Special representatives of the president: Who are they?

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-  Ilham Aliyev signed a decree on special representatives of the President of the Republic of Azerbaijan in the territories liberated from occupation. Is this a new management model? What do the special presidential representatives mean? What are their powers?

- The legal status and nature of the president's special missions at the current stage are not entirely clear.  The Regulation on these special missions is not yet ready. In this sense, we do not know the scope of their powers. Simply, it follows from the preamble of the decree on the establishment of special missions that these special missions are created in order to accelerate construction, restoration and reconstruction work in the territories liberated from occupation, to strengthen the coordinated activities of state bodies (structures) and other organizations for this purpose.

The Article 3.1 of this decree reads that a special mission is a person who represents the president and operates within the territory determined by the president. It follows that special representations are not a substitute for the traditional local executive authorities of Azerbaijan within the regions and cities. In accordance with the preamble of this Decree and the corresponding provision, special missions are created on a temporary basis for a specific purpose (increasing the efficiency of infrastructure work in the territories liberated from occupation and taking this process under the control of the president) until this goal is achieved.

We will learn later what their status will be at the next stage.

Therefore, special envoys are created on a temporary unified basis to oversee the infrastructure in the liberated territories, representing the president within the territorial boundaries that he defines, and their powers are currently unknown, since the Regulation on their activities has not yet been adopted. According to the Decree, the administration must prepare a draft Regulation within 15 days from the date of adoption of the decree.

- It turns out that in the territories liberated from the occupation, the leadership will be entrusted to special representatives. What will then be the task of the heads of the executive power? Will not this lead to a clash of powers?

- As I said, we will know the answer to this question when the Regulations are ready. At this stage, it is clear from the preamble of the decree that the executive bodies will continue to carry out the traditional tasks assigned to them; and the special missions will control the infrastructure work as representatives of the president.

-In addition to the heads of the executive branch, there will also be heads of municipalities who are elected bodies of local self-government. How will responsibilities be divided?

- The distribution of powers between executive bodies and municipalities is determined by the Constitution, the Regulations on local executive bodies, and the law on the status of municipalities. In this regard, the powers of special missions should not interfere with their powers. In addition, as I said, these issues will become known after the approval of the Regulation on Special Representations.

-What does the legislation and the Constitution say about the creation and appointment of special presidential representatives?

-In accordance with Article 124 of the Constitution, local executive power is assigned to the heads of local executive bodies. The heads of local executive bodies are appointed and dismissed by the president, who also determines the scope of their powers. However, the special missions were created in accordance with the discretionary powers of the President provided for in paragraph 32 of Article 109 of the Constitution. In this regard, the President has the powers under which he can establish such a structure for temporary purposes in accordance with paragraph 32 of Article 109 of the Constitution.

- What would you suggest as a new management model? What is the best model? Cannot these three governing bodies be combined and a perfect governing body be created instead?

-Even in the current situation, I do not see any objective grounds for the establishment of a new structure. From this point of view, I believe that infrastructural work could be carried out within the framework of the existing structures in the territories liberated from occupation. I believe that the powers of the existing structures are sufficient to carry out such infrastructure work. However, since the government does not provide detailed information on the situation, it is difficult to express a final position on this issue. In any case, the question of creating such a body (special missions), regardless of the presence or absence of an objective need for this, is constitutionally discretionary power of the President in accordance with paragraph 32 of Article 109 of the Constitution. He may establish such a body if he deems it appropriate.