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Ministry of Justice

Republic of Tajikistan 

 On July 1, 2021 No. 37

LAW OF THE REPUBLIC OF TAJIKISTAN

of June 25, 2021 No. 1783

About information access about activity of the courts

Accepted by the Resolution MH MOPT of May 14, 2021, No. 412

Approved by the Resolution MM MORT of June 21, 2021, No. 154

This Law establishes legal and organizational basis of information access about activity of the courts and governs the public relations, related.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) information access - receipt of information on activity of the courts according to the procedure, established by this Law;

2) information on activity of the courts - information prepared by courts within their powers, court resolutions on specific cases and other acts regulating activity of the courts;

3) courts - Constitutional court, the Supreme Court, the Supreme economic court, Military court, Court of the Gorno-Badakhshan Autonomous Region, courts of areas, the city of Dushanbe, cities and areas, Economic court of the Gorno-Badakhshan Autonomous Region, the economic courts of areas and the city of Dushanbe constituting system of judicial authority of the Republic of Tajikistan;

4) the user information - the physical person or legal entity requesting, obtaining and using information on activity of the courts according to the procedure, established by this Law;

5) court resolution - the order, the decision, sentence, determination and the resolution which are taken out in the Republic of Tajikistan established by the legislation to form according to the procedure of implementation of the constitutional, civil, family, economic, criminal and administrative trial.

Article 2. Coverage of this Law

1. Operation of this Law extends to the relations connected with ensuring access of users information on activity of the courts.

2. If the procedural legislation of the Republic of Tajikistan provides other procedure for provision of information, provisions of this Law will be applied taking into account this procedure.

Article 3. Legislation of the Republic of Tajikistan on information access on activity of the courts

The legislation of the Republic of Tajikistan on ensuring access to information on activity of the courts is based on the Constitution of the Republic of Tajikistan and consists of this Law and other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 4. The principles of information access about activity of the courts

The principles of information access about activity of the courts are:

1) legality;

2) openness and availability of information on activity of the courts, except as specified, established by the legislation of the Republic of Tajikistan;

3) accuracy of the information about activity of the courts;

4) freedom of search, obtaining and distribution of information on activity of the courts according to the procedure, established by the legislation of the Republic of Tajikistan;

5) observance of the rights of citizens to personal privacy, personal and family secret, protection of their honor, advantage and goodwill, trade secret, right of the organizations to protection of their goodwill;

6) observance of the rights and legitimate interests of participants of legal procedure by provision of information on activity of the courts;

7) zapreshchennost of intervention in activity of the courts in case of information request about activity of the courts.

Article 5. The restrictions connected with information access about activity of the courts

1. The information access about activity of the courts is limited if the specified information is carried to the data which are state or other, the secret protected by the law.

2. The list and procedure for reference of information on activity of the courts to data of limited access are established by the legislation of the Republic of Tajikistan.

Article 6. Methods of information access about activity of the courts

The information access about activity of the courts is provided by the following methods:

1) participation of citizens and representatives of the organizations in proceeding in open court;

2) the publication of information on activity of the courts through mass media;

3) the publication of information on activity of the courts on the websites of courts;

4) placement of information on activity of the courts in buildings of the courts;

5) submission of information on the activity of the courts which is in archives or acquaintance of users with it;

6) provision to the user information on its information request on activity of the courts;

7) in other ways which are not prohibited by the legislation of the Republic of Tajikistan.

Article 7. Forms of provision of information on activity of the courts

Information on activity of the courts is provided in oral, written, electronic and other forms which are not prohibited by the legislation of the Republic of Tajikistan.

Article 8. Rights and obligations of users information

1. The user information has the right:

1) to obtain information on activity of the courts;

2) not to prove need of receipt of required information on activity of the courts, access to which is not limited if the legislation of the Republic of Tajikistan does not provide other procedure.

2. The user information shall observe requirements of this Law and other laws of the Republic of Tajikistan.

Chapter 2. The organization of information access about activities of the courts and requirements in case of its implementation

Article 9. The organization of information access about activity of the courts

1. The organization of information access about activity of the courts is performed by courts within their competence taking into account requirements of this Law.

2. For the purpose of the organization of information access about activity of the courts the chairman of justices appoints the authorized person and determines its rights and obligations according to the procedure, established by the legislation of the Republic of Tajikistan.

Article 10. The organization of information access about activity of the courts through information and communication networks

Courts use information and communication networks for placement of information on the activities in which they create the websites with indication of e-mail addresses by which the inquiry can be sent.

Article 11. Requirements in case of information access about activity of the courts

Requirements in case of information access about activity of the courts are:

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