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Ultima descărcare din IBN: 2021-08-19 18:13 |
SM ISO690:2012 АСКЕРОВА, Матанат. Орхусская конвенция и законодательство Азербайджанской Республики о доступе к правосудию по вопросам, касающимся окружающей среды. In: Revista Institutului Naţional al Justiţiei, 2010, nr. 1(12), pp. 70-78. ISSN 1857-2405. |
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Revista Institutului Naţional al Justiţiei | ||||||
Numărul 1(12) / 2010 / ISSN 1857-2405 | ||||||
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Pag. 70-78 | ||||||
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The Article is devoted to the comparative analysis of the legislation of Azerbaijan Republic and article 9 of the Aarhus Convention. The author marks that the current legislation of the Azerbaijan Republic provides an easy access to justice and it is not connected to heavy charges. The national legislation provides the civil, administrative and criminal procedural legal capacity of a citizens and NGO, the decision of the courts are binding for all state and other organizations, is provided the criminal responsibility of functionaries in case of default. It is stipulated that the preliminary reference to superior bodies and to the functionaries on subordination is not an compulsory condition for putting in an application to the court, acceptance by court and the deciding on the merits. This position is an additional guarantee in case of negligence of administrative bodies to references of citizens. The analysis of judiciary practice of the Azerbaijan Republic shows that number of appeals to court on access to information, public participation in environmental matters is insignifi cantly. The reasons are fi lling requests of citizens by corresponding bodies and small number of references. There is also a rule of decisions revision of subordinate bodies within the framework of administrative procedure, which is used frequently. Therefore it is possible to speak about creation and effi ciency of independent body for an appeal consideration after wide education among the population, using and evaluation of existing procedures. The author ascertaining results of the researches, comes to conclusion that it would be advisable to exempt a citizens and NGO from duty and court charges for the further development of Aarhus Convention’s provisions and reliable protection of the rights of the public on cases of environmental matters. |
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