17:20:20 - 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 21st till  23rd of May 2014, took place an international conference on the theme: "Implementation of Constitutional Court’s decisions as a guarantee of effectiveness of constitutional justice" in the Kyrgyz Republic with the participation of representatives of the various countries of the world. At the event, the Constitutional Court of the Republic of Tajikistan was presented by the judge-secretary of Constitutional Court, Mr. Karimov K.M. and assistant to judge of Constitutional Court, Mr. Hasanov S.K. The judge-secretary of Constitutional Court, Mr. Karimov K.M. with its report on the topic: "The decision of Constitutional Court of the Republic of Tajikistan in the development of procedural legislation" familiarized the audience with the activity of Constitutional Court of the Republic of Tajikistan. Within the framework of that working visit, it was held as well a meeting of representatives of the Constitutional Court of the Republic of Tajikistan with representatives of constitutional control bodies of foreign countries, within which they discussed issues related to the development of bilateral relations.

 

On May 20th, 2014 on the occasion of 20th anniversary of the Constitution of the Republic of Tajikistan, took place republican conference on the theme: "The Constitution and freedom of conscience” at the Center for Ismailis of Dushanbe city with the participation of representatives of various governmental agencies, scientists and specialists of religious sciences, as well as various religious associations. The conference was also attended by the judge-secretary of Constitutional Court of the Republic of Tajikistan, Mr. Karimov K. M, who delivered a speech with presentation on the theme: "The Constitution, religion and freedom of conscience", and noted the role of the Constitution in the regulation of matters of religion r the development of bilateral relations between Constitutional Court and the Venice Commission of the Council of Europe, mentioned that the Constitutional Law of the Republic of Tajikistan "On the Constitutional Court of the Republic of Tajikistan" was adopted in 1995, and for that period it was been modified many times.

In this regard, with the goal of further improvement and development of the activity of Constitutional Court of the Republic of Tajikistan as an independent judicial authority and  for the benefit of ensuring of the Constitution and protection of human and civil rights and freedoms, it was prepared a new draft constitutional law, where also taken into accounts the proposals of the experts of the Venice Commission of the Council of Europe. The representatives of the Venice Commission of the Council of Europe, highly praising the draft constitutional law, and noted that the new norms provided therein promotes to the further development of the activity of constitutional control bodies within the account of democratic principles of justice. During the meeting, senior officials and judges of the apparatus of Constitutional Court of the Republic of Tajikistan participated as well. span>of the Aarhus Convention.

 

On May 6th, 2014, the Chairman of Constitutional Court of the Republic of Tajikistan    Mr. Mahkam Mahmudzoda had taken representatives of the Venice Commission of the Council of Europe - Aivars Endzhinsa, Luciana Mihayya, Rudolf Durr and Svetlana Anisimova. During the meeting, the sides discussed issues related to the development of bilateral cooperation, and the special attention was paid to the various aspects of the new draft Constitutional Law of the Republic of Tajikistan "On the Constitutional Court of the Republic of Tajikistan", which was prepared on the basis of paragraph 9 of the "Program of judicial reform in the Republic of Tajikistan for the period of 2011-2013" with the account of experience and practice of the legislation in the foreign countries. The Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudzoda in his speech, expressing satisfaction for the development of bilateral relations between Constitutional Court and the Venice Commission of the Council of Europe, mentioned that the Constitutional Law of the Republic of Tajikistan "On the Constitutional Court of the Republic of Tajikistan" was adopted in 1995, and for that period it was been modified many times.

In this regard, with the goal of further improvement and development of the activity of Constitutional Court of the Republic of Tajikistan as an independent judicial authority and  for the benefit of ensuring of the Constitution and protection of human and civil rights and freedoms, it was prepared a new draft constitutional law, where also taken into accounts the proposals of the experts of the Venice Commission of the Council of Europe. The representatives of the Venice Commission of the Council of Europe, highly praising the draft constitutional law, and noted that the new norms provided therein promotes to the further development of the activity of constitutional control bodies within the account of democratic principles of justice. During the meeting, senior officials and judges of the apparatus of Constitutional Court of the Republic of Tajikistan participated as well. span>of the Aarhus Convention.

 

On May 2nd, 2014, the Chairman of Constitutional Court of the Republic of Tajikistan Mr. Mahkam Mahmudzoda had taken the Head of the program "Promotion of legal statehood in Central Asia"(GIZ) in Tajikistan, Mrs. Olga Ametystova. At the meeting, there were discussed issues of expansion of cooperation, and special attention was paid to development of constitutional control body in the country, as well as to its role in ensuring the supremacy of the Constitution and protection of human and civil rights and freedoms. The Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudzoda expressed satisfaction to developing bilateral mutual relations that is observed for the recent years. The Program Manager "Promoting legal statehood in Central Asia" in Tajikistan,    Mrs. Olga Ametistova noted that they are also interested in developing cooperation with the Constitutional Court of the Republic of Tajikistan. In  the meeting were also taken part the judge-secretary of Constitutional Court of the Republic of Tajikistan, Mr. Karimov K.M. and Program’s representative, Mr. Alimardonov A. of Tajikistan with representatives of the Turkish Constitutional Court and with representatives of other constitutional control bodies of the foreign countries, where they discussed issues relating to the role of constitutional control in democratic countries.

 

 

From April 27th till May 1st, 2014, it was held the Second Congress of the Association of Asian constitutional courts and equivalent institutions in Istanbul, Republic of Turkey, with the participation of representatives of the various countries of the world. It must be mentioned that Constitutional Court of the Republic of Tajikistan is a member of mentioned association (AACC). At that event, the Constitutional Court of the Republic of Tajikistan was presented by  judges of Constitutional Court : - Abdulloev A.A., Abdulloev L.I. and Gulzorova M.M.

During that working visit, it took place as well the meeting of judges of Constitutional Court of the Republic of Tajikistan with representatives of the Turkish Constitutional Court and with representatives of other constitutional control bodies of the foreign countries, where they discussed issues relating to the role of constitutional control in democratic countries.

stitutional Court of the Republic of Tajikistan, Mr.  Hoshimzoda D.D. to the city of Geneva.  In the work of these events, the representatives of various countries participated in order to discuss issues relating to access to justice, information, access to the guaranteed legal aid and other issues of the Aarhus Convention.

 

On March 28th, 2014, in honor of the 20th anniversary of the Constitution of the Republic of Tajikistan it took place a meeting of the Public Council in the meeting hall of "Kohi Vahdat" with the participation of representatives of the Executive Apparatus of the President of the Republic of Tajikistan, political parties, public associations and other representatives of civil society of the state. The Chairman of Constitutional Court of the Republic of Tajikistan          Mr. Mahkam Mahmudzoda took part in the work of the meeting and made a presentation on the topic: "The Constitution and the civil society". During his speech, Mr. Mahkam Mahmudzoda noted that the Constitution of the Republic of Tajikistan, adopted under the wise leadership of the President of the Republic of Tajikistan, H. E. Mr. Emomali Rahmon, is a very greatest achievement of independence of our country on the path of building modern statehood in a very difficult political situation of early days of the formation of our nation-state. The Constitution, as the most important political and legal document laid the legal base for the development of modern democratic, legal, unitary, secular and social state, where human and civil rights and freedoms are recognized as the highest value. development of the nation. At the end of a solemn meeting, the women of Constitutional Court of the Republic of Tajikistan were presented by souvenirs. king visit of the Chief of Apparatus of Constitutional Court of the Republic of Tajikistan, Mr.  Hoshimzoda D.D. to the city of Geneva.  In the work of these events, the representatives of various countries participated in order to discuss issues relating to access to justice, information, access to the guaranteed legal aid and other issues of the Aarhus Convention.

 

On March 20th, 2014, on the occasion of the International holiday – Nowruz’ celebration, it was held  a solemn meeting in the courtroom of Constitutional Court of the Republic of Tajikistan with the participation of judges and staff of the apparatus of Constitutional Court of the Republic of Tajikistan. The Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudzoda making an opening speech at the solemn meeting congratulated the  audience with the onset of the beautiful spring holiday - Nowruz and noted that due to the wise initiative of the President of the Republic of Tajikistan,  H.E. Mr. Emomali Rahmon, this holiday, having centuries-old rich history gained international significance and today is celebrated and in our country both in different parts of the world, that greatly promotes to the development of moral and ethical culture of modern civilization. ame a symbol of deep respect to mothers giving birth to new generations and that mothers caring for educating their children in the best traditions of spiritual and moral development of the nation. At the end of a solemn meeting, the women of Constitutional Court of the Republic of Tajikistan were presented by souvenirs. king visit of the Chief of Apparatus of Constitutional Court of the Republic of Tajikistan, Mr.  Hoshimzoda D.D. to the city of Geneva.  In the work of these events, the representatives of various countries participated in order to discuss issues relating to access to justice, information, access to the guaranteed legal aid and other issues of the Aarhus Convention.

 

On March 7th, 2014, on the occasion of Mother's Day celebration, it took place a solemn meeting in the courtroom of Constitutional Court of the Republic of Tajikistan with the participation of judges and staff of the apparatus of Constitutional Court of the Republic of Tajikistan. The Chairman of Constitutional Court of the Republic of Tajikistan,  Mr. Mahkam Mahmudzoda making an opening speech at the meeting, congratulated the audience with this momentous occasion, and noted that the celebration of Mother's Day holiday in our country, under the initiative of the President of the Republic of Tajikistan, H.E. Mr. Emomalї Rahmon became a symbol of deep respect to mothers giving birth to new generations and that mothers caring for educating their children in the best traditions of spiritual and moral development of the nation. At the end of a solemn meeting, the women of Constitutional Court of the Republic of Tajikistan were presented by souvenirs. king visit of the Chief of Apparatus of Constitutional Court of the Republic of Tajikistan, Mr.  Hoshimzoda D.D. to the city of Geneva.  In the work of these events, the representatives of various countries participated in order to discuss issues relating to access to justice, information, access to the guaranteed legal aid and other issues of the Aarhus Convention.

 

From 24th till 28th February of 2014, with the of participation in the seventh meeting of the Task Force on Access to Justice and the seventeenth meeting of the working group of the parties participating in the Aarhus Convention, it took place a working visit of the Chief of Apparatus of Constitutional Court of the Republic of Tajikistan, Mr.  Hoshimzoda D.D. to the city of Geneva.  In the work of these events, the representatives of various countries participated in order to discuss issues relating to access to justice, information, access to the guaranteed legal aid and other issues of the Aarhus Convention.

 

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.

 
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