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Ministry of Justice

Republic of Tajikistan 

On August 1, 2014 No. 570

CONSTITUTIONAL LAW OF THE REPUBLIC OF TAJIKISTAN

of July 26, 2014 No. 1084

About courts of the Republic of Tajikistan

(as amended on 20-04-2021)

This constitutional Law establishes the legal basis of the organization and activity of the courts, procedure for election, appointment, response and release of judges and governs other relations concerning organization-legal activities of judicial authorities and judges.

Chapter 1. General provisions

Article 1. Legislation of the Republic of Tajikistan on courts of the Republic of Tajikistan

The legislation of the Republic of Tajikistan on courts 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, and also the international legal acts recognized by Tajikistan.

Article 2. Judicial authority

1. Judicial authority is independent and is performed on behalf of the state by judges.

2. Judicial authority in the Republic of Tajikistan is performed only by courts on behalf of judges and involved in the procedure established by the legislation of the Republic of Tajikistan in implementation of justice of jurymen. No other bodies and persons have the right to justice implementation.

3. Judicial authority performs the activities by means of the constitutional, civil, family, economic, criminal and administrative trial.

4. The procedure for hearing of cases by courts is determined by the procedural legislation of the Republic of Tajikistan.

Article 3. System of judicial authority of the Republic of Tajikistan

1. The system of judicial authority of the Republic of Tajikistan is constituted by the 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, economic courts of areas and the city of Dushanbe.

2. The procedure for the organization and activities of the Constitutional court of the Republic of Tajikistan is determined by the constitutional Law of the Republic of Tajikistan "About the Constitutional court of the Republic of Tajikistan".

3. The organization of the emergency courts and courts which are not provided by this constitutional Law is forbidden.

Article 4. Tasks of court

1. Judicial authority in the Republic of Tajikistan protects the rights and freedoms of man and citizen, interests of the state, the organizations, organizations, legality and justice proclaimed the Constitution of the Republic of Tajikistan and other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

2. Task of court in the Republic of Tajikistan is every possible strengthening of legality and ensuring social justice.

Article 5. Principles of judicial activities

1. In the Republic of Tajikistan justice is performed only by courts.

2. Judicial protection is guaranteed to everyone. Everyone has the right to require that its case was considered by the competent, independent and just trial founded according to the law.

3. All are equal before the law and court. The state guarantees the rights and freedoms of everyone, irrespective of his nationality, race, floor, language, religion, political line items, social position, education and property.

4. The trial of cases in all courts opened, except as specified, stipulated by the legislation the Republic of Tajikistan.

5. Legal procedure is performed on the basis of the principle of competitiveness and equality of the parties.

Article 6. Responsibility for disrespect for court

Disrespect for court, and is equal making of the actions testimonial of explicit neglect to court, attract responsibility according to the legislation of the Republic of Tajikistan.

Article 7. Inadmissibility of intervention in activities of court

1. Intervention in activities of court is forbidden. Intervention in activities of court in any form for the purpose of hindrance to implementation of justice attracts responsibility according to the legislation of the Republic of Tajikistan.

2. Mass media and journalists have no right to submit in the information for discussion the preliminary result of legal procedure on specific case on which resolution did not take legal effect.

3. The judge shall not offer any explanations (information, messages) on the substance of considered or being under hearing of cases to any body or the official, and also to represent them to somebody for acquaintance, except as specified and about, stipulated by the legislation the Republic of Tajikistan.

Article 8. Independence of judges

1. Judges in the activities are independent and submit only to the Constitution of the Republic of Tajikistan and the law.

2. Independence of the judge is provided:

- special procedure for its election, appointment, release and response;

- immunity of the judge;

- justice implementation according to the procedure, established by the legislation of the Republic of Tajikistan;

- prohibition under the threat of whose responsibility that was interventions in activities of the judge for justice implementation;

- responsibility for disrespect for court, judge;

- judge's right to resignation, transfer into other work, dismissal at own will, retirement or response of the judge;

- creation of organizational and material conditions for activity of the courts;

- provision to the judge at the expense of the state of the material and social security corresponding to its status.

3. Guarantees of independence of judges, including the measures of their legal protection, material and social security established by the Constitution of the Republic of Tajikistan, this constitutional Law and other regulatory legal acts of the Republic of Tajikistan extend to all judges of the Republic of Tajikistan.

Article 9. Safety of judges

1. Judges, members of their families and their property are under special protection of the state.

2. Protection of buildings and property of courts, and if necessary, according to the statement of the judge or members of his family, protection of the judge and members of his family, their housing and property, is assigned to law-enforcement bodies and performed gratuitously.

3. The judge has the right to carrying, storage and use of office weapon which procedure is determined by the legislation of the Republic of Tajikistan.

Article 10. Immunity of the judge

1. The judge has immunity rights.

2. Immunity of the judge extends to his life, honor and advantage, the dwelling and the office used by him automobiles and bonds, and also to its correspondence, things and documents belonging to him.

3. Criminal cases and proceedings on administrative offenses are initiated against the judge only by the Attorney-General of the Republic of Tajikistan. Production of preliminary inquiry on criminal case and proceeedings about administrative offense is performed according to the procedure, established by the legislation of the Republic of Tajikistan. Criminal cases and cases on administrative offenses concerning the judge are considered by the Supreme Court of the Republic of Tajikistan.

4. Attraction to the criminal or administrative responsibility, detention or house arrest of the judge of the Supreme Court and the Supreme economic court of the Republic of Tajikistan without the consent of Majlisi milli of Majlisi Oli of the Republic of Tajikistan is forbidden.

5. Criminal prosecution, detention or house arrest of the judge of Court of the Gorno-Badakhshan Autonomous Region, courts of areas, court of the city of Dushanbe, public vessels of garrisons, courts of the cities and areas, Economic court of the Gorno-Badakhshan Autonomous Region, economic courts of areas, the city of Dushanbe without the consent of the President of the Republic of Tajikistan is forbidden.

6. Measures for procedural coercion in the form of the conclusion of the judge into custody, house arrest, temporary discharge from position, survey, search of its housing and office office, seizure of property, listening and record of telephone and other negotiations, arrest of correspondence, survey and their dredging, search, dredging of the objects and documents containing information on deposits and accounts in banks arrest of the money which is on accounts and in deposits or stored in banks and credit institutions are made at the request of the prosecutor or the investigator with the consent of the Attorney-General of the Republic of Tajikistan and the sanction of the Supreme Court of the Republic of Tajikistan.

7. Detention, the forced drive, personal search of the judge, survey of property, the vehicles and means of communication used by it is allowed only during his detention in case of crime execution, and in other cases, are made only on the brought criminal case concerning the judge according to the procedure, established by the legislation of the Republic of Tajikistan.

Article 11. Obligation of execution of court resolutions

1. The order, the decision, sentence, determination and the resolution accepted by courts, judges and taken legal effect, are obligatory for all state bodies, self-government institutions of settlements and villages, public organizations, officials, physical persons and legal entities and are subject to strict execution in all territory of the Republic of Tajikistan.

2. The court which adopted court resolution controls its execution.

3. The procedure for execution of court resolutions is determined by the legislation of the Republic of Tajikistan.

4. Non-execution or hindrance to execution of the court resolutions which took legal effect involves responsibility according to the procedure, stipulated by the legislation the Republic of Tajikistan.

Chapter 2. Election, appointment, response and release of the judge

Article 12. Requirements to candidates for judgeship

1. On judgeship of the Supreme Court, the Supreme economic court, Court of the Gorno-Badakhshan Autonomous Region, courts of areas and the city of Dushanbe person is chosen or designated, 30 years having only citizenship of the Republic of Tajikistan, the higher legal education which is knowing state language, and having length of service as the judge at least 5 years are not younger.

2. On judgeship of courts of the cities and areas, public vessels of garrisons, Economic court of the Gorno-Badakhshan Autonomous Region, economic courts of areas and the city of Dushanbe person having only citizenship of the Republic of Tajikistan is designated 25 years, the higher legal education which is knowing state language, underwent obligatory compulsory military service (except for are not younger than women, and also the men having military IDs, except persons passing military service as a part of mobilization draft reserve) and having professional length of service at least 3 years.

3. Age limit of continuance in office of the judge for women - 58, and for men - 63 years.

4. The candidate for judgeship of military court shall meet also the requirements of the Law of the Republic of Tajikistan "About general conscription and military service".

Article 13. Judges

1. Judges are persons allocated with competence on justice implementation according to the Constitution of the Republic of Tajikistan, this constitutional Law and other regulatory legal acts of the Republic of Tajikistan.

2. Chairmen, first deputies and deputy chairmen of the courts are judges and perform the powers according to the procedure, established by this constitutional Law, Procedure Codes and other regulatory legal acts of the Republic of Tajikistan.

3. All judges in the Republic of Tajikistan have the single status and differ from each other only with the powers and competence.

4. Legal requirements of judges when implementing of powers by them, are obligatory for all state bodies, self-government institutions of settlements and villages, public organizations, officials, physical persons and legal entities. Information, documents and their copies necessary for justice implementation are represented upon the demand of the judge gratuitously.

5. Non-execution of legal requirements of the judge attracts responsibility according to provisions of the legislation of the Republic of Tajikistan.

Article 14. Requirements imposed to the judge

1. The judge shall observe the Constitution of the Republic of Tajikistan 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 the judge's ranks.

2. The judge, when implementing justice, and also in the off-duty relations, shall avoid everything that could belittle authority of judicial authority, honor and advantage of the judge or to raise doubts in his impartiality, justice and objectivity.

3. The judge shall observe the restrictions provided by the Law of the Republic of Tajikistan "About anti-corruption". The judge in case of appointment (election) and stay to positions shall represent annually declarations on the income and the property status according to the procedure established by the legislation of the Republic of Tajikistan. The provided data are not disclosed, except for the circumstances established by regulatory legal acts of the Republic of Tajikistan.

4. The judge cannot hold other position, to be the deputy of representative bodies, the member of political parties and organizations or to financially support them, to be engaged in business activity, in addition to occupation in scientific, creative and teaching activities.

5. The judge has no right:

- make public statements and comments on the substance of cases to the introduction in legal force of the court resolutions adopted on them;

- receive the gifts connected with execution of service duties by it. The gifts received by the judge in connection with hospitality events on official journeys and other official actions, are brought by him under the act to trial in which it performs activities;

- disclose information obtained in case of execution of the obligations. The confidential information which became to the famous judge owing to fulfillment of duties cannot be used by it or is divulged to other person for the purpose of, not connected with fulfillment of duties of the judge.

6. The judge of times in two years is covered by advanced training and after its termination to it the certificate of the established form is issued.

Article 15. Term of office of judges

1. Judges are chosen or appointed for a period of 10 years.

2. During the electing or appointment of the judge in the period of its powers from one court in other, ten-year time of its powers it is estimated from the date of new election or appointment.

Article 16. Election and appointment of the judge

1. Judges of the Supreme Court and the Supreme economic 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. Judges of Court of the Gorno-Badakhshan Autonomous Region, courts of areas, the city of Dushanbe, public vessels of garrisons, courts of the cities and areas on representation of the Chairman of the Supreme Court of the Republic of Tajikistan, the judge of Economic court of the Gorno-Badakhshan Autonomous Region, economic courts of areas and the city of Dushanbe are appointed the President of the Republic of Tajikistan on representation of the Chairman of the Supreme economic Court of the Republic of Tajikistan.

Article 17. Oath of the judge

1. Person for the first time appointed to judgeship, in a festive atmosphere, at meeting of judges takes the following oath: "Solemnly I swear to fulfill the duties with honor, without prejudice, honesty and objectively, to perform justice, submitting only to the Constitution of the Republic of Tajikistan and the law. For violation of the oath I consider myself responsible before society and the state.".

2. During the ceremony of adoption of the oath by the judge National flag of the Republic of Tajikistan and the State Emblem of the Republic of Tajikistan are exposed.

3. The judge takes the oath standing, having put the right hand on the Constitution of the Republic of Tajikistan. After adoption of the oath the judge approves by the personal signature the text of the oath and writes down day of its acceptance. The text of the oath will be stored in the personal record of the judge.

Article 18. Response and release of the judge

1. The response and release of the judge are performed in cases:

- satisfactions of the written application of the judge about resignation;

- at own will judges;

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