By Vestnik Kavkaza
The Constitution of Azerbaijan marks its 19th anniversary. It was adopted on November 12th 1995, after it was approved in a referendum.
Yelena Kovryakova, Cand. Sc. Law, speaks about the similarities and differences of constitutional traditions in Azerbaijan and Russia: “After the adoption of the Constitution, wide-scale reforms were held in Azerbaijan. Our fundamental laws have a lot in common. The Constitutions of Russia and Azerbaijan state that both countries are democratic, law-governed, and secular republics. First of all, it means that religion is separated from the government, while the state educational system has a secular character.
In both Constitutions the people are the source of power. There is separation of powers. However, in the Constitution of Azerbaijan it is specially stressed that the legislative power, the executive power, and the judicial power cooperate with each other. I think this is right, as a united state policy cannot be provided without it. There is a demand for providing human and civic rights and freedoms. This aspect is also common to our Constitutions. Moreover, activities of self-administration are regulated.”
According to Kovryakova, in some aspects the Azerbaijani Constitution is more developed than the Russian one. As for national traditions as a vector of development of the society and the state: “The Azerbaijani Constitution has a broader concept of a social-oriented state than the Russian Constitution; the concept is based not only on pan-human, but also national values. First of all, it is confirmed by the enacting clause which says: “The people of Azerbaijan continue the centuries-old traditions of their statehood.” It enables them to prevent senseless copying of various theories without considering their own national traditions and characteristics, as well as the political and economic situations,” Kovryakova is sure.
Moreover, she says that the Constitution of Azerbaijan is more socially oriented than the Russian one: “The natural resources belong to the Azerbaijani Republic. In our Constitution it is not stated. The development of the economy, which is based on various kinds of property, is aimed at raising the well-being of people. It is also a very good norm. The state takes care of raising the well-being of people and each citizen. Moreover, the family is protected as the key social unit. The Russian Constitution says nothing about this.”
Ali Guseinli, the chairman of the Committee for Legal Policy and State Construction of the Azerbaijani Parliament, explains the reasons for such differences: “In 1919 Azerbaijan adopted the Act of Independence, which could be called the first document in the history of Azerbaijani constitutionalism. In 1920 the Azerbaijani Soviet Republic was established, and in 1921 the first Constitution was adopted… The Constitution of 1921 had very important norms; and today historians are studying the period not particularly objectively. Before Stalin’s prominent repressions, many republics, including the Azerbaijani Soviet Republic, had very important elements of independence – the Azerbaijani language, the Latin alphabet, and rather broad religious freedom.”
“On October 18th 1991, the Constitutional Act on State Independence was approved. Probably to our mind this was not a constitution, but it was a regulatory act which had very important norms of constitutionalism. The first Constitution of the newly-independent Azerbaijan was adopted under the presidency of Heydar Aliyev on November 12th 1995.”
Ali Guseinli stressed an indissoluble connection between Russia and Azerbaijan: “Relations between our states have a character of strategic partnership. Due to the presidents of our countries, we are called not simply friendly, but also brotherly nations. In a very difficult period in world politics Azerbaijan and Russia, the Azerbaijanis and the Russians, who probably have different mentalities and cultures, have shown a political culture – how neighboring countries should live in favor of their people. In this context I am a supporter of our deep relations, not only political, but also scientific ones, relations between students and cultural activists.”
