05:19:08 - 18.11.2019

 

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 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.

 

From May 29th till June 1st, 2014, on the initiative of the Research Center "Giorgio La Pira", the National Research Council of Rome and the University of Galatasaray of Turkey was held Second Eurasian seminar on Roman law on the topic: "The republic and protection of human and civil rights" in Istanbul, Turkey with the participation of more than twenty-five representatives of different countries. In the course of given international seminar, the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudzoda, took part having made a presentation on the topic: "Theoretical and practical significance of the study of Roman law in Tajikistan", highlighting an important role of Rome law in development of private law system, including civil law and in preparation of high-qualified cadres (human resources) in the field of jurisprudence in the Republic of Tajikistan.

At the end of an international workshop, in a solemn atmosphere, the Chairman of  Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudzoda was awarded by a diploma of  "Doctor honoriscausa on civil-roman law", confirmed by Academic Senate of Rome University "La Sapienza", for making a worthy contribution to the development of international cooperation among legal scientists of Tajikistan and Italy, as well as for the development of Rome law in the system of private modern law.  The State University of Rome "La Sapienza", formed in 1303 is recognized as one of the most well-known, reputable and      dynamically developing public scientific structure of the world and the Chairman of  Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudzoda is the first scientist in the sphere of law of the member states of the Commonwealth of Independent States, which was awarded by this highest honorary degree.

 

On May  22nd , 2014, in accordance with the work plan of Constitutional Court  for 2014, with the aim of explanation of Message of the President of the Republic of Tajikistan to Parliament  (Majlisi Oli) from 23rd of April 2014 and the historical role of Constitution in the formation of a democratic state, as well as for the development of cooperation with representatives local enforcement authorities, it was held a working visit of judges of  Constitutional Court: Abdulloev L.I, Zoirov Sh.U., Gulzorovfa M.M., and head’s department of legal support of judges of Constitutional Court- Nurlyaminova  to the cities of Kurgan-tyube, Kulyab and Khovaling districts of Khatlon region. During the working visit, the representatives of Constitutional Court held meetings with representatives of the judiciary, law enforcement agencies, as well as with other stakeholders who address to the Constitutional Court and explained the message of the President addressed to Parliament, the historical role of the Constitution in the formation of a democratic state, as well as they familiarized the audience with the order of application to the constitutional control body of the country.

 

 

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.

 
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