Constitutional and Legal Support of Civil Service Relations in the Legislature: Azerbaijani Experience

By Mammadov, Oruj Jamil O. | Journal of Legal, Ethical and Regulatory Issues, January 1, 2018 | Go to article overview

Constitutional and Legal Support of Civil Service Relations in the Legislature: Azerbaijani Experience


Mammadov, Oruj Jamil O., Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

In modern Republic of Azerbaijan, constitutionally-based reform model was formed by the national leader Heydar Aliyev and applied in accordance with national peculiarities and international best practice (Blum, 2014; Cornel, 2015; Pozhitkov, 2015). These reforms are being successfully developed. In the Republic of Azerbaijan, reforms, focused on sustainable and stable state development, on building a law-governed state, developing human and civil rights and freedoms, are conditioned by the constitution implementation. The Azerbaijani model of comprehensive law-governed state development has already been formed due to on-going effective reforms. This model can serve as an example for the post-Soviet states (Shaw, 2013; Laitila, 2016; Van-Gils, 2017).

In modern Republic of Azerbaijan, successful state building process is based on the rule of law principle (Bartsits, 2011; Alekperov, 2012; Grazhdan, 2015). Law has a special status in society and state management. In this regard, modern legal science is characterized by some topical issues of great importance both from theoretical and practical points of view.

In our opinion, improving legal institution of civil service is one of the major factors determining modern state development. State official legal rules regulate social relations that arise between subjects with different statuses. Relations that arise due to civil service in the legislature are one of the components of legal relationship. In science terms, specific features of civil service, its theoretical and practical issues are relevant in the legislature (Ivanov, 2004; Jafarov, 2010; Kostruba, 2017). In this regard, some theoretical and practical problems in constitutional and legal support of civil service relations in the legislature are one of the topical issues that require scientific analysis (Melikova, 1988; Melekhin, 2007; Mamedov, 2015).

The main purpose of analysing theoretical and practical problems in constitutional and legal support of civil service relations in the legislature is to determine the distinctive features and legal framework of the civil service in the bodies of legislative power, and to bring forward the legislation improvement proposals.

As information sources, we have used the laws of the Republic of Azerbaijan and generalized material provided by domestic and foreign researchers.

DATA ANALYSIS

Necessary prerequisites for modern state development involve scientific justification of legal means and methods designed to eliminate problems arising in the course of state power realization, and reality check of scientific views, as one gives rise to another. Based on the lines of state authority's activity, public affairs effective organization and their purposeful management are one of the tasks assigned to state authority as a major indicator of its activity. In this case, we are drawing attention to the goals, functions, tasks and performance of all state authorities. According to Melikova (1988)

"The State is a complex mechanism consisting of interacting parts that are tied together. "

Khutinayev (2011) believes that specific features of a particular institutional system are manifested in activities performed by state authorities and public associations, in the behaviour of social groups and the nature of their interaction. According to the rules of international law, state's obligations to its citizens are the substantive side of official's rights and duties. Thereby, they determine the public affairs functions of the civil service (Bartsits, 2011).

In the sphere of state power management, legislature has the greatest responsibilities. Time-appropriate legislative activity is one of the necessary prerequisites for modern development. Laws adopted by the legislative body should be focused on real, most popular social relations. Thus, the legislative branch of government will ensure the realization of legislative tasks and functions of the State Thus, effective laws are an important part of public policy implementation through the legal rules, legal policy formation and positive attitude of citizens to the law-making activities of the state. …

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