14:22:36 - 17.10.2017

News of Constitutional Court of the Republic of Tajikistan

On September 26th, 2014 in the framework of execution of P.7 of the Plan of actions on celebration of 20th anniversary of Constitution, that was approved by the Government of the Republic of Tajikistan dated by March 3rd, 2014, under №163, it took place international conference on the topic: "The role of Constitution in the creation of a sovereign, democratic, legal, social, secular and unitary state" in the hall of the National Library of Tajikistan with the participation of representatives of various governmental bodies, scientists and experts in the sphere of law, representatives of the constitutional control bodies of foreign countries and international organization. In the course of this event of international level, the Chairman of the Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudzoda, making speech on the topic: "The role of the Constitution in the creation of a democratic, legal, secular and unitary state", noted about the historical significance of the Constitution as a valuable achievement of state independence and as a major politically-legal act in the formation of the modern statehood. In the work of conference, were participated other representatives making speech with presentations on the following themes: "The history of preparation and adoption of the Constitution," "The Constitution and constitutions of other countries of Central Asia: 20 years of history", "The Constitution and development of legislation", "Bases of constitutional application of international instruments" and other various topics. All of them marked the features of Constitution of the Republic of Tajikistan.

 

On September 16th -17th, 2014 was held an international seminar on the topic: "Constitutional law" in Helsinki (Finland) with the participation of representatives of constitutional control bodies and other state authorities of Kazakhstan, Kirgizstan, Uzbekistan and Tajikistan. In that seminar, the Constitutional Court of the Republic of Tajikistan was presented by its judges, Mr. Abdulloev A.A., Karimov K.M., and assistant to the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mustafokulov G. S.

During participation in the work of international workshop, the judge-secretary of Constitutional Court of the Republic of Tajikistan, Mr. Karimov K. M. made a speech with presentation on the theme: "Features of constitutional control in the Republic of Tajikistan" and familiarized the audience about the activity of constitutional control body of the state.

 

On September 6th - 9th, 2014, in honor of 20th anniversary of Constitution of the Republic of Moldova was held an international conference on the theme: "The role of constitutional justice in ensuring the rule of law" in Kishinev city with the participation of representatives of constitutional courts of the world. In this international conference, the Constitutional Court of the Republic of Tajikistan was presented by its judge, Mrs. Gulzorova M.M., the chief specialist on the work with cadres of general department and public service of Constitutional Court, Mr. Kholikov S. S.

During the conference, the participants of event discussed issues related to the role of the Constitution in the development of constitutional control body, the order of constitutional courts’ decisions’ execution, as well as other issues.

 

On September 8th, 2014 in honor of the 23rd anniversary of the State Independence of the Republic Tajikistan was held a solemn meeting in the courtroom of Constitutional Court of the Republic of Tajikistan with the participation of judges, retired judges and staff of the apparatus of Constitutional Court of the Republic of Tajikistan. Had delivered a welcoming speech, the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudzoda congratulated the audience with this momentous occasion and remarked that 23 years ago on the world map, had appeared a new independent state under the name of Tajikistan, that facilitated to further development of different social spheres of the state, as well as developed a sense of self-knowledge of citizens of the country.

For a short historical period, due to the efforts of President of the Republic of Tajikistan, H.E. Mr. Emomali Rahmon, the bases of independency were strengthened and thanks to policy of open-doors, were achieved high results in the development of international cooperation, which in its turn facilitated to enhancement of Tajikistan’s weight in an international arena. Today, each of us should be proud by state independency and direct all its efforts to further strengthening of bases.

 

From August 22nd till September 5th, 2014 in the framework of participation in a training course on the topic: "Principles of constitutional justice" was held a working visit of department’s head of legal support of judges of Constitutional Court, Nurlyaminova G.A. and the chief of general department of public service of Constitutional Court of the Republic of Tajikistan, Gulzoda A. A. to Ankara city (Turkey). That event was held under the initiative of Asian Association of constitutional courts and equivalent institutions. It was attended by representatives of constitutional courts of various countries, who made presentations regarding the activity of constitutional control bodies. During the course of the event, the representatives of Constitutional Court of the Republic of Tajikistan, also made speeches with reports, and had familiarized the participants of the training course about the activity of constitutional control's body of the Republic of Tajikistan.

 

On August 29th, 2014 on the occasion of 23rd anniversary’s celebration of state independence of the Republic of Tajikistan, in the State complex of "Kasri Millat" during the ceremony of state awards, the judge of Constitutional Court of the Republic of Tajikistan, Mr. Abdulloev Lutfullo Izatulloevich was awarded by the medal "Hizmati Shoista" by the President of the Republic of Tajikistan, H. E. Mr. Emomali Rahmon.

 

 

On June 26th- 29th, 2014 in honor of 20th anniversary of Constitutional Court of the Republic of Belarus, it was held an international conference on the topic: "Constitutional control: current trends of development and improvement" in Minsk, Republic of Belarus, with participation of representatives of constitutional courts of Armenia, Bulgaria, Chile, Georgia, Latvia, Kazakhstan, Azerbaijan, Russia and other countries. The Constitutional Court of the Republic of Tajikistan was presented in this international conference by a judge of Constitutional Court, Mr. Abdulloev L. I., who made a presentation on the topic: "Development of constitutional control in the Republic of Tajikistan". The participants of conference discussed issues relating to constitutional proceedings, forms and methods of implementation of the decisions of Constitutional Court, methods of constitutional courts’ activity on ensuring the supremacy of Constitution and protection of human and citizens rights and freedoms, as well as other issues.

 

 

From June 24th till 28th, 2014 with the aim of participation in the 13th meeting of Joint Council on constitutional justice and conference on the topic: "The role of constitutional courts during economic crisis" was held a working visit of Chief of the apparatus of Constitutional Court of the Republic of Tajikistan, Mr. Hoshimov D.D. to the city of Batumi, Georgia. During the work of the events took part representatives of more than forty countries and representatives of the Venice Commission of Council of Europe, where they discussed various issues related to the development of constitutional justice, improvement of normative legally acts in the field of constitutional control, the role of constitutional control bodies’ decisions during the economic crisis and there were addressed other issues.

 

On June 24th, 2014, under the presidency of the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahmudzoda M. A., the Constitutional Court of the Republic of Tajikistan conducted a hearing over the petition of the former chairman of the Association of Young Lawyers - "Amparo", Mrs. Samadova D.T. "On the determination of parts 1 and 3 of article 35, paragraphs 2 and 3 of part 1 and 2 of article 37 of the Law «On Public Associations" adopted on May 12th, 2007, under №258 and their compliance to articles 14, 28 and 30 of Constitution of Tajikistan. In considering of this issue, the following persons concerned had participated: authorized representatives of Parliament (Majlisi Milli of Majlisi Oli), the President’s Apparatus of the Republic of Tajikistan, representatives of the Supreme Court, the Prosecutor General's Office, the Council of Justice, the Ministry of Justice and Human Rights Ombudsman in the Republic of Tajikistan. The Constitutional Court of the Republic of Tajikistan, comprehensively had considered the question, that became the subject of dispute by the former chairman of the Association of Young Lawyers - "Amparo", Mrs. Samadova D.T., the Constitutional Court noted that in the Republic of Tajikistan associations are organized in the form of social organization, social movements, local community groups, and the right of citizens to association in them is carried out directly. This right, as well as other human and citizens rights and freedoms, is protected by legally normative acts, is observed by all governmental bodies and is provided by judiciary authority. This right creates the necessary legally-organizational conditions for raising the consciousness of citizens, for development of their creativity and participation in political, economic, social and cultural life of Tajikistan. Analysis of the petition submitted by Samadova D. T, showed that in the provision of parts 1 and 3 of article 35, paragraphs 2 and 3 of part 1 and 2 of article 37 of the Law "On Public Associations" are not revealed the circumstances that caused to the violation or restriction of rights of citizens to judicial protection, to the union in public organizations and freedom of expression. The indicated norms of article 35th and 37th of the aforementioned Law are general norms, determining the order of suspension, the basis for the elimination and prohibition of public associations, which on their general features are applicable to all public organizations that allow violations of the Law. Thus, the Constitutional Court of the Republic of Tajikistan considers the norms of parts 1 and 3 of article 35, paragraphs 2 and 3 of part 1 and 2 of article 37 of the Law "On Public Associations" relevant to articles 14, 28 and 30 of Constitution.

 

From 11th till 14th June of 2014, in accordance with the work plan of the Constitutional Court for 2014 and with the aim of explanation of Message of the President of the Republic of Tajikistan addressed to parliament (Majlisi Oli) from 23th of April 2014 and on the occasion of the historical role of Constitution in the formation of a democratic state, as well as by the reason of development of cooperation with local bodies of executive power, it was held a working visit of judge of Constitutional Court, Mrs. Gulzorova M. M. and chief specialist on work with cadres of general department and state service, Mrs. Holikova S. S. to districts of Roshtkala, Shugnan and to the city of Khorog, Gorno-Badakhshan Autonomous Oblast. During the visit, the representatives of Constitutional Court conducted meetings with representatives of the local authority of executive power, as well as with other subjects that appeal to Constitutional Court.

 

On June 10th, 2014, in honor of National Unity’s Day, in the courtroom of Constitutional Court of the Republic of Tajikistan was held a round table on the topic: "The Role of National Unity in the formation of the modern statehood", with participation of representatives of various governmental agencies, as well as with participation of former judges of Constitutional Court of the Republic of Tajikistan.  The Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudzoda making a welcoming speech at the beginning of the round table, congratulated the audience with the national holiday – National Unity, having for the history of our nation essential significance and laid the foundations for stable political situation and formation of newly modern statehood. During his speech, the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudzoda particularly marked that due to efforts of the President of the Republic of Tajikistan, H.E. Mr. Emomali Rahmon, it has been achieved peace and tranquility in our country, which in its turn laid the sustainable foundation for development of democratic and legal state.

Today, paying attention to the short period of the history of our state, one can see that our country achieved great successes in various fields, particularly in political, social, economic and cultural spheres. The participants of the round table having made a presentation with a report marked about the role of National Unity in the formation of newly modern statehood and development of state during the independency. In honor of National Unity, at the end of the round table, two workers of Apparatus of Constitutional Court of the Republic of Tajikistan were assigned class ranks.

 
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