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Why does the registration of inactive parties not cancelled in Azerbaijan? â€“ RESEARCH

Why does the registration of inactive parties not cancelled in Azerbaijan? â€“ <font color=red>RESEARCH </font>

04 May 2009 12:26 (UTC +04:00)

Baku. Elnur Mammadli â€“ APA. 53 political parties have been officially registered in Azerbaijan. The names of the great majority of these parties are not familiar even to politicians. Most of the parties registered in Justice Ministry do not obey their Regulations, they do not even hold congresses. Does the legislation envisage any responsibility for this? Is there a need for an inactive party to remain as a legal entity?

Senior advisor of Justice Ministryâ€™s department for legal entities, civil situations Etibar Mustafayev told APA that the legislation envisaged concrete reasons to stop activity of political parties. According to the article 16 of the law on political parties, it is banned to establish a party aiming to overthrow, change by force constitutional structure of Azerbaijan Republic, violate its territorial integrity, promote war, violence and brutality, stir up racial, national and religious enmity, commit actions contradicting the constitution of Azerbaijan Republic and international legal commitments. Moreover, the parties impeding elimination of the situation resulted in application of emergency situation can be closed. If a party commits actions beyond the goals and tasks of its Regulations, or actions contradicting the existing legislation, Justice Ministry can make a written warning to the head of the party. Mustafayev said parties could also pass decision to stop their activity at the congress. Etibar Mustafayev said there was no responsibility for not holding congress for years or not fulfilling requirements of the Regulations.
â€œIf congresses are not held in time, no punishment, responsibility has been determined. Only remarks can be made to these parties,â€ he said.

Head of Constitutional Studies Fund Alimammad Nuriyev told APA that the legislation did not determine the principles to cancel the registration of the party for its inactivity.
â€œTherefore, if a party does not participate in the election, or holds congress, it does not mean that the partyâ€™s registration must be cancelled. Parties must report to their members and public every year. This is not characteristic of Azerbaijan, though legislation determines these demands. Reports are not made even formally,â€ he said.
Nuriyev said the ministry could make warning to the party in connection with the violation of Regulations.
â€œBut no party has been warned up to now. They think such a step may be assessed differently, as pressure of the government on political parties. Thatâ€™s why they do not interfere whether parties obey Regulations or not,â€ he said.
Alimammad Nuriyev said only 5 or 7 registered parties had some activity.
â€œRarely we hear the names of the other parties. Most of them can not influence the processes. I think such cases should be regulated by the law, requirements should be put before the parties,â€ he said.

Mp Siyavush Novruzov considers that cancelling the registration of inactive parties is an accepted norm in the world.
â€œIn the leading European states, the activity of the party, which does not work over two years or participate in the elections, is automatically cancelled. The main function of the party is to participate in the elections and mobilize its electorate. The electorate of the parties, which do not participate in the elections, leave them for other active forces, because people want to devote themselves to useful labor,â€ he said.
Novruzov said a number of parties only have a seal, folder and chairman.
â€œThis is not a party, but a circle. We have given proposals to the parliament on amendments and annexes to the law on political parties. Here include legal instituting, financing of parties and representation in international organizations. There should be a procedure to reregister the parties, only those able to work should remain. About 50 parties have been registered, 50 have not been registered in Azerbaijan. Is there a need for these parties,â€ he said.

MP Panah Huseyn told APA the law did not demand liquidation of registration inactive parties and it was natural to save the registration of such parties. â€œThe law shows concrete conditions for suspending the parties. It relates to the security of the country. There is no question of suspending the party for the organizational issuesâ€. The lawmaker considers that the activity of political parties should be regulated by the liberal rules and granted with certain rights. â€œThe political organizing of the people should be sufficiently easy. The issues of restrictions should be addressed carefully. There are no such restrictions in Azerbaijan and I consider it normal. The multi-party system in Azerbaijan is in the phase of forming and it is very difficult phase. Therefore I consider the additional restrictions not expedientâ€. Huseyn said it was a right of parties to decide to join the elections or not and there was no such compulsive norm in the legislation like joining the elections. The lawmaker thinks that such issues will be solved in due course time.

In his interview to APA, Chairman of the Party of Intellectuals lawyer Gulamhuseyn Alibeyli spoke about the world experience and said according to the German legislation, registration of the parties not joined the elections double successively is liquidated. He said it would be not correct to implement it in Azerbaijan as a compulsory condition. â€œThe attitude to the elections has not to be a compulsory condition for the existence of the parties, but those, which were registered, but are inactive, need to be suspended. 7-8 of 53 registered parties in Azerbaijan are active today. If the party is inactive, it violates the laws and the Charterâ€. Alibeyli said the party system was less developed in Azerbaijan. â€œThe parties are mostly established not on the basis of ideas, but on the basis of personal and individual views. Most of the parties have similar, even same ideology. On the other hand, authorities show discrimination in relation to the parties and all opportunities of the opposition parties are restrictedâ€.

Political scientist Rasim Musabeyov said suspension of the parties for not joining the elections in the European countries connected with the governmentâ€™s support to the political parties. â€œInactive parties are suspended in those countries where the government supports the parties. The parties have a public responsibility in return. If they donâ€™t they lose the governmentâ€™s supportâ€. The political scientist said the government didnâ€™t support any party financially in Azerbaijan and therefore they had no responsibility. â€œExistence or not-existence of such parties doesnâ€™t change anything. It has no significance for the government and society. If there is a law on the governmentâ€™s support to the parties, then socially inactive parties should be suspended. Leaders of most political parties are keeping the partyâ€™s stamp at home for almost 10 years and doing nothing except rare interviews with mediaâ€. The political scientist said in fact it was purposeless to liquidate the registration of such organizations because they didnâ€™t create any obstaclesâ€.