10:59:41 - 26.04.2017

News of Constitutional Court of the Republic of Tajikistan

SUMMARY OF THE CONSTITUTIONAL COURT`S ACTIVITY IN 2015

A meeting on results of the constitutional Court`s activity in 2015 was held in the courtroom of the constitutional Court of the Republic of Tajikistan on 25th of December 2015.

Opening the meeting, the Chairman of the constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda noted that in 2015, despite the difficult situation in the world and negative effects of economic and financial factors, the state and the Government of the country managed to maintain positive trend in economic development of the country, as well as political and social stability, and to achieve significant results in various fields of national economy.

Progressive implementation of creative initiatives of the state and Government and series of measures aimed at improving the welfare of population, strengthening national interests, peace and stability, national unity, protection of the achievements and independence and the continuation of the open doors policy emerged to be correct policy of the government.

This year, the unanimous recogmition of the President of the Republic of Tajikistan, esteemed Emomali Rahmon – the Founder of peace and harmony – as the leader of the nation, is the result of the recognition of President`s constant efforts towards the creation of national State on the basis of democratic and legal system in which the rights and freedoms of man and citizen recognized as the Supreme value and are the pride of every citizen of the country.

Important political and cultural events, including the conduct of democratic and fair elections of deputies to the Supreme representative and legislative body of the country, local representative body of state power and local self-government of shahrak and dekhot, showed that the country is strengthening democratic process, developing the foundations of civil society, the principle of political pluralism and is steadily increasing the level of legal awareness within society.

The celebration of 3000th anniversary of Hissar and the 700th anniversary of an outstanding tajik scientist and thinker Mir Said Ali Hamadoni at the highest level, are the most important cultural events of the year, and attest to a rich, globally important, history of the Tajik people.

In anticipation of the celebration of national holidays, the delivery into operation of roads of international level and industrial enterprises of strategic importance, cultural and entertainment centers, and provision of citizens with permanent jobs and the corresponding wage, are an indicator of the realization of the constitutional intentions towards the welfare state.

In honor of the 20th anniversary of the constitutional Court of the Republic of Tajikistan an international conference with the participation of the President of the Republic of Tajikistan, esteemed Emomali Rahmon, representatives of bodies of the constitutional control of more than twenty countries and international organizations, heads and representatives of various state authorities, scholars and experts in the field of law was held. And it is a testament to the fact that the organ of the constitutional control takes an important place in system of public authorities.

In his speech, the President of the Republic of Tajikistan esteemed Emomali Rahmon, gave a high assessment to the activity of the constitutional Court, particularly emphasized the need for the authority of the constitutional control in the country, the activities of which are aimed at ensuring the supremacy of the Constitution,

During the conference the most important issues related to the Constitution and constitutionalism, the activity of the constitutional control body for the protection of the rights and freedoms of citizens, the execution of decisions of constitutional courts, the constitutional court in the judicial system, constitutional control, as a means of ensuring the supremacy of the Constitution, provision of constitutional legal guarantees for rights and freedoms of citizens and other issues related to constitutional and judicial process, were discussed

By the end of the international event findings and recommendations of the Dushanbe conference, concerning the development of the activities of the authority of the constitutional control, were adopted, which in turn ensures the further development of the activities of the organ of the constitutional control, the improvement of legislation and protection of the rights and freedoms of man and citizen.

At the meeting the issue of the activities of the constitutional Court and its staff in 2015 was raised by Vice – Chairman-K. M. Karimzada and chief of staff Gulzoda A. A..

In their speeches, in particular, it was noted that in 2015 the constitutional Court, on the basis of applications of entities, in order to determine the conformity of normative legal acts to Constitution of the Republic of Tajikistan, has dealt with five cases, and they have resulted into judicial acts.

In particular, the constitutional Court considered the petition of the General Director of the closed joint-stock company "Babilon-mobile" Fayzullaev B. H. "On determination of compliance of paragraph 7 of the Provision on calculating the cost of products (works, services) at enterprises and organizations of the Republic of Tajikistan approved by the decree of the Government of the Republic of Tajikistan of may 12, 1999, No. 210, articles 12, 32 and 45 of the Constitution of the Republic of Tajikistan", noted that ensuring the implementation of the guarantee of freedom of economic and entrepreneurial activities, equality and legal protection of all forms of ownership, including private, as well as the ensuring performance of obligations on payment of taxes and fees defined by the laws, is considered one of the most important tasks of the social state.

The regulation on the calculation of production costs at enterprises and in organizations, is a normative legal act, that refers to the system of legal acts in the tax field, and is not an act establishing a tax or tax liability, is the act of determining the actual reasonable cost of production.

This Provision determines the procedure for calculating evidence-based cost of production, with economic justification of prices and the list of expenses included in the cost of production, and in relation to the subjects of taxpayers does not establish any tax obligations.

On this basis, the constitutional Court's ruling on May 28, 2015 paragraph 7 of the mentioned Provision was recognized corresponding to the articles 12, 32 and 45 of the Constitution of the Republic of Tajikistan.

The constitutional Court also had considered the petition of a citizen Mullojonova F. "On determination of compliance of part 2 of article 197 of the Procedure code about administrative offences of the Republic of Tajikistan article 14, paragraph 1 of article 17 and paragraph 1 of article 19 of the Constitution of the Republic of Tajikistan, it was noted that in the system of constitutional rights and freedoms of man and citizen the rights of judicial protection, as well as the protection of honor and dignity of the human being occupies a special place.

This guarantee assumes the features of democratic, legal and social state, which Tajikistan is, in which man, his rights and freedoms n are recognized as the Supreme value and, in turn, are also an important way of ensuring citizens ' access to justice.

Part 2 of article 197 of the Procedure code about administrative offences, which became the subject of consideration of the constitutional justice provides for the grounds, which are explained as newly discovered circumstances and the presence of which can resume the proceedings on an administrative offence. In this connection the provisions of paragraph 2 of this article cannot limit human rights to judicial protection, but rather gives the person an opportunity, by a court of competition due to newly discovered circumstances to prove his innocence.

In this connection, the constitutional Court in the rules of part 2 of article 197 of the Procedure code about administrative offences the determination of which article 14, paragraph 1 of article 17 and paragraph 1 of article 19 of the Constitution, disputed applicants are not identified infringement or restriction of the rights of persons to judicial protection, and human honour and dignity and their regulation on May 22, 2015 recognized the specified corresponding norm of the Constitution.

At the same time, the constitutional Court with the aim of further improving the circumstances that may be a ground for reopening of proceedings, deemed appropriate to revise part 2 of article 197 of the Procedure code about administrative offences of the Republic of Tajikistan by the Majlisi Oli of the Republic of Tajikistan and the Government of the Republic of Tajikistan.

In three cases constitutional Court adopted a ruling on refusal to initiate constitutional proceedings in connection with the consideration of the presented cases not within itsauthority, and the lapse of six months appeal to the constitutional Court.

The constitutional Court, within its constitutional power to determine the conformity of the normative acts to the Constitution had studied 68 normative legal acts of local government bodies of regions and cities regions, and the results of the study drew the attention of those responsible to address existing shortcomings. On the basis of a proposal of the constitutional Court in shortcomings in existing regulations were eliminated.

In 2015 in the constitutional Court both orally and in writing form addressed over 300 individuals and legal on various issues, which in the established order, were considered.

With the exception of citizens and legal persons, 2450 normative legal acts, letters and other documents were directed to the constitutional Court.

655 letters on various issues were sent by the constitutional court to the various state organs, physical and legal entities.

This year the constitutional Court received 1,030 letters via e-mail and 490 letter were sent via electronic mail to the authorities of the country and in foreign countries.

In honor of the 20 anniversary of the constitutional Court in three languages was published commemorative book: "the constitutional Court of the Republic of Tajikistan: 20 years of development and improvement" that covers relevant information about the history of the formation of the constitutional Court, its composition, activities, international relations and the role of court decisions in the strengthening of constitutional legality.

In two languages were published in "Collection of decisions of the constitutional Court of the Republic of Tajikistan 1996-2015" and "Collection of definitions of the constitutional Court of the Republic of Tajikistan 1996-2015" in which the said legal acts adopted since the establishment up to the present time.

According to the results International conference has been published as a book "Materials of the international conference on "Constitutional justice is the guarantor of the supremacy of the Constitution" which covers the speech of the President of the Republic of Tajikistan and the reports of other participants of the conference in three languages.

In the framework of international cooperation between the Constitutional Court of the Republic of Tajikistan and the Constitutional Chamber of the Kyrgyz Republic signed a Memorandum on cooperation that will further promote cooperation between bodies of the constitutional control of two countries.

For the purpose of participation and performance in various activities of bodies of the constitutional control of foreign countries, representatives of the constitutional Court with a working trip visited the republics of Armenia, Indonesia, Kazakhstan, Turkey, Uzbekistan, France, China and Switzerland.

Article the judges and the staff officials of the constitutional Court in honor of the 20th anniversary of the constitutional Court, the anniversary of the adoption of the Constitution of the Republic of Tajikistan and other relevant topics were published in various newspapers and magazines both in the State and abroad.

For the purpose of explaining the provisions of the Constitution and explain the role of the constitutional Court in ensuring the supremacy of the Constitution among the population, representatives of the constitutional Court participated and made presentations in various scientific and practical republican conferences, the event of the ministries of justice, interior, defence, Agency for state financial control and combating corruption, the Center for strategic studies, Center for Islamopedia, Technological University of Tajikistan, High school of the State Committee of national security, of Executive authorities of cities and districts of Vahdat, Kurgan-tube, Sarband, Tursunzade, Khorog, Bokhtar, Varzob, Vakhsh, Roshtkala, Rudaki, Gissar J. Rumi and other state agencies.

On the initiative of the constitutional Court on December 1-2, 2015 in the cities of Kurgan-tube and Kulya, Khatlon region , round tables were held to clarify the constitutional law of the Republic of Tajikistan "On the constitutional court of the Republic of Tajikistan" and the order of the constitutional Court.

The round tables were attended by chairmen and judges of the Khatlon regional court in Kurgan-Tyube, Kulyab, region of Abdurahmoni Jomi, Bokhtar, VAS, Mir Ali Hamadoni, Muminobod, Jaloliddini Rumi, Shuraabad, representatives of the office of the Council of Khatlon region, the Department of justice of Ministry of justice of Khatlon region, bailiffs, lawyers, representatives of Executive authorities of the Khatlon region, the city of Kurgan-Tyube and Kulyab.

This year, the website of the constitutional Court is being constantly updating in three languages, is filled with information regarding important activities of the constitutional Court. To this day more than 150 000 citizens visited the website of the constitutional Court and took advantage of shared information.

At the end of the meeting, the Chairman of the constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda expressed gratitude to the staff of the constitutional Court for efficient and fruitful work.

According to the results of the General meeting of the constitutional Court in 2015, the relevant decision was made.

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1-2 December 2015 on the initiative of the Constitutional Court of the Republic of Tajikistan, Council of justice and Programme of GIZ in Tajikistan "Promotion of legal statehood in Central Asia" aiming at clarifying the constitutional law of the Republic of Tajikistan round tables "On the constitutional court of the Republic of Tajikistan" and the order of the constitutional Court, in the cities Kurgan-tube and Kulyab in Khatlon were held.

The round tables were attended by chairmen and judges of the regional courts of Khatlon, the city of Qurghonteppa, Kulob, Abdurahmoni Jomi districts, Bokhtar, Vaseh, Mir Said Alii Hamadoni, Muminobod, Jaloliddini Rumi, Shuraabad, representatives of the office of the Council of justice in the Khatlon region, Justice Department of Ministry of justice of Khatlon region, bailiffs, lawyers, representatives of Executive authorities of the Khatlon region, the city of Kurgantyube, and Kulyab.

In the round table discussion on topics concerning the role of the authority of the constitutional control in maintenance of the constitutional legality, the importance of this organ in the development of a democratic state, the need for a new edition of the adoption of the constitutional law of the Republic of Tajikistan "On the constitutional court of the Republic of Tajikistan", the novelties of this law, the powers of the constitutional Court, the order of appeal to that authority, the procedure for consideration of cases in the constitutional Court, as well as the importance of its acts and ensuring the direct action of the Constitution of Tajikistan, was made by the President of the constitutional Court of the Republic of Tajikistan – M. Mahmoodzada, Vice-Chairman – K. Karimzoda and judging of the constitutional Court – D. Hashimzada, and answered many questions of participants of the round table.

During the round table the Deputy Chairman of the Council of justice of the Republic of Tajikistan – M. Pulodi and international expert of the GIZ in Tajikistan "Promotion of legal statehood in Central Asia" – Ametistova O. also provided information on the importance and results of judicial reform in the country, and on some of the provisions of the constitutional law of the Republic of Tajikistan "On the constitutional court of the Republic of Tajikistan".

 

November 23, 2015 in the courtroom of the constitutional Court of the Republic of Tajikistan in honor of the Day of State flag of the Republic of Tajikistan a solemn meeting with the participation of management, judges and staff of the constitutional Court of the Republic of Tajikistan was held.

Opening the solemn meeting the President of the Constitutional Court of the Republic of Tajikistan, Mahkam Makhmudzoda congratulated all those present on this national holiday, and noted that the national flag of the country, being the symbol of the modern state, has an ancient and rich history.

Annually, on the initiative of the President of the Republic of Tajikistan, Emomali Rahmon, The Flag Day, as a historic date is celebrated throughout the country and is a sign of increasing feeling of self-awareness of the population and commitment to the values of a democratic and legal state.

During the meeting, informative reports, also on the national flag – a symbol of national statehood were made by the staff of the Constitutional Court of the Republic of Tajikistan and have provided information about the history of the adoption of this state symbol in the first years of state independence.

 

 

 





On the 2nd of November, 2015 a round table on "The Role of the Constitution in the formation of a democratic legal state and strengthening of constitutional legality" with participation of representatives of several ministries and agencies, and higher educational institutions of the country was held in the constitutional Court of the Republic of Tajikistan.

The President of the constitutional Court of the Republic of Tajikistan, Mahkam Mahmudzoda in his opening speech at the roundtable, noted the critical role of the country's Constitution, adopted in 1994, at a time of political difficulties in the country, concerning the development of democratic and legal state, and the role of constitutional review in ensuring the supremacy and direct action of the Constitution.

It was also noted that the Constitution, being a normative and legal act of the highest legal force, laid down the basic principles of the constitutional order, the basic principles of the state development provided legal basis for the development of all sectors of the economy.

Expressing the desire of the people of Tajikistan to build a socially just society, the Constitution diverted internal and external policy of the state, the functions of the apparatus of the state, organs of state and their officials to address these higher goals.

Reports focused on the role of the Constitution in the development of modern statehood were also heard at the round table.

 

 

 

On the 28th-29th of October, 2015 in Strasbourg a conference "Role of the constitutional Court in ensuring the supremacy of the Constitution", was organized. Organs of constitutional control of the countries of Central Asia took part in the conference.

At this international conference the President of the constitutional Court of the Republic of Tajikistan – M. Mahmudzoda, judges of the constitutional Court of the Republic of Tajikistan – Abdullozoda L., Gulzor M., Hoshimzoda D. represented the Constitutional Court of the Republic of Tajikistan.

This international event was held at the initiative of the Venice Commission of the Council of Europe in the building of the Council of Europe, which was also attended by representatives of constitutional courts of Kazakhstan, Kyrgyzstan, Uzbekistan, as well as representatives of the constitutional courts of Armenia, Japan and Croatia who delivered presentations.

During the event, the President of the Venice Commission of the Council of Europe Mr. Gianni Bukikio praised the great contribution of the President of the Republic of Tajikistan in the development and improvement of the activities of the constitutional Court of the Republic of Tajikistan.

In general the issues concerning the role of constitutional review in ensuring the supremacy of the Constitution, the implementation of the principle of separation of powers and methods of implementation of provisions of the Constitution in the exercise of constitutional justice in different countries, as well as other topical issues of the sphere of the constitutional control were discussed in the framework of this event.

Contribution to the conference was made by the Chairman of the constitutional Court of the Republic of Tajikistan – M. Mahmudzoda on "the Role of the constitutional Court of the Republic of Tajikistan in strengthening of the constitutional legality" and judges of the constitutional Court of the Republic of Tajikistan – Hoshimzada D. on the topic "Constitutional Court and the principle of separation of powers in Tajikistan".

 

 

In October 21 -22, 2015 in honor of 20th Anniversary of Constitutional Court of the Republic of Uzbekistan took place the International Conference in the city of Tashkent, on the theme: "The Role of the Constitutional Court within the implementation of separation of branches’ powers’ principle and human rights’ protection: the experience of Uzbekistan and foreign countries", where participated the representatives of constitutional control bodies of different countries.

At this international event, the Constitutional Court of the Republic of Tajikistan was presented by the judges of Constitutional Court: Mrs. Gulzorova M. M. and Hoshimzoda D. D.

During the work of conference were discussed topics regarding the theoretical and practical role of the body of constitutional control in the implementation of the principle of separation of powers, strengthening of independence’s judicial power, control over the constitutionality of legally normative acts of legislative and executive powers, the role of Constitutional Court in human rights and freedoms’ protection, as well as other actual issues in the sphere of constitutional control.

 

 


 





On the 8th-10th of October, 2015 in order to participate in the International conference "The Role of constitutional courts in strengthening the independence of the judiciary. Doctrinal approaches and contemporary challenges" devoted to the 20th anniversary of the adoption of the Constitution of the Republic of Armenia and the 20th anniversary of the founding of the constitutional Court of Armenia a business trip of Chairman of the constitutional Court of the Republic of Tajikistan M. Mahmoodzada and judges of the constitutional Court D. Hashimzada to the city of Yerevan was held.

The representatives of bodies of the constitutional control of more than twenty countries, in particular the Russian Federation, Algeria, Bulgaria, Georgia, Israel, Latvia, Lithuania, Macedonia, Egypt, Moldova, Mongolia, Poland, Serbia, Kazakhstan, Kyrgyzstan, Croatia, Czech Republic, Thailand, Kingdom of Belgium and other States, President of the Venice Commission of the Council of Europe, as well as representatives of state authorities of the Republic of Armenia contributed to the work of this conference conducted on the international level by participating and delivering presentations on related issues.

In the conference there were raised and discussed questions about the theoretical and practical roles of bodies of the constitutional control in strengthening the independence of the judiciary in different countries, the importance of the decisions of constitutional courts in safeguarding the principle of judicial independence, the role of the constitutional control in the development of the legal state, as well as other topical issues of constitutional review aimed at implementation of the principle of separation of powers and the unhindered exercise of constitutional rights and freedoms of citizens.

During the conference, the President of the constitutional Court of the Republic of Tajikistan M. Mahmoodzada in his speech: "The Role of constitutional review in the development of a legal state", noted the role and significance of constitutional review in Tajikistan and its solutions in provision of constitutional legality.

In the framework of the working visit the meeting of Chairman of the constitutional Court of the Republic of Tajikistan with President of the Venice Commission of the Council of Europe, the presidents and judges of constitutional Courts of the Republic of Armenia, Algeria, Belgium, Latvia, Lithuania, Moldova, Kyrgyzstan, Kazakhstan, Slovakia, Georgia, the Russian Federation, and also representatives of bodies of the constitutional control of other countries took place, during which they discussed issues concerning bilateral relations.

Accordingly to the decision of the constitutional Court of the Republic of Armenia the President of the constitutional Court of the Republic of Tajikistan was awarded the Golden medal of the constitutional Court of the Republic of Armenia for a worthy contribution to the development of the organ of the constitutional control, the development of international relations and active participation in the activities of the Conference of constitutional control organs of countries of new democracy.

 

 

 

 

 

LIST

Of invited participants to the International Conference "Constitutional Justice - as guarantee of supremacy of the Constitution", devoted to 20th ANNIVERSARY OF THE FORMATION of CONSTITUTIONAL COURT OF THE REPUBLIC OF TAJIKISTAN


 

Representatives of the constitutional control’s bodies of

Foreign countries and international organizations

(17-18 September 2015)


1. Harutyunyan Gagik Garushevich - Chairman of the Constitutional Court of the Republic of Armenia

2. Thorgeirsdottir Herdis– Vice-President of the Venice Commission of the Council of Europe

3. Kasymaliev Mukambet Shadykanovich – Chairman of the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic

4. Anwar Usman – Deputy Chief of the Constitutional Court of the Republic of Indonesia

5. Bondar Nikolay Semenovich – Judge of the Constitutional Court of the Russian Federation

6. Kleandrov Mikhail Ivanovich – Judge of the Constitutional Court of the Russian Federation

7. Tsaliev Alexander Mikhaylovich – Chairman of the Constitutional Court of Northern Ossetia-Alania of the Russian Federation

8. Nurmagambetov Amanjol Magzumovich – Member of the Constitutional Council of the Republic of Kazakhstan

9. Kutris Gunars - Member of the Seims of the Republic of Latvia

10. Minea Stefan Mirsea – Judge of the Constitutional Court of Romania

11. Morar Daniel Marius – Judge of the Constitutional Court of Romania

12. Puskas Valentin Zoltan – Judge of the Constitutional Court of Romania

13. Gokcan Hasan Tahsin– Constitutional Court of the Republic of Turkey

14. Bazarov Uzak –Judge of the Constitutional Court of the Republic of Uzbekistan

15. Karpovich Natallia Aleksandrovna – Judge of the Constitutional Court of Republic of Belarus

16. Cho Yongho – Judge of the Constitutional Court of the Republic of Korea

17. Hovhannisyan Volodya –Member of the Constitutional Court of the Republic of Armenia

18. Osmonova Cholpon Omokovna –Judge of the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic

19. Avakyan Suren Adibekovich –Head of the department of constitutional Law of the law faculty at MSU named after M.V. Lomonosov

20. Otto Luchterhandt – Professor of the Hamburg University of the Federal Republic of Germany

21. Arshinta Fitri Diyani –Head Sub Division of Justice’s administration

22. Fajar LaksonoResearcher

23. Yamli Mehmet Sadik – Rapporteur Judge of the Constitutional Court of the Republic of Turkey

24. Song Chang Sung –Judge-researcher of the Constitutional Court of the Republic of Korea

25. Masalbekov Kanybek –Head of international department of the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic

26. Raican Oana –Counselor Head of the President office of the Constitutional Court of Romania

27. Costinescu Mihaela Senia – Assistant-magistrate-in-Chief of the Constitutional Court of Romania

28. Badyulya Andrei Stepanovich - Chief specialist of the Secretariat of the Constitutional Court of Republic of Belarus

 

 

 

Opening speech by M. Mahmudzoda, the President of the Constitutional Court of the Republic of Tajikistan, at the International Conference dedicated to the 20th anniversary of the Constitutional Court of the Republic of Tajikistan


 

His Excellency, Mr. President of the Republic of Tajikistan!

Dear participants of the international conference!

Ladies and Gentlemen!


It is a great honor for us that the President of Tajikistan, Emomali Rahmon, is present at today's meeting and we welcome the participation of His Excellency at today's international events.

It should be noted, that today's event dedicated to the 20th anniversary of the Constitutional Court of the Republic of Tajikistan is held in a free atmosphere which became possible due to solidarity and the full support of the President of the Republic of Tajikistan.

Therefore, with heartfelt sincerity and with great respect to His Excellency on the behalf of the Constitutional Court of the Republic of Tajikistan we express appreciation and gratitude for the assistance and support of the international conference and participation in its work.

The President of the Republic of Tajikistan, as the Leader of the nation has made a great contribution to the consolidation of peace and national unity, protection of the unity and territorial integrity, political stability and the integration of society, continuity and durability of democracy and the rule of law, the adoption of the first Constitution of the independent state, improvement of the legal framework of the country, and implementation of an effective system of public authorities, and introduced Tajikistan to the international political arena as a peace-loving country.

And it was an initiative and full support of His Excellency, who is the founder of the Constitutional Court of the Republic of Tajikistan, the idea of the institute of the constitutional control at the level of the first Constitution of independent and free Tajikistan acquired constitutional importance and thus this body began its steady activity in our democracy.

Improving the legal framework of the Constitutional Court contributed to the fact that in the short period of its activity, this body has taken a lot of efforts to strengthen the constitutional legality and the rule of law in the country, find effective ways and methods of international co-operation with the bodies of constitutional control of many foreign states.

The Constitutional Court of the Republic of Tajikistan is accepted as a full member of the World Conference of constitutional control bodies, the Conference of Constitutional Control Organs of the new democracies, as well as the Association of Asia and equivalent institutions that combine the constitutional control bodies of more than a hundred different countries. Representatives of the Constitutional Court of Tajikistan actively participate in the international events of these organizations.

The Constitutional Court of the Republic of Tajikistan appreciates constant attention and support of the President of the country Emomali Rahmon, and will direct all its efforts to strengthen the foundations of democracy and the rule of law in this field through the execution of their respective functions and professional responsibilities using all his experience and knowledge, and professional potential.

Dear guests!

It is gratifying that today's event is attended by Vice-President of the Venice Commission for Democracy through Law of the Council of Europe - Ms Herdis Kzherulf, Chairman of the Constitutional Court of the Republic of Armenia, Chairman of the Conference of Constitutional Control Organs of the new democracies – Harutyunyan Gagik Garushevich, Chairmen and judges of the constitutional courts of the Republic of Belarus, Indonesia, Kazakhstan, Kyrgyzstan, Republic of Korea, Latvia, the Federal Republic of Germany, the Russian Federation, Romania, Turkey and Uzbekistan, the Head and members of the Program "Promoting rule of law in Central Asian countries", public figures and scholars on constitutional law of foreign countries.

The conference was also attended by the heads and other officials of the Executive Office of the President of the Republic of Tajikistan, committee chairmen and deputies of the Parliament, leaders and judges of the Constitutional Court, Supreme Court, Supreme Economic Court, the General Prosecutor's Office, heads and representatives of ministries and departments, representatives of higher education institutions, prominent scientists, lawyers, and representatives of the media who I would like to thank for accepting our invitation and maintaining mutual cooperation.

Dear guests!

Now we would like to respectfully ask His Excellency Emomali Rahmon to open today's international conference.

Please, His Excellency.

 

 

 

Participation in the International conference dedicated to the 20th anniversary of formation of Constitutional Court of the Republic of Tajikistan



Distinguished participants!

Esteemed guests!

Ladies and Gentlemen!


At the outset, I would like to welcome our distinguished guests, who have come to participate in the International Conference on the oConstitutional Courtasion of the 20th anniversary of establishment of the Tajik Constitutional Court.

I believe that after visiting perpetual Tajikistan and getting familiar with longstanding history and rich culture of ancient Tajik nation, our esteemed guests will return to their countries with good impression.

Distinguished participants!

Though statehood and governance traditions of the Tajik nation go back to the third millennium B.C., state independence of the Republic of Tajikistan, which our nation achieved at the end of the 20th century, has become a great political and social break transformation point in the history of Tajik people.

The human history proves that adoption of a document and declaration of independence is not the end of story for any nation.

This process requires starting large-scale vital political, economic, social, cultural and legal transformations, which should reflect the rich history, culture, language, customs, traditions and values of any nation in combination with general humane values.

It was the strong will and dedication of Tajikistan’s people to their inherited land and state independence, thanks to which this historical phase became a constructive power and laid the firm foundation of a national state in the country.

Constitutional reforms and adoption of the Constitution of independent Tajikistan via referendum was one of the historical commitments in the initial phase of the Tajik state and public independence, which was implemented on November 6, 1994.

Constitution of the independent Tajikistan, which the first time is adopted through referendum in the constitutionalism experience of Tajikistan, reflects will of Tajik people and its major feature is that it is a national document.

In the Constitution, the people of Tajikistan declared themselves as an integral part of the world community, which also shows the ancient civilization and culture of the Tajik people, and at the same time, alongside with enriching national values, it also reflects the dedication of the Tajik state and nation to globally recognized humane values.

The Constitution is also a state recorded thinking, which reflects main and strategic aspects of national governance, joint liability of the public and authorities in establishment of social and civil society, uniting the interests of all segments of population and social groups and achievement of national objectives and it is the greatest political and social source.

Our Constitution pays a special attention to arranging and establishing the government based on its division into legislator, executive and judicial branches, and the procedure of establishment and operation of the supreme authorities is regulated aConstitutional Courtording to the principle of check and balance between them.

The theory of division of governance, which was known still at the Ancient Rome Empire, and later was applied as the main governance principles in the constitution of the majority of democratic states, was alien in the history of governance of tajik people in terms of state management even in the soviet legal system.

Distinguished friends!

It is not occasional that the Constitution pays a special attention to the role and status of the judicial power in Tajikistan, particularly in the Constitutional Court.

First and foremost, constitutional supervision authorities have a special status in the public administration and judiciary systems of all civilized countries, and it would be not reasonable to talk about the fair principle of checks and balances without such an authority.

Secondly, establishment of the Constitutional Court of the Republic of Tajikistan shows that Tajikistan is a democratic and law-based country and availability of such an authority practically means the objective of the state and nation in terms of creation of a fair society.

In its turn, it is impossible to imagine creation of a fair society without independent, authorized and law-based judiciary, particularly constitutional supervision authority.

In addition to this, the Constitution recognizes human rights and freedom as the highest value has led to establishment of constitutional supervision authority in the governance and judiciary systems of the country.

Via its preventive function, the Constitutional Court supervises the most important state and its authorities’ function, that is their norm development activities and annuls any legal and regulatory document contradicting the Constitution and thereby ensures protection of constitutional human and citizen’s rights and freedom foreseen in international documents and the country’s Constitution.

In this regard, I would like to outline that while developing the draft Constitution there were also some persons, according to whom establishment, existence and operation of constitutional supervision authorities would not be realistic and they thought this idea was not well grounded.

However, as the head of the state, I paid a serious attention to the establishment and operation of a specialized constitutional supervision authority in the country for objective reasons.

For instance, the chaos of 1990-1992 in the country , including ignoring the acting constitution and ten amendments and additions included into Tajikistan’s Constitution by the Supreme Board of the country in 1992 only, illegal overthrow of two presidents and five governments, which led the country to civil war, was a historical lesson for me personally.

Therefore, constitutional supervision authority was foreseen as a specialized authority, i.e. Constitutional Court in Tajikistan’s Constitution and the documents adopted by this authority were fully recognized.

Further improvement of authorities and competence of the Constitutional Court is directly related to the President’s Address to the Parliament on April 20, 2006 and adoption of Judicial and Legal Reform Program for 2007-2010 based on this Address.

This Program envisaged that the Constitutional Court’s authorities should be improved by granting it with functions on provision of opinion regarding the draft amendments and additions to be included into the Constitution as well as draft laws, and other issues to be addressed via public referendum, so that the draft amendments and additions to be included into the Constitution and the issues to be proposed for public referendum are in line with main principles and values of the Constitution.

The Constitutional Court’s documents are of high value for the protection of the country’s constitutional structure principals, human and citizen rights and freedom, interests of the state, organizations and institutions, legitimacy, social justice and legal order.

The Constitutional Court’s activities is closely related to the norm development activities of governmental agencies, particularly legislator authorities. This is the reason, based on decisions and rulings of the Constitutional Court tens of legal documents are brought in line with the supreme objectives of the Constitution – indefeasibility of human and citizen rights and freedoms.

According to the Judicial-Legal Reform for 2007-2010 the legislation identified a wide list of entities, which have the right to apply to the Constitutional Courtand even the world’s advanced countries do not have such a list.

Our objective from this initiative, is first and foremost, full elimination of contradictions in the legislation and bringing legal and regulatory documents in line with the country’s Constitution, and further the national legislation in line with advanced international norms on protection of human rights.

With this regard, I would like to emphasize that the state request the entities, which have the right to apply to the Constitutional Court, to have more serious and proactive approach to further improve the country’s legislation.

It is also necessary to further improve the Constitutional Court activities as an integral part of the state and judicial authority regarding the advancement of the state and society, strengthening of democratic principals of the constitutional regime, enhancing importance of protection of citizen and human rights and freedom and aConstitutional Courtess of citizens to court.

Distinguished friends!

In the process of implementation of the Judicial and Legal Reform Program for 2011-2013, new Constitutional Law “On Constitutional Court of the Republic of Tajikistan” was developed by taking into aConstitutional Courtount the international experience in terms of activities of this entity, which was passed by the Parliament last year.

This law envisages new provisions aimed at enhancing authorities of the Constitutional Court and its procedural activities, aConstitutional Courtess of subjects of law, first and foremost citizens to constitutional justice as well as protection of citizen and human rights and freedom and we believe that the Constitutional Court activities will be further improved based on this document and it will be implementing its major task, that is ensuring rule and practical implementation of the Constitution for the sake of strengthening of a law-based and democratic state foundation.

The judicial and legal reform is ongoing in the country these days. Judicial and Legal Reform for 2015 -2017 and PoA for its implementation was adopted by the Decree of the country’s President dated January 5, 2015.

There is no doubt that via implementation of this program the tasks of the judiciary will be further improved, the judiciary will be more independent and powerful, its professionalism will enhance, and it will be provided with highly qualified and competent lawyers and relevant measures will be undertaken for professional development of the judiciary staff.

Also, pecuniary and physical infrastructure resources of courts and judges, including their social situation will be improved every year.

Esteemed friends!

The recent years proved the state’s right policy on development of judiciary, including the country’s Constitutional Court in protection of citizen and human rights and freedom, supreme interests of the society and the state in establishment of a really democratic and law-based, social and fair society.

Via the state’s leadership and the Gov active policy legislation on judiciary has been improved, judicial reform programs have been adopted and implemented, and pecuniary and social resources of courts and judges have been improved and the Constitutional Court has been playing a significant role in development of democratic institutions and establishment of a democratic society.

The timebeing requires that the judicial authorities’ activities should meet the interests of citizens, society and state.

The Government will undertake all necessary measures for further improvement of judiciary and its role in the society.

In its turn, the judiciary staff have to work hard, behave honestly and constructively in order to deserve the society’s trust in the judicial sector.

I would like to avail this opportunity and extend my congratulations to all judges and the Constitutional Court staff members, as well as all staff of the country’s judiciary on the oConstitutional Courtasion of the 20th anniversary of the Constitutional Court and will all of them suConstitutional Courtess in implementation of their major task on protection of the Constitution and citizen and human rights and freedom, interests of society and the state.

I also wish good luck to the Conference and our distinguished guests to enjoy their stay in Tajikistan.

Thank you very much indeed for your kind attention!

 

 

 

Participation in the International conference dedicated to the 20th anniversary of formation of Constitutional Court of the Republic of Tajikistan


International conference dedicated to the 20th Anniversary of formation of Constitutional Court of the Republic of Tajikistan today under the name of "Constitutional Justice as a Guarantee of supremacy of Constitution” was held at the country’s City residence of the Government with the participation of the President of Tajikistan Emomali Rahmon.
The International conference started by welcoming and opening speech of the Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda and then congratulations word was handed over to President of the country Emomali Rahmon.
Head of the State, especially, welcomed the foreign guests and congratulated employees and veterans of the judiciary, particularly the Constitutional Court of the Republic of Tajikistan, on the 20th Anniversary of that historical date.
President Emomali Rahmon, recalling the more than five thousand years of history of the Tajiks, said that despite this, the state independence of the Republic of Tajikistan acquired in late XX century, which in the fate of our people has fueled radical socio-political transformation and change.
The Head of State, recalling the numerous difficulties and harsh conditions of the first years of independence of Tajikistan, said that the declaration of independence for all people and nations is only the beginning of the way and work.
It was noted with satisfaction that over the years the country's leadership, and our glorious nation, and many have experienced severe difficulties young Tajik saved from destruction by sending him on the path of improvement, creation and construction of a modern civilized society.
President Emomali Rahmon noted the key and a very important role of the Constitution and the Constitutional Court in the process of building a democratic, legal, secular, unitary and social Tajikistan.
In the introductory part of the conference were also made speeches by the Vice-President of the European Commission for Democracy through Law of the Council of Europe (Venice Commission), the chairman of the Conference of Constitutional Control Organs of the new democracies, the chairman of the Constitutional Court of Armenia Gagik Harutyunyan, the deputy chairman of the Constitutional Court of Indonesia Anwar Usman and the judge of the Constitutional Court of Russian Federation Nikolay Bondar, Chairman of the Supreme Court of Tajikistan Shermuhammad Shohiyon and First Deputy Minister of Foreign Affairs of the Republic of Tajikistan Rahmon Ozoda Emomali.
The work of the conference was also attended by the chairmen and judges of the constitutional courts of Armenia, Belarus, Kazakhstan, Kyrgyzstan, Latvia, the Republic of Korea, Federal Republic of Germany, the Russian Federation, Romania, Turkey and Uzbekistan, as well as heads and officials of the Presidential Administration of the Republic of Tajikistan, deputies of the Parliament, the central leaders and the judges of the judiciary, heads of ministries, departments and other officials.



 
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