Interpretation of Statutes at Artsakh
Here is an overview of Interpretation of Statutes in Artsakh (Nagorno-Karabakh), based on available legal and institutional frameworks up to 2023.
⚖️ Background Context: Legal System in Artsakh
Artsakh (also known as the Republic of Nagorno-Karabakh) declared independence from Azerbaijan in 1991, but it has not been internationally recognized as a sovereign state. Until late 2023, it operated de facto independently, with its own constitution, legislative body, judiciary, and legal system—modeled closely after Armenia's civil law tradition.
However, following the 2023 dissolution of the Artsakh government, the territory is undergoing reintegration into Azerbaijan. This has major implications for its legal system, though the framework below reflects how laws were interpreted during its autonomous administration.
📜 Legal Framework for Interpretation of Statutes (Before 2023)
Constitution of the Republic of Artsakh (adopted 2017)
Served as the supreme legal authority.
Mandated that all laws conform to constitutional norms.
Authorized the Supreme Court to interpret laws and ensure their constitutionality.
Law on Normative Legal Acts
Regulated the drafting, adoption, publication, and interpretation of laws.
Modeled on Armenia’s Law on Normative Acts.
Civil and Criminal Codes
Based heavily on Armenian legislation.
Included interpretative rules for applying legal norms in courts.
🧠 Methods of Interpretation
Legal interpretation in Artsakh followed civil law methodology, similar to Armenia:
Grammatical (Literal) Interpretation
Primary approach, focusing on the text’s ordinary meaning.
Systematic Interpretation
Considers the position of a legal provision within the broader legal system.
Purposive (Teleological) Interpretation
Used especially by the Supreme Court to align laws with constitutional values and public policy.
Historical Interpretation
Occasionally used to understand legislative intent or the socio-political background of a law.
🏢 Key Legal Institutions
National Assembly of Artsakh
Adopted and amended laws. Could issue interpretive statements (not common).
Supreme Court of Artsakh
Had authority to interpret constitutional and statutory provisions.
Ministry of Justice of Artsakh
Provided legal guidance for public administration but did not issue binding interpretations.
⚖️ Judicial Practice
Court decisions (especially by the Supreme Court) carried persuasive authority in interpreting unclear laws.
Precedent was not binding, consistent with civil law tradition.
Armenian court rulings and legal commentaries were sometimes referenced due to shared legal heritage.
⚠️ Post-2023 Developments
Following Azerbaijan’s regained control of the region in late 2023, the independent legal system of Artsakh has ceased to function. Statutory interpretation will now be governed by the Azerbaijani legal system, where interpretation follows a civil law model influenced by Russian and Turkish legal traditions.
Summary Table
| Aspect | Details |
|---|---|
| Legal Tradition | Civil law (Armenian influence) |
| Pre-2023 Constitution | Supreme legal document; enabled judicial review |
| Key Interpretative Methods | Literal, systematic, purposive, historical |
| Institutions Involved | Supreme Court, National Assembly, Ministry of Justice |
| Legal Status Post-2023 | Legal system dissolved; Azerbaijani law now applies |
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