The Formation and Evolution of Local Self-Government in Azerbaijan and Modern Local Self-Government in the Post-Soviet Countries (Issues of Legal Regulation)

By Ismayilov, Khayyam J. | Journal of Legal, Ethical and Regulatory Issues, January 1, 2018 | Go to article overview

The Formation and Evolution of Local Self-Government in Azerbaijan and Modern Local Self-Government in the Post-Soviet Countries (Issues of Legal Regulation)


Ismayilov, Khayyam J., Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

The local self-government is one of the crucial components providing relationship between modern democratic state and citizen, as well as possibility of its participation in state governance (Brodkin, 1994; Ismayilov, 2011; Khamzin et al., 2016). Local self-governing bodies play important role of theory and practical aspects in solution of social-economical, culture and welfare, as well as regional problems of local level, which is increasing in accordance with the world practice on local self-government. The solutions of the problems of improvement of local self-government in modern times in Azerbaijan are the most important problems expected and required to be solved. Increasing the number of recent legislative acts reflecting the innovations of local self-government must be appreciated. And it is necessary to focus our attention on highlighting the forms of local self-government and traditions related with the local selfgovernment in Azerbaijan.

The study and analysis of positive features of local self-government which historically existed in Azerbaijan is one of the most important issues. Among the investigated problems the main importance must be given to the legal grounds of the formation and activity of the local self-government, especially formation and evolvement of self-government organizations in Azerbaijan and defining the legal aspects of the relation of local self-governments organizations with other organizations, especially with other state organizations, and as well as determination of legal indemnities of the local self-government organizations. It must be notable to analyse the knowledge relevant to the formation of local self-government organizations in different periods of development of the Azerbaijani statehood. All abovementioned put forward the importance of the historical-legal analysis of formation, development and activity of local self-government organizations in Azerbaijan which act as an independent authoritative organization in different regions of Azerbaijan and implemented the functions of provision of socio-economic needs of the residents.

Problems in governance are present not only in Azerbaijan but also in other CIS countries. They are characterized by remnants of the centralization of the Soviet era (Khamzin et al., 2016; Rystina et al., 2017).To create an effective system of local government, it is necessary to consider the historical and cultural characteristics of the population (Leshkov, 1872). Therefore one of the primary goals, facing the legislator, consists in search of the logical compromise inherent in local management of traditions and innovations. In this case it will be possible to bring to nothing percent of origin of negative nuances at application of the given system in real life.

Self-government is such government performed by persons, not considered persons, holding a professional state post, when management, contrary to is state-bureaucracy, is performed by means of interested persons (Kasumova, 1993). Local self-government is the decentralized government provided with system of legal guarantees, creating a basis for a close connection of local state bodies with corresponding territory and its population, with comprehension simultaneously a reality and importance of decentralization of independence of local bodies (Brodkin, 1994).

International law imposes on local government responsibilities for promoting the rights and freedoms of man and combats their disorders. For example, the Economic and social Commission for Asia and the Pacific in the framework of the program "Decentralization to poverty reduction" ordered the relevant local authorities to provide basic services to the poor and to implement a program of development for them (Laws and regulations, 2005). Convention on the elimination of all forms of discrimination against women and its optional Protocol has laid on local authorities the task to allocate funds for the fight against manifestations of gender discrimination (Laws and regulations, 1979; Laws and regulations, 2002b). …

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