News of Constitutional Court of the Republic of Tajikistan
On April 18, 2019, the Constitutional Court of the Republic of Tajikistan held a meeting with the Judge of the Constitutional Court Hoshimzoda D. and Abdurahimzoda D. with the regional head of the Program for the Promotion of Legal Statehood in the Central Asian Countries GIZ (German Society for International Cooperation) Jorg Pudelka, Acting Head The programs in Tajikistan are Kristina Kore-Perkone and the national coordinator of the Program in Tajikistan.
During the meeting, issues related to strengthening bilateral cooperation aimed at the development of constitutional justice, as an important factor in the development of modern constitutionalism in a democratic state, were discussed.
At the end of the meeting, the parties expressed satisfaction with the level and quality of developing relations.
From February 26 to March 2, 2019, Judge of the Constitutional Court of the Republic of Tajikistan Hoshimzoda D. participated in the International Judicial Colloquium on the theme: “The role of the judiciary in promoting the rule of law in environmental matters” and the twelfth meeting of the Task Force of the Aarhus Convention on Access to justice that took place in the city of Geneva.
Representatives of the judicial bodies and international organizations of various countries, in particular Armenia, Azerbaijan, Albania, Belarus, Hungary, Bosnia-Gertsogovina, Guinea-Bissao, Germany, Georgia, Ireland, Spain, Italy, Latvia, Romania, Kazakhstan, Kyrgyzstan, Macedonia, Moldova, Montenegro, Netherlands, Norway, Romania, Serbia, Slovenia, Slovakia, Ukraine, Czech Republic, Vezia, Howarth, Estonia, Director of the Department for Environment of the European Economic Commission of the United Nations Organizations, representative of the Regional Office of the United Nations Program for the Environment, Chairman of the Forum of the European Union of Judges for the Environment, the Secretariat of the Aarhus Convention and others.
The purpose of the events was to strengthen the capacity of the judiciary to effectively address cases related to environmental issues, implement constitutional environmental human rights, and thereby contribute to achieving the objectives of the Sustainable Development Goals, promoting the rule of law in national and international levels, as well as ensuring equal access to justice for all.
Within the framework of the events, various issues related to ensuring environmental justice and the Sustainable Development Goals were discussed; the use of international law in environmental litigation; capacity building needs in this area for judges and other oversight bodies; regional, subregional and global cooperation to promote effective access to justice in environmental matters; legislation of various countries in the field of access to justice and environmental information; judicial practice on this issue and other relevant issues in this area.
Also at the Bali events, issues related to the relationship of the Aarhus Convention with other multilateral agreements in this area, air quality and strengthening of regional and international cooperation in this area were discussed.
From 1 to 2 November 2018 Judge of the Constitutional Court of the Republic of Tajikistan Gulzor M. and Assistant Chairman of the Constitutional Court of the Republic of Tajikistan J. Ganiev took part in the International Conference on the theme: “Constitutionalism of the new millennium” in the city of Yerevan.
The conference was prepared at a high level on the initiative of the Constitutional Court of the Republic of Armenia together with the International Analytical Center “Constitutional Culture” with the participation of representatives of the constitutional control bodies of Armenia, Austria, Bulgaria, Belarus, Georgia, Saxony, Kosovo, Latvia, Mongolia, the Russian Federation, Tajikistan, European Court of Human Rights. Venice Commission of the Council of Europe, etc.
During the conference, representatives of all the participating countries spoke and noted the role of constitutional culture in shaping the spiritual world of modern man.
All speakers at the conference noted that in the modern world the Constitutional Court acts as an important element of the political system and serves to ensure social stability in the conditions of developing democracy and reforming society, and also solves existing problems in the area of constitutional legality, as an important part of its competence is checking for compliance with the Constitution of regulatory legal acts issued by public authorities.
From 11 to 12 October 2018, the Summit of the Supreme Court of Cassation and Equivalent Institutions on the theme: “Transparency of judicial procedures” was held in the city of Istanbul of the Republic of Turkey.
Representatives of the supreme bodies from 18 countries of the world and representatives of authoritative international organizations from such countries as Afghanistan, Hungary, Indonesia, Kazakhstan, Kyrgyzstan, Malaysia, participated in the work of this representative forum, which was initiated by the Supreme Court of Cassation of the Republic of Turkey. Tajikistan, Thailand, Turkey, Uzbekistan, the Eurasian Economic Court, representatives of state structures of the Republic of Turkey, etc.
The conference was prepared at a very high level and it discussed the most up-to-date topical issues regarding the work of judicial bodies of all instances in ensuring the constitutional stability of states, the role of courts in protecting human and civil rights and freedoms in modern conditions.
The judge of the Constitutional Court of the Republic of Tajikistan Gulzor M. took part in the conference.
From September 17 to September 22, 2018, Saidova N., assistant judge of the Constitutional Court, and Khakimova G., lead specialist of the Constitutional Court of the Republic of Tajikistan in Ankara, Republic of Turkey, made an official visit. They participated in the sixth Summer School of the Association of Constitutional Judges of Asian Countries and Equivalent Institutions. The theme of this event was “Rights to Freedom and Security”.
Representatives of the constitutional courts of the Republic of Belarus, Georgia, Indonesia, Kazakhstan, Korea, Kyrgyzstan, Malaysia, Mongolia, Ukraine and other countries also participated in this training course.
During the trainings, topics related to human rights and regulatory legal acts of these countries in the field of security, protection of human rights and freedoms, and guarantees of the right to privacy were considered.
Khakimova G. delivered a report on the topic: “Rights to Freedom and Security” and focused the attention of the participants on the role of the Constitutional Court, ensuring freedom and security, and the rights of man and citizen in the Republic of Tajikistan.
The latter, in her introduction, noted that all regulatory legal acts regulating this issue were adopted in the Republic of Tajikistan. They are aligned with the Constitution. On the issue under consideration, which is very relevant in the modern world, an exchange of views took place.
The materials and reports of the training participants by the program organizer will be collected as a compendium and will be published.
On August 26-29, 2018, in order to participate in an international conference on the theme: “The Constitution: Embodying the Values of the Rule of Law, Civil Society and the Modern State”, a working visit of the Chairman of the Constitutional Court Mahmudzoda M.A. and the head of the department for the legal support of Judge Nurlyaminzoda G.A. to the city of Astana Republic of Kazakhstan.
The international conference, which was held on the initiative of the Constitutional Council of the Republic of Kazakhstan in honor of the Constitution Day of the Republic of Kazakhstan, was attended by representatives of the constitutional control bodies of various countries and international organizations, in particular the Russian Federation, Azerbaijan, Algeria, Armenia, Belarus, Bulgaria, Georgia, Kyrgyzstan, Latvia, Mangolia, Turkey, Uzbekistan, Ukraine, Venice Commission of the Council of Europe, representatives of public authorities of the Republic of Kazakhstan, scientists, working in the field of law, and others.
The conference discussed various issues relating to the Constitution and constitutionalism, the Constitution as the basis for the development of the state and society, ensuring law and order, the role of the Constitutional Court in protecting the constitutional rights of man and citizen, the rule of law – the most important guarantee for the development of civil society and implementation of constitutional values, experience of judicial constitutional review in different countries and other relevant issues from the field of law.
Chairman of the Constitutional Court of the Republic of Tajikistan Mahmudzoda M.A. during the conference, made a presentation on the topic: “Constitutional justice in the Republic of Tajikistan: guaranteeing the implementation of constitutional values” and in his speech noted the role of the Constitutional Court in ensuring the supremacy of the Constitution of the Republic of Tajikistan, implementing constitutional values, ensuring the principle of separation of powers, strengthening democratic values as well as the significance of decisions of the bodies of constitutional control in the implementation of the provisions of the Constitution.
On August 1-6, 2018, in order to participate in the international conference on the topic “Constitutional Justice and Democracy”, a working visit was held by the judge of the Constitutional Court Abdullozoda L.I., Hoshimzoda D.D. and Assistant Judge of the Constitutional Court Temirov V. to the city of Seoul, Republic of South Korea.
Representatives of more than thirty different countries and international organizations, in particular Afghanistan, Azerbaijan, Algeria, Armenia, Bulgaria, took part in the international conference, which was held at the initiative of the Constitutional Court of Korea in honor of the 30th anniversary of its formation. Bolivia, Georgia, Spain, Kazakhstan, Kyrgyzstan, Latvia, Malaysia, Mangolia, Mexico, New Zealand, Russian Federation, Romania, Slovenia, United States of America, Uzbekistan, Thailand, Turkey, Ukraine, Croatia, the Venice Commission of the Council of Europe Rope, representatives of the judiciary of the Republic of Korea, scholars of the law and others
The Chairman of the Constitutional Control Authority of the Republic of South Korea and the President of the Venice Commission of the Council of Europe, at the beginning of the conference, welcomed the participants and noted the role of constitutional justice in the modern world, in particular in the area of ensuring the supremacy of the Constitution. and the protection of the rights and freedoms of man and citizen.
The conference discussed various issues relating to constitutionalism, the role of the Constitutional Court in ensuring the supremacy of the Constitution, the protection of the constitutional rights of man and citizen, the role of constitutional justice in the implementation of constitutional values, the principle of separation of powers, strengthening democracy, judicial experience in various countries and other relevant issues of the field of law.
Judge of the Constitutional Court of the Republic of Tajikistan Hoshimzoda D.D. in the course of the conference, made a presentation on the subject “The body of constitutional control is a dynamically developing institution of a democratic state” and in his speech noted the role of the Constitutional Court in ensuring the supremacy of the Constitution of the Republic of Tajikistan, protecting the constitutional rights of man and citizen, strengthening execution of decisions of bodies of constitutional control in the development of constitutionalism and the implementation of the provisions of the Constitution of the country
July 10, 2018, on the 62nd year of life, a wonderful man, a professional lawyer – judge of the Constitutional Court of the Republic of Tajikistan Zoirzoda SharoFiddin Yunus died.
Zoirzoda S.Y. was born on November 20, 1956. After graduating from the legal faculty of the Tajik State University, in 1982-1993 he worked as an intern of the legal department, as a lawyer and as a lawyer of the legal department of the Kolkhozobod District. In March 1987 he was elected a member of the Presidium of the Bar of the Republic of Tajikistan.
From 1993 to 1996 he worked as a consultant – chief specialist of the Committee of the Supreme Council of the Republic of Tajikistan on legislation, law and order and human rights, senior adviser to the Majlisi Oli Committee of the Republic of Tajikistan on the Rule of Law of Defense and Security.
From 1996 to 2001 he worked as an adviser and senior adviser the President of the Republic of Tajikistan on legal issues, from November 2001 to February 2004, Deputy Chairman of the State Committee for Investments and State Property Management of the Republic of Tajikistan.
In February 2004, he was elected to the Majlisi Namoyandagon Majlisi Oli of the Republic of Tajikistan, from 2005 to 2012 he worked as a chief of the legal department of the Majlisi Namoyandagon apparatus and a deputy head of the Majlisi Milli apparatus.
From December 13, 2012 until the last days of his life, he was a judge of the Constitutional Court of the Republic of Tajikistan.
He was awarded with state awards, diplomas of the Majlisi Milli and the Constitutional Court.
Sharofiddin Zoirzoda, working in various government agencies, made a significant contribution to the development of legislation and the body of constitutional supervision in the Republic of Tajikistan. He was a worthy person and a bright and kind person.
The collective of the Constitutional Court of the Republic of Tajikistan expresses sincere condolences to the relatives and friends of Sharofiddin Zoirzoda on the occasion of his untimely death.
A good memory of Zoirzoda SharoFiddin Yunus will always remain in the hearts of colleagues and friends.
Collective of the Constitutional Court of the Republic of Tajikistan
From May 23 to May 26, 2018, for the purpose of participating in the International Conference on the Role of the Constitutional Court in the Globalized World of the 21st Century, a working visit was made by Judge D. D. Khoshimzoda, Judge of the Constitutional Court of the Republic of Tajikistan. to the city of Riga. Republic of Latvia.
Representatives of the bodies of constitutional control of more than twenty-five countries and international organizations, in particular, Austria, Belorussia, Belgium, Bulgaria, and Vienna, participated in the work of this international level event, which was held at the initiative of the Constitutional Court of the Republic of Latvia. Germany, Georgia, Spain, Kazakhstan, Kyrgyzstan, Luxembourg, Moldavia, Norway, Poland, Romania, Slovenia, Ukraine, France, Czech Republic, Croatia, Estonia, the Venice Commission of the Council of Europe, the European Commission Human Rights oud, representatives of state authorities of Latvia and others.
Various issues related to constitutionalism, cooperation between constitutional courts and the European Court of Human Rights, the role of constitutional courts in the context of the globalization of the 21st century, the protection of fundamental human rights in the context of globalization, the Constitutional Court and social controversy, the influence of constitutional justice on the jurisdiction of courts of general jurisdiction, international standards for the implementation of decisions of constitutional courts, constitutional justice, an important development factor of constitutionalism, the provision of constitutional law in different countries and other relevant issues in the field of law.
In the course of the Conference, the judge of the Constitutional Court of the Republic of Tajikistan D. Hoshimzoda, speaking on the issue of the rule of law and constitutional justice noted the important role of the constitutional law of justice in the development of modern constitutionalism.
From 26 February to 1 March 2018, Judge Khoshimzoda D. of the Constitutional Court of the Republic of Tajikistan participated in the eleventh case of the Task Force on Access to Justice and its special session for the judiciary, which was held in Geneva.
In the work of this international event, which was initiated by the economic commission, the United States, Albania, Belarus, Bosnia-Herzegovina, Germany, Georgia, Ireland, Spain, Italy, Latvia, Romania, Kazakhstan, Kirgizia, Macedonia, Malta, Moldova, Montenegro, The Netherlands, Norway, Romania, Serbia, Slovenia, Slovakia, Ukraine, the Czech Republic, Sweden, Khovartia, Estonia, the Human Rights Commissioner in Eurpope, the secretariat of the Aarhus Convention and others.
As part of the events, various issues related to litigation in cases related to obtaining information were discussed: innovative procedural rules, timeliness, prioritization of cases and monitoring; requests for information / disclosure in support of litigation in environmental matters; need for capacity-building in this area for judges and other oversight security regional, subregional and global cooperation to promote effective access to justice in the field of the environment; laws of different countries in the field of access to justice and environmental information; judicial practice and other relevant issues in the sphere.
February 12, 2018 “Bulletin of the Constitutional Court of the Republic of Tajikistan” No. 3-4 for the year 2017 in the state and Russian languages, which reflects the Message The basis of peace and national unity – the leader of the nation, the President of the Republic of Tajikistan, the respected Emomali Rahmon, and the definition of the court, articles of the Chairman and judges of the Constitutional Court of the country and foreign states, as well as articles of legal scholars.
This issue of the scientific and information magazine published a resolution on the petition of citizens Khuramov Z.N. and Hasanov JK “On determining the compliance of the fourth paragraph of Part 4 of Article 59 of the Law of the Republic of Tajikistan of 12 January 2010, No. 595” On Insurance and State Pensions “and the first paragraph of the order of the Agency of Social Insurance and Pensions of the Government of the Republic of Tajikistan of January 30, 2017, No. 6” On the full transition to a new system of pension provision for citizens and the procedure for allocating pensions from January 1, 2017, “Article 39 of the Constitution of the Republic of Tajikistan”, as well as three 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 inside the country and abroad, information about the meetings of the court staff concerning 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.
