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Implementation of the provisions of European law in part of observance rights and freedoms of individual in national legislation through fair trial is one of the priority directions of further development of Azerbaijan Republic as an open democratic society – law-based state. Existing form of PACE Resolution no. 1900(2012) contradicts the requirements of fair trial that stipulates in Article 6 of European Convention on Human Rights while reserving the meaning of politically committed instrument of interference in home affairs of sovereign states. Problem of implementation of PACE Resolution no. 1900(2012) in national criminal and criminal procedural legislation might be solved only after resolution of the issues concerning period, in duration of a person will be considered a victim (political prisoner) etc.; on recognition as political prisoner of a person sentenced for terrorism on framed up accusation; on transmission of a person from one category of political prisoners in other one, and hundreds of other issues concerning the notions, criteria, procedures, temporal and spatial aspects, liability of the parties, burden of evidence, paradoxical pardoning of innocents etc.

ûridičeskie nauki i obrazovanie

Issues of implementation of PACE Resolution no. 1900(2012) “The definition of ‘political prisoner’” in national criminal and criminal procedural legislation