Azerbaijani Supreme Court to Register and Liquidate Political Parties
Azerbaijan, Baku, 23 January / corr. Trend K. Zarbaliyeva/ According to a new bill, the Supreme Court of Azerbaijan will act in the first instance in registration and liquidation of political parties.
According to a draft of the Administrative and Remedial Code which will be submitted for second reading in parliament, the Supreme Court board on administrative disputes will examine the disputes over the renunciation of registration or liquidation of political parties.
The plaintiff's appeal against the administrative regulation adopted by the administrative body on the renunciation of the changes and amendments made to the party's charter can be made by the same party.
The statement on liquidation of a political party is made by the Ministry of Justice and in this case the political party acts as defendant.
Since issues regarding political parties are of great significance they would better be examined by a more reliable court, Seyad Kerimov, one of the movers of the bill and deputy chairman of the Administrative and Military Legislation Department of the Parliament said to Trend. "Such kind of disputes must be solved more efficiently. Therefore we consider that the Supreme Court should examine these issues in the first instance," Kerimov said.
Article 131 of the Constitution says that the Supreme Court examines cases not for their essence, but in an appeal order, hence the contradictions between the Constitution article and that of the Administrative and Remedial Code. Currently measures are being taken to eliminate this contradiction.
The project of the Administrative-procedural Code stipulates an appeal to the Constitutional Court three days after the decision made by a court to liquidate a political party. According to Karimov, the Constitutional Court will consider the appeal not as a court of second instance, but like a constitutional production.
The registration denial of a political party may be challenged in the Constitutional Court. Karimov stated that in spite of the issue not being settled in the Administrative-procedural Code, it is regulated by the bill on Constitutional Court. In other words, citizens may appeal to the Constitutional Court.
Sardar Jalaloglu, the chairman of the Democratic Party of Azerbaijan, considers that the Administrative-procedural Code has public means and therefore, should be put to public discussion. Furthermore, there is a need to know the opinion of political parties in the issues concerning themselves.
The chairman of the party considers it correct the consideration of registration and liquidation of political parties by the Supreme Court.
Fazail Agamali, the chairman of the Ana Vatan Party, considers the new legislation as more progressive.
According to Agamali, under the old rules, no appeal may be submitted to the Constitutional Court after the decision made by the Supreme Court.
Under the current legislation, the Justice Ministry appeals to local courts concerning registration and liquidation of political parties.
The two parties, Islamic Party of Azerbaijan and National-Democratic Bozgurt Party, were abolished in Azerbaijan by a decision of the court.