06:45:15 - 17.08.2018

 

Founder of Peace and National Unity,

Leader of the Nation, President of the Republic of Tajikistan,

His Excellency Emomali Rahmon

 

News of Constitutional Court of the Republic of Tajikistan

 

On June 20th, 2010, in honor of the National Unity Day, was held a round table in the courtroom of Constitutional Court of the Republic of Tajikistan, on the theme: "National Unity and its role in strengthening of state independence", where participated the representatives of the Executive Office of the President of the Republic of Tajikistan, the Supreme Court, General Prosecutor's Office, the Council of Justice, Academy of sciences, National Center of Legislation under the President of the Republic of Tajikistan, the Commissioner for Human Rights in the Republic of Tajikistan, as well as the representatives of other ministries and departments. The Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Makhmudov, delivering a welcome speech, congratulated the audience with the remarkable holiday - Day of National Unity, and noted that the General Agreement on the Establishment of Peace and National Accord in Tajikistan was signed due to the efforts of the President of the Republic of Tajikistan, H.E. Mr. Emomali Rahmon, and it is an important political document in the history of modern statehood that laid the legal foundation for stability and national unity in the country. During the work of the round table on the role and significance of the General Agreement on the Establishment of Peace and National Accord in Tajikistan, delivered presentations the representatives of the Supreme Court, General Prosecutor's Office, the Academy of sciences, Council of Justice, the National Centre of Legislation under the President of the Republic of Tajikistan, the Commissioner of Human Rights in the Republic of Tajikistan and other participants.

 

 

 

On 12th – 15th of June 2013, was held an international conference on the death penalty in Madrid, Spain, where participated the representatives of various governmental agencies and international organizations from more than fifty different countries. The Republic of Tajikistan was presented in that international conference by the following persons: the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Makhmudov, the State Advisor to the President of the Republic of Tajikistan on legal policy, Mr. Djumahon Davlatov and the Commissioner for Human Rights in the Republic of Tajikistan, Mr. Alizoda Zarif. During this international conference were discussed and considered various issues relating to the death penalty, which is considered one of the types of criminal punishment provided by the criminal law for the committing of most serious crimes.

 

 

On June 5th, 2013, with the purpose of commentation (explaination) of the Message of the President of the Republic of Tajikistan to parliament (Majlisi Oli) from 26th of April 2013, took place a working visit to Kulyab city of Tajikistan of the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudov and Director of the Institute of philosophy, political sciences and law, academy of sciences of the Republic of Tajikistan, Mr. Abdulvohid Shamolov. During visit was held a meeting with the participation of the city's population, representatives of local public authority, as well as teachers and students of the State University of Kulyab. During this meeting, it was explained about the Message of the President of the Republic of Tajikistan on the main directions of domestic and foreign policy of the supreme representative and legislative body of the country and it was noted that the implementation of the provisions of the Message facilitates the timely resolution of a number of important socio-economic, cultural and political issues. Within the meeting, the participants discussed various directions of the President's message to the legislative body, and were submitted answers to many interesting questions of the audience.

 

 

On May 14th, 2013, within the framework of implementation of p. 9 of the Program of judicial and legal reform in the Republic of Tajikistan for 2011-2013, approved by the Decree of the President of the Republic of Tajikistan from January 3rd, 2011, was held a seminar in Dushanbe city on discussion of draft constitutional Law "On the Constitutional Court of the Republic of Tajikistan" prepared by the working group and with account of the experience of modern legislation and constitutional courts of the world, as well as the practice of the Constitutional Court of the Republic of Tajikistan for the period of 18 years. During the work of the seminar were widely discussed issues related to the draft constitutional Law. The seminar was attended by the Chairman of Constitutional Court of the Republic of Armenia, the Chairman of the Conference of constitutional control bodies of new democracy’s countries, Mr. Arutunian Gagik Garushevich, and by the representatives of the Executive Office of the President of the Republic of Tajikistan, representatives from the judiciary power of the country, various governmental authorities of the Republic of Tajikistan, as well as scientists jurists. The Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudov delivered a welcome speech on behalf of Constitutional Court, expressed special gratitude to the President of the Republic of Tajikistan, H.E. Mr. Emomali Rahmon for comprehensive support and cooperation that facilitates to the development of constitutional control body of the country, and thanks to that the Constitutional Court of Tajikistan shall carry out its productive activity for the benefit of ensuring the supremacy of Constitution and protection of human and civil rights and freedoms. Within the framework that event, was signed a Memorandum of Cooperation between the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudov and the Chairman of Constitutional Court of the Republic of Armenia, Mr. Gagik Garushevich Arutyunyan. This memorandum as an historical document, will lay a legal basis for the development of bilateral relations between two independent judiciary bodies. This legal act provides an opportunity to the parties, in accordance with the national legislation of these two states, to develop cooperation through the exchange of experience and information about the normative - legal and judicial acts concerning the activities of constitutional control bodies. The development of permanent cooperation of Constitutional Court of the Republic of Tajikistan with constitutional control bodies of other states, promotes to the improvement of operation of this independent body of judiciary power as a new institution of a democratic state and ensuring the supremacy of Constitution, as well as protection of human and civil rights and freedoms, not only inside, but outside of it.

 

CHAIRMAN OF CONSTITUTIONAL COURT OF THE REPUBLIC OF TAJIKISTAN

Mr. MAHKAM MAHMUDOV IS AWARDED AN HONORARY DEGREE "DOCTOR OF LAW" BY THE STATE UNIVERSITY OF ITALY "LA SAPIENZA" AND AWARDED AS WELL AS BY ENGRAVED HONORARY MEDAL OF MUNICIPALITY OF ROME

On 19 – 20th of April, 2013, within the framework of official invitation by the State University of Italy, "La Sapienza" and by the Mayor of the city of Rome took place a working visit of the Chairman of Constitutional Court of Republic Tajikistan, academician of the Academy of Sciences of Tajikistan, Doctor of Law, Professor,

Mr. Mahmudov M.A to the city of Rome for participation in the international seminar XXXIII. During the official opening ceremony of this international event, where participated representatives of various countries of the world, the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahmudov M. A. delivering an opening speech, stressed the role of Rome law in the development of private, in particularly, modern, civil law system. Within the held event, for making a worthy contribution to the development of international collaboration between scientists and legal scholars of Tajikistan and Italy, as well as made contribution to the development of Rome law in the modern system of private law, Chairman of Constitutional Court of Republic Tajikistan, academician of the Academy of Sciences of Tajikistan, Professor, Mr. Mahmudov M. A. was solemnly awarded an honorary degree of "Doctor of Law" by the State University of Italy "La Sapienza", which is one of the best universities in Italy, formed in 1303 and is considered the largest and most influential academic center.

The Chairman of Constitutional Court of Republic Tajikistan, Mr. Mahmudov M. A. was also awarded an engraved medal by the Municipality of the Rome city. The State University of Italy "La Sapienza" is considered as one of the most famous and influential universities in Italy. The Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahmoudov M. A. is the first legal scholar among the states of the Commonwealth of Independent States, which was awarded by the honorary degree of "Doctor of law."

The Chairman of Constitutional Court of Republic Tajikistan, Mr. Mahmoudov M. A. is the author of more than 50 books and 300 scientific and popular articles, over twenty of which have been translated into Italian and found his readers. Thus, within the framework of the working visit, took place bilateral meeting of the Chairman of Constitutional Court of Republic of Tajikistan, Mr. Makhmudov M. A. with Leadership of the Constitutional Court of Italy, during which they discussed the most important issues of constitutional control bodies of the two friendly countries, and both sides expressed their readiness to deepen bilateral mutually beneficial cooperation.

 

 

On March 28, 2013, in Constitutional Court of the Republic of Tajikistan, under the Presidency of the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Makhmudov was held the proceedings over the request of citizen Turaev Mulohasan Mirzoevich "On determining of compliance of paragraph 4 of the Rules of certification and registration of patent attorneys of the Republic of Tajikistan adopted from June 2, 2009 and included amendments made from September 25, 2012, its conformity to the second part of Article 12 and the first and second parts of Article 35 of the Constitution”. The proceedings was attended by the Plenipotentiary Representative of the Apparatus of President of the Republic of Tajikistan, the representatives of the General Prosecutor's Office, the Ministries of Economic Development and Trade, Justice, Labour and Social Welfare and Culture of the Republic of Tajikistan, representatives from the Agency for State Financial Control and Combating Corruption, as well as representatives of other ministries and departments. In accordance with paragraph 4 of the above-mentioned Rules and in conformity of which “the officials and employees of the Patent Office within three years after the dismissal can not be certified and registered in the Register as a patent attorney", the Constitutional Court of the Republic of Tajikistan notes that the state guarantee of freedom of entrepreneurship is the most important political, social, legal and economic achievement of the Republic of Tajikistan. This guarantee begins from the various forms of property on which is based the economy of Tajikistan, as well as equal rights and legal protection of all forms of property, including private property and without its implementation can not be feasible to establish a social society and a market economy, its competitiveness in the arena of international economic relations. Entrepreneurial activity is a measure of free enterprise and one of the main and most important economic human and civil rights, as well as the basic element of the constitutional principle of economic freedom and the most important thing that it is recognized as an opportunity and a means of realizing the constitutional human and civil rights to work. In this connection, the constitutional human and civil rights and freedoms may be limited only by the Constitution and laws. On this basis, the Constitutional Court by its resolution has recognized, the paragraph 4 of the Rules of certification and registration of patent attorneys of the Republic of Tajikistan not corresponding to the second part of Article 12 and the first and second parts of Article 35 of the Constitu

 

 

From 6 to 13 of February 2013 in the framework of Memorandum of Cooperation between the Constitutional Court of the Republic of Tajikistan and the Constitutional Court of the Republic of Turkey, and with the purpose of familiarization on the activity of constitutional development bodies, took place a working visit of delegation of Constitutional Court of the Republic of Tajikistan to Constitutional Court of the Republic of Turkey. The delegation is composed of Muhabatov J, Musoeva R, P. Ismailov, Sangov G. and P. Gulova. During the visit, delegation of Constitutional Court of the Republic of Tajikistan familiarized with the activities of the Office of Constitutional Court of the Republic of Turkey, in particular with the activities of departments of legal expertise, complaints and claims, foreign relations, and other structures of the body. As part of the visit, the delegation of Constitutional Court of the Republic of Tajikistan had a meeting with the Chairman of the Constitutional Court of the Republic of Turkey, Mr Hashim Kilich. He noted about bilateral mutually beneficial cooperation and stressed that the given visit contributes to more development and deepening of bilateral relations between the constitutional control bodies of two friendly countries. Of course, this working visit improves the professional activity of Staff of Constitutional Court of the Republic of Tajikistan, and Tajikistan Constitutional Court’s further development on international cooperation as a whole.

 

 

 

From January 29th till February 3rd 2013 by invitation of Director General of Cooperation Programm for International Justice, with the purpose of participation in the International Conference on "Development assistance towards strengthening the rule of law: the role of the French and European Justice and the subjects of the law," took place a working visit to the city of Paris by small delegation composed of Judge Secretary of the Constitutional Court of the Republic of Tajikistan Karimov K.M. and Chief of Administration of Constitutional Court of the Republic of Tajikistan Hoshimov D.D. The given international event was also attended by representatives of the judiciary, Justice and other governmental agencies from more than fifteen countries and representatives of various governmental agencies of the Republic of France. In the framework of the working visit were also organized meetings of representatives of the Constitutional Court of the Republic of Tajikistan with members of the Senate, the Constitutional Council, the Court of Cassation and the Council of State, Ministry of Foreign Affairs and other governmental officials of the Republic of France. The parties discussed the issues related to the development of constitutional review and the role of the Constitutional Court of the Republic of Tajikistan in ensuring of supremacy of Constitution and protection of human and civil rights and freedoms.

 

 

 

On January 19, 2013 in a clinic of Dushanbe city, after a short illness passed away Deputy Chairman of the Constitutional Court of the Republic of Tajikistan Mustafo Nazarov – a remarkable person, a professional lawyer, that lived great and most interesting life. Mustafo Nazarov was born in 1949. In 1978 he graduated from the Law Faculty of the Tajik State National University named after V. Lenin and received a law degree. Mustafo Nazarov began his professional career in 1978 as an attorney since 1985, he worked as a head of legal advice Kulyab bureau, from July 1987 to November 1988 he worked as a judge of Kulyab regional court, from 1988 to 1990 – he worked in the Khatlon regional court, he worked as a judge from 1990 to 1993 in the regional court of Kulyab, from 1993 to 1995 worked in the Khatlon regional court. Since 1995, from the moment of establishment of Constitutional Court of the Republic of Tajikistan, he worked as a judge-secretary of the Constitutional Court of the Republic of Tajikistan. And from 2006 until his last days he worked as a Deputy Chairman of the Constitutional Court of the Republic of Tajikistan. He was awarded by state awards, the medal "KHIZMATCHII DAVLATI" and the honorary title of "Kormandi shoistai Tojikiston." He was a Judge with the highest qualification rank. Throughout his life, Mustafo Nazarov dedicated his work to justice, working in various legal systems of the country, has made a significant contribution to the development of the body of constitutional review in Tajikistan. He was a professional lawyer, a decent man, a good bright person. The staff of the Constitutional Court of the Republic of Tajikistan expresses its sincere condolences to the family and friends of Mustafo Nazarov on the occasion of his death and wish to them patience and courage.

 

 

 

 

On January 8, 2013 was held a session in the Constitutional Court of the Republic of Tajikistan, where had been summarized the activity of given Constitutional Court for the period of year - 2012.

At the beginning of session, the Chairman of Constitutional Court of the Republic of Tajikistan,

Mr. Makhmudov M. A. delivered a welcoming speech and noted that due to efforts of President of Tajikistan, H. E. Mr. Emomali Rahmon, the year -2012 has been significant and memorable in the sphere of economic and social development, holding of important political and cultural events and that year was the year of great success achievement in the life of our country.

Last year, relating to the state independence and national unity, were held festive events in Tajikistan, dedicated to the 15th - anniversary of the signing of General Agreement on the Establishment of Peace and National Accord in Tajikistan, 20th anniversary of the historic XVI session of the Supreme Council of the Republic of Tajikistan, the Day of state’s Constitution and as well as other held political events that played a major role in the development of modern statehood basis, in the strengthening of peace and mutual understanding in our country.

In the history of our nation, having an ancient history, has occurred another significant event in 2012. It is the accession of Tajikistan to the World Trade Organization. It should be mentioned that the accession of Tajikistan to that organization, in its turn, will contribute to the sustainable development of the country’s economy.

For Constitutional Court of Republic of Tajikistan the past year also became the year of development. The given body of constitutional control achieved positive results in professional activity and strengthened the friendly relations with the bodies of constitutional control of other countries in the case of ensuring the supremacy and direct action of Constitution, and the protection of human and citizen rights and freedoms. During the final session, secretary of Constitutional Court - Karimov K. M, Head of Administration of Constitutional Court - Hoshimov D.D and heads of departments of Constitutional Court - Nurlyaminova G.A, Gulov A.A. and Muhabbatov J.H. made statements about reports on activity of the Constitutional Court of the Republic of Tajikistan, on activity of Administration of Constitutional Court and on activity of departments of Constitutional Court for the period of 2012.

It was noted that in 2012, on the basis of submissions and petitions of individuals and legal entities who applied to Constitutional Court, was considered eighteen cases. The goal of considerations of these mentioned petitions and submissions was to determine the compliance or incompliance of applied normative - legal acts to the norms of Constitution. In relate to four cases from all considered eight cases, were taken appropriate decrees and in regard to other four cases, there were taken conforming designations.

Thus, in regard to three cases: 1) over the petition of citizen, Odinaev E.D. - "On determination of compliance of article 29 of the Law of the Republic of Tajikistan on executive proceedings (dated by March 29, 2008, under number № 373) to the article 12, part three of article 20, to part first and second of the article 32 and part second of article 45 of the Constitution of Republic of Tajikistan; 2) over the petition of citizen Boboev J. - "On determination of compliance of part second of eighth paragraph of article 42 of the Criminal - procedural Code of the Republic of Tajikistan and its compliance to articles 17 and 19 of Constitution; 3) over the petition of citizens Sharipov A.P. and Romanov S.T. - "On determination of compliance of part 5 of article 91 of the Penal Executive Code of Tajikistan (dated by August 6, 2001, under № 32) and its compliance to article 21 and 92 of the Constitution. After analyze and consideration of petitions, requests of the given three petitions were recognized conforming to Constitution.

In regard to the petition of citizen Radjabov A. A. - "On determination of compliance of part 5, the Constitution", the Constitutional Court thoroughly considered the issue, states that the activities of the crimes investigation bodies and the courts, to the mandate of which is included the inquiry, court and preliminary investigation does not exclude errors and omissions and in this connection, the appeal and protest against court decisions by higher courts, which are formed in order to correct errors relating to the activities of lower courts, is characterized as one of the most important principles of a democratic criminal justice system.

In this regard, any order, which restricts the right of parties of the proceedings over protection of their due process rights, is the full obstacle for the protection of their rights and is considered as limitation of guarantees of judicial protection of rights, established by Constitution and international acts recognized by the Republic of Tajikistan, and criminal law.

On this basis, with its decision, the Constitutional Court of the Republic of Tajikistan recognized part 5, article 124 of the Criminal Procedural Code of the Republic of Tajikistan not inconsistent to the articles 14 and 19 of the Constitution.

As for the other fourteen petitions and appeals, due to the fact that the issues referred to them, do not include to the competencies of the Constitutional Court of the Republic of Tajikistan and in accordance with the Constitutional Law of the Republic of Tajikistan "On the Constitutional Court of the Republic of Tajikistan", in relate to them, were taken designations on refusal to initiate constitutional proceedings.

At the same time, Constitutional Court, have determined its legal position in regard to the matters referred to these designations, drew the attention of state authorities, in particular the Supreme Economic Court of the Republic of Tajikistan, the Ministry of Internal Affairs of the Republic of Tajikistan, the General Prosecutor's Office and other governmental agencies in order to execute the acts adopted by the Constitutional Court and the elimination of existing limitations.
It was also noted that during the year of 2012, more than 540 individual and legal entities addressed to the Constitutional Court orally and writing, and through e-mail on the various issues. All questions, were duly considered, and applicants got their answers by legislative manner.

 

 

 

On December 20, 2012, under the presidency of Chairman of Constitutional Court of Republic of Tajikistan - M. Mahmudov, was held proceedings over the petition of a citizen Radjabov A. A. on "Determination of part 5 of Article 124 of the Criminal Procedure Code of Republic of Tajikistan and its conformity to articles 14 and 19 of the Constitution". The mentioned proceedings took place in the Constitutional Court of Republic of Tajikistan. The proceedings was attended by authorized representatives of the Majlisi Oli Majlisi Mili and the representatives of President’s Administration of the Republic of Tajikistan, the representatives of the Supreme Court, the General Prosecutor's Office, the Judicial Council, the Ombudsman on Human Rights of Republic of Tajikistan, the Ministries of Justice and Interior affairs, as well as representatives of other ministries and departments. The Constitutional Court thoroughly considered the issue, underlined that the activities of the crime investigation’s bodies and the courts, to the mandate of which is included the inquiry, a pre-trial investigation does not except the errors and omissions. In this regard, the appeal and protest against court decisions by higher courts, which are directed to correct errors relating to activities of lower courts, is characterized as one of the most important principles of a democratic criminal justice system. Thus, any order, which restricts the right of participants of the proceedings on protection of their due procedural rights, becomes an obstacle to the full protection of their rights. All this restrict the guarantees of judicial protection of the rights which is established by the Constitution, by ratified international acts of the Republic of Tajikistan and by the criminal law. On this basis, the Constitutional Court of the Republic of Tajikistan recognized with its resolution that part 5 of Article 124 of the Criminal Procedure Code of the Republic of Tajikistan does not correspond to the Articles 14 and 19 of the Constitution.

 

 

 
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