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Ministry of Justice

Republic of Tajikistan 

 On August 1, 2014 No. 569

CONSTITUTIONAL LAW OF THE REPUBLIC OF TAJIKISTAN

of July 26, 2014 No. 1083

About the Constitutional court of the Republic of Tajikistan

(as amended on 23-12-2021)

This constitutional Law regulates procedure for education and activities of the Constitutional court of the Republic of Tajikistan, election, response and resignation of the judge of the Constitutional court of the Republic of Tajikistan, the constitutional legal proceedings, and also other relations connected with activities of the Constitutional court of the Republic of Tajikistan.

Chapter 1. General provisions

Article 1. Constitutional court of the Republic of Tajikistan

1. The constitutional court of the Republic of Tajikistan is independent judicial body on constitutional to supervision, founded for the purpose of ensuring supremacy and direct actions of regulations of the Constitution of the Republic of Tajikistan.

2. The constitutional court of the Republic of Tajikistan performs the constitutional justice according to the Constitution of the Republic of Tajikistan, this constitutional Law and other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 2. Legislation of the Republic of Tajikistan on the Constitutional court of the Republic of Tajikistan

The legislation of the Republic of Tajikistan on the Constitutional court of the Republic of Tajikistan is based on the Constitution of the Republic of Tajikistan and consists of this constitutional Law, other regulatory legal acts of the Republic of Tajikistan.

Article 3. Equality of all before the law and court

Justice is performed by the Constitutional court of the Republic of Tajikistan based on equality of all before the law and court, irrespective of nationality, race, floor, religion, political line item, social position, education and property.

Article 4. Equality of judges of the Constitutional court of the Republic of Tajikistan

Judges of the Constitutional court of the Republic of Tajikistan have the equal rights by hearing of cases.

Article 5. Procedure for hearing of cases in the Constitutional court of the Republic of Tajikistan

1. Hearing of cases, acceptance of court resolutions, consideration of questions of suspension of powers of judges of the Constitutional court of the Republic of Tajikistan and other questions provided by this constitutional Law is performed in the Constitutional court of the Republic of Tajikistan jointly as a part of at least two thirds of total number of judges.

2. Court acts of the Constitutional court of the Republic of Tajikistan are adopted by a majority vote the judges participating in judicial session.

Article 6. Limits of permission of case in the Constitutional court of the Republic of Tajikistan

1. The constitutional court of the Republic of Tajikistan determines and resolves only points of law.

2. If the Constitutional court of the Republic of Tajikistan considers that the regulatory legal act does not correspond to the Constitution of the Republic of Tajikistan, without being limited to limits of the petition and representation which addressed can cancel at the same time other regulatory legal acts adopted based on the regulatory legal act recognized unconstitutional, or repeating this act in accuracy, or containing the circumstances specified in the petition.

Chapter 2. Structure of the Constitutional court of the Republic of Tajikistan and procedure for its election

Article 7. Structure of the Constitutional court of the Republic of Tajikistan

1. The constitutional court of the Republic of Tajikistan consists of 7 judges, one of whom is the representative of the Gorno-Badakhshan Autonomous Region.

2. The constitutional court of the Republic of Tajikistan has the right to start the activities on condition of election at least two thirds of its structure.

3. The chairman and the vice-chairman are judges of the Constitutional court of the Republic of Tajikistan and perform the powers according to the procedure, established by this constitutional Law and the Regulations of the Constitutional court of the Republic of Tajikistan.

Article 8. Procedure for election of the Chairman, vice-chairman and judges of the Constitutional court of the Republic of Tajikistan and requirements imposed to them

1. The chairman, the vice-chairman and judges of the Constitutional court of the Republic of Tajikistan are elected by Majlisi milli of Majlisi Oli of the Republic of Tajikistan on representation of the President of the Republic of Tajikistan.

2. Person having only citizenship of the Republic of Tajikistan, the higher legal education aged is elected to judgeship of the Constitutional court of the Republic of Tajikistan 30 years and professional length of service of at least 7 years are not younger. The age limit of stay on judgeship of the Constitutional court of the Republic of Tajikistan makes for men 63 and for women of 58 years.

3. The judge of the Constitutional court of the Republic of Tajikistan shall know state language.

4. The judge of the Constitutional court of the Republic of Tajikistan shall observe the Constitution of the Republic of Tajikistan, this constitutional Law and other regulatory legal acts of the Republic of Tajikistan, make use of the knowledge and experience for accomplishment of the tasks assigned to it, to perform the powers at the professional level and to be worthy ranks of the judge of the Constitutional court of the Republic of Tajikistan.

5. The judge of the Constitutional court of the Republic of Tajikistan in case of accomplishment of office functions and out of service shall refrain from making of acts which can belittle authority of judicial authority, honor and advantage of the judge or to raise doubts in his impartiality, justice and objectivity.

Article 9. Term of office of judges of the Constitutional court of the Republic of Tajikistan

1. The judge of the Constitutional court of the Republic of Tajikistan is elected for a period of 10 years.

2. If the term of office of the judge of the Constitutional court of the Republic of Tajikistan expires during consideration of the case with its participation, then its powers remain before the end of consideration of this case.

Article 10. Oath of the judge of the Constitutional court of the Republic of Tajikistan

Person for the first time elected to judgeship of the Constitutional court of the Republic of Tajikistan after election adopts the oath of the following content at the session of Majlisi milli of Majlisi Oli of the Republic of Tajikistan: "I solemnly swear that with honor and I will honesty carry out the obligations assigned to me, to sacredly observe and protect the Constitution of the Republic of Tajikistan, to submit at the same time only to it".

Chapter 3. Legal status of judges of the Constitutional court of the Republic of Tajikistan

Article 11. Independence of judges of the Constitutional court of the Republic of Tajikistan

1. Judges of the Constitutional court of the Republic of Tajikistan in case of accomplishment of the obligations and hearing of cases are independent and submit only to the Constitution of the Republic of Tajikistan, this constitutional Law and other legal acts of the Republic of Tajikistan. They estimate proofs on the internal belief.

2. Intervention in activities of judges, and also impact on them in any form for the purpose of hindrance of their procedural activities, is not allowed.

3. The judge of the Constitutional court of the Republic of Tajikistan having no right before completion of consideration of the case and adoption of the relevant decision to express opinion on compliance or discrepancy of the Constitution of the Republic of Tajikistan of the law, other regulatory legal act or the leading explanations of plenums of the Supreme Court and the Supreme economic court of the Republic of Tajikistan to express opinion or to give consultations on considered in the Constitutional Court of the Republic of Tajikistan to question, also has the right to require nobody from the judge of the Constitutional court of making of such actions.

4. The judge of the Constitutional court of the Republic of Tajikistan cannot carry out other obligations in addition to scientific, creative and pedagogical activities, to be the deputy of representative bodies, the member of political parties and organizations, to carry on business.

5. Deprivation of the judge of the Constitutional court of the Republic of Tajikistan of powers, restriction in powers, response from position, is forbidden, except as specified, provided by the Constitution of the Republic of Tajikistan and this constitutional Law.

6. The constitutional court of the Republic of Tajikistan and his judge in the activities for questions of the constitutional legal proceedings (further legal proceedings) are not accountable to any person or body.

Article 12. Immunity of the judge of the Constitutional court of the Republic of Tajikistan

1. The judge of the Constitutional court of the Republic of Tajikistan has immunity rights.

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