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Modern judicial-legal system of Azerbaijan and latest developments

Modern judicial-legal system of Azerbaijan and latest developments. LEGAL SYSTEM. Civil law system (vs. common law) Codification (vs. case law) Legislation consists of: Constitution Acts adopted by referendum Laws Presidential decrees Resolutions of the Cabinet of Ministers

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Modern judicial-legal system of Azerbaijan and latest developments

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  1. Modern judicial-legal system of Azerbaijan and latest developments 1

  2. LEGAL SYSTEM Civil law system (vs. common law) Codification (vs. case law) Legislation consists of: • Constitution • Acts adopted by referendum • Laws • Presidential decrees • Resolutions of the Cabinet of Ministers • Acts of central executive authorities International treaties, which Azerbaijan is a party to are integral part of the legal system of Azerbaijan (incorporation)

  3. LAWS • “On Constitutional court” • “On Courts and judges” • “On Prosecutor’s office” • “On Advocates and Advocates’ Activity” • “On Police” • “On Investigation-search activities” • Civil and Civil-Procedural Codes • Criminal and Criminal-Procedural Codes • Execution of Penalties Code

  4. 3 TIER INDEPENDENT JUDICIAL SYSTEM • Courts of first instance • Courts of appeal • Court of cassation

  5. COURTS OF FIRST INSTANCE -District courts; -Grave crimes courts; -Military courts; -Local administrative-economic courts.

  6. COURTS OF APPEAL Hears appeals and appeal protests made under court acts on the cases heard by the courts of first instance assigned to its territorial jurisdiction. Courts of Appeal are comprised of • a civil board, • administrative-economic board, • criminal board and • Military board.

  7. SUPREME COURT The court of highest instance and judicial body on civil, criminal, administrative and other cases previously tried by the general and specialized courts. Supreme Court is comprised of • Civil board,  • administrative-economic board • criminal board and • military board 

  8. CONSTITUTIONAL COURT The Constitutional Court of the Republic of Azerbaijan is the supreme body of constitutional justice on the matters attributed to its jurisdiction by the Constitution of the Republic of Azerbaijan. 

  9. EUROPEAN COURT OF HUMAN RIGHTS • As a member of the Council of Europe, Azerbaijan is a party to the European Convention on Human Rights • After exhaustion of all court instances, applications can be made to the ECHR. • The final domestic court instance is the Supreme Court.

  10. JUDICIAL-LEGAL COUNCIL • Independence; • Legality; • Collective decision-making; • Impartiality and • Objectivity.

  11. REFORMS AND RECENT DEVELOPMENTS • Judicial Modernization Project • Reforms in judge selection and process • Reforms in bar membership exams • Ongoing project regarding adoption of the Law on free legal aid

  12. BHMBAKU LAW CENTRE

  13. WHO WE ARE BHM Baku Law Centre was founded in 2001 and since then has established itself as one of the most reputable and respected law firms in the Republic of Azerbaijan. In over 12 years of successful legal practice, the firm has managed to build a large client base from all over Azerbaijan as well as internationally. We offer local expertise with strong international connections. The company has rapidly expanded in recent years and has a subsidiary, BHM Consulting Law Company, in Aktau, Kazakhstan. 32

  14. PRACTICE AREAS Banking and Finance Corporate Employment Energy & Infrastructure Sports IP, Information Technology & Communications Litigation Tax Private Client Real estate 7

  15. The General Assembly of the European Olympic Committees has adopted a decision on 8th of December 2012 regarding holding of the I European Games organized for the first time in the European history in 2015 in Baku. • BHM became the official legal services provider to Baku European Games Operation Committee (BEGOC) and is to provide all kind of legal services in connection with organization of the I European Games to be hold in Baku during June-July of 2015 and full legal accompaniment of the Games. 34

  16. PROFESSIONAL LEGAL SERVICES AT “ASAN SERVICE” CENTERS BHM Baku Law Centre provides legal assistance to citizens approaching “ASAN service” centers in Baku, Sumgayit and Ganja. Such legal assistance includes provision of both oral and written legal consultation to citizens, provision of explanations on legal matters, issuance of references, assistance in submission of claims to courts of all instances, compilation of complaints and applications as per request of the citizens, in other words, provision of legal assistance on all matters that “ASAN service” centers have been entrusted. 35

  17. Main practice areas are corporate law, commercial law, dispute resolution, banking and finance, sports law and real estate issues. He is a leading litigation lawyer representing many corporations, including national energy providers, MR. ANAR BAGHIROV MANAGING PARTNER banks and large international organizations, engineering and construction companies. He is the chairman of Azerbaijan Law Reform Centre, a co-founder and member of the Azerbaijan Lawyers Confederation, a member of Judges Selection Committee, Chief Editor of “Azerbaijan lawyer” journal and is on the editorial board of the Southern Caucasus Law Journal.  Mr.Baghirov has been a member of the Azerbaijan Bar Association since 2005 and was elected to the Presidium of the Bar Association in 2012. (for more info: http://bhm.az/index.php?page=staff&id=3)

  18. Fariz Mammadov is the managing partner at BHM. Mr.Mammadov's practice areas are corporate law, commercial law, energy law, banking and finance. He also specializes in real estate issues. MR.FARIZ MAMMADOV MANAGING PARTNER Mr.Mammadov has been a member of the Azerbaijan Bar Association since 2007. He is Advisor to the Presidium of the Bar Association in International Relations since 2013.

  19. ACHIEVEMENTS: The Legal 500 EMEA 2013, the international rating company which is considered to be the most competent international legal publication providing the most comprehensive worldwide coverage currently available on legal services providers, in over 100 countries recommends BHM Baku Law Centre in 14 areas of Law. BHM Baku Law Centre is ranked as one of the leading law firms in 2014 edition of the International Financial Law Review’s Guide to the World’s Leading Financial Law Firms: IFLR1000.

  20. CONTACT INFORMATION: “Baku Law Centre” (BHM) LLCSKS PLAZA, 7th floor49 Fuzuli StreetAZ1014, Baku, AzerbaijanPhone: +99412 492 03 57; +99412 492 28 83 +99412 480 00 88Email: office@bhm.azWeb: www.bhm.az BHM Consulting Law Company Grand NurPlaza Business Centre, office15 Aktau, Kazakhstan Phone: +7 (7292) 20 32 97 Fax: +7 (7292) 40 56 49 Email: assel.spataeva@bhm.kz

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