THE ISSUE OF INTERPRETATION OF THE CONSTITUTIONAL PROVISION ON THE DECLARATION OF MARTIAL LAW AND MOBILIZATION

Abstract

The article is devoted to the issue of practical interpretation of constitutional norms on declaring martial law and mobilization. In particular, it is debated whether it is a Government's right or obligation to declare martial law and mobilization. The analysis shows that the determination whether there are the conditions for declaring martial law exhaustively listed in the Constitution, is the right for the Government. However in the presence of such conditions, declaring martial law is an obligation for the Government (not a right). After having declared martial law, it is up to the Government to declare mobilization or not. The said analysis is based not only on the constitutional regulations, but also on their practical application, and especially in the context of aggressive actions initiated by the Azerbaijani side on September 13, 2022. In the article it is emphasized how the constitutional regulations should be interpreted in practice. Besides, the regulation of the RA Law “On the legal regime of martial law”, which provides for an additional condition for declaring martial law, is discussed in article. As a result, the inconsistency of this norm with the Constitution and the need for amendments are emphasized. The regulation of the RA Law “On the legal regime of martial law”, which provides for an additional condition for declaring martial law, is also discussed. As a result of the analysis, it is argued that this norm is contrary to the Constitution and is subject to amendments.