The expanding integration of digital technologies into the physical and administrative layers of modern cities has brought the smart city model to the forefront of urban development strategies. These environments rely on sensor-based infrastructures, interconnected operational systems, and continuous data circulation, forming complex digital ecosystems that reshape how public services function and how urban resources are managed. Yet the same technological density that enables efficiency also amplifies exposure to security breaches, intrusive data practices, and governance uncertainties. This study explores the legal dimensions of safeguarding these digitally dependent urban systems, with particular attention to how cybersecurity requirements intersect with data protection, infrastructural reliability, and the rights of city residents. Drawing on international regulatory experience, especially European approaches that integrate cybersecurity obligations with structured data protection rules, the article evaluates the capacity of Azerbaijan’s existing legal instruments to respond to the risks associated with smart city development. A comparative legal assessment reveals several gaps in national legislation, including fragmented responsibilities, limited procedural safeguards, and the absence of tailored norms for high-interconnectivity urban systems. Although Azerbaijan has established a baseline framework for information security and personal data handling, the operational complexity of smart infrastructures requires more adaptive, technically grounded, and enforceable regulatory measures. The article concludes by outlining direction-specific recommendations intended to strengthen legal resilience, refine cybersecurity governance, and support the secure and accountable development of smart city initiatives.
Müəllif :
Kamran Khalilov
Nəşr tarixi : 2025
This article examines the procedural and legal standards governing the application of medical coercive measures against offenders who are deemed legally irresponsible due to mental disorders. Focusing primarily on the Azerbaijani context, the study analyzes relevant provisions of the Criminal Code and the Code of Criminal Procedure, including judicial practice, Supreme Court decisions, and Plenum resolutions such as the 2012 therapeutic intervention guidelines. By exploring these instruments, the article highlights the mechanisms available for balancing public safety with the rights and medical needs of individuals who are not criminally responsible. In parallel, the article considers European legal frameworks, with particular emphasis on the standards established by the European Court of Human Rights and national legislations of selected European countries. This comparative approach allows for the identification of best practices, procedural safeguards, and the ways in which European states reconcile the protection of human rights with societal interests in security and crime prevention. Through a critical comparison of Azerbaijani and European approaches, the study identifies gaps in national legislation, inconsistencies in procedural implementation, and challenges faced by judicial authorities in applying medical coercive measures. The findings underscore the necessity of harmonizing Azerbaijani law with international human rights standards, ensuring both effective protection of society and respect for the fundamental rights of legally irresponsible offenders. The article concludes with policy recommendations and legal reform proposals aimed at strengthening the procedural framework, enhancing judicial oversight, and promoting a rights-compliant approach to medical coercive interventions. By bridging the gap between national practice and European standards, the study contributes to the broader discourse on human rights protection, criminal justice reform, and the ethical treatment of mentally disordered offenders.
Müəllif :
Lala Mammadova
Nəşr tarixi : 2025
This article explores the distinction between public law and private law, which constitutes a fundamental element in the structural classification of legal systems. The relevance of the topic stems from the fact that the correct identification of whether a legal relationship falls under public or private law is not only of theoretical significance, but also directly affects legal practice, including the applicable legal norms, procedural mechanisms, available legal remedies, and most importantly, the determination of which court has jurisdiction over the dispute. Particularly in legal relations involving public authorities and private individuals, the lack of clear boundaries between public and private law gives rise to jurisdictional conflicts and divergent legal interpretations. The article provides a comparative analysis of the historical development and conceptual foundations of public and private law within various legal traditions, especially focusing on civil law and common law systems. Furthermore, it examines the legal framework and judicial practice in the Republic of Azerbaijan, identifying specific instances in which the distinction becomes practically significant and legally complex. The study emphasizes the need for stronger theoretical underpinnings, more systematic treatment in legal education, and clearer legislative criteria to delineate public and private legal spheres. It concludes that establishing precise legal criteria for distinguishing public and private law, and ensuring uniform interpretation in judicial practice, would enhance legal certainty, protect the integrity of legal processes, and contribute to the efficient regulation of legal relations. The research employs methods of systematic analysis, comparative legal study, and normative legal interpretation.
Müəllif :
Roya Mirtalibova
Nəşr tarixi : 2025
The article describes the discrimination and violence faced by imprisoned women, especially torture and cruel treatment. The main topic here is the situation in the criminal justice system that concerns women convicted, as well as women sentenced to imprisonment. It deals with the risks faced by women in the private sphere or society, and also emphasizes the important link between prison culture and society. Violence against women is often contained in social and cultural values and practice. Other groups of convicted women at risk of cruel treatment and torture include women with limited health, foreign citizens, ethnic and racial minorities, and women belonging to Indigenous Peoples. The criminal justice system and the legislature cannot completely avoid the impact of these values and therefore their attitude towards women has not always been as serious as their attitude towards other forms of violence. Thus, the possibility of cruel treatment and torture available to women in places of deprivation of Liberty is a problem that can not be solved only by work aimed at correcting the situation in these institutions. The root causes of the special vulnerability of women in penitentiary institutions are often found outside the walls of prisons, although in places of deprivation of Liberty this vulnerability is even greater. Women are not only vulnerable to torture and cruel treatment, they also have special needs in places of deprivation of Liberty, which, as a rule, are often neglected (for example, women's special medical problems) or are greatly aggravated by the fact of being in prison (for example, some female prisoners are rejected by relatives as a result of stigma associated with convicted women). In this context, the needs of female prisoners should also be taken into account. As a rule, the main responsibility for the care and upbringing of children is assumed by women, as a result of separation from the mother and co-existence with the mother in prison, the child can be greatly harmed. In this regard, for pregnant women and mothers with underage children, the need for maximum consideration of the interests of the child is increasingly perceived, with an emphasis on penalties not related to deprivation of Liberty.
Müəllif :
Gunay Hajiyeva
Nəşr tarixi : 2025
PACE, as the main consultative body of the Council of Europe, is a key structural unit that ensures the legal, political, and institutional foundations of the organization. Its organizational structure is formed within the framework of international legal norms and principles, based on values such as democratic legitimacy, the rule of law, and the protection of human rights. The Assembly's structure creates a functional integrity through its supreme bodies, executive and administrative mechanisms, and special committees and commissions. Proportional representation of each member state, transparency of decision-making mechanisms, and principles of political pluralism within the structure ensure the legal and institutional stability of PACE. This research systematically analyzes the organization of PACE's main bodies and functional units, their operational directions, and their compliance with international law. This structure is regarded as one of the institutional models of regional cooperation within international organizations.
Müəllif :
Karamat Ganbarov
Nəşr tarixi : 2025
The article explores the impact of technological innovations, in line with the demands and opportunities of the modern era, on human rights and highlights major challenges for the future. With the development of technology, issues such as privacy protection, censorship, artificial intelligence ethics, and similar matters come to the forefront. These issues generate various social and legal problems, both due to the rapid advancement of technology and the changing needs of society. It is emphasized that there is a growing need for more legal and ethical norms in these areas, and the importance of finding regulatory approaches that not only consider the positive aspects of technology but also its potential risks. The article broadly discusses how the rapid development of technology affects human rights and what can be done to prevent these impacts. It also explores the relationship between international law, ethics, and technological innovations, stressing that this connection will require more attention in the future. Furthermore, the article highlights the importance of international cooperation and the establishment of appropriate legal frameworks in regulating new technologies. Such regulatory measures can not only increase the positive impacts of technology on social, economic, and cultural fields but also minimize its negative effects.
Müəllif :
Asmar Panahova, Sona Khalilli
Nəşr tarixi : 2025
This article examines the legal aspects of the forced displacement of Azerbaijanis from Western Azerbaijan during various periods of the 20th century and analyzes their right of return within the framework of international law. Key concepts such as the “right of return”, “property rights” and “citizenship rights” are explored within the human rights system, based on UN documents, the European Convention on Human Rights, and other international legal instruments. The article also discusses Armenia’s violations of these rights and possible legal mechanisms through which Azerbaijan may assert its citizens’ rights in the international arena. It emphasizes the importance of recognizing the rights of Western Azerbaijanis and ensuring their return under international legal norms in the context of interstate relations, regional stability, and the restoration of historical justice. The article aims to identify the international legal obligations of states and the potential mechanisms for their implementation. In modern times, the issue of return to Western Azerbaijan is increasingly being discussed at the level of the Republic of Azerbaijan and the diaspora. However, the legal justification and determination of practical mechanisms for this process in accordance with international law norms remains relevant and economical. The legal aspect of the issue is also important because it not only serves to recognize the injustices of the past, but also to create a legal basis for building a stable and lasting peace in the future. The main purpose of this article is to assess the forced displacements from Western Azerbaijan from the perspective of international law, to determine the legal foundations of the right of return, and to recognize this right.
Müəllif :
Gulgun Guliyeva
Nəşr tarixi : 2025
The main aim of this study is to understand the concept of property and to identify its types. The study examines the scholarly debates on the recognition of the right to property as a human right. The article also includes the application of the 'autonomous meaning' envisaged in Article 1 of Protocol No. 1, that is, how the right to property is regulated not only by domestic laws but also by the ECHR. The right to property has moved beyond a simple framework to become a more complex legal concept. According to this approach, the concept of property is defined within the framework of the Convention's own aims and principles. The research revealed that the concept of property encompasses not only physical assets but also other interests and rights. Using the comparative analysis method, similarities concerning the protection of property rights have been identified between international courts and arbitration tribunals. The study concludes by discussing three rule principles established by the ECHR. These rules regulate the limits of state interference with property and maintain the balance between the interests of the state and those of individuals. Consequently, the protection of property has been resolved by a case-law approach that covers not only its factual existence but also an individual's legitimate expectations.
Müəllif :
Khanimana Gafarova, Turkan Ahmadova
Nəşr tarixi : 2025
The article examines the judicial practice of refusing to grant defence motions as a systemic indicator of procedural imbalance in criminal proceedings. It is argued that formally lawful court decisions, expressed through the refusal to satisfy procedural initiatives of the defence, when persistent and typical in nature, are transformed into a mechanism of institutional restriction of the right to defence and undermine the principles of adversarial proceedings and equality of arms. Based on the criminal procedure legislation and judicial practice of the Republic of Azerbaijan, the study identifies typical grounds for such refusals, analyses their reasoning, and assesses their compliance with international standards of a fair trial. An empirical model of quantitative and qualitative analysis of refusals to grant defence motions is proposed, enabling the identification of structural defects in law enforcement. The frequency, nature, and reasoning of judicial refusals to grant defence motions should be regarded as indicators of procedural imbalance in criminal proceedings, reflecting structural inequality between the parties.
Müəllif :
Matanat Asgarova
Nəşr tarixi : 2025
Hazırkı məqalə Ermənistan-Azərbaycan münaqişəsində pozulmuş insan hüquqları və “jus cogens ” normalarının qarşılıqlı əlaqəsindən bəhs edir. Müəllif tərəfindən “jus cogens ” (beynəlxalq ümumi hüququn imperativ normaları) normasının anlayışı, elementləri və vacib şərtləri araşdırılır və həmin normaların Ermənistan-Azərbaycan münaqişəsi zamanı azərbaycanlıların pozulmuş hüquqlarına tətbiqi təhlil olunur. Təcavüz, soyqırımı, insanlıq əleyhinə cinayətlər və müharibə cinayətlərinin “jus cogens” normalarının pozuntusu kimi qiymətləndirilməsinə xüsusi diqqət yetirilir. Təhlil zamanı müvafiq beynəlxalq hüquqi sənədlərə və beynəlxalq məhkəmələrin qərarlarına istinadlar yer alır.
Müəllif :
Məhəmməd Quluzadə
Nəşr tarixi : 2026
