Our honourable President, Mr. Ilham Aliyev, who leads forward the independent Azerbaijan government, created and led by the national leader of our nation Heydar Aliyev, confidently writes the valiant pages of our modern history through comprehensive reforms aimed at the progress of our country and the welfare of our people.
The great leader Heydar Aliyev said in his address to the nation in 2003: "I believe that the fateful issues, plans and activities that I have not been able to complete, will be completed by Ilham Aliyev. I believe him as myself and hope for his future". And today we can say with full surety that our esteemed President has embodied this confidence with the successful steps by support of the people in the past period. Our country has developed steadily on solid foundations, despite the dreadful processes and crises in the world, following the path set by the Great Leader, security and stability of our people were ensured, Azerbaijan has become an accepted and supported country in the world, a highly respected country, a reliable partner and a political, economic and cultural centre of the region.
During this period there was no any area where there was no reform or development. Over the past 16 years, gross domestic product has increased more than threefold, unemployment has fallen by 5%, and poverty has declined by almost 10 times. Our currency reserves have reached $ 50 billion. More than $ 250 billion has been invested in the economy of our country.
President Ilham Aliyev, with a strong political will, decisive and principled position, made Azerbaijan one of the most developed countries in the world. Today, our country is recognized as the world's leading, most reforming country in terms of economic competitiveness, as well as the initiator and successful executor of large-scale projects, is a model of tolerance and multiculturalism, and is the author of the ASAN brand, which is a public service model and is widely distributed around the world.
Numerous projects and events implemented at the initiative of the First Vice President of the Republic of Azerbaijan, Mrs. Mehriban Aliyeva, who made a significant contribution to the multilateral reforms implemented by the Head of State, strengthen the unity of the people and the government, giving its positive results.
President Ilham Aliyev, having prioritized the rule of law in Azerbaijan in the past, pursued democratic development, has always said that the citizens of Azerbaijan are at the centre of our policy, and our main task is to provide decent service to the people. Mr. President is an example of humility, purity and service to every civil servant, proving to the public that he is the president of every citizen.
The challenge of the public by the President to the active participation in public administration and public control, a tough position in the fight against corruption, and his preference in the wide and effective application of transparent and innovative methods in the field of service to citizens is always supported by our society. In this regard, important state programs and national action plans have been adopted and implemented.
The author of the progressive reforms in the judicial and legal system, which is adequate to the comprehensive development of the Republic, is also the respected President Ilham Aliyev.
Judicial reforms initiated by national leader Heydar Aliyev in the past have been successfully developed by the head of state in line with modern challenges.
President Ilham Aliyev, as in all matters, has taken innovative and reforming approaches in the judicial sphere, noting that improving the judicial system based on the best practices available in the world is a prerequisite for the comprehensive development of our republic and the consolidation of a democratic and legal state. From the very first days of his activity as a President of the country, Mr. Ilham Aliyev considered a priority of the courts’ change into the instance that protects the human and civil rights and freedoms and where justice is held.
In the past, as a guarantor of the independence of the judiciary, the head of state has modernized the judicial system, improved the efficiency of justice, facilitated access and appeals to courts, increased transparency, eliminated abuses, procrastination cases and other shortcomings and made progressive steps on application of new information technologies.
Undoubtedly, these steps are based on the political will of the head of the country and his reforms. It is no coincidence that the name of the President of Azerbaijan is ranked among the most reformed leaders in the world, and our country ranks 5th in the world according to reports by reputable international rating agencies.
Reforms are successful when the need for its implementation is in line with the pace of development of society and the demands of the time. Numerous important decrees
and orders signed by the head of state in the past have served to improve and modernize the judicial system in accordance with international standards, and strengthen the independence of the judiciary.
As part of the President's instructions to improve the efficiency of justice, a joint working group of the Azerbaijan-European Council was established in 2004, important bills in this area were developed and examined by the Council of Europe with the participation of influential international experts. Amendments were made to the Law on Courts and Judges, a new Law on Judicial-Legal Council was adopted. In February 2005, a new institution - the Judicial-Legal Council, an independent body of judicial authority, started to function in our country.
From the first day, such important issues as facilitating access to justice, modernizing the judiciary in order to enhance public confidence and trust in the courts, selecting judges with the most transparent procedures, establishing modern training and enhancing professionalism became the aims of the Judicial-Legal Council.
From the point of view of provision of the judiciary’s independence, the powers of the Council were continuously expanded, including all matters related to the judiciary, the assessment of judges' activity, change of position and promotion, disciplinary responsibility and encouragement became exclusive authorities of the Council.
President Ilham Aliyev, who considers important the access of the citizens to the public services and easy appeals to the state authorities, paid a special attention to this issue in the judicial-legal field. Taking into consideration that access to the court greatly depends on the establishment of the judicial system, especially the activities of the specialized and regional courts, institutional reforms were made in the area by the Decrees of January 19, 2006 and July 15, 2010.
Thus, in accordance with the instructions of the head of state in the context of socio-economic development of the regions, in 2006, the republic's appeals and economic courts were replaced by six regional appeals, as well as three local economic courts to improve access to the courts. In 2010, new regional grave criminal courts were established in the region in place of the single grave criminal court, and their number became 5, and the military justice system was improved.
At the same time, for the first time, the Institute of Administrative Justice was identified as one of the most important events in the development of our judicial
system. Since 2011, new administrative courts have been operating in 7 regions of the country, which play an important role in preventing human rights violations by state authorities.
Taking into account the Nakhchivan Autonomous Republic's blockade status during the reforms, new courts were established there to create favorable conditions for the population, and the Supreme Court of the Autonomous Republic was characatarized as full instance of appeal.
Consistent measures taken by the head of state to increase civil turnover in our fast-growing economies, as well as facilitate access to the courts, have had a significant impact on the number of cases in the courts, and the number of civil cases in the courts has increased year by year. Taken into consideration the high workload of judges as one of the negative factors affecting the quality of cases, the President of the country doubled the number of judges by 600, the number of court staff increased by 75 percent, and the support for each judge was allocated.
In order to complement the vacant state, the process of electing candidates for the judiciary in the country has been substantially improved, the most progressive and transparent rules for their selection in Europe were appointed, and a separate independent body - the Judges Selection Committee was established.
Thanks to the transparent selection process, more than 70 percent of the judiciary in our country has been refurbished by a new generation of judges. The Council of Europe and the European Union, studying the positive experience of Azerbaijan in this regard, have recommended it to other countries, using it as an interesting model of good practices.
All of these measures have contributed to the expansion of people's access to courts, reduction of judges' workload, decrease of procrastination and other violations, increase of quality of cases, increase of trust in the judiciary, as well as the development of other legal institutions in the regions.
"Transparency is an issue that determines the future of each country. Without transparency, we can not make any reforms," said President Ilham Aliyev. President Ilham Aliyev attaches great importance to the wider use of modern information and communication technologies, transparent and innovative methods in all areas of public life.
The Head of State took an innovative step towards the electronicization of judicial activity and the introduction of various technological innovations as part of his
reforms - the Decree of February 13, 2014 on the establishment of the "Electron court" information system laid the basis for the revolutionary evolution, defining strategic priorities in this area.
The new system enables people to appeal in electronic form without having to go to court, receive information about the process in an electronic medium, as well as record judicial proceedings via audio-video and other techniques, court hearings, decisions and their execution status, access to an electronic "personal cabinet", which stores information.
E-document circulation, electronic distribution of cases, e-management and e-notification information systems, electronic registration of processes are already being used in the courts.
At the same time, a single judicial portal (www.courts.gov.az) was created to improve legal services, and detailed information on each court and judge was posted on that portal. Through the portal, citizens can apply to courts online and receive answers, receive examples of lawsuits and get detailed information about other court documents, admissions, etc.
Calling the creation of the "Electron court" information system a very serious reform, the head of our state said that the transparency of its implementation would make the judicial system more modern and more reliable.
In the past, the courts have undergone major overhaul and reconstruction work, taking into account the importance of modernizing the judicial infrastructure in improving the efficiency of justice, working conditions have been adapted to modern requirements, new court buildings and complexes have been built and commissioned in the capital and regions on the instruction of the President, the construction of a new grand building with a special architectural style, consistent with the high status of the judiciary for the Supreme Court, has been one of the most significant events in the legal life of our country.
Also, with the instructions and support of the head of state, the World Bank's projects "Modernization of the Judicial System" and "Progressive Justice Services and Modern Judicial Infrastructure" have been successfully implemented in this area.
As a manifestation of the extraordinary importance given to the judiciary, President Ilham Aliyev's personal involvement in the opening of many new court buildings and complexes once again confirms that the President is always interested in the execution of his orders and directly oversees the works done.
It should be noted that the reforms implemented under the leadership of the President of the country are appreciated internationally and it is not accidentally that, the World Bank appreciated the project as one of the most successful projects in the justice sector in Azerbaijan and has declared a winner of the nomination of "Creating and Implementing Innovative Methods for Providing Higher Quality Services to Citizens".
Also, our country has also been awarded the Crystal Scale of Justice Award for its achievements in the judiciary by participating in the Council of Europe Competition for Judicial Justice with the project “Pulse of the Court: Revolution in Administration”.
World experience shows that reforms in this area are an ongoing process. Stressing the importance of improving the judiciary system in the development of each country, as noted by the head of our state, this process is ongoing even in developed countries. That is, this process has a beginning, but it has no end.
Reforms in the judicial system have entered a new phase in 2019 in line with the modern challenges. Thus, the President of the country, who announced the progressive reforms in all areas, including the judicial system, will intensify this process by signing the Decree "On Deepening of the Reforms in the Judicial-Legal System" on April 3.
This is another manifestation of the exceptional importance of the head of our state to the formation of high-profile justice in the society, the strengthening of judicial protection of citizens' rights, and the strengthening of the independence of the judiciary.
The President's care for the judiciary, all the steps and important decisions in this area are highly appreciated by the population, and this support is clearly expressed in the letters and appeals addressed by the citizens to the President.
The Decree which is an important "road map" for the justice and the judiciary has been commenced to be executed by the relevant authorities, and complex legislative, institutional and practical measures had been taken during a short period.
First of all, advanced international experience was studied on the organization of commercial courts, humanization of penal policy and decriminalization of crimes, improvement of judicial enforcement and forensic expertise, as well as the use of alternative private expertise, formation of common court practice and other issues, and about 40 draft normative acts have been developed.
At the initiative of the head of state, a number of new laws have been adopted, which play an important role in ensuring a more efficient operation of the justice and the judiciary.
The first package of legislative acts adopted in July this year covered the institutional component of the reforms. New regional commercial and administrative courts have been established by the Presidential Decree of July 19, 2019 to ensure that disputes related to business activities are handled by judges with deep legal knowledge and experience.
Territorial jurisdiction of those courts, which will start operating from January 1, 2020, the number of judges and staff was determined according to the analysis, necessary measures on infrastructure and logistical support were taken.
In addition, the social protection of judges has been significantly strengthened, and judicial support has been improved.
A second package of bills was adopted by the head of state on the legislative initiative. These changes, which come into force on 1 March 2020, cover two important areas of judicial and legal reforms.
It is important for the courts to establish a common court practice to ensure the stability of the approach to the settlement of legal issues and the same application of the norms of material and procedural law in the course of justice. As it is known, the mechanisms that allow the formation of a single judicial practice up to date have not been regulated sufficiently.
In this regard, under the new legislation, the Supreme Court's responsibility to form a single judicial practice is directly enshrined in the Law “On Courts and Judges”, the importance of the Supreme Court Plenum's explanations regarding judicial practice is increasing, and the specific legal consequences of making decisions different from those explanations are established.
In addition, if the new legislation identifies systematic deficiencies in the application of material and procedural law as a result of summarizing judicial practice, and if the Plenum of the Supreme Court provides appropriate explanations, and then, in the event of organization of the monitoring of judicial activity in this area and revealing of defects during monitoring, all judges are defined relative responsibility.
Another important area of the legislative package is the activity of forensic examination, which is of particular importance in the provision of high quality court
services and the right to a fair trial. As a result of these important innovations, the range of subjects entitled to conduct forensic examination as well as to order the examination is expanding. In practice, the timing of the examination and the issuance of expert opinions, which in some cases lead to justified complaints, are specified.
As a result of the changes, the private expertise institute which was first introduced in our country, will allow all individuals or legal entities, lawyers and representatives of these entities to order forensic examination under a contract with private forensic experts.
It should be noted that those who wish to act as a private forensic examiner will be issued a certificate and registered by the Ministry of Justice, if they meet the legal requirements. A person can act as a forensic expert only after obtaining a certificate and entering information about it in the Register.
Within the framework of the Decree, as well as for the first time, a draft of the Executive Code was developed to systematize the regulations governing the activities in the field. Specific steps have been taken to expand the use of the "electron execution" information system, to prevent harassment and abuse.
Alternative mechanisms of execution, as well as the experience of different countries with regard to the private enforcement institution, have been well-known in the country, appropriate preparatory work is being carried out in our country with the aim of piloting it.
Despite the increase in the number of judges in the past, the number of judges in our country was still lower than in the European countries - in some European countries it was 20 per 100,000, while in Azerbaijan it was only 6.
The heavy workload in the courts and the insufficient number of judges certainly have a negative impact on the timing and quality of cases. In this regard, the President by Decree increased the number of judges to one-third of the existing corps - 200 units, and the Judicial-Legal Council improved the judiciary selection process to fill new divisional states. Exams were conducted using state-of-the-art technologies, computerized, personalized answers to each candidate's questions and an immediate announcement of the results.
In the current year, the admission of candidates to the judiciary has been tested and written examinations were conducted using the same methods with the candidates who submitted their documents. With 81 candidates successfully running in both rounds, the Judges Selection Committee is currently conducting oral examinations.
And 108 candidates, who had succeeded in the next test, had a written exam on this eve.
Undoubtedly, the full staffing of the judiciary will help to reduce the workload in the courts, as well as to serve for qualitative consideration of cases.
At the same time, there is defined a simplified procedure for small claims cases to ensure the speed of judicial review due to legislative changes, while reducing the workload of judges by other means, economic proceedings were provided exclusively through the electronic system - the "E-court" information system and continuous audio and video recording of litigation was provided, with the possibility of a non-judicial, easy-to-solve court case dealing with money and property claims.
As part of the decree, a new project was launched with the European Union on the use of media in our country, which is an important tool in out-of-court disputes resolution, the Ministry has prepared and adopted a number of draft normative acts related to the implementation of the Law on Mediation to be implemented next year. In addition, with the European Union in support of effective international arbitration procedures in our country, the local and international legislation has been analyzed within the framework of the project "Support of the legal framework for the development of the business environment", a road map has been developed taking into account best practices.
In addition, important legislative and institutional measures have been implemented on provision of the independence of judges, the elimination of interference in courts' activities and other negative cases, etc., including the hotline and monitoring sectors were established in the Judicial-Legal Council for the purpose of implementing the issues raised by the Decree.
The Ministry of Justice and the Judicial-Legal Council have monitored nearly 50 courts since the Decree, violations have been brought to the attention of more than 100 judges and chairmen, disciplinary cases about 39 judges were considered and 6 of them were dismissed, 2 were dismissed ahead of time, and others were subjected to disciplinary action.
In accordance with the instructions of the Head of State, practical measures were taken to extend the "Electron Court" information system throughout the country, to ensure the overall functioning of the system, and to increase its functionality, as well as Mobile Court software has been developed allowing instant access to information
without access to a computer, mobile participation in the process, etc. for the purpose of facilitating access to the court.
As an example of digital transformation in our country, there is very little use of the Mobile Court in the world, and Azerbaijan is one of the first in this field.
The next important step towards facilitating access to justice and a very useful gift for court users is a Mobile Court, which is put into operation from today - December 24. From now on, citizens will be able to use and benefit from the possibilities of the “electroni court” information system. To this end, the Fairmont Hotel hosts a public presentation of this software with the participation of lawmakers, judges, prosecutors and lawyers, as well as civil society and numerous media representatives.
One of the important tasks given by the President in the Decree is to increase the authority of the judiciary, to strengthen public confidence in the courts, and to increase transparency. As part of the works done in this area, judges have been appointed to work with the media to inform the public about the legal process, as well as to enhance their relationship with the media. In this regard, the Judicial Council and the Ministry of Justice organized a meeting with numerous media executives and representatives, discussing effective cooperation between the courts and the media, regular, complete and accurate notification on the judicial activity, and the speaker-judges were represented to the media.
The works carried out on the implementation of the decree, reforms in the judicial system as a whole, and applied innovations are universally appreciated. In particular, the World Bank's Doing Business 2020 report highlights the events on emergence of new specialized courts, the digitalization of judicial activity, the improvement of e-court systems, and the use of mediation as positive results.
Based on the words of the head of state "Reforms mean improvement, adaptation to the new era, and progress”, we can say that the judicial system is constantly improving and developing with the care of the Head of State. The strong political will, the exceptional importance and support of the head of our state in the comprehensive, including judicial and legal reforms in the country, motivates each of us to continue to fulfill our responsibilities.
Taking the opportunity, we would like to congratulate the head of state, the First Vice President Mehriban Aliyeva and all their family members who have made a valuable contribution to the comprehensive progress of our country on the occasion of his birthday, the upcoming World Azerbaijanis Solidarity Day and the New Year. We wish them good health, happiness and success in their tireless work for the prosperity of our homeland. We are convinced that, under the wise leadership of our President Mr. Ilham Aliyev, our people will be able to witness new victories for many years and our independent state will grow and strengthen day by day.
