Particularities of legal system of Azerbaijan Republic
Journal Title: Юридические науки и образование - Year 2019, Vol 58, Issue 58
Abstract
It is analysed a separate particularities of the legal system of Azerbaijan. It is noted that, first of all, there should be clarified the notion of „structure‟ and disclosed its essence. The structure is an assemblage of completed elements. However, this assemblage should not be understood in narrow sense since the structure of system, its functional components should be understood like a sum of all direct and opposite relationships. Since any structure has an objective nature, a researcher, who studies the legal system of Azerbaijan, has to refer to the structure of the legal system of Azerbaijani society as it is manifested like a part of appropriate real legal sphere of a public life. It is noted an extremely usefulness of hierarchical and cohesive relationships between existing components of the legal reality of Azerbaijan that lives in the transition period. The structure of legal system of Azerbaijan might be limited not only with positive law. The legal awareness of the Azerbaijani people that joined by other structural elements should be an integral part of the legal system of Azerbaijan Republic. Legal awareness comes in all stages of the legal process and finds its expression in the content of legal norms. There are considered the social factors, which currently impact in an idea of a law. It is an important to take into account the particularities of national legal awareness of the Azerbaijani people when reforming the legal system of the country. It is considered the particularities of the legal system of Azerbaijan in the context of the notions of legal system, legal ideology, legal psychology, legal experience and their role in the legal system of Azerbaijan. There is showed that they have played an important role in lawmaking and performance of the laws, their application. There is concluded that an analysis of the particularities of legal practice takes relatively independent place in the legal system of society and plays an important role in the mechanism of legal regulation. Legal norms, norms, programmes and models of behaviour have included in the normative legal; system of Azerbaijan Republic through legal activity that reflect the main socio-economic, cultural and other needs of the Azerbaijani society. Socio-economic, political and national situation that has formed in Azerbaijan, and also the conditions of education, culture and spiritual life require the increasing of law and order, and also accepting the main and important laws. It is pointed out an importance of reference to international practice and advantage its using. There is noted that in compliance with realities of Azerbaijan the courts should be based on fundamental legal values – human rights, and, also as it is provided by the Constitution of Azerbaijan Republic, to apply the norms of international law as an integral part of the legislative system of the country. This circumstance characterises whole legal system of Azerbaijan Republic and its separate components.
Authors and Affiliations
Nazim Jafarli
Keywords
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- EP ID EP499759
- DOI 10.25108/2304-1730-1749.iolr.2019.58.136-162
- Views 79
- Downloads 0
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