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Ministry of Justice

Republic of Tajikistan

 On April 23, 2019 No. 14

PRESIDENTIAL DECREE OF THE REPUBLIC OF TAJIKISTAN

of April 19, 2019 No. 1242

About the Program of judicial and legal reform in the Republic of Tajikistan for 2019-2021

According to article 69 of the Constitution of the Republic of Tajikistan, for the purpose of strengthening of judicial authority in the Republic of Tajikistan, I decide:

1. Approve the Program of judicial and legal reform in the Republic of Tajikistan for 2019-2021 it (is applied).

2. Execution of the Program to assign to the Constitutional court of the Republic of Tajikistan, the Supreme Court of the Republic of Tajikistan, the Supreme economic court of the Republic of Tajikistan, the Ministry of Justice of the Republic of Tajikistan, Service of execution under the Government of the Republic of Tajikistan and other relevant state bodies.

3. Control of execution of the Program to assign to the special advisor to the president of the Republic of Tajikistan according to legal issues.

President of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Presidential decree of the Republic of Tajikistan of April 19, 2019 No. 1242

The program of judicial and legal reform in the Republic of Tajikistan for 2019-2021

The program of judicial and legal reform in the Republic of Tajikistan for 2019-2021 (further - the Program) is continuation of the previous programs of judicial and legal reforms in Tajikistan, is based on the president's letter of the Republic of Tajikistan "About the main directions internal and foreign policies of the Republic of Tajikistan" of December 26, 2018 and provides realization of necessary measures for further strengthening of judicial authority and to enhancement of the legislation concerning activity of the courts, services of execution, law-enforcement and other public authorities.

1. Purposes and tasks

1. The constitution of the Republic of Tajikistan determined judicial authority as the independent branch of the government which is important in implementation of ensuring social justice, legality strengthening, development of democratic and legal society, protection of rights and freedoms of man and citizen. Taking into account development of society and emergence of the new public relations, ensuring justice according to international standards and regulations of national legal acts, strengthenings of guarantees of judicial protection of rights and freedoms of man and citizen judicial and legal reform in the country will be continued.

2. The purposes and tasks of the Program consist of enhancement of structure of courts and strengthening of their activities for protection of rights and freedoms of man and citizen, interests of the state, the organizations, legality and justice, control over timely execution of court resolutions, improvement of quality and efficiency of judicial activities, social improvement of judges and workers of the office of courts, and also enhancement of the legislation in this direction.

2. Enhancement of the legislation

3. For determination of procedure for consideration in the Constitutional court of projects of changes and amendments in the Constitution of the Republic of Tajikistan, drafts of the laws and other questions represented on national referendum it is necessary to make changes and additions to the constitutional Law "About the Constitutional Court of the Republic of Tajikistan".

4. Studying of the legislation of number of foreign countries showed that hearing of cases about administrative offenses concerning individual entrepreneurs and legal entities in connection with implementation of business and other economic activity by them is referred in jurisdiction of economic courts. Considering that economic courts consider economic cases with participation of individual entrepreneurs and legal entities, it is reasonable to analyze questions of reference to jurisdiction of economic courts of cases on administrative offenses concerning individual entrepreneurs and legal entities.

5. For the purpose of timely execution of court resolutions and acts of other bodies, elimination of the available gaps and contradictions of regulations in the legislation regulating executive productions, enhancement of procedure for forced execution of executive documents including taking into account nature of executive actions and the solution of other questions of industry, it is necessary to develop and adopt in the new edition the Law of the Republic of Tajikistan "About enforcement proceeding".

6. For ensuring fair and objective trial of criminal cases, providing qualified legal assistance to the detainee, the suspect, the person accused and the defendant, enhancement of legal causes of giving permission to application of measure of restraint in the form of detention and enhancement of other procedural rules it is reasonable to make changes and additions to the Code of penal procedure of the Republic of Tajikistan.

7. The constitutional principle of publicity of legal proceedings, access of society to activity of the courts is guarantee of fair legal proceedings and one of means of trust of society to judicial authority and provides tasks of legal procedure on strengthening of legality and law and order, prevention of making of crimes, respect for the law, protection of rights and freedoms of man and citizen. Proceeding from it, the information access about activity of the courts is important. With respect thereto to basis there was need of development and adoption of law of the Republic of Tajikistan "About ensuring access to information on activity of the courts", improvements of work of the judicial websites, electronic distribution of legal cases and enhancement of the regulations of the legislation concerning other activities of courts.

8. For the purpose of ensuring compliance of the penal legislation with the international legal acts, review of criminal penalty in the form of imprisonment for separate criminal acts, decriminalization of the separate criminal acts which are not constituting big public danger and in general for enhancement of the penal legislation needs to accelerate development of the Criminal code of the Republic of Tajikistan in the new edition.

9. For strengthening of protection of rights and freedoms of man and citizen, interests of the state, the organizations, especially their property rights, reductions of industry regulations in compliance with the international legal acts and other national legal acts, and also regulations of the new public relations, it is reasonable to develop and accept the Civil codec in the new edition.

10. Providing the rights of citizens to housing, enhancement of industry precepts of law of industry, their reduction in compliance with other regulatory legal acts, and also settlement of the new public relations connected with housing and timely execution of court resolutions on housing disputes require adoption of the Housing code of the Republic of Tajikistan in the new edition.

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