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During the reign of the former Soviet Union the activity of the prosecution authorities of the Republic of Azerbaijan has been governed by the law of the Union "On the USSR Prosecution Office" dated November 30, 1979.
Military Prosecution offices did not operate in the system of the Prosecution Office of the Republic of Azerbaijan at that time. Military Prosecution Office located in Baku, Military Prosecutor's Office on the military unit No.63470 and naval forces, as well as Military Prosecution Offices of Ganja, Lankaran and Nakhchivan garrisons were operating on the territory of the Republic. These prosecution offices in turn were subordinated to the Military Prosecution Office of the Transcaucasian Military District.
After the collapse of the Soviet Union, these prosecution offices were liquidated and military prosecution bodies of the independent Republic of Azerbaijan were established.
The Constitutional Act of the Republic of Azerbaijan on the State Independence dated October 18, 1991, adopted by the Supreme Council of the Republic, played the role of the legal framework for the establishment of these prosecution offices.
According to Article 4 of the Act before the adoption of the relevant laws of the sovereign republic laws of the USSR, not inconsistent with the sovereignty and not presuming to change the state structure of the Republic of Azerbaijan, shall remain in force on its territory.
Later, by the Decision of Milli Majlis - the supreme legislative body - dated May 21, 1992, the Law of Republic of Azerbaijan "On Military Prosecution Office" was adopted. Moreover, on August 26, 1992 the President of the Republic of Azerbaijan adopted the law "On the conservation of validity and the rules of application of the legislative acts of the former Soviet Union, establishing the status of prosecution bodies on the territory of the Republic of Azerbaijan".
In accordance with this Law, the Law "On Prosecution Office of the USSR" dated November 30, 1979; Regulations "On the Military Prosecution Office" dated August 4, 1981, including other regulations defining the rules for issuance of special ranks to employees of the prosecution bodies, their remuneration, attracting to disciplinary responsibility, retained their legal force in the territory of the Republic of Azerbaijan. According to Article 2 of the Act, it was established that the rights and obligations of the USSR Prosecutor General and the Military Prosecutor General of the USSR on the territory of our republic respectively shall perform the Prosecutor General and the Military Prosecutor of the Republic of Azerbaijan.
By the Order of the Minister of Defense of the Republic of Azerbaijan, with the purpose of executing the above-mentioned acts all issues regarding the activity of appropriate military units were entrusted to the Military Prosecution Office of the Republic of Azerbaijan, as well as the Military Prosecution Office of Baku, Ganja, Nakhchivan, Lankaran, Fuzuli, Karabakh garrisons and naval forces.
According to the order of the Minister of Defense staff of military prosecution offices was included in the staff list of the Military Forces of the Republic of Azerbaijan. It was also established that the provisions of the Charter and Regulations setting the rules of military service also relate to the personnel of the military prosecution offices, while they are on active duty.
The lists of official positions and military ranks pursuant to these positions have been approved by the General Staff of the Armed Forces based on the Order of the Prosecutor General of the Republic of Azerbaijan. Financing of military prosecution offices is realized by the Ministry of Defense of the Republic of Azerbaijan.
During this period some changes have been made in the system of the Military Prosecution Office of the Republic of Azerbaijan. Military prosecution offices of the Air Force and Air Defense Forces, Naval Forces, Interior Troops, Border Troops, as well as specialized military prosecution offices and Absheron Military Prosecution Office have been established. Subsequently, these prosecution offices were abolished.
At the present time, the Constitution of the Republic of Azerbaijan adopted in 1995, the Law of the Republic of Azerbaijan "On Prosecution Office" dated December 7,1999, the Law of the Republic of Azerbaijan "On service in prosecution bodies" dated June 29, 2001, and the Law of the Republic of Azerbaijan "On Military Service", "On the Status of servicemen" and other regulations serve as a legal framework for the establishment and operation of the military prosecution offices.
Currently, the Military Prosecution Office, the Military Prosecution Office of the Nakhchivan Autonomous Republic, Baku, Sumgait, Gazakh, Tartar, Karabakh, Fuzuli, Lankaran and Zagatala Military Prosecution Offices operate in the system of prosecution bodies of the Republic of Azerbaijan.
MILITARY PROSECUTORS OF THE REPUBLIC OF AZERBAIJAN | |
---|---|
Aliyev Rovshan Adalat | 1992-1993 |
Tahmazov Nizami Isa | 1993-1994 |
Rzayev Ramiz Yagub | 1995-2000 |
Aliyev Siyasat Idris (Deputy Military Prosecutor) | 2000 - April 2003 |
Mammadov Ilham Isa (Deputy Military Prosecutor) | April 2003 - February 2005 |
Valiyev Khanlar Rustam | Since 2005 |
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