17:38:56 - 10.12.2016

News of Constitutional Court of the Republic of Tajikistan

 

On the 29th of August, 2016 at the Nation Palace the Founder of the peace and national unity – the Laader of the Nation, the President of the Republic of Tajikistan Emomali Rahmon in honor of the 25th anniversary of the State Independence of the Republic of Tajikistan, together with representatives of various professions has awarded the medal «Hizmati shoista» to Vice-President of the Constitutional Court of the Republic of Tajikistan Karim Karimzoda Mazie.

 

 

 

From 8 to 12 August this year Bali, Republic of Indonesia hosted the Third Congress of the Association of Asian constitutional courts and equivalent institutions, as well as meeting members of the Association, which includes the Constitutional Court of the Republic of Tajikistan.

The Congress was attended by the President of the Republic of Indonesia Mr. Joko Widodo, representatives of bodies of the constitutional control more than twenty countries, international institutions and state power bodies of the Republic of Indonesia.

The Constitutional Court of the Republic of Tajikistan at the Third Congress of the Association was presented by President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda, by the judge Davron Hoshimzoda and Chief of staff of the constitutional court Abdumajid Gulzoda.

In the framework of this important international event the issues concerning the dissemination and protection of the constitutional rights of citizens, the role of the decisions of constitutional courts and equivalent institutions in implementation and protection of constitutional rights of citizens, modern means of strengthening the protection of the constitutional rights of citizens, the role of constitutional control organs in ensuring the supremacy and direct effect of the Constitution, as well as other issues relating to the promotion of constitutionalism based on the experience of different countries were discussed.

At this event the President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda made a presentation on "the Role of the Constitutional Court of the Republic of Tajikistan in the protection of the rights and freedoms of man and citizen" which provided information on the activities of the constitutional court in ensuring the supremacy of the Constitution and protection of the rights and freedoms of man and citizen.

On the Third Congress of the Association of Asian constitutional courts and equivalent institutions, its participants adopted the Bali Returns which reflects the commitment of the members of the Association for the strengthening and use of modern mechanisms for the protection of constitutional rights of citizens.

In the framework of this working visit to the Republic of Indonesis the Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda met with the President of the Constitutional Court of the Republic of Indonesia – Chairman of the Association of Asian constitutional courts and equivalent institutions, as well as the presidents of the constitutional courts of Korea, Kazakhstan and representatives of constitutional courts of other countries in the course of which they discussed issues concerning the strengthening of mutual cooperation.

With the aim of expanding and strengthening international relations in the course of the visit a Memorandum on cooperation between the Constitutional Court of the Republic of Tajikistan and the Constitutional Court of the Republic of Korea was signed. This legal act is an important legal basis for strengthening and development of international relations of the constitutional control organs of the two friendly States.

It should be noted that to this day the Constitutional court of the Republic of Tajikistan has signed a Memorandum of cooperation with the Constitutional court of the Russian Federation, the Republics of Armenia, Korea, Kyrgyzstan, Romania, Turkey and Ukraine, which are under implementation.

 

 

 

July 8, 2016, in the courtroom of the Constitutional Court of the Republic of Tajikistan a final semi-annual reporting meeting with participation of judges and staff of the Constitutional Court of the Republic of Tajikistan was held.

Opening the meeting, Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda noted some important issues of activities of the Constitutional Court and reminded participants about the need to thoroughly and comprehensively analyze the results of the work of the Constitutional Court for the 1st half of 2016

The main report on the outcome of the Constitutional Court of the Republic of Tajikistan activities for the 1st half of 2016 was delivered by the Deputy Chairman of the Constitutional Court of the Republic of Tajikistan Karimzoda K. M.

The Chief of staff of the Constitutional Court of the Republic of Tajikistan Gulzoda A. A. in his report analysed the results of execution of individual items of the work plan of the staff of the Constitutional Court on the 1st half of 2016.

During the meeting reports were also made by the judges and staff of the Constitutional Court.

At the end of the meeting, the Chairman of the Constitutional Court of the Republic of Tajikistan M. Mahmudzoda expressed gratitude to the staff of the Constitutional Court for a successful and fruitful work.

On results of work of the Constitutional Court of the Republic of Tajikistan in the 1st half of 2016 Assembly adopted a relevant resolution.

 

 

 

On the 24th of June, 2016 at the Constitutional Court of the Republic of Tajikistan in honor of the holiday of National unity and the 25th anniversary of the State independence of the Republic of Tajikistan with the participation of scientists, representatives of state bodies and officials of the constitutional court a "round table" on a theme "the constitutional court is the brainchild of State independence was held.

The representative of the President of the Republic of Tajikistan in the Constitutional Court of Shonazarov S. A., Director of the National centre for legislation under the President of the Republic of Tajikistan Rahimzoda M. Z., the Director of the Agency for drug control under the President of the Republic of Tajikistan Salimzoda O. sh. also participated and gave presentations at the round table.

Chairman of the Constitutional Court of the Republic of Tajikistan Makhkam Mahmudzoda, in his opening speech at the "round table" noted in particular the historical, political, legal, social and cultural importance of National unity and State independence in the development of the newest statehood. Mahkam Mahmudzoda also noted that thanks to the efforts of the founder of the peace and national unity – Leader of the nation, the President of the Republic of Tajikistan, esteemed Emomali Rahmon, the country managed to achieve peace and unity, and stabilization of the complicated political situation.

Fourteen reports of scientists and representatives of government agencies dealing with various aspects of the historical significance of National unity and State independence in the development of the state were generally presented at the "round table".

 

 

 

 

On the 17th of June, 2016 Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda took part in scientific-theoretical conference on the theme "The Law of the Republic of Tajikistan about the Founder of the peace and national unity – Leader of the nation", which was held at the initiative of the National guard in honor of the Day of national unity.

Chairman of the constitutional court of the Republic of Tajikistan Mahkam Mahmudzoda at this event, speaking with a report on "Agreement on peace in Tajikistan is the legal basis for national unity", in particular, noted that thanks to the efforts of the founder of the peace and national unity – Leader of the nation, the President of the Republic of Tajikistan, Emomali Rahmon country has managed to achieve peace and unity and stabilization of the difficult political situation and the signing of the General agreement on establishing peace and national accord.

General agreement on establishing peace and national accord as an important political document has laid a solid legal basis to ensure unity and stability in the country, and is important in strengthening of national statehood.

 

 

 

June 15, 2016 under the Chairmanship of the President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda, a hearing on consideration of the petition to the General Director of limited liability company "Not" of Isfara Isamadieva N. "About determination of compliance of the fourth, fourteenth and seventeenth paragraphs of paragraph 2.4, paragraph 4.1, of the first, second and seventh paragraph of section 4.4. Charter of State unitary enterprise "Nalati cars VA hizmetlerini logistics", the approved order of the Ministry of transport of the Republic of Tajikistan from February 13, 2013, №32, article 12 of the Constitution of the Republic of Tajikistan" was held.

Representive of the President of the Republic of Tajikistan in the Constitutional Court, the Majlisi Milli and the Majlisi Namoyandagon in the constitutional court, representatives of the Higher economic court, General Prosecutor, Ministry of justice and transport, the State Committee on investments and state property management, Agency for state financial control and combating corruption, as well as other government agencies took part in judicial session.

The Constitutional Court of the Republic of Tajikistan, having considered in open judicial session the question revealed new facts that may be important for consideration of the merits and exact determination of which requires an additional constitutional check. In particular, a precise definition of the legal status of the Charter of the State unitary enterprise "Nalati cars VA hizmetlerini logistics", the approved order of the Ministry of transport of the Republic of Tajikistan of 13 February 2013, No. 32, and its application, which in turn requires qualifying the conclusion of the authorized state body.

On this basis, the decision of the Constitutional Court on this petition is pending.

 

 

 

 

26 may 2016 the President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda and Deputy Chairman of the Constitutional Court Karimzoda Karim took part in the Republican scientific-practical conference on "Legislative activity in the Republic of Tajikistan: development and challenges". This conference was held at the initiative of the National centre on legislation under Prezedent of the Republic of Tajikistan in honor of the 25th anniversary of the State independence of the Republic of Tajikistan.

Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda during the conference speaking about the role of law-making in the development of the legal system of the country in particular noted that for the improvement and efficiency of the lawmaking process it is necessary that the authorized state body constantly holds monitoring of normative legal acts and normative legal acts had been elaborated taking into account the need, on the basis of forecast and planning.

Mahkam Mahmudzoda also noted that during the development and adoption of normative legal act the compliance to legal, scientific, linguistic and anti-corruption ekspertise as well as ensuring the state registration of regulatory legal acts, which in turn positively contributes to quality of normative legal acts in the context of their execution are needed.

The a report on "The constitutional review and legislative activities" was made by the Deputy President of the Constitutional court Karim Karimzoda.

 

 

 

On the 21st of May, 2016 the President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda, received an Interparliamentary Assembly of the Commonwealth of Independent States international observers group, that arrived in Tajikistan to observe the openness and transparency of the referendum process on amendments and additions to the Constitution.

During the meeting, the Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda speaking about the importance of the changes and additions to the Constitution, in particular noted that in accordance with laws "On the Constitutional Court of the Republic of Tajikistan" and "On referendum of the Republic of Tajikistan” the Constitutional Court has a capacity to determine the compliance of the draft amendments and additions to the Constitution of the Republic of Tajikistan, with the Constitution of the country.

In accordance with this capacity provided by law, prior to the appointment of a referendum and upon the recommendation of the Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan, the Constitutional court considered the draft amendments and additions, as well as due to the Constitutional Court`s ruling of 4 February 2016, the draft amendments and additions to the Constitution of the Republic of Tajikistan was declared constitutional.

Noting the purpose of visit to the Republic of Tajikistan, Representatives of the Interparliamentary Assembly of the Commonwealth of Independent States have paid special attention to the activities of the Constitutional Court, aimed at ensuring the supremacy and direct action of the Constitution.

The meeting was also attended by Deputy Chairman Karimzoda K. M. and judges of the constitutional court of Gulzor M. M. and Hoshimzoda D. D.

 

 

 

From the 16 th to the 20th of May, 2016 an international conference on the theme: "Modern constitutional justice: challenges and perspectives" dedicated to the 25th anniversary of the Constitutional Court of the Russian Federation, and VI Petersburg international legal Forum were hosted in St. Petersburg.

Representatives of bodies of the constitutional control of Austria, Armenia, Belarus, Belgium, Germany, Indonesia, Israel, India, Spain, Kazakhstan, Kyrgyzstan, Korea, Kingdom of Thailand, Serbia, Uzbekistan, France, Finland, Swiss Confederation, Estonia and other countries, also representatives of the European court of human rights, the Venice Commission of the Council of Europe, state authorities of the Russian Federation and legal scholars participated in the international conference.

VI St. Petersburg international legal Forum was also organized at the highest level. More than three and a half thousand representatives from eighty countries participated in the Forum, during which the sides discussed various issues of law, policy, and economics.

The Constitutional Court of the Republic of Tajikistan was represented by Hoshimzoda D. D., who delivered a report on the topic:"Constitutional justice-guarantee the rule of law in Tajikistan".

 

 

 

On May 6th, 2016, the Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda and judge of the Constitutional Court Davron Hoshimzoda took part in the republican scientific-practical conference on the theme "Development of international public and private law in 25 years of State independence of the Republic of Tajikistan", which was organized aon the initiative of the law faculty of the Tajik National University.

Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda, speaking with a welcoming speech, expressed his opinion on the development of international public and private law in the period of State independence. He also noted the need for creation of the Department of international law of the law faculty, Professor Mengliev`s role in providing human resources in the field of international law, as well as in the development of this branch of law.

During the conference the questions devoted to the legal regulation of labour relations in private international law peculiarities, the state and development of the science of international law in 25 years of State independence, as well as other topical issues concerning the industry, were discussed

 

 

 

 

May 4-5, 2016 in the city of Khujand, the Constitutional Court of the Republic of Tajikistan jointly with the Council of justice of the Republic of Tajikistan and GIZ Project "Promotion of legal statehood in Central Asia" held a workshop on "Judicial-legal reform and development of constitutional justice in the Republic of Tajikistan".

The seminar was attended by the chairmen and judges of the Sughd regional court, courts of cities of Khujand, Buston, Guliston, Istiqlol, Istaravshan, Isfara, Kanibadam, Penjikent, districts of Asht, B. Gafurov, Devashich, Spitamen, J. Rasulov, Shahriston, representatives of a number of specified local executive authorities, and also representatives of the management of the Ministry of justice and the office of Council of justice in the region.

During the seminar the issues concerning the significance of judicial reform in the development of the judiciary, the innovations in the constitutional law of the Republic of Tajikistan "On the Constitutional Court of the Republic of Tajikistan", the role of this body in ensuring constitutional justice, its powers, the subjects entitled to appeal to the Constitutional Court, the procedure for applying to the body, the importance of the Message of the Constitutional Court in the development of legislation, ensuring of the constitutional legality in the country, the order of execution of judicial acts and other issues were discussed

 

 

 
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