2. Modern judicial-legal system of Azerbaijan and latest developments
Following Azerbaijan’s independence, fundamental reforms were implemented in the judiciary of the country. These reforms served to establish a democratic society based on the national, cultural and historical traditions of the Azerbaijani people and were aimed, first of all, at ensuring of human rights in a more effective manner.
One third of the provisions of the first democratic Constitution of Azerbaijan adopted in 1995 which was prepared in accordance with democratic values and principles and through national referendum is dedicated to human rights and liberties, and the principle of division of power was endorsed. This Constitution which was evaluated by international experts as one of the democratic constitutions of the world laid strong foundations of the democratic system and legal state in the Azerbaijan and created grounds for implementation of legal reforms.
The judicial system of the country inherited from the former soviet union was totally re-established on the basis of democratic principles as a result of implemented judicial-legal reforms. 1

3. LEGAL SYSTEM Civil law system (vs. common law)
Codification (vs. case law)
Legislation consists of:
Constitution
Acts adopted by referendum
Laws
Presidential decrees
Resolutions of the Cabinet of Ministers
Acts of central executive authorities
International treaties, which Azerbaijan is a party to are integral part of the legal system of Azerbaijan (incorporation)
Unlike legal system of the UK, which is based on common law system, the legal system of Azerbaijan is based on civil (continental) law system. Thus, differing from UK, the main source of the law is not case law, but the laws adopted by the Parliament. The main and comprehensive laws regulating certain fields are called the Codes.
International agreements wherein the Azerbaijan Republic is one of the parties constitute an integral part of legislative system of the Azerbaijan Republic.
Whenever there is disagreement between normative-legal acts in legislative system of the Azerbaijan Republic (except Constitution of the Azerbaijan Republic and acts accepted by way of referendum) and international agreements wherein the Azerbaijan Republic is one of the parties, provisions of international agreements shall dominate.

4. LAWS “On Constitutional court” “On Courts and judges”
“On Prosecutor’s office”
“On Advocates and Advocates’ Activity”
“On Police”
“On Investigation-search activities”
Civil and Civil-Procedural Codes
Criminal and Criminal-Procedural Codes
Execution of Penalties Code
In line with the reforms, new progressive laws were adopted, including law “on Constitutional court”, “on Courts and judges”, “on Prosecutor’s office”, “On Advocates and Advocates’ Activity”, “on Police”, “on Investigation-search activities” and other legislation, as well as the Civil and Civil-Procedural Code, Criminal and Criminal-Procedural Code, Execution of Penalties Code and other codes which are fundamentally different from the previous ones. All these laws were drafted in accordance with democratic principles and international legal standards, and were highly valued by international experts.

5. 3 TIER INDEPENDENT JUDICIAL SYSTEM
Courts of first instance
Courts of appeal
Court of cassation
As a result of the reform of the judiciary, a new 3-tier independent judicial system was established, which is comprised of
courts of first instance,
courts of appeal and
court of cassation.

6. COURTS OF FIRST INSTANCE
-District courts; -Grave crimes courts; -Military courts; -Local administrative-economic courts.
In the Republic of Azerbaijan the following are considered as courts of 1st instance :
-District courts.
-Military,
-local administrative-economic courts and
-grave crimes courts operating under territorial jurisdiction
In order to provide you with general vision on the judicial system, I`ll go over the courts of all instances.
District courts try civil, criminal, administrative and other case within their jurisdiction provided by legislation.
They are established in districts, towns (except for towns of district subordination) and city districts of the Republic of Azerbaijan. Their jurisdiction is extended to respective district, town or city districts of Azerbaijan.
Only 1 district court is established in one district.
For example, Baku is divided into 11 districts in each of them were established district courts.
District court consists of the Chairman and judges. Number of judges of district court is determined by the Judicial-Legal Council.
Grave Crimes courts try criminal cases within their jurisdiction provided by the legislation.
Grave Crime Courts decides on the extradition of criminals, analyzes judicial statistics, studies and summarizes the data related to the level of arranging the judicial activity and judicial practice, and exercises other powers. These courts consist of Chairman, deputy chairman and judges.
The blockade of Nakhchivan Autonomous Republic, which is isolated from the mainland Azerbaijan, by the Republic of Armenia has been considered in the organization of the courts of Nakhchivan Autonomous Republic which is included in the judiciary of the Republic of Azerbaijan.
Court on grave crimes of the Nakhchivan Autonomous Republic reviews criminal cases assigned to its competence. Consists of Chairman and Judges.
Number of judges of grave crimes court is determined by the Judicial-legal council.
As a court or 1st instance, military court tries criminal cases within its jurisdiction provided by the legislation. Military court is organized with consideration of the number of military units in the Military Forces of the Azerbaijan Republic and other military detachments by administrative and territorial units of their location. Military court consists of Chairman and judges.
Administrative-economic courts try cases on administrative and economic disputes within their jurisdiction provided by the legislation.
They are established in administratively divided territorial areas or in free trade zones of the Republic.
Consists of Chairman and judges.

7. COURTS OF APPEAL
Hears appeals and appeal protests made under court acts on the cases heard by the courts of first instance assigned to its territorial jurisdiction.
Courts of Appeal are comprised of
a civil board,
administrative-economic board,
criminal board and
Military board.
Appeal Court is a higher instance court on civil, administrative and economic disputes, criminal cases and administrative violations. These courts try cases according to the appeal requests or protests against the judgments under the cases, previously considered by the first instance courts. They function under relevant territorial jurisdiction.
In line with the new judicial system, courts of appeal function in 5 regions of the country.
Court of Appeal consists of
-Plenary Board
-Civil Panel
-Administrative-economic panel
-Criminal Panel and
-Military panel
Thus, the Supreme Court of Nakhchivan Autonomous Republic is a court of appeal in relation to the courts of the Autonomous Republic. The rulings of the Supreme Court of Nakhchivan AR are considered by the Supreme Court of the Republic of Azerbaijan under cassation procedure.
According to the Constitution of the Republic of Azerbaijan Judges of the Courts of Appeal of the Azerbaijan Republic are appointed by Milli Majlis of the Azerbaijan Republic on recommendation of the President of the Azerbaijan Republic.

8. SUPREME COURT
The court of highest instance and judicial body on civil, criminal, administrative and other cases previously tried by the general and specialized courts.
Supreme Court is comprised of
Civil board, 
administrative-economic board
criminal board and
military board 
Supreme Court is the highest instance court and judicial body on civil, criminal, administrative and other cases previously tried by the general and specialized courts. It exercises justice in a cassation order; gives explanations as per practices in activity of law courts in an order envisaged by legislation.
It is established in the city of Baku, capital of the Republic of Azerbaijan and its jurisdiction encompasses entire territory of Azerbaijan.
Judges of Supreme Court of the Azerbaijan Republic are appointed by Milli Majlis of the Azerbaijan Republic on recommendation of the President of the Azerbaijan Republic.
Supreme Court is composed of the Supreme Court Chairman, deputy Chairman, Chairmen of Boards and judges.
Supreme Court consists of Plenary Board and Cassation Chambers.

9. CONSTITUTIONAL COURT
The Constitutional Court of the Republic of Azerbaijan is the supreme body of constitutional justice on the matters attributed to its jurisdiction by the Constitution of the Republic of Azerbaijan. 
The Constitutional Court of Azerbaijan Republic is the supreme body of constitutional justice on the matters attributed to its jurisdiction by the Constitution of the Republic of Azerbaijan. Constitutional Court is an independent state body and does not depend in its organizational, financial or any other form of activity on any legislative, executive and other judicial bodies, local self-government bodies as well as legal and physical persons.
The Court was set up on 14 July The legal basis for the activity of the Constitutional Court is the Constitution of Azerbaijan Republic adopted on 12 November 1995 (with modifications introduced as a result of referendum held on 24 August 2002), interstate agreements that Azerbaijan Republic is a party to, Law “On Constitutional Court” adopted on 23 December 2003, other laws and the Rules of Procedure of the Constitutional Court.
Constitutional Court is composed of 9 judges. The judges of Constitutional Court are appointed by the Milli Majlis of Azerbaijan Republic upon recommendation of the President of the Republic. Constitutional Court may commence the implementation of its powers upon appointment of not less than 7 judges. The judges are appointed for a period of 15 years. After expiration of his/her term of office a judge of the Constitutional Court may not be re-appointed to the same post. President and Deputy President of Court re appointed by the President of Azerbaijan Republic. The Constitutional Court adopts decisions on correspondence of laws, decrees and other normative legal acts to the Constitution and laws of the Republic of Azerbaijan. Constitutional Court of Azerbaijan gives interpretation of the Constitution and laws of Azerbaijan Republic based on petitions of the President of Azerbaijan Republic, Milli Majlis of Azerbaijan Republic, Cabinet of Ministers of Azerbaijan Republic, Supreme Court of Azerbaijan Republic, Prosecutor’s Office of Azerbaijan Republic and Ali Majlis of Nakhchivan Autonomous Republic.
According to the Constitution the following entities may apply to Constitutional Court: President of Azerbaijan Republic; Milli Majlis of Azerbaijan Republic (Parliament); Cabinet of Ministers of Azerbaijan Republic; Supreme Court of Azerbaijan Republic; Prosecutor’s Office of Azerbaijan Republic; Ali Majlis of Nakhchivan Autonomous Republic; Courts; Citizens; Ombudsman. According to Article 34.1 of the Law “On Constitutional Court” of Azerbaijan Republic any person who alleges that his/her rights and freedoms have been violated by the normative legal act of the Legislative and Executive, the acts adopted by municipality or a court may submit a complaint to Constitutional Court in order to restore his/her human rights and freedoms. Constitutional Court can examine individual complaints in following cases: if the normative legal act which should have been applied was not applied by a court; if normative legal act which should not have been applied was applied by a court; if normative legal act was not properly interpreted by a court. Complaints can be submitted to Constitutional Court after exhaustion of all remedies within six months from the date of entrance of the decision of the court of last instance into force or within three months from the date of violation of complainant’s right to apply to court.

10. EUROPEAN COURT OF HUMAN RIGHTS
As a member of the Council of Europe, Azerbaijan is a party to the European Convention on Human Rights
After exhaustion of all court instances, applications can be made to the ECHR.
The final domestic court instance is the Supreme Court.
It can also be noted that in order to familiarize the local judges regarding case law of European Court, monthly bulletins of the ECHR are translated into Azerbaijani, published and distributed free of charge among the judges, lawyers, etc. (project by BHM)

11. JUDICIAL-LEGAL COUNCIL
Independence;
Legality;
Collective decision-making;
Impartiality and
Objectivity.
As a result of reforms carried out in Azerbaijan the new body, the Judicial-Legal Council of Azerbaijan Republic has been established in February 2005.
Independence,
Legality,
Collective decision-making,
Impartiality and
Objectivity are the principles of activity of the Judicial-Legal Council.
The Council:
ensures organization and operation of the court system;
arranges selection of candidates who are not judges to the vacant judicial posts;
evaluates the activity of judges;
decides on the issues of transfer of judges to different judicial post, their promotion;
calling judges to disciplinary liability;
other issues related to courts and judges.
The Judicial-Legal Council is the permanently functioning independent body and does not depend on legislative, executive and judicial authorities, local self-governments or legal and natural persons in organizational, financial and other matters. The Council operates jointly with legislative, executive and Judicial authorities, Bar Association of the Republic of Azerbaijan and scientific organizations.
The Judicial-Legal Council is composed of 15 members, mainly judges, representatives of executive and legislative bodies, prosecutor’s office, as well as, bar association. Arrangement of selection of candidates who are not Judges to the vacant Judicial posts, evaluation of the activity of Judges, transferring of Judges to different Judicial post, their promotion, calling Judges to disciplinary liability, as well as, other issues related to courts and Judges are under competence of the Council.
Judicial-Legal Council forms the Judges Selection Committee which has been created to select candidates for positions of judge. Selection Committee is composed of 11 members, including judges, Council staff, and the Prosecutor’s Office, as well as, defense lawyers and act academicians.
Members of the Judicial-Legal Council can not be simultaneously members of the Judges Selection Committee.

12. REFORMS AND RECENT DEVELOPMENTS
Judicial Modernization Project
Reforms in judge selection and process
Reforms in bar membership exams
Ongoing project regarding adoption of the Law on free legal aid
Special support is provided by reputed international financial institutions to the judicial-legal reforms implemented in Azerbaijan. Thus, a joint project – “Judicial Modernization Project” is being implemented by the World Bank which highly values the achievements made in a short period of time in the area of reforms in the country and which was initiated by the leadership of the Ministry of Justice. The project envisions the construction of numerous court buildings, total renewal of the infrastructure in this area and measures to apply the most advanced technologies in courts.
-the number of judges has been increased by 2 times, and
-A Justice Academy was established and began to operate.
According to new regulations on judge selection, test examinations, as well as written and oral examinations designed for judge candidates were conducted under multi-stage procedures in 2005 for the first time, long-term training courses were arranged for judge candidates and judges from hight courts, well-known scholars, persons with profound knowledge and experience, as well as reputed foreign experts, including from Turkey, and Human Rights Commisioner of the Council of Europe, judges of the European Court of Human Rights, and experts of the European Center for General Law and ABACEELI were involved in these trainings.
Under the measures aimed at improving the efficiency of justice, the law on relevant amendments to the law “on Courts and Judges” drafted and adopted in effective collaboration with the Council of Europe and the law “on Judicial-Legal Council” are of significant importance. In addition, a separate division engaged in training of judges and state prosecutor, including judge candidates under the Judicial Legal Council. In line with the judicial-legal reforms implemented, the role of prosecution bodies in the society which are part of the judiciary has been reviewed, and their activities have been adapted to international standards and the requirements of democratic institutions. Thus, in accordance with the law “on Prosecutor’s office” adopted in 1999, several powers of the prosecutor’s office which existed before were eliminated, including the power of imposing sanctions for arresting which was delegated to courts, and supervision by prosecutor’s office over courts was ended. At present, the Prosecutor’s Office of the Republic of Azerbaijan initiates criminal cases as an independent state body and conducts preliminary investigation, leads preliminary investigation procedure, supervises the implementation of laws in the activity of interrogation and operational-search bodies, and defends state prosecution and files claims for the defense of state interest on civil cases. In the beginning of 2012, a working group was formed by renowned lawyers and advocates in order to prepare draft law on free legal aid and to prepare concept paper regarding this issue. This project is still ongoing and after completion would improve the situation regarding provision of free legal aid and access to courts. (access to justice)

13. BHM BAKU LAW CENTRE

14. WHO WE ARE
BHM Baku Law Centre was founded in 2001 and since then has established itself as one of the most reputable and respected law firms in the Republic of Azerbaijan. In over 12 years of successful legal practice, the firm has managed to build a large client base from all over Azerbaijan as well as internationally.
We offer local expertise with strong international connections.
The company has rapidly expanded in recent years and has a subsidiary, BHM Consulting Law Company,
in Aktau, Kazakhstan. 32

15. PRACTICE AREAS Banking and Finance Corporate Employment
Energy & Infrastructure
Sports
IP, Information Technology & Communications
Litigation
Tax
Private Client
Real estate 7

16. The General Assembly of the European Olympic Committees has adopted a decision on 8th of December 2012 regarding holding of the I European Games organized for the first time in the European history in 2015 in Baku.
BHM became the official legal services provider to Baku European Games Operation Committee (BEGOC) and is to provide all kind of legal services in connection with organization of the I European Games to be hold in Baku during June-July of 2015 and full legal accompaniment of the Games.
We`d like to emphasize several significant projects that we are currently involved in. 34

17. PROFESSIONAL LEGAL SERVICES AT “ASAN SERVICE” CENTERS
BHM Baku Law Centre provides legal assistance to citizens approaching “ASAN service” centers in Baku, Sumgayit and Ganja. Such legal assistance includes provision of both oral and written legal consultation to citizens, provision of explanations on legal matters, issuance of references, assistance in submission of claims to courts of all instances, compilation of complaints and applications as per request of the citizens, in other words, provision of legal assistance on all matters that “ASAN service” centers have been entrusted.
“ASAN service” centers under the State Agency for Public Service and Social Innovations under the President of the Republic of Azerbaijan were established in July 2012 by the Decree of the President of the Republic of Azerbaijan. These centers provide a huge range of services that include registration of commercial legal entities and tax payers, notary services, state registration of civil status acts, issuance and renewal of identity cards/passports of citizens and etc. Later in 2013 “ASAN service” centers were entrusted additional functions for provision of legal services to citizens.
As a result of the bidding BHM Baku Law Centre was chosen by the State Agency for provision of the legal services entrusted to “ASAN service” centers.
BHM Baku Law Centre provides legal assistance to citizens approaching “ASAN service” centers in Baku, Sumgayit and Ganja. Such legal assistance includes provision of both oral and written legal consultation to citizens, provision of explanations on legal matters, issuance of references, assistance in submission of claims to courts of all instances, compilation of complaints and applications as per request of the citizens, in other words, provision of legal assistance on all matters that “ASAN service” centers have been entrusted.
Taking into consideration huge flow of citizen to “ASAN service” centers for legal assistance, it is planned that legal assistance provided by BHM Baku Law Centre will cover all the regions of the Republic of Azerbaijan in the very near future. 35

18. MR. ANAR BAGHIROV MANAGING PARTNER
Main practice areas are corporate law, commercial law, dispute resolution, banking and finance, sports law and real estate issues. He is a leading litigation lawyer representing many corporations, including national energy providers,
banks and large international organizations, engineering and construction companies. He is the chairman of Azerbaijan Law Reform Centre, a co-founder and member of the Azerbaijan Lawyers Confederation, a member of Judges Selection Committee, Chief Editor of “Azerbaijan lawyer” journal and is on the editorial board of the Southern Caucasus Law Journal.
 Mr.Baghirov has been a member of the Azerbaijan Bar Association since 2005 and was elected to the Presidium of the Bar Association in (for more info:
He is recommended by Chambers and Partners, one of the world’s leading guides to the legal profession and well-known for its objective research, in General Business Law (Azerbaijan) of Chambers Asia Pacific 2014 edition.
Mr.Baghirov has also been identified for recognition in the International Who`s Who of Construction Lawyers 2013.
He graduated from Baku State University and gained a PhD from Azerbaijan National Academy of Sciences in 2006.

19. MR.FARIZ MAMMADOV MANAGING PARTNER
Fariz Mammadov is the managing partner at BHM. Mr.Mammadov's practice areas are corporate law, commercial law, energy law, banking and finance. He also specializes in real estate issues.
Mr.Mammadov has been a member of the Azerbaijan Bar Association since He is Advisor to the Presidium of the Bar Association in International Relations since 2013.

20. ACHIEVEMENTS:
The Legal 500 EMEA 2013, the international rating company which is considered to be the most competent international legal publication providing the most comprehensive worldwide coverage currently available on legal services providers, in over 100 countries recommends BHM Baku Law Centre in 14 areas of Law. BHM Baku Law Centre is ranked as one of the leading law firms in 2014 edition of the International Financial Law Review’s Guide to the World’s Leading Financial Law Firms: IFLR1000.

21. CONTACT INFORMATION:
“Baku Law Centre” (BHM) LLC SKS PLAZA, 7th floor 49 Fuzuli Street AZ1014, Baku, Azerbaijan Phone: ;
Web:
BHM Consulting Law Company
Grand NurPlaza Business Centre, office15
Aktau, Kazakhstan
Phone: +7 (7292)
Fax: (7292)