17:22:01 - 30.05.2016

News of Constitutional Court of the Republic of Tajikistan

 

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

 

 

 

 

On the 25th of April, 2016 another issue of the scientific information journal "Herald of the Constitutional Court of the Republic of Tajikistan" No. 1 for the year 2016 in the state and Russian languages, which reflects the activity of the constitutional court, court orders, reports and articles of judges of the constitutional court, as well as scientific articles of legal scholars, was published.

In this issue of scientific and informational journal was published by the decision of the Constitutional Court on the recommendation of the Majlisi Namoyandagon Maglisi Oli of the Republic of Tajikistan "About definition of conformity of the draft amendments and additions made to the Constitution of the Republic of Tajikistan".

A separate chapter of the journal is devoted to news from the Constitutional Court, which covers information regarding legal proceedings, of the meetings of the management and judges of the constitutional court with foreign guests, information about the conducted meetings of the staff of the court concerning various issues, as well as other important news.

You will have the opportunity to read this issue of the journal in the library or through the website of the constitutional court.

 

 

 

On the 21st of April, 2016 chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda and judge of the Constitutional Court Gulzor Muhabbat took part in the work of "round table" on theme: "Development of civil and entrepreneurial legislation in 25 years of State independence", which was held at the National centre for legislation under the President of the Republic of Tajikistan.

Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda during the work of the "round table", held a welcoming speech about the basics of development of civil law in the period of State independence, its role in the regulation of social relations and the development of a market economy, in particular noted that, in general, civil law of the country has provided legal basis for the development of civil legal relations established on the principles of equality and independence of their members, in particular individuals and entities.

 

 

 

 

On the 7th of April, 2016 the President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda and judge of the Сonstitutional Сourt Davron Hashimzada took part in the international scientific-practical conference on "Current state of science and law on operative-search activity", which was organized on the initiative of the Ministry of Internal Affairs of the Republic of Tajikistan.
In an opening speech the President of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda noted, in particular, that with the adoption of the Constitution in Tajikistan, legal reforms have been actively promoted, which in the short period of time updated legislative framework of the country, concerning the legislation on operative-search activity.
The Criminal Code, the criminal procedures Code were adopted in the new edition. Also in 1998 the law of the Republic of Tajikistan "On operative-search activity" was adopted, which was revised and adopted in a new edition, aimed at regulation of public relations connected with implementation of operational search activities, in 2011.
Despite the existence of an appropriate legal framework in this area, today the crime is takes new forms, in particular, developing modern technologies are increasingly used for committing the crime, which poses a threat to national security and stability of society.
On this basis, the legislative framework of operational-investigative activity needs to be further improved. New methods of preventing and detecting crime are necessary to be developed to ensure the effectiveness of function-based bodies carrying out operative-search activities.

 

 

 

 

Vice-President of the Constitutional Court of the Republic of Tajikistan Karimzoda K. M. together with Gulzor M. M. and Hoshimzada D.D., Judges of the Constitutional Court, held a meeting with Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression David Kay on the 9 of March, 2016.

During the meeting the sides discussed issues related to the activities of the Constitutional court and direct action of the Constitution.

David Kaye, expressed satisfaction with the rule of law in the country, and payed special attention to the role of the Constitutional court, gave a positive feedback on the existence of the organ of the constitutional control in the country.

 

 

 

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
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