09:52:40 - 16.12.2018

 

Founder of Peace and National Unity,

Leader of the Nation, President of the Republic of Tajikistan,

His Excellency Emomali Rahmon

 

THE CONSTITUTIONAL LAW OF THE REPUBLIC OF TAJIKISTAN ON CONSTITUTIONAL COURT OF THE REPUBLIC OF TAJIKISTAN

 

THE CONSTITUTIONAL LAW OF THE
REPUBLIC OF TAJIKISTAN

ON CONSTITUTIONAL COURT OF THE
REPUBLIC OF TAJIKISTAN

(Akhbori Majlisi Oli of the Republic of Tajikistan, 2014, №7,
part 1, article 379; The Law of the Republic of Tajikistan,
18. 03. 2015, №1175)

This Constitutional Law regulates the order of formation and activities of the Constitutional Court of the Republic of Tajikistan, election, recall and resignation of a judge of the Constitutional Court of the Republic of Tajikistan, constitutional proceedings, as well as other relations connected with the activities of the Constitutional Court of the Republic of Tajikistan.

CHAPTER 1. GENERAL REGULATIONS

Article 1. The Constitutional Court of Republic Tajikistan

The Constitutional Court of Republic of Tajikistan is an independent body of judicial authority for constitutional supervision, established for the purposes of assurance of the supremacy and direct actions of the norms of the Constitution of the Republic of Tajikistan.

Article 3. The Legislation of the Republic of Tajikistan on the Constitutional Court of the Republic of Tajikistan

The legislation of the Republic of Tajikistan on the Constitutional Court of the Republic of Tajikistan is based on the Constitution of the Republic of Tajikistan and consists of the present Constitutional Law, other normative legal acts of the Republic of Tajikistan.

Article 3. Equality of All before the Law and Court

Justice is administered by the Constitutional Court of the Republic of Tajikistan based on equality of all before the law and court, irrespective of nationality, race, sex, religion, political position, social status, education and property.

Article 4. Equality of Judges of the Constitutional Court of the Republic Tajikistan

Judges of the Constitutional Court of the Republic of Tajikistan have equal rights in considering cases.

Article 5. The Procedure for Consideration of Cases in the Constitutional Court of the Republic of Tajikistan

1. Consideration of cases, acceptance of judicial decisions, consideration of the suspension of the powers of the judges of the Constitutional Court of the Republic of Tajikistan and other issues stipulated by the present Constitutional Law, carried out by the Constitutional Court of the Republic of Tajikistan jointly composed of at least two thirds of the total number of judges.

2. Legal acts of the Constitutional Court of the Republic of Tajikistan are adopted by a majority vote of the judges that participated in the trial.

Article 6. Limits of Consideration of Cases in the Constitutional Court The Republic of Tajikistan

1. The Constitutional Court of the Republic of Tajikistan defines and decides questions of law only.

2. If the Constitutional Court of the Republic of Tajikistan considers that the normative legal act does not comply with the Constitution of the Republic of Tajikistan, not limited to the framework of the application and submission of the applicant, can simultaneously annul other legal acts adopted on the basis of normative legal act recognized as unconstitutional, or exactly repeating this act, or containing the circumstances specified in the application.

CHAPTER 2. STRUCTURE OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF TAJIKISTAN AND THE PROCEDURE OF ITS ELECTION

Article 7. Structure of the Constitutional Court of the Republic of Tajikistan

1. The Constitutional Court of the Republic of Tajikistan consists of seven judges, one of which is the representative of Gorno-Badakhshan Autonomous Region.

2. The Constitutional Court of the Republic of Tajikistan has the right to start its activities on the condition that at least two thirds of its members are elected.

Article 8. The Procedure for Election of the Chairman, Deputy Chairman and Judges of the Constitutional Court of the Republic of Tajikistan and Requirements to them

1. Chairman, the Deputy Chairman and Judges of the Constitutional Court of the Republic of Tajikistan shall be elected by the Majlisi Milli of the Majlisi Oli of the Republic of Tajikistan on representation of the President of the Republic of Tajikistan.

2. To the post of a judge of the Constitutional Court of the Republic of Tajikistan shall be elected a citizen of the Republic of Tajikistan, who has a higher law degree, not younger than 30 and no older than 65 years old, have the experience of work over 10 years in the profession.

3. The judge of the Constitutional Court of the Republic of Tajikistan should know the state language.

Article 9. The Term of Office of Judges of the Constitutional Court the Republic of Tajikistan

1. A judge of the Constitutional Court of the Republic of Tajikistan shall be elected for a term of 10 years.

2. If the term of office of a judge of the Constitutional Court of the Republic of Tajikistan expires during the proceedings with his participation, his powers are preserved pending the outcome of the case.

Article 10. The Oath of a Judge of the Constitutional Court of the Republic of Tajikistan

The person first elected as a Judge of the Constitutional Court of the Republic of Tajikistan, after the election at the session of the Majlisi Milli of the Majlisi Oli of the Republic of Tajikistan takes the oath as follows: “I solemnly swear that will faithfully and honorably fulfill my duties, staunchly observe and protect the Constitution of the Republic Tajikistan, while obeying only the Constitution of the Republic of Tajikistan.”

CHAPTER 3. THE LEGAL STATUS OF JUDGES OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF TAJIKISTAN

Article 11. Independence of Judges of the Constitutional Court of the Republic of Tajikistan

1. Judges of the Constitutional Court of the Republic of Tajikistan shall be independent in their activities and are subject to the Constitution of the Republic of Tajikistan and to this Constitutional Law and other legal acts of the Republic of Tajikistan only. They assess the evidence according to their inner conviction.

2. Interference in their activity, as well as influence on them in any form, with the purpose of hindrance of their activity, shall not be permitted.

3. The Judge of the Constitutional Court of the Republic of Tajikistan does not have the right, until completion of the examination of the case and adoption of appropriate decision, to express an opinion on the compliance or non-compliance to the Constitution the law, other regulation or legal acts of guiding explanations of the plenums of the Supreme Court and the Supreme Economic Court of the Republic of Tajikistan, to express an opinion or give advice on the issues that are under consideration in the Constitutional Court of the Republic of Tajikistan and nobody has the right to demand that the judge of the Constitutional Court commit such acts.

4. A judge of the Constitutional Court of the Republic of Tajikistan cannot perform other duties, be a deputy of representative bodies, be a member of political parties and organizations, and do business except scientific, creative and educational activities.

5. It is prohibited to deprive the powers of a judge of the Constitutional Court of the Republic of Tajikistan, limit his powers, recall from office, except as provided by the Constitution and the present Constitutional law.

6. The Constitutional Court of the Republic of Tajikistan and its judges in their activities on constitutional legal proceedings (hereinafter – legal proceedings) are not accountable to any person or entity.

Article 12. Immunity of a Judge of the Constitutional Court of the Republic of Tajikistan

1. The judge of the Constitutional Court of the Republic of Tajikistan shall possess the immunity right.

2. The inviolability of judges of the Constitutional Court of the Republic of Tajikistan applies to his life, honor and dignity, residential and office space, located on its use of vehicles and communication facilities, as well as correspondence, documents and things.

3. The judge of the Constitutional Court of the Republic of Tajikistan cannot be held criminally or administratively liable, arrested and placed under house arrest, without the consent of the Majlisi Milli of the Majlisi Oli.

4. Criminal case and case on administrative offence against a judge of the Constitutional Court of the Republic of Tajikistan are initiated only by the Prosecutor General of the Republic of Tajikistan. Criminal case and case on administrative offence against a judge of the Constitutional Court of the Republic of Tajikistan is considered by the Supreme Court of the Republic of Tajikistan.

5. Forced procedural measures in the form of arrest and house arrest of judges of the Constitutional Court of the Republic of Tajikistan, temporary removal from office, home inspection, search of home and office cabinet, seizure, listening and recording of telephone and other conversations, arrest of correspondence and its seizure and withdrawal, searches and withdrawal of objects, documents with information on deposits and bank accounts, the arrest of funds judges of the Constitutional Court of the Republic of Tajikistan, held in accounts and deposits or in storage banks or credit organizations is available upon request of the prosecutor or investigator with the consent of the Attorney General of the Republic of Tajikistan and the permission of the Supreme Court of the Republic of Tajikistan.

6. Detention, forced drive, the personal search of a judge of the Constitutional Court of the Republic of Tajikistan, inspection of property, vehicles used and the means of communication permitted only at his arrest during committing a crime, and in other cases, carried out in accordance with the legislation of the Republic of Tajikistan, only in connection with opening a criminal case against a judge of the Constitutional Court of the Republic of Tajikistan.

7. The judge of the Constitutional Court cannot be subjected to any measures of influence for opinion expressed by him during the Constitutional legal proceedings.

Article 13. Suspension of Powers of a Judge of the Constitutional Court of the Republic of Tajikistan

1. Powers of a judge of the Constitutional Court of the Republic of Tajikistan can be suspended by the Constitutional Court in cases, if:

– the judge of the Constitutional Court of the Republic of Tajikistan is elected with violation of the established order;

– in accordance with the legislation of the Republic of Tajikistan the judge of the Constitutional Court of the Republic of Tajikistan is dismissed;

– in accordance with established procedure, a consent is given to bringing him to criminal liability.

2. The authority of the judge of the Constitutional Court of the Republic of Tajikistan is suspended by the decision of the Constitutional Court of the Republic of Tajikistan until falling away the grounds specified in paragraph 1 of this article.

Article 11. Withdrawal of the Judge of the Constitutional Court of the Republic of Tajikistan

Withdrawal of the judge of the Constitutional Court of the Republic of Tajikistan is carried out by Majlisi Milli of the Majlisi Oli of the Republic of Tajikistan on representation of the President of the Republic of Tajikistan, in the following cases:

– at his own request;

– satisfaction of the written request of the judge of the Constitutional Court of the Republic of Tajikistan about resignation;

– presence of the verdict of guilty of the Supreme Court of the Republic of Tajikistan which have come into force;

– on the basis of an enforceable court decision recognizing him as incapable, partially incapable, untraceable missing or dead;

– death of the judge;

– employment of the judge in the activity incompatible with his post;

– termination the citizenship of the Republic of Tajikistan;

– exit from the Republic of Tajikistan for permanent residence;

– performing a deed discrediting honor and dignity of the judge;

– absence of the judge the Constitutional Court of the Republic of Tajikistan in sessions without any excuse two or more times successively or his evasion from voting over adopted decisions;

– inability to serve as a judge for health or other valid reasons for a long time (not less than four months at a time);

– expiry of the term power;

– retirement;

– violation of established by the legislation of the Republic of Tajikistan of the order on regulation of traditions, celebrations and ceremonies.

Article 15. Resignation of a Judge of the Constitutional Court of the Republic of Tajikistan

1. The resignation of a judge of the Constitutional Court of the Republic of Tajikistan is an honorable withdrawal from the post of judge. A judge in retirement retains the title of judge of the Constitutional Court of the Republic of Tajikistan, his personal immunity and affiliation to judicial community is guaranteed and he shall be issued the certificate of the retired judge of the Constitutional Court of the Republic of Tajikistan.

2. The Judge of the Constitutional Court of the Republic of Tajikistan is considered to have resigned if it is revoked on the following grounds:

– in connection with satisfaction of his written application for resignation;

– expiry of the term of his powers;

– the entry into force of a court decision recognizing him as incapable or partially capable;

– inability to perform his duties for a long time (at least four consecutive months) for health or other valid reasons.

3. The judge of the Constitutional Court of the Republic of Tajikistan has the right to resign voluntarily. The retired judge of the Constitutional Court of the Republic of Tajikistan, having thirty-five years of total experience in the legal profession, including at least fifteen years of experience as a judge of the Constitutional Court of the Republic of Tajikistan, shall be paid a monthly life annuity equal to sixty per cent of the wage of the Constitutional Court judges the Republic of Tajikistan. Monthly life annuity increases in the amount of one percent of the salary of the judge of the Constitutional Court for each year of service as a judge of the Constitutional Court of the Republic of Tajikistan, but cannot exceed sixty-five per cent of the salary of judge of Constitutional Court of the Republic of Tajikistan.

4. Working as Head of the Executive Office of the President of the Republic of Tajikistan, the Attorney General of the Republic of Tajikistan, the Minister of Justice of the Republic of Tajikistan, the Chairman of the Council of Justice of the Republic of Tajikistan and their deputies, deputies of the Majlisi Namoyan­dagon of the Majlisi Oli of the Republic of Tajikistan and the Assistant to the President of the Republic of Tajikistan on legal policy is included in the experience as Judges of the Constitutional Court of the Republic of Tajikistan, if they earlier have not less than five years worked as a judge of the Constitutional Court.

5. Judge of the Constitutional Court of the Republic of Tajikistan, upon retirement, is paid a lump sum of three months’ salary.

6. Payment of monthly life pension or a judge of the Constitutional Court of the Republic of Tajikistan is carried out at the expense of the republican budget.

CHAPTER 4. THE COMPETENCE OF THE CHAIRMAN, DEPUTY CHAIRMAN AND THE JUDGE-SECRETARY OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF TAJIKISTAN

Article 16. The Competence of the Chairman of the Constitutional Court of the Republic of Tajikistan

1. The Chairman of the Constitutional Court of the Republic of Tajikistan:

– manages organizational activities of the Constitutional Court of the Republic of Tajikistan;

– supervises over preparation of proceedings of the Court, convokes the proceedings and presides over them;

– submits for discussion issues to be addressed in court proceedings;

– annually sends the Message of the Constitutional Court of the Republic of Tajikistan to the President of the Republic of Tajikistan, to the Majlisi Milli and Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan on the condition of the Constitutional legality in the republic;

– represents the Constitutional Court in relation with the state and public bodies, the enterprises, establishments, the organizations and officials;

– defines duties of the Deputy Chairman of the Constitutional Court of the Republic of Tajikistan;

– organizes the work of judges of the Constitutional Court of the Republic of Tajikistan;

– provides overall management of the staff of the Constitutional Court of the Republic of Tajikistan;

– takes measures for preservation of state property transferred to the Constitutional Court of the Republic of Tajikistan in use;

– takes measures to strengthen the fight against corruption and observance of the Code of Ethics of the judges of the Republic of Tajikistan;

– submits for approval to the Constitutional Court its rules;

– provides for the adoption of the Constitutional Court of the Republic of Tajikistan the rules and procedures of the Constitutional Court of the Republic of Tajikistan;

– it presents the candidature of Judge–Secretary of the Constitutional Court of the Republic of Tajikistan from among the judges of the Constitutional Court of the Republic of Tajikistan;

– takes measures to ensure the safety of the participants of the court session;

– represents judges of the Constitutional Court of the Republic of Tajikistan to the state awards of the Republic of Tajikistan and awarding them qualification classes;

– employs and dismisses employees of the Constitutional Court of the Republic of Tajikistan, presents them to the state awards of the Republic of Tajikistan, encourages them class and qualification ranks;

– signs the proceeding acts and the protocols of court proceedings;

– carries out other powers identified by the present Constitutional Law and other legal normative acts of the Republic of Tajikistan.

2. The Chairman of the Constitutional Court of the Republic of Tajikistan within the limits of the powers issues instructions and orders.

3. The Chairman of the Constitutional Court can be present at joint sessions of Majlisi Mili and Majlisi Namoyandagon of Majlisi Oli of the Republic of Tajikistan, sessions of Majlisi Milli of Majlisi Oli of the Republic of Tajikistan, Majilisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan, the Government of the Republic of Tajikistan, other state and public organs, plenums of the Supreme Court and the Higher Economic Court, of the Republic of Tajikistan.

Article 17. The Competence of the Deputy Chairman of the Constitutional Court of the Republic of Tajikistan

Deputy Chairman of the Constitutional Court of the Republic of Tajikistan takes part in the proceedings, replaces the Chairman of the Constitutional Court of the Republic of Tajikistan in his absence and in accordance with the division of responsibilities, performs other duties related to the activities of the Constitutional Court of the Republic of Tajikistan.

Article 18. The Competence of the Judge-Secretary of the Constitutional Court of the Republic of Tajikistan

1. The Judge-Secretary of the Constitutional Court of the Republic of Tajikistan shall be elected by the Constitutional Court of the Republic of Tajikistan from among the judges of the Constitutional Court.

2. The Judge-Secretary of the Constitutional Court of the Republic of Tajikistan alongside with execution of duties of the judge of the Constitutional Court:

– carries out organizational work on preparation of sessions of the Constitutional Court and takes the measures necessary for execution by the Constitutional Court of decisions;

organizes work for timely execution of the minutes of the court hearings;

– signs legal acts and court minutes;

– organizes sending copies of adopted legal acts to corresponding bodies, enterprises, offices and other organizations, officials and citizens to whom them belong;

e) Carries out other powers according to the present Constitutional Law.

CHAPTER 5. THE MAIN PRINCIPLES OF PROCEDINGS IN THE CONSTUTITUIONAL COURT OF THE
REPUBLIC OF TAJIKISTAN

Article 19. Openness of Proceedings before the Constitutional Court the Republic of Tajikistan

1. Investigation of cases in the Constitutional Court of the Republic of Tajikistan occurs openly, except for cases when it contradicts the interests of protection of the state secret, safeguarding the safety of citizens, integrity of their private life and protection of public morals.

2. Decisions of the Constitutional Court in all cases are proclaimed publicly.

3. With the permission of the Constitutional Court of the Republic of Tajikistan it may be allowed to use the devices of photographing, audio and video recordings, listening and showing the progress of the court session on radio and television.

Article 20. The Immediacy of Consideration of the Cases by the Constitutional Court of the Republic of Tajikistan

1. The Constitutional Court has not the right to make a decision in essence of the cases without their direct consideration in the order established by the present Constitutional Law.

2. Judges of the Constitutional Court personally participate in legal investigation from the moment of opening and till its closing.

3. Nobody of judges has the right to evade from legal investigation without due reason.

4. Inability of a judge of the Constitutional Court of the Republic of Tajikistan to participate in further consideration of the case does not prevent the court hearing in the case of presence of a sufficient number of judges of the Constitutional Court of the Republic of Tajikistan.

5. During meeting of the Constitutional Court of the Republic of Tajikistan none of the judges participating in session has the right to abstain from voting. Each judge is obliged to express personally his opinion on case prior to announcement of the decision.

Article 21. Equality of Parties of the Proceedings

1. The trial in the Constitutional Court of the Republic of Tajikistan takes place on the basis of competitiveness and equality of the parties.

2. The Parties to proceedings have equal rights to the statement of rejections and requests, participation in their research, the presentation of evidences, presentation to the court their arguments and explanations, participate in court pleadings, the implementation of other procedural rights and obligations under the present constitutional Law.

Article 22. Oral Proceedings

The hearings are conducted orally. The Constitutional Court of the Republic of Tajikistan during the proceedings have to hear the explanations and statements of participants of the court session, testimony of the witnesses, experts, expert opinion, read out available in the case and presented by the participants of the court session documents, expert opinions, reports and other written evidences.

Article 23. Language of the proceedings

1. The process of the Constitutional Court of the Republic of Tajikistan and the presentation and declaration of adopted acts happens in the state language of the Republic of Tajikistan.

2. To the persons participating at session who do not know the state language of legal proceedings, the Constitutional Court of the Republic of Tajikistan provides translation of process of legal proceedings into their native language or language, which they know.

3. For the persons participating in case, witnesses, specialists, the experts who do not know the language of legal proceedings, can give an explanation on their native language or on the language which they know, and use the service of a translator.

4. Minutes of the hearing at the Constitutional Court of the Republic of Tajikistan are written in the official language.

Article 24. Secrecy of Deliberations of the Judges of the Constitutional Court the Republic of Tajikistan

1. During the discussions of judges of the Constitutional Court of the Republic of Tajikistan in the conference room, where cases decided on the merits, the presence of unauthorized persons are not permitted.

2. Divulging of judgments that took place during a meeting of judges is not allowed.

Article 25. The Solemnity of the Proceedings in the Constitutional Court of the Republic of Tajikistan

1. The proceedings of the Constitutional Court of the Republic of Tajikistan conducted openly, in a festive atmosphere, with observance of all the requirements of court etiquette.

2. Those present in the courtroom shall be obliged to obey the instructions of the presiding on the observance of the order of the court session.

3. When entering and leaving the judges of the Constitutional Court of the Republic of Tajikistan in the courtroom all persons present rise.

4. Each participant in the proceedings, referring to the court, speaking, giving clarifications and explanations, testimony, deliver a speech standing. Appeal to the judge or judges of the Constitutional Court of the Republic of Tajikistan begins with “Dear (s) judge or judges... “

5. The decisions and conclusions of the Constitutional Court of the Republic of Tajikistan on the merits shall be made on behalf of the Republic of Tajikistan and the audience is expected to stand.

Article 26. Rejection and Self-rejection of a Judge of the Constitutional Court the Republic of Tajikistan

1. A judge of the Constitutional Court of the Republic of Tajikistan may be challenged to participate in the proceedings in the cases if:

– he previously due to his duties was involved in making normative legal act, which is the subject of the discussions of the Constitutional Court of the Republic of Tajikistan;

– He is a relative of one of the parties or a relative of a representative directly or indirectly interested in the result of the decision of the case, or there are other circumstances that may call into question its objectivity and impartiality.

2. Rejection and self-rejection of a judge of the Constitutional Court of the Republic of Tajikistan may be declared by the parties of the legal proceeding and by the judge in all stages of the proceedings.

3. Rejection and self-rejection of a judge of the Constitutional Court of the Republic of Tajikistan is adopted by the majority present in the meeting of the judges by adopting an appropriate definition. In case of equal votes, the judge is considered rejected.

4. Rejection and self-rejection of a judge of the Constitutional Court of the Republic of Tajikistan, which is announced at the hearing, is decided in the deliberation room without the participation of the rejected judge. The rejected judge shall have the right before moving judges to the deliberation room publicly present his explanation on the issue of his rejection.

5. Rejection or self-rejection of all members of the Constitutional Court of the Republic of Tajikistan is not allowed.

CHAPTER 6. PARTICIPANTS OF PROCEEDINGS,
THEIR RIGHTS AND DUTIES

Article 27. Participants of the Proceedings

1. Participants of the proceedings are considered the parties and their representatives, witnesses, experts and interpreters.

2. Representatives of other enforcement government agencies related to the disputed normative legal acts may be invited to the proceedings. With the permission of the Constitutional Court of the Republic of Tajikistan, they express their opinion on the disputed legal act.

Article 28. Participants and their Representatives

1. Participants in the proceedings are:

– applicants-entities that in accordance with Article 40 of the present Constitutional Law have the right to appeal to the Constitutional Court of the Republic of Tajikistan;

– authorities and officials, who accepted, approved and signed a law or other regulatory legal act subject to verification for compliance with the Constitution of the Republic of Tajikistan;

state bodies whose competence is challenged.

2. A representative is a person who protects the rights and interests of the parties in the Constitutional Court of the Republic of Tajikistan.

3. As the representatives of the parties in the hearing may participate attorneys, experts and other persons, the terms of reference of which is determined by the power of attorney issued by the parties.

4. The parties may have several representatives.

5. Representatives of the parties in the Constitutional Court of the Republic of Tajikistan by virtue of their position are:

– the head of the body, appealed to the Constitutional Court of the Republic of Tajikistan;

– the head of the body, the official who participated and approved or signed a normative legal act in respect of which raised the question of determining its compliance with the Constitution of the Republic of Tajikistan.

Article 29. The Rights and Responsibilities of Parties and their Representatives

1. Participants and their representatives within the limits of powers have equal procedural rights and can:

– get acquainted with all the materials prepared in the course of preparation for the proceeding on the reviewed case, make extracts from them, make copies, represent proofs, participate in study of proofs, represent their reasons and consideration on all issues arising during court proceedings.

– submit a written request, provide oral or written explanations to the judges, and express their opinion on requests;

– give explanations in their native language or in a language, which they know, use the service of an interpreter;

– ask questions to the other parties, witnesses, experts and specialists;

– participate in the pleadings and come up with a final speech on the subject;

– change the grounds or the subject of their claims, increase or decrease their volume, renounce the requirements before the court’s leave to the deliberation room;

– request for clarification of the decision of the Constitutional Court of the Republic of Tajikistan;

– recognize the charges against them fully or in partially or to oppose them.

2. Parties and their representatives are obliged to:

– show up on the call of the Constitutional Court of the Republic of Tajikistan;

– treat respectively each other in court hearing and the Constitutional Court rules and procedures, answer the questions of presiding judges and participants of the court session;

– obey the orders of the presiding on compliance with the order at the hearing;

– accurately and truthfully state the circumstances of the case known to them, and present evidence and prove the circumstances to which they referred to as the basis of their claims and objections.

Article 30. Witness

1. If necessary, the Constitutional Court of the Republic of Tajikistan at the request of the parties and their representatives may call a witness. A witness can be a person who knows the evidence or proofs about the circumstances of the case.

2. The witness is warned about criminal liability for perjury or failure to appear at the call of the court or refusal to testify.

3. The witness is required to appear at the hearing, give information known to him on the matter, provide the necessary documents and answer the questions of judges and members of the court session.

Article 31. Expert

1. As an expert in the Constitutional Court of the Republic of Tajikistan may be called a person having the appropriate knowledge and skills in science and technology, art, or other types of specialties that can provide explanations on the matter under consideration. The question to which the expert has to give his conclusions, is determined by a judge making a report or by the Constitutional Court of the Republic of Tajikistan.

2. An expert is warned about criminal liability for knowingly giving false conclusion or refusal to appear for in the court or refusal to give conclusions.

3. An expert is entitled to familiarize with the case materials, ask questions to the parties and witnesses, and submit petitions for additional materials, record or copy the information required to him for giving conclusion.

4. After reading the conclusion an expert must answer the additional questions of the presiding, judges, the parties and participants in the trial.

Article 32. Specialist

1. As a specialist to the Constitutional Court of the Republic of Tajikistan is invited a person that have special knowledge and experience on specific issues.

2. The specialist for the purpose of giving explanations and forming his opinion has the right to get acquainted with the case materials, ask questions to other participants of the court hearing in a court session with the permission of the presiding officer.

3. In case of failure to appear without good reason or evade from fulfilling his duties the specialist is subject to criminal liability under the laws of the Republic of Tajikistan.

Article 33. Translator

1. A person as an interpreter at the hearing is invited who fluently know the language and is able to speak and translate into the national language and the language of the trial participants who do not speak the language of the trial.

2. The translator is obliged to appear when summoned by the Constitutional Court of the Republic of Tajikistan, fully and accurately translate the materials assigned to him.

3. In case of failure to appear at the hearing, or to fulfill the responsibilities entrusted to him, or knowingly incorrect translation, the translator is subject to criminal liability under the laws of the Republic of Tajikistan.

CHAPTER 7. COMPETENCE OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF TAJIKISTAN

Article 34. Competence of the Constitutional Court of the Republic of Tajikistan

1. The Constitutional Court of the Republic of Tajikistan has the constitutional authority provided in Article 89 of the Constitution of the Republic of Tajikistan and the present Constitutional Law.

2. The Constitutional Court of the Republic of Tajikistan considers the cases on the conformity with the Constitution of the Republic of Tajikistan:

– laws, joint resolutions of Majlisi Milli of Majlisi Oli of the Republic of Tajikistan and Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan, normative legal acts by the Majlisi Milli of Majlisi Oli of the Republic of Tajikistan, Majlisi Namoyandagon of the of Majlisi Oli of the Republic of Tajikistan, President of the Republic of Tajikistan, the Government of the Republic of Tajikistan, guiding explanations of the plenums of the Supreme Court of the Republic of Tajikistan and the Higher Economic Court of the Republic of Tajikistan;

– have not entered into legal force of international treaties of the Republic of Tajikistan;

– normative legal acts of ministries, state committees and other state bodies;

– normative legal acts of majlisis of people’s deputies of the Gorno-Badakhshan Autonomous Region, regions, the city Dushanbe, and the chairmen of Gorno-Badakhshan Autonomous Region, regions and the city of Dushanbe;

– normative legal acts of the majlisis of people’s deputies of cities, districts and chairmen of cities and districts;

– normative legal acts of the self-government of towns and villages.

3. The Constitutional Court of the Republic of Tajikistan is also considers:

– the projects of changes and amendments to the Constitution of the Republic of Tajikistan, bills and other issues submitted to a national referendum;

– disputes between the government authorities with regard to their competences;

– the application of the citizens on conformity with the Constitution of the Republic of Tajikistan a law, other legal act, governing explanations of the plenums of the Supreme Court and the Higher Economic Court of the Republic of Tajikistan, used by state or public bodies, as well as the courts in respect to them in a particular case, violating, in their opinion their constitutional rights and freedoms;

– exercises other powers defined by the Constitution of the Republic of Tajikistan, the present Constitutional Law and other legislative acts of the Republic of Tajikistan.

4. The Constitutional Court of the Republic of Tajikistan shall adopt conclusions in the case of the treason of the President of the Republic of Tajikistan.

Article 35. Other Powers of the Constitutional Court of the Republic of Tajikistan

1. The Constitutional Court of the Republic of Tajikistan at its meetings:

– adopts regulations of the Constitutional Court of the Republic of Tajikistan;

– discusses and adopts the text of the annual Message of the Constitutional Court of the Republic of Tajikistan on the condition of constitutional legality;

– elects the Secretary of the Constitutional Court of the Republic of Tajikistan;

– decides the issue on suspension of the powers of a judge of the Constitutional Court of the Republic of Tajikistan;

– decides the issue on imposition of fines and other measures against those who violate the judicial process;

– considers the activity of the Constitutional Court of the Republic of Tajikistan and takes appropriate decisions;

– decides issues on the promotion and representation of judges of the Constitutional Court of the Republic of Tajikistan and the employees of his office to the state awards;

– approves the composition and the Statute of the Scientific Advisory Board of the Constitutional Court of the Republic of Tajikistan;

– considers other issues related to the activities of the Constitutional Court of the Republic of Tajikistan.

2. The Constitutional Court of the Republic of Tajikistan in the process of preparation of the case for hearing in a court session shall be entitled to request and obtain the necessary information from all state bodies, enterprises, institutions and other organizations, associations and academic institutions, and also involve experts in the prescribed manner to the expertise and scientific consultative work.

Article 36. Regulations of the Constitutional Court of the Republic of Tajikistan

1. Internal matters of the Constitutional Court of the Republic of Tajikistan, that are not regulated by the present Constitutional Law, are regulated by the Regulations of the Constitutional Court of the Republic of Tajikistan.

Article 37. A Message of the Constitutional Court of the Republic of Tajikistan

The Constitutional Court of the Republic of Tajikistan annually sends to the President of the Republic of Tajikistan, Majlisi Milli and Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan a messages on the condition of constitutional legality in the Republic of Tajikistan in connection with the pending cases. The Message is discussed at the meeting of the Constitutional Court of the Republic of Tajikistan and registered in the minutes.

2. The Constitutional Court of the Republic of Tajikistan may also appeal to the President of the Republic of Tajikistan and also other issues, including the safeguarding supremacy of the norms of the Constitution of the Republic of Tajikistan and protection of the constitutional rights and freedoms of man and citizen in the country.

CHAPTER 8. JURISDICTION OVER CASES OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF TAJIKISTAN

Article 38. Jurisdiction over Cases of the Constitutional Court of the Republic of Tajikistan

1. Constitutional Court of the Republic of Tajikistan has the jurisdiction of the cases related to its competence under Article 34 of the present Constitutional Law.

2. The Constitutional Court of the Republic of Tajikistan also has in its jurisdiction the cases on the conformity to the Constitution of the Republic of Tajikistan normative legal acts that have secret character.

Article 39. Jurisdiction of Multiple, Interconnected Requirements

When combining several interconnected requirements, some of which are under the jurisdiction of the Constitutional Court of the Republic of Tajikistan and some others are under jurisdiction of state authorities, only those issues to be considered by the Constitutional Court that are under its jurisdiction.

Article 40. Subjects Entitled to Appeal to the Constitutional Court of the Republic of Tajikistan

The right to appeal to the Constitutional Court of the Republic of Tajikistan belongs to the following subjects:

– the President of the Republic of Tajikistan, Majlisi Milli and Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan on conformity to the Constitution of the Republic of Tajikistan proposed changes and amendments to the Constitution of the Republic of Tajikistan, draft laws and other matters submitted for a national referendum;

– the President of the Republic of Tajikistan, joint sessions of the Majlisi Milli and Majlisi Namoyandagon of Majlisi Oli of the Republic of Tajikistan, to Majlisi Milli of the Majlisi Oli of the Republic of Tajikistan, Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan, to the Government of the Republic of Tajikistan, a member of the Majlisi Milli and to a deputy of the Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan, to the Supreme Court of the Republic of Tajikistan, the Higher Economic Court of the Republic of Tajikistan, the General Prosecutor of the Republic of Tajikistan, majlises of People’s Deputies of the Gorno-Badakhshan Autonomous Region, regions and city of Dushanbe on conformity to the Constitution of the Republic of Tajikistan laws, joint legal normative acts of the Majlisi Milli and Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan, legal acts of Majlisi Milli and Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan, normative legal acts of Majlisi Milli and Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan, the President of the Republic of Tajikistan, the Government of the Republic of Tajikistan and the international contracts of Tajikistan which have not come into force, guiding explanations of plenums of Supreme Court of the Republic of Tajikistan and Higher Economic Court of the Republic of Tajikistan;

– the General Prosecutor of the Republic of Tajikistan, majlises of People’s Deputies of Gorno-Badakhshan Autonomous Region, regions and the city Dushanbe and to chairmen of Gorno-Badakhshan Autonomous Region, regions and the city Dushanbe on conformity to the Constitution of the Republic of Tajikistan of legal normative acts of the ministries, the state committees and other state bodies, local bodies of the government;

– the Government of the Republic of Tajikistan, the ministries, other state bodies majlises of People’s Deputies of the Gorno-Badakhshan Mountainous Autonomous Region, regions, the city of Dushanbe, cities and districts, chairmen of the Gorno-Badakhshan Mountainous Autonomous Region, region, city of Dushanbe, cities and district on disputes between them about their competence;

– Commissioner for Human Rights in the Republic of Tajikistan on compliance to the Constitution law and other normative legal acts, guidelines of the Plenum of the Supreme Court of the Republic of Tajikistan and the Higher Economic Court of the Republic of Tajikistan, applied by the relevant government or public authorities as well as judicial authorities against citizens in a particular case, that violates, in his opinion, constitutional rights and freedoms of citizens;

– physical persons on conformity to the Constitution of the Republic of Tajikistan law and other normative legal acts, guidelines of the plenums of the Supreme Court of the Republic of Tajikistan and the Higher Economic Court of the Republic of Tajikistan, applied by the relevant government or public authorities as well as judicial authorities against citizens in a particular case, that violates, in their opinion, constitutional rights and freedoms of citizens;

– legal persons on conformity to the Constitution of the Republic of Tajikistan law and other normative legal acts, guidelines of the plenums of the Supreme Court of the Republic of Tajikistan and the Higher Economic Court of the Republic of Tajikistan, applied by the relevant government or public authorities as well as judicial authorities against citizens in a particular case, that violates, in his opinion, constitutional rights and freedoms of citizens;

– judges of the Supreme Court of the Republic of Tajikistan, Higher Economic Court of the Republic of Tajikistan, other judges of the Republic of Tajikistan (except the judges of the Constitutional Court of the Republic of Tajikistan) on conformity to the Constitution of the Republic of Tajikistan, law and other normative legal acts, guidelines of the plenums of the Supreme Court of the Republic of Tajikistan and the Higher Economic Court of the Republic of Tajikistan, applied by the relevant government or public authorities as well as judicial authorities against citizens in a particular case, that violates, in their opinion, constitutional rights and freedoms of citizens.

CHAPTER 9. THE ORDER OF COMMENCEMENT
OF THE LEGAL PROCEEDINGS AND PREPARATION
OF CASE FOR CONSIDERATION

Article 41. The Form and Content of Appeals to the Constitutional Court of the Republic of Tajikistan

1. The appeal to the Constitutional Court of the Republic of Tajikistan is submitted in the written form.

2. Bodies and officials, referred to in the first to fourth paragraphs of Article 40 of the present Constitutional Law, submit to the Constitutional Court of the Republic of Tajikistan a statement and those provided for in the fifth to eighth paragraphs of that article submit an appeal with a petition.

3. In the statement and petition they shall specify:

– The name of the Constitutional Court of the Republic of Tajikistan;

– surname, name and first name, addresses of the appellee or name and address of the submitting organization or body;

– surname, name and first name, address of the representative of the appellee and his authority;

– name, address of the state organ or surname, name and patronymic name of the official that accepted, approved or signed a normative legal act, conformity of which to the Constitution of the Republic of Tajikistan shall be considered;

– name, number and date of adoption, source of publication and other details of the contested normative legal act;

– circumstances and the specific facts of non-compliance to the Constitution of the Republic of Tajikistan specific norms of normative legal act, on which the appellees draw their claims and evidence;

– violation of specific constitutional rights and freedoms of human being and citizen as the result of implementation of normative legal act, according the opinion of the applicant, that does not conform with the Constitution of the Republic of Tajikistan;

– the essence of the claim of the appellee;

– the norms of the Constitution of the Republic of Tajikistan and the present Constitutional Law, that give the right to appeal to the Constitutional Court of the Republic of Tajikistan.

– a list of annexed to the statement and petition documents.

4. The statement or petition shall be signed by the relevant applicant, according to Article 40 of this Constitutional Law. The following documents shall be attached to it:

– a copy the text of a normative legal act, conformity of which to the Constitution of the Republic of Tajikistan as a whole or in part contested by the applicant;

– documents on authority of the representative, except in cases when representation will be carried out according the position.

5. To the documents set out in another language the translation into the state language is annexed.

6. Request or petition and annexes shall be submitted to the Constitutional Court of the Republic of Tajikistan in an amount of not less than 10 copies. At the request of the judge appealing party have to submit a different number of copies of the said documents.

7. To request or petition a document confirming payment of the state fee is attached.

Article 42. The Term of Appeal with a Petition to the Constitutional Court the Republic of Tajikistan

Subjects of appeal may within six months from the date of adoption in respect to them appropriate decision address to the Constitutional Court of the Republic of Tajikistan with the petition to identify the compliance to Constitution of the Republic of Tajikistan applied in it a law, other normative legal act or guiding explanations of the plenums of the Supreme Court and the Higher Economic Court the Republic of Tajikistan.

Article 43. Consideration of the Statements and Petitions in the Constitutional Court of the Republic of Tajikistan

1. Incoming statement or a petition shall be handed over by the Chairman of the Constitutional Court of the Republic of Tajikistan to a judge or judges for investigation and verification.

2. Having checked the statement or the petition, the judge or judges within a month present a proposal to the Constitutional Court of the Republic of Tajikistan to institute or refuse to institute proceedings.

3. The Constitutional Court of the Republic of Tajikistan, considering a proposal by the judge or judges makes a decision to institute proceedings and charges a judge or judges to prepare a case to the court hearing or makes a decision not to institute proceedings. The appellee is informed about it in a written form.

4. The copy of the decision to initiate proceedings is sent to the parties and appellees, and a copy of the ruling on the refusal to initiate proceedings is sent to the appellee within the period of five days.

5. In The case of repeated appeal to the Constitutional Court of the Republic of Tajikistan on the issue on which there is a definition of the Constitutional Court of the Republic of Tajikistan to refuse to institute proceedings, the appellee is sent a copy of the definition, and at the same time, he is notified of the termination of further correspondence with him on this issue.

6. In case of instituting court proceedings, the Constitutional Court of the Republic of Tajikistan may by its decision suspend the action of the contested normative legal act until its consideration.

Article 44. Grounds for the Proceedings in the Constitutional Court of the Republic of Tajikistan

1. Ground for a hearing in the Constitutional Court of the Republic of Tajikistan serves an appeal or a written petition filed to the Constitutional Court of the Republic of Tajikistan in accordance with the requirements of the present Constitutional Law.

2. The basis for the proceedings in the Constitutional Court of the Republic of Tajikistan is the discovered uncertainty in the issue of the constitutionality of the laws of the Republic of Tajikistan, joint normative legal acts of the Majlisi Milli and the Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan, normative acts of the Majlisi Milli of the Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan, the President of the Republic of Tajikistan, the Government of the Republic of Tajikistan, other state and public bodies, international agreements of Tajikistan, that have not entered into legal force, guiding explanations of the plenums of the Supreme Court and the Higher Economic Court of the Republic of Tajikistan, the disputes between the public authorities with regard to their competence, other circumstances arising from the competence of the Constitutional Court of the Republic of Tajikistan.

3. The ground for a hearing in the Constitutional Court of the Republic of Tajikistan on compliance to the Constitution of the Republic of Tajikistan the draft changes and amendments to the Constitution of the Republic of Tajikistan, or draft laws and other issues submitted to a popular referendum, is the submission of the President of the Republic of Tajikistan or Majlisi Milli and Majlisi Namoyandagon of Majlisi Oli of the Republic of Tajikistan.

Article 45. Refusal of Legal Proceedings

The Constitutional Court of the Republic of Tajikistan refuses legal proceedings in the following cases:

– if the petition or appeal in form and content does not meet the requirements of Article 41 of this Constitutional Law or there is no grounds for the consideration of the case in the Constitutional Court;

– if the petition or appeal comes from a body or person (the subject) has no right to appeal;

– if the submitted appeal is not under the jurisdiction of the Constitutional Court of the Republic of Tajikistan;

– if the issue in the petition or appeal previously have been examined by the Constitutional Court of the Republic of Tajikistan and there is a corresponding document of the Constitutional Court of the Republic of Tajikistan on it;

– if the six-month period has expired for appeal to the Constitutional Court of the Republic of Tajikistan;

– if a law, other normative legal act or guidance of the plenums of the Supreme Court and the Higher Economic Court of the Republic of Tajikistan on compliance with the Constitution of the Republic of Tajikistan, which is being questioned, declared null and void.

Article 46. Preparation of the Case for Review in the Constitutional Court of the Republic of Tajikistan

1. On instituted legal proceedings the judge within two months has to prepare the case for consideration in the Constitutional Court of the Republic of Tajikistan. For this he:

– defines the parties in the case, explains to them their procedural rights and obligations stipulated by this Constitutional Law, and assists them in obtaining evidence and their representation in the Constitutional Court of the Republic of Tajikistan;

– questions the appellant;

– seeks, relevant to the case, necessary documents and other information;

– Questions the appropriate officials;

– if necessary, involves scientists and practitioners as specialists, experts, requests the fulfillment of checks, researches, examinations;

– ascertain a circle of witnesses, specialists, experts;

– solves the issue of joining in one proceeding interconnected between each other demands under the jurisdiction of the Constitutional Court of the Republic of Tajikistan or the allocation of the requirements, subordinated to other organs of state power, declared in one application;

– submits a proposal to the Constitutional Court of the Republic of Tajikistan to suspend the contested normative legal act until the review of case, as well as the termination of the proceedings in case of voluntary withdrawal of an application or petition, or in case of cancellation or annulment of the contested normative legal act;

– no later than ten days before the trial presents a copy of the required materials in the case to the judges of the Constitutional Court of the Republic of Tajikistan, the parties and, if necessary, to other participants of the trial;

– makes a proposal to the Constitutional Court of the Republic of Tajikistan on the appointment of a case for consideration at the hearing;

– notifies the participants of the proceedings about the court session and ensures their participation;

– take other actions to ensure the timely consideration of the case.

2. The preparation of a case may be assigned to several judges by the Chairman of the Constitutional Court of the Republic of Tajikistan and the period of it preparation may be extended up to one month.

Article 47. Assignment of the Case for Consideration of the Constitutional Court of the Republic of Tajikistan

If the Constitutional Court of the Republic of Tajikistan recognizes the case well prepared for consideration in the judicial process, it takes a decision to assign it for consideration.

CHAPTER 10. CONSIDERATION OF THE CASE
BY CONSTITUTIONAL COURT OF THE
REPUBLIC OF TAJIKISTAN

Article 48. The Term of Consideration of the Case in the Constitutional Court the Republic of Tajikistan

The case is considered by the Constitutional Court of the Republic of Tajikistan during six months from the date of receipt of the application (appeal or petition).

Article 49. Procedure for Consideration of Cases in the Constitutional Court the Republic of Tajikistan

1. Cases in a court session held under the chairmanship of the Chairman of the Constitutional Court of the Republic of Tajikistan. The procedure is determined by the presiding judge.

2. The presiding judge:

– opens the court session of the Constitutional Court of the Republic of Tajikistan at the appointed time;

– announce the case to be considered;

– identifies the availability a sufficient number of judges and provision of taking minutes;

– gives floor to the judge-secretary of the Constitutional Court of the Republic of Tajikistan to report on the turnout of participants in the court session, witnesses, specialists, experts, and the reason for failure to appear the absentees;

– explains to the parties their rights and obligations, and to the invited persons – their duties and responsibilities;

– questions members of the court session about whether they have the application to call additional witnesses, experts and specialists, for the recovery of additional evidence, on other issues that have arisen in the course of the hearings, puts them for the solution of the court;

– announces the launch of the consideration of the case.

3. Consideration of the case begins with a presentation of a Judge – speaker, who sets out the essence of the case, reasons and grounds for its consideration, the content of the materials available, as well as his replies to the questions raised by judges of the Constitutional Court of the Republic of Tajikistan then the explanations of the parties should be listened to. Parties may be asked questions.

4. If it is necessary to interrogate the witnesses and to involve specialists before starting their questioning the presiding warns them about criminal liability for refusal to give evidence or perjury.

5. At the hearing the documents may be read, the speeches of invited persons may be listened to.

6. At the end of the study the explanations, testimonies and documents a concluding speech of the parties if they wish to speak should be listened to.

7. If the court considers the study of issues completed, the presiding officer announces the completion of a hearing on the case and the court goes to the deliberation room.

8. In the deliberation room every judge freely express his own position on the issue and the presiding judges asks other judges, who has not defined their positions, so that they also clarify their positions on the issue.

9. After signing the decision adopted by of the Constitutional Court of the Republic of Tajikistan, it is announced by the chairperson or one of the judges in the courtroom.

Article 50. Termination of Proceedings

1. The proceedings is terminated in by the Constitutional Court of the Republic of Tajikistan in the following cases:

– if during the trial it is established that the issue governed by law, other legal normative legal act, governing guidelines of the plenums of the Supreme Court and the Higher Economic Court of the Republic of Tajikistan, compliance of which to the Constitution of the Republic of Tajikistan is asked to check, and also the dispute between the state authorities with regard to their competence is not provided by the Constitution of the Republic of Tajikistan or by its nature and meaning is not under the jurisdiction of the Constitutional Court of the Republic of Tajikistan;

– voluntary refusal of the addressee from the requirements specified in the petition;

– cancellation or recognition the law legally no binding, other legal and normative act, governing guidelines of the plenums of the Supreme Court and the Higher Economic Court of the Republic of Tajikistan, the determination of conformity to the Constitution of which is considered by the Constitutional Court;

– other circumstances arising from the present Constitutional Law.

2. The refusal of the addressee from the requirements specified in its appeal, received at the hearing before the departure of the court to the deliberation room.

3. On termination of the case proceedings, the Constitutional Court of the Republic of Tajikistan takes decision.

Article 51. Postponement of the Court Hearing

1. The court session may be postponed in the following cases if:

– the court considers the case insufficiently prepared, requiring further studies;

– for the postponement of consideration of the case insists any of the judges or the representative of a party, and cited compelling reasons are recognized persuading;

– lack of quorum of judges in the hearing;

– one of the parties seeks to further study of the documents submitted by the other party;

– parties, witnesses, experts and specialists, the appearance of which has been recognized as a mandatory did not show up, or the necessity of appointment expertise and reclaim of additional evidence is appeared;

– the request materials are not presented in time, if they are essential to the proceedings;

– there are objective reasons deemed valid by a court;

– in other cases, that the court considers reasonable.

2. A definition on the postponement of the meeting is taken.

3. The trial of the case by the court continues from the moment when it was delayed.

Article 52. Suspension of the Court Hearing

1. The Constitutional Court of the Republic of Tajikistan may suspend the hearing in the following cases:

– death of a citizen – a party of proceedings, if the disputed legal case permits legal inheritance;

– recognition of the disability of the party or absence of the representative of a person declared disable;

– the stay of the parties in the hospital or in long business trip, that is confirmed by the relevant documents;

– the emergence of the need to obtain expert’s opinion;

2. Suspension of the trial resumed after the elimination of the circumstances that served a reason suspension of hearing, the hearing is continued from the point where it was suspended.

Article 53. Consequences of Absence of the Parties and their Representatives in the Hearing

– Absence in the hearing of a party or its representative, who were duly notified of the time and place of the hearing, cannot be an impediment for the proceedings. However, if the consideration of the case is not possible without the participation of a party or its representative or party declared its intention to participate in the proceedings, the trial is postponed.

Article 54. Consequences of Absence of Witnesses, Experts, Specialists and Interpreters at the Hearing

In case of absence of witnesses, experts, specialists and an interpreter at the hearing the court hears the opinion of participants in the court hearing on the possibility of the deliberation of the case without the participation of witnesses, experts, specialists and an interpreter and takes one of the following definitions:

– on hearing the case without the participation of witnesses, experts, specialists and an interpreter;

– to postpone consideration of the case and the appointment of another time of the hearing.

2. The definitions referred to in paragraph 1 of this Article shall be announced at the hearing and will appear in the minutes of the hearing.


CHAPTER 11. ACTS OF THE CONSTITUTIONAL
COURT OF THE REPUBLIC OF TAJIKISTAN

Article 55. Acts of the Constitutional Court of the Republic of Tajikistan

1. Acts of the Constitutional Court of the Republic of Tajikistan consists of the resolution, conclusion and definition.

2. The Constitutional Court having considered the case adopts a resolution.

3. The resolution is passed on behalf of the Republic of Tajikistan and is signed by presiding judge and judge-secretary of the Constitutional Court of the Republic of Tajikistan.

4. The Constitutional Court in the cases specified by the Constitution of the Republic of Tajikistan and the present Constitutional Law adopts a conclusion. The conclusion of the Constitutional Court is accepted and proclaimed in the order as is determined for passing of resolutions of the Constitutional Court of the Republic of Tajikistan.

5. On other issues, considered by the Constitutional Court and in cases identified by the Present Constitutional Law, adopts a definition.

Article 56. The Adoption of the Acts of the Constitutional Court of the Republic Tajikistan

1. The acts of the Constitutional Court of the Republic of Tajikistan are enacted by open vote.

2. Judges do not have the right to abstain or not participate in the voting.

3. The presiding judge in all cases shall vote the last.

4. The decision of the Constitutional Court of the Republic of Tajikistan shall be considered enacted if voted for by a majority of those present at the hearing of the judges.

5. In case of equal votes of judges it is decided that the disputed law, other normative legal act or guiding explanations of the plenums of the Supreme Court and the Higher Economic Court of the Republic of Tajikistan conform to the Constitution of the Republic of Tajikistan.

6. The resolution and conclusion of the Constitutional Court of the Republic of Tajikistan after their adoption proclaimed immediately.

Article 57. The Dissenting Opinion of the Judge of the Constitutional Court of the Republic Tajikistan

1. A judge of the Constitutional Court of the Republic of Tajikistan not agreeing with the decision of the Constitutional Court of the Republic of Tajikistan has the right to express a dissenting opinion in writing.

2. Dissenting opinion of judges of the Constitutional Court of the Republic of Tajikistan shall be attached to the case file and is published as an annex to the decision of the Constitutional Court of the Republic of Tajikistan.

Article 58. Content of the Resolution of the Constitutional Court of the Republic of Tajikistan

In the resolution of the Constitutional Court of the Republic of Tajikistan on the nature of the issue under consideration it should be stated:

– the name of the resolution, the date and place of its adoption;

– the composition of the Constitutional Court of the Republic of Tajikistan, that adopted a resolution, the secretary of the hearing;

– the parties and their representatives;

– the norms of the Constitution of the Republic of Tajikistan and the present Constitutional Law providing jurisdiction for the Constitutional Court of the Republic of Tajikistan to address this issue;

– the applicant’s claims;

– the circumstances established by the Constitutional Court of the Republic of Tajikistan;

– the name of the law, other normative legal act or guidelines of the plenums of the Supreme Court of the Republic of Tajikistan and the Higher Economic Court of the Republic of Tajikistan, the compliance of which to the Constitution of the Republic of Tajikistan is examined, indicating the source of publication or adoption;

– resolution of the appropriate state or public body or an official, which has adopted, according to addressee, on the basis of inconsistency with the Constitution of the Republic of Tajikistan a law, other guidelines of the plenums of the Supreme Court of the Republic of Tajikistan and the Higher Economic Court of the Republic of Tajikistan, indicating the source of publication or adoption;

– proofs, on which the decision of the Constitutional Court of the Republic of Tajikistan, is based and if necessary – evidences that refute allegations of the parties;

– the norms of the Constitution, on which the Constitutional Court of the Republic of Tajikistan in making its decisions is grounded;

– justification of the decision;

– the procedure for entry into force the resolution, as well as the procedure and terms of its execution;

– the final decision;

– publication of the decision.

Article 59. Additional Resolution of the Constitutional Court of the Republic of Tajikistan

1. The Constitutional Court of the Republic of Tajikistan adopts an additional resolution on its own initiative or on the basis of petition from the participants of process or on the basis the petition of the persons responsible for execution of the resolution of the Constitutional Court of the Republic of Tajikistan.

2. The Constitutional Court adopts additional resolution in the following cases if:

– there is an issue of the interpretation of the resolution adopted by them;

– there is a need to correct admitted in the decision of the Constitutional Court of the Republic of Tajikistan inaccuracies in name, designations, arithmetic and other apparent editorial errors.

3. Additional regulations should not contradict the essence and content of the resolution of the Constitutional Court of the Republic of Tajikistan.

Article 60. Binding Nature of the Acts of the Constitutional Court of the Republic of Tajikistan

1. The acts of the Constitutional Court of the Republic of Tajikistan shall enter into force from the moment of their adoption, unless they specified otherwise.

2. Acts of the Constitutional Court of the Republic of Tajikistan shall be final and not subject to appeal.

3. Execution of the Constitutional Court of the Republic of Tajikistan are obligatory for all state bodies, enterprises, institutions, other organizations, public associations, regardless of their form of ownership, officials and citizens to whom they are addressed.

4. Adopted by the Constitutional Court of the Republic of Tajikistan, in accordance with part 4 of Article 34 of the present Constitutional Law conclusion shall be taken into account by Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan.

5. Laws and other normative legal acts, governing explanations of the plenums of the Supreme Court and the Higher Economic Court of the Republic of Tajikistan or their separate norms recognized by the Constitution court of the Republic of Tajikistan not conforming with the Constitution of the Republic of Tajikistan, cease to be in force.

6. The decisions of courts and other authorities based on laws and other normative legal acts or guidelines of plenums of the Supreme Court and the Higher Economic Court of the Republic of Tajikistan recognized not conforming with to the Constitution of the Republic of Tajikistan are not be enforced.

7. In identifying specific violations of the Constitution of the Republic of Tajikistan and normative legal acts of the Republic of Tajikistan, the Constitutional Court of the Republic of Tajikistan makes a proposal for the relevant authorities and officials, that violated the Constitution, drawing their attention to violations and the need for their elimination and reports on the measures taken to the Constitutional Court of the Republic Tajikistan during the identified timeline.

8. In the case adopting by the Constitutional Court of the Republic of Tajikistan a conclusion on non-observance of the order of presentation of accusation of the President of the Republic of Tajikistan with the treason, consideration of charges stops.

9. Recognition by the Constitutional Court of the Republic of Tajikistan the non-conformity with the Constitution of the Republic of Tajikistan treaties of the Republic of Tajikistan that not yet entered into force means the invalidity of these contracts or their separate norms for the Republic of Tajikistan.

Article 61. Execution of the Resolutions and Conclusions of the Constitutional Court of the Republic of Tajikistan

1. The resolutions and conclusions of the Constitutional Court of the Republic of Tajikistan shall enter into force upon their adoption or from the date specified in these acts.

2. The resolutions and conclusions of the Constitutional Court of the Republic of Tajikistan shall be published in the media. At the discretion of the Constitutional Court of the Republic of Tajikistan, its other legal acts can also be published.

3. Resolutions and conclusions of the Constitutional Court of the Republic of Tajikistan shall be sent to:

– the President of the Republic of Tajikistan;

– the Majlisi Milli of the Majlisi Oli of the Republic of Tajikistan;

– the Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan;

– the Government of the Republic of Tajikistan;

– the Ministry of Justice of the Republic of Tajikistan;

– the Supreme Court of the Republic of Tajikistan;

– the Higher Economic Court of the Republic of Tajikistan;

– the General Prosecutor of the Republic of Tajikistan;

– the Plenipotentiary on Human Rights in the Republic of Tajikistan;

– the Council of Justice of the Republic of Tajikistan;

– the parties;

– other bodies, officials, as well as citizens under the order of Chairman of the Constitutional Court of the Republic of Tajikistan.

4. On the measures taken pursuant to execution of the resolutions and conclusions of the Constitutional Court of the Republic of Tajikistan, bodies and officials to whom is entrusted the execution of the legal act, inform the Constitutional Court, within a specified period of time.

Article 62. Consequences of Failure of the Acts of the Constitutional Court the Republic of Tajikistan

Failure of execution, improper execution or obstruction of execution of the acts of the Constitutional Court of the Republic of Tajikistan shall entail the responsibility under the legislation of the Republic of Tajikistan.

Article 63. The Interpretation of the Acts of the Constitutional Court of the Republic Tajikistan

1. The interpretation of the acts of the Constitutional Court of the Republic of Tajikistan is given in an official form only by the Constitutional Court of the Republic of Tajikistan itself.

2. The official interpretation of judicial acts is given on the initiative of the Constitutional Court of the Republic of Tajikistan or at the request of participants in court proceedings or bodies and officials to whom the judicial act is sent, or who are responsible for the execution of the judicial act.

3. Definition on interpretation of the act of the Constitutional Court of the Republic of Tajikistan is adopted by the judges in the consultative room in the manner prescribed for the adoption of acts of the Constitutional Court, and shall come into force from the date of its adoption.

4. Copies of the definition on interpretation of the act of the Constitutional Court of the Republic of Tajikistan are sent to the bodies and persons who addressed with an application on the interpretation of an act of the Constitutional Court of the Republic of Tajikistan, to the authorities and officials stipulated in paragraph 3 of Article 61 of the present Constitutional Law, as well as to the print media, which published adopted by the Constitutional Court of the Republic of Tajikistan act.

Article 64. Minutes of the Proceedings

1. The trial proceedings is fully minuted from the beginning to the end.

2. The minutes of the court session shall include:

– the place and date of the court session with indication of the time of its beginning and end;

– the composition of the judges present;

– surname, name and patronymic of the court proceedings secretary;

– surname, first name and patronymic of each member of the court session;

– the name of the case;

– information about the actions taking place in a court session in the order in which they occurred, and their results;

– information about witnesses, specialists, experts;

– information on the submission of a petition, explanation of the participants in the court hearings, witnesses, experts and the expert opinion, the questions asked and the answers to them.

3. In order to ensure the completeness of the trial minutes it is permitted to use technical means. The use of technical means indicated in the minutes of the hearing. The minutes of the hearings and applied technical means are attached to the case.

4. The minutes of court hearings should be issued no later than five days after the end of the court proceedings.

5. The minutes of the hearing is prepared by the court secretary and signed by the presiding judge and the judge-secretary of the Constitutional Court of the Republic of Tajikistan.


CHAPTER 12. MEASURES OF PROCEDURAL PROTECTION OF THE ACTIVITIES OF THE CONSTITUTIONAL COURT THE REPUBLIC
OF TAJIKISTAN

Article 65. The Right of the Constitutional Court of the Republic of Tajikistan On the Application of Procedural Protection Measures

1. The presiding chairman at the court hearings guarantees order in the court proceedings, warns troublemakers in case of continuing violation of the procedure removes them from the courtroom.

2. Violators of the order in a court session held administratively liable in accordance with the Code of the Republic of Tajikistan on Administrative Violations, if their actions do not have the evidence of a crime.

Article 66. Costs

1. Legal costs consist of state fee and the costs of the court proceedings.

2. The amount and method of payment of the state fee determined in accordance with the provisions of the Law “On State Duty”.

3. In the case of not considering the application or termination of the proceedings of the case the state fee is refunded to addressee.

4. The costs of the proceedings consist of the expenses incurred by witnesses, specialists, experts and translators engaged by the Constitutional Court of the Republic of Tajikistan, their costs spent on the production of expertise and other costs associated with the preparation and examination of the case, which, by definition of the Constitutional Court of the Republic of Tajikistan shall be paid from the national budget.

5. Costs in connection with non-execution of the mandatory requirements of the Constitutional Court of the Republic of Tajikistan shall be paid by public authorities, individuals and legal entities, which were entrusted with implementation of the relevant requirements.

6. The party who paid costs of the proceedings in the Constitutional Court of the Republic of Tajikistan shall have the right to claim reimbursement from specific persons in accordance with the legislation of the Republic of Tajikistan.

CHAPTER 13. FINANCING, MATERIAL AND SOCIAL PROTECTION OF JUDGES OF CONSTITUTIONAL COURT OF THE REPUBLIC OF TAJIKISTAN

Article 67. The Wages of the a Judge of the Constitutional Court the Republic of Tajikistan

1. Wages of a judge of the Constitutional Court of the Republic of Tajikistan consists of salary, bonuses for qualification grade and length of service.

2. The amount of the salary, the size and the procedure for calculating surcharges for qualification degrees and length of service to the judges of the Constitutional Court of the Republic of Tajikistan establishes the President of the Republic of Tajikistan.

3. On domestic, medical and logistics Chairman of the Constitutional Court of the Republic of Tajikistan, his deputy and judges of the Constitutional Court of the Republic of Tajikistan respectively, equal to the Prime Minister of the Republic of Tajikistan, his first deputy and deputies of the prime minister of the Republic of Tajikistan.

4. The judges of the Constitutional Court of the Republic of Tajikistan for the period of their work is given a diplomatic passport.

Article 68. Other Material Guarantees of a Judge of the Constitutional Court of the Republic of Tajikistan

1. The Executive body of state power in Dushanbe shall not later than three months after the election of judges of the Constitutional Court of the Republic of Tajikistan or in the case of the need to improve his/her living conditions to grant in an extraordinary manner premises in Dushanbe with the right of a judge to additional living space of no less than 20 square meters.

2. After 10 years in office, living area occupied by a judge, given by the Constitutional Court of the Republic of Tajikistan at the expense of public housing, is transferred to the property of a judge free of charge. A Judge of the Constitutional Court of the Republic of Tajikistan and his family members enjoy a 50% discount in the payment of premises in houses of the state housing fund, as well as 50% discount in the payment of all utilities (central heating, water supply and others).

3. With the consent of a judge of the Constitutional Court of the Republic of Tajikistan, instead of dwelling shall be given interest-free loan at the expense of the Republican budget for the purchase or construction of housing within the capabilities of the state budget.

4. Providing medical care to a judge of the Constitutional Court of the Republic of Tajikistan and his family members is kept in the same medical institutions where the judge served before the move or transfer to a new public office, or his resignation or retirement.

5. In the event of dismissal or withdrawal of a judge Constitutional Court of the Republic of Tajikistan on the basis specified in the paragraphs four and five of Article 14 of this Constitutional Law, his/her family shall be paid a lump sum of five-month salary of a judge.

6. The Judge of the Constitutional Court of the Republic of Tajikistan has a right of reservation and receiving rooms in hotels and purchase tickets for all types of transport.

7. A judge of the Constitutional Court of the Republic of Tajikistan on retirement for disability is paid a lump sum of three-month salary.

Article 69. Social Protection Measures of a Judge of the Constitutional Court The Republic of Tajikistan and his Family

1. Life and health of a judge of the Constitutional Court of the Republic of Tajikistan shall be subject to compulsory state insurance at the expense of the republican budget in the amount of eight months’ wages.

2. The bodies of state insurance pay benefits in the following cases:

– death of a judge of the Constitutional Court of the Republic of Tajikistan during the office, if it was due to injury or other impairment of health, received in connection with the performance of his duties, to his heirs in the amount of eight months’ salary of a judge of the Constitutional Court.

– causing the judge of the Constitutional Court of the Republic of Tajikistan in connection with the performance of his duties, injury or other damage to health, excluding further possibilities to be engaged in professional activities, in the amount of six months’ salary of a judge of the Constitutional Court of the Republic of Tajikistan.

3. In the event of injury of a judge of the Constitutional Court of the Republic of Tajikistan in connection with the performance of his duties or other impairment of health, excluding further possibilities to be engaged in professional activities, the judge of the Constitutional Court of the Republic of Tajikistan is paid monthly compensation in the form of the difference between the salary and the amount of pension payable without calculating the amount of money paid by state insurance.

4. In case of death of a judge of the Constitutional Court of the Republic of Tajikistan or resignation due to injury or other impairment of health, received in connection with the performance of his duties, the disabled members of his family who were dependent on him, shall be paid monthly compensation in the amount of the difference between their part of salary of the deceased judge and assigned pension without calculating the amount of benefits received from the state insurance.

5. The damage caused by the destruction of or damage to property of a judge of the Constitutional Court of the Republic of Tajikistan or his family members in connection with his official activities shall be reimbursed fully to him/her or the family members.

6. Payments to compensate for damage under parts 3, 4 and 5 of this Article shall be made at the expense of the republican budget.

7. The family of the deceased judge shall retain the right to receive well-equipped apartment on the conditions and the reasons that have taken place at the time of the judge's death.

Article 70. Qualifying Classes of Judges of the Constitutional Court and Ranks of the Employees of the Constitutional Court of the Republic of Tajikistan

1. The Chairman, deputy and judges of the Constitutional Court of the Republic of Tajikistan are assigned qualification classes and employees of the Constitutional Court of the Republic of Tajikistan – ranks.

2. The qualification classes of judges of the Constitutional Court of the Republic of Tajikistan and the ranks of employees of the Constitutional Court of the Republic of Tajikistan are established by the Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan.

3. Regulation on the procedure for assignment of qualification classes to judges of the Constitutional Court of the Republic of Tajikistan and the class ranks of the employees of the Constitutional Court of the Republic of Tajikistan is approved by the President of the Republic of Tajikistan.

4. The Employees of the Constitutional Court of the Republic of Tajikistan, who are considered as civil servants, assigned qualification ranks and the order of which is established by the legislation in the sphere of public service.

Article 71. The Leave of a Judge of the Constitutional Court of the Republic of Tajikistan

1. Chairman, his deputies, judges of the Constitutional Court of the Republic of Tajikistan who are considered public servants are granted annual paid leave for not less than 35 calendar days.

2. The Judges of the Constitutional Court of the Republic of Tajikistan with the total professional work experience are provided with an additional paid leave of the following duration:

after 5 years of work experience – 3 calendar days;

after 10 years of working – 5 calendar days;

after 15 years of work experience – 10 calendar days;

after 20 years of work experience – 15 calendar days.

3. At the request of a judge of the Constitutional Court of the Republic of Tajikistan, a leave may be granted in parts; with one part of the length of a leave cannot be less than 14 calendar days.

4. The Judge of the Constitutional Court of the Republic of Tajikistan has the right to unpaid leave for a period not exceeding 60 calendar days.

Article 72. Protection of the Labor Rights of the Judges of the Constitutional Court the Republic of Tajikistan

1. A judge of the Constitutional Court of the Republic of Tajikistan, whose powers have expired or terminated in connection with the satisfaction of a judge’s requests for resignation is given the same or equal position (job).

2. Working as a judge of the Constitutional Court of the Republic of Tajikistan shall be included in the professional experience.

Article 73. Financing of the Constitutional Court of the Republic Tajikistan

1. Financing of the Constitutional Court of the Republic of Tajikistan is provided by the national budget.

2. The cost estimate of the Constitutional Court of the Republic of Tajikistan is approved by the Chairman of the Constitutional Court of the Republic of Tajikistan.

Article 74. Pension of a Judge of the Constitutional Court the Republic of Tajikistan

Pension benefits of the judge of the Constitutional Court of the Republic of Tajikistan is carried out in accordance with the Law of the Republic of Tajikistan “On Insurance and State Pensions”.

Article 75. Safeguarding the Security of the Judge of the Constitutional Court the Republic of Tajikistan

1. The Judges of the Constitutional Court of the Republic of Tajikistan, their families and their property enjoy the special protection of the state.

2. Protection of buildings and property of judges of the Constitutional Court of the Republic of Tajikistan, if necessary, at the request of a judge, the security of their family members, occupied dwellings by them and their property is assigned to the bodies of internal affairs and is free of charge.

3. The judges of the Constitutional Court of the Republic of Tajikistan have the right to carry, store and use the service weapons, the order of which is determined by the laws of the Republic of Tajikistan.

Article 76. Responsibility for Disrespect towards the Constitutional Court The Republic of Tajikistan and its Judges

Disrespect to the Constitutional Court of the Republic of Tajikistan and its judges, as well as committing acts that show an obvious disregard towards the Constitutional Court of the Republic of Tajikistan, are punishable under the laws of the Republic of Tajikistan.

CHAPTER 14. OTHER MATTERS RELATED TO ORGANIZATION AND MAINTENANCE OF THE ACTIVITIES OF THE CONSTITUTIONAL COURT
OF THE REPUBLIC OF TAJIKISTAN

Article 77. The Administration of the Constitutional Court of the Republic Tajikistan

1. The administration of the Constitutional Court of the Republic of Tajikistan carries information and referral, scientific and advisory, organizational, axillary and supply activities of the work of the Constitutional Court of the Republic of Tajikistan and its judges.

2. Regulations on the administration of the Constitutional Court of the Republic of Tajikistan is approved by the Chairman of the Constitutional Court of the Republic of Tajikistan.

3. The structure and total staff employees of the Constitutional Court of the Republic of Tajikistan is approved by the President of the Republic of Tajikistan on the basis of the proposal of the Chairman of the Constitutional Court of the Republic of Tajikistan.

4. The amount of the salary, allowances for qualification rank and length of public service, as well as the terms and procedure for payment of salaries of civil employees of the Constitutional Court of the Republic of Tajikistan is determined by the Law “On state service”.

Article 78 Clothing, Badge and Certificate of the Judges of the Constitutional Court of the Republic of Tajikistan

1. Judges of the Constitutional Court of the Republic of Tajikistan wear special uniform with a badge, description and samples of which are approved by the Government of the Republic of Tajikistan on the proposal of the Constitutional Court of the Republic of Tajikistan.

2. Judges of the Constitutional Court of the Republic of Tajikistan are provided with certificates, the samples of which are set by the Government of the Republic of Tajikistan on the proposal of the Constitutional Court of the Republic of Tajikistan.

Article 79. The Scientific-Advisory Council of the Constitutional Court of the Republic of Tajikistan

1. A Scientific Advisory Board composed of scholars and experts in the field of law shall be established under the Constitutional Court of the Republic of Tajikistan.

2. Regulations on the Scientific Advisory Board is approved by the Constitutional Court of the Republic of Tajikistan.

Article 80. The Location of the Constitutional Court of the Republic Tajikistan

1. The place of permanent location of the Constitutional Court of the Republic of Tajikistan is the capital of the Republic of Tajikistan – Dushanbe city.

2. The hearings of the Constitutional Court of the Republic of Tajikistan shall take place at its permanent location. The Constitutional Court of the Republic of Tajikistan may conduct its hearings outside the permanent location.


Article 81. State Symbols in the Constitutional Court the Republic of Tajikistan

On the building of the Constitutional Court of the Republic of Tajikistan the State Flag of the Republic of Tajikistan is placed and in the boardroom and in the offices of the judges of the Constitutional Court of the Republic of Tajikistan the State Emblem and the State Flag of the Republic of Tajikistan is placed.

Article 82. Seal of the Constitutional Court of the Republic of Tajikistan

The Constitutional Court of the Republic of Tajikistan has a seal, which depicts the state emblem of the Republic of Tajikistan and the name of the court.

Article 83. Official Publication of the Constitutional Court the Republic of Tajikistan

The official publication of the Constitutional Court of the Republic of Tajikistan is the “Bulletin of the Constitutional Court of the Republic of Tajikistan”.

CHAPTER 15. FINAL PROVISIONS

Article 84. Responsibility for Non-observance of the Present Constitutional Law

Individuals and legal entities for non-observance of the present constitutional law shall be prosecuted in accordance with the legislation of the Republic of Tajikistan.

Article 85. On Invalidity of Constitutional Law The Republic of Tajikistan “On the Constitutional Court The Republic of Tajikistan”

To consider the Constitutional Law of the Republic of Tajikistan on November 3, 1995 “On the Constitutional Court of the Republic of Tajikistan” (Akhbori Majlisi Oli of the Republic of Tajikistan, 1995, №21, article 223; 1997, №9, article 110; 1998, №10, article 111; article 115; 2000, №6, article 349; 2001, №4, article 200; 2004, №2, article 43; 2006 №3, article 142; 2007, №7, article 650; 2008, №3, article 180; №10, article 794; 2009, №7-8, article 488; 2011 g, 6, article 427; 2013, 3, article 175).

Article 86. The Procedure for the Entry into Force of this Constitutional Law

This Constitutional Law shall enter into force after its official publication.

The President of the

Republic of Tajikistan Emomali Rahmon

Dushanbe,

July 26, 2014,

№1083