11:00:25 - 26.04.2017

News of Constitutional Court of the Republic of Tajikistan

On February 4th – 5th, 2014, it took place a seminar in the Constitutional Court of the Republic of Tajikistan with the participation of Professor of Hamburg University of Germany, Mr. Otto Luchterhandt, and with participation of judge of Constitutional Court of the Republic of Tajikistan and the staff of its apparatus. During that event, there were discussed the legislation on the Constitutional Court of the Republic of Tajikistan: issues relating to the development of constitutional control body, access of subjects to constitutional proceedings and other issues about the activity of Constitutional Court. Professor Otto Luchterhandt commented the provision of the legislation relating to the activity of Constitutional Court of Tajikistan, and also introduced the audience with the activity of constitutional control body of Germany

 

On January 7th, 2014, it took place a final meeting in the Constitutional Court of the Republic of Tajikistan, where were summarized the activity of Constitutional Court for 2013. At the beginning of the meeting, the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudov delivering a welcoming speech, noted that in 2013, due to the wise leadership of the President of the Republic of Tajikistan, H.E. Mr. Emomali Rahmon, our country has managed to achieve great political, economic and socio-cultural achievements, and it is increased the national consciousness of society, and the authority of the independent Tajikistan has risen even higher in the world. In this landmark year, in a democratic environment, adhering to generally accepted international principles as equality and openness, the election of the President of the Republic of Tajikistan, once again showed to the world that the people of our country, having an ancient culture and history, has a high level of political and civil culture. Due to the political, economic and socio-cultural achievements, the past year will be remembered as another year of great achievements in the pages of the history of our nation. For Constitutional Court of the Republic of Tajikistan past year was also the year of development and achievements in professional activity, and constitutional control body has managed to achieve even more success in the field of international cooperation.

During the final meeting, the following judges of Constitutional Court have delivered presentations with reports about the activity of Constitutional Court of the Republic of Tajikistan for 2013 year: judge - secretary of Constitutional Court - Karimov K. M, Chief of the apparatus of that Court -  Hoshimov D. D.,  heads of departments - Nurlyaminova G. A., Gulov A. A. and Muhabbatov Dj.H. It was noted that on the basis of representations and petitions of individuals and legal entities of appeal to Constitutional Court and with the aim of determination of compliance or non-compliance of applied legally normative acts to the Constitution, the Constitutional Court was considered twelve cases in 2013. In regard to two cases of them, which have been considered in the constitutional proceedings, were adopted relevant resolutions, and in regard to ten rest cases, have been adopted appropriate definitions.  It were held hearings in which, Constitutional court  fully and comprehensively considered and reviewed the following questions of cases:  in particular, in regard to two cases – on the petition of Turaev M. M. "On determination of paragraph 4 of Rules of attestation and registration of patent attorneys of the Republic of Tajikistan” from June 2nd, 2009, under №25 and its amendments thereto from September 25th, 2012, and its compliance to second part of article 12 and first and second parts of article 35 of Constitution, as well as in regard to petition of citizen Saidova N. A "On determination of part 2 of article 363 of the Criminal Procedural Code of the Republic of Tajikistan in respect of the fact that the adopted determination (the decision) during the trial cannot be a subject of appeal or protest in respect of the election, changes or cancel measures of restraint’, and its compliance to articles 5, 14, 18 and 19 of the Constitution.

In this regard, during considering the cases (constitutional proceedings) were identified   non-compliance of current legislation norms to Constitution that became the subject of a constitutional dispute by subjects of appeal. Thus, Constitutional Court has recognized by its resolutions, the paragraph 4 of the Rules of attestation and registration of patent attorneys of the Republic of Tajikistan not compliance to second part of article 12 and first and second part of article 35 of Constitution of the Republic of Tajikistan and the provision of part 2 of article 363 of the Criminal Procedural Code of the Republic of Tajikistan (in respect of the fact that the adopted determination (the decision) during the trial cannot be a subject of appeal or protest in respect of the election, changes or cancel measures of restraint) does not comply to articles 5, 14, 18 and 19 of Constitution. On the basis of the constitutional requirements of the Law "On the Constitutional Court of the Republic of Tajikistan" and with regard of the fact that the Constitutional Court has no jurisdiction in relation to those issues of ten rest cases, the court  refused to initiate constitutional proceedings in regard to mentioned cases. It was also noted that during period of 2013, the Constitutional Court was appealed by more than 369 individuals and legal entities on various issues orally and in writing.  All questions have timely been considered in established legislative order, and to applicants were submitted answers.

From total number of appeals, 250 persons with oral appeal were directly received by the Chairman and judges of the Constitutional Court. During the period of 2013, from individuals and legal entities were received eighteen petitions, forty-three applications, two submissions and one complaint, which are also included to total number of received appeals. In 2013, except the appeals of individuals and legal entities to the Constitutional Court, were received 1695 documents, 393 of which are letters from various ministries and departments, 1198 normative legal acts, 104 magazine and other various publications. There were sent 643 letters to legislative, executive authorities, as well as to individuals and legal entities on various issues. In 2013, through email were received 417 messages on various issues related to the activity of Constitutional Court and 205 letters of the same order have been sent  to  various bodies as inside both outside of the state.

 

From 23rd till 29th of December 2013, in the framework of Memorandum of Cooperation between the Constitutional Court of the Republic of Tajikistan and the Constitutional Court of the Republic of Turkey and with the purpose of familiarization with the activity of constitutional control body of Turkey, it was held a working visit of judges of Constitutional Court of the Republic of Tajikistan, Mr. Karimov K. M. and Mrs. Zoirova Sh.U. to the Republic of Turkey. Within that working visit, representatives of Constitutional Court of the Republic of Tajikistan familiarized with the activity of Constitutional Court of the Republic of Turkey and conducted meetings with the Chairman and judges of that court. , J. Rumi, Jilikul, Kabadiyan, Shahritus and Nosiri Husrav. During the visit,  Constitutional Court’s  judges held meetings with representatives of law enforcement agencies of these areas, as well as with other subjects of appeal to Constitutional Court, and during the explanation of Message of the President of state to the highest legislative body, introduced the audience  as well as with procedure or order of appeal to constitutional control bodies of the country.

 

From 21st till 22nd of  November and from 26th till 29th of November 2013, in accordance with working plan of Constitutional Court for 2013, and in order to explain the Message of the President of the Republic of Tajikistan addressed to Parliament (Majlisi Oli) from 26th of April 2013, and with the purpose of commenting  the norms of the Constitution and other normative legal acts that enhance legal awareness of the population, it took place a working visit of Constitutional Court’s judges:  Abdullayev A.A., Zoirova Sh.U., Gulzorova M.M., Abdulloeva L.I. and Karimov K.M. to districts of Khuroson, J. Rumi, Jilikul, Kabadiyan, Shahritus and Nosiri Husrav. During the visit,  Constitutional Court’s  judges held meetings with representatives of law enforcement agencies of these areas, as well as with other subjects of appeal to Constitutional Court, and during the explanation of Message of the President of state to the highest legislative body, introduced the audience  as well as with procedure or order of appeal to constitutional control bodies of the country.

 

On November 23rd, 2013, on the occasion of the National Flag of the Republic of Tajikistan, it took place a solemn meeting at the Constitutional Court of the Republic of Tajikistan with participation of judges and staff of Constitutional Court of the Republic of Tajikistan. Opening the meeting, the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudov congratulated the audience with this national holiday and noted that the State’s  flag is one of the most important symbols of the state, which embodies the independence of the country, as well as the highest human values ​​and the bright future of our  country. Therefore, each citizen with a sense of pride for the national statehood should, as his/her sacred duty to respect state symbols that at the same time represent the country in the world community. During the meeting about the historical significance of the National Flag and the development of legislation on state symbols of the Republic of Tajikistan, Mrs. Sangova G. - chief specialist of Constitutional Court of the Republic of Tajikistan on work with letters and appeals of citizens, delivered a speech with report. s on constitutional justice and discussed on issues related to the national legal system and the role of constitutional justice in Tajikistan.

 

On November 18th, 2013, it was held a meeting of the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Makhmudov with the following persons of the Venice Commission of Council of Europe: Programme Manager of the Secretariat of the Venice Commission of Council of Europe – Mrs. Svetlana Anisimova;  members of the Venice Commission of Council of Europe - Mr. Richard Caton and Mr. Lyuchian Mahayem; staff of constitutional justice’s department of the given commission – Mrs. Tanya Gervin.

During this meeting, both sides expressed particular essence to commensurate activity of Constitutional Court of the Republic of Tajikistan as an independent judicial authority and the role of that constitutional control body in ensuring the supremacy of the Constitution and protection of human and civil rights and freedoms. During the conducted negotiations, special attention was paid to mutually beneficial cooperation between the Constitutional Court of the Republic of Tajikistan and the Venice Commission of Council of Europe. As well, the parties during the negotiations had exchanged views on the draft Code of Ethics for Judges and the draft of the Law "On alternative procedure of disputes settlement by involving a mediator  (mediation). The parties have estimated this meeting beneficial and expressed their support in enhancement of mutually beneficial cooperation. The meeting was also attended by judges of Constitutional Court of the Republic of Tajikistan Mr.  Abdullayev A. A. and  Karimov K.M.

 

On November 16th, 2013, at the Palace of Nation, in a solemn ceremony, the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudov  had awarded  the newly elected President of the Republic of Tajikistan, H.E. Mr. Emomali Rahmon by the symbol of presidential power – a sign of the President of the Republic of Tajikistan.    was held a 12th meeting of the Joint Council on constitutional justice of the European Commission for Democracy through Law, in Venice, Italy on the topic: "Support of constitutional justice, access to justice and electoral reform in countries of Central Asia" and the Conference on the theme: "Children right”. In the work of that event took part representatives of constitutional courts and international organizations on constitutional justice and representatives of equivalent bodies of more than 50 countries of the world, including countries of Europe and Asia. At this event, the Constitutional Court of the Republic of Tajikistan was presented by judges of Constitutional Court, Mr. Abdullaev A. A. and  Karimov K. M.

 

 

On 8th – 9th of October, 2013, it was held a 12th meeting of the Joint Council on constitutional justice of the European Commission for Democracy through Law, in Venice, Italy on the topic: "Support of constitutional justice, access to justice and electoral reform in countries of Central Asia" and the Conference on the theme: "Children right”. In the work of that event took part representatives of constitutional courts and international organizations on constitutional justice and representatives of equivalent bodies of more than 50 countries of the world, including countries of Europe and Asia. At this event, the Constitutional Court of the Republic of Tajikistan was presented by judges of Constitutional Court, Mr. Abdullaev A. A. and  Karimov K. M.

In this event, during the participation, judges of Constitutional Court Abdullaev A. A and Karimov K. M. made a presentation on the issues related to development of constitutionalism, constitutional justice, legal system and judiciary, as well as on legal regulation of the children rights in the Republic of Tajikistan. Within the framework of participation in the Conference, judges of Constitutional Court of the Republic of Tajikistan as well conducted meetings with the Department’s Director on constitutional justice of the Venice Commission of Council of Europe, with Mr. Shnuts Rudolf Durr. They also met with other experts of the Venice Commission, as well as with representatives of constitutional courts and equivalent bodies, with representatives of international and regional organizations on constitutional justice and discussed on issues related to the national legal system and the role of constitutional justice in Tajikistan.

 

From 7th till 12th of October, 2013, with the purpose of participation in training courses on the theme: "The principles of equality and prohibition of discrimination", was held a working trip/visit of staff of Constitutional Court of the Republic of Tajikistan Kamishev N.U and Firdavsova G.R. to city of Ankara ,Turkey. The given course was conducted by the initiative of the Association of Asian Constitutional Courts and Equivalent Institutions, where representatives of constitutional courts of different countries participated and made speeches with presentations related to the activity of constitutional control. At this event, the representatives of Constitutional Court of the Republic of Tajikistan took an active part, as well as made speeches with presentations and familiarized the participants of the training course with the activity of constitutional control body of the Republic of Tajikistan.

 

On September 27th, 2013, under the presidency of the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Makhmudov, it was conducted a constitutional hearing in regard to petition of citizen Saidova N. A "On determination of part 2 of article 363 of the Criminal Procedural Code of the Republic of Tajikistan in relate to the fact that the adopted determination (the decision) during the trial cannot be a subject of appeal or protest in respect of the election, changes or cancel measures of restraint”, and its compliance to articles 5, 14, 18 and 19 of the Constitution. The conducted judicial constitutional hearing in the Constitutional Court, (considering the issue) was attended by authorized representatives of the Apparatus of the President of the Republic of Tajikistan, Majlisi Milli, Majlisi Namoyandagon (Parliament), representatives of the Supreme Court, the Prosecutor’s General Office, the Council of Justice, as well as representatives of other ministries and departments. The Constitutional Court of the Republic of Tajikistan, comprehensively considered the issue that was the subject of dispute by Saidova N. A., and noted that the appeal is an important way of human relationship with the state and a stable basis for participation of all citizens in public administration and in activity of governmental management bodies, including the judiciary in the administration of justice. The right to appeal to the state authorities, including to the judiciary power, is a key indicator of a democratic and law-based society, along with the elimination of errors in the activity of governmental bodies, and as well as this right is directed to eliminate of violations, restoration and protection of violated rights and lawful interests of applicants. The provisions of para. 2 of article 363 of the Criminal Procedural Code of the Republic of Tajikistan, on the basis of which the participants of the trial are prohibited to appeal or to protest the determination (decision) adopted during the court trial concerning the election, changes or cancel measures of restraint. And this is a limitation of constitutional rights of citizens for appeal to judicial bodies that does not correspond to the essence and content of articles 5, 14, 18 and 19 of Constitution. In particular, article 23 of the Criminal Procedural Code of the Republic of Tajikistan, called as "The right to appeal of procedural actions and decisions", as one of the most important principles of criminal procedural legislation recognizes the trial participants’ appeal of acts or decisions of the court (judge), prosecutor and investigator. In this connection, the Constitutional Court of the Republic of Tajikistan notes that any way limiting the rights of trial participants on protection of their procedural rights, is an obstacle for their implementation, including the right to appeal against judicial acts, and it is considered a limitation of guarantees of judicial protection and the right for appeal to governmental bodies established by the Constitution, laws and criminal procedural legislation of the Republic of Tajikistan. Based on the above-mentioned, the Constitutional Court of the Republic of Tajikistan considered the provision of part 2 of article 363 of the Criminal Procedural Code of the Republic of Tajikistan (in respect of the fact that the adopted determination (the decision) during the trial cannot be a subject of appeal or protest in respect of the election, changes or cancel measures of restraint) has recognized that mentioned article does not comply to articles 5, 14, 18 and 19 of Constitution.

 

 

On September 6th, 2013, on the occasion of 22nd anniversary of independence of the State, it took place a solemn meeting in the courtroom of Constitutional Court of the Republic of Tajikistan with participation of judges and staff of the apparatus of Constitutional Court. Speaking with a welcoming speech, the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudov congratulated the audience with this national and significant holiday and noted that due to the efforts of the President of the Republic of Tajikistan, H.E. Mr. Emomali Rahmon and sustainable bases of state independency, today, in our country, is provided stable development of various industries, in particular economy, socio-cultural sphere. Within the framework of Constitution’s provisions is established legal basis for development of democratic and legal state, where human rights and freedoms are recognized as supreme value. During the solemn meeting, a judge secretary of Constitutional Court of the Republic of Tajikistan, Mr. Karimov K.M. congratulated the audience with this very important holiday and delivered a presentation on the achievements of the country obtained during the period of independence.

 

 

 
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