Lawyer: “President’s special delegations are not a new form of governance”
President Ilham Aliyev declared that a new management model will be implemented, with special presidential representations for the regions.
The head of State spoke about this on March 28 when he received his newly appointed special representative Masim Mammadov in Lachin.
Ilham Aliyev said that after this appointment, his special representatives will start working in most of the regions that are under Azerbaijani control after the 2020 Fall War:
“It has not been appointed only in the Kalbajar region, but it will happen. In these areas, at the same time, a new management method should and is being applied.”
“In the future, this should be applied in all other parts of our country as a new management model. That is, it is both a major construction work and a new management method. I am sure that this will greatly contribute to the comprehensive development of not only these territories, but our country as a whole,” Aliyev added.
On February 4, 2021, the head of state approved the statute on the special representations of the President.
The document reflects the directions of activity, duties, and rights, and the organization of the activity of the special representative together with general provisions.
Fazil Mustafa: “Constitutional reforms should be implemented in this direction”
Speaking to Meydan TV about the views expressed by the head of the country, the head of the Great Construction Party (GCP), deputy Fazil Mustafa said that in principle, if a special representative of the president is appointed, the executive power structure should be abolished.
Fazil Mustafa believes that constitutional reforms should be implemented in this direction:
“That is, specifically, the local part of management should be given to special representatives. Because the executive heads are also appointed directly by the president, he has the status of a special representative. Nomenclature may vary, but due to special representative status, dual governance is likely to be eliminated. In any case, the referendum should clarify the constitution.”
The deputy considered it important to clarify both the form of administration and the form of legislation of the Nakhchivan Autonomous Republic:
“In fact, the Supreme Assembly of Nakhchivan performs the executive function. Therefore, the Cabinet of Ministers in the autonomous republic has a formal character. Because the chairman of the region is not only the head of the legislative body, but also all the powers of the executive body belong to him. It’s just that it is functionally performed by the Cabinet of Ministers. Look, this issue should be considered. In general, several functions in Nakhchivan have been arbitrarily mastered. For example, what is the need for the Anti-Corruption Office, the Ombudsman, and the Press Council? Many structures do not conform to the principles of a unified state. It seems that the head of the country has also announced it, and for this, a referendum must be held to clarify the functions. However, what I said is a possibility, because I do not have complete information.”
Mustafa said that he has suggestions in this direction:
“I don’t think it’s right to sound it because it hasn’t been paid attention to yet. “
He emphasized that local self-government is in a dead state because the rights of municipalities in Azerbaijan have been largely appropriated.
“In fact, it is necessary to “revive” the municipalities, and considerable powers of the executive authorities should be given to them. When a special representative is appointed, the revitalization of the municipality and the transfer of economic and communal activities to them can be considered.”
Party chairman: “If 12 economic zones are created, one special representative can be appointed for each zone”
Gulamhuseyn Alibeyli, chairman of the Aydınlar Party, considered it important to carry out management reforms mainly in local executive bodies.
According to him, there are many opinions that the special representative should perform more control functions:
” In fact, local authorities have implemented special representations. In this regard, the abolition of executive powers should be on the agenda in the future. A part of their powers can be given to a special representative, and most powers can be given to municipalities. Because it is not right to maintain both organs. It’s just that the special representative office should be an institution with control powers, it can be in the form of regional and district. However, certain changes should be made in the administrative-territorial units as well.”
” If 12 economic zones are created in the country, one special representative can be appointed for each zone. “Already, the issue of abolishing the executive authorities has been raised many times, which became relevant after the arrest of several executive heads in recent years,” Alibayli concluded his opinion.
Samad Rahimli: “The novelty here is only in the name and status”
Lawyer Samad Rahimli thinks otherwise.
Samad Rahimli considers it important to pay attention to the relevant regulation:
“In the first paragraph of the document, the name of the special representative is mentioned as a structure in the administration. They also operate within that structure. Yes, in the statute, the powers of the special representation overlap with the powers of local executive bodies, but there is no conflict of powers. Because the executive power in Azerbaijan belongs to the head of the country, he can shape it as he wants within the constitutional framework. The Constitution does not prohibit this.”
” Executive heads carry out the management of regions, and special representatives look at coordination work related to infrastructure issues. It is true that, from the point of view of effectiveness, we can say that what is needed by the two institutions, will be realized by the executive head. Yes, it is a valid question in terms of economic efficiency. But if the issue arises from a legal point of view, the head of state can create a special representation and retain the executive power. The latter cannot be repealed without amending the Constitution. Therefore, it is within the power of the president to keep both of them. As for the president seeing it as a new local government, the innovation here is only in name and status. That’s why I don’t see special representation as a new form of management.”
Samad Rahimli considers the referendum to be held as a political issue.
However, the lawyer shares the conclusion that the executive authorities are not an effective institution:
“I think that the powers of the executive authorities should be reduced, or they should be abolished and the municipalities should be strengthened.”
On July 7, a decree was signed on the establishment of Karabakh and the Eastern Zangezur economic region.
To date, special representatives of the president have been appointed for Shusha, Jabrayil, Gubadli and Zangilan, Nakhchivan, and Karabakh economic regions (Aghjabedi, Aghdam, Barda, Fuzuli, Khojavand, Tartar administrative regions, and Khankendi city).
Aydin Karimov and Emin Huseynov are the authorized representative of the President of Azerbaijan in the territories acquired after the 2020 War, including the Karabakh economic region, Vahid Hajiyev Jabrayil for Gubadli and Zangilan regions, and Fuad Najafli in the Nakhchivan Autonomous Republic.