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.