The legal system of Azerbaijan is based around civil law.^[1] As the country was a republic of the Soviet Union until 1991, its legal history has also been influenced heavily by socialist law.

Criminal law

The current Criminal Code of Azerbaijan came into force in September 2000, replacing the older Criminal Code of 1960 which had been based on the principles of Soviet law.^[2] Article 1 of the Criminal Code states that "the Criminal legislation of the Republic of Azerbaijan consists of this Code. New laws defining criminal responsibility are subject to inclusion in this Code";^[2] this is characteristic of civil law legal systems such as France and Italy.

Sources of law

Unlike common law systems such as the United States and United Kingdom, Azerbaijani courts do not rely extensively on case law and judicial precedent. Except for decisions of the Constitutional Court of Azerbaijan, decisions of the courts are not usually counted as a source of law.^[3] The sources of law in the Azerbaijani legal system are:^[4]

• The Constitution of Azerbaijan.
• Acts adopted via referendum.
• Laws passed by the National Assembly of Azerbaijan, Azerbaijan's legislature.
• Decrees.
• Resolutions of the Cabinet of Ministers.
• International treaties to which Azerbaijan is a party.

Court system

The Constitutional Court of Azerbaijan is the highest court, with authority to interpret and apply the Constitution of Azerbaijan. The Supreme Court of Azerbaijan serves as a court of appeals; below it are the district and municipal courts, which serve as trial courts.^[5]

Trials are generally public, and the accused has the right to choose their own attorney, be present at trial, and appeal the verdict. However, there have been allegations of political manipulation of the court system under President Aliyev.^[5]

References