Since its declaration of independence in 1991, the Republic of Azerbaijan has been going about the state-building process. The Constitution of Independent Azerbaijan was accepted by nationwide referendum on November 12, 1995. In it, special attention was given to the problem of local self-government, conforming with proclaimed aspirations contained in the preamble of the Basic Law -- tasks related to the creation of a democratic, civil, legal society.

The importance given to the topic of municipal authority is emphasized by its inclusion in the fourth section of the document under the title: "Local self-government". If, taking into account, that the Constitution contains only five sections, it becomes clear, that the authors of the unit about local self-government aspired to equal this section on the importance with such sections as "basic rights, freedoms and duties," "state authority " and others.

Local self-government was a concept largely ignored during the Soviet era.. Nevertheless, municipal authority is an important part of the overall sovereign rights of citizens.

That is why in clauses appended to the Constitution provided for a special two-year interim arrangement concerning local government. It was envisioned that, during this period, a host of measures connected with the preparation of a legislative base would be enacted. These were needed both for the realization of elections in local self-government and maintenance of functioning of municipalities, as well as for the enlightenment of citizens regarding the purpose and essence of a new system of government.

In this connection after realization at the end of 1995 of elections in the Azerbaijan parliament – the Milli Mejlis created a special parliamentary commission on local self-goverment. This commission actively worked to develop a program, which was finished at the beginning of 1997. The two basic documents that it created are: "About elections in the local self-governments, " and "About the status of municipalities."

These documents received in the spring of 1997 on the whole a positive evaluation from experts of the Council of Europe. Simultaneously there was an intensive preparation of other documents connected with creation of legislative base for activity of municipalities. At the same time, the activity both of political parties and public organizations amplified in the field of creation of legislative base of system of local self-governments.

The main opposition Party of the National Front of Azerbaijan presented in the Milli Mejlis (Parliament) the project of the law "On elections to local self-governing bodies" in the beginning of 1997. A number of foreign and international organizations made the active efforts on rendering assistance to Azerbaijan in the creation of a new system of local government. Council of Europe, Institute of National Democracy (USA), Freidrich Naumann Foundation (Germany) and many other organizations provided assistance to state bodies, political parties and public organizations of Azerbaijan in realization of enlightening activity among the population on an explanation of essence and purposes of municipalities.

At first controversy surrounded the issue. However, problems surrounding the creation of municipalities in the first half of the year eased over the second half of 1997. Authorities in charge appeared to lose interest in the issue. Work in the appropriate commissions on the legislative documents, needed to clear the way for local elections, slowed considerably..

The lack of work, it could be said, could be interpreted as a violation of the Constitution. One possible explanation for the official attitude is the Soviet legacy, in which leaders held scornful attitudes towards essential legal norms. As a result, Azerbaijan experienced a delay of elections in municipalities without any official explanation of the reasons.

Azerbaijan’s political system – specifically the division of powers – contributed to the delay. Contrary to the principle of division of authority among three independent branches: executive, legislative and judicial, Azerbaijan’s Constitution places emphasis on executive authority. Legislative and judicial bodies are on the whole subordinated to all-powerful executive authority.

Giving to other government branches real authority might be seen by the ruling elite as a threat to their political position. In a similar fashion, executive authority was reluctant to create new structures of government, in particular local governing bodies. The main reason for this was because the ruling elite could not be entirely sure that local governing bodies could be completely controlled by authorities in Baku.

The question of municipal elections remained submerged until early 1999, following the presidential election in Azerbaijan. This was done mainly because of the urgent recommendations of foreign political institutes, international organizations. It became clear by April of 1999, that the process of creation the system of local self-government has entered to decisive stage. Necessary legislation was prepared and local elections were at last scheduled for December 12.