LIFE INTRODUCES CORRECTIVES

Azat Artsakh Daily,
23 June 08
Republic of Nagorno Karabakh [NKR]

Talk of the editor-in-chief of "Azat Artsakh" newspaper with the
chairman of NKR Supreme Court Ararat Danielyan – Mr Danielyan,
at present, processes of conforming the acting legislation to the
claims of NKR Basic law, improvement of judicial-legal system
are actively realized in the republic.As a result, some sudden
changes are introduced into the system established in the course of
years. Connected with it a question arises, Why has our Constutution
been adopted just after 15 years later of NKR proclamation? If it
would be adopted earlier, there wouldn’t be necessity of radical
improvements. – The Constitution, as a Basic law of our a country,
is adopted at the critical moments of its history that is, necessity
is arisen to legalize legally all that has been acquired in some
stages of history’s development. So adopting the declarations about
NKR proclamation on September 2nd,1991 and about state independence of
the republic on January 6th,1992, NKR people, realizing its right of
living free in its own country, has expressed it opinion in favour of
bases’ building of independent state. After the proclamation of NKR
in different periods some commissions of the Constitution, working out
the project, have been formed, a law, which regulates public relations
and the most important questions of state life. Time was needed for
it. But just after the republic’s proclamation, Azerbaijan declared
war and began armed aggression against Nagorno-Karabakh and we were
obliged to accept the war-call. But it’s necessary to confess, that
despite we hadn’t Constitution, nevertheless, constitutional laws and
bodies of government and state authority formed in accordance with it
were valid in the republic.Particularly laws about President, National
Assembly and government, elections,main principles of NKR citizenship
and so on. The questions, why this or that Constitution is adopted,
why it gets especially such contents, demand thorough study. In any
case the Constitution always reflects the real balance of forces
created in the society at the moment of its adoption. It’s notable,
that constitutive Armenians of the USA, creating the Constitution of
the country, had in view creation of the republic, but not democracy –
by its modern perception. Let’s quote an interesting detail: the text
of the USA Constitution contains 4400 words, but a word "democracy"
is not met in those ranges, which hasn’t impeded the United States
to become one of the most developed democracies of the world. But
let’s return to our history. It’s necessary to note, that post-war
realities, life itself have compeled to introduce some correctives in
the process of NKR state building. If you remember, in 1991-1994 we
have parliamentary republic. In 1994 an institute of presidency was
introduced, and as consequence, a reform of legislative authority
took place, as a result of which the parliament began to act on
the half-professional basis.In one word, in post- soviet period the
processes of improvement of state authority’s system, overcome of
post- war symptoms were taking place.These reforms should be reflected
on the Basic law of the country.The constitutional referendum taken
place on December,2006 became an apotheosis of the process of creation
and adoption of the Constituion. I consider important to note, that
the above-mentioned referendums of 1991 and 1992 became fundamental
documents and were put on the basis of today’s Constitution, the
Constitution, which became a reflection of united will of the people
by means of realization of own rights for building independent
statehood.In any country Constitution is a Basic law. A question
arises, why? As in other countries, in NKR also the Constitution,as the
most important constitutional act, consolidates the main principles
of public and state life, legal situation of citizens, authorities’
sources, a state’s structure and forms of governing.As you see, a
Constitution regulates the most important relations connected with the
state’s structure, as well as important questions of interrelations of
a state and an individual. That is,the Constitution, from the viewpoint
of state and society, as well as an individual’s interests, reflects
the main and more important relations, which in future are detailed in
ordinary laws and sublegislative acts. But the Constitution is called
the Basic law not only for that reason. Besides other circumstances,
it is also gifted with the highest legal power. This provision is
directly fixed in all countries, among them, in NKR Constitution. It
means, that all the laws and sublegislative acts should be adopted
on the basis of Costitution and according to its provisions. If an
acting law contradicts Constitution, it must be withdrown or must be
changed.It follows from this, that adoption of Constitution assumes
renovation of spot legislation.Constitution is called Basic law
for only the reason, that is adopted and changed by special order,
and besides it, it’s more stable, than acting legislation. But it’s
necessary to remember, that public life is consistently developing,
and in case of necessity corresponding changes and additions should
be introduced in Constitution. – Testimonies about existence of so
called history and legal and actual Constitution are not enough. In
other words, values being proclaimed in Constitution of this or
that country sometimes have little common thing or haven’t generally
in reality.As an example, we may quote an experience of the Soviet
Union, the Constitution of which was not the worst, but actually it
guaranteed not completely the rights and freedoms of citizens.What
can you say in that sense about NKR Constitution?

– Really, there are legal (formal) and actual (material) Constitution
conceptions in constitutional law.It’s a definite system of legal
norms regulating the circle of public relations, that is Basic law
of a republic, which consolidates public-economic order, form of
governing and state structure, instructs what must be. Actual and legal
constitutions can both coincide and differ.Their differences testify
about being partly false of norms of legal Constitution. Between
formal (legal) and material (actual) constitutions differences
are mostly noticed in the countries, where totalitarian political
regime operates, where the Basic law is called to disguise the real
essence of this regime.After adoption of the NKR Constitution one
and half year has passed, and it’s an insignificant period for state
building. Let’s agree, that in such not long period of time it’s
impossible practically to coordinate public relations with the norms
fixed in the Constitution, and above-mentioned differences in that
stage are inevitable.But we must note,that the republic’s authorities
consistently take measures for shortening the split between legal and
actual constitutions. – Transitional provisions of the Constitution
demand from NKR National Assembly to finish the process of conforming
the acting legislation to the Basic law within two years. Only six
months remain till the time expires, and we’d like to know in what
stage the process is?

– Beforehand let’s emphasize, that the conformation of the acting
legislation to the Constitution is quite extensive work.It’s enough
to quote only one number for having whole notion about volumes of
this work: about 600 laws have been adopted in the republic till
the constitutional referendum. In other words, it’s necessary to
review the whole spot legislation – hundreds of laws and legislative
acts, which touch all the spheres of state and public life. Judicial
legal reform carrying out at present is particularly connected with
it. In National Assembly of the republic working conferences have
been repeatedly convened , where questions, connected with review and
improvement of the acting legislation, have been discussed. Great part
of the work has already done, and I’m sure, that we shall finish this
process in the periods established by the Constitution. Conformation of
the legislation and the Basic law will give a chance to discriminate
clearly competences of all the wings of state authorities, to create
conditions for consolidation legislatively of citizens’ rights and
freedoms. It’s important to remember, that state building is an
uninterrupted process and in its every stage a necessity is arisen
for introducing correctives into the laws dictated by the life.

From: Emil Lazarian | Ararat NewsPress