Rustamzade A. Azerbaijan Judicial-Legal Council: international legal standards of functioning and reformation.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0515U000423

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

29-05-2015

Specialized Academic Board

Д 26.867.01

Essay

The thesis investigates the international legal framework of the Azerbaijan Republic Judicial-Legal Сouncil reform. The comprehensive description of Judicial-Legal Council concept and its place in the system of branches of power of Azerbaijan Republic has been suggested. The Recommendations of the Committee of Ministers and the Consultative Council of European Judges (CCJE) on the organization and operation of the judicial authorities in the Council of Europe Member-States have been analysed. The position of Judicial-Legal Council in Azerbaijan Republic and its role in the development of Azerbaijan as a legal, democratic, sovereign and independent state has been determined. The dissertation includes a number of specific proposals of how to resolve the problem of Judicial-Legal Council structure formation, legal organization of its activity and improvement of its directions in the context of national legislation development which will increase its importance as the legal self-regulating agency. The author has based his statements on the provisions of the Constitution of Azerbaijan Republic, Council of Europe recommendations and international agreements which form the national legislation of Azerbaijan Republic. The role and importance of judicial self-government within the constitutional order to ensure the independence of the judiciary in Azerbaijan has been justified. The problems of Judicial-Legal Council formation, procedures for selection and promotion of the candidates for the vacancy of a judge, and its termination from the post have been analysed. The conceptual framework, directions of reforming and improving the legal framework of judicial self-government have been performed. The ideological, social, economic, political aspects of Judicial-Legal Council of the Republic of Azerbaijan formation in the context of ensuring judicial system independence have been analysed.

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