History

History of judicial system in Azerbaijan

The history of the judicial system in Azerbaijan can be divided into several distinct periods: the ancient period, the early medieval period, the medieval period, the period of Russian occupation, the period of Azerbaijan Democratic Republic, the period of Soviet rule, and the period of restoration of independent Azerbaijan statehood.

During the ancient Azerbaijani states, judiciary played a crucial role in the governance mechanism. In the state of Manna, the monarch held supreme judicial power, with a court of justice known as Databara (Council of the Seven) operating alongside him. Judicial activities were also carried out by five high priest-judges known as the Council of Mages.

The Avestan laws contain norms about court and judicial proceedings that existed in Media and Atropatena. The ruler himself headed the high court, overseeing the work of local courts and ensuring the accuracy of their decisions. During this period, elements of ancient arbitration, such as the institute of pre-trial jury review, were also present.

The judicial system in early medieval Caucasian Albania, following the spread of Christianity, was structured around two main pillars: ecclesiastical courts and royal courts. The ecclesiastical courts consisted of the priests' court and the bishops' court, with their jurisdiction clearly outlined in the canons of Aguen. These courts primarily handled cases involving illegal actions by church authorities and clerics, as well as violations of religious duties by laymen. On the other hand, the royal courts were responsible for matrimonial matters, homicide, as well as other crimes that were considered the most serious for that time and were subjected to death penalty. It is worth noting that similar religious and secular courts also operated in the southern region of Azerbaijan during this period.

During the Arab caliphate, a sophisticated system of judicial bodies was established in Azerbaijan. The office of the gazi, who served as both a judge and enforcer of justice, played a crucial role in maintaining order. Cases were typically heard orally and in public, with the final decision resting solely on the judgment of the gazi. The appointment of the Gazi-al-guzzat (chief judge), and other court officials was done by the head of state. Local gazis operated under a dual system of authority, answering to both local rulers led by the amir, as well as central judicial authorities overseen by the Gazi-al-guzzat and ultimately the caliph as the highest court of appeal.

During the 10th-12th centuries, state courts and Sharia courts played a significant role in the judicial system of the territories that encompassed Azerbaijan. While the head of state held the ultimate authority over the courts, they seldom exercised judicial powers directly. The secular judicial authority in the region was typically held by the governor, with city chiefs acting on behalf of the governor in urban areas. Sharia courts, on the other hand, had a wider jurisdiction, reflecting the prominent influence of Islamic religion in the state.

These Sharia courts were overseen by Sharia judges known as gazis. At the helm of the Sharia court system was the chief gazi, responsible for supervising the courts and other gazis. Each city, district, and village also had its own gazi, appointed and approved by the ruler in most instances.

During the 13th and 14th centuries, courts played a crucial role in the state structure of the Elkhanid state. Prior to reforms, the Elkhanid state had a dual judicial system: “yarghu” courts for Mongol nobles and troops, and sharia courts, that had been present since earlier times for the Muslim population. The yarghu courts were comprised of members appointed by the ruler himself. However, upon Kazan Khan's ascension to the throne, the yarghu courts were nearly abolished. Instead, judicial activities were overseen by the chief gazi of the state, known as gazi-al-guzzat, and his subordinate gazis.

The gazis were divided into two groups: secular gazis appointed by the state, and spiritual gazis. Gazis administered justice based on Muslim law.

The judicial bodies played a vital role in the intricate and diverse structure of the Safavid state in Azerbaijan. Legal matters closely tied to the judicial system were categorized into two parts: urfi, which dealt with criminal issues, and sharia law. The urfi law matters were overseen by divanbey, beylarbey, and dargha, who also represented a specialized judicial body for serious crimes. On the other hand, sharia law matters were handled by Shaykhulislam and Gazi, known as shari judges, with the chairman leading the way. During the Safavid period, both secular and sharia courts operated in Azerbaijan. The secular judicial proceedings were conducted by the Supreme Court of the state, also known as the Court of Justice, with a divanbey at the helm. This individual was appointed by royal decree and served as the highest authority over all courts in the country. Meanwhile, the Shariah courts, led by the chairman, gazi-ul guzzat, and gazi, focused on resolving matters related to sharia law.

In the first half of the 18th century, changes in Azerbaijan's judicial system were carried out depending on whether the territory was under the rule of one state or another. Temporary differences were observed in the administration of justice in territories temporarily under the rule of the Ottoman and Russian states. For instance, certain legal violations, especially state crimes and financial misconduct, were investigated and resolved in accordance with the rules established by those states, with court proceedings being carried out more by administrative officials. In all other cases, including the period of the rule of the Afsharids, significant changes in this area were not observed.

During the Khanate period, the norms governing judicial activity can be found in the Jar-Tala Code. This legislation outlines the structure of judicial bodies, including gazi courts, urfi courts, and the Supreme Court. The Divan, which served as a gathering of public authorities, also functioned as a secondary court. Ghazi and urfi courts were the primary courts, with trials conducted in accordance with fiqh (shariah) and custom.

In the early 19th century, prior to the Russian Empire's seizure of Azerbaijan, legal violations - both criminal cases and civil disputes - were adjudicated in Sharia courts. In addition to Sharia courts, local lords and aghas also held judicial and policing responsibilities. However, the jurisdiction of Sharia courts and secular feudal courts was later restricted. A decree issued on April 8, 1831, limited the jurisdiction of religious courts to civil cases only.

Military courts were established on January 21, 1811, to address serious crimes against the state. These crimes included treason, illegal border crossing, defecting to the enemy's side, violating state rules, and attempting harm against high-ranking officials and local authorities. These offenses were deemed exclusive jurisdiction of military courts.

As part of the administrative-judicial reform of 1840, Gaza (District) courts were established in all districts. These courts had chambers dedicated to handling criminal and civil cases in governorates and provinces. This reform aimed to streamline the legal system by centralizing the handling of cases previously spread across various military-court commissions. Under this reform, criminal cases were no longer within the jurisdiction of military-court commissions. Instead, they were tried by Gaza courts, which were granted the authority to conduct investigations. Additionally, Gaza courts were responsible for resolving civil-legal disputes. The hierarchy for settling disputes was clearly defined under this reform. Gaza courts served as the first instance for cases, followed by gubernatorial or provincial court chambers for criminal and civil cases as the second instance. The highest court instance was the Government Senate, which provided the final ruling on legal matters. In 1846, a new administrative division led to the establishment of governors' courts in each governorate. These courts replaced Gaza courts and the criminal and civil court chambers, further refining the legal system.

On February 19, 1868, new court administrations - circle and peace courts - began operating in the territories of Azerbaijan, specifically in the provinces of Baku and Ganja. Special laws regarding rural communities were enacted in the Azerbaijani provinces in August 23, 1866, July 31, 1867, and April 12, 1870, which allowed for the establishment of village courts. These courts, comprised of members of the rural community, were responsible for addressing minor crimes committed within their own communities, as well as resolving civil and legal disputes within their jurisdiction. They operated independently, without the involvement of other social groups, and played a crucial role in resolving conflicts and maintaining order.

Following the implementation of the judicial reform of 1864, the conciliation and circle courts in Azerbaijan maintained their operations, albeit in a reduced capacity as the 20th century began. Military-field courts were established in August 1906, only to be officially abolished in April 1907. However, their duties were effectively carried out by military district courts. With the October coup, the existing judicial system in the Baku governorate was dismantled. In its place, district and county courts were established, each presided over by a permanent judge and two members.

During the Azerbaijan Democratic Republic era, the government of Azerbaijan was relocated to Baku, prompting the reconstruction of the judicial system. On October 1, 1918, the government made the decision to dissolve the judicial and investigative bodies established during the Baku Commune. The Baku District Court was reinstated along with its subordinate departments. The Judicial Chamber of Azerbaijan was then established on November 14, 1918, consisting of civil and criminal departments, and serving as an appellate court. The Chamber handled significant criminal cases, particularly state and official crimes, acting as a court of first instance. The Azerbaijan Judicial Chamber officially opened on March 16, 1919, operating from the Baku District Court building. As construction work accelerated in the national army units in Azerbaijan in early 1919, military courts were established. The Parliament passed a temporary statute on April 14, 1919, outlining the structure of the Military Court in the Republic of Azerbaijan. In March 1920, a draft regulation for the Senate of Azerbaijan, which would serve as the Supreme Court, was prepared and presented to the parliament. Additionally, village courts were operational throughout the republic's existence.

From 1920 to 1936, the judicial system in Azerbaijan was structured around socialist principles. During this time, the Regulation “On Peoples’ Courts” was implemented, which governed the organization and operations of the new judicial bodies. The peoples’ courts in Azerbaijan handled all criminal and civil cases, with the exception of counter-revolutionary and particularly dangerous crimes. The Council of Peoples’ Judges served as the highest court, acting as the court of appeals and consisting of judges elected by their peers from across the republic. Alongside the peoples’ courts, revolutionary tribunals were also established to address actions that threatened the socialist structure and the stability of the country. Revolutionary tribunals of Governorate were set up in Baku and Ganja, with the Supreme Revolutionary Tribunal serving as the court of last resort. Other judicial bodies, such as the Military-Field Tribunal, the Military-Railway Tribunal, the Revolutionary Tribunal of the Army, and the Caspian Sea Tribunal, operated alongside the Supreme Tribunal during this period.

On December 9, 1922, the Statute “On the judicial structure of Azerbaijan SSR” was adopted, establishing a unified judicial system based on decisions made by the Provisional Revolutionary Committee of Azerbaijan on February 13, 1923. This system included People's Courts, District People's Courts, and the Supreme Court of Azerbaijan SSR. The Supreme Court of Azerbaijan SSR oversaw the activities of all judicial bodies in the republic.

The 10th chapter of the 1937 Constitution outlined the role of the courts within the state, detailing their organization, powers, and forms of activity. The Republic Justice Commissariat was responsible for court administration, with the Supreme Court operating independently from the Judicial Commissariat system to provide judicial oversight. The unified court system encompassed general courts and special courts, such as military tribunals, railway transport line courts, and water transport courts. In 1953, the railway transport courts of Azerbaijan merged with the Caspian water basin courts to create a single transport court. Following the dissolution of the Ministry of Justice of the Azerbaijan SSR on December 7, 1959, the Supreme Court took on the judicial management function previously held by the Ministry of Justice.

The Statute “On Partnership Courts”, adopted on October 9, 1961, established partnership courts by local soviets in enterprises, departments, and organizations with a minimum of 50 employees. These courts were also set up in universities, secondary schools, collective farms, houses with united neighborhood committees, rural settlements, and settlements created by the decision of relevant general meetings with the consent of executive committees. The courts, typically elected for one-year terms, handled cases involving violations of labor discipline, immorality, and other acts against social norms.

Following the re-establishment of the Ministry of Justice on October 27, 1972, the function of judicial administration was transferred from the Supreme Court to the Ministry of Justice.

On May 17, 1988, the Council of Ministers of the Republic adopted the Regulation “On State Arbitration Bodies” in Azerbaijan SSR. This regulation slightly expanded the authority of state arbitration in protecting the rights of enterprises and cooperatives.

The Law on the Judicial Structure of the Azerbaijan SSR, dated June 26, 1990, introduced significant changes to the judicial system. One of the key innovations was the introduction of jury trials to determine the guilt of defendants in cases involving minors or crimes punishable by imprisonment for more than ten years or the death penalty.

After the Republic of Azerbaijan regained its independence, the structure and composition of the general courts in the country were initially based on the Law of June 26, 1990. The district (city) courts served as the main link of the judicial bodies during this period. Following the abolition of the Nagorno-Karabakh Autonomous Province, the regional court's activities were also terminated. Despite these changes, the Baku City Court, the Supreme Court of the Nakhchivan Autonomous Republic, and the Supreme Court of the Republic of Azerbaijan continued to operate in their existing capacities. Additionally, a military collegium was established within the Supreme Court, alongside the criminal and civil collegiums. On February 25, 1992, the Law “On Arbitration Courts” was enacted, transforming the state arbitration institution into a judicial body. This led to the creation of the Supreme Arbitration Court of the Republic of Azerbaijan, the Supreme Arbitration Court of Nakhchivan Autonomous Republic, as well as city, regional, and interregional arbitration courts. Together, these institutions formed a unified system of arbitration courts in the republic. Furthermore, the unified judicial system of Azerbaijan included military tribunals that operated within the armed forces of the country.

The Constitution of the independent Republic of Azerbaijan, adopted in 1995, established a three-level judicial system in the country, with the Law “On Courts and Judges” being enacted on June 10, 1997. Subsequently, the appellate court was formed as part of this system and has been operational since 2000. In a move to enhance the judicial system, regional appellate courts were introduced on January 19, 2006, and began functioning on July 16, 2007. The Constitution of the Republic of Azerbaijan outlines the legal status, position, and significance of the Supreme Court. The designation of the Supreme Court as the highest judicial authority in Article 131 of the Constitution underscores its esteemed legal standing.

In line with ongoing reforms in the country, the Judicial-Legal Council, comprising 15 members, was established as a self-governing body of the judiciary in February 2005. This council is responsible for organizing the training of judges, assessing their performance, managing transfers and promotions, as well as handling disciplinary matters and other issues related to their duties.

The establishment of administrative justice in Azerbaijan marked a significant milestone with the adoption of the Law “On Administrative Proceedings” and the Code of Administrative Procedure. Regional administrative-economic courts have been in operation since 2011, providing a framework for resolving administrative disputes.

In a move to modernize the judicial system and address contemporary challenges, President Ilham Aliyev signed a Decree on April 3, 2019, ushering in a new era of judicial reforms. This decree led to a series of institutional changes, including the establishment of administrative and commercial courts in 2019, which officially began operating in 2020.

Furthermore, the digital revolution played a crucial role in transforming the judicial landscape. Electronic court proceedings were introduced, paving the way for the full implementation of the “Electronic Court” Information System in all courts of the republic by 2023. This technological advancement has streamlined court processes and improved access to justice for all citizens.

Note: The information presented was sourced from the monograph "History of Law in Azerbaijan" by Kh.J. Ismayilov.