of January 5, 2008
2. In case of discrepancy of regulations of the civil procedural legislation to acknowledged international legal acts, regulations of the international legal acts are effective.
1. Civil legal procedure is performed according to the civil procedural laws existing during consideration and permission of civil case, making of separate legal proceedings or execution of court resolutions (orders, decisions, resolutions, determinations) and acts of other bodies.
2. In case of lack of the regulations of procedural law governing the disputable relations which arose in legal procedure, the court applies the provisions of the law governing the similar relations (analogy of the law), and in the absence of such regulations, basis of the principles of use of justice in the Republic of Tajikistan (analogy is right).
Tasks of civil legal procedure is the correct and timely consideration and permission of civil cases for the purpose of protection of the violated or disputed rights, freedoms and legitimate interests of citizens (physical persons), legal entities, and also the rights and legitimate interests of the Republic of Tajikistan, public authorities, local government bodies, other persons which are subjects of civil, employment, family, housing, land, ecological or other legal relationship. Civil legal procedure shall promote strengthening of justice, legality and law and order, the prevention of offenses, forming of respect for the right and court.
Each interested person has the right according to the procedure, established by the civil judicial and procedural legislation, to judicial protection of the violated or disputed rights, freedoms and legitimate interests.
1. The court initiates civil case based on the statement of person which addressed for protection of the rights, freedoms and legitimate interests.
2. In the cases provided by this Code, other laws, the civil case can be initiated based on the statement of person who is speaking out in defense on its own behalf of the violated or disputed rights, freedoms and legitimate interests of other persons participating in case in protection of the rights, freedoms and interests of the uncertain group of people, or in protection of interests of the Republic of Tajikistan.
Justice on civil cases is performed only by court according to the procedure, established by the civil judicial and procedural legislation.
Justice on civil cases is performed on the bases of equality of all before the law and court, irrespective of nationality, race, sex, language, religion, political and social position, education and property, and also all legal entities, irrespective of them organizationally - legal form, patterns of ownership, the location, subordination and other circumstances.
1. Civil cases in all Trial Courts are considered by the judge solely.
2. If by this Code the judge is granted the right to solely consider civil cases, or to make separate legal proceedings, the judge acts on behalf of court.
3. Civil cases in courts of cassation and supervising instances are considered by court jointly according to the procedure, established by this Code and the law.
1. When implementing justice, the judge are independent and submit only to the Constitution of the Republic of Tajikistan and the law.
2. When implementing justice any intervention in activities of judges is forbidden. According to the law, any intervention in activities of judges attracts responsibility.
3. Guarantees of independence of judges are established by the Constitution of the Republic of Tajikistan and the law.
1. Legal procedure on civil cases is conducted in state language or in language of the majority of the population.
2. The persons who are participating in case, not knowing state language, having the right to offer on legal procedure explanations and the conclusions, to act and make offers in the native language, and also to use translation service.
3. The physical persons and legal entities producing written and other proofs shall provide their transfer into language of civil legal procedure with confirmation of correctness of transfer in accordance with the established procedure.
1. Trial of case in all courts is open.
2. Trial on the cases containing the data which are the state secret and also on the another matters provided by the law is performed in the closed judicial sessions. Trial in the closed judicial sessions is allowed also in case of satisfaction of the petition of the person participating in case referring to need of preserving the commercial or protected by the law other secret, to personal privacy of citizens or to other circumstances which public discussion is capable to interfere with the correct consideration of the case or to entail disclosure of the mentioned secrets or violation of the rights and legitimate interests of citizens.
3. Personal correspondence and personal cable messages of citizens can be announced and researched in proceeding in open court only with the consent of persons between whom there were these correspondences and cable messages. Without the consent of these persons their personal correspondence and personal cable messages are disclosed and researched only in the closed judicial session. The specified rules are applied also in case of research audio-and the videos having personal character.
4. About trial of case in the closed judicial session the court takes out motivated determination.
5. At trial of case in the closed judicial session there are persons participating in case, their representatives, and in necessary cases, also witnesses, translators, court experts, specialists.
6. Case in the closed judicial session is considered and allowed with observance of all rules of civil legal procedure.
7. Persons participating in case, other persons participating in case and the citizens who are present at proceeding in open court have the right in writing to fix the course of legal proceedings. Use of means of photography, audio and video, broadcast of process of legal proceedings per radio and television is allowed only by court.
8. The decision appears publicly, except as specified, when public announcement of the decision affects the rights and legitimate interests of minor children, private life of citizens.
1. The court shall resolve cases based on the Constitution of the Republic of Tajikistan, of this Code, the laws of the Republic of Tajikistan, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan. The court resolves civil cases, according to requirements of business customs in the cases provided by regulatory legal acts.
2. If by court in case of permission of case it is determined that any regulatory legal act does not correspond to the regulatory legal act having big legal force applies regulations of the act having the greatest legal force.
3. In case of lack of the precepts of law governing the disputable relations, the court applies the provisions of the law governing the similar relations (analogy of the law), and in the absence of such regulations resolves case, on the basis of the general principles and analogy of the law (analogy is right).
1. Justice on civil cases is performed on the basis of competitiveness and equality of participants.
2. Court, keeping independence, objectivity and impartiality, performs management of process, explains to persons participating in case, their rights and obligation, warns about effects of making or not making of legal proceedings, renders them assistance in realization of their rights, creates conditions for comprehensive and complete investigation of proofs, establishments of the actual circumstances and the correct application of the laws in case of permission of civil cases.
1. The court adopts court resolutions in the form of orders, decisions, resolutions and determinations.
2. The court resolution which is taken out by Trial Court according to the statement for collection of sums of money or reclamation of personal estate from the debtor according to requirements, stipulated in Article 124 of this Code hereinafter is referred to as as the order.
3. The court resolution adopted by Trial Court in case of permission of case on being hereinafter is referred to as as the decision.
4. The court resolution adopted by courts of cassation and supervising instances by results of consideration of cassation and supervising claims and protests hereinafter are referred to as as resolutions.
5. All other court resolutions adopted during legal proceedings implementation hereinafter are referred to as as determinations.
1. The court resolutions which took legal effect are obligatory, without exception, for all public authorities, local government bodies, officials, physical persons and legal entities and are subject to strict execution in all territory of the Republic of Tajikistan.
2. Non-execution of court resolution, and is equal other disrespect for court attract the responsibility provided by the law.
3. Obligation of court resolutions does not deprive of the interested persons who were not participating in case, opportunity to take a legal action if their rights and legitimate interests are infringed by the adopted court resolution.
4. Obligation of acts of courts of foreign states, foreign Arbitration Courts (arbitration) in the territory of the Republic of Tajikistan are determined by the international legal acts recognized by Tajikistan.
1. Civil cases in all Trial Courts are considered by judges solely.
2. By individual hearing of cases the judge acts on behalf of court.
3. Hearing of cases in judicial boards of the relevant courts in cassation and supervising procedure is performed as a part of the chairman and two judges.
4. Hearing of cases in presidium of the relevant courts is performed according to the procedure, established by this Code and the law.
1. Directs judicial session presiding (judge).
2. All questions arising in case of trial of case on the first instance are solved the judge.
3. In case of joint trial of case all issues are resolved by judges by a majority vote, at the same time none of judges have no right to refrain from vote. The chairman votes the last.
4. The judge participating in case of joint trial of case and not concordant with the solution of the majority can state in writing the special opinion which is filed, but in courtroom is not disclosed.
1. The judge cannot consider case and is subject to branch in the following cases if:
- by the previous consideration of this case participated in quality of the prosecutor, representative of the witness, court expert, specialist, translator, court session secretary;
- is relative any of persons participating in case or their representative;
- personally, it is directly or indirectly interested in the outcome of the case, or there are other circumstances raising doubts in its objectivity and impartiality.
2. The faces consisting in relationship among themselves cannot enter into structure of the court considering case.
1. The judge who considered case in Trial Court cannot participate in consideration of this case in courts of cassation and supervising instances or in new trial of case in Trial Court after cancellation of the decision or determination based on which proceeedings are stopped.
2. The judge who was involved in consideration of the case in court of cassation instance cannot participate in consideration of this case in courts of the first and supervising instances, and or after cancellation of the decision of cassation instance in new trial of case in court of cassation instance.
3. The judge who was involved in consideration of the case in Supervisory Court cannot participate in consideration of this case in courts of the first and cassation instances.
1. The bases for branch specified in article 18 of this Code extend also to the prosecutor, the court clerk, the court expert, the specialist, the translator. The court expert or the specialist cannot be involved in consideration of the case in court if it is or was in job or other dependency from persons participating in case, their representatives.
2. Participation of the prosecutor, court session secretary, court expert, specialist, translator by the previous consideration of this case respectively as the prosecutor, the court session secretary, the court expert, the specialist, the translator, is not the basis for their branch.
1. In the presence of the circumstances specified in Articles 18-20 of this Code, the judge, the prosecutor, the court clerk, the court expert, the specialist, the translator shall declare rejection. On the same bases branch can be declared by persons participating in case.
2. Rejection or branch shall be motivated and declared prior to substantive prosecution. The statement of rejection or branch after the beginning of substantive prosecution is allowed only in cases when the basis for it became known to person declaring rejection or branch or court after the beginning of substantive prosecution.
3. The procedure for permission of the statement for rejection, branch and effects of its satisfaction is determined according to the procedure, provided by Articles 22 and 23 of this Code.
1. In case of the statement of branch by consideration of civil case in Trial Court - the judge, and by cassation consideration, court shall listen to opinion of persons participating in case and also to hear person to whom branch is declared.
2. When considering the case in Trial Court by the judge solely, the question of removal of the judge is resolved by the judge considering case.
3. When considering the case in court of cassation instance, the question of removal of the judge is resolved by other judges, for lack of taken away. In case of the equal number of votes of the judges given for branch and against branch, the judge is considered taken away. The statement for removal of several judges or to all structure of court, is allowed by the same court en banc by a majority vote.
4. The question of removal of the prosecutor, the court session secretary of the court expert, the specialist and the translator is allowed by the court considering case.
5. For permission of questions of branch and determination removal, the judge leaves in separate, and court, to the consultative room.
6. In case of dissatisfaction of the statement for branch by the judge or court legal proceedings continue in general procedure.
1. In case of removal of the judge, when considering the case in courts of the city, area, military court of garrison case is considered in the same court, but other judge, or transferred to other court of the city, area, military court of garrison if in courts of the city, area, military court of garrison where case is considered, replacement of the judge becomes impossible.
2. In case of removal of the judge or all structure of court when considering the case in the Supreme Court of the Republic of Tajikistan, court of the Gorno-Badakhshan Autonomous Region, court of area, court of the city of Dushanbe case is considered in the same court, but other judge or in other structure of court.
3. The case shall be submitted to the Supreme Court of the Republic of Tajikistan if in court of the Gorno-Badakhshan Autonomous Region, court of area, court of the city of Dushanbe after allowance of the application about branch or for the reasons specified in article 19 of this Code it is impossible to form new structure of court for consideration of this case.
1. Courts consider and permit:
- cases on claims of citizens and the organizations, public authorities and local government bodies on protection of the violated or disputed rights, freedoms and legitimate interests, on the disputes arising from civil, employment, family, ecological, housing, land and other legal relationship;
- cases on the requirements listed in Article 124 of this Code, permitted according to the procedure of mandative production;
- the cases following from the public relations, listed in article 249 of this Code;
- the cases of special proceeding listed in article 267 of this Code;
- cases on recognition and carrying out of decisions of the courts of foreign states and decisions of foreign Arbitration Courts;
- cases on issue of writs of execution on forced execution of decisions of foreign reference tribunals.
2. Judges consider and resolve case with participation of foreign citizens, stateless persons, the foreign organizations, organizations with foreign investments, the international organizations.
3. Judges consider and resolve the cases provided by parts 1 and 2 of this Article, except for the economic disputes and another matters carried by the law to maintaining economic courts.
4. In case of appeal to the court with the statement containing several requirements connected among themselves from which one are subordinated to court of law and others to economic court if separation of requirements is impossible, case is subject to consideration and permission in court of law. If separation of the requirement is possible, the judge takes out determination about adoption of the requirements subordinated to court of law and about refusal in adoption of the requirements subordinated to economic court.
By agreement of the parties, the dispute subordinated to court arising from civil legal relationship before adoption of the decision by Trial Court with which consideration of civil case in essence comes to an end can be submitted by the parties of reference tribunal if other is not established by the law.
Civil cases, cognizable to courts of the city and area, except for the cases provided by Articles 27, of 28, of the 29th of this Code are considered by courts of the city and area as Trial Court.
In the cases provided by the law, civil cases are considered by public vessels.
1. The court of the Gorno-Badakhshan Autonomous Region, court of area and court of the city of Dushanbe as Trial Court consider the cases referred by the law to their cognizance.
2. The court of the Gorno-Badakhshan Autonomous Region, courts of areas and court of the city of Dushanbe, in case of cancellation of judgments of courts of the cities and areas on specific case for the second time, accept this case in the production and consider as Trial Court.
1. The Supreme Court of the Republic of Tajikistan considers the cases referred by the law to their cognizance as Trial Court.
2. The Supreme Court of the Republic of Tajikistan, in case of cancellation of judgments and resolutions on specific case for the second time, accepts this case in the production and considers as Trial Court.
The claim is made in court at the place of residence of the defendant. The claim to the legal entity is made in court in the place of its stay.
1. The claim to the defendant whose residence is unknown, or not taking the residence in the Republic of Tajikistan can be shown also in court in the location of its property or in the last known place of his residence in the Republic of Tajikistan.
2. The claim to the legal entity can be made also in the location of its property. The claim to the legal entity following from activities of its branch or representation can be shown also in court in the location of branch or representation.
3. The recovery suit of the alimony and about paternity proof can be shown by the claimant also in court at the place of residence of the claimant.
4. The action of rescission of marriage with persons recognized in the procedure established by the law incapacitated owing to mental disturbance and also with persons condemned for crime execution to imprisonment for the term of over three years can be shown at the place of residence of the claimant. The action of rescission of scrap can be made in court at the place of residence of the claimant, also in cases when in case of it there are minor children or when for health reasons departure of the claimant to the residence of the defendant is difficult.
5. The compensatory action, caused by mutilation, other damage of health or the death of the supporter, can be shown by the claimant also in court in the place of his residence or in the place of damnification.
6. The claim for recovery of labor, pension and housing laws, return of property or its cost connected with indemnification, caused to the citizen by illegal condemnation, illegal criminal prosecution, illegal application as measure of restraint of detention, recognizance not to leave or illegal imposing of administrative punishment in the form of arrest or corrective works, it can be shown also in court at the place of residence of the claimant.
7. The claim for consumer protection can be made also in court at the place of residence of the claimant, or on detention center or agreement performances.
8. The claim following from the agreement in which the place of execution is specified can be shown also in court in the place of agreement performance.
9. The claim for indemnification, caused by collision of courts, collection of remuneration for assistance and rescuing at the sea can be shown also in court in the location of the vessel of the defendant or place of registration of the vessel.
10. The choice of court between several courts to which according to this Article jurisdictional case, belongs to the claimant, except for cognizance stipulated in Clause 32 of this Code. After adoption of the claim by court, the claimant loses option of court between several courts.
1. The claim for the rights to the parcels of land, subsoil plots, the isolated water objects, the woods, long-term plantings, buildings, constructions, other objects firmly connected with the earth and also for release of property from arrest, is shown in court in the location of these objects or distrained property.
2. The claim of creditors of the testator made before inheritance acceptance by heirs is jurisdictional to court in the place of opening of heritable property or its part.
3. The claim to carriers following from transportation agreements of loads is shown in court in the location of carrier to which complaint was in accordance with the established procedure made.
1. The claim to several defendants living or being in different places is shown in court at the place of residence or in the location of one of defendants in the choice of the claimant.
2. The counter action, irrespective of its cognizance is shown in court in the place of consideration of the original action.
3. The civil action following from criminal case if it was not declared or was not resolved by consideration of criminal case, is shown for consideration according to the procedure of civil legal proceedings by the rules of cognizance established by this Code.
1. The parties can according to the written agreement among themselves change territorial cognizance for this case before presentation of the claim in court.
2. The cognizance established by Articles 27, of 28, 29 and 32 of this Code cannot be changed by the agreement of the parties.
1. The case accepted by court to the production with observance of rules of cognizance shall be authorized to them in essence though further it became cognizable to other court.
2. The court submits case of other court in the following cases if:
- the defendant, the residence or the place finding of which was not earlier known, will declare the petition for case referral in court in the place of his residence or the place of its stay;
- both parties declared the petition on consideration of the case on the location of the majority of proofs;
- according to the petition of the defendant if when considering the case in this court came to light that it was accepted to production with cognizance abuse of regulations;
- after removal of one or several judges, or for other reasons replacement of judges or consideration of the case in this court becomes impossible, case referral in this case is performed by superior court.
3. In the cases provided by the paragraph third parts 2 of this Article, transfer of civil case from one court in another is not made if the defendant from the moment of the official invitation in court does not dispute question of cognizance of this civil case.
4. On the issue of case referral in other court or about refusal in case referral in other court determination about which the private complaint can be made by persons participating in case is taken out. Case referral from one court in another is made after term on private appeal of this determination, and in case of submission of the claim, after removal of determination about leaving without satisfaction of private appeal.
5. The case directed from one court to another shall be taken cognizance by court to which it is directed. Disputes on cognizance between courts of law are not allowed.
Persons participating in case are: the parties, the third parties, the prosecutor, persons who are taking a legal action behind protection of the rights, freedoms and legitimate interests of other persons or entering process for the purpose of making the conclusion on the bases provided by Articles 4, of 47, of the 48 and 49 of this Code, applicants and interested persons for special proceeding.
1. Persons participating in case have the right:
- get acquainted with case papers, make from them statements and copies;
- declare branches, produce the evidence and participate in their research;
- ask questions to other persons participating in case, to witnesses, court experts and specialists;
- declare petitions for reclamation of proofs;
- offer oral and written explanations for court, give the arguments on all questions arising during legal proceedings, object to petitions and arguments of other persons participating in case;
- appeal court resolutions and have other procedural law established by the legislation on civil legal procedure. They shall have honesty all procedural law provided for them.
2. Persons participating in case bear the procedural obligations established by this Code, other laws in case of which non-execution there come effects, stipulated by the legislation about civil legal procedure.
Civil standing in court and procedural obligations of the Party (civil standing in court) is recognized equally for all citizens and legal entities having according to the legislation of the Republic of Tajikistan rights to judicial protection of the rights, freedoms and legitimate interests.
1. Perform capability the actions procedural law, carry out procedural obligations and charge conducting case to the representative (civil procedural capacity to act) belongs in full to the citizens who reached eighteen-year age and legal entities.
2. The minor can personally perform the procedural law and carry out procedural obligations from the moment of marriage or recognition by its sui juris (emancipated).
3. The rights, freedoms and interests of minors protected by the law aged from fourteen up to eighteen years protect in the course of their legal representatives, however the court shall recruit in such cases of minors.
4. In the cases provided by the law on the cases arising from civil, family, employment, public and other legal relationship, minors aged from fourteen up to eighteen years personally protect the rights, freedoms and interests protected by the law in court. The court has the right to recruit in such cases of legal representatives of minors.
5. The rights, freedoms and interests of minors protected by the law, and also the citizens recognized as incapacitated protect in the course of their legal representatives: parents, adoptive parents, guardians, custodians or other persons to whom this right is granted by the law.
1. Expected and valid subjects of disputable material legal relationship can be the parties in civil process (the claimant or the defendant).
2. Person for the benefit of whom case is begun according to the statement of persons having under the law the right to appeal to the court behind protection of the rights, freedoms and legitimate interests of other persons is informed by court on the arisen process and participates in it as the claimant.
3. The parties have the equal procedural law and perform equal procedural duties.
1. The claim can be made jointly by several claimants or to several defendants (procedural partnership).
2. Procedural partnership is allowed if:
- matter in issue are common laws or obligations of several claimants or defendants;
- the rights or obligations of several claimants or defendants have one basis;
- matter in issue are the homogeneous rights and obligations.
3. Each of claimants or defendants in relation to other party acts in process independently. Accomplices can charge conducting case by one or several of accomplices.
1. If the court by preparation of case or during his trial in Trial Court determined that the claim is made not to that person who shall answer in the claim, can allow with the consent of the claimant replacement of the inadequate defendant proper if at the same time cognizance of this case does not change. After replacement of the inadequate defendant, preparation and consideration of the case is made from the very beginning if the proper defendant petitions for it.
2. If the claimant does not agree to replacement of the inadequate defendant with other person, the court considers case on the made claim.
1. According to the procedure, established by this Code, the claimant has the right to change the basis or subject of action, to increase or reduce the size of claims, or to refuse the claim, the defendant has the right to recognize the claim, the parties can end case by the voluntary settlement.
2. The court does not accept refusal of the claimant of the claim, recognition of the claim and does not approve the voluntary settlement of the parties if it contradicts the law, or violates the rights and legitimate interests of other persons.
3. In case of change of the basis or subject of action, increase or reduction of the size of claims, the current of term of the consideration of the case provided by this Code begins from the date of making of the corresponding legal proceeding.
1. The third parties declaring independent requirements regarding dispute can enter process before acceptance of court resolution on case by Trial Court.
2. The judge about recognition or about refusal in recognition as the third parties declaring independent requirements regarding dispute takes out determination. The private complaint can be made about this determination of the judge.
3. The third parties declaring independent requirements regarding dispute have all rights and perform all duties of the claimant.
1. The third parties who are not declaring independent requirements regarding dispute can enter process on the party of the claimant or defendant before acceptance of court resolution in case by Trial Court if the decision can affect their rights or obligations or in relation to one of the parties.
2. The third parties who are not declaring independent requirements regarding dispute file a lawsuit the written application according to Article 134 of this Code. Its copies according to the number of persons participating in case are attached to the statement of the third parties who are not declaring independent requirements regarding dispute.
3. The third parties who are not declaring independent requirements regarding dispute can be recruited in process also according to the written application of persons participating in case in which the basis of involvement of the third party shall be specified. Copies of the application are handed to the third party, and also other persons participating in case.
4. The third parties who are not declaring independent requirements have procedural law and perform procedural obligations of the Parties, except the right to change of the basis and subject of action, increase or reduction of the size of claims, abandonment of claim, recognition of the claim, the conclusion of the voluntary settlement, and also to presentation of the counter action and the requirement of forced execution of the court ruling.
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