RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF TAJIKISTAN

of April 8, 1997

On case "About determination of compliance of the Constitution of the Republic of Tajikistan of parts two and the third article of the Law of the Republic of Tajikistan "About elections to Majlisi Oli of the Republic of Tajikistan" of December 1, 1994 No. 1088 and parts two and third article 26 of the Law of the Republic of Tajikistan "About elections of deputies to local Majlises of People's Deputies" of December 1, 1994 No. 1090"

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 Mirzoshoyeva S.,

with participation of the parties: - The chairman of Committee on precious metals and gemstones under the Government of the Republic of Tajikistan, the deputy of Majlisi Oli of the Republic of Tajikistan Hayrulloyev S. and Saidov Emom - the representative of the deputy in Majlisi Oli of the Republic of Tajikistan, the Chairman of the Tax Committee under the Government of the Republic of Tajikistan Kuvvatov S. - the party on which representation the constitutional legal proceedings are initiated.

The plenipotentiary of Majlisi Oli of the Republic of Tajikistan in the Constitutional court of the Republic of Tajikistan Berdiyev N. and Nabotov M. G. - the plenipotentiary of the President and the Government of the Republic of Tajikistan in the Constitutional court of the Republic Tadzhikistanstorona concerning which act the constitutional legal proceedings are initiated.

ESTABLISHED:

Deputies of Majlisi Oli of the Republic of Tajikistan Kuvvatov S. and Hayrulloyev S. appealed to the Constitutional court of the Republic of Tajikistan and in the representations specify that because they at the same time are Chairmen of committees under the Government of the Republic of Tajikistan of Majlisi Oli of the Republic of Tajikistan based on the requirement of part two of article 23 of the Law of the Republic of Tajikistan "About elections to Majlisi Oli of the Republic of Tajikistan", shown to candidates for People's Deputies of the Republic of Tajikistan, wants to withdraw from their powers ahead of schedule. In part two of the above-named Article it is specified that members of the government, judges, the Attorney-General and prosecutors, heads of the ministries, State Committees, departments, their deputies, and also heads and officials of banks at the same time cannot be People's Deputies in Majlisi Oli and are registered candidates for People's Deputies for Majlisi Oli on condition of submission by them of the statement for release from post in case of election as People's Deputies. They consider that the requirement of the above-named legal document regarding the fact that "deputy managers of the ministries and State Committees, heads of departments and their deputies, and also heads and officials of banks at the same time cannot be People's Deputies in Majlisi Oli", does not correspond to the Constitution of the Republic of Tajikistan because according to Articles 68, of 73, 90 and 97 Constitutions are the requirement treats only the President of the Republic of Tajikistan, members of the government whose part the Prime Minister, the First Deputy Prime Minister and his deputies, ministers and chairmen of the State Committees are, and also treats judges, the Attorney-General and prosecutors. Chairmen of committees under the Government are not members of the government and they are not forbidden to be deputies.

The constitution does not prohibit to elect People's Deputies of representatives of other organizations, organizations and companies. Therefore deputies of Majlisi Oli ask to determine the Constitutional court of the Republic of Tajikistan corresponds or there does not correspond to the Constitution of the Republic of Tajikistan the part two of article 23 of the called Law.

The chairman of the Constitutional court of the Republic of Tajikistan appealed with idea to the Constitutional court of determination of compliance of part three of article 23 of the Law of the Republic of Tajikistan "About elections to Majlisi Oli of the Republic of Tajikistan" and part two and third article 26 of the Law of the Republic of Tajikistan "About elections of deputies to local Majlises of People's Deputies" in judicial session of the Constitutional court in the representation regarding compliance of the Constitution of part three of Article 23 and parts two and third article 26 of the above-named Laws refrained, and in other part of these Articles supports him.

The chairman of the Constitutional court in the idea of determination of compliance of the Constitution of part two of article 26 of the Law of the Republic of Tajikistan "About elections to local Majlises of People's Deputies" specifies that the requirement of part two of article 26 of the called Law for deputy managers of the ministries, heads of departments and their deputies, heads of the relevant executive authorities that at the same time can be People's Deputies of local Majlises corresponds to the Constitution because in Articles 68, of 73, 90 and 97 Constitutions these requirements are imposed only to the President of the Republic of Tajikistan, members of the government, judges, the Attorney-General and prosecutors. Constitutional court, discussing case on refusal regarding the requirements of the Chairman of the Constitutional court, having heard opinion of the parties, accepting its refusal, considered necessary in this part to dismiss the case, and regarding the proposal of deputies of Majlisi Oli of the Republic of Tajikistan on determination of compliance of the Constitution of the Republic of Tajikistan parts two of article 23 of the Law of the Republic of Tajikistan "About elections to Majlisi Oli of the Republic of Tajikistan" and regarding idea of the Chairman of the Constitutional court of the Republic of Tajikistan of determination of compliance of the Constitution of the Republic of Tajikistan of part two of article 26 of the Law of the Republic of Tajikistan "About elections of deputies to local Majlises of People's Deputies", decided to discuss in proceeding in open court of the Constitutional court.

The addressed party - the deputy of Majlisi Oli Hayrullayev S. and the representative of the deputy of Majlisi Oli Kuvvatov S. - Saidov E. in judicial session supported the requirements.

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