CONSTITUTION – THE GUARANTOR OF THE RIGHTS AND FREEDOM OF CITIZENS
Azat Artsakh Daily
09 Dec 08
Republic of Nagorno Karabakh [NKR]
Two years ago, on December 10th, 2006, the people of Nagorno-Karabakh
Republic adopted by a referendum the Constitution, which first article
says, that NKR is the sovereign, democratic, legal, social state. This
day, as a matter of fact, a new stage has marked in the process of
building of independent statehood of Nagorno-Karabakh. And it is
deeply symbolical, that the constitutional referendum was carried out
on December 10th – in the day when just 15 years ago our people, again
by a referendum, passed other fatal resolution about state independence
of NKR. And which is the significance of the Constitution, as the Basic
law of the country? As before its adoption a legislative base has been
already created, including the block of the constitutional laws which
allowed to regulate relations practically in all the spheres of public-
political life? However, adoption of the Constitution is an original
deification of lawmaking process, as the Basic law is a legislation
base, and it provides constitutionality all the laws, regulates mutual
relations between citizens and citizen-state relations. And it is
the extremely important for NKR people, who from the first day of the
state independence has proclaimed adherence to the law and democratic
values. There is a certain logic that our Constitution has been adopted
only 15 years later after a referendum about the state independence.
The matter is that the Constitution urged to issue legally all those
changes that have occurred in development of the society and state,
in socio-economical structures of the country and a public- political
life in turning-points of its history. For last years in history of
NKR the important events took place – after falling of the USSR the
social order has changed, the republic has passed test by the war made
by Azerbaijan, has overcome difficulties of postmilitary restoration
and market economy formation, realised measures on democratisation of
a public life, has carried out some presidential, parliamentary and
local authorities’ elections. All these achievements should be fixed
legislatively and consequently they have found the reflexion in the
Constitution of our country. Besides the Constitution as the basic
law of the state fixes political structures’ bases, defines forms and
methods of activity of state governing bodies, it possesses also the
higher validity, in particular, guaranteeing and protecting the rights
and freedom of the person. In our Constitution it is directly declared,
that Nagorno-Karabakh Republic recognises basic laws and freedom of the
person as the integral and higher values as a basis of freedom, justice
and the world, that the power in NKR belongs to the people. Taking into
account these democra tic principles, one of the most important norms
of the Constitution – maintenance of direct participation of the people
in government by means of elections of different levels: presidential,
parliamentary, elections of local authorities. However it is necessary
to underline, that democracy is not only the rights and freedom,
but according to the Constitution’s requirements, also the duties for
both all state structures, and citizens for living and operating. It
is important to notice also, that our aspiration to creation of
real democratic state, our desire and ability to live under laws of
the civilised world have also great value from the point of view of
prospects of the international recognition of independent statehood
of NKR. Certainly, we have selected a democratic way of development
and consistently we democratise a political life of republic not to
like someone. Certainly, no. It is our realised choice based on our
historical traditions, our mentality, on understanding of laws of
development of a modern civil society. But nevertheless in a foreign
policy context also it is not less important, that the provisions
proclaimed by the Constitution do not remain simply on a paper, and
in practice enter into our life as necessary and demanded norms that
will really confirms adherence of NKR to democratic principles. The
Constitution by right is considered the main, basic law of the
state. In comparison with the acting legislati on it is stabler,
thanks to which it provides internal stability of the state. But it
is necessary to notice, that public-political life of the country is
consistently developing, and, hence, at certain stages there will be
necessity to introduce in the Constitution corresponding corrective
amendments. However in all cases the main thing remains unchanged –
value of the Constitution as the Basic law of the state, the law
guaranteeing maintenance and protection of the rights, freedom and
interests of its citizens.
From: Emil Lazarian | Ararat NewsPress
