LEGAL FRAMEWORK FOR THE RIGHT TO GOOD GOVERNANCE

Laman Ilgar kyzy ABBASLY

Laman Ilgar kyzy ABBASLY (2022), Legal framework for the right to good governance, Scientific Bulletin of Dnipropetrovsk State University of Internal Affairs, Special Issue № 1, 30-35

DOI: 10.31733/2078-3566-2022-5-30-35

 

ABSTRACT. The article deals with the study of the legal issues of the formation and consolidation of the right to good governance in regulatory legal acts. Apart from the fact that Article 41 of the Charter of Fundamental Rights of the European Union contains, to a certain extent, an authoritative definition of the right to good administration, it is not new.

The scientific novelty of the article is directly related to the above, including the further development of the national legislation of the Republic of Azerbaijan. Good governance is defined (although not exhaustively) by paragraphs 2-4 of Article 41 as follows: the right to be heard before taking any individual measure that affects a party; the right of every person to have access to his file, taking into account the legitimate interests of confidentiality and professional and business secrecy; the obligation of the body to give grounds for making decisions in relation to a particular person. The results of the article can be used in future scientific research, including in the further development of the international and national normative-legal foundations of good governance.

Keywords: human rights, right to good administration, European Union Charter of Fundamental Rights, Council of Europe Resolutions, European Ombudsman, European Court of Human Rights.

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