ANALYSIS OF THE KHOJALY GENOCIDE FROM THE PRISM OF SUBSTANTIVE AND PROCEDURAL LEGAL NORMS: PROCEEDINGS IN ABSENTIA AND JURISDICTION PROBLEM

Abstract

This article is the first study that addresses both the material and procedural grounds of whether the Khojaly Tribunal can be created or not in the Republic of Azerbaijan. The first goal of the study is to analyze the legal bases of the Khojaly Tribunal, and to compare national legislation with international standards during the analysis of these bases. So, in the first part of the article, the main information about the events of Khojaly is reflected. Our main reason for adding this part to the article is to draw attention to the necessity of the Khojaly Case trial and the fact that there are sufficient grounds for it. Also, the practices of the Bangladesh and Lebanese Tribunals were studied, which were reflected in the Azerbaijani legal literature for the first time. In the last part, we have allocated space to the problems of the Criminal Procedure Code of Azerbaijan, as well as the interpretation of articles 53 and 311 of practice