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УДК 343.01 Asif oglu Gadirov Khanoglan, PhD in Juridical Sciences, Associate Professor of Academy of Public Administration EVOLUTION WAY AND DEVELOPMENT HISTORY OF CRIMINAL PROCEDURE IN

The article discusses some of the issues of theoretical and practical problems сonstitutional legal inves- tigation of criminal proceedings in the Azerbaijan Republic is characterized by a number of methodological characteristics. It is noted that, from the legislative point of view, the definition of criminal proceedings can’ot be considered complete. For this reason, the author, referring to the theoretical and legal literature, it considers it necessary to bring clarity to various concepts in criminal proceedings. Key words: law, criminal procedure, constitutional law, theory, practice

Regarding the research of the history of in its hands; individual rights were nearly on a criminal procedure law, M.Jafarguliyev de- zero level. Challenges for reforms have already notes that undergoing a unique rich historical increased. These challenges had become more development way, the criminal procedure law intensive after defeat of Russia by , Eng- has become the basis of the national land and Ottoman Empire in Crimean war. Czar regulating implementation of the justice court Alexander II preferred to carry out reforms by at present time. peaceful and compromise way, rather than a vi- Economic and political liberalism typical for olent and revolution way. the XIX century was reflected in codification In 1864 czar Alexander II adopted a new work and firstly it put forward determination of project called “Great Reforms” and stimulat- the general framework of the legal development ing acceleration of development of the empire. and later, minimum state intervention to a par- Within framework of this project economic, ticular law sphere. According to the opinion of legal and political reforms began to be imple- the lawyers of the XIX century, the codes had mented. Earlier, different layers of the society, exactly to determine the borders of the permit- i.e. the clergy, nobles, peasants were under the ted and prohibited deeds (1). guidance of the official bureaucracy of the em- The codification works begun in the pire. But at the result of the implemented re- XIX century in Europe influenced on Russia forms different layers were united under a single also. Codification of the valid law, arrangement system (5). in a chronological order of the law collected While carrying out a court reform, there over a long period of time was the requirement was given an order to give more attention to the of that time and objective necessity. civil and criminal procedure law, as well as to Codification of the law in Russia beginning the civil and spheres. This reform from the Legislation Assembly of 1649 until the was very important for the Russian society. end of the XVIII century led to collection of A number of new institutions were established, a great number of legal materials and it had a others were restored. negative impact on development of legislation. The reform of 1864 was attributed not only Among the legal acts collected for a long time to the territory of Russian Federation, but also there were a number of acts contradicting with to Poland, Finland, Ukraine, Belarus, Cauca- each other. Neither official, nor non-official dec- sian countries, including Azerbaijan and Baltic laration of the collection of has been car- countries which are independent countries at ried out. Many laws had not been published at present time. Alongside with Russia, the impact all and were spread just by the way of copying. of France, Germany, Austria and is evident Therefore, it had become a necessity to codify in the roots of the adopted codex. Therefore, this the law. Besides it, social and economic condi- historical reform is accepted as a continuation of tion of that period also demanded it. Capitalist European heritage. The character of the reform relations developing at that period in Russia was so strong that continued its impact on Po- also put forward a necessity to revise and up- land even after 22 years- until 1939. The adopted date the legislation. codex maintained its force in USSR period also; In the middle of the XIX century Russian just the names of some parts were changed. Empire still maintained the medieval feudal so- The project committee for implementation ciety. The state concentrated the main power of judicial reforms was established yet ten years

308 ¤Asif oglu Gadirov Khanoglan, 2018 6/2018 КРИМІНАЛЬНИЙ ПРОЦЕС earlier. At the begging of 1850s when this com- principles: oral juridical execution in spite of mittee began to function well-known Russian written execution, lawyers were included to it. The first result of The dispute process was carried out on the the work was adopted on September, 29, 1862 following principles: oral legal proceedings in- by Czar Alexander II and was published under stead of written proceedings, publicity instead the name “General provisions of juridical re- of privacy, adversarial instead of inquisition (7). forms”. There were 446 proposals put forward Unlike the inquisition, the court offered the by the judges and attorneys. But in the end, czar parties to be represented in court freely and ac- signed the final decision on November, 20, 1864 tively. The role of the judge in collection of evi- and 4 regulations were adopted. They were dences was passive. The judge would only make the followings: Regulations of Juridical Insti- a final decision on the basis of the collected evi- tutions, Criminal Procedure Code, Civil Pro- dences at the end. cedure Code and Criminal Code. In these acts In this case, the judge ensured an accurate the famous Russian state figure Michail Speran- implementation of the process of justice and al- sky’s influence was evident (6). lowed competition between the parties to reach New Russian Juridical system was estab- a conclusion. The party providing with more lished on the following principles: independ- sufficient evidences and proving his innocence ence of courts, adversarial principle, equality of within the framework of the legislation at the everyone before the law, the jury for judgment end was declared innocent by a court decision. on more serious crimes. The typical characteristics of the judicial re- The negative results of the reform were form of 1864were the separation of the judicial seemed from two aspects. Firstly, the reform power from the executive and legislative power, was implemented only in main cities of the independence of judges, and transparency of the country. The peasants, who made the majority court proceedings. of the country, had just a little effect of it. 80% For the first time the legal institution was of the population was peasants. But this reform established, the judicial system took its place referred only to 20% urban population. Second- as an independent system in the management ly, the code did not have an effective practice. of the empire. It also reflected equality of Because, this code which had been systema- everyone before the law. In jury trial the jury tized upon the practice of European countries, consisting of 12 jurors was confirmed to give did not match the Russian society. Though it a verdict on guiltiness or innocence of the ac- was successful in most of European countries, cused persons. The processes as overall con- in Russia it failed. Many Russian and foreign duct of the case, public hearings, provisions scholars consider that the codes adopted in Eu- about qualitative legal assistance to the ac- rope at that period were not working in Russia cused persons, research of the case on favorable appropriately. terms and acceptance of applications appeared. Despite all the negative aspects, judicial As these reforms began to be applied in prac- reform in Russia, guided by the principles of tice, there was a sharp increase in release of openness and contention could be considered many innocent persons (5). progressive. This reform has set a beginning of We have noted above that this Code was a newer Russian juridical history which lasts up meant as the main legislation act not only in to present days. tsarist Russia, but also in other countries in its Different authors denoted different structure and as well as, in countries under its thoughts about the reform of 1864 in their ar- impact. One of these countries within the Em- ticles. An article in the Russian journal “Law” pire was the Kingdom of Poland. published by the Ural State Law Academy lo- In January, 1863, after the revolution that cated in Yekaterinburg in regard to the 150th took place in Poland, the country's separation year’s anniversary of conduction of the reform from Russia from legal and political point of can be reminded. The article says that the jurid- view became impossible. Therefore, the reform ical reform of 1864 set foundation of the transi- conducted in 1864 was attributed to Poland, tion from inquisition court execution to adver- too. So a jury trial was canceled here, selection sarial proceedings. of judges was replaced with appointment of The transition to adversarial proceedings judges, unchangeability of judges was strictly played a great role in determination of the truth. limited. The aim of conduction of the reform Even this principle found its reflection in the in Poland was not only unification of the judi- provisions adopted in USSR period. Though cial system of the country to Russia, but also it in some courts objective processes lost their was an evident example of Russification policy. adversarial character during implementation, The Russian language was considered an official yet never came back to an inquisition form. The language in the courts and the judges were ap- adversarial process was carried out on following pointed by Russian lawyers (8). 309 6/2018 КРИМІНАЛЬНИЙ ПРОЦЕС

But at the same time together with the The adaptation of the reform to the local limited aspects of this reform, there were pro- conditions continued throughout the years yet gressive aspects of it also. A number of tradi- with difficulties. Ousting the Russian language tions remained from the feudalism period were in the courts, organization of the judicial system eliminated. Transparency of the trial view, in the local language, creation of meeting rooms equality of parties and independence of the in the villages had been included in the list of judiciary have been began to be applied in ac- factors formed over twenty years. Organization cordance with the Code. On the other hand it of courtrooms in the areas where formerly were was the result of the powerful effect of the re- only houses of the peasants was an evident proof form that these laws had kept their force in cen- of the development. tral and eastern parts of the country until the Generally speaking, it should be noted that 30th years of the XX century. The reform that the reforms conducted in Poland in the XIX cen- Russia conducted in Poland had been greatly tury played an important role in the development influenced by sphere of laws applied in Euro- of the country. As the impact of the French Code pean countries. Because of Poland’s location in was great on Europe, it led all the European codes the center of Europe laid ground for its being benefiting from it. In the case of Poland, once the different from the remote countries with certain country was united, all the shortcomings were features. The code’s preparation on the basis of done away with a new Code of Criminal Proce- the Napoleonic Code and the Civil Code which dure adopted in 1928 and important steps were had been in force until that time in Poland, was taken in the direction of the country's independ- a clear proof of it. One of the characteristics of ence and in adoption of new laws. the reform carried out here was the fact that ad- In the middle of the XIX century, the judi- ministrative and criminal cases was carried out cial reform was carried out in one of the areas by separate authorities. The cases related with included to the Russian Empire, in Ukraine, some right violations were put to consideration in 1864. The authors believe that as a result of directly in Russia. these reforms’ extension to Ukraine, protection Over time, a compromise on the issue of of the violated rights and legitimate interests appointment of judges in Poland was allowed. in this period were resolved under guidance of Tsar’s consent to selection of protectors of jus- the provisions of the reform. The judicial re- tice from the educated, as well as the owning form of 1864 had an impact on various aspects a property public formed a confidence of the of the Code of Civil Procedure of Ukraine. Such Polish community. But here also the empire in- important elements as the independence of the sured itself. Because, the selected persons were courts, the judicial process being of an adversar- evaluated because of the price of their property. ial character, openness and transparency, com- This policy of the czarist government showed mitment and execution of decisions were the that it had a specific purpose for directly selec- issues reflected in modern legislation (9). tion of those persons. To give priority to this In the eve of the reform, the Russian Empire, layer of the population is the indication of their one of the world's largest empires in terms of the more faithfulness to the empire. area and population, had in its structure the ter- The situation in rural areas remained tens- ritories of such modern countries as Ukraine, er than in the city. Here the judge managing Poland and Finland, as well as a number of oth- an area combining in itself a few villages was er lands. The country the population of which elected by the people. Shortcoming was that was 180 million, the total sum of the Ukrainians although majority of the population lived in vil- was only 18%. At that time, the population of lages, only a small part of the reforms was being the city of Kiev was 250,000 people, thus it had implemented in the villages (8). the title of the 7th largest city. Each of these adopted laws was projected by Until the completion of the reform of 1864 a Special Law Commission established in War- in the territory of the empire, in different coun- saw. This body reported directly to the Com- tries various acts reflecting feudal serf relations mittee of the Government of the Kingdom of and undergoing changes very often was applied Poland on the draft laws. The Commission was as the source of legislation. From this point of organized only from Russian lawyers. Many of view, Ukraine was not exclusion. And applica- them were young and inexperienced staff sent tion of these acts was focused to judgement of from the central provinces of Russia. The poli- the persons of Russian origin cy pursued by the members of this commission The reform made significant changes in which had no relation with Poland and had no the field of civil and criminal procedural idea about the local traditions was the main ob- law. In addition, the reorganization of the stacle for achieving results. Inclusion of no local courts, regulation of the civil and criminal lawyer to the commission organized by Nikolay procedural law were the issues included in Milutin was met with great discontent. the reform. 310 6/2018 КРИМІНАЛЬНИЙ ПРОЦЕС

The main goal of conduction of the reform of The effective application of this Charter had 1864 in Ukraine was the followings: been carried out in Lithuania since 1883. Al- 1) Elimination of the negative public opin- though after the collapse of the empire in 1918, ion in the judicial system and organization of an Lithuania withdrew from the structure of the independent judicial system based on election; empire and declared its independence, the im- 2) Doing away with non-systematical and pact of the reform of 1864 was evidently seemed sophisticated organization of processes and re- in legislation acts of the later periods. The leg- moval of long-term re-organization proceedings; islative act of 1864 was the contemporary leg- 3) Consideration of the cases on the base of islature statute and the impact of the Western openness, transparency and adversarial princi- countries, especially France, was clearly felt on ple, in accordance with the equality of the par- its text, (11). ties (10). After the reform a number of new problems Before the reform there used to be 12-13 insti- occurred in the newly established courts of tutions, but after the reform they were eliminat- Lithuania. Lack of qualified specialists, the dif- ed and a single judicial system was established. It ficulties arising while translation of the charter should be noted that before the reform, the same from Russian into the Lithuanian language, dis- case was considered both in administrative bod- agreements between different Russian and Lith- ies, and in juridical authorities. But after the re- uanian bodies, especially the disputes with the form, at the result of separation of the courts from Senate put obstacles on the way of conduction the administrative bodies and their independent of the reforms. However, despite of all these, functioning, the cases were reviewed only in the the reform was implemented successfully and court. Another factor showing development of the remained in force until 1940. This means that juridical institution was the fact that already an no procedural codes were accepted in Lithuania adversarial principal was applied and the parties until 1940. A charter of 1864was studied once could freely present their evidences up to the end again in 1990 when Lithuania gained its inde- of the process proving their rightness without the pendence and the certain items of the charter intervention of a judge. However, previously dur- were added to newly adopted Code (1). ing presentation of the evidences, the judges and Unlike other countries, in Lithuania adap- interested authorities used to violate the terms tation to changes was a bit difficult. As the Rus- of the objectivity making decisions meeting their sian language was the dominant language, there own interests. occurred very serious problems in the courts. All these features once again prove the pro- As the majority of the judges, parties and law- gressive aspects of the judicial reform carried yers did not know the language, the review of out in the XX century. While making modern the processes used to take a long time. The lack researches, the scholars refer to criminal pro- of local experts in Lithuania and migration of ceedings of 1864. Because fundamentals of the most of them to Russia was one of the issues af- most of the codes adopted later are consistent fecting the local environment. Most of the Lith- with this act. uanian lawyers studied in the central provinces However, the Ukrainian judicial system is and then remained there and began to work at not ideal, but it acts as a system far away with the local authorities. It also led to the country's the most of the violations has occurred in the lack of a lawyer. Incomplete understanding of past. Development of different institutions is the text of the Charter led to incorrect applica- still in the process and it is an indicator of sus- tion of most of the provisions contained therein. tainable development of the judicial system. However, after some time the Russian lawyers Therefore, the importance of the laws in the sec- began to render their support to the Russian tor of a modern legislation is undeniable. In en- translation of the charter. Their learning Lith- suring the welfare of society and quality of life uanian language and translation of the provi- of the population as all the organs of the state, sions put away with the misunderstandings. the judiciary also has its own role. As in other colonies, here also the same prin- Lithuania was one of the countries includ- ciples were applied. The independence of the ed to the territory of the empire. At that time, courts, establishment of the jury, transparency the reforms of 1864 were extended to Lithu- of the court proceedings, the parties' equality ania also. As the territory of the Baltic States before the law and the courts, application of the was under the rule of the tsarist Russia, all of adversarial principle referred to Lithuania also. the changes taking place here and all the laws Reflection of these provisions should be con- adopted here referred to these countries also. sidered as a great success. Now removal of the The lawyers took part in the conference held feudal-serf relations and adaptation to the Eu- for the 150th anniversary of the reforms of 1864 ropean system played a significant role in devel- tried to research the legal and historical results opment of the Baltic States. This charter’s being of the various acts adopted at that time. in force as an official act even 22 years later after 311 6/2018 КРИМІНАЛЬНИЙ ПРОЦЕС it was referred to Lithuania and its being on the preferred to apply Russian laws to this territory basis of the provisions adopted after it in differ- step-by-step taking into consideration totally ent times indicates the level of its importance. different environment of this country from the Reflection of the charter adopted in the point of view of the language, religion, nation- XX century in the main provisions standing on al mentality and so on. Thus, the tsarist regime the basis of the development of the Lithuanian kept the confessor courts, they were authorized of legislation and juridical system is a great suc- to judge and punish for the acts which were not cess indeed. It is a really great honor for the au- considered crimes in the criminal , thorities who were in charge of the implemen- but were against the laws of Sharia. tation of these reforms the 150th anniversary of Proceedings applied during the studied peri- which is celebrated. Of course, the reforms had od were fully of inquisition character and served a certain shortcomings due to that time, but in only for identification of the "truth". Review general they can be considered progressive. The and verification of the verdicts of criminal cases practice coming from the legal system of the de- passed through numerous instances causing dif- veloped countries of Europe is also a proof of it. ficulties; on one hand the relevant instances were In general, the criminal proceedings of 1864 overloaded with the work, on another hand it led were again examined and referenced in the acts to an excessive restriction of the time of the per- adopted after the World War II, during revision sons involved to judgement (2). of the Civil Procedure Code in 1990, and during All this, and most importantly, the emer- the preparations for adoption of the Civil Pro- gence of new already tested procedures in west- cedural Code in Lithuania in 2002. ern countries forced the czar government to As mentioned above, in 1864 the reform was make drastic changes in the judicial system. The carried out in all the lands the empire covered. Charter of the Criminal Proceedings adopted in As in European territory of Russia, the imple- 1864 opened a new phase in the history of the mentation of reforms in the South Caucasus proceedings. In January, 1, 1868, this act began region also took place on particular conditions. to be applied in Azerbaijan, too, in accordance Due to the different traditions, strictness of the with the Charter dated on November, 22, 1866 religious and local laws and rules, the reforms and the Law on implementation of the juridical were carried out with certain limits. Local en- regulations in the South Caucasus dated on De- vironment was to a certain extent taken into cember, 9, 1867. consideration not only in the reforms of the The Charter on Criminal Proceedings of juridical field, but also in urban, political and 1864 had a key and decisive role in bringing economic spheres. In the European literature, of the western adversarial criminal proceedings the word Azerbaijan is not used, generally the to legal system of Russia and, accordingly, of concept of the Caucasus is used. It also shows Azerbaijan. Thus, this act strictly separated the that with the name of the Caucasus was meant administrative authorities prosecuting crimes all the nations of this region. from the courts. Prosecution was re-established, The history of the current system of crim- and was released from general control function inal procedure law of Azerbaijan was accepted and was concentrated on the work of the court. to calculate from the XIX century, to be more For the first time, the institute of forensic precisely, since the annexation of Northern investigators operating in advocacy organiza- Azerbaijan into the czarist Russia. Until the tions, as well as in the district courts and not contracts of Gulistan dated October,12, 1813 depending on the police and prosecutors was and Turkmenchay dated on February,10, 1828 established. Investigation of the criminal cases when the territory of modern Azerbaijan Repub- began to be conducted in open court hearings. lic was included to Russia, Azerbaijani khanates The famous principle of the Ancient Roman ju- were governed by Sharia law, and criminal, civ- ridical law "the other side also should be heard" il, family and other disputes were handled by came into force. The concept of formal evidenc- the confessors in the sharia courts. The period es was eliminated. The rules on determination until the first part of the XX century, according of the strength of the evidences contained in the to the historical typology, criminal proceedings Charter of Criminal Proceedings had to act as referred to accusation type, however, was char- guidance for the judges’ internal belief for deter- acterized by the humanist values of the begin- mination of guilty conscience. With the verdict nings of some contention of sharia law. the guilt of the accused could be confirmed, or After becoming the administrative part of he could be justified. The accused persons could the Russia, criminal law and criminal procedure not be restrained as suspects. (2). law of the tsarist Russia began to be applied But of course, there were shortcomings of in Azerbaijan, too. However, the new manage- the reform, too. Regulations of the Court, in- ment system could not oppress Sharia law to cluding the Charter of the Proceedings were ap- a full range, it seems that the imperial power plied in Azerbaijan with significant exceptions. 312 6/2018 КРИМІНАЛЬНИЙ ПРОЦЕС

Judgment proceedings in conciliation courts Until the middle of 1917, Azerbaijan procedur- were implemented not by means of elections, al law covered mainly the acts that had been adopt- the judges were appointed by administrative ed in the previous period, especially the Juridical management. The local population almost was Charters of 1864. At the beginning of the century, not represented in the composition of the judg- the growth of the national liberation movement es. Corruption kept on rising in the judicial and the war situation, the process conducted in system, people's rights were violated and local the military district and military field courts were traditions were not taken into account. The exclusions. These courts were required to be com- hearings were conducted in the Russian lan- pleted within two days and the cases were reviewed guage, circumstances of the case were not en- closed to public. The judgment took effect imme- tirely clear to the participants of the court. diately and directed to the execution within a day. The instance of reconciliation was not es- These courts did not include the participation of tablished in Azerbaijan. In Russia the serious defense in the courts. Cases of torture and cruel crimes were conducted in a district court. But treatment were not exclusion. It was impossible to in Azerbaijan, neither the district court, nor the complain from the composition of the court and its district instance was established. The courts of judgments (3, p. 396). the first instance reviewed all the work as recon- During the reign of the Baku Council, the ciliation. The reconciliation congress was to be organization and activity of judicial and inves- established, however it did not happen, either. tigating authorities in Baku were regulated ac- The district courts as the second-instance were cording to the charter "About revolutionary tri- operating in Tbilisi. In addition, no institution bunals" dated on January 31, 1918, the of the jurors and the institute of forensic inves- of Baku NCC “About Court” dated on May 29, tigators were established in Azerbaijan. Deputy 1918, “About people’s court” dated June 6, 1918, Judge of the reconciliation court was fulfilling as well as, "About temporary tribunals under the work of these bodies. the labor commissariat of the council of Baku All these constraints did not allow full im- workers, soldiers and sailor deputies" dated on plementation of the reform. Both the Russian June, 30,1918 and other legal acts (3, p. 397). attitude toward Azerbaijan, as well as partial im- While looking at criminal matters both in plementation of certain provisions of the reform Russia and the Caucasus the laws issued by the here was a key factor. The local people could not previous governments were used. The legal pro- enjoy all the features of the reform which they ceedings were conducted in accordance with the had expected from a successful policy. Charter of 1864. The work was considered colle- If we compare the reform carried out in gially. Local people's court consisted of a perma- Azerbaijan with the above-mentioned coun- nent judge and two alternating juries which were tries, we will witness some similar and different called from the list in each session (3, p. 397). aspects. It should be noted that the most of the Democratic institutions – conduction of the states which are independent countries now, criminal proceedings in the national language, but at that time were joined to the empire un- the right of defense, orality and directness of derwent the same difficulties as the language criminal proceedings have been reflected in issue, the lack of local specialists and appoint- RSFSR’s № 2 dated on February, 22, ment of inexperienced Russian lawyers. The 1918 (4, p. 60). differences are that in comparison with other On June 23, 1918, in relation with the mil- countries the implementation of the reform in itary situation, the serious criminal cases such Azerbaijan had a limited nature. The reason of as speeches against the government, treason, ex- it was Azerbaijan’s location in the outskirts of tortion by threats, murder, robbery, armed re- Russia, religious differences, as well as a differ- sistance against the authorities, abduction and ence in the local traditions. Ukraine, Lithuania rape of women, burning residential construc- and Poland’s location in the European part of tions and grain, damaging of railways, telegraph Russia and the religion factor inevitably led to and telephone lines were extracted from gener- diversity in the reforms conducted there and in al court jurisdiction and the persons suspect- Azerbaijan. ed of having committed the above mentioned Generally, the reform stands out with its ad- criminal acts were determined to be accused vanced features. Therefore, in 2014, on the occa- by applying the laws of the military period. On sion of the 150th anniversary of the reform, the June 11, 1919 the same step was taken and be- lawyers of the countries which used to be the sides the serious crimes listed above, as well as part of the empire, but are independent country attempt on the life of the heads and members of now, expressed their thoughts about the reform the parliament and the government, attacks to and acknowledged that the basis of the criminal the military units, murder of the officials during legislation of their countries derives from this implementation of their work were also given to charter. the disposal of the military courts. 313 6/2018 КРИМІНАЛЬНИЙ ПРОЦЕС

In accordance with the "Provisional Regu- the right to legal assistance, presumption of in- lations on the structure of the Military Court of nocence, avoidance of the change of jurisdiction, the Republic of Azerbaijan" military investigators avoidance of repeated conviction for a crime, not started the case in the following cases: 1) the in- to make a person to testify against relations, the formation of the military government; 2) The pro- right to claim damages have been added. posal of the military prosecutor; 3) the knowledge A new Code of Criminal Procedure on of the judicial and administrative officials; 4) The July 14, 2000, besides reflecting the needs of the complaints and applications of the military serv- period, also was an important step in improving ants and private persons; 5) voluntary advent the criminal procedure law. (3, p. 446). The valid CCP consists of two parts - Gener- The bill “About establishment of the court al and Special units, and consists of 521 articles. jury of Azerbaijan” prepared on February, In the literature of the law as the main dis- 20,1919 by the auxiliary commission of the Min- tinguishing feature of the Code is shown deter- istry of Justice on "Involvement of the public to mination of criminals by new criminal proceed- participate in the administration of justice" in- ings and provision of all the rights and freedoms tended the participation of the jury not only for of all participants of the criminal procedure in- determination of the defendant's guilt, but also dicated in the Constitution, (3, p. 703). in resolution of the punishment issues. The bill The laws "On compensation of the damage "On organization of a special court for juveniles caused to the individuals at the result of the unlaw- who committed crimes" prepared in March of ful acts of the inquiry, investigation, prosecution 1920 and the others were directed on improv- and judicial authorities", "About complaint to the ing the judicial system and legal proceedings court against the decisions and actions that violate (3, p. 447). the rights and freedoms of citizens" provide com- The first Criminal Procedure Code of Azer- pensation right of the violated rights of everyone. baijan SSR was adopted on June 16, 1923 by the Recognizing adversarial principle of the parties and 3rd session of Azerbaijan SSR. M. Jafarguliyev principle of equality the new Code of lifted the im- evaluated adoption of this Code of Criminal balance between the prosecution and defense sides Procedure as an important step in development (3, p. 703). way of the legislation of the Republic and said In accordance with Article 1.1 of the CPC of that the new and first Code establishes a perfect RA, criminal procedure law of Azerbaijan Repub- system of procedural norms regulating inves- lic determines whether the deeds with criminal tigation and resolution of judicial authorities signs are considered a crime or not, whether the (4, p . 60). accused is guilty of committing an offense or not The Azerbaijan Constitution of 1937 con- and also determines the procedures of pursue and firmed a number of procedural principles like defense of the accused or the suspected person. reviewing the cases in court openly, conduction of proceedings in the national language, provi- References: sion of the right of the defendant to use his own native language and the defendant's right to de- 1. Baku University news № 3. The series of fense. Alongside the detailed notes on the duties social-political sciences 2010. and regulations of the justice court, a number 2. Firuza Abbasova, “Theoretical and practical of procedural provisions were also reflected in problems of the adversarial principle in criminal the Charter "About Judicial system" adopted in procedure law”. 1938 (3, p. 448). 3. Ismayilov Kh. History of Azerbaijan state and The Code of 1923 had been in force until the law. Manual. March,1, 1961. The Code of Criminal Procedure 4. Jafarguliyev M. Criminal process of Azerbaijan of 1961 was prepared on the basis of the RSFSR Republic. Manual. Baku. Law. 2002. p. 904. Code and consisted of 6 sections, 32 chapters and 5. Irina Reshetnikova. Ural State Law Academy, 453 articles. In 1969-1971 years during develop- 2008. ment of the criminal procedure law the following 6. Moscow State University named after documents were adopted: "About application of Lomonosov, 2014. labor law reform of USSR and union republics", 7. Theory of the Procedural Risk, 2012. "About confirmation of the charter on detention" 8. Artur Korobowicz Marie Curie Sclodowska and "About addition and amendments in the ba- University. Lublin, Poland. sis of the criminal law of the USSR and the union 9. Russian Law Journal, Volume II, 2014. republics," and so on. (4, p. 67). 10. Irina Izarova, Associate Professor at the Both before and after the Independence Con- Department of Justice. Taras Shevchenko National University of Kyiv, 2014. stitution of 1995, the changes were made to the 11. Valentinas Mikelenas, Professor at the Code of Criminal Procedure, the provisions as Faculty of Law, Vilnius University, Member of the judicial protection of rights and freedoms, the Lithuanian Academy of Sciences, 2014. 314 6/2018 КРИМІНАЛЬНИЙ ПРОЦЕС

У статті розглядаються деякі питання теоретичних і практичних проблем конституційно- правового дослідження кримінального процесу в Азербайджанській Республіці, характеризу- ються деякі методологічні особливості. Відзначається, що із законодавчої точки зору дефініцію кримінального процесу не можна вважати повною. З цієї причини автор, звертаючись до теоретично- правової літератури, вважає за необхідне з’ясувати різні поняття в кримінальному процесі. Ключові слова: право, кримінальний процес, конституційне право, теорія, практика.

В статье рассматриваются некоторые вопросы теоретических и практических проблем конститутционно-правового исследования уголовного процесса в Азербайджанской Республике, характеризуются некоторые методологические особенности. Отмечается, что с законодательной точки зрения дефиницию уголовного процесса нельзя считать полной. По этой причине автор, обращаясь к теоретически-правовой литературе, считает необходимым придать ясности различным понятиям в уголовном процессе. Ключевые слова: право, уголовный процесс, конституционное право, теория, практика.

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