Каспинфо
ноябрь 2001

[закрыть]
Название: Сообщения НПО региона на англ. языке
Главные Пункты:
* В решении об отказе в иске С.Исаеву против Минюста Азербайджана о признании незаконным уклонения в государственной регистрации НПО "Ecolex-Azerbaijan" суд сослался на утративший силу Закон "Об общественных объединениях".
* Цели Общественно-Правового Центра по защите окружающей среды при Эколекс-Азербайджан: оказание бесплатной юридической помощи по вопросам окружающей среды; информирование населения и НПО о природоохранном законодательстве Азербайджана; защита прав общественности в судах и гос. органах; и др. Предусматривается выпуск бюллетеня Ecolex, в т.ч. в электронном виде; размещение на сайте http://ecolex.aznet.org информации по законодательству.
(21.11.2001)

Полный Текст
Сообщения НПО региона на англ. языке
Сообщения НПО региона на англ. языке

***
INFORMATION

about the problems are connected with state registration
of the Environmental Law Center "ECOLEX-AZERBAIJAN" NGO


The Environmental Law Center "Ecolex-Azerbaijan" is a nongovernmental,
nonprofit organization, which was established by the group of
Azerbaijan's jurists in autumn 1999.

The main goals of "Ecolex-Azerbaijan" are rendering of legal
assistance in the solution of the environmental problems of Azerbaijan
Republic as well as regions (Caucasian and Caspian) by means of the
following:
T assistance in the reinforcement of cooperation at the national and
regional levels between NGO's and public interested in the solution of
the environmental problems;
T rendering of legal assistance for all environmental NGO's and public;
T increase of public participation in the process of decision-making
on the environment;
T protection of the environmental human rights and assistance in their realization;
T rendering of legal assistance to the environmental public
associations for coordination of their efforts in future development
of the democratic civil society in Azerbaijan(http://ecolex.aznet.org_)

Since March 2000, the representatives of "Ecolex-Azerbaijan" NGO have
begun to the state registration process. After preparation of the
necessary documents, they were coordinated with Ministry of Justice
officials and only then the documents were submitted to the state
registration. This event occurred October 16. 2000. The fact of
document feed is confirmed by signature of Ministry of Justice
official and stamp. But unfortunately, Central Administrative Board of
State Registration of the Juridical Persons of Ministry of Justice
that is responsible for the registration process of the documents and
their transfer to the approval by the Board of Ministry of Justice as
well as Minister of Justice who is responsible for holding of the
board did not performed obligations, which were rested on their by the
law. As a result of this the right of citizens to the junction in the
association that is provided by Article 58 of the Constitution of the
Azerbaijan Republic was outraged.

May 2. 2001, Samir Isayev who is the Chairman of the Board of
"Ecolex-Azerbaijan" NGO addressed written statement to the Minister of
Justice Mr. F. Mamedov. In this statement Mr. Samir Isayev asked for
speed up the registration process and also he given notice of Minister
about Ministry official's negligence that lead to the violation of the
right of NGO's participants to the junction in the association.

Mr. Samir Isayev didn't received reply within month that is stated by
Article 10 of the law of the Azerbaijan Republic "About procedure of
consideration of the citizens applications" and so, June 11. 2001 he
filed an action with Yasamal district court of the Baku city against
Ministry of Justice on the based of Article 48.2 of Civil Code of
Azerbaijan Republic about recognition of illegal evasion in execution
of state registration of "Ecolex-Azerbaijan" NGO. The court refused to
take civil action of Mr. Samir Isayev and in our decision from June
25.2001 pointed to the absence of legal address of Ministry of Justice
in writ. July 2.2001 Mr. Samir Isayev again advanced a claim in
Yasamal district court of the Baku city against Ministry of Justice.
Yasamal district court violated monthly period fixed by Civil-Remedial
Legislation of Azerbaijan Republic for examination such cases and just
August 17. 2001 Yasamal district court of Baku city dismissed the
action of Mr. Samir Isayev because of its baselessness. The court
decision was justified by the next:
T Mr. Samir Isayev (plaintiff) has not right to demand the
registration of NGO during 10 days, as though there is not 10 days
period for registration of NGO in the law. At the same time the court
referred to the article 11 of the law of Azerbaijan Republic "About
public associations" which lost validity October 3. 2000. However, the
article 16 of Azerbaijan Republic law "About nongovernmental
organizations (public associations and funds)" which came into force
from October 3. 2000 provides for the registration of NGO in
accordance with law of Azerbaijan Republic "About registration of
juridical persons". Article 9 of last-named law provides for the
execution of the state registration of juridical persons during 10
days
T Mr. Samir Isayev (plaintiff) has not right to go to the law with
suit about evasion of the state structure realizing the registration,
as such right not provided by the law. However, article 48.2 Civil
Code of Azerbaijan Republic provides for possibility to lodge a
complaint in the court to the evasion from registration.

One of the main conclusions of the court is that the rights and
freedoms of Mr. Samir Isayev including the right to the junction in
the associations have not been infringed.

September 28. 2001 Chairman of the Board of "Ecolex-Azerbaijan" NGO
Mr. Samir Isayev lodged an appeal in the Court of Appeal of Azerbaijan
Republic about disaffirmation of Yasamal district court of Baku city.

Negative precedent has been created by Yasamal district court
decision. At present, Ministry of Justice officials openly say to the
representatives of different NGOs whose documents also long time are
in the Ministry of Justice "Please, you may to bring an action as it
did Samir Isayev". These words confirm the opinion about Azerbaijan
courts depend on the government.


On behalf of the Environmental Law Center
"Ecolex-Azerbaijan" NGO

Samir Isayev
Chairman of the board

P.S. The whole year will be October 16. 2001 since the documents about
state registration of "Ecolex-Azerbaijan" NGO were taken for
consideration by the Ministry of Justice of Azerbaijan Republic

***
ENVIRONMENTAL PUBLIC ADVOCACY CENTER

Environmental public advocacy center (EPAC) has been established by
non-governmental organization the environmental law center
"Ecolex-Azerbaijan".

The following purposes are the main in the activity of EPAC:

T Informing the general public and NGOs about Azerbaijan Republic
environmental legislation;
T Rendering free legal services to the NGOs and the public, including
on the environmental legal issues;
T Rendering free legal services to the public in its activity on the
environmental protection;
T Protection of the public rights in the courts and administrative
structures;
T Consolidation of efforts of NGOs, other public associations as well
as individuals for improvement of the national legislation on the
environment;
T Reinforcement of the public associations role in the solution of
issues concerning to the accession of Azerbaijan to the international
conventions;
T Effectiveness increase of the environmental NGOs activity in the
carrying out public environmental examinations;
T Coordination of NGOs activity in organization of the public
environmental examinations.

The project is implemented by Financial Support of Open Society
Institute.

The following steps will be provided for the environmental-law
information of NGOs and population:

T Publication and circulation of the environmental-law bulletin
"Ecolex";
T Preparation and circulation of the electronic version of
environmental-law bulletin "Ecolex";
T Preparation and location of the environmental-law information in
English and Azeri to the Web-site of the organization
(http://ecolex.aznet.org);
T Collection and systematization of Azerbaijan environmental
legislation;
T Publication and free circulation of the next volumes of Azerbaijan's
code on the environment at the expense of additional funding sources;
T Holding the workshops to NGOs and the general public regarding the
issues of Azerbaijan's legislation on the environment;
T Holding the round-tables for discussion of necessary issues
regarding coordination of NGOs activity on the solution of the
purposes, which were put by to the project and organization.


The following steps will be provided for the increase of the public
participation in decision-making process on the environmental issues:

T Participation in the realization of the state environmental
examinations;
T Coordination of NGOs activity at the realization of the state
environmental examinations;
T Participation in the public discussions of the projects for which
Environmental Impact Assessment process will be forecast;
T Coordination of NGOs activity at the public discussions of these
projects;
T Involving the public to the participation in the Environmental
Impact Assessment process as well as in the public environmental
examinations are carried out by efforts of the environmental NGOs and
the general public;
T Carrying out the public environmental examinations and counseling on
the examined projects;
T Carrying out the public environmental monitoring for both the
companies and individuals whose activity leads to the environmental
pollution.


The following steps will be provided for the protection of the
environmental rights of both the NGOs and individuals:

T Free legal consultation to the both NGOs and public on the issues of
the Azerbaijan's environmental legislation;
T Free advocacy to the general public and NGOs for protection their
rights and interests in the courts and administrative structures;
T Organization and realization of the legal processes against the
companies and individuals whose activity leads to the environmental
pollution for the purpose of stopping or decrease of the environmental
pollution;
T Organization and realization of the legal processes against
government and other executive powers about disaffirmation of its
decisions that are unconstitutional and are in conflict with
international obligations of the Azerbaijan Republic


The following steps will be provided for the preparation of
Azerbaijan's legislation on the environment:

T Participation in the workgroups activity to the preparation of
alternative legislations and governmental decisions on the
environment;
T Lobbying the alternative legislations and governmental decisions on
the environment;
T Inclusion of the environmental lawyers to the workgroups of
respective committee of Milli Madjlis (Azerbaijan Parliament) for
development of the environmental laws;
T Inclusion of the environmental lawyers to the workgroups of
respective committees of Azerbaijan Government ar the preparation of
the decisions regarding to the environment:
T Carrying out the actions are directed to the accession of Azerbaijan
to the international conventions on the environmental protection