Elshad HASANOV (Azerbaijan),
PhD in Law
LEGAL AND CONSTITUTIONAL BASIS OF THE MILLI MAJLIS OF THE REPUBLIC OF AZERBAIJAN
IntroductionWorld experience shows that at the present stage of development it is impossible to imagine developed parliamentarism without periodic parliamentary elections. Because in modern democratic and legal states, elections are an integral part of the institution of popular representation. From this point of view, the full representation and expression of the interests of the people in the legislative body and, indirectly, in legislative norms, is mostly due to the quality and democratic nature of parliamentary elections.
The implementation of the constitutional provisions on the sovereignty of the people is directly and closely related to the effective functioning of representative democratic institutions. This efficiency is achieved by the presence in the legislation of various forms of people's use of their sovereignty, the accumulated experience of their use. As is clear from the provisions of the doctrine, one of the main features of representative democracy is the presence and functioning of representative bodies of power in the country, consisting of specially authorized representatives who represent the interests of the people and are directly elected by the people.
Any organization or institution is guided not only by legislative and legal documents of national importance, but also by organizational and legal documents prepared by the organization (institution) itself (charter, regulations, job descriptions, etc.). As the number of adopted laws increases, the problem of their effectiveness and quality becomes especially urgent. The creation of harmonious legislation is becoming a serious necessity. If the procedural forms of parliamentary regulation are not improved, the successful solution of this task will be very difficult. One of the most important legal acts defining such procedural forms is the Internal Charter of the Milli Majlis (Parliament) of the Republic of Azerbaijan, which reflects the norms of regulations. The main purpose of the regulations is to determine the process of solving individual cases arising in the performance of the functions of parliament, which is the highest representative body.
The subsidiary bodies are responsible for ensuring the activities of the deputies, as well as for the development of draft laws. The subsidiary bodies of the Milli Majlis are not endowed with state power. The scope of functions performed by each subsidiary body is determined by the regulatory legal acts that govern their activities. In addition to exempting deputies from technical work, the auxiliary apparatus helps to increase their professionalism.All of the above is the constitutional and legal basis for the formation and activities of the Milli Majlis of the Republic of Azerbaijan as a legislative body, in particular, the legal regulation of the electoral system as a mechanism for the formation and representative nature of the Milli Majlis, the role of the Constitution of the Republic of Azerbaijan and the Internal Charter of the Milli Majlis of the Republic of Azerbaijan, as well as the legal status of the subsidiary bodies of the Milli Majlis and their activities are highly relevant.
ResultsIt should be noted that the development of the electoral system in the country is closely related to the formation of the people's government. Because the elections themselves, in fact, are a form of direct expression of the will of citizens with the aim of forming representative bodies, empowering officials and are the most common mechanism for the formation of government bodies. Therefore, any attempt to provide a real basis for the people's power is always associated with the functioning of the electoral system and electoral law. If the state does not create a clear and qualitative mechanism for the influence of the will and votes of voters on the nature and structure of public authorities, then there are no theoretical and methodological grounds for characterizing the state as a legal and democratic state [28, p. 21-28].
High-quality and effective functioning of the electoral system is one of the necessary conditions and guarantees for the successful implementation of the political rights and freedoms of citizens. Here, first of all, we are talking about the fundamental electoral law, which is very important for the organization of democratic governance and the implementation of the basic principles of such governance.
As you know, government bodies are formed in two ways: by elections and by appointment. However, appointments to senior government positions are also made by elected bodies. Therefore, elections in any case ensure the legitimacy of all higher authorities.
The electoral system plays an important role in the formation of the system of government bodies as a whole, as well as in the procedure for organizing and holding elections to representative government bodies through elections and voting. From this point of view, the electoral system is associated not only with such an important institution as political parties, but also with the activities of parliament. Thus, in many cases, changes in parliament are associated with changes in the electoral system or certain mechanisms used in the process of holding elections and distributing deputy mandates [20, p. 82-83].
The legislation of the Republic of Azerbaijan fully complies with international standards in the field of the electoral system and electoral law. The basis of the state power of the Republic of Azerbaijan is the will of the Azerbaijani people. The will of the Azerbaijani people is manifested in free and regular elections by secret and personal ballot on the basis of universal, equal and direct suffrage, as well as in a nationwide referendum held by secret and personal ballot on the basis of universal, equal and direct suffrage. The Azerbaijani state guarantees the free expression of the will of the citizens of the Republic of Azerbaijan, protecting the principles and norms of electoral law [3, p. 167].
Elections to the Milli Majlis of the Azerbaijan Republic are regulated by the Constitution of the Azerbaijan Republic and the Election Code of the Azerbaijan Republic. However, the guiding principles for elections to the Milli Majlis are reflected in the constitution, which is the main source of both constitutional law and electoral law. The Election Code and other normative legal acts regulating public relations related to the organization and conduct of elections are based on the provisions of the Constitution and specify these provisions. According to the Constitution, the only source of power is the people, and referendums and elections are the main forms of it will.
According to the first part of Article 55 of the Constitution of the Republic of Azerbaijan citizens of the Republic of Azerbaijan have the right to freely participate in administration of the state. They can exercise this right directly or through their representatives. This right is realized, first of all, through the active (selective) and passive (elected) electoral rights of citizens.
According to Article 85 of the Constitution of the Republic of Azerbaijan, every citizen of the Republic of Azerbaijan enabled with the right to participation in election may be elected, as prescribed by law, as a deputy of the Milli Majlis of the Republic of Azerbaijan.
There is no separate chapter on elections in the Constitution of the Republic of Azerbaijan. However, this does not mean that the Constitution does not contain provisions on elections. The principles and norms of electoral law are reflected in the chapters on the foundations of the constitutional system, human and civil rights and freedoms, and the system of state power. These principles and norms serve as the starting point and guidelines for current legislation. The main place among such legislative acts is occupied by the Election Code. The fifth section of the Election Code is devoted to the legal regulation of elections to the Milli Majlis of the Republic of Azerbaijan. It indicates that 125 deputies (from one district - one deputy) are elected to the Milli Majlis in single-mandate constituencies [2].
The formation of the Milli Majlis in Azerbaijan on the basis of a majoritarian electoral system undermines the legislative activity carried out in the Milli Majlis on the independent initiative of the deputies. Thus, the absence of a proportional electoral system, the creation of the Milli Majlis on the basis of territorial representation, the absence of party and program unions, independent factions, an unbalanced and unified unchallenged line of development of the legislative process, minimization of the role of political force in the life of the country, as well as the absence of disagreements between the President and the Milli Majlis in connection with its activities are also contingent factors [8]. These points indicate the need to restore the practice of using a mixed electoral system when forming the Milli Majlis.
Today, one of the most urgent issues of the electoral system as a whole, including parliamentary elections, is the use of blockchain technology in elections. This issue is seriously discussed by both theorists and practitioners.
In order to use blockchain technology in elections, the election authority must create "digital wallets” for each registered candidate (or party), that is, a variation of the vote. Also, each voter is provided with digital token (digital coin), which the voter can transfer to one of the candidates (or parties) participating in the elections. Voters can vote anonymously using their personal virtual avatars and sending their “digital coins” to the “digital wallet” of the candidate (or party) of their choice (i.e. the principle of secret ballot, one of the basic democratic principles of suffrage, is not violated). The blockchain system not only registers, but also confirms the transaction, that is, the vote of the voter. The winning candidate (or party) is determined on the basis of the number of “digital coins” collected in the “digital wallet” [13; 9, p.27-32].
According to experts in the field of organizing and conducting election campaigns, blockchain technology can completely eliminate corruption in this area. For example, in the 2014 Indonesian presidential election, an anonymous group of 700 hackers formed an organization called Kawal Pemilu (“Guard the election”). The aim was to present the voting results on the Internet so that voters have no doubts about the reliability of the results. Voting results could be checked at any polling station. This technology, used in conjunction with computer protection from malicious cyber attacks, provides additional guarantees for transparent democratic elections [26, p. 108-116].
Experience shows that blockchain technology also significantly increases voter turnout. For example, 70% of voters took part in the presidential elections on March 7, 2018 in Sierra Leone. This was largely due to the use of blockchain technology.
DiscussionThe basis of parliamentarism is the recognition of the people as sovereign and the only source of power. Parliamentarism is a social phenomenon, the essence of which is expressed in ensuring the sovereignty of the people through the principle of representation. In this context, the parliament is the main representative body. Its functions include: representing the interests of the people, their registration at the legislative level, control over the implementation of laws, the distribution of financial and budgetary funds in accordance with the law. These functions reflect the social role of parliament in society. The method of social parliamentarism makes it possible to more clearly understand how a representative regime operates effectively and successfully. The legal thinking of the people, ready to understand political freedoms, the right to vote and the joint solution of common issues, is a prerequisite for the formation of parliamentarism. All social groups of the population trust the parliament to express and protect their interests [23, p. 8].
K.S. Mill notes that if the size of the state is larger than the area of a small town, then it is impossible to imagine people holding a direct meeting to solve their important problems. In this case, instead of direct management, it is necessary to organize this management through representatives elected by the people. As a result, representative institutions appear that should represent the interests of the people [19, p. 68-69].
Some authors do not consider the election of a representative body as one of its main characteristics, but indicate that such a body has a system of special functions to represent the interests of the people as the main characteristic. Proceeding from this, they propose that, in fact, all state power and all bodies exercising it should be representative [14, p. 17]. However, we cannot agree with this approach. Because talk about the representativeness of a state body that is not directly elected by the people does not correspond to the content and essence of the institution of popular representation.
The legislature is formed by elections, acts on behalf of the people and is accountable to them. The functions of the legislative power are performed by the parliament, the highest representative body of the state. Accordingly, in the legal literature, parliament is characterized as an integral institution of a democratic state structure, one of the important branches of state power, created by the country's population through elections, representing the legislative branch [4, p. 248].
According to V.I. Chervonyuk, the representative character of the legislative power is a defining component. At least two postulates can be deduced from the representative character of the legislature, which form the basis of any legislature:
1) the product of legislative activity depends on the nature of the legislative body;
2) the adoption of a representative (socially adequate) law by its characteristics and its inclusion in the legal system is possible if the parliament by its nature is a truly representative body of state power [27, p. 136].
Thus, the analysis of the legal literature shows that the parliament is, first of all, representative. This means that parliament is an expression of the interests and will of the people, that is, of all citizens of the state. Hence the fact that this is a national or popular representation.
The article 4 of the Constitution “The Right to Represent the People” states that no one except authorized representatives elected by the people has the right to represent the people, speak on behalf of the people and to make statements on behalf of the people. As stated in our Constitution, power belongs to the people. However, people cannot use this power directly on every issue. Thus, of course, it is impossible and absurd to convene a referendum on every issue decided by the Milli Majlis. As a result, the institution of representative power was created. As a result of the existence of this institution, people trust it to govern the state and society, choosing from among themselves the most worthy candidates for a certain period. The elected, in turn, have the right to represent the people, speak on behalf of the people [7, p. 89-91].
Parliament directly represents the people as a representative body, elected by the people, and exercises the part of state power that belongs to the people - the legislature. In other words, a parliament elected by the people receives a mandate from the people, the sole source of state power, to represent and express their will, and to exercise legislative power by passing laws based on that will. This mandate provides for the exercise of only part of the state power, not all. Thus, the parliament cannot resolve issues and take measures related to the powers of other authorities [5, p. 89-90].
The Parliament of Azerbaijan has representative functions in the system of state bodies. Representative functions are very important in the process of legal, secular and democratic construction in Azerbaijan. Parliament collects the interests of various social groups, political parties and other civil society actors, expresses them and turns them into the will of the government. Therefore, the protection of the traditions of parliamentarism in Azerbaijan, which develops in a democratic way and forms an open civil society, meets the interests of society and the state as a whole. For example, in the current market economy in Azerbaijan, parliamentary activity is required for effective government [6, p. 43].
The Internal Charter of the Milli Majlis of the Azerbaijan Republic was approved by the Law of the Azerbaijan Republic dated May 17, 1996 “On approval of the Internal Charter of the Milli Majlis of the Azerbaijan Republic”. The charter defines the general rules for the activities, the bodies and the status of Milli Majlis, the internal responsibility of the deputies, as well as a number of transitional and final provisions.
Although in many countries of the world the document defining the organization of the parliament's work is called the “Regulations”, in our republic this document is called the “Charter” (Internal Charter of the Milli Majlis of the Republic of Azerbaijan).
Despite certain differences, the charter and provisions are similar legal acts in their legal nature, content and procedure of adoption. In the legal literature, the term "regulations" is often used in relation to a document that defines the internal organization and rules of the parliament. Therefore, from the point of view of the possibility of invoking the doctrine of law without changing the term, and also for the purposes of this paragraph, the terms "Internal charter of parliament” and “Rules of procedure of parliament” will be considered synonymous.
In the constitutional jurisprudence of the Soviet period, the problem of parliamentary regulation was not given due attention. This was due to the formation in the Soviet period of an extremely negative attitude of the parliamentary institution to itself, the denial of the idea of parliamentarism and its political and legal significance [25, p. 3-5]. In Soviet times, the word “parliament” was excluded from the legal dictionary as an independent scientific term. During the years of the totalitarian regime, the issue of the regulations of the legislative power was not discussed at all [18, p. 6].
In constitutional jurisprudence, the term “regulations” is traditionally used to denote the source of constitutional law that determines the functioning of the parliament (or its chambers), the legislative and representative body of state power.
The Constitution contains the main provisions governing the organization and activities of parliament. The regulations concretize these provisions in accordance with constitutional norms. Constitutional norms determine the content of the parliament's activities, the scope and general legal status of the subjects participating in the parliament's activities, as well as other necessary initial legal conditions necessary for the parliament's activities. The constitutional norms concerning the activities of the parliament mainly provide for the following: a) the procedure for the convocation and dissolution of the parliament; b) the procedure for calling new parliamentary elections; (c) the procedures for the chambers to work together in the exercise of their powers in the complex structure of parliament; d) the quorum required to obtain the powers of the parliament; d) the majority of votes required for the adoption of parliamentary decisions, etc. Chapter III of the Constitution of the Republic of Azerbaijan, entitled “State Power” determines the numerical composition of the Milli Majlis (Article 82), the procedure for its foundations, the term of office (Articles 83-84), verification and validation of results of elections of deputies of the Milli Majlis (Article 86), termination of office of deputies of the Milli Majlis, holding elections to replace those who left the Milli Majlis, as well as the procedure for recognizing the Milli Majlis as competent (Article 87), the number of sessions of the Milli Majlis, the time of the first session, the procedure and conditions for holding extraordinary and closed sessions (Article 88), forfeiture of the mandate and loss of the mandate of deputies of Milli Majlis (Article 89), the principle of immunity of deputies and prohibition on initiating proceedings against a deputy (Articles 90-91), the procedure of organizing of work of the Milli Majlis (Article 92), General rules and Issues of Milli Majlis (Articles 94-95), the scope of subjects of the right of legislative initiative, the procedure for submitting and considering laws using this right, provisions reflecting the deadline for submitting laws for signing, the procedure for entry into force (Articles 96-98), as well as the procedure of the dissolution of the Milli Majlis for dissolving Milli Majlis of the Azerbaijan Republic (Article 981).
In all constitutions of the world, an important place is given to the status of parliament. Constitutional regulation mainly deals with general issues of parliamentary activity. Subsequent and more detailed regulation of parliamentary activity is carried out by special, i.e. statutory laws (on parliamentary elections, on the status of parliament, on the status of a member of parliament, on rules or internal procedures) [15, p. 4].
Although constitutional norms by their nature have direct legal force, they are intended to regulate more important legal relations. Consequently, they cannot regulate the entire system of legal relations related to the activities of parliament. Hence the need for laws that determine the scope of additional powers of parliament, legislation and other forms of interaction of foreign participants in parliamentary activity [11, p. 39].
In the legal literature [22, p. 12] subsidiary bodies are defined as an organization of civil servants that professionally performs coordination, consulting, expert and other functions established by the state to ensure the activities of higher government bodies.
The implementation of the technical functions of the deputies by the apparatus frees them from routine work and creates conditions for them to perform political and representative functions. It is known that a person cannot be equally prepared in all spheres of life, and laws regulate practically all spheres of social relations. From this point of view, naturally, the deputy corps can miss something and make mistakes. To fill this gap, legislators need assistants, experts, consultants, that is, specialists in a specific narrow area of public relations. It is they, each of whom, as highly qualified specialists in their field, collectively “turn deputies into universal professionals” [21, p. 68].
The main body of the Milli Majlis is its Apparatus.
The activity of the Apparatus is regulated by the Regulations approved by the Order of the Milli Majlis of the Azerbaijan Republic dated July 14, 2020 on the approval of the Regulations “On the Apparatus and Management of Affairs of the Milli Majlis of the Azerbaijan Republic” [1].
The directions of the Apparatus' activities are as follows:
- ensuring the implementation of the powers of the Milli Majlis arising from the Constitution and laws of the Republic of Azerbaijan;
- implementation of organizational, legal, analytical and information support of the activities of the Milli Majlis.
The second chapter of the Internal Charter of the Milli Majlis is devoted to the regulation of the status and activities of the bodies of the Milli Majlis. It specifies the following bodies: a) Chairman; b) Committees; c) The Counting Commission; d) Disciplinary commission; d) Temporary commissions; e) Deputy factions (groups); g) Accounts Chamber.
The Chairman holds meetings of the Milli Majlis, convene an extraordinary session at the request of the President of the Republic of Azerbaijan or 42 deputies, and also distributes work between the deputies of the Milli Majlis. Together with the deputy chairmen and the chairmen of the committees of the Milli Majlis, he draws up an annual plan for the development of draft laws, submits it to the President for mutual approval and submits legislative acts. The work plan of each subsequent session is submitted for approval to the Milli Majlis and carries out other powers stipulated by the Charter.
Parliamentary committees (commissions) are usually characterized as subsidiary bodies composed of deputies and assisting them in the exercise of the powers of the chambers. The use of the term “committee” or “commission” depends on the terminology used in the country. For example, the Hungarian language uses one term "bizottsag", which can refer to both a commission and a committee. These important structural elements of a parliamentary institution cannot be seen as mechanically separate parts of a whole. As a structural unit, each committee and commission interacts with other structural elements within the body of people's representation, which is a single system, and gives this body a qualitative characteristic that reflects its representative character [24, p. 13-17; 16, pp. 454-455].
The role of parliamentary committees and commissions in the performance of parliamentary functions is enormous. For example, Woodrow Wilson, President of the United States from 1913 to 1921, wrote: “Meetings of Congress are a demonstration of activities to the public, while the real work takes place in the meeting rooms of its committees” [10, p. 159; 12, pp. 26-36; 17, p. 243].
The legal literature shows that in the practice of a number of countries, these intra-organizational bodies (committees) were able to play an important role not only in the legislative body, but also in the political system as a whole. For example, in Spain and Italy committees have the power to approve bills, which essentially equates them with parliament.
Milli Majlis of the Azerbaijan Republic creates the following committees: The Committee for Law Policy and State Building; Defense, Security and Counter Corruption Committee; The Human Rights Committee; The Committee for Natural Resources, Energy and Environment; The Committee for Economic Policy, Industries and Enterprising; The Agrarian Policy Committee; The Committee on Labor and Social Policy; The Healthcare Committee; The Committee for Family, Women's and Children's Affairs; The Youth and Sports Committee; The Committee for Public Associations and Religious Institutions; The Committee for Regional Affairs; The Science and Education Committee; The Culture Committee; The Committee for International Relations and Interparliamentary Connections.
The Committee has the right to request documents and materials necessary for the preparation of draft laws and decisions from central and local executive and judicial bodies, local government bodies, state and non-state enterprises, departments and organizations, and invite their representatives (experts) to meetings of the committees.
The next convocation is established at the first meeting of the Milli Majlis, and then at the first meeting of the spring session annually. The Counting Commission acts only at meetings of the Milli Majlis for the purpose of holding open and secret voting and determining their results. The Counting Commission is elected from among the deputies for a period of 1 year in the amount of 7 people. After the election, the Counting Commission elects from among its members the chairman and the secretary of the commission. A meeting of the Counting Commission is competent if at least 4 of its members are present. All decisions are made by a simple majority of votes of its members present at meetings (Article 40 of the Internal Charter of the Milli Majlis).
The Disciplinary Commission is created at the first meeting of the Milli Majlis of the next convocation, and then at the first meeting of the spring session every year. The Disciplinary Commission is elected from among the deputies for a period of 1 year in the amount of 11 people. A meeting of the Disciplinary Commission is legally competent if it is attended by at least 6 members. All decisions (conclusions) of the Disciplinary Commission are made by a simple majority of votes of its members present at meetings. At the meetings held with the aim of giving an opinion, the assistance of lawyers can be used. Experts can serve on the Disciplinary Commission for remuneration or on a voluntary basis. Labor relations of hired specialists are regulated by the Labor Code of the Republic of Azerbaijan.
Deputy factions (groups) act as one of the body of the Milli Majlis. According to Article 43 of the Charter of the Milli Majlis, at least 25 deputies can voluntarily unite and form deputy factions (groups). The statement on the creation of a parliamentary faction (group) is announced at a meeting of the Milli Majlis and the deputy faction (group) is registered in the Milli Majlis Apparatus. A deputy faction (group) has the right to submit proposals for discussion in the Milli Majlis. It can express opinion on all issues brought up for discussion by the Milli Majlis. If, as a result of the withdrawal of a deputy from a faction (group), the composition of the deputy faction (group) is less than 25 deputies, the deputy faction (group) is considered dissolved, and this is announced at a meeting of the Milli Majlis.
According to Article 92 of the Constitution of the Republic of Azerbaijan, Milli Majlis creates the Chamber of Accounts. The Internal Charter defines the legal status of the Chamber of Accounts as a permanent supreme control body accountable to the Milli Majlis. The Court of Accounts consists of a chairman, a deputy chairman and 5 auditors.
ConclusionsThus, the generalization of the above allows us to draw the following conclusions:
1. As always, at the current stage of development of parliamentarism, the role of transparent, democratic and fair parliamentary elections is exceptional and indispensable for the full expression of the interests of the people in the legitimate legislative branch and, indirectly, in legislative norms.
2. It is advisable to restore the practice of using a mixed electoral system when forming the Milli Mаjlis of the Republic of Azerbaijan. Because this system:
- neutralizes the shortcomings of the majority and proportional electoral systems;
- acts as an additional incentive for the development of political parties and the formation of a modern party system in the country;
- increases the possibility of small parties to be represented in the Milli Majlis;
- creates conditions for a more adequate representation of the political forces of society in parliament;
- more fully ensures the compliance of the composition of the representative body with the political priorities of various groups of voters;
- more democratic, as it significantly reduces the risk of losing voters;
- prevents excessive regionalization of deputy mandates (a deputy elected by a proportional electoral system becomes a representative of citizens of a certain territory, not a region).
3. The determination of the number of signatures required for registration of a candidate (450 signatures) is approximately four times less than in the previous legislation (2000 signatures) significantly increases the chance of choosing a candidate unsupported by the majority of voters, and this requires some tightening of the corresponding requirement provided for in Article 147 of the Electoral Code of the Republic of Azerbaija.
4. At the current stage of development, when the active use of new online technologies and digital solutions is especially important at the voting stage, it is necessary to move to a new stage of the national electoral system, including parliamentary elections (especially with regard to the organization and conduct of voting). Today, the use of blockchain technology in elections in general is one of the most pressing issues of the electoral system, including parliamentary elections. This issue is being seriously discussed by both theorists and practitioners.
Today, blockchain technology is actively used in the electoral practice of the USA, Australia, Indonesia and a number of other countries, and this technology has established itself in the field of an electoral institution. There are a number of positive aspects of using blockchain technology in elections:
- ensuring maximum transparency of elections;
- full guarantee of the principle of confidentiality;
- the minimum possibility of falsifying voting results;
- elimination of citizens' distrust of the objectivity of the election results;
- increased voter turnout due to the fact that citizens have the opportunity to vote in comfort, without overcoming any distances, etc.
Taking into account all the above-mentioned positive points, we consider it expedient to use blockchain technology in the elections to the Milli Majlis by making appropriate changes to the current electoral legislation in order to further increase the efficiency of these elections.
5. The institution of popular representation is in fact a logical expression of the sovereignty of the people.
6. Increasing the efficiency of the institution of people's representation is closely related to the extent to which the deputies are interested in the problems of their voters and at what level, with what attention they are engaged in solving these problems. From this point of view, it would be advisable for the deputies to report once a year on their work with voters, on their activities to solve their problems and on the specific measures have taken they by them.
7. As a result of the analysis and generalization of various approaches that exist in the legal literature, the following characteristics of the institution of people's representation can be noted:
- are based on fundamental democratic principles and ideas concerning popular power and popular sovereignty;
- established at the constitutional level;
- are selective;
- collegiality;
- represent the people's interests and will;
- interact with voters.
8. As the number of adopted laws increases, the problem of their effectiveness and quality acquires special urgency. The creation of harmonious legislation is becoming a serious necessity. With the imperfection of procedural forms of regulation of the parliament's activities, the successful solution of this task will be very difficult. One of the most important legal acts defining such procedural forms is the Internal Charter of the Milli Majlis of the Republic of Azerbaijan.
9. The Regulations of procedure of a representative legislative body are a system of norms that determine the structure, organization and management of its activities, as well as the procedure for exercising its constitutional powers in general.
10. The Constitution contains the main provisions governing the organization and functioning of the parliament. The regulations concretize these provisions in accordance with constitutional norms. Constitutional norms determine the content of the parliament's activities, the scope and general legal status of the subjects participating in the parliament's activities, as well as other necessary initial legal conditions necessary for its activities.
11. The procedure for adopting constitutional laws and laws is regulated by the Constitution and the Internal Charter of the Milli Majlis. However, the norms of the Constitution are of a general nature and, of course, do not reflect many details. The Internal Charter also does not fully fill these gaps, which are growing in the context of the requirements of the current stage of development. As a result, contradictions arise in accordance with the adopted laws to the spirit of real social relations, and inevitably frequent and repeated amendments to laws. To solve this problem, it is advisable to adopt a separate law “On the rules for the adoption of laws”.
12. Although Article 1 of the Internal Charter of the Milli Majlis of the Azerbaijan Republic is entitled “Fundamentals of the Milli Majlis of the Azerbaijan Republic”, it does not say anything about the legal foundations of the Milli Majlis. From this point of view, it is advisable to add the following part as the first sentence of this article: “The order of activity of the Milli Majlis of the Azerbaijan Republic is determined by the Constitution, laws of the Azerbaijan Republic and this Charter”.
13. The Apparatus of the Milli Majlis is the body that ensures its activities. Most of the activities of the Milli Majlis are related to the activities of its bodies (committees, commissions, etc.) specified in the Charter. However, for some reason, the Internal Charter of the Milli Majlis does not contain specific provisions on the status of the Apparatus. However, the status and functions of the Apparatus are regulated by a separate Regulation. However, the same Regulation (Article 1.3) does not mention Charter of the Milli Majlis among the legal acts that govern the Apparatus. It seems that the rules of activity regulated by the Internal Charter and the Regulations on the Apparatus are completely different in nature. But actually it is not. Because, as mentioned above, the issues regulated by the Charter and the Regulations are organically related to each other, since the Apparatus ensures its activities, and most of the activities of the Milli Majlis are related to the activities of its bodies specified in the Charter. Therefore, we believe that the elimination of these gaps may be important for the future improvement of the legal basis of the Milli Majlis.
14. The activity of the committees is an extremely effective mechanism for professional, dynamic and prompt consideration of issues within the competence of the Milli Majlis.
15. In the text of the last paragraph of Article 36 of the Internal Charter of the Milli Majlis, it would be advisable to replace the word “commission”, used in two places, with the word “committee”. Thereby, it is clear from the content of the article that we are talking about the committees of the Milli Majlis, and not about the commissions. It is likely that the term “commission” was used instead of the term “committee” as a mechanical mistake.
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Elshad HASANOV (Azerbaijan),
PhD in Law
LEGAL AND CONSTITUTIONAL BASIS OF THE MILLI MAJLIS OF THE REPUBLIC OF AZERBAIJAN
Summary. This article examines the constitutional and legal foundations of the formation and activities of the Milli Majlis (Parliament) of the Republic of Azerbaijan as a legislative body, in particular, the legal regulation of the electoral system as a mechanism for the formation of the Milli Majlis, the representative nature of the Milli Majlis of the Republic of Azerbaijan. The role of the Constitution of the Azerbaijan Republic and the Internal Charter of the Milli Majlis of the Azerbaijan Republic, as well as issues related to the legal status of the subsidiary bodies of the Milli Majlis of the Azerbaijan Republic and their activities were analyzed. As a result of research, the author emphasizes the role of transparent, democratic and fair parliamentary elections at the present stage of development of parliamentarism for the full expression of the interests of the people in legitimate legislative and indirect legislation, the need to restore the practice of mixed elections in the formation of the Milli Majlis. Considers it expedient to use blockchain technology in the elections to the Milli Majlis of the Republic of Azerbaijan by making appropriate changes to the current electoral legislation, and also puts forward other important scientific provisions and proposals aimed at forming and improving the constitutional and legal foundation of the Milli Majlis of the Republic of Azerbaijan.
Эльшад ГАСАНОВ (Азербайджан),
кандидат юридических наук
КОНСТИТУЦИОННО-ПРАВОВЫЕ ОСНОВЫ МИЛЛИ МЕДЖЛИСА АЗЕРБАЙДЖАНСКОЙ РЕСПУБЛИКИ
Аннотация. В статье рассматриваются конституционные и правовые основы формирования и деятельности Милли Меджлиса Азербайджанской Республики как законодательного органа, в частности правовое регулирование избирательной системы как механизма формирования Милли Меджлиса, а также его представительный характер. Проанализирована роль Конституции Азербайджанской Республики и Внутреннего устава Милли Меджлиса Азербайджанской Республики, а также вопросы, связанные с правовым статусом вспомогательных органов Милли Меджлиса и их деятельностью. В результате исследования автор подчёркивает значение прозрачных, демократических и справедливых парламентских выборов на современном этапе развития парламентаризма для полноценного выражения интересов народа в легитимной законодательной и опосредованной нормотворческой деятельности, обосновывает необходимость восстановления практики смешанной избирательной системы при формировании Милли Меджлиса. Автор считает целесообразным внедрение технологии блокчейн при проведении выборов в Милли Меджлис Азербайджанской Республики посредством внесения соответствующих изменений в действующее избирательное законодательство, а также выдвигает иные важные научные положения и предложения, направленные на формирование и совершенствование конституционно-правовых основ Милли Меджлиса Азербайджанской Республики.