News of Constitutional Court of the Republic of Tajikistan
On the 3d of March, 2016 in the city of Yerevan (Republic of Armenia), the conference of the Constitutional Control Organs of the Countries of New Democracy, in which the constitutional Court of the Republic of Tajikistan is also an active member, issued two numbers of the Bulletin “Constitutional JUSTICE” No. 3 (69) 2015 and No. 4 (70) 2015.
These publications are devoted to the international conference in honor of 20th anniversary of the constitutional Court of the Republic of Tajikistan on the theme “Constitutional justice is a guarantee of the supremacy of the Constitution”, which was held on 17-18 September 2015 in Dushanbe with the participation and speech of the President of the Republic of Tajikistan, esteemed Emomali Rahmon, representatives of bodies of the constitutional control from more than twenty countries, statesmen and scientists in the sphere of the constitutional law of foreign countries, and also representatives of bodies of state power of the Republic.
Publications cover a speech by the President of the Republic of Tajikistan, esteemed Emomali Rahmon and other participants of the Dushanbe international conference in Russian and English languages.
The Conference Constitutional Control Organs of the Countries of New Democracy is composed of the organs of the constitutional control more than forty countries and published journals are regularly sent to the members of the Venice Commission of the Council of Europe and other international organizations and have numerous readers
On the 2nd of March, 2016 the Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda and judge of the Constitutional Court Davron Hashimzada took part in the enlarged meeting with academics and students of the Tajik technical University named after academician M. Osimi in order to clarify the contents of the draft of amendments submitted to the Constitution of the Republic of Tajikistan.
The President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda in his speech justified the need for changes and additions to the Constitution, noted that they emanate from political, social and economic factors in the development of society and the state, social relations, development of the legal system, as well as other critical factors that justify the need to bring in accordance the provisions of the Constitution.
During the meeting, judge of the Constitutional Court Davron Hashimzada also clarified some specific points of the project of amendments and additions to the Constitution, noted that it is a logical sequence of legal, political and social reforms in the country, and is connected to the accession of the state and society in the modern period of development, and taking into account the requirements of time and society, is aimed at strengthening the foundations of the constitutional system, the constitutional status of citizenship, legislative, executive and judiciary authorities and development of local self-government body.
After the presentations Mahkam Mahmudzoda and Davron Hashimzada answered the questions of teachers and students, and encouraged all to actively participate in the referendum.
On the 22nd of February, 2016 in the courtroom of the Constitutional Court of the Republic of Tajikistan with participation of staff of the Constitutional Court an enlarged meeting for the purpose of clarification of the project of amendments and additions to the Constitution of the Republic of Tajikistan took place.
The President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda, opening the meeting, noted that on May 22nd this year a nationwide referendum on making amendments and additions to the Constitution of the Repbulic of Tajikistan in the country will be held, in connection with which events on clarifying the essence of the need to make amendments and additions to the Constitution today across the country are held.
The draft of amendments and supplements in accordance with articles 98 and 99 of the Constitution, submitted by members of the Majlisi Milli and deputies of Majlisi Namoyandagon, the full text of which for the purpose of the population`s awareness is published in media.
The assignment of the referendum in accordance with the laws of the country and conformity of the project of amendments and additions to the Constitution with the Constitution of the Republic of Tajikistan were considered by the Constitutional court of the Republic of Tajikistan and the constitutional court’s judgment of 4 February 2016, the project of amendments and additions was found to comply with the Constitution of the Republic of Tajikistan.
Changes and additions are aimed at strengthening the foundations of the constitutional system, the constitutional status of citizenship, legislative, executive and judicial authorities and reflect the further democratization of political and social life of the Tajik society.
The President of the constitutional court of the Republic of Tajikistan Mahkam Mahmudzoda, also noted the importance of amendments to improve the provisions of the Constitution, and clarified paragraphs of the draft in a detailed way .
THE ADDRESS IS THE MOST IMPORTANT POLITICAL AND LEGAL DOCUMENT
On the 9th of February, 2016 in the courtroom of the Constitutional court of the Republic of Tajikistan held meeting, dedicated to the message of the Founder of the peace and national unity – the Leader of the nation, the President of the Republic of Tajikistan, esteemed Emomali Rahmon, to the supreme representative and legislative body of the country with the participation of judges, employees of the Constitutional court and students of the law faculty of the Tajik national University. The President of the Constitutional court of the Republic of Tajikistan, academician Mahkam Mahmudzoda opening the meeting, noted that the Message of the President of the Republic of Tajikistan, the Leader of the nation, esteemed Emomali Rahmon to the Majlisi Oli, as the most important political and legal document, which is determining directions and conditions of development of the state and society, and on the basis of which political, economic, social and cultural,ideological processes are rapidly implemented in the country. On the basis of the tasks set in the address, the policy of the state and the activities of all state bodies are directed to identify ways to address critical social issues, reduce the impact of external factors, in particular, the impact of the financial crisis on the national economy, as well as to ensure the implementation of the goals of the social state, i.e. creation of conditions that provide decent life and free development of every individual. In the President’s Message the impact of transformations on the modern world management system of world politics is analysed, which is seen in terms of geopolitical and geostrategic rivalry between powerful states, and takes into account the principles of international law. At the meeting the judge of the Constitutional court –Hashimzada D. and Head of Department for legal support of activities of Constitutional court judge Nurlyaminova G. A. also held speeches for clarification of the contents of the President’s address to Parliament.
On the 4th of February, 2016 under the chairmanship of the President of the Constitutional court of the Republic of Tajikistan Mahkam Mahmudzoda a court session which examined the proposal of Majlisi Namoyandagon of Majlisi Oli of the Republic of Tajikistan “About determination of conformity to the Constitution of the Republic of Tajikistan of the draft changes and amendments to the Constitution of the Republic of Tajikistan” was held.
The Constitutional court of the Republic of Tajikistan, considering the in-depth insight of Majlisi Namoyandagon of Majlisi Oli of the Republic of Tajikistan, has noted that the Constitution of the Republic of Tajikistan, as a political document, and the act having the Supreme legal force with the aim of protecting the rights and interests of individuals, society and the state, embodies the fundamental values of the world community, and determines the particularity of the government of Tajikistan, as a sovereign, democratic, legal, secular and unitary state.
The Constitution, reflecting the highest national interest and the independent state of Tajikistan, determines the immutability of the republican form of government, territorial integrity, democratic, legal, secular and social essence of the state as the main condition of the stability of the state and the nation. This normative legal act has created necessary legal conditions for political and economic independence, the implementation of the peace-loving policy, raise of the profile of the Tajik state and the nation in international relations, and political and social stability of Tajik society.
Changes and amendments to the Constitution correspond to the present stage of development of the state and society, and are aimed at strengthening the foundations of the constitutional order, guarantees the protection of the rights and freedoms of man and citizen, strengthen the constitutional status of citizenship, legislative, executive and judicial authority, ensures formation of local governments, active involvement of citizens, especially young people in political life and governance. They are reinforcing the protection of the rights and freedoms of man and citizen, which, in their turn, define the objectives and activities of state authorities and local self-government, and are protected by the judiciary branch. In general, they promote public safety, national defense, public morality, public health, and the rule of law.
Presented changes and additions, on a whole, improve the supreme value of the Constitution, reflect the further democratization of political and social life of the tajik society, strengthen legal protection of each citizen, and ensure further socio-political, legal and judicial reform in the country. They focused on improving the norms of the Constitution, and correspond to the values and fundamental principles of the Constitution of the Republic of Tajikistan, as well as to the international practice of making amendments to the Constitution.
On this basis, the draft of changes and amendments to the title and text of article 1, 5, 7, 8, 14, 15, 16, 18, 20, 27, 28, 32, 34, 37, 38, 40, 45, 49, 51, 56, 61, 64, 65, 69, 71, 73, 74, the title of Chapter six, article 76, 78, 79, 84, 85, 86, 89, 91, 93 and transitional provisions of the Constitution of the Republic of Tajikistan was recognized as corresponding to the Constitution of the Republic of Tajikistan by the Constitutional court of the Republic of Tajikistan
On the 28th of January, 2016 “Herald of the constitutional court of the Republic of Tajikistan” №4, 2015 was published in the state language, as well as in Russian. Journal reflects the activity of the Constitutional court, the judgments and rulings of the court, reports and articles of judges of the constitutional court, academics of the law faculty of the Tajik national University, Tajik-Russian (Slavonic) University, as well as other lawyers.
In this scientific and informational journal the decision of the constitutional court in the case of the request of the General Director of the Closed joint-stock company “Babilon-mobile” Fayzullaev B. H. “On the determination of compliance of item 7 of the Situation on calculating the cost of products (works, services) at enterprises and organizations of the Republic of Tajikistan approved by the decree of the Government of the Republic of Tajikistan, may 12, 1999, No. 210, articles 12, 32 and 45 of the Constitution of the Republic of Tajikistan” was published.
Also, the journal published a ruling by the constitutional court on the request of a citizen Abdumalikov A. “On determining whether implementing the Law of the Republic of Tajikistan from June 18, 2008, № 394 “On introducing amendments and addenda to the Law of the Republic of Tajikistan “On pension provision of servicemen”, the Law of the Republic of Tajikistan dated 26 March 2009, No. 499 “On amendments and addenda to the Law of the Republic of Tajikistan “On pension provision of servicemen” and the presidential Decree of the Republic of Tajikistan from December 23, 2008 No up-580 “On establishing the maximum size of pensions to servicemen and employees of law enforcement bodies of the Republic of Tajikistan” complies with articles 14 and 45 of the Constitution of the Republic of Tajikistan”.
This edition provides a separate chapter dedicated to the news by the Constitutional court, which covers information related to judicial procedure, meetings of the judges and the apparatus of the Constitutional court with foreign visitors, business trips by management, judges and staff of the Constitutional court within the country and abroad, the achievements of the court, information on the annual activities of the court, and other important news in two languages.
You will have the opportunity to get acquainted with this magazine and take advantage of published information in the library or via the website of the constitutional court.
The President of the constitutional Court of the Republic of Tajikistan – M. A. Mahmudzoda on the submission of the constitutional Council of the Republic of Kazakhstan by the decree of the President of the Republic of Kazakhstan, esteemed President Nursultan Nazarbayev was awarded with the jubilee medal “20 years of Kazakhstan’s Constitution” for his significant contribution to the development of constitutionalism in the Central Asian region
On 12th of January, 2016 in the courtroom of the constitutional Court of the Republic of Tajikistan Extraordinary and Plenipotentiary Ambassador of the Republic of Kazakhstan in the Republic of Tajikistan Smagulov Agybay Dynkenovich awarded the President of the constitutional Court of the Republic of Tajikistan – M. A. Mahmudzoda with a jubilee medal “20th anniversary of Kazakhstan’s Constitution”.
In the course of awarding the jubilee medal Mr. Ambassador mentioned the history of the adoption of the Constitution of Kazakhstan, as well as participation of the President of the constitutional Court of the Republic of Tajikistan – M. A. Mahmudzoda at the international conference on the 20th anniversary of the Constitutional Council of the Republic of Kazakhstan, commended the role of the President of the constitutional Court of Tajikistan in development of bilateral mutually advantageous cooperation between bodies of the constitutional control of two friendly States.
Mahkam Mahmudzoda thanking the Ambassador for his visit to the country’s constitutional Court and the awarding the jubilee medal, noted that the constitutional Court of the Republic of Tajikistan in the future will make every effort for deepening of bilateral international relations with the Constitutional Council of the Republic of Kazakhstan.
Mahkam Mahmudzoda also noted that due to the wise policy of the President of the Republic of Tajikistan, the Leader of the nation esteemed Emomali Rahmon international relations of the constitutional Court of the Republic of Tajikistan with the bodies of the constitutional control of foreign countries are developing rapidly.
SUMMARY OF THE CONSTITUTIONAL COURT`S ACTIVITY IN 2015
A meeting on results of the constitutional Court`s activity in 2015 was held in the courtroom of the constitutional Court of the Republic of Tajikistan on 25th of December 2015.
Opening the meeting, the Chairman of the constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda noted that in 2015, despite the difficult situation in the world and negative effects of economic and financial factors, the state and the Government of the country managed to maintain positive trend in economic development of the country, as well as political and social stability, and to achieve significant results in various fields of national economy.
Progressive implementation of creative initiatives of the state and Government and series of measures aimed at improving the welfare of population, strengthening national interests, peace and stability, national unity, protection of the achievements and independence and the continuation of the open doors policy emerged to be correct policy of the government.
This year, the unanimous recogmition of the President of the Republic of Tajikistan, esteemed Emomali Rahmon – the Founder of peace and harmony – as the leader of the nation, is the result of the recognition of President`s constant efforts towards the creation of national State on the basis of democratic and legal system in which the rights and freedoms of man and citizen recognized as the Supreme value and are the pride of every citizen of the country.
Important political and cultural events, including the conduct of democratic and fair elections of deputies to the Supreme representative and legislative body of the country, local representative body of state power and local self-government of shahrak and dekhot, showed that the country is strengthening democratic process, developing the foundations of civil society, the principle of political pluralism and is steadily increasing the level of legal awareness within society.
The celebration of 3000th anniversary of Hissar and the 700th anniversary of an outstanding tajik scientist and thinker Mir Said Ali Hamadoni at the highest level, are the most important cultural events of the year, and attest to a rich, globally important, history of the Tajik people.
In anticipation of the celebration of national holidays, the delivery into operation of roads of international level and industrial enterprises of strategic importance, cultural and entertainment centers, and provision of citizens with permanent jobs and the corresponding wage, are an indicator of the realization of the constitutional intentions towards the welfare state.
In honor of the 20th anniversary of the constitutional Court of the Republic of Tajikistan an international conference with the participation of the President of the Republic of Tajikistan, esteemed Emomali Rahmon, representatives of bodies of the constitutional control of more than twenty countries and international organizations, heads and representatives of various state authorities, scholars and experts in the field of law was held. And it is a testament to the fact that the organ of the constitutional control takes an important place in system of public authorities.
In his speech, the President of the Republic of Tajikistan esteemed Emomali Rahmon, gave a high assessment to the activity of the constitutional Court, particularly emphasized the need for the authority of the constitutional control in the country, the activities of which are aimed at ensuring the supremacy of the Constitution,
During the conference the most important issues related to the Constitution and constitutionalism, the activity of the constitutional control body for the protection of the rights and freedoms of citizens, the execution of decisions of constitutional courts, the constitutional court in the judicial system, constitutional control, as a means of ensuring the supremacy of the Constitution, provision of constitutional legal guarantees for rights and freedoms of citizens and other issues related to constitutional and judicial process, were discussed
By the end of the international event findings and recommendations of the Dushanbe conference, concerning the development of the activities of the authority of the constitutional control, were adopted, which in turn ensures the further development of the activities of the organ of the constitutional control, the improvement of legislation and protection of the rights and freedoms of man and citizen.
At the meeting the issue of the activities of the constitutional Court and its staff in 2015 was raised by Vice – Chairman-K. M. Karimzada and chief of staff Gulzoda A. A..
In their speeches, in particular, it was noted that in 2015 the constitutional Court, on the basis of applications of entities, in order to determine the conformity of normative legal acts to Constitution of the Republic of Tajikistan, has dealt with five cases, and they have resulted into judicial acts.
In particular, the constitutional Court considered the petition of the General Director of the closed joint-stock company “Babilon-mobile” Fayzullaev B. H. “On determination of compliance of paragraph 7 of the Provision on calculating the cost of products (works, services) at enterprises and organizations of the Republic of Tajikistan approved by the decree of the Government of the Republic of Tajikistan of may 12, 1999, No. 210, articles 12, 32 and 45 of the Constitution of the Republic of Tajikistan”, noted that ensuring the implementation of the guarantee of freedom of economic and entrepreneurial activities, equality and legal protection of all forms of ownership, including private, as well as the ensuring performance of obligations on payment of taxes and fees defined by the laws, is considered one of the most important tasks of the social state.
The regulation on the calculation of production costs at enterprises and in organizations, is a normative legal act, that refers to the system of legal acts in the tax field, and is not an act establishing a tax or tax liability, is the act of determining the actual reasonable cost of production.
This Provision determines the procedure for calculating evidence-based cost of production, with economic justification of prices and the list of expenses included in the cost of production, and in relation to the subjects of taxpayers does not establish any tax obligations.
On this basis, the constitutional Court’s ruling on May 28, 2015 paragraph 7 of the mentioned Provision was recognized corresponding to the articles 12, 32 and 45 of the Constitution of the Republic of Tajikistan.
The constitutional Court also had considered the petition of a citizen Mullojonova F. “On determination of compliance of part 2 of article 197 of the Procedure code about administrative offences of the Republic of Tajikistan article 14, paragraph 1 of article 17 and paragraph 1 of article 19 of the Constitution of the Republic of Tajikistan, it was noted that in the system of constitutional rights and freedoms of man and citizen the rights of judicial protection, as well as the protection of honor and dignity of the human being occupies a special place.
This guarantee assumes the features of democratic, legal and social state, which Tajikistan is, in which man, his rights and freedoms n are recognized as the Supreme value and, in turn, are also an important way of ensuring citizens ‘ access to justice.
Part 2 of article 197 of the Procedure code about administrative offences, which became the subject of consideration of the constitutional justice provides for the grounds, which are explained as newly discovered circumstances and the presence of which can resume the proceedings on an administrative offence. In this connection the provisions of paragraph 2 of this article cannot limit human rights to judicial protection, but rather gives the person an opportunity, by a court of competition due to newly discovered circumstances to prove his innocence.
In this connection, the constitutional Court in the rules of part 2 of article 197 of the Procedure code about administrative offences the determination of which article 14, paragraph 1 of article 17 and paragraph 1 of article 19 of the Constitution, disputed applicants are not identified infringement or restriction of the rights of persons to judicial protection, and human honour and dignity and their regulation on May 22, 2015 recognized the specified corresponding norm of the Constitution.
At the same time, the constitutional Court with the aim of further improving the circumstances that may be a ground for reopening of proceedings, deemed appropriate to revise part 2 of article 197 of the Procedure code about administrative offences of the Republic of Tajikistan by the Majlisi Oli of the Republic of Tajikistan and the Government of the Republic of Tajikistan.
In three cases constitutional Court adopted a ruling on refusal to initiate constitutional proceedings in connection with the consideration of the presented cases not within itsauthority, and the lapse of six months appeal to the constitutional Court.
The constitutional Court, within its constitutional power to determine the conformity of the normative acts to the Constitution had studied 68 normative legal acts of local government bodies of regions and cities regions, and the results of the study drew the attention of those responsible to address existing shortcomings. On the basis of a proposal of the constitutional Court in shortcomings in existing regulations were eliminated.
In 2015 in the constitutional Court both orally and in writing form addressed over 300 individuals and legal on various issues, which in the established order, were considered.
With the exception of citizens and legal persons, 2450 normative legal acts, letters and other documents were directed to the constitutional Court.
655 letters on various issues were sent by the constitutional court to the various state organs, physical and legal entities.
This year the constitutional Court received 1,030 letters via e-mail and 490 letter were sent via electronic mail to the authorities of the country and in foreign countries.
In honor of the 20 anniversary of the constitutional Court in three languages was published commemorative book: “the constitutional Court of the Republic of Tajikistan: 20 years of development and improvement” that covers relevant information about the history of the formation of the constitutional Court, its composition, activities, international relations and the role of court decisions in the strengthening of constitutional legality.
In two languages were published in “Collection of decisions of the constitutional Court of the Republic of Tajikistan 1996-2015” and “Collection of definitions of the constitutional Court of the Republic of Tajikistan 1996-2015” in which the said legal acts adopted since the establishment up to the present time.
According to the results International conference has been published as a book “Materials of the international conference on “Constitutional justice is the guarantor of the supremacy of the Constitution” which covers the speech of the President of the Republic of Tajikistan and the reports of other participants of the conference in three languages.
In the framework of international cooperation between the Constitutional Court of the Republic of Tajikistan and the Constitutional Chamber of the Kyrgyz Republic signed a Memorandum on cooperation that will further promote cooperation between bodies of the constitutional control of two countries.
For the purpose of participation and performance in various activities of bodies of the constitutional control of foreign countries, representatives of the constitutional Court with a working trip visited the republics of Armenia, Indonesia, Kazakhstan, Turkey, Uzbekistan, France, China and Switzerland.
Article the judges and the staff officials of the constitutional Court in honor of the 20th anniversary of the constitutional Court, the anniversary of the adoption of the Constitution of the Republic of Tajikistan and other relevant topics were published in various newspapers and magazines both in the State and abroad.
For the purpose of explaining the provisions of the Constitution and explain the role of the constitutional Court in ensuring the supremacy of the Constitution among the population, representatives of the constitutional Court participated and made presentations in various scientific and practical republican conferences, the event of the ministries of justice, interior, defence, Agency for state financial control and combating corruption, the Center for strategic studies, Center for Islamopedia, Technological University of Tajikistan, High school of the State Committee of national security, of Executive authorities of cities and districts of Vahdat, Kurgan-tube, Sarband, Tursunzade, Khorog, Bokhtar, Varzob, Vakhsh, Roshtkala, Rudaki, Gissar J. Rumi and other state agencies.
On the initiative of the constitutional Court on December 1-2, 2015 in the cities of Kurgan-tube and Kulya, Khatlon region , round tables were held to clarify the constitutional law of the Republic of Tajikistan “On the constitutional court of the Republic of Tajikistan” and the order of the constitutional Court.
The round tables were attended by chairmen and judges of the Khatlon regional court in Kurgan-Tyube, Kulyab, region of Abdurahmoni Jomi, Bokhtar, VAS, Mir Ali Hamadoni, Muminobod, Jaloliddini Rumi, Shuraabad, representatives of the office of the Council of Khatlon region, the Department of justice of Ministry of justice of Khatlon region, bailiffs, lawyers, representatives of Executive authorities of the Khatlon region, the city of Kurgan-Tyube and Kulyab.
This year, the website of the constitutional Court is being constantly updating in three languages, is filled with information regarding important activities of the constitutional Court. To this day more than 150 000 citizens visited the website of the constitutional Court and took advantage of shared information.
At the end of the meeting, the Chairman of the constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda expressed gratitude to the staff of the constitutional Court for efficient and fruitful work.
According to the results of the General meeting of the constitutional Court in 2015, the relevant decision was made.
1-2 December 2015 on the initiative of the Constitutional Court of the Republic of Tajikistan, Council of justice and Programme of GIZ in Tajikistan “Promotion of legal statehood in Central Asia” aiming at clarifying the constitutional law of the Republic of Tajikistan round tables “On the constitutional court of the Republic of Tajikistan” and the order of the constitutional Court, in the cities Kurgan-tube and Kulyab in Khatlon were held.
The round tables were attended by chairmen and judges of the regional courts of Khatlon, the city of Qurghonteppa, Kulob, Abdurahmoni Jomi districts, Bokhtar, Vaseh, Mir Said Alii Hamadoni, Muminobod, Jaloliddini Rumi, Shuraabad, representatives of the office of the Council of justice in the Khatlon region, Justice Department of Ministry of justice of Khatlon region, bailiffs, lawyers, representatives of Executive authorities of the Khatlon region, the city of Kurgantyube, and Kulyab.
In the round table discussion on topics concerning the role of the authority of the constitutional control in maintenance of the constitutional legality, the importance of this organ in the development of a democratic state, the need for a new edition of the adoption of the constitutional law of the Republic of Tajikistan “On the constitutional court of the Republic of Tajikistan”, the novelties of this law, the powers of the constitutional Court, the order of appeal to that authority, the procedure for consideration of cases in the constitutional Court, as well as the importance of its acts and ensuring the direct action of the Constitution of Tajikistan, was made by the President of the constitutional Court of the Republic of Tajikistan – M. Mahmoodzada, Vice-Chairman – K. Karimzoda and judging of the constitutional Court – D. Hashimzada, and answered many questions of participants of the round table.
During the round table the Deputy Chairman of the Council of justice of the Republic of Tajikistan – M. Pulodi and international expert of the GIZ in Tajikistan “Promotion of legal statehood in Central Asia” – Ametistova O. also provided information on the importance and results of judicial reform in the country, and on some of the provisions of the constitutional law of the Republic of Tajikistan “On the constitutional court of the Republic of Tajikistan”.
November 23, 2015 in the courtroom of the constitutional Court of the Republic of Tajikistan in honor of the Day of State flag of the Republic of Tajikistan a solemn meeting with the participation of management, judges and staff of the constitutional Court of the Republic of Tajikistan was held.
Opening the solemn meeting the President of the Constitutional Court of the Republic of Tajikistan, Mahkam Makhmudzoda congratulated all those present on this national holiday, and noted that the national flag of the country, being the symbol of the modern state, has an ancient and rich history.
Annually, on the initiative of the President of the Republic of Tajikistan, Emomali Rahmon, The Flag Day, as a historic date is celebrated throughout the country and is a sign of increasing feeling of self-awareness of the population and commitment to the values of a democratic and legal state.
During the meeting, informative reports, also on the national flag – a symbol of national statehood were made by the staff of the Constitutional Court of the Republic of Tajikistan and have provided information about the history of the adoption of this state symbol in the first years of state independence.
On the 2nd of November, 2015 a round table on “The Role of the Constitution in the formation of a democratic legal state and strengthening of constitutional legality” with participation of representatives of several ministries and agencies, and higher educational institutions of the country was held in the constitutional Court of the Republic of Tajikistan.
The President of the constitutional Court of the Republic of Tajikistan, Mahkam Mahmudzoda in his opening speech at the roundtable, noted the critical role of the country’s Constitution, adopted in 1994, at a time of political difficulties in the country, concerning the development of democratic and legal state, and the role of constitutional review in ensuring the supremacy and direct action of the Constitution.
It was also noted that the Constitution, being a normative and legal act of the highest legal force, laid down the basic principles of the constitutional order, the basic principles of the state development provided legal basis for the development of all sectors of the economy.
Expressing the desire of the people of Tajikistan to build a socially just society, the Constitution diverted internal and external policy of the state, the functions of the apparatus of the state, organs of state and their officials to address these higher goals.
Reports focused on the role of the Constitution in the development of modern statehood were also heard at the round table.
