Law of Azerbaijan
The law of Azerbaijan is made up of many levels of codified forms of law. The laws of Azerbaijan are based on civil law.[1] As the country was a republic of the Soviet Union until 1991, its laws have also been influenced heavily by socialist law. Today Azerbaijani law is heavily based on the laws Germany, France and Italy which also use civil law.
Criminal law
The current Criminal Code of Azerbaijan came into force in September 2000, replacing the older Criminal Code of 1960 which was based on Soviet law.[2] The current Azerbaijani criminal law is based on the criminal laws of Germany, France and Italy.
Sources of law
Unlike common law systems such as the United States and the United Kingdom, Azerbaijani courts do not rely on case law and judicial precedent and there are no unwritten laws in Azerbaijani law. Except for decisions of the Constitutional Court of Azerbaijan, decisions of the courts are not usually counted as a source of law.[3] The sources of law in the Azerbaijani legal system are:[4]
- The Constitution of Azerbaijan.
- Acts adopted via referendum.
- Laws passed by the National Assembly of Azerbaijan, Azerbaijan's legislature.
- Decrees.
- Resolutions of the Cabinet of Minister.
- International treaties to which Azerbaijan is a participant.
Court system
The Constitutional Court of Azerbaijan as the highest court of the country, makes the most important and final decisions on civil, criminal and other cases. It is the court of last resort and it has more power than all other courts. Decisions of lower courts can be cancelled here. The Constitutional Court of Azerbaijan has the power to interpret and apply the Constitution of Azerbaijan, especially if laws violate the constitution.
References
- ↑ Azerbaijan Archived 2016-07-09 at the Wayback Machine, CIA World Factbook
- ↑ "The Basic Structure of the Azerbaijan Legislative System". Archived from the original on 2007-09-27. Retrieved 2016-09-13.
- ↑ "Case Law in Azerbaijan". Archived from the original on 2007-09-27. Retrieved 2016-09-13.
- ↑ "Sources of Azerbaijani law". Archived from the original on 2007-09-27. Retrieved 2016-09-13.
Other websites
- Supreme Court of the Republic of Azerbaijan (in Azerbaijani, English, and Russian)