PRESIDENTIAL DECREE OF THE REPUBLIC OF TAJIKISTAN

of September 28, 2012 No. 1355

About the Provision of Council of justice of the Republic of Tajikistan

According to article 69 of the Constitution of the Republic of Tajikistan I decide:

1. Approve the Provision of Council of justice of the Republic of Tajikistan it (is applied).

2. Declare invalid:

- Item 2 of the Presidential decree of the Republic of Tajikistan of December 14, 1999, No. 48 "About creation of Council of justice of the Republic of Tajikistan";

- Item 2 of the Presidential decree of the Republic of Tajikistan of March 14, 2003, No. 1033 "About modification and amendments in the Presidential decree of the Republic of Tajikistan of December 14, 1999, No. 48 "About creation of Council of justice of the Republic of Tajikistan".

Approved by the Presidential decree of the Republic of Tajikistan of September 28, 2012 No. 1355

Provision of Council of justice of the Republic of Tajikistan

1. General provisions

1. Council of justice of the Republic of Tajikistan (further - Council of justice) is collegiate organ and is created by the Presidential decree of the Republic of Tajikistan.

2. The legal basis of activities of Council of justice is constituted by the Constitution of the Republic of Tajikistan, regulatory legal acts of the Republic of Tajikistan, this Provision, and also the international legal acts recognized by Tajikistan.

3. The structure and structure of Council of justice is determined by the President of the Republic of Tajikistan.

4. Council of justice - performs the activities in interaction with other public authorities and the organizations, irrespective of their form of business.

2. Powers

5. Council of justice when implementing the obligations, carries out the following tasks:

- represents offers on enhancement of judicial system of law;

- provides organizationally - financial and material activities of the courts;

- prepares candidates for judgeship and trainees judges;

- organizes enhancement of qualification of judges, trainees of judges and workers of the office of courts;

- brings in accordance with the established procedure to the President of the Republic of Tajikistan idea of appointment and release of chairmen, first deputies, vice-chairmen and 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, Economic court of the Gorno-Badakhshan Autonomous Region, economic courts of areas and the city of Dushanbe;

- makes the offer to the President of the Republic of Tajikistan about creation of courts for submission to Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan according to established by the legislation procedure;

- makes to the President of the Republic of Tajikistan offers on structures of courts, the number of judges, jurymen of courts and the number of workers of the office of courts;

- makes the offer to the President of the Republic of Tajikistan about rewarding of judges and award of class ranks to them;

- creates examination committee of Council of justice and approves their structure according to established procedure;

- develops the Provision of examination committee of Council of justice and submits it to the President of the Republic of Tajikistan for approval; approves the instruction of clerical work of courts;

- approves regulations of Council of justice;

- carries out other powers established by this Provision and regulatory legal acts.

6. Council of justice with I aim realization of the activities has the right:

- in accordance with the established procedure for the solution of the appropriate questions concerning of the activities to address to state bodies, and to obtain necessary information;

- receive from judges and the subordinated structures the statistical and analytical information concerning their activities;

- within the competences for the solution of questions to create the commissions, vedomostvenny and interdepartmental working groups;

- exercise supervision for activities of the subordinated structures;

- hold working meetings and meetings, seminars, conferences and other necessary actions;

- has other rights which are provided by this Provision and normative legal to acts.

3. Organization of activities of Council of justice

7. The structure of Council of justice consists of 7 people and enter it:

- Chairman of the board of justice of the Republic of Tajikistan;

- First Deputy Chairman of the board of justice of the Republic of Tajikistan;

- the vice-chairman is the Secretary of Council of justice of the Republic of Tajikistan;

- chairman of the Supreme Court of the Republic of Tajikistan;

- The special advisor to the president of the Republic of Tajikistan on personnel problems;

- representative of Majlisi milli of Majlisi Oli of the Republic of Tajikistan;

- representative of Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan.

8. The structure of Council of justice, except for the Chairman and his deputies are performed by the powers on public basis.

9. Activities of Council of justice are performed on the basis of the meetings convened once in three months. In necessary cases the emergency meeting is convened.

10. The meeting of Council of justice is considered authorized if at it there are at least two thirds of part of its structure.

11. Council of justice makes decisions, for implementation of the powers and they are considered accepted if two thirds from total number of its structure will vote for them.

12. The chairman of the board of justice, the First Deputy Chairman and the vice-chairman - the Secretary of Council of justice are appointed to position and dismissed by the President of the Republic of Tajikistan.

13. Chairman of the board of justice:

- within the competences issues orders and orders, signs in-house documents;

- distributes job responsibilities between vice-chairmen of Council of justice;;

- directs activities of Council of justice and its structural divisions, provides their organizational activities;

- in accordance with the established procedure submits for consideration of the President of the Republic of Tajikistan and the Government of the Republic of Tajikistan projects of regulatory legal acts concerning concerning Council of justice;

- holds meetings of Council of justice and directs it;

- in the procedure established by the legislation and within the competences establishes relation with legal entities of the Republic of Tajikistan and foreign states, and also with the international organizations;

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