities under the leadership of Shahin Aliyev, and the other was prepared by the leader of the National Independence Party, Etibar Mammadov, and lawyer Fuad Agayev. Parliament recommended preparing a draft Constitutional Act on independence using both options. After the adoption of the Constitutional Act by the parliament, it was approved in a referendum," explained lawyer F. Agayev.

In an interview with Turan, he assessed the state's implementation of the Constitution of Azerbaijan. F. Agayev believes that in some important issues the text of the Basic Law is abstract, which gives the authorities the opportunity to manipulate, breaking laws.

The Constitution of Azerbaijan prohibits the deployment of a military base of another state on the territory of the country. Moreover, since May 2011, the country has been a member of the Non-Aligned Movement, an international organization uniting 120 states of the world on the principle of non-participation in military blocs.

But on November 10, 2020, the President of Azerbaijan signed an agreement with Russia on the deployment of an armed Russian military peacekeeping contingent in the amount of 1,950 soldiers and officers in Karabakh.

Can we talk about the violation of the Constitution by the Azerbaijani state?

Human rights activist AnarMammadli, in an interview with Turan, drew attention to regular violations of the basic law in terms of the implementation of citizens' freedoms, justice of courts and property rights. The Azerbaijani constitution complies with European legislative norms, but the state violates the fundamental law and society cannot oppose this. The mechanisms for protecting the Constitution from violations by the state are unclear. The Milli Mejlis and the Constitutional Court did not become the defenders of the Constitution in Azerbaijan, Mammadli said.

He cited the example of the introduction of an almost two thousand contingent of the Russian army into Azerbaijan on November 10, 2020, although Article 9 of the Constitution prohibits the creation of foreign military bases in the country.

"Before giving permission for the introduction of the Russian military, the central government had to clarify the status and mandate of these forces, discuss and obtain permission in the Milli Mejlis. But this was not done," the expert said. 

Milli Mejlis deputy Asim Molladade does not see any shortcomings in the current Constitution, believing that it is in full compliance with the state's well-functioning institutions. There is no need to make additions and changes to the text of the Basic Law, he said for Turan.

He demonstrated the effectiveness of the state on the example of the victory of the Azerbaijani army over Armenia. Our army has implemented the UN Security Council resolutions and OSCE decisions on this occupied territory. The army of Azerbaijan forced Armenia to peace. In light of the liberation of territories in Karabakh, there is also no need to change anything in the Constitution. Further stages of restoring peaceful life in Karabakh will also be decided with the participation of our army.

As for the appearance of Russian peacekeepers in Azerbaijan, the limited military contingent, the time of stay of which in Azerbaijan is clearly established and depends on the will of the country, cannot be considered a foreign military base. Russian servicemen will not infringe on the rights of Azerbaijani citizens and the territorial integrity of the country, including because the actions of these forces will be monitored in the Information Center with the participation of Turkish servicemen, MP A. Mollazade noted.

"The presence of the Russian military contingent in Karabakh is useful for Azerbaijan, since the recent events in Yerevan show a high probability of exacerbations not only in Armenia, but also in Karabakh. Armenian attacks on the authorities, military personnel are possible, and therefore the presence of Russian peacekeepers will have a calming effect on the opponents of a peaceful life in the region ", added the deputy.–0-----