News of Constitutional Court of the Republic of Tajikistan
On the 17th of June, 2016 Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda took part in scientific-theoretical conference on the theme “The Law of the Republic of Tajikistan about the Founder of the peace and national unity – Leader of the nation”, which was held at the initiative of the National guard in honor of the Day of national unity.
Chairman of the constitutional court of the Republic of Tajikistan Mahkam Mahmudzoda at this event, speaking with a report on “Agreement on peace in Tajikistan is the legal basis for national unity”, in particular, noted that thanks to the efforts of the founder of the peace and national unity – Leader of the nation, the President of the Republic of Tajikistan, Emomali Rahmon country has managed to achieve peace and unity and stabilization of the difficult political situation and the signing of the General agreement on establishing peace and national accord.
General agreement on establishing peace and national accord as an important political document has laid a solid legal basis to ensure unity and stability in the country, and is important in strengthening of national statehood.
June 15, 2016 under the Chairmanship of the President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda, a hearing on consideration of the petition to the General Director of limited liability company “Not” of Isfara Isamadieva N. “About determination of compliance of the fourth, fourteenth and seventeenth paragraphs of paragraph 2.4, paragraph 4.1, of the first, second and seventh paragraph of section 4.4. Charter of State unitary enterprise “Nalati cars VA hizmetlerini logistics”, the approved order of the Ministry of transport of the Republic of Tajikistan from February 13, 2013, №32, article 12 of the Constitution of the Republic of Tajikistan” was held.
Representive of the President of the Republic of Tajikistan in the Constitutional Court, the Majlisi Milli and the Majlisi Namoyandagon in the constitutional court, representatives of the Higher economic court, General Prosecutor, Ministry of justice and transport, the State Committee on investments and state property management, Agency for state financial control and combating corruption, as well as other government agencies took part in judicial session.
The Constitutional Court of the Republic of Tajikistan, having considered in open judicial session the question revealed new facts that may be important for consideration of the merits and exact determination of which requires an additional constitutional check. In particular, a precise definition of the legal status of the Charter of the State unitary enterprise “Nalati cars VA hizmetlerini logistics”, the approved order of the Ministry of transport of the Republic of Tajikistan of 13 February 2013, No. 32, and its application, which in turn requires qualifying the conclusion of the authorized state body.
On this basis, the decision of the Constitutional Court on this petition is pending.
26 may 2016 the President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda and Deputy Chairman of the Constitutional Court Karimzoda Karim took part in the Republican scientific-practical conference on “Legislative activity in the Republic of Tajikistan: development and challenges”. This conference was held at the initiative of the National centre on legislation under Prezedent of the Republic of Tajikistan in honor of the 25th anniversary of the State independence of the Republic of Tajikistan.
Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda during the conference speaking about the role of law-making in the development of the legal system of the country in particular noted that for the improvement and efficiency of the lawmaking process it is necessary that the authorized state body constantly holds monitoring of normative legal acts and normative legal acts had been elaborated taking into account the need, on the basis of forecast and planning.
Mahkam Mahmudzoda also noted that during the development and adoption of normative legal act the compliance to legal, scientific, linguistic and anti-corruption ekspertise as well as ensuring the state registration of regulatory legal acts, which in turn positively contributes to quality of normative legal acts in the context of their execution are needed.
The a report on “The constitutional review and legislative activities” was made by the Deputy President of the Constitutional court Karim Karimzoda.
On the 21st of May, 2016 the President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda, received an Interparliamentary Assembly of the Commonwealth of Independent States international observers group, that arrived in Tajikistan to observe the openness and transparency of the referendum process on amendments and additions to the Constitution.
During the meeting, the Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda speaking about the importance of the changes and additions to the Constitution, in particular noted that in accordance with laws “On the Constitutional Court of the Republic of Tajikistan” and “On referendum of the Republic of Tajikistan” the Constitutional Court has a capacity to determine the compliance of the draft amendments and additions to the Constitution of the Republic of Tajikistan, with the Constitution of the country.
In accordance with this capacity provided by law, prior to the appointment of a referendum and upon the recommendation of the Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan, the Constitutional court considered the draft amendments and additions, as well as due to the Constitutional Court`s ruling of 4 February 2016, the draft amendments and additions to the Constitution of the Republic of Tajikistan was declared constitutional.
Noting the purpose of visit to the Republic of Tajikistan, Representatives of the Interparliamentary Assembly of the Commonwealth of Independent States have paid special attention to the activities of the Constitutional Court, aimed at ensuring the supremacy and direct action of the Constitution.
The meeting was also attended by Deputy Chairman Karimzoda K. M. and judges of the constitutional court of Gulzor M. M. and Hoshimzoda D. D.
From the 16 th to the 20th of May, 2016 an international conference on the theme: “Modern constitutional justice: challenges and perspectives” dedicated to the 25th anniversary of the Constitutional Court of the Russian Federation, and VI Petersburg international legal Forum were hosted in St. Petersburg.
Representatives of bodies of the constitutional control of Austria, Armenia, Belarus, Belgium, Germany, Indonesia, Israel, India, Spain, Kazakhstan, Kyrgyzstan, Korea, Kingdom of Thailand, Serbia, Uzbekistan, France, Finland, Swiss Confederation, Estonia and other countries, also representatives of the European court of human rights, the Venice Commission of the Council of Europe, state authorities of the Russian Federation and legal scholars participated in the international conference.
VI St. Petersburg international legal Forum was also organized at the highest level. More than three and a half thousand representatives from eighty countries participated in the Forum, during which the sides discussed various issues of law, policy, and economics.
The Constitutional Court of the Republic of Tajikistan was represented by Hoshimzoda D. D., who delivered a report on the topic:”Constitutional justice-guarantee the rule of law in Tajikistan”.
On May 6th, 2016, the Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda and judge of the Constitutional Court Davron Hoshimzoda took part in the republican scientific-practical conference on the theme “Development of international public and private law in 25 years of State independence of the Republic of Tajikistan”, which was organized aon the initiative of the law faculty of the Tajik National University.
Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda, speaking with a welcoming speech, expressed his opinion on the development of international public and private law in the period of State independence. He also noted the need for creation of the Department of international law of the law faculty, Professor Mengliev`s role in providing human resources in the field of international law, as well as in the development of this branch of law.
During the conference the questions devoted to the legal regulation of labour relations in private international law peculiarities, the state and development of the science of international law in 25 years of State independence, as well as other topical issues concerning the industry, were discussed
May 4-5, 2016 in the city of Khujand, the Constitutional Court of the Republic of Tajikistan jointly with the Council of justice of the Republic of Tajikistan and GIZ Project “Promotion of legal statehood in Central Asia” held a workshop on “Judicial-legal reform and development of constitutional justice in the Republic of Tajikistan”.
The seminar was attended by the chairmen and judges of the Sughd regional court, courts of cities of Khujand, Buston, Guliston, Istiqlol, Istaravshan, Isfara, Kanibadam, Penjikent, districts of Asht, B. Gafurov, Devashich, Spitamen, J. Rasulov, Shahriston, representatives of a number of specified local executive authorities, and also representatives of the management of the Ministry of justice and the office of Council of justice in the region.
During the seminar the issues concerning the significance of judicial reform in the development of the judiciary, the innovations in the constitutional law of the Republic of Tajikistan “On the Constitutional Court of the Republic of Tajikistan”, the role of this body in ensuring constitutional justice, its powers, the subjects entitled to appeal to the Constitutional Court, the procedure for applying to the body, the importance of the Message of the Constitutional Court in the development of legislation, ensuring of the constitutional legality in the country, the order of execution of judicial acts and other issues were discussed
On the 25th of April, 2016 another issue of the scientific information journal “Herald of the Constitutional Court of the Republic of Tajikistan” No. 1 for the year 2016 in the state and Russian languages, which reflects the activity of the constitutional court, court orders, reports and articles of judges of the constitutional court, as well as scientific articles of legal scholars, was published.
In this issue of scientific and informational journal was published by the decision of the Constitutional Court on the recommendation of the Majlisi Namoyandagon Maglisi Oli of the Republic of Tajikistan “About definition of conformity of the draft amendments and additions made to the Constitution of the Republic of Tajikistan”.
A separate chapter of the journal is devoted to news from the Constitutional Court, which covers information regarding legal proceedings, of the meetings of the management and judges of the constitutional court with foreign guests, information about the conducted meetings of the staff of the court concerning various issues, as well as other important news.
You will have the opportunity to read this issue of the journal in the library or through the website of the constitutional court.
On the 21st of April, 2016 chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda and judge of the Constitutional Court Gulzor Muhabbat took part in the work of “round table” on theme: “Development of civil and entrepreneurial legislation in 25 years of State independence”, which was held at the National centre for legislation under the President of the Republic of Tajikistan.
Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda during the work of the “round table”, held a welcoming speech about the basics of development of civil law in the period of State independence, its role in the regulation of social relations and the development of a market economy, in particular noted that, in general, civil law of the country has provided legal basis for the development of civil legal relations established on the principles of equality and independence of their members, in particular individuals and entities.
On the 7th of April, 2016 the President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda and judge of the Сonstitutional Сourt Davron Hashimzada took part in the international scientific-practical conference on “Current state of science and law on operative-search activity”, which was organized on the initiative of the Ministry of Internal Affairs of the Republic of Tajikistan.
In an opening speech the President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda noted, in particular, that with the adoption of the Constitution in Tajikistan, legal reforms have been actively promoted, which in the short period of time updated legislative framework of the country, concerning the legislation on operative-search activity.
The Criminal Code, the criminal procedures Code were adopted in the new edition. Also in 1998 the law of the Republic of Tajikistan “On operative-search activity” was adopted, which was revised and adopted in a new edition, aimed at regulation of public relations connected with implementation of operational search activities, in 2011.
Despite the existence of an appropriate legal framework in this area, today the crime is takes new forms, in particular, developing modern technologies are increasingly used for committing the crime, which poses a threat to national security and stability of society.
On this basis, the legislative framework of operational-investigative activity needs to be further improved. New methods of preventing and detecting crime are necessary to be developed to ensure the effectiveness of function-based bodies carrying out operative-search activities.
Vice-President of the Constitutional Court of the Republic of Tajikistan Karimzoda K. M. together with Gulzor M. M. and Hoshimzada D.D., Judges of the Constitutional Court, held a meeting with Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression David Kay on the 9 of March, 2016.
During the meeting the sides discussed issues related to the activities of the Constitutional court and direct action of the Constitution.
David Kaye, expressed satisfaction with the rule of law in the country, and payed special attention to the role of the Constitutional court, gave a positive feedback on the existence of the organ of the constitutional control in the country.
