on november 12, azerbaijan celebrates a state holiday of exceptional importance - the day of the constitution of the republic of azerbaijan. twenty five years ago, in 1995, through a general popular referendum, the basic law of an independent sovereign state was adopted - the constitution of azerbaijan, which became the guarantor of an independent democratic legal society.
an important day in the life of every citizen
in the first years of independence of the azerbaijan republic it faced great difficulties. although the constitutional act on state independence was adopted on october 18, 1991.
in the early 90s, there was a threat of azerbaijan losing its independence. armenian aggression against the azerbaijani people has acquired a wide scale. the crisis in the economy, politics and other spheres became a serious test. in such a difficult time, due to the inexperience and lack of professionalism of the leadership then in power, the country found itself in an uncontrollable situation. at the request of the people, in june 1993, heydar aliyev arrived in baku and was elected chairman of the supreme council of azerbaijan. after the return of heydar aliyev to power, the concept of statehood was developed, which was reflected in the national ideology. in particular, he took significant steps to resolve such an important problem as the armenian-azerbaijani nagorno-karabakh conflict. as a result of the far-sighted policy of heydar aliyev, a ceasefire agreement with armenia was adopted in may 1994. and in september of the same year, the historic document “contract of the century” was signed for the exploitation of the rich oil and gas structures of the caspian sea with oil companies.
this contributed not only to the further development of azerbaijan in the economic sphere, but also made it possible to carry out successful measures to ensure its independence. true independence is the complete possession of one's wealth. thus, azerbaijan for the first time acted as the owner of its resources. and the participation of the most advanced companies of the world's leading states in this contract increased the importance and authority of azerbaijan in the region. azerbaijan has joined major regional projects, the energy security system of europe and the world as a whole. all these measures carried out by heydar aliyev prepared fertile ground for the adoption in 1995 of a new constitution of the azerbaijan republic. and the national leader himself took a direct part in its preparation.
he immediately directed his efforts to ensure that the independence of the young state was not lost. this is how a new stage began in the development of azerbaijan and its formation as an independent democratic legal state. after the return of heydar aliyev to power, the concept of statehood was developed, which was reflected in the national ideology.
our wise political steps are the key to the successful development of the nation
preparation and adoption of the basic law of an independent azerbaijani state, the development of ideas of constitutionalism in the country is directly related to the name of the architect and creator of modern azerbaijan, an outstanding state and politician heydar aliyev. during the years of difficult trials for the azerbaijani state, it was the great leader heydar aliyev who was able to rally the country's citizens around the idea of azerbaijanism, put an end to the anarchy and instability that reigned in the country, began the implementation of large-scale reforms that covered all spheres of life of the state and society.
it can be noted that when preparing the basic law of our country, not only universal human values and traditional ideas of the rule of law were taken into account, but also modern trends in the development of these ideas, based on the national interests of azerbaijan, they were enriched with the traditions of statehood and national -spiritual values arising from the historical past of azerbaijan. as noted in the preamble of the country's constitution, the people of azerbaijan, continuing the centuries-old traditions of their statehood, wishing to ensure the well-being of everyone and everyone, to establish justice, freedom and security, realizing their responsibility to the past, present and future generations, using their sovereign right, adopted by nation-wide voting - referendum constitution.
having outlined the conceptual foundations and priorities for the future development of azerbaijan, the constitution laid a solid legal basis for the construction of a democratic, legal, secular state in our country.
the great leader heydar aliyev, who understood this well thanks to his foresight and wisdom, directly chaired the commission on the preparation of the draft constitution. the commission, along with representatives of legislative, executive and judicial authorities, also included well-known representatives of the country's public - scientists, professional lawyers, scientists and cultural figures. i personally headed the commissions of our bardin region. during the work of the commission, which took several months, the national leader heydar aliyev gave valuable recommendations on the preparation of the draft constitution, personally examined each of its provisions. organizing open discussions of the draft constitution with the participation of various sectors of society, he made great efforts to ensure its adoption in the most perfect form, taking into account modern values.
heydar aliyev, with his great political experience, played an invaluable role in the development of the traditions of state independence of azerbaijan and in awakening the national consciousness. thanks to aliyev, interest in the historical past of the azerbaijani people increased, and national and spiritual revival began.
speaking at the final meeting of the commission for the preparation of the draft of the new constitution held on november 10, 1995, the great leader heydar aliyev emphasized, “... that he treated the preparation of this document with a sense of great responsibility. “as the chairman of the commission, i was constantly aware and today i am aware of my personal responsibility in the preparation of this great historical document. so i spent a lot of time preparing it. i can say that i worked very hard. repeatedly studied the meaning of each expression, each word, repeatedly analyzed how reasonable they are for the present and future. it is with deep satisfaction that i subscribe to this project and declare today that i bear full responsibility for it. i believe that we have created a very large document for the present and future of azerbaijan - a political, legal document. "
the constitution, based on modern doctrinal approaches to state building, establishes the fundamental principles and provisions of the system of political, economic and social relations in our country. the basis of the legal philosophy of the country's constitution, the basis of all its norms and provisions are precisely the idea of a democratic, legal, social state, the idea that a person, his rights and freedoms are the highest value. this document, which is of national importance, broadly reflects progressive values that determine the directions of development of modern civilized societies.
in democratic states the constitution is the basis, the basis of the legal system, acts as a guarantor of political stability, social peace, and sometimes even national reconciliation in society. the constitutions regulating important social relations between citizens, society and the state, establishing the foundations of the state and social structure, principles of organizing the political system, the concept and priorities of the activity and further development of the state as a whole, act today as the basic law, one might say, of all states.
the new constitution laid the foundation for a democratic, secular, rule of law state. at the center of the political system was a man, his rights and freedoms, the ideals of a democratic and legal state. the constitution of azerbaijan broadly reflects progressive ideas and values that determine the directions of development of modern civilized societies.
as one of the fundamental principles of the rule of law, the constitution enshrines the organization of state power on the basis of the principle of separation of powers. in accordance with the constitution, the legislative, executive and judicial powers interact and are independent within the framework of their powers.
the country's constitution broadly reflects the freedom of economic activity, as one of the features of the constitutional system, a variety of types of property and a guarantee of their equal protection, the concept of a welfare state, aimed at ensuring for everyone decent living conditions and free development. the constitution assigns to the state the task of increasing the well-being of the people and each citizen, taking care of their social protection and a decent standard of living. as noted in the basic law, in azerbaijan, the development of an economy based on various types of property serves to increase the well-being of the people, the azerbaijani state, on the basis of market relations, creates conditions for the development of a socially oriented economy, promotes the progress of culture, education, health care, science and art, protects the historical, material and spiritual heritage of our people.
the definition in the constitution of the protection of human and civil rights and freedoms, ensuring the country's citizens a decent standard of living as the highest goal of the azerbaijani state, entrusting the state with the task of ensuring the protection of the rights and freedoms of everyone is of exceptional importance. this means that the country's constitution at the highest level declares that it serves not some abstract interests of the state, but the interests of citizens, the interests of a person who is the leading force of a free society.
the foundation of the legal philosophy of the constitution, prepared under the direct leadership of heydar aliyev and adopted by a nationwide vote, the basis of all its norms and provisions is precisely the formula of a democratic, legal, social state, ensuring human rights and freedoms. the 1995 constitution was the basis, source of all-round progress of azerbaijan in the past period, carried out in various spheres of the country's life. the nationwide leader created an excellent concept of statehood based on scientific principles and rich intellectual potential, left a rich scientific, theoretical and practical legacy in the field of public administration.
the constitution provides that the people of azerbaijan exercise their sovereign right directly through a popular vote-referendum and through their representatives elected on the basis of universal, equal and direct suffrage, through free, secret and personal voting.
from this point of view, the implementation of judicial and legal reforms in our country, more effective protection of human and civil rights and freedoms have necessitated constitutional reforms, further improvement of the basic law. based on this need, as a result of the referendums held on august 24, 2002 and march 18, 2009, significant additions and changes were made to the text of the constitution. constitutional reforms have served to adapt the legal system of azerbaijan to the legal system of developed states and the norms of international law, to further expand the processes of democratization in our country, to more effectively protect human rights and freedoms.
the following principles were declared in the main law:
- protection of independence, sovereignty and territorial integrity of the azerbaijani state;
- guaranteeing a democratic system within the framework of the constitution, achieving the institution of civil society, building a legal, secular state that ensures the rule of law as an expression of the will of peoples;
- ensuring everyone a decent standard of living in accordance with a fair economic and social order, living in conditions of friendship, peace and security with other peoples, while maintaining adherence to universal human values, and the implementation of interaction for these purposes.
progressive ideas and values are widely reflected in the constitution of azerbaijan, which determine the directions of development of modern civilized societies. among them, respect for the individual and human dignity, the formation of public authorities in a democratic manner, the existence of effective mechanisms for the protection of human rights, the guarantee of pluralism in the political system, the achievement of social justice, adherence to universal values, bringing national legislation in line with international law and other principles and values.
the constitution proclaims democracy as an important basis for the constitutional system of azerbaijan, declares the azerbaijani people as the only source of state power in the azerbaijani republic, secures the free and independent determination of their fate and the establishment of their form of government as the sovereign right of the azerbaijani people. according to the basic law, the unity of the people is the basis of the azerbaijani state, the azerbaijani republic is the common and indivisible homeland of the country's citizens.
patriotism is a persistent striving for success
it was the rich political experience of the national leader, high management skills, inexhaustible love for the homeland that saved the state independence of azerbaijan from danger. the great leader eliminated the chaos and anarchy in the country, the economic, political, spiritual and psychological tension reigning in society. the independent azerbaijan republic has marked a new course of development on a solid foundation.
therefore, the adoption of the new constitution was associated with fundamental changes in the life of the azerbaijani people. the basic law developed thanks to the leadership and hard work of the national leader is based on the centuries-old traditions of the azerbaijani statehood, national and universal values. the new constitution gave a powerful impetus to the construction of a democratic and legal state, the development of the socio-political, economic and cultural life of azerbaijan.
if we consider tolerance and multiculturalism as a humanistic worldview and recognition of the cultural rights of different peoples living in one country, then in azerbaijan, as a result of the implementation of a wise state policy, all the necessary conditions have been created for the free residence of numerous nationalities and the coexistence of various religions and cultures. therefore, azerbaijan is known in the world as a country exporting not only oil and gas, but also the values of tolerance and multiculturalism. the azerbaijani model of tolerance and multiculturalism has existed for centuries, relying on humanism and universal values - this is a stable and consistent political course of the state, the basis of social stability on national-spiritual, universal, humanistic values.
strategic approach in forcing future generations
the adoption of the new constitution was associated with fundamental changes in the life of the azerbaijani people. after the restoration of state independence, one of the vital tasks facing the azerbaijani people was the implementation of the necessary measures to determine the main directions of the future development of azerbaijan. a new law was needed, reflecting the conceptual foundations and fundamental principles of the country's future development.
an excellent concept of statehood, based on scientific principles and rich intellectual potential, has left a rich scientific, theoretical and practical legacy in the field of public administration. azerbaijan continues the path outlined by heydar aliyev. today, the great leader's tireless efforts to preserve and strengthen our independence are continued by his worthy successor, president ilham aliyev, and has made significant progress in the political, economic, social and military spheres. azerbaijan has turned into a country capable of influencing the course of strategic, political and economic processes in the region where azerbaijan is located. our country skillfully uses its political and economic power, strategic position and rich natural resources in ensuring external political priorities. in accordance with national interests, the country fruitfully cooperates with the majority of members of the international community. thanks to the strategy of successful development implemented by the head of state, the country's economy takes one of the highest places in the world in terms of development rates. all this again gives grounds to say that the independence of azerbaijan is eternal and irreversible.
авторитет азербайджана, превратившегося в инициатора проектов международного значения, принимающего грандиозные мероприятия, среди государств мира растет, наша страна пользуется большим уважением во влиятельных международных структурах.
как уже отмечалось, в конституции азербайджанской республики нашли широкое отражение идеи и ценности, определяющие направления развития современных цивилизованных обществ, позволяющие строить правовое государство и гражданское общество. основной закон объявляет азербайджанское государство демократической, правовой, светской, унитарной республикой.
можем однозначно сказать, что 25 летний конституция явилась еще одним наглядным примером единства между государством – народом и своих армией, это нормы, идеи и принципы, соответствуя как национальным интересам азербайджана и многовековым традициям народа, так и общепринятым принципам международного права, стали прочной основой для обеспечения стабильной жизни страны на основе демократических принципов. эти непримиримые позиции отмечены не только грохотом снарядов, они наиболее ярко проявляются в политической воли руководителей государств, их заявлениях и абсолютно несопоставимых имиджах. с одной стороны — уверенность, гордость, достоинство. с другой стороны — стон, вопли и взывания к коллективному западу, который впервые занял достаточно отстраненную позицию.
президент ильхам алиев подтверждает приверженность принципам урегулирования армяно-азербайджанский нагорно-карабахский конфликта, которые были выработаны многолетним переговорным процессом. «мы готовы хоть завтра приостановить военные действия, если армения будет вести себя конструктивно на переговорном треке,- подтверждает президент ильхам алиев. — мы привержены базовым принципам. это возврат территорий, оккупированных армянской стороной, переговоры по будущему нагорного карабаха, возврат беженцев и вынужденных переселенцев в места их изначального проживания, в том числе в нагорный карабах, в шушу».
президент ильхам алиев в недавнем своих интервью разных иностранных сми подчеркнул, что ситуация в нагорном карабахе до сих пор в горячей фазе и это следствие продолжающейся агрессивной политики армении, много раз нарушившей режим перемирия…
азербайджан в процессе переговоров по урегулированию конфликта всегда опирался на международное право. следует отметить, что совета безопасности оон с 1993 года своих 4 резолюции — 822, 853, 874, 884 подтверждая суверенитет и территориальную целостность азербайджана бессрочны, актуальны до их исполнения и устанавливают юридически обязательные для всех государств правила их выполнений. к сожалению, ни сопредседатели минский группа обсе сша, рф, франса и других ответственных кругах не было должным образом выполнение требовании совета безопасности оон.
defending state sovereignty and its territorial integrity, azerbaijan is acting within the framework of international law by fulfilling 4 resolutions of the un security council.
for almost 30 years of attempts to peacefully resolve the conflict, the issue has not been moved off the ground, on the contrary: the situation has worsened in recent years, and the negotiation process has reached a dead end. despite constant calls for a peaceful solution to the conflict, this did not happen during the current aggravation. nevertheless, today the azerbaijani people can proudly talk about the gradual return of the cultural center of the azerbaijani people, the city of shusha, their seven original regions, but also the territory of nagorno-karabakh. on november 9, 2020, the text of the statement "to end the war in karabakh" was published online, with the mediation of the president of the russian federation v. putin, president of the republic of azerbaijan i. aliyev and prime minister of the republic of armenia m. pashinyan.
the book of truth and freedom - the wise laws of our country
the constitution, as an important basis for the constitutional system of azerbaijan, proclaims the people's power, declares the azerbaijani people the only source of state power in the azerbaijan republic, secures free and independent determination of their fate and the establishment of their form of government as the sovereign right of the azerbaijani people. according to the basic law, the unity of our people is the basis of the azerbaijani state, the azerbaijani republic is the common and indivisible homeland of the country's citizens.
the constitution also enshrines such important ideas and norms as strict adherence to the principle of preserving the integrity of the country, separation of powers, limitation of state power in internal matters only by law, and external issues - only by provisions arising from international treaties by a party which is the azerbaijan republic, guaranteeing pluralism in the political system, the advantage of international law over national legislation (with the exception of the constitution of the azerbaijan republic and acts adopted by referendum).
as you know, one of the main legal features of the constitution is its stability. the constitution is an act with a stable content, provided for long-term activity. stability of the constitution is one of the main conditions for the stability of the rule of law in the country, the organization and implementation of state power, the relationship between the individual, the state and society.
за четверть вековый история конституции азербайджанской республики имеет большой опыт в реализации ее положений, с развитием отраженных в данном документе концепций приняты многочисленные нормативно-правовые акты, придающие импульс построению сильного социального государства, высоко конкурентной экономики, применению механизмов эффективной защиты прав человека… основанная на универсальных ценностях конституция азербайджанской республики и сегодня обладает большим правовым, политическим и идеологическим потенциалом и служит благополучию азербайджанского народа.
ариф джамиль оглу гулиев,
доктор юридических наук, профессор