President of the Republic of Azerbaijan signed a decree on deepening reforms in the judicial system. When it is talked of the decree, doubts occur regarding the judicial competence of those in charge of their development. In spite of the fact that main expectations lie in the prevention of interference with operation of courts and strengthening of their independence and struggle against corruption in this system, the decree provides for specific mechanisms to resolve the issues. For instance, the decree contains no recommendations on public declaration of income and property of judges. In a word, the decree raises questions but fails to give answers to the current issues.
1. The first question - title of the decree. One may ask, when have the reforms started to get deepened now?
2. The decree provides for the establishment of a specialized court to thus make entrepreneurs" access to courts easier and draw judges with profound knowledge and experience in the sphere of entrepreneurship disputes. Two questions arise here. First, what will judges do if they have no profound legal knowledge and experience? Second, what"s the sense of instituting a separate court for settling disputes concerning subjects of entrepreneurship, mainly in civil relations? More effective instead would be a mechanism of the creation of an independent ombudsman institution on investment protection.
3. The decree says that appropriate bodies of executive power must submit their proposals to the President of the Republic of Azerbaijan within six months to thus enhance the effectiveness of legal proceedings over civil and economic disputes relating to the entrepreneurship. The point is that if proposals in this area will be developed within six months, on what grounds does the decree provide for the establishment of specialized entrepreneurship courts?
4. The decree specifies that the Supreme Court and General Prosecutor"s Office of the Republic of Azerbaijan have been instructed to work out and submit appropriate bills to the president of the Azerbaijani Republic within three months for continuation of measures aimed at humanizing the criminal policy and decriminalizing crimes. The question is that if the bill is considered by the President, why is it there the Parliament made of 120 MPs?
5. The decree stipulates that the Cabinet of Ministers of the Republic of Azerbaijan should work out and submit to the President the draft regulations to ensure exact prediction and centralized account of necessary funds from the budget of the Law Society of the Azerbaijani Republic for the current and subsequent years to render juridical assistance. Two questions arise here. First, why haven"t budgetary expenditures on this account been prognosticated accurately? Second, what"s the nature of reforms in terms of funds allocated by the Bar Association of the Republic of Azerbaijan to render legal aid at the expense of the state?
As a whole, it is impossible to resolve fundamental issues in the judicial system by means of proposing technical changes only. In all probability it is not the purpose of the decree. The decree aims to create the appearance of all-embracing progress, particularly reforms in the judicial system of Azerbaijan.
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