Венецианская комиссия дала негативное заключение конституционному референдуму в Азербайджане

Страсбург/21.09.16/Turan: Венецианская комиссия Совета Европы обнародовала первичное заключение по поводу вынесенных на референдум 26 сентября поправок в Конституцию Азербайджана.

Комиссия подвергла критике проект Акта референдума.

Многие предлагаемые поправки серьезно нарушает баланс  между ветвями власти,  предоставляя  президенту   «беспрецедентные» полномочия.

Эксперты ВК считают «ничем оправданными» продление президентского мандата с пяти до семи лет,  с учетом и без того сильных позиций  главы государства, который с 2009 года может  переизбираться неограниченное количество раз.

Кроме того, президенту предоставляются полномочия по роспуску  парламента,  что негативно влияет  на «политическое инакомыслие в парламенте «. Это также отрицательно влияет  и на независимость судебной системы, поскольку роль парламента в утверждении судей будет ослаблена.

Эксперты Венецианской комиссии были «особенно обеспокоены» введением  никем не избираемых вице-президентов, которые могут в какой-то момент управлять страной, и предоставлением главе государства  полномочий  объявлять  досрочные президентские выборы.

ВК  также критикует процедуру референдума,  в частности, его проведение без предварительного обсуждения в парламенте и среди общественности, а также в  очень сжатые сроки .

Из-за нехватки времени эксперты ВК были не в состоянии посетить Азербайджан и  провести прямые консультации  с властями, экспертами и другими заинтересованными сторонами. В связи с этим, Венецианская комиссия сожалеет о том, что власти Азербайджана не консультировались  с ней до представления проекта на референдум.

Эксперты вместе с тем позитивно  оценили поправки о том, что «человеческое достоинство защищается и уважается» и о «праве на защиту от произвола и достойное обращение».

Положительно оценена и предлагаемая поправка о том, что «ограничение прав и свобод должно быть соразмерны  целям, которые государство стремится достичь».

Однако эксперты не согласны с поправками, которые предусматривают ограничения на публичные собрания  по соображениям  защиты  «общественного порядка» и «морали», поскольку эти  положения  допускают слишком широкое толкование.  Обеспокоенность  выражена и по поводу предлагаемой поправки  о возможности  лишении гражданства.

Первичное заключение будет представлено на утверждение пленарной сессии ВК, которая состоится 14-15 октября.

Turan IA

 

Bastainfo.com



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