The Judicial Legal Council
of Azerbaijan Republic
INFORMATION OF JUDICIAL-LEGAL COUNCIL
An extensive meeting of Judicial-Legal Council was held with the attendance of chairmen of all appellate courts and leaders of judge associations.
The work done last year and challenges ahead were discussed at the meeting. The chairman of the Council, the Minister of Justice Fikrat Mammadov pointed out that H.Aliyev s course of development of the state was successfully implemented by the President Ilham Aliyev, the influence of global crisis to Azerbaijan was minimized as a result of resolute economic reforms and voluminous social projects were successfully implemented, in spite of economic crisis and perturbation in the world. It was noted that victory of National Army of Azerbaijan over the enemy in April of last year and starting to restoration of released village of Jojug Merjanli created high enthusiasm for everyone.
It was noted that several issues were reviewed on increasing the efficiency of judiciary and improving the quality of work, assessment of judges activity and increasing the sense of responsibility, elimination of corruption, procrastination and other negative cases, as well as selection of judge candidates and concrete decisions were adopted. These measures were extensively enlightened in the website (jlc.gov.az) of the Council and media.
By taking into account the progressive international practice, significant draft laws on strengthening the judiciary were discussed at the Council. Due to the amendments to the legislation, extra duties were imposed to the Judicial-Legal Council relating to reliable ensuring of the independence of judiciary and determining territorial jurisdictions of courts. And self-governing authorities of judiciary were enlarged.
By taking into account the importance of judges training in reducing judicial errors, series of training were organized which cover all judge corps, training of some subjects were preferred such as existing violations and elimination of them, judges behavior, judicial management, qualitative compiling of documents.
The following selection of judge candidates was organized last year. In accordance with the selection rules which shown as an example by reputable international institutions, written and oral exams, as well as testing was held with more than 800 lawyers who put forward their candidacy, on the basis of transparent procedures and with the attendance of numerous international and local observers. 126 well-prepared lawyers who succeeded in examinations were involved 1-year training courses for preparing to the post of judge.
The program of course was prepared by taking into account the modern training method and international practice. During the courses which currently keep on, subjects relating to reliable protection of human rights, court ethics, compilation of decisions, innovations of legislation and other topical issues are taught by experienced judges and specialists. It is planning internship of judges at courts and learning advanced international practice in foreign countries, as well as European Court.
By taking into account the importance of establishing modern court infrastructure for increasing the efficiency of justice, the construction of 6 new courts within the joint Projects with the World Bank and 4 modern court complexes at the expense of state budget, was continued in 2016 and necessary measures were implemented on modernization of other court buildings. As a result of development of the civil circulation, facilitation of access to courts and people s trust, the number of applications to court on civil areas increased by 45% and outrun 470 thousands (more than 20 times in comparison with 2000 that new court system started to activate). 96,8% of claims of civil nature and 84,4% of claims of administrative dispute at the courts of first instance were satisfied.
Remaining stable of 98,5% of final decisions of cases of civil nature and 90% of decisions of administrative cases, is the real indicator of court protection of rights.
As well as, missions arising from new legislation of the Council were discussed at the meeting and concrete assignments were given relating to principal assessment of more than 130 judges activities whose terms of service expired. President Ilham Aliyev s assignments on decisive struggle against corruption, fairness of court judgments, avoiding biased approach, establishment of civil-servant relationship on a healthy basis were pointed out and stressed the importance of prevention of cases that tarnish judges image and reputation.
It was noted that last year 6 judges were unsatisfactorily assessed and dismissed for creating conditions to violations, corruption and other negative cases that cause citizens right dissatisfaction, 12 judges were involved to disciplinary responsibility, as well as the decision was adopted on discharging 2 judges.
The Chairman of the Supreme Court Ramiz Rzayev and other members pointed out the significance of discussion of issues on humanization of analysis that carried out on improvement of judicial activity, formation of unique court practice and fair punishment policy, and criminal legislation with relevant bodies and application of modern technological innovations in judicial process. It was noted that judges are responsible for protection of human rights, especially the right of freedom and in this sense, informed the importance of approaching sensitive to the arresting and having principal attitude towards the law violations relating to corruption and other negative cases while reviewing the cases by high courts.
As well as, it was adopted at the meeting that the judge of Ganja city Nizami District Court Mahir Niftaliyev was discharged and transferred to other job, the judge of Sumgayit Court of Appeal Sayyad Gafari was reprimanded, other judges of the same court Elman Rahimov and Latifa Mammadova, the judge of Baku Court of Appeal Ismayil Valiyev, the judge of Masalli District Court Anar Almammadov and the judge of Imishli District Court Ulvi Ganbarov were refuted for violation of requirements of the legislation and creating conditions for corruption.