01:36:47 - 23.06.2017

News of Constitutional Court of the Republic of Tajikistan

 

On January 8, 2013 was held a session in the Constitutional Court of the Republic of Tajikistan, where had been summarized the activity of given Constitutional Court for the period of year - 2012.

At the beginning of session, the Chairman of Constitutional Court of the Republic of Tajikistan,

Mr. Makhmudov M. A. delivered a welcoming speech and noted that due to efforts of President of Tajikistan, H. E. Mr. Emomali Rahmon, the year -2012 has been significant and memorable in the sphere of economic and social development, holding of important political and cultural events and that year was the year of great success achievement in the life of our country.

Last year, relating to the state independence and national unity, were held festive events in Tajikistan, dedicated to the 15th - anniversary of the signing of General Agreement on the Establishment of Peace and National Accord in Tajikistan, 20th anniversary of the historic XVI session of the Supreme Council of the Republic of Tajikistan, the Day of state’s Constitution and as well as other held political events that played a major role in the development of modern statehood basis, in the strengthening of peace and mutual understanding in our country.

In the history of our nation, having an ancient history, has occurred another significant event in 2012. It is the accession of Tajikistan to the World Trade Organization. It should be mentioned that the accession of Tajikistan to that organization, in its turn, will contribute to the sustainable development of the country’s economy.

For Constitutional Court of Republic of Tajikistan the past year also became the year of development. The given body of constitutional control achieved positive results in professional activity and strengthened the friendly relations with the bodies of constitutional control of other countries in the case of ensuring the supremacy and direct action of Constitution, and the protection of human and citizen rights and freedoms. During the final session, secretary of Constitutional Court - Karimov K. M, Head of Administration of Constitutional Court - Hoshimov D.D and heads of departments of Constitutional Court - Nurlyaminova G.A, Gulov A.A. and Muhabbatov J.H. made statements about reports on activity of the Constitutional Court of the Republic of Tajikistan, on activity of Administration of Constitutional Court and on activity of departments of Constitutional Court for the period of 2012.

It was noted that in 2012, on the basis of submissions and petitions of individuals and legal entities who applied to Constitutional Court, was considered eighteen cases. The goal of considerations of these mentioned petitions and submissions was to determine the compliance or incompliance of applied normative - legal acts to the norms of Constitution. In relate to four cases from all considered eight cases, were taken appropriate decrees and in regard to other four cases, there were taken conforming designations.

Thus, in regard to three cases: 1) over the petition of citizen, Odinaev E.D. - "On determination of compliance of article 29 of the Law of the Republic of Tajikistan on executive proceedings (dated by March 29, 2008, under number № 373) to the article 12, part three of article 20, to part first and second of the article 32 and part second of article 45 of the Constitution of Republic of Tajikistan; 2) over the petition of citizen Boboev J. - "On determination of compliance of part second of eighth paragraph of article 42 of the Criminal - procedural Code of the Republic of Tajikistan and its compliance to articles 17 and 19 of Constitution; 3) over the petition of citizens Sharipov A.P. and Romanov S.T. - "On determination of compliance of part 5 of article 91 of the Penal Executive Code of Tajikistan (dated by August 6, 2001, under № 32) and its compliance to article 21 and 92 of the Constitution. After analyze and consideration of petitions, requests of the given three petitions were recognized conforming to Constitution.

In regard to the petition of citizen Radjabov A. A. - "On determination of compliance of part 5, the Constitution", the Constitutional Court thoroughly considered the issue, states that the activities of the crimes investigation bodies and the courts, to the mandate of which is included the inquiry, court and preliminary investigation does not exclude errors and omissions and in this connection, the appeal and protest against court decisions by higher courts, which are formed in order to correct errors relating to the activities of lower courts, is characterized as one of the most important principles of a democratic criminal justice system.

In this regard, any order, which restricts the right of parties of the proceedings over protection of their due process rights, is the full obstacle for the protection of their rights and is considered as limitation of guarantees of judicial protection of rights, established by Constitution and international acts recognized by the Republic of Tajikistan, and criminal law.

On this basis, with its decision, the Constitutional Court of the Republic of Tajikistan recognized part 5, article 124 of the Criminal Procedural Code of the Republic of Tajikistan not inconsistent to the articles 14 and 19 of the Constitution.

As for the other fourteen petitions and appeals, due to the fact that the issues referred to them, do not include to the competencies of the Constitutional Court of the Republic of Tajikistan and in accordance with the Constitutional Law of the Republic of Tajikistan "On the Constitutional Court of the Republic of Tajikistan", in relate to them, were taken designations on refusal to initiate constitutional proceedings.

At the same time, Constitutional Court, have determined its legal position in regard to the matters referred to these designations, drew the attention of state authorities, in particular the Supreme Economic Court of the Republic of Tajikistan, the Ministry of Internal Affairs of the Republic of Tajikistan, the General Prosecutor's Office and other governmental agencies in order to execute the acts adopted by the Constitutional Court and the elimination of existing limitations.
It was also noted that during the year of 2012, more than 540 individual and legal entities addressed to the Constitutional Court orally and writing, and through e-mail on the various issues. All questions, were duly considered, and applicants got their answers by legislative manner.

 

 

 

On December 20, 2012, under the presidency of Chairman of Constitutional Court of Republic of Tajikistan - M. Mahmudov, was held proceedings over the petition of a citizen Radjabov A. A. on "Determination of part 5 of Article 124 of the Criminal Procedure Code of Republic of Tajikistan and its conformity to articles 14 and 19 of the Constitution". The mentioned proceedings took place in the Constitutional Court of Republic of Tajikistan. The proceedings was attended by authorized representatives of the Majlisi Oli Majlisi Mili and the representatives of President’s Administration of the Republic of Tajikistan, the representatives of the Supreme Court, the General Prosecutor's Office, the Judicial Council, the Ombudsman on Human Rights of Republic of Tajikistan, the Ministries of Justice and Interior affairs, as well as representatives of other ministries and departments. The Constitutional Court thoroughly considered the issue, underlined that the activities of the crime investigation’s bodies and the courts, to the mandate of which is included the inquiry, a pre-trial investigation does not except the errors and omissions. In this regard, the appeal and protest against court decisions by higher courts, which are directed to correct errors relating to activities of lower courts, is characterized as one of the most important principles of a democratic criminal justice system. Thus, any order, which restricts the right of participants of the proceedings on protection of their due procedural rights, becomes an obstacle to the full protection of their rights. All this restrict the guarantees of judicial protection of the rights which is established by the Constitution, by ratified international acts of the Republic of Tajikistan and by the criminal law. On this basis, the Constitutional Court of the Republic of Tajikistan recognized with its resolution that part 5 of Article 124 of the Criminal Procedure Code of the Republic of Tajikistan does not correspond to the Articles 14 and 19 of the Constitution.

 

 

 

 

On November 23rd, 2012 in honor of celebration of the national holiday - the Day of the National Flag of the Republic of Tajikistan, it was held a solemn meeting in the Constitutional Court of the Republic of Tajikistan. The opening ceremony of the meeting was started by the welcoming speech of the Chairman of Constitutional Court of the Republic of Tajikistan – Mr. Mahkam Mahmudov, who congratulated the present audience with important national holiday and emphasized that the national flag of the Republic of Tajikistan has 20 years history. It was adopted as well the Law of the Republic of Tajikistan "On Approval of the provisions on State Flag of the Republic of Tajikistan" at the 16th session of Supreme Council of the Republic of Tajikistan, and moreover, were included the amendments to the Constitution of the Republic of Tajikistan in the part of the state symbols. Chairman of the Constitutional Court, Mr. Mahkam Mahmudov also stressed that the President of Tajikistan, H.E. Emomali Rahmon in his speech called the national flag as a symbol of peace and stability, happiness and prosperity, and hope for a brighter future and estimable by each citizen of the country. President mentioned as well that respect to the National flag as to the symbol of the state independence of the Republic of Tajikistan is the sacred duty of every member of society.
On this basis, each of us should respect and be proud of this important state and national symbol of independence. At the meeting, the Deputy President of the Constitutional Court of the Republic of Tajikistan M. Nazarov and Head of Legal Support Department of the Constitutional Court –Nurlyaminova G. A. were also made informative presentations.

 

 

 

 

On November 21st, 2012, was held a meeting of the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. M.A. Makhmudov with the Regional Representative of the UN High Commissioner for Human Rights (OHCHR) in Central Asia, Mr. Armen Arutunyanom and with adviser for Representation, UN Resident Coordinator in Tajikistan, Ms. Liliya Zaharieva. During the meeting the sides expressed their views on the issue of ensuring the implementation of the rights and legitimate interests of individuals and citizens in Tajikistan, which is the primary responsibility of government agencies and officials. Within the meeting, the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Makhmudov M.A. noted that the goal of every modern state, including Tajikistan, is to create a society in which security and respect for human rights and civil liberties is in the foreground. With this regard, it is established in the Constitution that the individual, his rights and freedoms are recognized as the highest value, and accordingly this rule is recognized as universally values by international normative legal acts, in particular in the Universal Declaration of Human Rights. Tajikistan is one of the first states in Central Asia, which, after the country's independence recognizes the Universal Declaration of Human Rights and internationally standard- legal acts become as part of the country legal system. The President of Tajikistan, H.E. Mr. Emomali Rahmon making emphasis to the protection of human and citizen rights and freedoms, in his address to the highest legislative and representative body of the country dated by April 20th, 2012 once again obliged the judiciary to put the protection of human rights and freedoms at the heart of its activities, to ensure judicial justice by adopting fair and lawful acts, to realize correct implementation of the Constitution and laws. The parties appreciating this meeting expressed their willingness to further development and deepening of mutually beneficial bilateral relations. The meeting was also attended by a judge of the Constitutional Court of the Republic of Tajikistan,

Mr. Abdulloev L. I.

 

 

 

From 7th to 11th of November 2012, in accordance with paragraph 10 of the meeting’s Protocol of the Organizing Committee for celebration of 20th anniversary of historical 16th session of the Supreme Council of Republic of Tajikistan and in pursuance of work plan of Constitutional Court of Republic of Tajikistan for 2012, was held a working visit of the Delegation of Constitutional Court of Republic of Tajikistan. The given Delegation was headed by the Chairman of the Constitutional Court- Mr. Makhmudov M.A. and it was consisted of following members: Deputy-Chairman of the Constitutional Court – Mr. M.N. Nazarov, judges of the Constitutional Court – Mrs. Gulzorova M.M., Abdullaev A.A., Abdulloeva L.I., Karimov K.M. and other members. The Delegation visited the cities of Khujand, Istaravshan and the districts of Sogd region, such as Gonchi, Shahristan, Bobojon Gafurov, Aini and Spitamen. The aim of mentioned working visit was to explain the significance of the historical session during the establishment of constitutional government, was to explain provisions of the Constitution, which has the highest legal force,that provides the legal framework for the development of a modern, democratic and legal state. Within the working visit of the delegation to cities and districts of Tajikistan, were held discussions and meetings with the staff of the state executive power, courts, prosecutors, other officials and with population of cities and regions and answered to numerous questions of those present audiences at the meetings.
Certainly, such meetings and conversations, which are aimed at explaining the historical significance of the 16th session of Supreme Council of Republic of Tajikistan and Constitution of Tajikistan, simultaneously foster the improvement of population’s knowledge on legal culture.

 

 

 

On November 2nd, 2012 in a hall of sessions of the Constitutional Court of Republic of Tajikistan has taken place the round table on a theme «the correlation of the Constitution and 16th historical session of Supreme Council of the Republic of Tajikistan». This round table was held in honour of the Constitution Day in the Republic of Tajikistan and celebration of the 20th anniversary of 16th historical session of the Supreme Council of the Republic of Tajikistan. In the work of a round table plenipotentiary representatives of Parliament (Majlisi Namoyandagon) and representatives from the Administration of the President of Republic of Tajikistan, representatives of the Supreme Court, the State Office of Public Prosecutor, Council of Justice, the Representative on human rights in the Republic of Tajikistan, teachers of faculty of law of Tajik State National University and other related ministries and country departments participated and have presented their reports.

Presenting welcoming speech in a round table, the Chairman of the Constitutional Court of the Republic of Tajikistan – Mr. Mahkam Mahmudov has congratulated presented audience and guests with the important and significant holidays and has emphasized, that a main goal of holding of 16th historical session of Supreme Council of the Republic of Tajikistan, despite the difficult political situation in the country during that period, has taken place due to efforts of the President of the Republic of Tajikistan, His Excellency, Mr. Emomali Rahmon. This, first of all, gave an impetus for the maintenance of peace and stability in the country, formation of the constitutional power and acceptance of some legal-standard bases, that subsequently have played the important role in development and formation of modern state system.

It has been emphasized, that the development, discussion and acceptance of the Constitution of independent Tajikistan, became possible only after that mentioned historical session and is the result of decisions adopted in it. In the Constitution of the Republic of Tajikistan adopted from November, 6th, 1994, are fixed and included the important public and political ideas, principles of democracy, legal and temporal state, division of branches of the power, ensuring of the human and citizen rights and freedom, legality, as well as principle of pluralism and other important institutes.

Taking into account that within the round table are considered and discussed rather vital and substantial issues and statements, concerning historical session and the importance of the Constitution of the Republic of Tajikistan as bases of formation and development of the constitutional legality in the country, it was offered to publish the agenda of the round table in the subsequent issue of the Bulletin of the Constitutional Court of the Republic of Tajikistan.

 

 

On October 24th - 31st , 2012, within the framework of the Memorandum of cooperation between the Constitutional Court of the Republic of Tajikistan and the Constitutional Court of Ukraine a working visit of delegation from Constitutional Court of Tajikistan to Republic of Ukraine has taken place. This working visit has realized with the purpose of being introduced with the activity of the Constitutional Court of Ukraine as a body of the constitutional control, as well as with the aim of an exchange of experience and development of bilateral relations. The above –mentioned delegation consisted of the following staff of the Administration of Constitutional Court of Tajikistan: Head of the Administration of the Constitutional Court of Republic of Tajikistan - Hoshimov D.D., assistants to judges of the Constitutional Court of Republic of Tajikistan - Abduhamidov V. A, Saidova N.H. and Kukanov S.M.

During the given visit the delegation of the Administration of the Constitutional Court of the Republic of Tajikistan participated in the work of the Scientific-practical seminar of the Secretariat of the Constitutional Court of Ukraine devoted to the activity of that Secretariat. The delegation has familiarized with the legal-standard bases, regulating the activity of the Constitutional Court of Ukraine.

In the Scientific-practical seminar, the delegation of the Administration of the Constitutional Court of the Republic of Tajikistan has familiarized with the features of office management in the Constitutional Court of Ukraine, with order of representation, consideration and learning of the constitutional representations and applications of subjects of law to the Constitutional Court of Ukraine, with the professional activity of judges, with boards of judges, with conclusion of expertise preparations on the case, with order of separation of the constitutional trial cases, registration of materials on judicial cases, also with other questions concerning the activity of Secretariat of the Constitutional Court of Ukraine. The delegation has also exchanged experience with colleagues concerning professional work.

Moreover, with the purpose of development and strengthening of bilateral relations, the meeting of delegation from the Administration of the Constitutional Court of Tajikistan has taken place with the Chairman of the Constitutional Court of Ukraine – Mr. Golovin A. S. and with the authority of the Secretariat of the Constitutional Court of Ukraine, where have been discussed the issues concerning the activity of administrations of the constitutional control bodies of two democratic and sovereign states.

 

 

On October 19th, 2012 a hearing/judicial trial on the case of petition of citizens Sharipova A.P. and Romanova S.T. - «About determining of a part 5, article 91 of the Code of execution of criminal punishment of the Republic of Tajikistan adopted from August 6th, 2001 under number №32 and its conformity to articles 21 and 92 of Constitution of the Republic of Tajikistan». That hearing has taken place as usually in a hall of hearing of the Constitutional Court of the Republic of Tajikistan and under the presidency of the Chairman of the Constitutional Court of the Republic of Tajikistan – Mr. Mahmudov M. A.

In the judicial sitting the plenipotentiary representatives of the Parliament, representatives from the Administration of the President of the Republic of Tajikistan, representatives of the Supreme Court, the State Office of Public Prosecutor, Council of justice of the Republic of Tajikistan, representatives from the Department of execution of criminal punishments of the Ministry of Justice of the Republic of Tajikistan and other representatives of the state bodies have participated.

The Constitutional Court, having considered and having analyzed the given petition in coherence with Constitution requirements, international legal bases and other legal - standard norms of the Republic of Tajikistan, notices, that the human and citizens rights and freedom, is the higher value and is recognized, observed and protected by the state.

In this connection the recognition, a guarantee of the providing of the lawyer from the moment of detention, providing of legal assistance at all stages of investigation and judicial trial, as well as during the serving of criminal sentence is one of the basic constitutional human and citizens’ rights and freedom and are fulfilled in accordance with the requirements of articles 19 and 92 of Constitution, the Code of Criminal procedure, the Code of execution of criminal punishments and the Law on advocacy.

On the basis of comprehensive consideration of the given petition the Constitutional Court of the Republic of Tajikistan with its resolution has accepted a part 5, article 91 of the Code of execution of criminal punishments of the Republic of Tajikistan appropriated to the article 92 of the Constitution of the Republic of Tajikistan.

 

 

 

From 4th till 6th of October, 2012, took place the working visit of the Chairman of the Constitutional Court of the Republic of Tajikistan – Mr. Mahmudov M. А. and judge of the Constitutional Court of the Republic of Tajikistan – Mrs. Gulzorova M. M. to Yerevan, with the purpose of participation in the work of XVII Yerevan International Conference on a theme: «Interaction of the constitutional courts and other institutes on maintenance of execution of constitutional court’s decisions».

The Chairmen and judges of constitutional control bodies from more than 20 countries and also representatives of various public authorities of the Republic of Armenia participated in the work of the mentioned international significant event.

During the given conference its participants have exchanged opinions on a question, concerning the importance of a timely execution of constitutional supervision bodies’ decisions on maintenance of supremacy of the Constitution, the protection of human and citizens rights and freedom, as well as the legality. Moreover, interesting reports on vital issues have been heard.

During the work of the international conference, the Chairman of the Constitutional Court of the Republic of Tajikistan – Mr. Mahmudov M. А. making a statement on a theme: «Maintenance of execution of constitutional court’s decisions as a guarantee of development of efficiency of the constitutional justice», he has introduced presented audience with the order of acceptance and execution of decisions of the Constitutional Court of the Republic of Tajikistan.

Within the framework of the mentioned Conference, has taken place the meeting of the Chairmen of constitutional courts of Ukraine, Latvia, Kazakhstan, Tajikistan and other countries with the President of the Republic of Armenia – H.E. Mr. Serzhem Sargsjan, where were discussed the issues concerning the improvement of constitutional supervision bodies’ activity.

The parties of that meeting have expressed the readiness for the deeper development of mutually advantageous bilateral cooperation and an exchange of experience in area of protection, maintenance of supremacy and direct action of the Constitution and protection of the human and citizens’ rights and freedom and as well as legality.

 

 

 

From 26th till 28th of September and from October 3rd till October 4th, 2012 in accordance with the working plan of the Constitutional Court of the Republic of Tajikistan for 2012, have taken place working visits to the districts and regions of Tajikistan such as Vosej, Shurabad, Muminabad, Fajzabad and also to the cities of Vahdat and Rogun. These above-mentioned working visits were realized with the purpose of making comments/clarifications to the annual speech/statement of the President of the Republic of Tajikistan to the Parliament of Tajikistan (Majlisi Oli) from April, 29th, 2012, as well as with the purpose of explanations of norms of the Constitution and other legal-standard bases that promotes improvement of legal culture of the population. Working visits were conducted by delegation under the leadership of Chairman of the Constitutional Court of the Republic of Tajikistan – M. A. Mahmudov and in composition of the vice-president of the Constitutional Court- Nazarov M. N, judges of the Constitutional Court - Gulzorova M. M, Abdullaev A.A., Abdulloev L.I., Karimov K.M. and other staff of the Administration of the Constitutional Court. Within the framework of these visits, the working group /delegation from the Constitutional Court of the Republic of Tajikistan held meetings with the population and staff of the law enforcement bodies of the specified cities and areas and thus, they answered to the numerous questions, interested by present audience of these meetings.

 

 

 

On September 28th, 2012 in honour of celebration of a national holiday – Day of a state language in the Republic of Tajikistan, a solemn meeting has taken place with participation of Constitutional Court’s staff and representatives of Committee on language and terminology under the Government of the Republic of Tajikistan. The mentioned meeting, as usual, took place in a session hall of the Constitutional Court of the Republic of Tajikistan.

Making a welcoming speech at a solemn meeting, Mr. Mahkam Mahmudov - - the Chairman of the Constitutional Court of the Republic of Tajikistan has congratulated presented audience with this important and significant holiday and has noticed, that the state language has the substantial and considerable role in development of our national culture, which has ancient history, and as well as in formation and stability of an independent state - Tajikistan. Mr. Mahkam Mahmudov has also remarked that His Excellency- the President of Tajikistan –

Emomali Rahmon in his statements is underlining the importance of knowledge of a state language by all citizens of the country and as well as has noticed, that the state language is a history of a nation reunifying the past, today and the future of the people. In this regard, every citizen of the country is obliged to know a state language which is pride of the nation and one of symbols of stability of statehood. Thus, everyone as a citizen of Tajikistan has to provide correct use of rules of spelling of the Tajik language in its daily activity.

During the meeting, the representatives of Committee on language and terminology under the Government of the Republic of Tajikistan have presented statements about content and significance of the Law of the Republic of Tajikistan «On the State language of the Republic of Tajikistan» and about the governmental orders of the Republic of Tajikistan from October, 4th, 2011 under number № 458 «On adoption of the rules of spelling of the Tajik language». The mentioned representatives have also answered to numerous questions of judges and other staff of the Constitutional Court of the Republic of Tajikistan.

 
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