An important question about Nakhchivan
President Ilham Aliyev Nakhchivan In the Autonomous Republic (MR) Azerbaijan The authorized representative of the President founded the institute. According to official information, the creation of the institute is to ensure effective management, dialogue between citizens and state bodies at the level of modern requirements and law establishment within the framework, economic, socialaims at prompt and efficient solution of cultural and other issues.
Originally from Shahbuz district for the position of authorized representative Fuad Najafli was appointed today President Samir Nuriyev, head of the administration Nakhchivan presented to the public. Presentation Nakhchivan MR Ali It took place in the building of the Assembly. One of the highlights in the photos from the event Ali Former Speaker of the Assembly Qualified Talibov’s son deputy Seymour Talibov, as well as many members of the institution, did not attend the ceremony. Besides, Ali Powers of the Speaker of the Assembly execution Azer Zeynalov, the first deputy, sat among the participants, not in the chair. The Talibovs were not invited to the ceremony, or they did not participate, it is not known. In any case, if the authorized representative of the President is presented, it is unreasonable not to invite the members of the Supreme Assembly, who are considered the elite of Nakhchivan. Apparently, the Taliban and their close circle is what happened political they tried to demonstrate their displeasure with the changes in this way…
The establishment of the authorized representation of the President in the Nakhchivan Autonomous Republic has opened the way for discussions. Some experts state that the said Decree of the President is not in accordance with the Constitution, citing the status of the region as an autonomous state, the constitution, the legislative body and the government.
Azerbaijan Article 109 of the Constitution of the Republic (Azerbaijan Powers of the President of the Republic) is written in Articles 7 and 8:
7) in the state budget of the Republic of Azerbaijan execution central and local within the framework of expenses provided for the authority execution creates authorities;
8) decisions and orders of the Cabinet of Ministers of the Republic of Azerbaijan and the Cabinet of Ministers of the Nakhchivan Autonomous Republic, acts of central and local executive authorities cancellation does.
Gulamhuseyn Alibeyli, a lawyer and chairman of the Aydınlar Party, told Pressklub.az in a brief statement that it is not against the constitution for the President to establish an authorized representative institute and appoint a representative in Nakhchivan MR. “This is included in the exclusive powers of the President as the head of the executive power. The head of state can create various institutions in order to organize local administration and make appointments to them. The point is that the authorized representative institute does not interfere with the powers of the local executive authorities and does not perform parallel administration with them. If the powers of government agencies cancellation if it is made and transferred to the delegation, in this case we can talk about inconsistency with the Constitution”.
Hafiz Hasanov, head of the Law and Development Public Union, said in his statement to Pressklub.az that there is an issue of inconsistency with the Constitution. “Although the establishment of the authorized representative office of the President in Nakhchivan and the appointment of a representative are important from the point of view of a more prompt solution of local issues, I think that there is an inconsistency with the constitution”he noted.
The lawyer draws attention to several legal points:
“First of all, the Constitution does not provide for the creation of such an institution. The basic law states that President as the head of the executive power, he can create the Cabinet of Ministers and its structures, ministries, and executive powers in Nakhchivan MR. Among them, the creation of such a structure – that is, an authorized representative office – is not envisaged.
Second, devolution actually means a form of regional government. According to the statute, the authorized representative President It is a structural division of the administration. The issue of this institution’s implementation of regional administration is inconsistent with the Constitution. There is another nuance: the powers assigned to officials by the Constitution of Nakhchivan MR are the same as the powers given to the authorized representative by the Statute. The Constitution of Nakhchivan was approved by the Constitutional Law of the Republic of Azerbaijan. Can the Presidential Decree prevail over the Constitutional law? According to the hierarchy, the Constitution, acts adopted by referendum, constitutional laws, laws and then Presidential decrees come. Is it possible to solve these issues with a decree now? In other words, the Statute was approved by the Presidential Decree, and the representative was appointed by the Presidential Decree. Decree and ordinances must be in accordance with the laws of the Constitution. Clause 32 of Article 109 of the Constitution to the President court and authorized to perform other functions not related to the powers of the legislative power in an executive manner. After all, power of attorney is not included among the issues to be implemented in the executive order. Because this involves the implementation of management in Nakhchivan directly by an authorized representative. It is impossible to implement the powers given to him in the executive order”.
The lawyer believes that the Authorized Representation of the President established in Nakhchivan and its Regulations are unconstitutional and controversial. “I think that the Constitutional Court should issue an opinion on the conformity of this new institution with the Constitution. That the Authorized Representation is legislative, executive and court can be included in the list of controversial issues between the authorities or not”the lawyer emphasized.
Turgut
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