RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF TAJIKISTAN

of October 2, 1997

On case "About determination of compliance of the Constitution of the Republic of Tajikistan parts two of article 59 of the Constitutional Law of the Republic of Tajikistan "About Majlisi Oli of the Republic of Tajikistan"

Constitutional court of the Republic of Tajikistan as a part of the Chairman of the Constitutional court of the Republic of Tajikistan Abdullaev F. A., secretary of the Constitutional court of the Republic of Tajikistan Nazarov M. N., judges of the Constitutional court of Abdullaev A. A., Safarova N. D., Mukbilshoyev B. M., Emomov N. E.,

with participation of the court clerk of the Constitutional court Lakayeva M.,

parties: the plenipotentiary of Majlisi Oli of the Republic of Tajikistan - the senior adviser of Majlisi Oly Committee on the legislation and human rights Berdyev N. B.,

ESTABLISHED:

On June 24, 1997 at meeting of the Constitutional court representation of the Chairman of the Constitutional court for determination and research of compliance of part two of article 59 of the constitutional Law of the Republic of Tajikistan "About Majlisi Oli of the Republic of Tajikistan" is considered and the Constitutional legal proceedings were initiated.

The plenipotentiary of Majlisi Oli Berdiyev N. V. submitted the reasons on the specified question in writing and confirming them on judicial session, explained that he validly the second articles 59 and 71 of the constitutional Law of the Republic of Tajikistan "About Majlisi Oli of the Republic of Tajikistan" unreasonably expanded with parts those precepts of law which contain in article 61 of the Constitution of the Republic of Tajikistan.

In part two of article 59 of the above-named law it is specified: "The laws and resolutions of Majlisi Oli are considered accepted provided that the majority from total number of People's Deputies voted for them if other is not provided by the Constitution, this Constitutional Law".

In this precept of law of the word "if other is not provided by this constitutional Law" go beyond the precept of law which is stipulated in Article 61 Constitutions of the Republic of Tajikistan and by that contradict the article of the Constitution.

The representative of Majlisi Oli in the conclusion emphasizes further that in part two of article 71 of the constitutional Law of the Republic of Tajikistan "About Majlisi Oli of the Republic of Tajikistan" the poll of People's Deputies by means of whom the Laws and Resolutions of Majlisi Oli are adopted is changed contrary to article 61 of the Constitution.

The research of case papers in legal proceedings of the Constitutional court showed that by article 61 of the Constitution of the Republic of Tajikistan it is determined that the laws and resolutions of Majlisi Oli are accepted by a majority vote from total number of People's Deputies.

The constitutional Laws and some other questions which are specified in the Constitution are accepted and permitted, at least than two thirds of voices of total number of People's Deputies. However, the following legal amendments which are not provided by the Constitution are added to contradiction of this constitutional requirement in part two of article 59 of the constitutional Law of the Republic of Tajikistan "About Majlisi Oli of the Republic of Tajikistan": "if other is not provided by this Constitutional Law".

These unconstitutional amendments allowed to establish the following in Article of 71 aforesaid of the constitutional Law that the Chairman of Majlisi Oli can be ahead of schedule recalled according to the decision of Majlisi Oli made by at least than two thirds of People's Deputies secret vote.

Article 53 of the Constitution of the Republic of Tajikistan provides that the Chairman of Majlisi Oli is elected by secret vote by the majority from total number of People's Deputies.

According to article 61 of the Constitution of the Republic of Tajikistan in this case the Resolution of Majlisi Oli is accepted by a majority vote from total number of People's Deputies.

From this recognizes that the Resolution of Majlisi Oli in case of response of the Chairman of Majlisi Oli is accepted also according to requirements of the called article of the Constitution of the Republic of Tajikistan, namely by a majority vote from total number of People's Deputies as other permission of the matter is not provided in the Constitution.

Therefore in part two of article 59 of the constitutional Law of the Republic of Tajikistan "About Majlisi Oli of the Republic of Tajikistan" word "this constitutional Law" and in part two of Article 71 of the word pledged the constitutional Law "at least than two thirds" are unconstitutional.

DECIDES:

1. In part two of article 59 of the Constitutional Law of the Republic of Tajikistan "About Majlisi Oli of the Republic of Tajikistan" word "as this constitutional Law" and in part two of Article 71 of the word pledged the constitutional Law "at least than two thirds" to recognize not corresponding to the Constitution of the Republic of Tajikistan and invalid.

2. This Resolution becomes effective from the date of its acceptance and is not subject to appeal.

3. The resolution is published in "Akhbori by Majlisi Oli of the Republic of Tajikistan", the Sadoi Mardum, Dzhumkhuriyat, Narodnaya gazeta and Halk ovozi newspapers.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info