04:40:18 - 16.12.2017

News of Constitutional Court of the Republic of 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.

 

 

 

From August 26th till September 2nd 2013, was held an international scientific and practical conference on the topic: "The Constitution – base of development’s strategy of society and the state" in Astana, Republic of Kazakhstan. In the work of conference, took part representatives from more than 20 countries and international organizations. The Constitutional Court of the Republic of Tajikistan was presented by judges of Constitutional Court: Abdullayev A.A and Karimov K.M. At the conference, a judge-secretary of Constitutional Court of the Republic of Tajikistan, Mr. Karimov K.M. delivered a presentation on the topic: "The social state and the role of constitutional control body in its formation (for example, Tajikistan)”. Within the framework of participation in the work of the conference, were conducted meetings of judges of Constitutional Court of the Republic of Tajikistan with the Chairman and judges of Constitutional Council of the Republic of Kazakhstan, with the judges of constitutional courts of Turkey, Ukraine, Belarus, as well as with representatives of the constitutional control bodies of other countries, where were discussed the issues of constitutionalism and protection of human and civil rights and freedoms.

 

From 3rd till 6th of July 2013, by invitation of the Chairman of Constitutional Court of the Republic of Armenia with the purpose of participation in the work of the Yerevan European conference on the theme: "European standards of the supreme of law and the limits of the discretion of the authorities in the member states of the Council of Europe", was held a working visit of judge of Constitutional Court of the Republic of Tajikistan, Mrs. Zoirova Sh. U to the city of Yerevan, Republic of Armenia. During the work of that international conference, took parts representatives of the constitutional courts and public authorities of different countries. In the course of the event, were heard the presentations of participants on various directions of constitutional control activity and were discussed various issues on this matter.

 

 

On June 20th, 2010, in honor of the National Unity Day, was held a round table in the courtroom of Constitutional Court of the Republic of Tajikistan, on the theme: "National Unity and its role in strengthening of state independence", where participated the representatives of the Executive Office of the President of the Republic of Tajikistan, the Supreme Court, General Prosecutor's Office, the Council of Justice, Academy of sciences, National Center of Legislation under the President of the Republic of Tajikistan, the Commissioner for Human Rights in the Republic of Tajikistan, as well as the representatives of other ministries and departments. The Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Makhmudov, delivering a welcome speech, congratulated the audience with the remarkable holiday - Day of National Unity, and noted that the General Agreement on the Establishment of Peace and National Accord in Tajikistan was signed due to the efforts of the President of the Republic of Tajikistan, H.E. Mr. Emomali Rahmon, and it is an important political document in the history of modern statehood that laid the legal foundation for stability and national unity in the country. During the work of the round table on the role and significance of the General Agreement on the Establishment of Peace and National Accord in Tajikistan, delivered presentations the representatives of the Supreme Court, General Prosecutor's Office, the Academy of sciences, Council of Justice, the National Centre of Legislation under the President of the Republic of Tajikistan, the Commissioner of Human Rights in the Republic of Tajikistan and other participants.

 

 

 

On 12th – 15th of June 2013, was held an international conference on the death penalty in Madrid, Spain, where participated the representatives of various governmental agencies and international organizations from more than fifty different countries. The Republic of Tajikistan was presented in that international conference by the following persons: the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Makhmudov, the State Advisor to the President of the Republic of Tajikistan on legal policy, Mr. Djumahon Davlatov and the Commissioner for Human Rights in the Republic of Tajikistan, Mr. Alizoda Zarif. During this international conference were discussed and considered various issues relating to the death penalty, which is considered one of the types of criminal punishment provided by the criminal law for the committing of most serious crimes.

 

 

On June 5th, 2013, with the purpose of commentation (explaination) of the Message of the President of the Republic of Tajikistan to parliament (Majlisi Oli) from 26th of April 2013, took place a working visit to Kulyab city of Tajikistan of the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudov and Director of the Institute of philosophy, political sciences and law, academy of sciences of the Republic of Tajikistan, Mr. Abdulvohid Shamolov. During visit was held a meeting with the participation of the city's population, representatives of local public authority, as well as teachers and students of the State University of Kulyab. During this meeting, it was explained about the Message of the President of the Republic of Tajikistan on the main directions of domestic and foreign policy of the supreme representative and legislative body of the country and it was noted that the implementation of the provisions of the Message facilitates the timely resolution of a number of important socio-economic, cultural and political issues. Within the meeting, the participants discussed various directions of the President's message to the legislative body, and were submitted answers to many interesting questions of the audience.

 

 

On May 14th, 2013, within the framework of implementation of p. 9 of the Program of judicial and legal reform in the Republic of Tajikistan for 2011-2013, approved by the Decree of the President of the Republic of Tajikistan from January 3rd, 2011, was held a seminar in Dushanbe city on discussion of draft constitutional Law "On the Constitutional Court of the Republic of Tajikistan" prepared by the working group and with account of the experience of modern legislation and constitutional courts of the world, as well as the practice of the Constitutional Court of the Republic of Tajikistan for the period of 18 years. During the work of the seminar were widely discussed issues related to the draft constitutional Law. The seminar was attended by the Chairman of Constitutional Court of the Republic of Armenia, the Chairman of the Conference of constitutional control bodies of new democracy’s countries, Mr. Arutunian Gagik Garushevich, and by the representatives of the Executive Office of the President of the Republic of Tajikistan, representatives from the judiciary power of the country, various governmental authorities of the Republic of Tajikistan, as well as scientists jurists. The Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudov delivered a welcome speech on behalf of Constitutional Court, expressed special gratitude to the President of the Republic of Tajikistan, H.E. Mr. Emomali Rahmon for comprehensive support and cooperation that facilitates to the development of constitutional control body of the country, and thanks to that the Constitutional Court of Tajikistan shall carry out its productive activity for the benefit of ensuring the supremacy of Constitution and protection of human and civil rights and freedoms. Within the framework that event, was signed a Memorandum of Cooperation between the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Mahmudov and the Chairman of Constitutional Court of the Republic of Armenia, Mr. Gagik Garushevich Arutyunyan. This memorandum as an historical document, will lay a legal basis for the development of bilateral relations between two independent judiciary bodies. This legal act provides an opportunity to the parties, in accordance with the national legislation of these two states, to develop cooperation through the exchange of experience and information about the normative - legal and judicial acts concerning the activities of constitutional control bodies. The development of permanent cooperation of Constitutional Court of the Republic of Tajikistan with constitutional control bodies of other states, promotes to the improvement of operation of this independent body of judiciary power as a new institution of a democratic state and ensuring the supremacy of Constitution, as well as protection of human and civil rights and freedoms, not only inside, but outside of it.

 

CHAIRMAN OF CONSTITUTIONAL COURT OF THE REPUBLIC OF TAJIKISTAN

Mr. MAHKAM MAHMUDOV IS AWARDED AN HONORARY DEGREE "DOCTOR OF LAW" BY THE STATE UNIVERSITY OF ITALY "LA SAPIENZA" AND AWARDED AS WELL AS BY ENGRAVED HONORARY MEDAL OF MUNICIPALITY OF ROME

On 19 – 20th of April, 2013, within the framework of official invitation by the State University of Italy, "La Sapienza" and by the Mayor of the city of Rome took place a working visit of the Chairman of Constitutional Court of Republic Tajikistan, academician of the Academy of Sciences of Tajikistan, Doctor of Law, Professor,

Mr. Mahmudov M.A to the city of Rome for participation in the international seminar XXXIII. During the official opening ceremony of this international event, where participated representatives of various countries of the world, the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahmudov M. A. delivering an opening speech, stressed the role of Rome law in the development of private, in particularly, modern, civil law system. Within the held event, for making a worthy contribution to the development of international collaboration between scientists and legal scholars of Tajikistan and Italy, as well as made contribution to the development of Rome law in the modern system of private law, Chairman of Constitutional Court of Republic Tajikistan, academician of the Academy of Sciences of Tajikistan, Professor, Mr. Mahmudov M. A. was solemnly awarded an honorary degree of "Doctor of Law" by the State University of Italy "La Sapienza", which is one of the best universities in Italy, formed in 1303 and is considered the largest and most influential academic center.

The Chairman of Constitutional Court of Republic Tajikistan, Mr. Mahmudov M. A. was also awarded an engraved medal by the Municipality of the Rome city. The State University of Italy "La Sapienza" is considered as one of the most famous and influential universities in Italy. The Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahmoudov M. A. is the first legal scholar among the states of the Commonwealth of Independent States, which was awarded by the honorary degree of "Doctor of law."

The Chairman of Constitutional Court of Republic Tajikistan, Mr. Mahmoudov M. A. is the author of more than 50 books and 300 scientific and popular articles, over twenty of which have been translated into Italian and found his readers. Thus, within the framework of the working visit, took place bilateral meeting of the Chairman of Constitutional Court of Republic of Tajikistan, Mr. Makhmudov M. A. with Leadership of the Constitutional Court of Italy, during which they discussed the most important issues of constitutional control bodies of the two friendly countries, and both sides expressed their readiness to deepen bilateral mutually beneficial cooperation.

 

 

On March 28, 2013, in Constitutional Court of the Republic of Tajikistan, under the Presidency of the Chairman of Constitutional Court of the Republic of Tajikistan, Mr. Mahkam Makhmudov was held the proceedings over the request of citizen Turaev Mulohasan Mirzoevich "On determining of compliance of paragraph 4 of the Rules of certification and registration of patent attorneys of the Republic of Tajikistan adopted from June 2, 2009 and included amendments made from September 25, 2012, its conformity to the second part of Article 12 and the first and second parts of Article 35 of the Constitution”. The proceedings was attended by the Plenipotentiary Representative of the Apparatus of President of the Republic of Tajikistan, the representatives of the General Prosecutor's Office, the Ministries of Economic Development and Trade, Justice, Labour and Social Welfare and Culture of the Republic of Tajikistan, representatives from the Agency for State Financial Control and Combating Corruption, as well as representatives of other ministries and departments. In accordance with paragraph 4 of the above-mentioned Rules and in conformity of which “the officials and employees of the Patent Office within three years after the dismissal can not be certified and registered in the Register as a patent attorney", the Constitutional Court of the Republic of Tajikistan notes that the state guarantee of freedom of entrepreneurship is the most important political, social, legal and economic achievement of the Republic of Tajikistan. This guarantee begins from the various forms of property on which is based the economy of Tajikistan, as well as equal rights and legal protection of all forms of property, including private property and without its implementation can not be feasible to establish a social society and a market economy, its competitiveness in the arena of international economic relations. Entrepreneurial activity is a measure of free enterprise and one of the main and most important economic human and civil rights, as well as the basic element of the constitutional principle of economic freedom and the most important thing that it is recognized as an opportunity and a means of realizing the constitutional human and civil rights to work. In this connection, the constitutional human and civil rights and freedoms may be limited only by the Constitution and laws. On this basis, the Constitutional Court by its resolution has recognized, the paragraph 4 of the Rules of certification and registration of patent attorneys of the Republic of Tajikistan not corresponding to the second part of Article 12 and the first and second parts of Article 35 of the Constitu

 
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