2017 November 08 ( Wednesday ) 18:25:04
- Collegium of Advocates: we support supplements and changes
- Meeting of Azerbaijani and German military
- Authorities of Saudi Arabia will withdraw $ 800 billion of assets from the accused of corruption
- 1000 lawyers can not cope with 350 thousand legal cases - lawyer
- Aysel Mammadov will represent Azerbaijan at the Eurovision Song Contest 2018
- Lawyers of Jahangir Hajiyev appeal to court
- The appeal of lawyers is ignored
Baku/08.11.17/Turan: "The Bar Association declares that it supports supplements and changes to a number of legislative acts in connection with the improvement of the institution of representatives and will ensure to the proper degree all the tasks that lie with the College in this direction," reads the statement of the Bar Association in connection with the latest changes in the Civil and Procedural Codes, the law on the legal profession.
The college emphasizes that the changes are inherently aimed at securing a new stage in the institution of legal aid. "The additions and changes made to various legislative acts by the Milli Majlis in connection with the improvement of the institution of representatives are a continuation of the progressive judicial and legal reforms being carried out in the country. These changes will positively affect the quality of legal services," the board asserts. The statement says that President Ilham Aliyev at the disposal of "On Amending the Civil Procedure Code" recommends the Bar Association to increase the number of lawyers.
"To achieve this, all necessary measures will be taken by the Bar Association. Many lawyers appealed to the College in order to become lawyers. In this regard, in the very shortest time will be held examinations in the specialty. Passed exams will successfully become lawyers. At the same time, currently acting on the courts as representatives when applying to the Bar, as required, may become members of the Bar Association," the statement says.
he President of Azerbaijan signed laws on amending the Law on Lawyers and Lawyer Activities, the Civil Procedure Code and the Administrative Procedure Code. The amendments come into force on January 1, 2018.
The essence of the innovations is actually the liquidation of the institution of representation in courts. Citizens will be represented in courts only by professional lawyers - members of the Bar Association. Close relatives of individuals can make an exception. Legal entities will be represented in courts only by their full-time lawyers.
These amendments have caused criticism by the legal community and civil society, for in the conditions when there are just over 900 lawyers for 10 million inhabitants of Azerbaijan, the liquidation of the legal representation institution will leave the citizens without legal defense.
Baku / 08.11.17 / Turan: A meeting of military specialists of Azerbaijan and Germany began on Wednesday in Baku. Specialists in military psychology, military legislation, the press and public relations take part in the event, the press service of the Azerbaijani Defense Ministry.
The consultations are conducted in accordance with the program of cooperation between the defense ministries of Azerbaijan and Germany for 2017. During the meeting, there is an exchange of views on the issues of relations between military personnel, disciplinary law, psychological training during military operations. Lectures were presented on a number of topics. -06B--
Baku/08.11.17/Turan: Saudi Arabia authorities are going to confiscate assets and funds for a total of up to $800 billion in the campaign against corruption, The Wall Street Journal reports. According to the newspaper, last weekend, more than 60 people were detained, including princes, officials and other influential Saudis. The detainees are accused of money laundering, abuse of power, bribery, embezzlement of state funds and extortion of money from officials. The central bank of Saudi Arabia froze bank accounts of the corruption scandal's figures.
The assets confiscated from corrupt people will become the property of the state, the source asserts. According to him, the Saudi authorities intend to raise in this way up to 3 trillion rials (about 800 billion dollars). "They believe that they can get from these people from 2 to 3 trillion rials," the source said.
According to the WSJ, a significant part of these funds is abroad, which will complicate attempts to return them. However, even a part of this amount can correct the financial situation of Saudi Arabia, the article says. The newspaper notes: "the long period of low oil prices forced the government to borrow funds on the international securities market, and also to use funds from the gold and foreign exchange reserves."
On the night of November 5, the High Committee to Combat Corruption under the leadership of Crown Prince Mohammed bin Salman bin Abdul Aziz Al Saud decided to detain 11 princes and about 30 former and current ministers and businessmen on charges of corruption. The new body was formed by the decree of the Saudi monarch Salman bin Abdul Aziz Al Saud, who announced a large-scale campaign against corruption. -02D-
Baku / 08.11.17 / Turan: The latest innovations in the Azerbaijani legislation on providing protection in the courts will cause problems for both citizens and lawyers, said the well-known Azerbaijani lawyer Khalid Bagirov in interview with the Cətin Sual program (Difficult issue) of Turan agency.
On 31 October at the initiative of the Supreme Court, the Milli Mejlis amended the law on the legal profession, the civil procedure and administrative procedural codes. The day before, the head of state approved these changes, which limited the institution of representation. From now on, individuals in the courts for civil and administrative cases can only be represented by professional lawyers - members of the Bar Association. There can not be other representatives, except for close relatives. Legal persons in civil and administrative matters can be represented by their staff members. The innovations come into force on January 1, 2018.
Bagirov drew attention to the fact that the Supreme Court motivated the innovations with good goals-an increase in the quality of legal protection. However, the reform is not carried out in a complex but fragmentary way, and this not only does not solve the problem, but will generate new ones.
The fact is that the number of lawyers in the country is less than 1000 people, and the legal services market employs by ten times as many lawyers.
Until now, in the face of a shortage of lawyers in civil and administrative matters, the main burden fell on representatives who are not lawyers. This institution has been completely eliminated. Now, fewer than 1,000 attorneys will deal with litigation, the number of which reaches 350 thousand a year. This is very small. First, it will lead to a rise in price of lawyer services. Secondly, there will be problems in access of citizens to legal aid. Thirdly, the corrupt factor will increase. How should reforms be carried out? According to Bagirov, first of all it was necessary to develop the institution of the Bar, and only after this, think about the liquidation of the institution of the Bar.
A group of practicing lawyers appointed a protest rally on November 18. Is it possible to influence the decisions of regulatory bodies of protest actions? Answering this question Bagirov said: "When we appointed the action the president has not yet signed this law. We hoped that by this action we will be able to convey our position to higher levels more widely. Unfortunately, the president signed the law. Today we will once again discuss the urgency of the action and perhaps we will insist on carrying out the action," Bagirov said. He retains the hope that the issue will be reviewed and the reform will be carried out in a different way. Bagirov believes that the issue must necessarily be revised, since otherwise about 1000 lawyers of the country will have to go out on 350-400 thousand cases a year.
"It's not real. Even if a thousand more lawyers are admitted to the college, defenders will still be missed," he said. Azerbaijan needs 10,000 lawyers. For Georgia, whose population is twice less than Azerbaijan, there are 5,000 lawyers. What is the way out of the situation? Answering this question, Bagirov said that the law should be suspended urgently. There were precedents in Azerbaijan when the parliament abolished regressive legislative acts some time later. The president has such powers.-03C06--
Baku / 08.11.17 / Turan: Azerbaijan will be represented at the Eurovision Song Contest 2018 by Aysel Mammadov, the statement by a Public Broadcasting Company. The performer was appointed by a special jury. Aysel Mammadova was born in 1989 in the family of Baku musicians. She graduated from the Bulbul Music School and the Azerbaijan State Conservatory.
Mammadova is a participant of the "Caspian Jazz & Blues Festival", the Baku International Jazz Festival, the festival in Montreux and others.
The pianist, vocalist and composer Mammadova received private lessons from such celebrities as Alexandre Coppaloni and Deborah Carter.
Interview of the agency Turan with Aysel Mammadova from 2012 can be read here.
Baku/08.11.17/Turan: Lawyer Fakhraddin Mehdiyev cannot meet in prison No.13 with his client, former head of the Board of the International Bank of Azerbaijan (IBA) Jahangir Hajiyev for almost six weeks. "Due to the fact that they do not give me meetings with Jahangir Hajiyev, I cannot meet with two other my clients in the jail," the lawyer told Turan. The lawyer noted that in jail N13 and earlier defenders faced difficulties in meeting with prisoners. "However, if earlier this was motivated by the limited opportunities in the room for meetings of lawyers with clients, now there are no explanations at all," said the lawyer.
On November 1, the lawyer went to the jail in the morning and stayed there for many hours, and did not get a meeting. The lawyer said that he had already complained about "this lawlessness" to the Ministry of Justice, the Penitentiary Service and the ombudsman's office. "However, the Penitentiary Service received a reply that "no restrictions can be imposed on meetings with an attorney, present an identity card - get permission. But even after that, they continue to refuse to meet us," Mehdiyev said.
Earlier, the Prison Service stated that Hajiyev had been imprisoned because of a violation of the internal regulations of the colony and the assignment of the right of another prisoner to telephone conversations. In 2015, the IBA revealed major financial irregularities and capital outflows abroad. The former head of the IBA, Jahangir Hajiyev, was sentenced to 15 years of imprisonment, but pleaded not guilty and stated that all major loans were allocated with the consent of the supervisory board. Along with him, former heads of several IBA affiliates were sentenced to imprisonment. -05B06-
Baku/08.11.17/Turan: On November 7, 70 Azerbaijani lawyers who are not members of the Bar and dealing with the protection of the rights of citizens in the courts sent an appeal to the President of Azerbaijan Ilham Aliyev and Justice Minister Fikret Mammadov. The authors of the appeal asked to cancel the amendments proposed by the Supreme Court to the Civil Procedure Code and other laws, according to which only their close relatives and members of the Bar Association can protect the rights of citizens in legal disputes. In order for this bill to become law, the document was to be signed by the president of the country.
One of the initiators of the appeal - lawyer Ramil Suleymanov said that some deputies - lawyers and their colleagues, who understand the law, also spoke against this bill in the Milli Majlis. However, despite this, the president of the country still approved the amendments adopted by the parliament, which will come into force on December 1.
In the Bar Association of Azerbaijan there are 934 members, about 100 of them for various reasons do not work. About 230 attorneys live in the regions. In courts connected to the Electronic Court system, there are about 370,000 civil, criminal and administrative cases, and the same number of processes are on the agenda for ships not connected to the Electronic Court.
Members of the Bar Association will not be able to cover all these processes, and as a result, citizens will remain without professional legal protection. Such a situation will cause discontent among citizens, as corruption risks will grow in the courts. "Addressing the president of the country, we asked him not to sign the bill," Suleimanov said. The lawyers' appeal contains a number of concrete proposals:
-The right to represent the interests of citizens in civil cases and administrative disputes should be granted only to lawyers with higher education;
- It is necessary to abandon the legislative requirement for the representation of the rights of citizens in the Supreme Court only by members of the Bar Association;
- Persons representing the interests of citizens should be responsible for their non-professional activities;
- State bodies are obliged to respond to requests of lawyers representing the interests of citizens within the time limits established by law.
In addition, lawyers proposed to introduce a number of changes in the notarization of contracts between lawyers and citizens, as well as eliminate other bureaucratic formalities in the proceedings. All these proposals were ignored. -0--