Azərbaycan Respublikası Ali Məhkəməsi


It is clear that the main obstacle to the development of the Azerbaijan Republic is the Armenian-Azerbaijani conflict, which arose due to the territorial claims of the Armenian Republic and ended large-scale military aggression. Therefore, foreign government policies are aimed at restoring the territorial integrity of Azerbaijan and focus special attention on addressing the severe consequences of the Armenian military aggression.
The fact that the Armenian-Azerbaijani conflict has deep historical roots, is a known truth. This process, which laid the foundation at the beginning of the XIX century the resettlement of Armenians in the occupied territories of Azerbaijan, Russian Empire, has gone through the stages of the insidious mass terror against Azerbaijanis and of the bloody genocide that occurred in 1905-1906 and 1918-1920 years. Subsequently, through the Soviet period, ethnic cleansing against Azerbaijanis living there for centuries, through the ancestral lands of Azerbaijan was established Armenian SSR, which was the predecessor of the current Republic of Armenia, and the decision of the Central Executive Committee of the Azerbaijan SSR on July 7, 1923 in its composition was formed by the Nagorno - Karabakh Autonomous Region.
Since the beginning of the planned expulsion from the end of 1987 about 250 thousand Azerbaijanis who remained in the Armenian SSR, an impetus for the present stage of the Armenian-Azerbaijani conflict. A February 20, 1988 at a session of the Regional Council of Nagorno-Karabakh Autonomous Region, Armenian deputies decided to "On appeal to the Supreme Soviet of Azerbaijan SSR and Armenian SSR for the transfer of Nagorny Karabakh from Azerbaijan to the Armenian SSR and the 1 st December 1989 was accepted has not yet been annulled by the Supreme Soviet of the Armenian SSR "On the re-connection of the Armenian SSR and Nagorny Karabakh.
These steps of the Armenian representatives of the Regional Council of the Armenian SSR and Nagorny Karabakh is a clear and flagrant violation of all legal frameworks, and they do not comply with either the Soviet Constitution, which existed at the time of their adoption, or any international norms. These solutions should be evaluated only as an attempt by the Armenian side to give an official character of aggression from a legal point of view. In response to this illegal act, Azerbaijan Republic, taking advantage of their sovereign rights, 26 November 1991 rightly adopted a law "On the Abolition of the Nagorno-Karabakh Autonomous Oblast of Azerbaijan Republic.
The current Armenian-Azerbaijani conflict, even more aggravated in 1992-1994., Got the form of large-scale military aggression of Armenia against the Republic of Azerbaijan. The occupation of the town of Khojaly in the night from 25 th to 26th of February, as a tragedy, particularly violent, was included in the list of crimes against humanity of the twentieth century, there have been brutally killed 613 people, among whom were elderly, women and children.
This was followed in 1992-1993. Armenian armed forces receiving support from abroad, occupying a part of Azerbaijani territory, expelling all the Azerbaijani population. These included: Shusha, Khojaly, Lachin, Kyalbyadzharsky, Djebrail, Gubadly and Zangilan districts that make up one-fifth of Azerbaijan's territory, most of Agdam, including its center, part Fyuzulinskogo area, including its center, and part of Terter relating to Nagorny Karabakh, with 890 settlements located in the territory.
Thus, the conflict about one million Azerbaijanis have become refugees and internally displaced persons, approximately 20 thousand people were killed and 50 thousand people have been injured or disabled, 5 thousand people are missing, and the Nakhichevan region of Azerbaijan has been taken in the blockade of Armenia.
From 12 th May 1994 has been a ceasefire between the parties, the Armenian-Azerbaijani conflict.
This problem does not remain aloof from the world's attention, because it strongly raised by the Azerbaijani side and a serious threat to the security of the region. The UN Security Council in 1993 adopted a resolution on the Armenian-Azerbaijani conflict, numbered 822, 853, 874, 884. Each of these resolutions had been adopted after each of the next phase of the Armenian aggression against Azerbaijan. The Security Council unequivocally defend the sovereignty, territorial integrity and inviolability of the borders of the Republic of Azerbaijan, has repeatedly stressed the ownership of Nagorno-Karabakh Republic of Azerbaijan and put forward a substantive requirement for full immediate and unconditional withdrawal of Armenian forces from occupied territories and the creation of conditions for the return of displaced population to their homes.
However, despite these demands, the territory of Azerbaijan is not only still under occupation there in recent times, even in spite of all the existing legal norms amplified various trends in illegal activity. First of all, this is connected with the settlement of Armenian immigrants. In connection with the situation, which is a major concern, the UN General Assembly on the initiative of the Azerbaijani side, decided to include in the diary the 59th session, held in 2004, click on the occupied territories of Azerbaijan "and on this issue were held the appropriate discussion. And at the same time, based upon the request of the Azerbaijani side, the document consisting of the facts supporting the practice of settling in the occupied territories of Azerbaijan, had been circulated as a UN document.
In 1992, the Council of Ministers of the CSCE Minsk process began by deciding to convene the Minsk Conference (its working format, in fact, it seems the Minsk Group) aimed at addressing the crisis through peaceful means based on the principles, obligations and conditions of the CSCE in the Nagorno-Karabakh conflict. At the Budapest summit, held in 1994, the institution of co-chairs of the Minsk process (since 1997 he is a triple - the U.S., Russia, France). In 1996 at the Lisbon summit, the current chairman of the organization announced the following basic principles for solving the conflict:

* "Territorial integrity of the Republic of Armenia and the Azerbaijan Republic;
* "Legal status, determined by agreement, and based on the principles of self-government which confers on Nagorno-Karabakh the highest degree of self-rule within Azerbaijan;
* "Guarantee security for Nagorny Karabakh and its whole population, to ensure compliance by all parties to the provisions of the statute, including mutual obligations.

After the Lisbon summit in 1997, negotiations within the Minsk Group have been frozen and they were replaced by the travel co-chairs to the region. As a result of these visits by the co-chairs for 1997-98 were put forward three proposals to resolve the conflict. The first of these proposals is to end the conflict and a comprehensive draft agreement, consisting of agreements on the status of Nagorno-Karabakh. Despite the fact that Azerbaijan was ready to begin constructive consultations on the content of these documents, Armenia strongly rejected the "package" proposal.
The second sentence of the co-chairs provided for a phased solution to the conflict: first, are exempt from all the occupied lands of Azerbaijan, Nagorny Karabakh Autonomous Region with the exception of the territories and the Lachin corridor that links autonomy with Armenia, and the people driven out of these places, returning to their native lands, and the second phase addressed the issues of Lachin and Shusha and accepted the basic principles of the status of Nagorno-Karabakh. October 10, 1997 in Strasbourg, the Presidents of Azerbaijan and Armenia in their joint statement confirmed that this proposal can serve as co-chairs an encouraging basis for the resumption of the Talks. But in February 1998, the President of the Republic of Armenia came under pressure due to the fact that he has agreed to this proposal, and he was forced to resign and was replaced by Robert Kocharian, who took a tougher stance on this issue, and thus this before acceptance by Armenia was officially eliminated.
The third proposal, put forward the co-chairs at the end of 1998, based on a "nationwide" concept, providing for the establishment of Nagorno-Karabakh, as states in the form of the Republic and the territorial unit with a common state with Azerbaijan within the international borders of the Azerbaijan Republic. Azerbaijan, due to the fact that violates its sovereignty, rejected that proposal. Since then, new proposals were not made. After that the Minsk process was virtually paralyzed.
With a view to giving further impetus to the process of negotiations, beginning in 1999, in order to achieve a settlement of the conflict between Azerbaijan and Armenia began a direct dialogue at the presidential level, with their special representatives and foreign ministers. At present, there had been some encouraging preliminary results in certain issues to resolve the conflict through dialogue, which is called "Prague Process", conducted at the level of Foreign Ministers. Achieved promotion was endorsed at a meeting of OSCE foreign ministers, held in Sofia in 2004 and the Council of OSCE foreign ministers adopted a special statement on the matter.
The principled position of the Azerbaijan Republic in the negotiations include the restoration of territorial integrity and prevent any compromise on this issue.
The settlement of the Armenian-Azerbaijani conflict on the basis of fair, international legal norms and principles is of particular importance for the future of the South Caucasus, because only when this basic condition, you can open the way for beneficial regional cooperation and multilateral promising opportunities in the region.