17:19:06 - 24.09.2018

 

Founder of Peace and National Unity,

Leader of the Nation, President of the Republic of Tajikistan,

His Excellency Emomali Rahmon

 

News of Constitutional Court of the Republic of Tajikistan

From 4th till 7th December 2014, in the framework of international cooperation on exchange experiences and learning about the activity of Constitutional Court of Romania, it is organized a trip to Bucharest city with working visit of Tajikistan Constitutional Court’s representatives leading by Chairman of the Constitutional Court, Mr. Mahkam Mahmudzoda. During the given visit, representatives of the Working Group from Tajikistan Constitutional Court were familiarized with the body of constitutional control of Romania, and in its turn, the representatives of Tajikistan Constitutional Court provided information on the activity of Constitutional Court of the Republic of Tajikistan, which is directed to ensuring of supremacy and direct effect of the Constitution and protection of human and citizen’s rights and freedoms. As part of the working visit, between the Chairman of the Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudzoda and President of the Constitutional Court of Romania, Mr. Augustine Zegrean was signed a Memorandum of Cooperation of constitutional courts of the two friendly countries. This legal act gives to two sides an opportunity, in accordance with the national legislation of their states, to develop cooperation through the exchange of experience and information on legal and judicial acts relating to the activity of constitutional control body. For the recent years, the Constitutional Court of the Republic of Tajikistan also signed a memorandum of cooperation with the constitutional courts of Armenia, Turkey, Ukraine and the Russian Federation, the implementation of which promoted to improve the activities of that independent body of judiciary power as a new institution of a democratic state in ensuring the supremacy of the Constitution, as well as the protection of human and citizens’ rights and freedoms, not only within the country but also beyond it.

 

On November 24th, 2014 on the celebration’s occasion of Day of the National Flag of the Republic of Tajikistan 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 the Constitutional Court of the Republic of Tajikistan. Delivering with a welcoming speech, the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudzoda congratulated all presented with this significant national holiday and noted that the State flag as a national symbol is one of the greatest values ​​of independency and national pride of every citizen of country, the essence and the order of official utilization of which is established by the Law of the Republic of Tajikistan "On state symbols of the Republic of Tajikistan". During the solemn meeting, Mrs. Nurlyaminova G. A. – head of devision on legal support of judges, also has made a speech about the history and the order of official use of the State flag.

 

On November 13th, 2014, was held a hearing in the Constitutional Court under the presidency of the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahmudzoda M. A. on the petition of the Director of printing office of Isfara city, Mr. Abdulloev I. N. "about the determination of compliance of p. 2, article 12 and article 117 of the Law "On pension provision of citizens of the Republic of Tajikistan" to articles 11 and 39 of the Constitution. In considering of this issue, the following persons concerned had participated: authorized representatives of Parliament (Majlisi Milli of Majlisi Oli), the President’s Office 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, thoroughly considered the petition, is mentioning that in the system of basic human and civil rights provided by international legal instruments on human rights, as well as by Constitution of the country, the right to social provision has a special place. The right to social provision - is one of the ways of material and moral support of human and citizen for useful work carried out by a person during his/her labor activity for the benefit of society, state and for its needs. This right is also an important way of providing citizen’s life, fully or partially disabled and the opportunity to work and receive a profit from their labor, or deprived of his support for the trustee, by all means provided by the law.

Norms of p. 2 article 12 and article 17 of the mentioned Law, and its compliance with articles 12 and 39 of Constitution, the subject of which was the dispute issue of applicant, is not prohibitive or restrictive right to social provision, but on the contrary, this right is demanding, in accordance of which, the State provides the implementation of ordinal payments pensions’ preferential to citizens eligible to receive, taking into account the terms of pensions’ appointment established by article 11 of the Law of the Republic of Tajikistan "About pensions’ provision to citizens of the Republic of Tajikistan". Thus, refer to the provisions of p.2 article 12 and article 117 of the Law "About pensions’ provision to citizens of the Republic of Tajikistan", Constitutional Court of the Republic of Tajikistan has not determined violations or restrictions in regard to interests of printing office of Isfara city concerning freedom of economic activity and limitations of employees rights’ guarantees of that printing office, who have the rights for preferential pensions. Constitutional Court considers these articles relevant to articles 12 and 39 of Constitution.

 

On November 5th , 2014 in honor of 20th anniversary of state Constitution’s adoption took place a solemn meeting in the courtroom of the 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. Addressing with a welcoming speech, the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudzoda congratulated all presented with this national holiday and remarked that under the wise leadership of the President of the Republic of Tajikistan, H.E. Mr. Emomali Rahmon, adopted by referendum the state’s Constitution is the greatest achievement in the establishment of modern statehood that laid the legal foundation for the development of independent, democratic, legal, secular and social state, as well as its achievement of peace and solidarity in the country during the difficult political environment of 90th years of past century. At the end of solemn meeting, judges and the staff of the Constitutional Court of the Republic of Tajikistan were awarded by honorary diplomas, as well as by class and rating ranks for the fruitful activity/work and exemplary performance of professional duties.

 

On October 24th – 25th, 2014 took place the 19th International Conference on the theme: "The constitutional status of human dignity” in Yerevan (Republic of Armenia) with the participation of representatives of the constitutional courts of various countries and international organizations. The Constitutional Court of the Republic of Tajikistan was presented in this international conference by judges of the Constitutional Court of the Republic of Tajikistan, particularly by Abdulloev A. A., Karimov K.M., and by Chief of Apparatus of Constitutional Court, Hoshimzoda D. D.

During the work of International Conference, the judge of Constitutional Court of the Republic of Tajikistan, Mr. Karimov K.M made a presentation on the theme: "Constitutional justice, honor and dignity’s human and citizen’s protection” (by example of Tajikistan). As well as, he familiarized the presented with the activity of Constitutional Court of the country in the sphere of ensuring of supremacy of Constitution and protection of human dignity.

 

On October 17th, 2014 in honor of 20th anniversary of the adoption of the Constitution of the Republic of Tajikistan, took place an international scientific and practical conference on the theme: "The role of law in modern society: achievements and prospects" in the Russian-Tajik (Slavonic) University with the participation of representatives of various governmental agencies, academic institutions of the Russian Federation and the Republic of Kazakhstan, as well as with the participation of scientists and experts in the field of law.

During the holding of that event of international level, the Chairman of the Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudzoda, making a presentation on the topic "Constitutional justice as a guarantee of supremacy of the Constitution", noted about the role of the Constitutional Court of the Republic of Tajikistan as a body of exercising constitutional justice, which in its turn is a crucial factor in ensuring the supremacy and direct effect of Constitution. In the work of conference other participants as well made presentations on the following themes: "Prosecutorial supervision and independence of the judiciary power in the light of legal reform", "On the problem of legal regulation of the rights and freedoms of women in Tajikistan: marriage and family aspect", "Establishment of fundamental rights and freedoms of human and citizen in the Constitution of the Republic of Tajikistan", in which were remarked about the features of the Constitution.

 

On October 10th, 2014 on the occasion of celebration of 90th anniversary of justice, was held at the Ministry of Justice the International scientific and practical conference on the theme: "Development of Justice authority in the period of national independence and its role in the system of governmental management" with the participation of representatives of various governmental bodies, scientists and experts in the field of law, as well as representatives of international organizations. The Constitutional Court of the Republic of Tajikistan was presented at given event by judge Gulzorova M. M. and assistant of judge of the Constitutional Court Ghoibov P. M.

During the conducting of that event, the judge of Constitutional Court of the Republic of Tajikistan, Mrs. Gulzorova M. M. making a presentation on the topic: "The constitutional foundations of justice authority’s development in Tajikistan" noted about the role of justice system in implementation of legal policy of a democratic state.

 

On October 10th, 2014 in honor of 90th anniversary of Justice authority took place republican scientific and practical conference in the hall of the Tajikistan National Library with the participation of judiciary, representatives of other governmental authorities, as well as by involving of scientists in the field of law. During the event, the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudzoda, making a presentation on the topic: "The role of the constitutional control body in ensuring of supremacy of Constitution", highlighted about the history of foundation of Constitutional Court of Tajikistan as a democratic institution and its significance in the modern conditions of development of democratic state. In the work of conference, the following judges of Constitutional Court of the Republic Tajikistan, Abdulloev A. A. and Karimov K. M. took part as well.

 

From September 28th till October 1st, 2014 by the initiative of the World Conference on constitutional justice, an active member of which is also the Constitutional Court of the Republic of Tajikistan, was held a 3rd Congress of the World Conference on "Constitutional justice and social integration" in the city of Seoul with the participation of representatives of the constitutional courts of other countries and international organizations. At that event of international level the Constitutional Court of the Republic of Tajikistan was presented by judge the Constitutional Court of the Republic of Tajikistan, Mr. Abdulloev A. A.

 

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.

 
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