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Supreme Court of Azerbaijan


The legal system of Azerbaijan is based on civil law. As the country was a republic of the Soviet Union until 1991, its legal history has also been influenced heavily by socialist law. However, after the collapse of the Soviet Union, Azerbaijan became independent by enactment of the constitutional act of national independence on October 18, 1991. Azerbaijan started reformation of the legal system by the establishing of democratic reforms. This was followed by the adoption of the first Constitution in 1995 which is the foundation of the legislative system of the modern country. The Constitution creates the system of presidential republic with a separation of powers among the Legislative, Executive and Judicial branches of the government in order to prevent abuse of power.

The term civil law in Azerbaijan refers to private law, which is opposed to the common law system of Criminal law and Civil law. The major body of statutes and laws governing civil law and procedure are set out in the Civil Code of Azerbaijan, established in December 1999.

The current Criminal Code of Azerbaijan came into force in September 2000, replacing the older Criminal Code of 1960 which had been based on the principles of Soviet law. Article 1 of the Criminal Code states that "the Criminal legislation of the Republic of Azerbaijan consists of this Code. New laws defining criminal responsibility are subject to inclusion in this Code"; this is characteristic of civil law legal systems such as France and Italy. In 1998 Azerbaijan was the first country in the Orient to abolish the capital punishment.


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