News of Constitutional Court of the Republic of Tajikistan
On February 13, 2017, the Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda received the representatives of the GIZ Project “Promotion of Legal Statehood in the Countries of Central Asia” (German Society for International Cooperation) Yorg Pudelka, Lothar Jan, Tilman Schneider, Victor Kessler and Abdurazok Alimardonova.
During the meeting, issues related to prospects for the development of bilateral cooperation of the Constitutional Court of the Republic of Tajikistan with the GIZ Project “Promotion of legal statehood in the countries of Central Asia” were discussed. The parties, expressing their satisfaction with developing mutual relations, also expressed readiness for further strengthening of them.
In the course of the meeting, the parties also expressed their opinion on the activities of the Constitutional Court of the Republic of Tajikistan in the field of ensuring supremacy and direct action of the Constitution, and also noted the important role of this body of constitutional control in arranging the discrepancy between the normative acts of the Constitution.
The meeting was also attended by Deputy Chairman of the Constitutional Court of the Republic of Tajikistan Karimzod Karim, judging the Constitutional Court of Khoshimzoda Davron and the head of the Constitutional Court apparatus Gulzoda Abdumadzhid.
On January 9, 2016, in the court session of the Constitutional Court, the head of the farm “Mokhiparvar” M.D. Mallaeva was examined. “On the discrepancy between the law and the resolutions of the Government of the Republic of Tajikistan dated September 1, 2005, No. 342, December 30, 2000, No. 515 and December 30, 2011, No. 641 of paragraph 2 of the resolution of the Government of the Republic of Tajikistan dated December 30 2011, No. 669 “.
During the consideration of this application, it was found that the solution of the issue indicated in it, in particular the discrepancy between the law and the decisions of the Government of the Republic of Tajikistan, paragraph 2 of the Decree of the Government of the Republic of Tajikistan of December 30, 2011, No. 669, as well as legal assessment on this issue, does not fall within the competence of the Constitutional Court, and is not the subject of a constitutional dispute. Since, in accordance with Article 34 of the Constitutional Law of the Republic of Tajikistan, “The Constitutional Court of the Republic of Tajikistan”, the Court of Law does not consider issues relating to the conformity or inconsistency of laws and decisions of the Government of the Republic of Tajikistan to each other, and also does not give a legal assessment of such matters.
Also, the decision of the Government of the Republic of Tajikistan, which has become the subject of the dispute of the applicant, is of an individual nature and applies exclusively to the farm “Mohi-Parvar” and is not a normative act. In accordance with the provision of Part 3 of Article 21 of the Law of the Republic of Tajikistan “On Normative Acts of Law”, resolutions of the Government of the Republic of Tajikistan, having an individual character, are not normative acts.
On the basis of Article 89 of the Constitution of the Republic of Tajikistan and Article 34 of the Constitutional Law of the Republic of Tajikistan “On the Constitutional Court of the Republic of Tajikistan”, the Constitutional Court examines exclusively issues of compliance with the normative legal acts of the Constitution.
Proceeding from this, the Constitutional Court, in connection with the fact that the consideration of the issue indicated in the petition is not within the competence of the Constitutional Court, refused to initiate a constitutional court order on the petition of M. Mallayeva, head of the farm “Mokhiparvar”.
December 28, 2016 in the Constitutional Court of the Republic of Tajikistan to clarify the historical significance of the resolution of the General Assembly of the United Nations of December 21, 2016 on the International Decade of Action “Water for Sustainable Development 2018-2028”, adopted at the initiative of the Founder of Peace and national unity, the Leader of the Nation, the President of the Republic of Tajikistan, the respected Emomali Rahmon, as well as the content and essence of the Address of the Head of State to the Parliament of the country, a meeting was held.
The meeting was attended by the members of the Constitutional Court, the director of the Institute of Water, Hydropower and Ecology of the Academy of Sciences of the Republic of Tajikistan, Kobuliev Z.V., as well as students of the Tajik National University and Russian- -Tajik Slavonic University.
In the course of the meeting, the participants made presentations on the historical significance of the creative initiatives of the Leader of the Nation, the President of the Republic of Tajikistan, the respected Emomali Rahmon on water issues that were accepted by the world community, as well as the content The President’s Address to the Parliament.
During the meeting, the Chairman of the Constitutional Court of the Republic of Tajikistan, Makhkam Makhmudzoda, in particular noted that in the period of state independence, thanks to the efforts of the Founder of Peace and National Unity, the Leader of the Nation, the President of the Republic of Tajikistan, Emomali Rahmon, with water problems were raised to the international level and the attention of the world community was drawn to this global problem.
By the creative initiatives of the Head of State, United Nations resolutions 2005-2015 were committed to the International Decade for Action “Water for Life”, and 2013, the “Year of International Cooperation on Water Issues”. On the basis of which, the necessary measures were taken in a short period to eliminate existing problems in this direction.
Today our pride is that this historic year is the 25th anniversary of the State Independence, another timely and noble initiative of the President of the Republic of Tajikistan, the respected Emomali Rahmon, was supported by the international community, and on 21 December this year the United Nations General Assembly adopted resolution on the International Decade for Action “Water for Sustainable Development 2018-2028”.
This factor is another proof that the solution of global and regional water issues is one of the most important directions of the international policy of our state and the initiative of the President of the Republic of Tajikistan, the respected Emomali Rahmon, in this regard are aimed at the welfare of the inhabitants of the planet and their access to fresh water.
Also, the meeting heard reports on clarifying the content and essence of the President’s Address to the Parliament of December 22 this year. In particular, it was noted that the Address of the President of the Republic of Tajikistan to the highest representative and legislative body of the country, as the program political and legal document of the year, determines the main directions and conditions for the development of the state and society, and on the basis of this document, political, economic, social, cultural and ideological processes.
This strategic document, which sums up the development of various spheres of society in a certain period, determines the direction of the implementation of a balanced state policy with the aim of implementing state programs and strategies to solve social problems of the population.
In the next Message, various pressing issues of the society were considered, and with a view to achieving more significant results in the medium term and in the near future, certain tasks were set.
In particular, the Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda noted that, based on the fact that the Constitution, as a political-prorovoy document has historical significance in the development of a democratic and legal state, the leader of the nation, the President of the Republic of Tajikistan, Emomali Rahmon, in his Message to Parliament suggested that the compulsory study of the Constitution, as well as the laws of the Republic of Tajikistan “On the regulation of traditions, celebrations and rituals in the Republic of Tajikistan n “and” On the responsibility of parents for the education and upbringing of children. “
In the Address, special attention was also paid to the development of legal foundations in the country, and with a view to further developing lawmaking activities, the President of the country considered it necessary for relevant ministries and departments to develop the Concept of the Legal Policy of the Republic of Tajikistan.
At the end of the meeting, its participants noted that the implementation of the goals of the President’s Address is aimed at implementing the constitutional tasks of the state, which are reflected in the country’s Constitution, and their purpose is primarily to strengthen the foundations of a just society, which in turn contributes to the development of a democratic and rule-of-law state in which man, his rights and freedoms are recognized as the highest value, as well as the strengthening of national interests, peace, stability and national unity.
On December 22, 2016, the next issue of the scientific and information magazine “Bulletin of the Constitutional Court of the Republic of Tajikistan” No. 3 for 2016 was published in the state and Russian languages, which reflects the activities of the Constitutional Court, judgments and rulings of the court, articles of judges of the Constitutional Court of the country and foreign states, as well as articles of scholars of jurisprudence.
This issue of the scientific and information magazine published a resolution on the petition filed by the Director General of the Najot Company of Isfara Isomdinova N. “On determining the conformity of the fourth, fourteenth and seventeenth paragraphs of p. 2.4, clause 4.1, the first, second and the seventh paragraph of clause 4.4 of the Charter of the State Unitary Enterprise “Road Transport and Logistics Services” approved by the decree of the Ministry of Transport of the Republic of Tajikistan on February 13 ala 2013, No. 32 article 12 of the Constitution of the Republic of Tajikistan”, as well as two court rulings.
A separate chapter of the journal is devoted to the news of the Constitutional Court, which covers information related to the proceedings, the participation of representatives of the Constitutional Court in various events, both domestically and abroad, information about court meetings held on various issues, as well as other important news.
Those who wish can have the opportunity to read this issue of the magazine and take advantage of the information published in it in the library or through the website of the Constitutional Court.
On November 4, 2016, a solemn meeting was held in the Constitutional Court of the Republic of Tajikistan in honor of the 22nd anniversary of the adoption of the Constitution of the Republic of Tajikistan with the participation of the leadership, judge and staff of the Constitutional Court apparatus, the representative of the Academy of Sciences of the country, teachers and students of the Faculty of Law of the Tajik National University.
The Chairman of the Constitutional Court of the Republic of Tajikistan, academician Mahkam Mahmudzoda, opening the solemn event, noted the importance of the Constitution in the development of a democratic state, in particular, he noted that in the 1990s, under the leadership of the Founder of Peace and National Unity, the Leader of the Nation, the President of the Republic of Tajikistan, Emomali Rahmon’s acceptance by the people of the country through the nationwide referendum of the first Constitution of independent Tajikistan is the greatest achievement.
With satisfaction, it can be noted that this historical document reflecting the highest interests of the nation and an independent state, officially brought Tajikistan closer as a democratic, legal and independent state with the world community and became the most important factor in guaranteeing stability and political stability of the society.
Along with other bodies of state power, the Constitution also laid the legal foundation for the formation of the Constitutional Court of the Republic of Tajikistan and today this independent body of the judiciary is fruitfully exercising constitutional control in the country regarding the protection, ensuring the supremacy and direct action of the Constitution.
Academician of the Academy of Sciences of the Republic of Tajikistan Rakhimov Rashid Karimovich, who is a member of the working group for drafting the Constitution, speaking at this event, spoke about the history of the development, discussion and adoption of this important legal act, and in particular noted that within two months of discussing the draft Constitution, the people of the country more than eight and a half thousand proposals were proposed, and in the end, taking into account the will of the people, on November 6, 1994 the Constitution was adopted.
At the solemn event, also the historical importance of the Constitution in the development of the rule of law, the realization of human and civil rights and freedoms, the formation of state structures, the enhancement of Tajikistan’s international status and the need to improve the Constitution in different years were made by the staff of the Constitutional Court of the Republic of Tajikistan and the teacher of the Faculty of Law of Tajik National University.
October 20-23, 2016 in the Republic of Armenia the Yerevan International Conference “The Role of the Constitutional Court in Overcoming the Gap in Law and Legal Uncertainty” was held.
Representatives of the constitutional oversight bodies of more than thirty countries, international organizations, in particular the Council of Europe, the European Court of Human Rights, as well as representatives of the state authorities of the Republic of Abkhazia participated in the work of this international event, initiated by the Constitutional Court of the Republic of Armenia and the Venice Commission of the Council of Europe. Armenia.
The Constitutional Court of the Republic of Tajikistan at this event was presented by the Chairman of the Constitutional Court Mahkam Mahmudzoda and judging the Constitutional Court Davron Khoshimzoda.
During the conference, issues related to constitutional monitoring were discussed, as a guarantee to overcome the deficit of constitutionalism, the rule of law and its practical expression, constitutional guarantees for the dependence of the judicial system, the guarantee of the Constitution and the implementation of decisions of the Constitutional Court, the role and significance of the Constitutional Court in overcoming a gap in the law and legal uncertainty, as well as other issues related to the development of constitutionalism, taking into account the experience of various countries of the world.
Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda made a report on the topic “The role and importance of the Constitutional Court of the Republic of Tajikistan in overcoming the gap in the law and legal uncertainty” and presented to the attention of those present the activities of the Constitutional Court of the country in overcoming the gap in legislation and ways to ensure the implementation of decisions of the Constitutional Court.
Within the framework of this working trip, along with representatives of more than thirty-seven countries, the Chairman of the Constitutional Court Mahkam Mahmudzoda became a co-founder of the International Analytical Center “Constitutional Culture, which was established on the initiative of the Constitutional Court of Armenia, whose goal is to raise the level of the conciliation culture in society.
From October 9 to 15, 2016, in order to participate in training courses on the topic: “Information Technology Services for the Constitutional Court”, a working visit was made by the assistant Chairman of the Constitutional Court of the Republic of Tajikistan G. Mustafakulov, the assistant to the judge of the Constitutional Court N. Kamishev and the leading specialist N. Rakhimova to Seoul, Republic of Korea.
Training courses were ordered by the Ministry of Science and Future Planning of the Republic of Korea and were organized by the National Agency for the Development of Information Technology of the Republic of Korea (NIPA) for constitutional courts where representatives of the constitutional control bodies of the Republic of Azerbaijan, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Uzbekistan, Malaysia, Mongolia, Republic of Indonesia, Myanmar, Philippines, Thailand and Burundi were participated.
Within the framework of the working visit on October 14, 2016, according to the program of training courses, the representatives of the Constitutional Court of the Republic of Tajikistan visited the Constitutional Court of the Republic of Korea and familiarized themselves with the activities of the court, electronic equipment of the courtroom, electronic library, electronic office work, the network system of the general department, cyberspace and electronic security center and so on. During the fact-finding visit, meetings were held with the judge of the Constitutional Court of the Republic of Korea, Mr. Cho Yongho, and the Secretary General of the Constitutional Court of the Republic of Korea, Mr. Yong Hong Kim, during which opinions were expressed on topical issues of constitutional justice.
At the end of the training course by the management of the National Agency for the Development of Information Technology of the Republic of Korea (NIPA) in a solemn ceremony Certificates “ICT Information Technologies Services for the Constitutional Court” were given to participants of the training courses.
On the 29th of August, 2016 at the Nation Palace the Founder of the peace and national unity – the Laader of the Nation, the President of the Republic of Tajikistan Emomali Rahmon in honor of the 25th anniversary of the State Independence of the Republic of Tajikistan, together with representatives of various professions has awarded the medal «Hizmati shoista» to Vice-President of the Constitutional Court of the Republic of Tajikistan Karim Karimzoda Mazie.
From 8 to 12 August this year Bali, Republic of Indonesia hosted the Third Congress of the Association of Asian constitutional courts and equivalent institutions, as well as meeting members of the Association, which includes the Constitutional Court of the Republic of Tajikistan.
The Congress was attended by the President of the Republic of Indonesia Mr. Joko Widodo, representatives of bodies of the constitutional control more than twenty countries, international institutions and state power bodies of the Republic of Indonesia.
The Constitutional Court of the Republic of Tajikistan at the Third Congress of the Association was presented by President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda, by the judge Davron Hoshimzoda and Chief of staff of the constitutional court Abdumajid Gulzoda.
In the framework of this important international event the issues concerning the dissemination and protection of the constitutional rights of citizens, the role of the decisions of constitutional courts and equivalent institutions in implementation and protection of constitutional rights of citizens, modern means of strengthening the protection of the constitutional rights of citizens, the role of constitutional control organs in ensuring the supremacy and direct effect of the Constitution, as well as other issues relating to the promotion of constitutionalism based on the experience of different countries were discussed.
At this event the President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda made a presentation on “the Role of the Constitutional Court of the Republic of Tajikistan in the protection of the rights and freedoms of man and citizen” which provided information on the activities of the constitutional court in ensuring the supremacy of the Constitution and protection of the rights and freedoms of man and citizen.
On the Third Congress of the Association of Asian constitutional courts and equivalent institutions, its participants adopted the Bali Returns which reflects the commitment of the members of the Association for the strengthening and use of modern mechanisms for the protection of constitutional rights of citizens.
In the framework of this working visit to the Republic of Indonesis the Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda met with the President of the Constitutional Court of the Republic of Indonesia – Chairman of the Association of Asian constitutional courts and equivalent institutions, as well as the presidents of the constitutional courts of Korea, Kazakhstan and representatives of constitutional courts of other countries in the course of which they discussed issues concerning the strengthening of mutual cooperation.
With the aim of expanding and strengthening international relations in the course of the visit a Memorandum on cooperation between the Constitutional Court of the Republic of Tajikistan and the Constitutional Court of the Republic of Korea was signed. This legal act is an important legal basis for strengthening and development of international relations of the constitutional control organs of the two friendly States.
It should be noted that to this day the Constitutional court of the Republic of Tajikistan has signed a Memorandum of cooperation with the Constitutional court of the Russian Federation, the Republics of Armenia, Korea, Kyrgyzstan, Romania, Turkey and Ukraine, which are under implementation.
July 8, 2016, in the courtroom of the Constitutional Court of the Republic of Tajikistan a final semi-annual reporting meeting with participation of judges and staff of the Constitutional Court of the Republic of Tajikistan was held.
Opening the meeting, Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda noted some important issues of activities of the Constitutional Court and reminded participants about the need to thoroughly and comprehensively analyze the results of the work of the Constitutional Court for the 1st half of 2016
The main report on the outcome of the Constitutional Court of the Republic of Tajikistan activities for the 1st half of 2016 was delivered by the Deputy Chairman of the Constitutional Court of the Republic of Tajikistan Karimzoda K. M.
The Chief of staff of the Constitutional Court of the Republic of Tajikistan Gulzoda A. A. in his report analysed the results of execution of individual items of the work plan of the staff of the Constitutional Court on the 1st half of 2016.
During the meeting reports were also made by the judges and staff of the Constitutional Court.
At the end of the meeting, the Chairman of the Constitutional Court of the Republic of Tajikistan M. Mahmudzoda expressed gratitude to the staff of the Constitutional Court for a successful and fruitful work.
On results of work of the Constitutional Court of the Republic of Tajikistan in the 1st half of 2016 Assembly adopted a relevant resolution.
On the 24th of June, 2016 at the Constitutional Court of the Republic of Tajikistan in honor of the holiday of National unity and the 25th anniversary of the State independence of the Republic of Tajikistan with the participation of scientists, representatives of state bodies and officials of the constitutional court a “round table” on a theme “the constitutional court is the brainchild of State independence was held.
The representative of the President of the Republic of Tajikistan in the Constitutional Court of Shonazarov S. A., Director of the National centre for legislation under the President of the Republic of Tajikistan Rahimzoda M. Z., the Director of the Agency for drug control under the President of the Republic of Tajikistan Salimzoda O. sh. also participated and gave presentations at the round table.
Chairman of the Constitutional Court of the Republic of Tajikistan Makhkam Mahmudzoda, in his opening speech at the “round table” noted in particular the historical, political, legal, social and cultural importance of National unity and State independence in the development of the newest statehood. Mahkam Mahmudzoda also 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, esteemed Emomali Rahmon, the country managed to achieve peace and unity, and stabilization of the complicated political situation.
Fourteen reports of scientists and representatives of government agencies dealing with various aspects of the historical significance of National unity and State independence in the development of the state were generally presented at the “round table”.
