00:58:50 - 20.09.2019

 

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 January 10th, 2012, there took place the session in the Constitutional Court of the Republic of Tajikistan where were summed up the activity of the Constitutional Court for the period of 2011. At the beginning of the session, having made welcoming speech, the Chairman of the Constitutional Court of the Republic of Tajikistan – Mahmudov M. A. emphasized that the year of 2011 have been the historical year of celebration of the 20th anniversary of the State independence of the Republic of Tajikistan in which were succeeded big achievements in political, economic, social and cultural spheres of our state.

For the Constitutional Court of the Republic of Tajikistan, the past year has also been the year of development within which, this body of the constitutional control achieved big positive results, promoting to improvement of its role in the major of ensuring of supremacy and direct application of the Constitution and the protection of human and citizen rights and freedoms, as within as outside of our state. During the conclusive session of the Constitutional Court of the Republic of Tajikistan, vice-Chairman of the Constitutional Court - Nazarov M. N. and the Head of the apparatus of the Constitutional Court – Hoshimov D.D. made statements about the activity of the Office of the Constitutional Court for the term of 2011 year.

There was noticed that in the year of 2011, eleven cases were considered on the basis of submissions and petitions of the physical and legal entities being subjects of the application to the Constitutional Court, with the purpose of determination of contradiction of applied legally - standard acts to the Constitution of the Republic of Tajikistan. Among that cases, in related to four cases were accepted resolutions and as well as in regard to seven cases were adopted appropriate definitions.

In relate to four following below-mentioned cases, there were accepted appropriate resolutions: 1) On submission by judge of court of the Roshtkalyinsky region of GBAO about determination of conformity of part 2, article 25th of the Law of the Republic of Tajikistan «on education» and point 3rd, 17th of “Resolution on distribution and providing of young specialists with jobs”, compliance with part 1, article 35th and part 2, article 41st of the Constitution of the Republic of Tajikistan; 2) Over the petition of citizens of Makhmudov M. and Makhmudova E. on determination of conformity of articles 121 and 122 of the Housing code of the Republic of Tajikistan and article 147 of the Criminal code of the Republic of Tajikistan corresponding to article 32nd of the Constitution of the Republic of Tajikistan; 3) Over the petition of the director general of Limited Liability Company - Abdurakhimov A.A. and his plenipotentiary representatives - Lebedev V. M. and Ismoilov Y. on determination of compliance of point 1, part 2 of the article 6 of the Law of the Republic of Tajikistan «On the state taxes» corresponding to part 1 of the article 17th and part 1 of the article 19th of the Constitution of the Republic of Tajikistan; 4) Over the petition of the director general of Limited Liability Company “Babylon-Mobayl” - Fayzulloyev B. H. on determination of compliance of point 28th, chapter 58th of the “Resolution on features of licensing of separate kinds of activity” and point 2 of the Resolution of the Government of the Republic of Tajikistan dated by August 29, 2009, № 472 «About inclusion modification into the Resolution of the Government of the Republic of Tajikistan dated by April 3, 2007, №172 corresponding or conformity with article 45th of the Constitution of the Republic of Tajikistan.

 

 

 

 

On December 23rd, 2011, in a court session hall of the Constitutional Court of the Republic of Tajikistan, the court proceedings took place over the petition of Fayzulloyev B. H. - director general of the limited liability company “Babylon-Mobayl”. The petition was about the determination of conformity of the point 28, chapter 58th of the “Provision on features of licensing of separate kinds of activity” and conformity of the point 2 of the Resolution of the Government of the Republic of Tajikistan from August 29, 2009, under №472 «About inclusion modification to the Resolution of the Government of the Republic of Tajikistan from April 3rd, 2007, №172” to the article 45th of the Constitution of the Republic of Tajikistan».

As usual, in a court proceedings of Constitutional Court, plenipotentiary representatives of Parliament (Majlisi Milli, Majlisi Namoyandagon), the representatives of the Apparatus of the President of the Republic of Tajikistan, representatives of the Supreme Court, the Supreme Economic Court, the Prosecutor General's Office, the Ministry of Justice, Council of Justice, the State committee on investments and management of the state property, Tax committee and the Communication service under the Government of the Republic of Tajikistan participated in it.

In accordance with the Constitution’s requirements, internationally legal acts and other legal – standard bases, the Constitutional Court of the Republic of Tajikistan, having comprehensively considered the presented petition and recognized with its decision the point 28, chapter 58th of the Provision on features of licensing of separate kinds of activity and point 2nd of the Resolution of the Government of the Republic of Tajikistan from August 29, 2009, No. 472 «On modification of the Resolution of the government of the Republic of Tajikistan from April 3, 2007 of No. 172» corresponding to the article 45th of the Constitution of the Republic of Tajikistan.

The Constitutional Court of the Republic of Tajikistan also noted that the effective date of the Resolution of the Government of the Republic of Tajikistan dated by August 29, 2009, № 472 was incorrectly determined by Tax Committee under the Government of the Republic of Tajikistan, and later by Supreme Economic Court of the Republic of Tajikistan and consequently that became the cause for the wrong application of the indicated Resolution.

In this connection, in the second point of the resolution of the Constitutional Court, it was determined that the Resolution of the Government of the Republic of Tajikistan dated by August 29, 2009, №472 enters into force after its official publication – dated by November 21st, 2009, and Tax Committee under the Government of the Republic of Tajikistan, and as well as the Supreme Economic Court of the Republic of Tajikistan have to align its legal acts with the present resolution of the Constitutional Court.

 

 

 

 

On December 15th -16th, 2011, the official visit of the President of the Republic of Tajikistan - Emomalii Rakhmon to Ukraine took place. The Chairman of the Constitutional Court of the Republic of Tajikistan - Mahmudov M. A. was also included to the composition of the official delegation of this visit. Within cooperation between two friendly states of Tajikistan and Ukraine and in the presence of heads of states, seven documents on cooperation in various areas were signed.

As well as, within the framework of cooperation between bodies of the constitutional control of Tajikistan and Ukraine, the Chairman of the Constitutional Court of the Republic of Tajikistan - Makhmudov M. A. and the Chairman of the Constitutional Court of Ukraine Golovin A.S. signed the Memorandum on cooperation between the Constitutional Court of the Republic of Tajikistan and the Constitutional Court of Ukraine. The signing of this Memorandum is very important step in the case of strengthening and development of close bilateral relations. The given act, as the historical document, puts legal base for development of bilateral relations of two independent bodies of judicial authority.

According to the national legislation of both states, the given document provides to the parties the possibility to develop cooperation by an exchange of experience, and also by information on legal and judicial acts, relating to the activity of the body of the constitutional control.

 

 

 

On November 10th, 2011, the court proceedings took place in the Constitutional Court of the Republic of Tajikistan under the presidency of the Chairman of the Constitutional Court of the Republic of Tajikistan - Makhmudov M. and with participation of judges: Nazarov M., Karimov of K.M., Abdullaev A.A., Abdullaev L.I., Gulzorova M. M. The court session was conducted with reference to the petition of Abdurakhimov A.A - director general of the Limitied Liability Company and his plenipotentiary representatives Lebedev V. M., Ismoilov Y. about determination of conformity of point 1, part 2 of the article 6 of the Law of the Republic of Tajikistan «On state taxes» to the part 1 of article 17th and part 1 of article 19th of the Constitution of the Republic of Tajikistan».

Plenipotentiary representatives of Parliament of Tajikistan (Majlisi Namoyandagon, Majlisi Milli) and the Apparatus of President of the Republic of Tajikistan, representatives of the Supreme Court, the Supreme Economic Court, the Prosecutor General's Office, the Ministry of Justice, the Ministry of Finance, Council of Justice, the State committee on investments and management of the state property, and as well as Tax Committee under the Government of the Republic of Tajikistan participated and made statements in that court proceedings. The Constitutional Court of the Republic of Tajikistan, having comprehensively considered the given issue, notes that in the mentioned law are set taxes and tariffs, as well as in the article 5 of this law are established taxes relief from the state taxes in accordance with various petitions of individuals and a number of bodies.

In conformity with part 1 of article 45th of the Constitution of the Republic of Tajikistan the payment of the taxes and fees, set by the law, is a duty of everyone. That is to say that this norm does not envisage any exceptions and the payment of taxes and fees are based on establishment of law. In the given law privileges are set for individuals, as well as for disabled people and participants of the Great Patriotic War, for the persons similar to them, for the separate groups – to claimants of separate legal (labor, family, civil, criminal) relationships. Also, certain benefits are established for state authorities up to release from payment of taxes and other fees, which in refer to legal entities does not apply. So, the law is adopted upon the suggestion and will of the authority having a legislative initiative.

With regard to that, the Constitutional Court with its resolution recognized applicable and appropriated to that case the point 1, part 2 of article 6th of the Law of the Republic of Tajikistan «On the state taxes» and part 1 of article 17th, part 1 of article 19th of the Constitution of the Republic of Tajikistan. As far as the existing listed barriers of an advanced payment of taxes and other fees cannot become as the cause of not acting and not recognizing of the corresponding legal-standard settings of the law, the Constitution.

Along with this and with the aim of real ensuring and the availability of rights for judicial protection to individuals, Parliament (Majlisi Oli) and the Government of the Republic of Tajikistan have been recommended to consider institutions of a partial advanced payment, a delay, pledge, extension of tax payment, registration of property, and consider the issues related with taxes collection and other charges, as well as reconsideration of matters of inclusion modification and additions to the relevant current legislation.

 

 

On 3rd of November, 2011, in the honour of 17th years of adoption of Constitution of the Republic of Tajikistan and 16th years of formation of the Constitutional Court of the Republic of Tajikistan, the round table on the theme: «the Constitution as a guarantee of ensuring of human rights and freedoms» took place in a session hall of the Constitutional Court of the Republic of Tajikistan, where judges, staff of Constitutional Court of the Republic of Tajikistan and as well as representatives of various state agencies participated in it. Also plenipotentiary representatives of Majlisi Namoyandagon and Majlisi Milli of Majlisi Oli of the Republic of Tajikistan, the representatives of President of the Republic of Tajikistan, representatives of the Supreme Court, the Supreme economic court, the State Office of Public Prosecutor, the Ministry of Justice, Council of Justice of the Republic of Tajikistan and representatives of other state agencies have taken an active part and made statements. Adressing with the greeting speech, the Chairman of the Constitutional Court of the Republic of Tajikistan - Mahmudov M.A. has emphasized that on the 6th of November, 1994, the Constitution of independent Tajikistan was adopted by a national referendum

 

 

 

On 26th - 30th of October, 2011, due to honour of 20th years of formation of the Constitutional Court of the Russian Federation, the international Conference on the theme: «the Constitutional control: the doctrine and practice» and with the participation of representatives of more than fifty countries of the world took place in the city of Moscow and St. Petersburg of the Russian Federation. During the work of the Conference, as well as the Chairman of the European Court on human rights - Kosta Jean – Pol, the President of the Venetian Commission for democracy through the right of the Council of Europe (the Venetian Commission of the Council of Europe) – Dzjiani Bukikkio, Chairman of Conference of constitutional control agencies of the countries with new democracy and the Chairman of the Constitutional Court of Armenia - Arutjunjan G.G., representatives of the Constitutional Courts of Austria, Albania, Andorra, Belgium, Belarus, Hungary, Egypt, Indonesia, Italy, Korea, Kingdom of Belgium, Latvia, Lithuania, Moldova, Mongolia, Azerbaijan, Germany, Switzerland and other states have taken part. It must be mentioned that within the work of the given Conference, the Constitutional Court of the Republic of Tajikistan was represented by the Chairman of the Constitutional Court of Republic Tajikistan - Mahmudov M.A.

 

 

 

On 17th - 21st of  October 2011, with the aim of working visit, the Chairman of the Constitutional Court of the Republic of Tajikistan - Mahmudov M.A. and Minister of Justice of the Republic of Tajikistan - Hudoyorov B.T. arrived to the city of Berlin of Federal Republic of Germany. During a working trip, an introduction with activity and the structures of the Ministry of Justice of Federal Republic of Germany has been conducted, as well as the fruitful meetings with minister of the given Ministry have been held. Within the framework of the visit, the Chairman of the Constitutional Court of the Republic of Tajikistan - Mahmudov M.A., also visited the Constitutional Court of Berlin on land matters, and held a meeting with its Chairman and judges. Within bilateral meeting, the Chairman of the Constitutional court of the Republic of Tajikistan - Mahmudov M.A. having acquainted attendees with fruitful activity of the Constitutional Court of the Republic of Tajikistan, underlined that in the case of ensuring of supremacy of the Constitution and protection of human and citizens rights, freedoms and legitimacy, the given agency of the constitutional control as the independent body of judicial authority has a significance value in the Republic of Tajikistan. During a meeting, the questions, concerning bilateral relations between bodies of the constitutional control of two countries have also been discussed, and parties have expressed the readiness to develop and deepen the existing relations.

 

On 14th -15th of October, 2011, in accordance with the governmental decree of the Republic of Tajikistan dated from December, 30th, 2010, under  №678 on approved «Plan on holding of scientific and scientifically - technical meetings, conferences, symposiums, congresses, and seminars for 2011 in the Republic of Tajikistan», and  in cooperation of the Constitutional Court of the Republic the Tajikistan with the Tajik State National University and the Commissioner on Human Rights of the Republic of  Tajikistan, the First International Euroasian seminar devoted to the vital theme «Defense of human and citizens rights and the freedoms» has been held in the city of Dushanbe with the participation of more than thirty five representatives of various agencies of foreign states. As well as the representatives of Argentina, Georgia, Italy, Poland, Macedonia, Mongolia, Kazakhstan, Kyrgyzstan, the Russian Federation, Romania, Serbia,Turkey, China, and the representatives of other international organizations participated in the work of the international seminar. Also the representatives of various state agencies of the Republic of Tajikistan, including the state adviser of the President of the Republic of Tajikistan on the legal policy – Davlatov D.M., Minister of Justice of the Republic of Tajikistan – Hudoyorov B.T., Chairman of Committee on religion under the Government of the Republic of Tajikistan – Holikov A.G., Director of the National center under the President of the Republic of Tajikistan – Rahimov M.Z., judges of the Constitutional Court participated in work of the seminar.  As well as outstanding scientists in the major of law made statements devoted to protection of human and citizens rights and freedoms.

 

 

On 6th - 7th of October 2011, in the city of Yerevan, due to 15th anniversary of the Constitutional Court of Republic of Armenia, has taken place the International conference on the following theme : «Legal consequences of decisions of the Constitutional Court in strengthening of constitutionalism in the country». At the given conference, the constitutional court of the Republic of Tajikistan was represented by such judges of the Tajik Constitutional court as Abdullaev A.A. and Karimov К.М. As well as the President of Venetian Commission for Democracy (Venetian Commission of the Council of Europe) Djianni Bukikkio, the Chairman of the Constitutional court of Armenia Arutyunyan G. G, representatives of Administration the President of Republic of Armenia and Parliament of Republic of Armenia, the Chairmen and judges of the constitutional control organs from more than 20 countries of the world, chairmen of diplomatic corps and the international organizations participated in the work of this international Conference. During the work of that Conference were made more than 20 reports and statements, including the report of judge Karimov. K on the following theme: «the role of the Constitutional court of Republic of Tajikistan in strengthening of bases of the constitutional system». Within the framework of the Conference the judges of the Constitutional court of Republic of Tajikistan, Abdullaev А.А. and Karimov K.M. got together with the chairmen and judges of the Constitutional Courts of Armenia, Ukraine, Belarus, Latvia, Lithuania, Russia, Croatia, Kazakhstan and Turkey and discussed the wide range of questions of activity of the constitutional control authorities of their countries, consequently made an exchange of views.

 

 

 

 

On 3rd of October, 2011 in the Constitutional Court of Tajikistan, under the presidency of the Chairman of the Constitutional Court of Tajikistan – Mahmudov M. A. there was taken place a court session on the application of citizens of Mahmudov М. and Mahmudova E. concerning the definition of conformity of articles 121 and 122 of Housing code of the Republic of Tajikistan and the article 147 of the Criminal code of the Republic of Tajikistan to the article 32 of the Constitution of the Republic of Tajikistan. Plenipotentiary representatives of Majlisi Namojandagon Majlisi Oli of the Republic of Tajikistan, the Executive apparatus of President of the Republic of Tajikistan, representatives of the Supreme Court, the State Office of the Public Prosecutor, the Ministry of Justice, Council of justice of the Republic of Tajikistan, and also representatives of the governmental Committee on women and family affairs were participated in the given judicial session of the Constitutional Court of Tajikistan. Verifying and analyzing the submitted above-mentioned petition in coherence with Constitution’s requirements, norms of international law and other legal – standard acts, as well as in conformity with judiciary practice, the

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On 28th of September, 2011 on behalf of the Head of the Constitutional division of justice of the Venetian Commission for Democracy (Venetian Commission of the Council of Europe) Mr. Shnuts Dura, a letter of congratulation has arrived addressed to the Chairman of the Constitutional Court of the Republic of Tajikistan - Mahmudov Mahkam Azamovich, where mentioned the following:

Dear Mr. Chairman, Mahmudov М! - The Constitutional Court of the Republic of Tajikistan has accepted by a solid vote as a member of the World conference on the constitutional justice. In this regard, please accept my congratulations on this important event.

 

 

 
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