CONSTITUTIONAL COURT
OF THE REPUBLIC TAJIKISTAN
– 20 YEARS OF DEVELOPMENT AND IMPROVEMENTS
State independence of the Republic of Tajikistan is a most important political and legal, social and cultural event in the latest history of Tajik people and it is as a symbol of happiness and welfare laid the basis for building national statehood, the development of civil society, ensuring the safety and tranquility in the society, social-political stability in country and increasing self-consciousness of each members of society.
State independence is everlastingly connected with Declaration on sovereignty of the Republic of Tajikistan from August 24, 1990 and an Appeal of the Supreme Soviet of Tajikistan from September 9, 1991, “On state independence of the Republic of Tajikistan”, since these two historical documents, having added political and legal value to independence of Tajikistan, created successful creative atmosphere for the development of all branches social-political life of the Tajik society.
In particular, the Declaration stipulates that the Supreme Soviet of the Republic of Tajikistan:
realizing the historic responsibility for the fate of the people of Tajikistan and the national state,
… for ensuring the right to decent living of every person, reflecting the will of the people of the Republic of Tajikistan and solemnly proclaimed the independence of the Republic of Tajikistan and expressed the will to create a democratic state governed by the rule of law.
In this Declaration, for the first time, along with other key principals of a statehood, the principle of separation of powers was declared. In particular, in accordance with paragraph 3 of this Act: “State power in the Republic of Tajikistan is carried out on the principle of its separation into legislative, executive and judicial brunches.”
The implementation of the theory and practice of separation of powers, which occupies a special place in the formation statehood, is impossible without a particular constitutional reform and the adoption of the Constitution.
On this basis, on November 6, 1994, for the first time in the social and the political life of Tajik people, the Constitution of independent state of Tajikistan was adopted through a national referendum. This day with golden letters is inscribed in the page of life of Tajik people as the “Day of the Constitution of the Republic of Tajikistan.”
The Constitution declares the people of Tajikistan the only source of power, defines sovereignty, democratic, legal, secular, unitary and social nature of the state, guarantees the rights and freedoms of man and citizen, the separation of powers, free economic activity, diversity of opinions, representative democracy with elements of direct democracy, which, being universally recognized values form the basis of modern constitutional practice.
The Constitution proclaims that Tajikistan is democratic, legal and social state, and creates conditions for a dignified life and free development of each person. In addition, a human rights and freedoms are recognized as the highest value, life, honor, dignity and other natural rights are declared indefeasible. With the adoption of the Constitution the most important state and public relations found their legal regulation, it has created a real basis for developing and adoption of laws and other normative legal acts of the independent state.
The Constitution gave the state and the society of Tajikistan the possibility to achieve notable success in the shortest period. The people Tajikistan relying on cultural and moral heritage of the nation, developed into a country with a highly developed sense of national pride, thanks to which glorious people of Tajikistan became strong and unshakable.
Culture, originating from the depths of centuries, have borne fruits and these are the fruits freedom, independence, national self-consciousness and the achievement of moral and political maturity, the creation of a just society.
Democratic institutions has started to function in the country, steady development of the social and economic sectors and education have been safeguarded.
For transparency, effective implementation of the powers of state bodies on the principle of checks and balances, for the first time, the idea statehood – to exercise state power based on its division into legislative, executive and judicial powers was established in the Constitution.
Along with the legal regulation of the status and activities of other government bodies, in a separate chapter – Chapter 8 of the Constitution, the place and essence of the judiciary under the name ”Court” was regulated.
Article 84 of the Constitution proclaims, “The judiciary power is an independent and carried out on behalf of the state by judges. Judiciary power protects the rights and freedoms of man and citizen, interests of the state, organizations and institutions, legality and justice.”
The Constitution of the Republic of Tajikistan created a real legal basis for formation and development of a number of new state and political institutions, including the Constitutional Court of the Republic of Tajikistan, as a specialized body of the constitutional control.
In Article 89 of the mentioned chapter of the Constitution the essence and competence of the Constitutional Court is stipulated, according to which the Constitutional Court is composed of seven members: the Chairman, Deputy-Chairman and five judges, one of whom is the representative Gorno-Badakhshan Autonomous Region.
The Constitution, taken into consideration the legal status and high level of responsibility the judge of the Constitutional Court, imposes a number of requirements to persons to be elected to these posts. Thus, a candidate to be submitted to the position of a judge of the Constitutional Court must have a law degree, be at least 30 years old and no older than 65, have a professional experience at least 10 years.
The competence of the Constitutional Court consists of the following:
“1) the definition of the conformity of the laws, joint legal acts of Majlisi Milli and Majlisi Namoyandagon, legal acts of the Majlisi Milli and Majlisi Namoyandagon, the President, the Government, the Supreme Court, Higher Economic Court and other state and public bodies and also not entered into legal force of the treaties to the Constitution Tajikistan;
2) the resolution of disputes between the public authorities with regard to their competence;
3) execution of other powers defined by the Constitution and the laws.”
Under the Constitution, the acts of the Constitutional Court are final which indicates a high place and position given of the authoritative organ of state and the judiciary.
This provision of the Constitution requires that the adopted legal acts of legislative, executive, judicial and other state and public bodies comply with Constitution.
Thus, the history of the Constitutional Court of the Republic of Tadzhikistan closely linked to the recent history of the Tajik people and its creation dates back to national independence and the Constitution of the Republic of Tajikistan.
It should be noted that the institution of constitutional control in the Republic of Tajikistan originated in 1990 with the establishment of the Committee for Constitutional Supervision of the Republic of Tajikistan, the creation of which was dictated by the needs of the social and political development, as well as, the need to create the newest institute in the system of state authorities. The named Committee accomplished the supervision in the field of observance and implementation of the norms of the Constitution and later played an important role in the establishment of the Constitutional Court of the Republic of Tajikistan.
The history of the functioning of the Constitutional Court of the Republic of Tajikistan is determined by the Decree of the President of the Republic of Tajikistan on May 15, 1995 № 238 “On the organizational activities of the Constitutional Court of the Republic of Tajikistan” and the Constitutional Law of the Republic of Tajikistan on November 3, 1995 № 84 “On the Constitutional Court of the Republic of Tajikistan.”
Later, a number of regulatory legal acts of the Republic of Tajikistan, in particular a Resolution of the Government of the Republic of Tajikistan on May 26, 1997 № 234 “On approval of the description and the samples of special uniform and pattern of standard badge of the judges of the Constitutional Court of the Republic of Tajikistan”, the Constitutional Law of the Republic of Tajikistan on August 6, 2001 № 30 “About the courts of the Republic of Tajikistan” and the Regulations on the order of assignment of qualifying classes to judges of courts of the Republic of Tajikistan,” approved by the Decree of the President of the Republic of Tajikistan on October 15, 2008 № 551, were approved, which played an important role in the organization of the activities of the Constitutional Court and judges.
On this basis, by the provisions of the Majlisi Oli of the Republic of Tajikistan on April 7, 1995 for the first time Sharipov H.H. Aliyev Z.M was elected the Chairman and Aliyev Z.M. Deputy Chairman of the Constitutional Court of the Republic of Tajikistan. Later, by decisions of Majlisi Oli of the Republic of Tajikistan on November 4, 1995 and on February 3, 1996 Abdulloyev A.A., Mukbilshoev B.M., Nazarov M.M., Safarova N.D. and Emomov N.E. were elected judges of the Constitutional Court of the Republic of Tajikistan.
In subsequent years, a number of prominent jurists of the country Abdulloev F.A. (1996-2000), Solehov M.S. (2000-2003), Alizoda H. (2003-2006), Khodzhaev I. (2006-2009) were appointed the Chairman of the Constitutional Court of the Republic of Tajikistan and Mustafakulov Sh.M. (2000-2005), Fathilloev S. (2005-2006) and Nazarov M.N. (2006-2013) – Deputy Chairman of the Constitutional Court of the Republic of Tajikistan.
Since May 17, 2015, K. Karimzoda is the Deputy Chairman of the Constitutional Court of the Republic of Tajikistan.
Abdulloev F.A. for a long time was a representative of the Republic of Tajikistan in the Economic Court of the Commonwealth of Independent States (CIS) and Zarif Alizoda is acting as plenipotentiary on Human Rights in the Republic of Tajikistan.
It should be noted that in the period of the activities of the Constitutional Court, some of the judges, including Khodzhaev I. (2006-2009), Mustafokulov Sh.M. (2000-2005), Emomov N.E. (1996-2001), Safarova N.D. (1995-2000), Smeyanova L.A. (2000-2003), Kamilov R.H. (2003-2007) and Mukbilshoev B.M. (1995-2009), Abdulloev A.A (1996-2003, 2005-2015) has deservedly retired. Most of them are members of the Scientific Advisory Board of the Constitutional Court of the Republic of Tajikistan, and their broad experience is widely used in the practice by the Constitutional Court while ensuring supremacy of the Constitution and the constitutional legitimacy.
Sharipov H.H., Solehov M.S., Smenyanova L.A., Fathilloev S. and Nazarov M.N. passed away.
Since May 18, 2009, the Constitutional Court of the Republic of Tajikistan is led by Honored Lawyer of the Republic of Tajikistan, Academician of the Academy of Sciences of the Republic of Tajikistan, Doctor of Law, Professor Mahmudzoda M.A.
In light of Article 89 of the Constitution in Article 1 of the Constitutional Law of the Republic of Tajikistan “On the Constitutional Court of the Republic of Tajikistan”, the essence of this body of the state and the judiciary power was identified, according to which:
“The Constitutional Court of the Republic of Tajikistan is an independent body judicial power on constitutional supervision, established in order to ensure the supremacy and direct effect of the norms of the Constitution of the Republic of Tajikistan.”
This situation stems from the requirements of Article 10 of the Constitution of the Republic of Tajikistan, according to which “the Constitution of the Tajikistan has supreme legal force; its provisions are directly applicable. Laws and other legal acts that contradict the Constitution are null and void.”
The protection of the Constitution, ensuring its supremacy on the territory of the state, as well as the protection of the rights and freedoms of man and citizen predetermined that in the Republic of Tajikistan, as democratic and legal state, a specialized, competent, independent and impartial body entrusted with an important task in the field of constitutional control was established.
Moreover, the Constitution reflects the most important economic, social and cultural issues of society, the basic rights, freedoms and duties of man and citizen, the procedure for the establishment and competence of senior government bodies, administrative-territorial structure of the state, the competence and central and local authorities are identified. On these grounds, the Constitution has supreme legal force, and the laws and other legal normative acts should be adopted on its basis.
This principle allows creation of a unified mutually related and not contradictory atmosphere in the society, which in turn precedes the establishment of necessary conditions for the accelerated development of political, economic, social and cultural life of the country and ensuring the rights and freedoms of man and citizen.
The Constitutional Court of the Republic of Tajikistan as the most important phenomenon of legal and democratic state and a specialized body of the constitutional control in a short period of its activity proved its necessity and importance, playing a significant role in protecting the rights and freedoms of man and citizen.
Thus, the Constitutional Court, despite a short period of its activities, with its first decree on March 26, 1996 declared unconstitutional, and therefore null and void a decree of the Presidium of the Supreme Soviet of the Republic of Tajikistan on November 15, 1993, № 134 «On suspension the actions of articles 6, 28, 48, 49, 53, 531, 85, 90, 92, 97, 2211 and 2212 of the Criminal Procedure Code of the Republic of Tajikistan”, which forbade an appeal in a court the arrest or prolongation of custody and judicial review of the grounds for arrest. This resolution of the Constitutional Court gave the citizens unimpeded recourse to the courts on these issues.
Also, by the Resolution of the Constitutional Court of the Republic of Tajikistan dated October 16, 2001 “On the determination of compliance to the Constitution of the Republic of Tajikistan part 1 of Article 303 and part 1 of Article 337 of the Civil Procedure Code of the Republic of Tajikistan”, according to which the parties and other persons of participating process were deprived of the right to appeal and challenge the decisions and determinations of the Supreme Court of the Republic of Tajikistan I case of reviewing the cases of first instance, were found unconstitutional and null and void.
This resolution gave the parties and other participants in the process the right to appeal and cassation appeal against judgments and decisions of the Supreme Court in cases in the first instance.
The President of Tajikistan Emomali Rahmon as early as on May 31, 2002, touching the development and improvement of the judiciary power, at a meeting with law enforcement officials, the military and the judiciary structure said: “Today, society needs a strong and reliable judicial protection and it can be provided only by the court, which is really powerful and impartial.”
Further course of political and social life of Tajikistan proved the correctness of the statements of the head of the state.
Twenty years of activity of the Constitutional Court to ensure superiority of Constitution and protection the rights and freedoms of man and citizen testifies that in the development of the institution of the constitutional control is connected with the development of national statehood of independent Tajikistan, and its activities combined with the priority targets and objectives of the society.
The President of the Republic of Tajikistan Emomali Rahmon in his speech in honor of 15-th anniversary of the adoption of the Constitution, referring to the Constutional Court noted that, “In the judicial system in the country a special place is occupied by the Constitutional Court, one of the priority task of which is ensuring supremacy of the Constitution in the acts normative legal system. Therefore, in a democratic and legal state the Constitutional Court should strengthen its work to ensure the constitutional justice and the rule of the laws of the Constitution.[1]
Further development of the judiciary power is connected with the guidance and instructions of the President of the Republic of Tajikistan Emomali Rakhmon expressed in his Message to Majlisi Oli of the Republic of Tajikistan on April 20, 2006.
In his message to President of the Republic of Tajikistan noted: “With an aim of further improvement of the activities of law enforcement bodies and military structures I consider it necessary to implement the following works:
First. For a more complete and efficient use of the opportunities of the constitutional oversight it is necessary to improve competences and powers of the Constitutional Court.
Second. In order to develop and further improve the judiciary power of the country the Constitutional Court, Supreme Court, Higher Economic Court and the Council of Justice needs to work with appropriate state bodies to develop and submit a programme of judicial and legal reform of the Republic of Tajikistan, taking into consideration today’s realities of the country.[2]
On the basis of this Massage of the Head of the State, a Program of judicial reform in the Republic of Tajikistan was developed and adopted by the Decree of the President of the Republic of Tajikistan on June 23, 2007 for № 271.
According to this program in order to implement the judicial reform, a number of activities have been implemented that have made a significant contribution to the development of the judiciary power.
In the second part of this program it is noted that, “One of the main values of the Constitution of the sovereign Tajikistan is the supremacy and direct effect of its provisions. In order to ensure these values and to protect the Constitution, the Constitutional Court was established and more than ten years of its activities proved the necessity and significance of this body for a new Tajik statehood, and showed that for the progress and development of society is necessary to strengthen the status and role of the Constitutional Court.
Given the experience and practice of the activities of the Constitutional Court of the Republic of Tajikistan, as well as the fundamental changes that have occurred in recent years in social and political life of the country, it is necessary to expand the powers of the Constitutional Court through providing conclusions on the draft changes and amendments to the Constitution, as well as on draft laws and other issues that shall be on the agenda of a national referendum.
The necessity to provide conclusions of the Constitutional Court on the drafts changes and amendments to the Constitution, as well as on the issues that shall be forwarded to national referendum, is justified by the reason that these proposals have to conform to the principles and basic values of the Constitution.”[3]
To achieve these objectives, as well as full and effective implementation of the constitutional control in the Republic of Tajikistan the powers of the Constitutional Court have been improved and in March 20, 2008 appropriate changes and amendments to the Constitutional Law of the Republic of Tajikistan “On the Constitutional Court of the Republic of Tajikistan” were made, on the basis of which the range of subjects of appeal the Constitutional Court has been extended.
In accordance with the first paragraph of Article 14 of the Constitutional Law of the Republic of Tajikistan, “On the Constitutional Court of the Republic of Tajikistan” the Constitutional Court of the Republic of Tajikistan determines the compliance of the draft changes and amendments to the Constitution of the Republic of Tajikistan, the draft laws and other issues submitted to a popular referendum to the Constitution.
In accordance with the fourth part of Article 14 of the Constitutional Law of the Republic of Tajikistan “On the Constitutional Court of the Republic of Tajikistan” the Constitutional Court of the Republic of Tajikistan considers the violation of constitutional rights and freedoms of citizens on applied or subject to application laws and other legal acts in a particular legal relationship, and also determines the compliance to the Constitution the law and other legal acts and guidelines of plenums of the Supreme Court of the Republic of Tajikistan, the Higher Economic Court of the Republic of Tajikistan, applied by the court against them in a particular case, in the manner determined by the present Constitutional Law.”
Thus, citizens of the Republic of Tajikistan received the right to apply to the Constitutional Court on the issues stipulated by Constitutional Law.
In accordance with paragraphs 8 and 9 Article 37 of the Constitutional Law of the Republic of Tajikistan, “On the Constitutional Court of the Republic of Tajikistan” courts and judges of the Republic of Tajikistan have acquired the right to appeal to the Court of the Republic of Tajikistan on the issues of conformity to the Constitution of the Republic of Tajikistan the law and other legal act and guidelines of the plenums of the Supreme Court, the Higher Economic Court of the Republic of Tajikistan, applied or to be applied by the courts in a particular case.
The Commissioner for Human Rights also recognized as the subject of appeal to the Constitutional Court.
Introduced changes and amendments to the Constitutional Law is an indicative of noticeable place of the Constitutional Court in the statehood system, including the judiciary, the commitment of Tajikistani to generally excepted values, as well as of the development of democratic institutions in Tajikistan.
On making amendments and additions to the Constitutional Law Republic of Tajikistan “On the Constitutional Court of the Republic of Tajikistan: significantly increased the number of applications and complaints, petitions and representations of various bodies and citizens to the Constitutional Court.
During 7 years (2008 to the first quarter of 2015), 21 resolutions and 53 rulings of the court were issued, while according to the statistics for the previous 11 years (1996-2007) their number was 14 resolutions and 22 rulings of the court.
The acts of the Constitutional Court played an important role in the consolidation of the Constitution, the constitutional legality and protection of the rights and freedoms of man and citizen.
Thus, by the resolution of the Constitutional Court of the Republic of Tajikistan on January 20, 2005 “On the identification of compliance of the Article 181 of the Commercial Procedure Code of the Republic of Tajikistan to Articles 17, 19 and part 2 of the Article 88 of the Constitution,” Article 181 of the Commercial Procedure Code of the Republic of Tajikistan the part of not giving the parties and other participants of the process the right to make complaints on the entered into force decisions and rulings economic courts was recognized as unconstitutional.
Hereafter, the parties and other participants in the process acquired the right to make complaints on entered into force decisions and rulings of economic courts.
The Constitutional Court having considered the petition of a citizen J. Boboev on determining the compliance the eighth paragraph, part 2, Article 42 of the Criminal Procedure Code of the Republic Tajikistan to articles 17 and 21 of the Constitution of the Constitution of the Republic of Tajikistan, with its resolution on May 15, 2012 paid the attention of the Ministry of Internal Affairs and the Prosecutor General of the Republic of Tajikistan to rigorous execution of the demand of Article 18 of the Constitution, according to which “No one can be subjected to torture, cruelty and inhumane treatment.”
It also obliged the above-mentioned bodies while cleaning a crime on using torture take appropriate measures against persons who have committed crime, until bringing them to criminal liability.
It should be noted that the UN Special Reporter on the issues of torture and other cruel, inhuman or degrading treatment or punishment, Mr. Juan E. Mendez during a working visit to the Republic of Tajikistan in a meeting with the leadership of Constitutional Court, which took place in May 11, 2012, touching on the issues of torture and other cruel, inhuman or degrading treatments or punishments, praised the contribution of the Constitutional Court on the issues of suppressing and eliminating the existing cases of torture.
There were also taken other legal acts that have played an important role in the adoption of laws and other regulations, the relevant norms of the Constitution of the country, thus ensuring protection of the rights and freedoms of man and citizen.
Thus, the Constitutional Court examined the case at the request of a citizen Turaev M.M. “On determination the compliance of the paragraph 4 of Regulations on conducting attestations and patent attorneys of the Republic of Tajikistan on June 9, 2009 № 25 to second part of Article 12, first and second parts of Article 35 of the Constitution of the Republic of Tajikistan” with its resolution on March 28, 2013, recognized paragraph 4 of the Regulations as a factor limiting constitutional rights of the persons to freedom of entrepreneurial activity, labor and choice of profession that contradict the above named articles of the Constitution.
The Constitutional Court also while considering the case at the request of a citizen Saidova N.A. on “Determining the compliance of part 2 of Article 363 of the Criminal Procedure Code of the Republic of Tajikistan on issues of appeal and protest the determinations (decisions) on selection, change or repeal of preventive measures imposed during the proceedings to Articles 5, 14, 18 and 19 of the Constitution of the Republic of Tajikistan”, noted that any order restricting the rights of participants in criminal proceedings to defend their procedural rights, including to appeal the judicial acts, viewed as a restriction of the guarantees to judicial protection and the right to appeal to the state bodies, established by the Constitution, laws and procedural legislation of the Republic of Tajikistan.
In this regard, the Constitutional Court with its decision on September 27, 2013 recognized part 2 of the Article 363 of this Code not conforming to the above-mentioned articles of the Constitution.
It should be noted that the determination made by the Constitutional Court also made an invaluable contribution to the strengthening of the constitutional legality. Definitions of constitutional courts to refuse to initiate constitutional proceedings are one of the main acts of judicial constitutional control in different countries, including the Constitutional Court of the Republic of Tajikistan.
Along with the refusal to initiate constitutional proceedings, i.e. expressing the legal position of the court, consisting of the recommendations and orders of their execution is mandatory for all relevant bodies. They are also the most important way to explain the applicants to settle their dispute, thus providing invaluable assistance in their consideration.
For example, the Constitutional Court in its definition on January 7, 2013 on the issue of dismissal of an appeal of a citizen Juraev N.Kh. and his authorized representative, the lawyer F.M. Vohidova “On determination the conformity of Article 47 and part 1 of Article 89 of the Criminal Procedure Code (CPC) of the Republic of Tajikistan to articles 14 and 20 of the Constitution of the Republic of Tajikistan,” the applicant has been explained the procedure to eliminate contradictions in legislative acts and it was noted that none of the articles of the CPC of the Republic of Tajikistan, including part 1 of Article 89 of this Code, shall not be interpreted in prejudice of the principle of comprehensive, complete and objective conduct of the investigation under Article 21 of the Criminal Procedure Code of the Republic of Tajikistan. Otherwise, the participants in criminal proceedings has the right to appeal such actions of the authorized body in accordance with the law.
In the definition in March 4, 2013 on refusing to initiate constitutional proceedings at the request of the Chairman of a Joint Stock Company “Sohibkorbank” “On determination the compliance of Article 332 of Civil Procedure Code of the Republic of Tajikistan to articles 19 and 88 of the Constitution,” the applicant was explained the order official interpretation of the laws and the way to resolve the disputes.
Thus, the Constitutional Court, taking direct part in the development and improvement of the legal system of the country, in its resolution and definition assesses substantive law and focuses on the development of procedural law and notes that the lack of procedures for implementing the rules of substantive law cannot be the basis and cause not to execute the provisions of the Constitution. Such practice helps ensure that the general and sectorial principles of law, supremacy of the Constitution and the direct effect of its provisions that are aimed at protecting human and civil rights, including the right of a person to judicial protection, will find their real execution and the true assignment.
In Tajikistan, only the court is empowered the right to deal with cases and resolve various disputes, impose resolutions, decisions and orders on behalf of the state. Administering justice, protecting the rights and freedoms of man and citizen, the court thus provides a guarantee of everyone to judicial protection. In determining the conformity of the laws and other legal acts to the Constitution, it ensures thus the supremacy of the Constitution and laws, contributes to the cause of the development and strengthening public order.
In order to further the implementation of judicial and legal reforms in the country based on the messages of the President of the Republic of Tajikistan to the Majlisi Oli of the Republic of Tajikistan on April 15, 2009 and April 24, 2010 a program of legal reform for 2011-2013 was designed, approved by the Decree of the President of the Republic of Tajikistan on January 3, 2011, № 976.
In the program it is provided that that, “The purpose of the development of this Programme is further strengthening the judiciary power, increasing the role of the court in the full protection of the rights and freedoms of man and citizen, the legitimate interests of the state, institutions, enterprises and other organizations, the improvement of the judicial system and its activities, improvement of material-the legal status of the judiciary and judges, as well as the improvement of legislation.”[4]
In this regard, first, the structure of judiciary bodies should be improved, their powers be expanded, their objectives specified and the transparency of their activities ensured. Increase requirements for the nomination and election of judges and their legal knowledge, decency. A high respect for the people and the homeland should be a basic standard that defines the personality of each.
Necessary attention is given the program to improving the social status of the judges and court employees. Based on the requirements of the Programme the expansion of powers of the Constitutional Court, the improvement of its procedural laws and the adoption of a new constitutional law on the Constitutional Court is foreseen.
The Constitutional Court of the Republic of Tajikistan is an integral part of the state and judiciary power and, of course, its activities in connection with the development of state and society, the consolidation of the democratic basis of constitutional structure of the country, increasing the value of the protection of the rights and freedoms of individuals and the access of citizens to justice requires the optimization and improvement.
For the first time the Constitutional Law of the Republic of Tajikistan “On the Constitutional Court of the Republic of Tajikistan” was adopted on November 3, 1995 (Akhbori Majlisi Oli, 1995, № 21, Art. 223), which was fully consistent with the level of theoretical, conceptual and practical knowledge at the time of its adoption.
After the adoption of this law 12 times, 132 changes and amendments were introduced in it, reflecting further democratization of public life in Tajikistan, the implementation of constitutional reforms in the country, the development and strengthening of democratic institutions and state authorities, the settlement of procedural activity of the Constitutional Court, the improvement of social status of judges, the expansion of the powers of the Constitutional Court, as well as improving conceptual and practical knowledge of experts in constitutional law of the country and the judges of the Constitutional Court.
In connection with what was envisaged in the Programme of development of the Law “On the Constitutional Court of the Republic of Tajikistan” in the new edition.
The Constitutional Court, alongside with the exercise of its constitutional powers through constitutional judiciary, is also making a significant contribution to the development of the constitutional and legal culture in Tajikistan, strengthening the constitutional legality and law and order in the country.
The Constitutional Court celebrated 2009 as the year of celebration the 1310 anniversary of the great son of the Tajik nation and the Islamic world Imam Abu Hanifa the Great, the founder of the science fiqh (Islamic law) and the 15-th anniversary of the adoption of the Constitution of the Republic of Tajikistan. In this regard, a number of activities were scheduled and implemented.
Scholars of the Constitutional Court wrote and published a number of articles on the role of Imam Azam as a great historical figure, the founder of science fiqh (Islamic law), who realized methods Islamic Fick on the basis sacred Karan, prescriptions of the Prophet Muhammad and their comparison, as well as giving special importance to his personal qualities as a fair and modest man.
The Constitutional Court considers the case of celebration of the Constitution of the country as its professional holiday and contributes to the promotion of the main aspects of this important political and legal instrument.
Thus, the Constitutional Court pursuant to the Action Plan of the Republic dedicated to the 15th anniversary of the adoption of the Constitution, a number of measures were developed and implemented.
On October 20, 2009, the Constitutional Court held a “round table” on “The Constitution of the Republic of Tajikistan and its role in the formation of an independent state of Tajikistan,” where eight reports were discussed. Materials of the “round table”, consisting of presentations and scientific articles of the participants are published in a separate book.
On October 26, 2009 in the Constitutional Court, with the participation of judges and employees of the administrative and financial judges Federal Republic of Germany, Christian R., Francesco B. and program manager of the German Society for Technical Cooperation J. Pudelka an international seminar on “Issues of Constitutional rights and constitutional proceedings” was held. Organizing “round table” and international seminar was evaluated by its participants as productive.
The Judges and employees of the Constitutional Court of the Republic of Tajikistan took an active part in the scientific conferences and seminars as well as in the “round table” devoted to the 15 anniversary of the adoption of the Constitution, organized by state bodies and scientific institutions on various topics related to the supremacy of the Constitution and safeguarding the execution of its provisions.
Scholarly and popular commentary of the Constitution in the form of a separate book was published under the editorship of the Chairman of the Constitutional Court M. Mahmudzoda, which was highly praised by experts in the field of law and legislation.
The same year, on the occasion of the 15th anniversary of the adoption of the Constitution, for the first time, a “Bulletin of the Constitutional Court of the Republic of Tajikistan,” was published, which included the following materials: the speech of the President of the Republic of Tajikistan Emomali Rahmon, dedicated to the Day of state independence, articles of judges of the Constitutional Court, other judicial and law enforcement officials, scholars, experts and lawyers of the country, as well as acts and professional activities of the Constitutional Court.
This magazine plays an important role in improving the legal culture of the society of Tajikistan and strengthening of the judiciary power.
The Website of the Constitutional Court of the Republic of Tajikistan, the presentation of which took place on November 4, 2009, is the first in the structure of the judiciary power. The site is conducted in Tajik, Russian and English. It provides access of the public in Tajikistan to the acts of the Constitutional Court and its activity.
As of March 1, 2015 more than 125 000 (in 2014 – 120,000, in 2013 – 91,000) having visited the website of the Constitutional Court, acquainted themselves with the collected information, so that the Constitutional Court has been gaining popularity in the country and abroad.
For the purpose of the development and preparation of scientifically based advices on legal matters in July 2, 2009 within the Constitutional Court of the Republic of Tajikistan a Scientific Advisory Board was established which composed of 17 members from among the retired judges of the Constitutional Court retired, scholars of the Institute of State and Law of the Academy of Sciences of the Republic of Tajikistan, Law Faculty of the Tajik National University, Faculty of Law of the Russian-Tajik Slavic University and the Academy of the Ministry of Internal Affairs of the Republic of Tajikistan.
From 14 to 24 of November 2009 the judges of the Constitutional Court in accordance with the Agreement between the Government of the Republic of Tajikistan and the Government of the Federal Republic of Germany on technical cooperation on March 27, 2003, within the framework of the project “Support for Legal and Judicial Reform in Central Asia”, as well as in accordance with the instructions of the President of the Republic of Tajikistan on the organizing training of judges of the Republic of Tajikistan in the country and abroad, which was mentioned on September 13, 2009 during the appointment of judges of the citizens of the republic, visited the Federal Republic of Germany.
During the trip, they were acquainted with the activities of the European Court of Human Rights, the European Commission for Democracy through Law, the Central Office of the German Technical Center, the Federal Constitutional Court, and the Federal Constitutional Court of the land of the city Berlin.
At the meetings of the “round tables”, held with the participation of the judges of the European Court, experts of the Venice Commission of the European Union, judges of Germany and the judges of the Constitutional Court of the Kyrgyz Republic, the judges of the Constitutional Court of the Republic of Tajikistan informed the participants on the basics of the constitutional structure of the Republic of Tajikistan as a democratic and legal state, the main directions of domestic and foreign policy and the activities of the Constitutional Court.
Judges of the Constitutional Court of the Republic of Tajikistan have also met with the President of the European Commission for Democracy through Law (the Venice Commission of the Council of Europe) Mr. Gianni Buquicchio.
The “Collection of resolutions of the Constitutional Court” in Tajik and Russian languages was published in 2010 and 2012. This very important collection is designed for a wide range of readers, scholars, graduate students, university students, employees of state bodies and other organizations.
An International Scientific-Practical Conference “The bodies of the constitutional control in conditions of legal system of integration: international experience and practice of Tajikistan”, dedicated to the 15th anniversary of the establishment Constitutional Court of the Republic of Tajikistan played a key role in the activity of the Constitutional Court of the Republic of Tajikistan, which was held from November 4 – 5, 2010 in the capital of Tajikistan, Dushanbe.
Having congratulated the participants of the conference, the President of the Republic of Tajikistan Emomali Rahmon delivered a welcoming speech and presentation.
The President of Tajikistan, Emomali Rahmon in his speech noted that: ”The Constitution of Tajikistan, as the fateful document of our ancient and cultural people, brought to life the tradition of the state and statehood of Tajiks, which found continuation and were perfected over thousands years of its history, which more than once came into a state of decline, rebirth and rise and also the ambitions and aspirations of the wise and the proud sons of the Tajik people, on the way to the achievement of independence and national statehood. Its humane ideas are a reflection of the rich traditions of the Tajik people and originate from the outstanding examples of our ancient Aryan civilization, Sassanids and Samanid statehood traditions and creative heritage of the great universally recognized representatives of our history and literature. “
Welcoming remarks were also made by Gianni Buquicchio – President of the Venice Commission for Democracy through Law of the Council of Europe (Venice Commission of the Council of Europe) and G.G. Harutyunyan, Chairman of the Conference of Constitutional Control of Countries of Young Democracy – President of the Constitutional Court of Armenia and congratulated the Constitutional Court and its employees, as well as all the people in Tajikistan with the celebration of Constitution Day and the 15th anniversary of the Constitutional Court.
The conference was also attended by Chairman of the Constitutional Courts of Latvia, Lithuania, Moldova, Mongolia, the Chairman of the Constitutional Council of Kazakhstan, Chairman of the CIS Economic Court, judges from Germany, Russia, Estonia, Turkey, Azerbaijan, members of the Venice Commission of the Council of Europe, as well as members of the Government the Republic of Tajikistan, state advisers and other officials of the Executive Office of the President of the Republic of Tajikistan, Deputies of the Parliament of the country, leaders and judges of the Constitutional Court, Supreme Court, Higher Economic Court, the Prosecutor General, the Commissioner for Human Rights in the Republic of Tajikistan, heads of Justice, the National Centre for Legislation, rectors of higher educational institutions, prominent scholars-lawyers, leaders and representatives of international organizations in Tajikistan, representatives of the media.
The conference discussed a wide range of issues concerning the activity of the bodies of constitutional control in conditions of globalization and integration of modern legal systems, convergence of national legislation and the formation of a unified international and regional legal framework, the role of constitutional courts in ensuring the supremacy of the Constitution, the protection of human rights and freedoms and citizen, and other issues of constitutional proceedings.
A special issue of the Bulletin of the Constitutional Court of the Republic of Tajikistan, which contained reports and presentations of the conference participants, as a result of the conference.
In addition, a Bulletin of the Conference of Constitutional control organs of Countries of Young Democracy, which was entirely devoted to the International scientific-practical conference held in Dushanbe, was issued in 2011, in Yerevan (Armenia). This Bulletin was published in two languages and distributed to more than fifty members of the Conference of Constitutional Control Organs of Countries of Young Democracy.
The Constitutional Court of the Republic of Tajikistan in order to protect and ensure the supremacy of the Constitution of the Republic of Tajikistan and the strengthening constitutional legality maintains close ties and business contacts with the Majlisi Milli, the Majlisi Namoyandagon, the Executive Office of the President of the Republic of Tajikistan, the Supreme Court, Higher Economic Court, the General Prosecutor’s Office, the Council of Justice and Ministry of Justice and other state bodies of the Republic of Tajikistan.
Authorized representatives of the Majlisi Milli, the Majlisi Namoyandagon, and the Executive Office of the President of the Republic of Tajikistan take part in the meetings of the Constitutional Court on various legal issues. To participate in the meetings of the Constitutional Court are also invited representatives of the Supreme Court, Higher Economic Court, the General Prosecutor’s Office and other ministries and departments of the Republic of Tajikistan.
Sessions of the Constitutional Court of the Republic broadcasted on state television channels, its resolutions and other acts are published in the “Akhbori Majlisi Oli of the Republic of Tajikistan”, in official government publications “Jumhuriyat”, ”Sadoi Mardum” and “Narodnaya Gazeta” and made available to the public.
The Constitutional Court of the Republic of Tajikistan annually sends to the President of the Republic of Tajikistan, to Majlisi Milli and Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan a message on the condition of constitutional legality in the Republic of Tajikistan. In the message the achievements, functioning and the activities of the Constitutional Court and state authorities to ensure the supremacy of the Constitution and the constitutional legality in the country is analyzed. The attention of the above named bodies aimed at solving existing problems. The massage of the Constitutional Court in the future shall find its realization in the activities of the legislative and executive bodies.
International cooperation has become an integral part of the activities of the Constitutional Court of the Republic of Tajikistan.
Year after year, international cooperation of the Constitutional Court of the Republic of Tajikistan with the constitutional courts of other states is increasing, including the member states of the CIS. International conferences and seminars within the framework of which an exchange of views on the practice of constitutional courts, taking judicial decisions and other procedural questions of constitutional control are held.
The Constitutional Court of the Republic of Tajikistan since 2011 is a member of the World Conference of the bodies of constitutional control.
From January 22 to 24, 2009 rrepresentatives of the Constitutional Court of the Republic of Tajikistan, on a par with the representatives of the constitutional control of 93 world countries, participated in the first World Conference of the bodies of constitutional control, which took place in the city Cape Town (South Africa), as well as in the 3rd World Conference of the bodies of the constitutional control in Seoul, the Republic of Korea from September 28 to October 1, 2014.
They made presentations and actively participated in the discussion of the draft Charter of the World Conference of the bodies of the constitutional control and its adoption.
The Constitutional Court of the Republic of Tajikistan is a member of the Conference of constitutional control organs of the countries of new democracies. Judicial acts, articles of judges and other informational materials of this conference were published in the Journal of the Republic of Armenia in Yerevan.
In recent years, representatives of the Constitutional Court actively participated in several international conferences on the topic: “Constitutional values – the main factors of development of democratic systems,” dedicated to the 15th anniversary of the Constitution of the Republic of Moldova (Chisinau, 22-23 July, 2009); XIV Conference of the constitutional control organs of the new democracies on the theme, “International experience of cooperation of constitutional courts and parliaments to ensure the supremacy of the Constitution” (Yerevan, 1-3 October 2009); in the work of the Congress of the Association Asian constitutional courts and equivalent institutions on “The Present and Future of Constitutional Justice in Asia” (Seoul, Republic of Korea, May 20-22, 2012); at the international scientific-practical conference dedicated to the Constitution Day of the Republic of Kazakhstan on the theme, “The Constitution is the basis for the strategy of development of society and the state” (Astana, Kazakhstan, August 29-30, 2013); at the international scientific-practical conference on the theme “Implementation of decisions of the Constitutional Court as a guarantor of the effectiveness of constitutional justice” (Bishkek, the Republic of Kyrgyzstan, May 21-23, 2014); at a regional conference on the theme: “Constitutional right.” Taking part within the framework of the Initiative of the supremacy of law in the EU for Central Asia (Helsinki, Finland, September 17-18, 2014) and etc. made presentations drawing attention of participants to the importance of the constitutional control in the consideration and resolution of problems facing the court.
During the conference, bilateral meetings of the representative of the Constitutional Court of the Republic of Tajikistan with George Buquicchio – President of the Venice Commission of the Council of Europe, Mr. Arutunyan – Chairman of the Conference of Constitutional Control Organs of the new democracies – Chairman of the Constitutional Court of the Republic of Armenia, representatives of the Constitutional Courts Algeria, Armenia, Belarus, Bulgaria, Germany, Italy, Kazakhstan, Kirgizstan, Latvia, Lithuania, Moldova, France, the Russian Federation and the Czech Republic. An exchange of views and experience on a wide range of issues of constitutional proceedings took place.
January 12, 2010 during the meeting of the Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Makhmudov with the Plenipotentiary Ambassador of France in Tajikistan Mr. Henry Zipper de Fabiani a detailed exchange of views on the place and role of the constitutional review in the system of state power and about further development of this politico-legal institute.
After reviewing the objectives, competence and activities of the Constitutional Court of the Republic of Tajikistan, Mr. Ambassador noted that the Constitutional Council of France exists more than two hundred years. Such a body, which aims to protect the Constitution and ensure its supremacy, has a special place in France and named it the “heart of democracy.”
Official visit by a delegation of the Constitutional Court of the Republic of Tajikistan to a number of leading countries to exchange experiences on the constitutional review, including in Kazakhstan (2007), Poland (2008), Moldova, Armenia, Germany, Strasbourg (2009), Italy, Jakarta, Astana (2010), South Korea (2012), France, Turkey, Helsinki (2014) and the study of best practice of the mentioned countries, the exchange of information on international standards to protect the rights and freedoms of man and citizen may effect on strengthening the legal framework of the Constitutional Court.
Visits, study and exchange of views with their colleagues played an important role in the development of the constitutional law of the Republic of Tajikistan “On the Constitutional Court of the Republic of Tajikistan” in the new edition (2014) and “Rules of the Constitutional Court of the Republic of Tajikistan” (2015).
The development of permanent cooperation of the Constitutional Court of the Republic of Tajikistan with the bodies of the constitutional control of other countries helped to improve the status of this independent body of the judiciary as a new institution of a democratic state to ensure supremacy of the Constitution, as well as protection of the rights and freedoms of man and citizen, not only domestically, but also in abroad.
The seventh Conference of the Chairmen of Constitutional Courts of Asia, held in July 2010 in the Republic of Indonesia, has played an important role in the development of international relations of the Constitutional Court of the Republic of Tajikistan. The work of this conference was attended by M. Mahmudzoda and made a presentation.
An Association of Constitutional Courts of Asia and equivalent institutions was established at this Conference, which aims to develop all-round relations between the bodies of the constitutional control of Asia.
In 2011, the Constitutional Court of the Republic of Tajikistan was admitted to the membership of the Association of Constitutional Courts and equivalent institutions of Asia.
The main objective of the Association is to promote international co-operation of the members of the constitutional courts in the countries of Asia to protect the rights and freedoms of man and citizen, the rule of constitutional norms, independence of the judiciary, exchange of experience and access to information among the members of the Association.
Judges of the Constitutional Court of the Republic of Tajikistan, taking part in the congresses of the Association of Constitutional Courts and equivalent institutions, organized and held in Jakarta (2011), Seoul (2012), in Ankara (2014), made presentations on the topic of constitutionalism, about the Constitution and its role in the state, on political system, on protection of the rights and freedoms of a man and a citizen.
The participants of the congress of the Association were introduced to the theory and practice of the statehood, domestic and foreign policy of the country, the basis of the constitutional structure, the essence of a democratic, independent and the social state, the role of a man and a citizen in the Constitution and the practice of statehood in Tajikistan.
In the practice of the Constitutional Court of the Republic of Tajikistan, an important pace is occupied by bilateral cooperation with other bodies of the constitutional control and on this basis, the regulation of the priority areas of cooperation in international legal instruments. This clearly demonstrates the importance of international cooperation in the work of the constitutional control and the transition of cooperation to qualitatively new stages of its development.
On this basis, from April 4 to 10, 2011 the visit of the delegation of the Constitutional Court to St. Petersburg of the Russian Federation was held, during which the delegation was acquainted with the professional activity of the Constitutional Court of the Russian Federation.
At a meeting with the Chairman, his deputies and members of the Constitutional Court of the Russian Federation has been given special attention to issues affecting the terms of reference of the Constitutional Court, regulation and procedure of the constitutional legal proceedings, the legal status of subjects of appeal to the Court, the further development of substantive and procedural activity of the body of constitutional review.
During the meeting, a Memorandum of Cooperation between the Constitutional Court of the Republic of Tajikistan and the Constitutional Court of the Russian Federation was signed, which became the first international act, signed by the authorities of the constitutional court of the two countries.
The signatories of this important document stressed that the conclusion of this Memorandum is important and will assist in further development of relations between the two countries of the constitutional control.
This document will enable the parties, in accordance with their national law, to strengthen cooperation through the exchange of experience and information on the normative legal and judicial acts related to the activities of the constitutional courts.
During an official visit of the President of Tajikistan Emomali Rahmon to Ukraine, on December 15-16, 2011, where M. Mahmudzoda was a member of the delegation, a memorandum on cooperation was signed between the Constitutional Court of the Republic of Tajikistan and the Constitutional Court of Ukraine.
This document gives the parties many opportunities for mutually beneficial cooperation, exchange of experiences, providing information on the normative legal and judicial acts related to the activities of the constitutional courts.
From April 23 to 29, 2012, an International Symposium in honor of the 50th anniversary of the Constitutional Court of the Republic of Turkey was held, which representatives of the Constitutional Court of the Republic of Tajikistan attended.
M. Mahmudzoda led a group, and during the conference, a memorandum on bilateral cooperation between the Constitutional Court of the Republic of Tajikistan and the Constitutional Court of the Republic of Turkey was signed.
The Memorandum is based on the principles of state independence, responsibilities of the parties for the protection and ensuring the supremacy and direct effect of the Constitution, the protection of the rights and freedoms of a man and a citizen, and is aimed at further development of cooperation and exchange of experience, at taking measures to achieve the assigned objectives and the provision of efficient and timely facilitation of the resolution of the issues of mutually beneficial cooperation.
The parties, stressing the importance of the conclusion of the document, noted its role in strengthening and further development of relations a body of constitutional justice in both countries.
On May 14, 2013 an international seminar to discuss the new draft Constitutional Law of the Republic of Tajikistan “On the Constitutional Court of the Republic of Tajikistan” was organized with the participation of Chairman of the Constitutional Court of the Republic of Armenia, Chairman of the Conference of the Bodies of Constitutional Control of the Coiuntries of New Democracy G. Harutunyan. On completion of the seminar, a Memorandum on cooperation between the Constitutional Court of the Republic of Tajikistan and the Constitutional Court of the Republic of Armenia was signed.
From December 4 to 7, 2014, a delegation of the Constitutional Court, where Davlatov J. M. – an assistant to the President of the Republic of Tajikistan on legal policy was member of the delegation, with the purpose to exchange experience and acquaintance with the activities of the Constitutional Court of Romania visited Bucharest. During the visit, the working group was acquainted with the activities of the body of constitutional control of Romania, whose representatives were informed about the fruitful activities of the Constitutional Court of the Republic of Tajikistan.
Within the framework of this working visit, a Memorandum of Cooperation between constitutional courts of two states was signed.
International co-operation of the Constitutional Court of the Republic of Tajikistan and the European Commission for Democracy through Law (the Venice Commission of the Council of Europe), especially working relationship with the President and his staff, is essential for their further development and consolidation.
The contribution of this Commission in organizing an International scientific conference in honor of the 15th anniversary of the Constitutional Court of the Republic of Tajikistan, which was held on November 4-5, 2010 in Dushanbe, is invaluable.
The experts of the Commission carried out legal examination of the Constitutional Law of the Republic of Tajikistan “On Constitutional Court of the Republic of Tajikistan” in its new edition and provided conclusions.
Judges and members of the staff participating in conferences and seminars organized and conducted by this commission, made presentations, as well as acquainted themselves with the European Law, with the activities of the European institutions, in particular with the European Court of Human Rights.
Within the framework of cooperation of the Constitutional Court of the Republic of Tajikistan with international organizations, including the Institute of “Open Society” – Fund of Assistance and the GIZ (German Society for International Cooperation), some notable work have been done in terms technical support of the court and provision the necessary judiciary literature to the library.
As a result of this cooperation, the number of books and other publications of the Court’s Library Court 5,000 units.
Another important historical event, which was mentioned above, and without which it is impossible to imagine the modern history of the statehood of Tajikistan – is the adoption of the first Constitution of independent Tajikistan. The Constitution is the expression of the will of the Tajik people, who for thousands of years pursued to gain independence of the country, to build a democratic and independent state based on national and internationally accepted values.
It was announced in the Constitution that the Tajik people is an integral part of the international community and it is responsible before the past, the present and the future generations, put before the people Tajikistan an historical goal and the task of creating a just society.
Tajik President of the Republic of Tajikistan respected Emomali Rahmon in his address to the Majlisi Oli of the Republic of Tajikistan in 2014, marking a constructive role and the importance of the Constitution, stressed:
“The Constitution provides the necessary legal conditions to eliminate danger that threatens the state independence, the salvation of the new state from extinction, split among the Tajik people and became a strong basis for achieving national unity, showing sensitivity to the historical pillars of the statehood of the Tajik people, has played a pivotal and crucial role.”
Therefore, the celebration of the 20-th anniversary of the adoption of the first Constitution of independent Tajikistan in 2014 was marked with great solemnity.
To celebrate the 20th anniversary of the Constitution of the Republic of Tajikistan, the Constitutional Court organized a number of activities; its efforts were aimed at improving the foundations of the constitutional justice in the country.
The year 2014 for the Constitutional Court, that was formed in order to ensure the supremacy and strict observance of the Constitution, the protection of the rights and freedoms of man and citizen, was historical one.
The published book – “The Constitution – the basis for formation the system of national law,” and other scientific and publicist articles of the Chairman of the Constitutional Court M. Mahmudzoda proposed for readers and specialists of law, played an important role in ensuring the constitutional culture of the society.
More than 25 scientific and public articles of the employees and judges of the Constitutional Court were also published, that deal with different aspects of the Constitution have played an important role in the establishment and strengthening the statehood of the country.
In the same year the article of the Secretary of the Constitutional Court of the Republic of Tajikistan Karimov K.M. “The Constitution – a collection of political and legal doctrines of humanity”, was awarded third place and diploma at the national contest dedicated to the 20-th anniversary of the Constitution of the Republic of Tajikistan.
In order to propagate the norms of the Constitution among the country’s population, which is systematically carried out by the Constitutional Court, the Chairman, the judges and staff of the Constitutional Court actively participated and made presentations at the meeting of the Public Council of Tajikistan, republican scientific-practical conferences and more than 53 activities of ministries and departments.\
In honor of the 20th anniversary of the adoption of the Constitution in the newspaper “Jumhuriyat” was also published under the editorship of the Chairman of the Constitutional Court a scientific and public commentaries on the Constitution of the Republic of Tajikistan, which played a big role in improving the legal culture of the population.
It should also be noted that the adoption of the Constitutional Law of the Republic of Tajikistan “On the Constitutional Court of the Republic of Tajikistan” was timed to coincide with celebrations of the 20-th anniversary of the adoption of the Constitution of the country.
On June 26, 2014, in accordance with the Program of judicial-legal reform the above-mentioned Constitutional Law with new amendments has been adopted and put into effect.
The present Constitutional Law that consists of 15 chapters and 86 articles in terms of its content has 4 chapters and 23 articles more than the previous Constitutional Law, which had 11 chapters and 63 articles.
Its adoption testifies about further democratization of social and political life of the country and is logistic continuation of the realization of the constitutional principle of separation of powers in Tajikistan, judicial and legal reform and transformation of the judiciary, including the Constitutional Court, into a reliable mechanism for the protection of constitutional rights and freedoms of a man and a citizen.
It has provided the Constitutional Court and judges the necessary legal conditions for a more effective implementation of the constitutional powers.
In spite of the achievements, gained in the development of the judiciary, the goals and objectives of judicial reform are fully being implemented in the Republic of Tajikistan.
To this end, on January 5, 2015 a new Program of judicial and legal reform for 2015-2017 was approved by the Decree of the President of the Republic of Tajikistan, which is aimed at strengthening the judiciary, development and efficient activities of its structures, strengthening the cooperation of the judiciary with other law enforcement bodies of the country and also the enforcement of judicial acts.
Thus, the Constitutional Court, in carrying out its activities on the basis of the Constitution of the Republic of Tajikistan, Constitutional Law of the Republic of Tajikistan “On the Constitutional Court of the Republic of Tajikistan” and other legal normative acts, as other important institutions of a democratic statehood is making its invaluable contribution to the maintenance of constitutional justice, the development and consolidation of the constitutional order, the protection of the rights and freedoms of a man and a citizen. Since in a democratic and legal state to present political, economic and social stability of the state, coordinated and systemic activity of the government without strengthening constitutional legality, constitutional culture and the rule of law is impossible.
In this process, the position of the Constitutional Court gaining special importance, day by day, making an invaluable contribution to the realization of the goals and objectives state and society, the improvement of the state and statehood, building an independent, democratic and just society in Tajikistan.