A COMPARATIVE DISCUSSION OVER MILITARY JURISDICTION SYSTEMS? STATUS OF AZERBAIJAN AND TURKEY FROM THE POINT OF JUDICIAL INDEPENDENCE

Abstract

Author(s): Mustafa Latif EMEK Mikay?l V. YUSIFOV

It could be wrong to stare the judicial indepence as only the isolation of hierachical or administrative authority’s intervation. If the subject is military jurisdiction, this is also a significant reality that military jurisdiction staff and other military staff can share the same military social facilities and perhaps they can have rank relationship. These reasons can also affect the military judicial independence. In this study by explaining the two contries’ (Azerbaijan and Turkey) military laws, were vealed their present status. Both countries –in their laws- are very sensitive for judicial independence. Compared with Azerbaijan, we saw that Turkey’s military jurisdiction system has wholly “military status” while Azerbaijan’s has “civil status” with one exception, military prosecutors. It is inescapable to have some judicial independence suspicions if themilitary jurisdiction staff and other military staff have the common – rank relationships.

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