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
Related Articles
- EP ID EP499759
- DOI 10.25108/2304-1730-1749.iolr.2019.58.136-162
- Views 77
- Downloads 0
Situation of initiation and investigation of a criminal case on crimes of minors not reached the age of criminal responsibility
It is considered the situation of initiation and investigations of a criminal case on crimes of minors not reached the age of criminal responsibility. It is given recommendations on the use of preventive measures. Propos...
Some issues of modern criminal policies
It is revealed some of the problematic issues of modern criminal law doctrine, a list of dilemmas that require urgent solutions, such as the need to improve the structure of the theory of the Criminal Law, the formalizat...
Reasons of crime and objective opportunities of punishment
Crime existed and exists in all societies independently on their socio-political system and its reasons have caused by the same factors – social, socio-economic, socio-political and other ones. Therefore, a level of crim...
Testimonies of witnesses as an object of cognition
The common object of cognition in criminal process is a system consisting on interlinked elements, which being themselves by the systems can be also studied and described. The system of the common object of cognition in...
Liability for non-fulfillment or improper fulfillment of professional duties by the medical or pharmaceutical worker on criminal legislation of the post-soviet states
It is analyzed the foreign criminal law in sphere of establishment of criminal responsibility for crimes, to perform or improper performance of professional duties medical or pharmaceutical professional. Based on this st...