Lately, the “Hot-Line” service of the Joint Working Group for the Implementation of International Human Rights Standards has been receiving numerous calls dealing with the provision of legal interests of the citizenz and existence of bureaucracy and procrastination in the sphere of the state administeration by office holders.
Similiar facts that officials do not implement the obligations that they have undertaken before citizenz are also published in the press.
Sometimes it takes to much time when control bodies discover the violation of law and involve the employees in descipline. But these kinds of facts are not infrequent occurrences and often do not duly effect.
The analysis of the information published in the press regarding law violation, displays that, the violation is connected with the bureaucracy, procrastination and carelessness to the duties by functionaries.
The facts characterizing the acquaintance with the rule of law in the sphere of the state administeration are like following:
The first one is that, the rule of the consideration of complaints are not satisfactory, in spite of the measures taken to improve it. As the answers to the complaints of citizenz are groundless, they have to apply to the highest instances additionally.
The case of answering citizens` complaints and applications grounlessly and spending too much time to the issues which can be solved operatively by local courts are the reasons that citizens address to legal instanses.
The second one is that, officials and the employees of the organisations who do not follow legal instructions have not been put in claims, which leads to irresponsibility, carelessness to rule of law and impunity.
The third one is that, one of the reasons why the citizens themselves and organisations do not use their rights duly, is that, the legal culture of people whose rights are violated and state bodies which tnasgress the law, office holders, organisations is in low level.
It wouldn`t be right to say that, the citizens who complain about the inaction and wrong activities of the economic organizations and state bodies do not struggle for the realization of their legal interest and their own rights. But very frequently, they don`t run this struggle with methods and means which requires less power and leads to longed-for results and achievement of the goal that corresponds to the nature of their own rights.
The existing legislation of the Republic of Azerbaijan contemplates the activitiy of control bodies which keeping the legal and legitimate interests of citizens. Thus, citizens can take into court any action of functionaries. The trial takes much time and energy enough. At the same time, procurator’s offices do not hold general controlling function which posesses the possibility to solve operatively the complaints of citizens. The activities of the Azerbaijani Comissioner on Human Rights(Ombudsman) is not effective enough with reference to restriction of drastic measures to officials. Therefore, there is a big necessity to establish an institution which combines the function of public control of citizens and state control and is made up of representatives of non-governmental organisations, at the same time, of appropriate executive bodies.
This intitution (Public Control Committee) must have the plenipotentiary function which ranges from involving in disciplinary responsibility to requesting the president to free the officials who dishonestly carry out their duties.
The Public Control Committee of Azerbaijan Republic runs systematical verificatin of implementation of law and legiclative acts, stands up against anythig that harms legal interests of the society and state and leads to improve the sense of responsibility of citizens for social issues.