Rauf H. Rustamov
Chare of Criminal Procedure Department, Law Faculty, Baku State University

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Investigating Judge: A Potential Solution to Problems in Azerbaijani Criminal Justice Rauf H. Rustamov; Siyavush Baghirov
Nurani Hukum Vol 9, No 1 (2026): Addressing Inequities and Seeking Certainty within Asian Legal Frameworks
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v9i1.39106

Abstract

This article examines the proposed introduction of the institution of the investigating judge in Azerbaijan, addressing a notable gap in the existing literature concerning its functional integration within the current system of judicial review. While prior studies have explored the general role of investigating judges in comparative legal contexts, insufficient attention has been paid to how this institution would interact with Azerbaijan’s traditional model of judicial oversight and what structural tensions may arise from such coexistence. The study adopts a comparative legal methodology, combining doctrinal analysis of national legislation with a structured comparison of the legal frameworks of selected CIS and European states. Through this approach, the article evaluates the status, powers, and operational mechanisms of investigating judges, with particular focus on their role in safeguarding procedural legality, protecting fundamental rights and freedoms, and ensuring judicial control over pre-trial proceedings. Based on these findings, the article proposes a set of reforms aimed at ensuring the effective implementation of the investigating judge institution. These include the precise delineation of competences between investigative judges and other judicial bodies, the reinforcement of guarantees of judicial independence, the development of clear procedural standards to ensure impartial decision-making, and the introduction of flexible institutional mechanisms adapted to the Azerbaijani legal context. The study concludes that the successful integration of the investigating judge requires not only legislative amendments but also a conceptual rethinking of the existing system of judicial review. If implemented in a coherent and context-sensitive manner, the proposed reforms have the potential to enhance fair trial guarantees and contribute to the consolidation of the rule of law in Azerbaijan.