10:59:50 - 26.04.2017

News of Constitutional Court of the Republic of Tajikistan

September 17-18, 2015 in honor of the 20th anniversary of the Constitutional Court of the Republic of Tajikistan in Dushanbe the International Conference on "Constitutional Justice as a guarantee of supremacy of the Constitution." with participation of the Tajik President Emomali Rahmon was held.

At the beginning of this international event the Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda underlined the vital role of the President of the Republic of Tajikistan and his support to the development of the body of constitutional review, after the opening of the international conference, the word was given to the Head of State.

In his speech, the President of Tajikistan Emomali Rahmon said that the state independence of the Republic of Tajikistan has played a special role in the development and strengthening of the statehood of the Republic of Tajikistan, the adoption of the first Constitution of the independent country, the formation of the government, including the judiciary on the basis of the principle of separate branches of power. The President also noted that the system of government, including the judiciary authority in the form of constitutional review the Constitutional Court indicates the supremacy of the Constitution, its principles and norms in Tajikistan and the need for their protection and praised the work of the Constitutional Court.

The conference was attended by the 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, Uzbekistan, heads and representatives of the Program "Promoting rule of law in Central Asian countries", public figures and scholars in constitutional law of foreign countries.

Also, the conference was attended by 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.

During the conference the most important issues related to the Constitution and constitutionalism, the activities of the body of constitutional control for the protection of the rights and freedoms of citizens, the execution of the decisions of the constitutional courts, the place of the Constitutional Court in the judiciary, the constitutional review as a means of ensuring the supremacy of the Constitution, ensuring the constitutionality of legal guarantees human rights and freedoms, and other issues related to constitutional and legal process were discussed.

 

 

 

From 14th to 18th August 2015 with an aim of clarifying the Message of the President of the Tajik Republic to Parliament, of preaching the values of independence and the role of National Unity in strengthening the peace and political stability, and also to enhance the sense of self-awareness among citizens, especially among the youth generation of the country in order to reduce factors that make citizens to bow to extremist and terrorist flow. Also, in order to prevent unnecessary costs during the celebrations and activities, the working group took a trip to Dangara district of Khatlon region.

The working group also included a judge of the Constitutional Court of the Republic of Tajikistan - D. Hoshimzoda.

 

On June 15th -17th, 2015 in Geneva, took place the Eighth Meeting of the Working Group on access to justice, where participated more than thirty representatives of the members of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention).

The Constitutional Court of the Republic of Tajikistan was presentedin at  this important international event  by a  judge of Constitutional Court, Mr. Hoshimzoda D.D.

Within the framework of  this event, it were discussed the issues concerning to necessity  of  cooperation's development among  judicial  bodies of  States Parties to the Convention in the shpere of implementation of the judicial  justice on matters related to the environment, the creation of  network  cooperation among judicial bodies, as well as were  discussed issues related  to access to justice and information concerning to the environment.

 

On  May 28th, 2015 in  the  Constitutional Court of the Republic of Tajikistan, under the presidency of the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahmudzoda M. A. was held a hearing by the petition of the General Director of the closed joint-stock company “Babilon-Mobile", Mr. Faizulloev B. H. "On determination of the compliance of paragraph 7 of the provisions on calculation of the cost of goods (works, services) in enterprises and organizations of the Republic of Tajikistan, approved by the resolution of Government of the Republic of Tajikistan from May 12th, 1999 under №210, compliance to articles 12, 32 and 45 of Constitution of the Republic of Tajikistan". In consideration of this issue, the following representatives took part: authorized representatives of Majlisi Oli and the Office of the President of the Republic of Tajikistan, representatives of the Ministry of Justice, Supreme Court, Supreme Economic Court, the General Prosecutor's Office, the Council of Justice and as well as the representatives of Tax Committee under the Government of the Republic of Tajikistan.

The Constitutional Court of the Republic of Tajikistan, having comprehensively considered the submitted petition, and noted that the provision of the guarantee’s realization of freedom of economic and business activity, equality and legal protection of all forms of ownership, including private, as well as the provision’s enforcement of obligation to pay taxes and fees, determined by laws and provided in articles 12, 32 and 45 of Constitution of the Republic of Tajikistan and in other legal normative acts, is considered as one of the most important tasks of the welfare state. The payment of tax into the budget is directed to promotion of political, economic and socio-cultural issues of the state, to the development of various spheres of the national economy and improving of the welfare level of state’s citizens, the execution of which, providing by various legal ways, found its comprehensive regulation in the Tax Code of the Republic of Tajikistan, in laws and in other normative legal acts of the tax sphere.

The resolution on the calculation of the cost of goods (works, services) in enterprises and in organizations of the Republic of Tajikistan as a normative act relates to the system of legal acts of the tax sphere, and is not an act, establishing the taxes or tax liability, and is an act, determining the actual reasonable cost of production (works, services), and from a legal point of view, cannot be explained in another meaning or value. On this bases, by the decision of  Constitutional Court of the Republic of Tajikistan, the paragraph 7 of the Resolution on calculation of the cost of productions (works, services) in enterprises and in organizations of the Republic of Tajikistan, approved by the decree of the Government of the Republic of Tajikistan from May 12th, 1999 under №210, was found to comply with articles 12, 32 and 45 of Constitution of the Republic of Tajikistan.

 

On May 22th, 2015, in the Constitutional Court of the Republic of Tajikistan, under the presidency of the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahmudzoda M. A. was held a hearing by the petition of a citizen, Mrs. F. Mullodjonovoy "On determination of compliance of part 2 of article 197 of the Procedural Code on administrative offences of the Republic of Tajikistan, and their compliance to article 14, paragraph 1 of article 17 and part 1 of article 19 of the Constitution. In consideration of this issue, the following representatives participated - representatives of the Majlisi Namoyandagon of Majlisi Oli (Parliament), the representatives of the Supreme Court, representatives of the General Prosecutor's Office, the Council of Justice, the Ministry of Justice, Ministry of Internal Affairs, the representatives of the Agency for State control and the fight against corruption, as well as the Commissioner for Human Rights in the Republic of Tajikistan. The Constitutional Court of the Republic of Tajikistan thoroughly analyzed and considered the petition in relation to the provision of the Constitution, international legal acts and other regulations, as well as in accordance with judicial practice, and notes that in the system of constitutional rights and freedoms of human and citizens, the rights for judicial protection’s guarantee, as well as the right for the honor and dignity of human occupies a special place.

Such guarantee is based on the features of a democratic, legal and social state, that Tajikistan is as such, where a person, his rights and freedoms are recognized as a supreme value at the level of Constitution, and in its turn, is also an essential mean of ensuring of citizens' access to fair justice. In this connection, the Constitutional Court of the Republic of Tajikistan not defined restrictions or limitations of the rights to judicial protection, as well as honor and dignity in the provisions of part 2 of article 197 of Procedural Code on administrative offences of the Republic of Tajikistan, the determination’s compliance of the article 14, paragraph 1 of article 17 and part 1 of article 19 of the Constitution, which was the subject of the dispute on complaint. The norms of part 2 of article 197 of Procedural Code on administrative offences of the Republic of Tajikistan are the general norms, determining renewal base of proceedings on the case of administrative offense in view of newly discovered facts. For this reason, the Constitutional Court of the Republic of Tajikistan recognized the relevant provisions of part 2 of article 197 of Procedural Code on administrative offences of the Republic of Tajikistan, corresponding to article 14, paragraph 1 of article 17 and to part 1 of article 19 of the Constitution.

At the same time, with the aim of further development of the circumstances, which are grounds for resumption of proceeding on the case of administrative offenses, the Constitutional Court of the Republic of Tajikistan considered rational to review by the Majlisi Oli of the Republic of Tajikistan and the Government of the Republic of Tajikistan the part 2 of article 197 of Procedural Code on administrative offences of the Republic of Tajikistan.

 

On May 8th, 2015 in honor of the 70th anniversary of Victory Day in the Great Patriotic War, the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudzoda and the judge of Constitutional Court, Mrs. Gulzorova M. M. visited the participant of Great Patriotic War, Mr. Rozikov Sh. The Chairman of Constitutional Court,  Mr. Mahkam Mahmudzoda on behalf of the team of Constitutional Court congratulated the veteran-participant of the Great Patriotic War, and wished to him good health and well-being. By the representative of Constitutional Court of the Republic of Tajikistan was also provided financial assistance to participant of the Great Patriotic War.

 

On   May 5th, 2015, Gulzoda A. A. was appointed Chief of the apparatus of  Constitutional Court of the Republic of Tajikistan by decree of the Chairman of Constitutional Court of the Republic of Tajikistan.

Gulzoda  Abdumadjid  Abdukhamid  born on August 20th, 1981 in Dushanbe city. He  has  tajik  nationality and has higher education. In 2003, he  graduated from the law faculty of the Tajik  National University with specialty of  international lawyer. From 2003 till 2009 years, he worked in the airline of "Tajik Air" as an engineer- declarant, as an engineer of aviation and technical complex and as an engineer for clearance  of customs  cargos. From 2009 till 2010 years, he worked as a legal counsel in the organization of "Law and patronage".  From 2010 till 2015, he worked as a leading specialist for foreign relations and as a head of the general department of state service of Constitutional Court of the Republic of Tajikistan. He has the rank of counselor of justice of  the 3rd class.

 

On April 17th, 2015 at the first session of Madjlisi milli Madjlisi Oli of the Republic of Tajikistan of the fifth convocation, by the suggestion (or submission) of President of the Republic of Tajikistan, H.E. Mr. Emomali Rahmon,  were made personnel changes into the composition of the Constitutional Court of the Republic of Tajikistan. Thus, by decisions of Madjlisi milli Madjlisi Oli,  Karimzod Karim Maziё  withdrawn from the post of judge of  Constitutional Court of the Republic of Tajikistan and elected as a Vice-Chairman of  Constitutional Court of the Republic of Tajikistan. Due to reaching of retirement age, Mr. Abdulloev Abdullodjon Abdurahmonovich wothdrawn from the post of judge of  Constitutional Court of the Republic of Tajikistan. And Hoshimzoda Davron Dododjon elected for the post of judge of Constitutional Court of the Republic of Tajikistan.

 

March 20, 2015 in the courtroom of Constitutional Court of the Republic of Tajikistan, in the honor of celebration of international holiday - Navruz  took  place a solemn meeting  with involvement of  judges and staff of Constitutional Court of the Republic of Tajikistan. During the meeting, the Chairman of Constitutional Court of the Republic of Tajikistan, Mr . Mahkam  Mahmudzoda congratulated the audience with that significant holiday - Nowruz, and noted that due to the wise policy of the President of Tajikistan,  H.E. Mr. Emomali Rakhmon, the holiday - Navruz gained an international importance and as the spring holiday  is celebrated in our country and in other countries at  a high level.

 

On March 7, 2015 in the honor of Mother's Day, its celebration as a national holiday, took place a solemn meeting in the courtroom of the Constitutional Court of the Republic of Tajikistan with the participation of judges and staff of Constitutional Court of the Republic of Tajikistan.
During the meeting, the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudzoda congratulated women of Constitutional Court on the occasion of holiday (Mother’s Day) and noted that due to the wise initiative of the President of the Republic of Tajikistan, H/E. Mr. Emomali Rahmon, the Mother's Day is celebrated in our country, at the highest level and is an evidence of a deep respect to women - mothers of our society.

 

On February 12, 2015 took place a meeting in the courtroom of the Constitutional Court of the Republic of Tajikistan with the aim of explanation of the Message of the President of the Republic of Tajikistan to Majlisi Oli dated by 23rd of January 2015, and with the participation of judges, the staff of the Constitutional Court of the Republic of Tajikistan and the graduates of the law faculty of the Tajik National University. At the beginning of the meeting, Mr. Mahkam Mahmudzoda, a Chairman of the Constitutional Court of the Republic of Tajikistan, while delivering a welcome speech, particularly noted that the Message of the President of the Republic of Tajikistan, as a strategic document is an important one every year, and due to fulfilling set out objectives, the most important questions of society find decisions and is provided the stable development of country’s economic system. . It is approved by government’s resolution of Tajikistan from January 31, 2015, under №35 an "action plan for the implementation of the tasks specified in the President’s Message, addressed to Majlisi Oli (Parliament) of the Republic of Tajikistan, dated by 23rd of January 2015". The given resolution consists of 74 items and involves the implementation of necessary measures. With the goal of fulfilling the tasks set forth in the President’s Message of the Republic of Tajikistan that was addressed to Parliament, Constitutional Court of the Republic of Tajikistan had developed and approved a plan of activities, on the basis of which, the staff of the Constitutional Court are planning a number of measures to carry out. . With the aim of the explanation the content and the essence of the President’s Message to parliament, Mr. Karimov K. M - judge secretary of the Constitutional Court and Mr. Hoshimzoda D. D. - Chief of the Apparatus of the given Court delivered presentations at the meeting.

On February 12, 2015 took place a meeting in the courtroom of the Constitutional Court of the Republic of Tajikistan with the aim of explanation of the Message of the President of the Republic of Tajikistan to Majlisi Oli dated by 23rd of January 2015, and with the participation of judges, the staff of the Constitutional Court of the Republic of Tajikistan and the graduates of the law faculty of the Tajik National University. At the beginning of the meeting, Mr. Mahkam Mahmudzoda, a Chairman of the Constitutional Court of the Republic of Tajikistan, while delivering a welcome speech, particularly noted that the Message of the President of the Republic of Tajikistan, as a strategic document is an important one every year, and due to fulfilling set out objectives, the most important questions of society find decisions and is provided the stable development of country’s economic system. . It is approved by government’s resolution of Tajikistan from January 31, 2015, under №35 an

 
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