Judiciary Of Azerbaijan
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Judiciary Of Azerbaijan
The Judiciary of Azerbaijan exercises judicial power separately from the legislative power of parliament and executive power of the president. Source of the judicial power in Azerbaijan State power in the Republic of Azerbaijan is formed on the principle of separation of powers. Legislative power is implemented by the Parliament – Milli Mejlis of the Republic of Azerbaijan. Executive power is vested in a President of Azerbaijan. Finally, judicial power is administered by courts. In Azerbaijan, judicial power is exclusively executed by courts. Constitutional Court, Supreme Court, appellate courts, general courts and other specialized courts share the judicial power in accordance with their mandate arising from the Constitution of the Azerbaijan Republic. The Constitutional Court The Constitutional Court is composed of 9 judges appointed by Parliament of the Azerbaijan Republic upon the recommendation of the President of Azerbaijan. Generally, a citizen of Azerbaijan hav ...
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Azerbaijan
Azerbaijan (, ; az, Azərbaycan ), officially the Republic of Azerbaijan, , also sometimes officially called the Azerbaijan Republic is a transcontinental country located at the boundary of Eastern Europe and Western Asia. It is a part of the South Caucasus region and is bounded by the Caspian Sea to the east, Russia (Republic of Dagestan) to the north, Georgia to the northwest, Armenia and Turkey to the west, and Iran to the south. Baku is the capital and largest city. The Azerbaijan Democratic Republic proclaimed its independence from the Transcaucasian Democratic Federative Republic in 1918 and became the first secular democratic Muslim-majority state. In 1920, the country was incorporated into the Soviet Union as the Azerbaijan SSR. The modern Republic of Azerbaijan proclaimed its independence on 30 August 1991, shortly before the dissolution of the Soviet Union in the same year. In September 1991, the ethnic Armenian majority of the Nagorno-Karabakh region form ...
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Suffrage
Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to vote is called active suffrage, as distinct from passive suffrage, which is the right to stand for election. The combination of active and passive suffrage is sometimes called ''full suffrage''. In most democracies, eligible voters can vote in elections of representatives. Voting on issues by referendum may also be available. For example, in Switzerland, this is permitted at all levels of government. In the United States, some states such as California, Washington, and Wisconsin have exercised their shared sovereignty to offer citizens the opportunity to write, propose, and vote on referendums; other states and the federal government have not. Referendums in the United Kingdom are rare. Suffrage is granted to everybody mentally capable ...
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Law Of Azerbaijan
The legal system of Azerbaijan is based on civil law. As the country was a republic of the Soviet Union until 1991, its legal history has also been influenced heavily by socialist law. However, after the collapse of the Soviet Union, Azerbaijan became independent by enactment of the constitutional act of national independence on October 18, 1991. http://www.judicialcouncil.gov.az/Meqaleler/Fikrat_Mammadov_e11.pdf Azerbaijan started reformation of the legal system by the establishing of democratic reforms. This was followed by the adoption of the first Constitution in 1995 which is the foundation of the legislative system of the modern country. The Constitution creates the system of presidential republic with a separation of powers among the Legislative, Executive and Judicial branches of the government in order to prevent abuse of power. Civil law The term civil law in Azerbaijan refers to private law, which is opposed to the common law system of Criminal law and Civil law. The ...
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Constitutional Court Of Azerbaijan
The Constitutional Court of Azerbaijan Republic ( az, Azərbaycan Respublikasının Konstitusiya Məhkəməsi) is an independent state body of the Republic of Azerbaijan which jurisdiction is prescribed by the Constitution of Azerbaijan. The Constitutional Court gives interpretation of the Constitution and laws based on petitions of the President of Republic, Milli Majlis, Cabinet of Ministers, Supreme Court, Prosecutor's Office and Ali Majlis of Nakhichevan Autonomous Republic. Overview To ensure the supremacy of the Constitution of Azerbaijan and protect the fundamental rights and freedoms of individuals are the main objectives of the Court. The Constitution of Azerbaijan (adopted on November 12, 1995), interstate agreements (Azerbaijan is a party to), Law “On Constitutional Court” (adopted on December 23, 2003), other laws and the Rules of Procedure of the Constitutional Court are the legal basis for the activity of the Constitutional Court. The President of Azerbaijan, ...
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Ex-Officio
An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right of office'; its use dates back to the Roman Republic. According to ''Robert's Rules of Order'', the term denotes only how one becomes a member of a body. Accordingly, the rights of an ''ex officio'' member are exactly the same as other members unless otherwise stated in regulations or bylaws. It relates to the notion that the position refers to the position the ex officio holds, rather than the individual that holds the position. In some groups, ''ex officio'' members may frequently abstain from voting. Opposite notions are dual mandate, when the same person happens to hold two offices or more, although these offices are not in themselves associated; and personal union, when two states share the same monarch. For profit and nonprofit ...
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Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jur ...
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European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors ...
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Council Of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold human rights, democracy and the rule of law in Europe. Founded in 1949, it has 46 member states, with a population of approximately 675 million; it operates with an annual budget of approximately 500 million euros. The organisation is distinct from the European Union (EU), although it is sometimes confused with it, partly because the EU has adopted the original European flag, created for the Council of Europe in 1955, as well as the European anthem. No country has ever joined the EU without first belonging to the Council of Europe. The Council of Europe is an official United Nations Observer. Being an international organization, the Council of Europe cannot make laws, but it does have the ability to push for the enforcement of select international agreements reached by member states on various topics. The best-known body of the Council of ...
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Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might be imposed for these offences, and some general provisions (such as definitions and prohibitions on retroactive prosecution). Criminal codes are relatively common in civil law jurisdictions, which tend to build legal systems around codes and principles which are relatively abstract and apply them on a case-by-case basis. Conversely they are not as common in common law jurisdictions. The proposed introduction of a criminal code in England and Wales was a significant project of the Law Commission from 1968 to 2008. Due to the strong tradition of legal precedent in the jurisdiction and consequently the large number of binding legal judgements and ambiguous 'common law offences', as well as the often inconsistent nature of English law, t ...
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Ex-officio
An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right of office'; its use dates back to the Roman Republic. According to ''Robert's Rules of Order'', the term denotes only how one becomes a member of a body. Accordingly, the rights of an ''ex officio'' member are exactly the same as other members unless otherwise stated in regulations or bylaws. It relates to the notion that the position refers to the position the ex officio holds, rather than the individual that holds the position. In some groups, ''ex officio'' members may frequently abstain from voting. Opposite notions are dual mandate, when the same person happens to hold two offices or more, although these offices are not in themselves associated; and personal union, when two states share the same monarch. For profit and nonprofit ...
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Nakhchivan Autonomous Republic
The Nakhchivan Autonomous Republic ( az, Naxçıvan Muxtar Respublikası, ), is a landlocked exclave of the Republic of Azerbaijan. The region covers Official portal of Nakhchivan Autonomous RepublicNakhchivan Autonomous Republic with a population of 459,600 bordered by Armenia to the east and north, Iran to the southwest, and Turkey to the west. The republic, especially the capital city of Nakhchivan, has a long history dating back to about 1500 BCE. ''Nakhijevan'' was one the cantons of the historical Armenian province of Vaspurakan in the Kingdom of Armenia. Historically though, the Persians, Armenians, Mongols, and Turks all competed for the region. The area that is now Nakhchivan became part of Safavid Iran in the 16th century. In 1828, after the last Russo-Persian War and the Treaty of Turkmenchay, the Nakhchivan Khanate passed from Iranian into Imperial Russian possession. After the 1917 February Revolution, Nakhchivan and its surrounding region were under the autho ...
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Appellate Court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordi ...
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