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Home / The Prosecutor’s Office of Azerbaijan /HISTORY

HISTORY

Annually employees of Prosecutor General's Office of the Republic of Azerbaijan solemnly celebrate their professional holiday on October 1

The celebration of this day is based on the historical necessity. By the Decision of the Council of Ministers of the People's Republic of Azerbaijan dated October 1, 1918 the National Leader Heydar Aliyev signed a decree of July 17, 1998 on the celebration of October 1st as the professional holiday of employees of the Prosecutor's Office of the Republic of Azerbaijan.

In contrast to judicial authorities existing in many countries since ancient times, prosecutor's office was created as an independent institution only after many years.

The foundation of the prosecutorial institution as part of the public administration mechanism was founded by King of France Philip IV at the beginning of the XIV century. Presentation of the royal advantages by prosecution has been fixed by Law (Ordinance dated March 25, 1302). The law on the organization and operation of the Prosecutor's Office was adopted in France in 1586. This law became a model for the prosecutor’s office of Western countries and Russia.

Prosecution of Russian has been established by the Decree of Peter I "On the position of the Prosecutor General" dated January 12, 1722. In 1802, after the establishment of the Ministry of Justice in Russia, Minister of Justice served at the same time as the Prosecutor General of the country.

After the separation the Azerbaijani people and territory on the basis of the Gulustan (1813) and Turkmenchay (1828) treaties, Azerbaijan was occupied by Russia. Until January 1, 1841 commandant administration system was established in Azerbaijan. Prosecutor's supervision within courts was established after the transition to a nationwide system of civilian administration of the Transcaucasia. Basic provisions "On Prosecutor's Office" adopted in 1862, established the purpose and object of public prosecutor's supervision, duties and powers of prosecutors in Russia. At that time in Azerbaijan public prosecutor's supervision was carried out by prosecutors and deputy prosecutors of Baku and Yelizavetpol provinces courts, as well as by prosecutors and deputy prosecutors of Tiflis Trial Chamber having the right of appeal against the Azerbaijani courts. In February 1868, 13 new judicial offices with the appropriate prosecutorial supervision and investigation area were created in Azerbaijan.

The history of the prosecution authorities in the independent state of Azerbaijan dates from the establishment of the Azerbaijan Democratic Republic. On November 18, 1918 the Council of Ministers approved the "Regulations on the Judicial Chamber of Azerbaijan."

F.Khoyski, Kh.Khasmammadov, A.Safikurdski, T.Maninski were both Ministers of Justice and Prosecutors General of the Azerbaijan Democratic Republic. Prosecution authorities acting as part of Baku and Ganja district courts within their powers have put in a lot efforts for the Judicial Chamber of the Azerbaijan Democratic Republic in very tough and harsh conditions.

After the lapse of the Azerbaijan People's Republic on April 28, 1920 as a result of XI Red Army’s attack it was proclaimed a Soviet Socialist Republic. After the fall of independent state of Azerbaijan the prosecution and investigation authorities along with state agencies were liquidated under the decree of the Azerbaijani Revolutionary Committee "On the People's Court" dated May 12, 1920.

Given the need to create a special body exercising supervision function over all government bodies, under the decree of the Central Executive Committee of Azerbaijan "On the Public Prosecutor's Office of Azerbaijan SSR" dated July 11, 1922, foundation of the Soviet prosecutor's office was laid in the Azerbaijan SSR.

During the Baku Commune and in the following years A.Garayev, S.Chivanov, B.Velibeyli, B.Talibli, H.Hajiyev, A.Sultanov, Y.Mammadov were the People's Commissars of Justice and Prosecutors General of Azerbaijan SSR at the same time. In July 1936 the Prosecutor's Office of Azerbaijan SSR was excluded from the People's Commissariat of Justice, and began to operate as an independent institution directly subordinated to the Prosecutor's Office of the USSR.

For 70 years of the absolute reign of the Communist Party, the prosecutor's office has turned into a body serving the Soviet regime and the leaders of the party.

Despite the fact that during the years of the Soviet Union our country has achieved progress in such areas as education, science, health, culture and economy, it has also been subjected to repression, which lasted for many years during Stalin's regime. Mass political repressions of that period touched prosecution authorities as well. In 1937-1938 in Azerbaijan 21 prosecutors were convicted as "enemies and criminals" without any grounds. Among them were Prosecutors Generals B.Valibayov and A.Talibli, Deputy Prosecutor General A.Babakhanov, prosecutor of Shamakhi District Prosecutor’s Office A.Amirov and others. However, most employees of the Prosecutor's Office of Azerbaijan served the people faithfully fulfilling their responsibilities even in severe years of repression.  

During the Great Patriotic War, the work of the prosecution authorities, as well as other government agencies has been arranged in accordance with the military situation. In those years, the activity of Prosecutor's Office of Azerbaijan was directed to enforcement of laws on fight against desertion, supply of military products, assistance to the military front and strengthening of the back front. 70 prosecutors and 163 investigators have been mobilized. Many of them were killed in the battles, and most of them were awarded orders and medals.


"Regulations on the public prosecutor's supervision in the USSR" adopted on May 24, 1955 played a huge role in the development of the prosecutor's office. Prior to the adoption of the USSR Law "On Prosecutor's Office" dated November 30, 1979 prosecution authorities were operating in accordance with these regulations

After regaining independence in 1991, Azerbaijan proceeded to a new era. However, internal strives, anarchy and chaos prevailing in the country during the reign of the APF (APFP) dealt a huge blow to statehood. After the return to power Heydar Aliyev put an end to self-will and political anarchy dominating in Azerbaijan.

Since that time a new period started for the prosecution authorities. During this period, employees of prosecution authorities professionally investigated crimes against our independent statehood, the terrorist attacks against prominent public figures and statesmen, the cases of misappropriation of state property, violent crimes in the banking and financial system, including crimes such as looting of property of ordinary citizens. Offenders were punished according to their deserts. In October 1994 and March 1995 attempts of takeover and military coup were prevented. A group of prosecutors particularly distinguished during the investigation of these crimes.

Within 12 years after the restoration of independence Prosecutor's Office of the Republic of Azerbaijan moved through a civilian and democratic path of development. The prosecutor's office, which served the class interests turned into a body serving the rule of law, ensuring human rights and freedoms, combating crime, respecting law and order. Numerous laws and codes adopted during this period, including the Constitution of the Republic of Azerbaijan, the Law "On Courts and Judges", "On Constitutional Court", "On Prosecutor's Office", "On service in the prosecutor's office", "On Police", "On the operational-search activity", "On Lawyers and Advocacy", the Criminal Code, Criminal Procedure Code, Code of Execution of Sentences, Civil and Civil Procedure Code, Code of Administrative offences and a number of important legal acts have determined the place and role the prosecutor's office in a democratic society.

 

Prosecutors Generals’ of the Republic of Azerbaijan

Khasmammadov Khalil bey (28.05.1918-17.06.1918)

Khoyski Fatali Khan (17.06.1918-07.12.1918)

Makinski Teymur bey (26.12.1918-14.03.1919)

Safikurdski Aslan bey (14.03.1919-22.12.1919)

Khasmammadov Khalil bey (22.12.1919-01.04.1920)

Garayev Aliheydar Aghakerim (1920-1921)

Ivanov Sergey Timofeyevich (1921-1922)

Valibeyov Bahadir Qasim (1922-1926)

Talibli Boyukagha Mirgasim (1920-1930)

Hajiyev Husu Huseynali (1930-1931)

Talibli Boyukagha Mirgasim (1931-1932)

Sultanova Ayna Mahmud (1933-1934)

Mammadov Yagub Mammad (1935-1936)

Valibeyov Bahadir Qasim (1930-1937)

Alihuseynov Agahuseyn Mehdi (1938-1941)

Jabrayilzade Jabrayil Gashim (1941-1943)

Afandiyev Khalil Sadraddin (1943-1948)

Aliyev Aliabbas Najaf (1948-1951)

Rahimov Haji Mammad (1951-1954)

Babayev Adil Salmari (1951-1959)

Akbarov Seyfulla Akbar (1951-1963)

Mammadov Gambay Alasgar (1963-1976)

Zamanov Abbas Mammadtaghi (1976-1985)

Ismayilov Ilyas Ilyas (1985-1990)

Gayibov Ismat Ismayil (1990-1991)

Babayev Murad Kochari (1991-1992)

Shirinov Ikhtiyar Alibala (1992-1993)

Omarov Ali Omar (1993-1994)

Hasanov Eldar Humbat (1995-2000)

Garalov Zakir Bakir (since 2000)

 

The Constitution adopted in 1995 defined the status of the Prosecutor's Office and recognized it as a single centralized body with the subordination of territorial and specialized prosecutor's offices to the Prosecutor General of the Republic of Azerbaijan. In accordance with the Law "On Prosecutor's Office" dated  December 7, 1999, in the manner and cases stipulated by law supervision over the execution and enforcement of laws, investigation of criminal cases and the preliminary investigation procedure, supervision over the execution and application of laws in inquiry and operational-search activities, the protection of public prosecution in the criminal proceedings, as well as participation in the achievement of sentences imposed by the courts were referred to the prosecutor's office activities. In accordance with the referendum act "On Amendments to the Constitution of the Republic of Azerbaijan", which entered into force on September 19, 2002, the prosecutor's office also received a right of legislative initiative.

During the years of independence prosecutor's office of the Republic of Azerbaijan was constantly in the focus of the President Heydar Aliyev. Normative acts constituting the legal framework for the activity of prosecutor’s office, including the laws "On Prosecutor's Office", "On service in the prosecutor's office", "On the official emblem of the prosecutor's office", "On the official identification card of the prosecutors" were adopted at the initiative of the head of state. The "Regulations on the rules of the competition for employment in the public prosecutor's office" were approved by the Order of the President. Order "On the material and social support of employees of the Prosecutor's Office of the Republic of Azerbaijan" dated October 8, 2002 is the manifestation of constant care shown to employees of Prosecutor's Office by our honorary President.

"I believe that most officials of prosecution authorities are loyal and professional employees. Naturally, such people deserve to be trusted ... "These words are taken from a speech of our honorary President delivered at the historical meeting with the managerial staff of the prosecution of the Republic of Azerbaijan on April 26, 2000.

 In response to the care and confidence given by the head of state, employees of the Republican Prosecutor’s Office diligently fulfill the responsibilities entrusted to them in this historical speech. As a result of reforms carried out as a part of judicial-legal reforms, the prosecutor's office, which has turned into a completely modernized, democratic and civilized organization will continue to implement all measures necessary in order to justify the confidence and trust.