04:40:41 - 16.12.2017

News of Constitutional Court of the Republic of Tajikistan

On November 4, 2016, a solemn meeting was held in the Constitutional Court of the Republic of Tajikistan in honor of the 22nd anniversary of the adoption of the Constitution of the Republic of Tajikistan with the participation of the leadership, judge and staff of the Constitutional Court apparatus, the representative of the Academy of Sciences of the country, teachers and students of the Faculty of Law of the Tajik National University.

The Chairman of the Constitutional Court of the Republic of Tajikistan, academician Mahkam Mahmudzoda, opening the solemn event, noted the importance of the Constitution in the development of a democratic state, in particular, he noted that in the 1990s, under the leadership of the Founder of Peace and National Unity, the Leader of the Nation, the President of the Republic of Tajikistan, Emomali Rahmon's acceptance by the people of the country through the nationwide referendum of the first Constitution of independent Tajikistan is the greatest achievement.

With satisfaction, it can be noted that this historical document reflecting the highest interests of the nation and an independent state, officially brought Tajikistan closer as a democratic, legal and independent state with the world community and became the most important factor in guaranteeing stability and political stability of the society.

Along with other bodies of state power, the Constitution also laid the legal foundation for the formation of the Constitutional Court of the Republic of Tajikistan and today this independent body of the judiciary is fruitfully exercising constitutional control in the country regarding the protection, ensuring the supremacy and direct action of the Constitution.

Academician of the Academy of Sciences of the Republic of Tajikistan Rakhimov Rashid Karimovich, who is a member of the working group for drafting the Constitution, speaking at this event, spoke about the history of the development, discussion and adoption of this important legal act, and in particular noted that within two months of discussing the draft Constitution, the people of the country more than eight and a half thousand proposals were proposed, and in the end, taking into account the will of the people, on November 6, 1994 the Constitution was adopted.

At the solemn event, also the historical importance of the Constitution in the development of the rule of law, the realization of human and civil rights and freedoms, the formation of state structures, the enhancement of Tajikistan's international status and the need to improve the Constitution in different years were made by the staff of the Constitutional Court of the Republic of Tajikistan and the teacher of the Faculty of Law of Tajik National University.

 

October 20-23, 2016 in the Republic of Armenia the Yerevan International Conference "The Role of the Constitutional Court in Overcoming the Gap in Law and Legal Uncertainty" was held.

Representatives of the constitutional oversight bodies of more than thirty countries, international organizations, in particular the Council of Europe, the European Court of Human Rights, as well as representatives of the state authorities of the Republic of Abkhazia participated in the work of this international event, initiated by the Constitutional Court of the Republic of Armenia and the Venice Commission of the Council of Europe. Armenia.

The Constitutional Court of the Republic of Tajikistan at this event was presented by the Chairman of the Constitutional Court Mahkam Mahmudzoda and judging the Constitutional Court Davron Khoshimzoda.

During the conference, issues related to constitutional monitoring were discussed, as a guarantee to overcome the deficit of constitutionalism, the rule of law and its practical expression, constitutional guarantees for the dependence of the judicial system, the guarantee of the Constitution and the implementation of decisions of the Constitutional Court, the role and significance of the Constitutional Court in overcoming a gap in the law and legal uncertainty, as well as other issues related to the development of constitutionalism, taking into account the experience of various countries of the world.

Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda made a report on the topic "The role and importance of the Constitutional Court of the Republic of Tajikistan in overcoming the gap in the law and legal uncertainty" and presented to the attention of those present the activities of the Constitutional Court of the country in overcoming the gap in legislation and ways to ensure the implementation of decisions of the Constitutional Court.

Within the framework of this working trip, along with representatives of more than thirty-seven countries, the Chairman of the Constitutional Court Mahkam Mahmudzoda became a co-founder of the International Analytical Center "Constitutional Culture, which was established on the initiative of the Constitutional Court of Armenia, whose goal is to raise the level of the conciliation culture in society.

 

From October 9 to 15, 2016, in order to participate in training courses on the topic: "Information Technology Services for the Constitutional Court", a working visit was made by the assistant Chairman of the Constitutional Court of the Republic of Tajikistan G. Mustafakulov, the assistant to the judge of the Constitutional Court N. Kamishev and the leading specialist N. Rakhimova to Seoul, Republic of Korea.

Training courses were ordered by the Ministry of Science and Future Planning of the Republic of Korea and were organized by the National Agency for the Development of Information Technology of the Republic of Korea (NIPA) for constitutional courts where representatives of the constitutional control bodies of the Republic of Azerbaijan, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Uzbekistan, Malaysia, Mongolia, Republic of Indonesia, Myanmar, Philippines, Thailand and Burundi were participated.

Within the framework of the working visit on October 14, 2016, according to the program of training courses, the representatives of the Constitutional Court of the Republic of Tajikistan visited the Constitutional Court of the Republic of Korea and familiarized themselves with the activities of the court, electronic equipment of the courtroom, electronic library, electronic office work, the network system of the general department, cyberspace and electronic security center and so on. During the fact-finding visit, meetings were held with the judge of the Constitutional Court of the Republic of Korea, Mr. Cho Yongho, and the Secretary General of the Constitutional Court of the Republic of Korea, Mr. Yong Hong Kim, during which opinions were expressed on topical issues of constitutional justice.

At the end of the training course by the management of the National Agency for the Development of Information Technology of the Republic of Korea (NIPA) in a solemn ceremony Certificates "ICT Information Technologies Services for the Constitutional Court" were given to participants of the training courses.

 

 

On the 29th of August, 2016 at the Nation Palace the Founder of the peace and national unity – the Laader of the Nation, the President of the Republic of Tajikistan Emomali Rahmon in honor of the 25th anniversary of the State Independence of the Republic of Tajikistan, together with representatives of various professions has awarded the medal «Hizmati shoista» to Vice-President of the Constitutional Court of the Republic of Tajikistan Karim Karimzoda Mazie.

 

 

 

From 8 to 12 August this year Bali, Republic of Indonesia hosted the Third Congress of the Association of Asian constitutional courts and equivalent institutions, as well as meeting members of the Association, which includes the Constitutional Court of the Republic of Tajikistan.

The Congress was attended by the President of the Republic of Indonesia Mr. Joko Widodo, representatives of bodies of the constitutional control more than twenty countries, international institutions and state power bodies of the Republic of Indonesia.

The Constitutional Court of the Republic of Tajikistan at the Third Congress of the Association was presented by President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda, by the judge Davron Hoshimzoda and Chief of staff of the constitutional court Abdumajid Gulzoda.

In the framework of this important international event the issues concerning the dissemination and protection of the constitutional rights of citizens, the role of the decisions of constitutional courts and equivalent institutions in implementation and protection of constitutional rights of citizens, modern means of strengthening the protection of the constitutional rights of citizens, the role of constitutional control organs in ensuring the supremacy and direct effect of the Constitution, as well as other issues relating to the promotion of constitutionalism based on the experience of different countries were discussed.

At this event the President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda made a presentation on "the Role of the Constitutional Court of the Republic of Tajikistan in the protection of the rights and freedoms of man and citizen" which provided information on the activities of the constitutional court in ensuring the supremacy of the Constitution and protection of the rights and freedoms of man and citizen.

On the Third Congress of the Association of Asian constitutional courts and equivalent institutions, its participants adopted the Bali Returns which reflects the commitment of the members of the Association for the strengthening and use of modern mechanisms for the protection of constitutional rights of citizens.

In the framework of this working visit to the Republic of Indonesis the Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda met with the President of the Constitutional Court of the Republic of Indonesia – Chairman of the Association of Asian constitutional courts and equivalent institutions, as well as the presidents of the constitutional courts of Korea, Kazakhstan and representatives of constitutional courts of other countries in the course of which they discussed issues concerning the strengthening of mutual cooperation.

With the aim of expanding and strengthening international relations in the course of the visit a Memorandum on cooperation between the Constitutional Court of the Republic of Tajikistan and the Constitutional Court of the Republic of Korea was signed. This legal act is an important legal basis for strengthening and development of international relations of the constitutional control organs of the two friendly States.

It should be noted that to this day the Constitutional court of the Republic of Tajikistan has signed a Memorandum of cooperation with the Constitutional court of the Russian Federation, the Republics of Armenia, Korea, Kyrgyzstan, Romania, Turkey and Ukraine, which are under implementation.

 

 

 

July 8, 2016, in the courtroom of the Constitutional Court of the Republic of Tajikistan a final semi-annual reporting meeting with participation of judges and staff of the Constitutional Court of the Republic of Tajikistan was held.

Opening the meeting, Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda noted some important issues of activities of the Constitutional Court and reminded participants about the need to thoroughly and comprehensively analyze the results of the work of the Constitutional Court for the 1st half of 2016

The main report on the outcome of the Constitutional Court of the Republic of Tajikistan activities for the 1st half of 2016 was delivered by the Deputy Chairman of the Constitutional Court of the Republic of Tajikistan Karimzoda K. M.

The Chief of staff of the Constitutional Court of the Republic of Tajikistan Gulzoda A. A. in his report analysed the results of execution of individual items of the work plan of the staff of the Constitutional Court on the 1st half of 2016.

During the meeting reports were also made by the judges and staff of the Constitutional Court.

At the end of the meeting, the Chairman of the Constitutional Court of the Republic of Tajikistan M. Mahmudzoda expressed gratitude to the staff of the Constitutional Court for a successful and fruitful work.

On results of work of the Constitutional Court of the Republic of Tajikistan in the 1st half of 2016 Assembly adopted a relevant resolution.

 

 

 

On the 24th of June, 2016 at the Constitutional Court of the Republic of Tajikistan in honor of the holiday of National unity and the 25th anniversary of the State independence of the Republic of Tajikistan with the participation of scientists, representatives of state bodies and officials of the constitutional court a "round table" on a theme "the constitutional court is the brainchild of State independence was held.

The representative of the President of the Republic of Tajikistan in the Constitutional Court of Shonazarov S. A., Director of the National centre for legislation under the President of the Republic of Tajikistan Rahimzoda M. Z., the Director of the Agency for drug control under the President of the Republic of Tajikistan Salimzoda O. sh. also participated and gave presentations at the round table.

Chairman of the Constitutional Court of the Republic of Tajikistan Makhkam Mahmudzoda, in his opening speech at the "round table" noted in particular the historical, political, legal, social and cultural importance of National unity and State independence in the development of the newest statehood. Mahkam Mahmudzoda also noted that thanks to the efforts of the founder of the peace and national unity – Leader of the nation, the President of the Republic of Tajikistan, esteemed Emomali Rahmon, the country managed to achieve peace and unity, and stabilization of the complicated political situation.

Fourteen reports of scientists and representatives of government agencies dealing with various aspects of the historical significance of National unity and State independence in the development of the state were generally presented at the "round table".

 

 

 

 

On the 17th of June, 2016 Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda took part in scientific-theoretical conference on the theme "The Law of the Republic of Tajikistan about the Founder of the peace and national unity – Leader of the nation", which was held at the initiative of the National guard in honor of the Day of national unity.

Chairman of the constitutional court of the Republic of Tajikistan Mahkam Mahmudzoda at this event, speaking with a report on "Agreement on peace in Tajikistan is the legal basis for national unity", in particular, noted that thanks to the efforts of the founder of the peace and national unity – Leader of the nation, the President of the Republic of Tajikistan, Emomali Rahmon country has managed to achieve peace and unity and stabilization of the difficult political situation and the signing of the General agreement on establishing peace and national accord.

General agreement on establishing peace and national accord as an important political document has laid a solid legal basis to ensure unity and stability in the country, and is important in strengthening of national statehood.

 

 

 

June 15, 2016 under the Chairmanship of the President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda, a hearing on consideration of the petition to the General Director of limited liability company "Not" of Isfara Isamadieva N. "About determination of compliance of the fourth, fourteenth and seventeenth paragraphs of paragraph 2.4, paragraph 4.1, of the first, second and seventh paragraph of section 4.4. Charter of State unitary enterprise "Nalati cars VA hizmetlerini logistics", the approved order of the Ministry of transport of the Republic of Tajikistan from February 13, 2013, №32, article 12 of the Constitution of the Republic of Tajikistan" was held.

Representive of the President of the Republic of Tajikistan in the Constitutional Court, the Majlisi Milli and the Majlisi Namoyandagon in the constitutional court, representatives of the Higher economic court, General Prosecutor, Ministry of justice and transport, the State Committee on investments and state property management, Agency for state financial control and combating corruption, as well as other government agencies took part in judicial session.

The Constitutional Court of the Republic of Tajikistan, having considered in open judicial session the question revealed new facts that may be important for consideration of the merits and exact determination of which requires an additional constitutional check. In particular, a precise definition of the legal status of the Charter of the State unitary enterprise "Nalati cars VA hizmetlerini logistics", the approved order of the Ministry of transport of the Republic of Tajikistan of 13 February 2013, No. 32, and its application, which in turn requires qualifying the conclusion of the authorized state body.

On this basis, the decision of the Constitutional Court on this petition is pending.

 

 

 

 

26 may 2016 the President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda and Deputy Chairman of the Constitutional Court Karimzoda Karim took part in the Republican scientific-practical conference on "Legislative activity in the Republic of Tajikistan: development and challenges". This conference was held at the initiative of the National centre on legislation under Prezedent of the Republic of Tajikistan in honor of the 25th anniversary of the State independence of the Republic of Tajikistan.

Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda during the conference speaking about the role of law-making in the development of the legal system of the country in particular noted that for the improvement and efficiency of the lawmaking process it is necessary that the authorized state body constantly holds monitoring of normative legal acts and normative legal acts had been elaborated taking into account the need, on the basis of forecast and planning.

Mahkam Mahmudzoda also noted that during the development and adoption of normative legal act the compliance to legal, scientific, linguistic and anti-corruption ekspertise as well as ensuring the state registration of regulatory legal acts, which in turn positively contributes to quality of normative legal acts in the context of their execution are needed.

The a report on "The constitutional review and legislative activities" was made by the Deputy President of the Constitutional court Karim Karimzoda.

 

 

 

On the 21st of May, 2016 the President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda, received an Interparliamentary Assembly of the Commonwealth of Independent States international observers group, that arrived in Tajikistan to observe the openness and transparency of the referendum process on amendments and additions to the Constitution.

During the meeting, the Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda speaking about the importance of the changes and additions to the Constitution, in particular noted that in accordance with laws "On the Constitutional Court of the Republic of Tajikistan" and "On referendum of the Republic of Tajikistan” the Constitutional Court has a capacity to determine the compliance of the draft amendments and additions to the Constitution of the Republic of Tajikistan, with the Constitution of the country.

In accordance with this capacity provided by law, prior to the appointment of a referendum and upon the recommendation of the Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan, the Constitutional court considered the draft amendments and additions, as well as due to the Constitutional Court`s ruling of 4 February 2016, the draft amendments and additions to the Constitution of the Republic of Tajikistan was declared constitutional.

Noting the purpose of visit to the Republic of Tajikistan, Representatives of the Interparliamentary Assembly of the Commonwealth of Independent States have paid special attention to the activities of the Constitutional Court, aimed at ensuring the supremacy and direct action of the Constitution.

The meeting was also attended by Deputy Chairman Karimzoda K. M. and judges of the constitutional court of Gulzor M. M. and Hoshimzoda D. D.

 

 
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