It is registered
Ministry of Justice
Republic of Tajikistan
On January 7, 2015 No. 3
of January 5, 2015 No. 327
About the Program of judicial and legal reform in the Republic of Tajikistan for 2015-2017
According to article 69 of the Constitution of the Republic of Tajikistan, for the purpose of further strengthening of judicial authority in the Republic of Tajikistan, I decide:
1. Approve the Program of judicial and legal reform in the Republic of Tajikistan for 2015-2017 it (is applied).
2. Execution of this Program to assign to the Supreme Court of the Republic of Tajikistan, the Supreme Economic court of the Republic of Tajikistan, the Ministry of Justice of the Republic of Tajikistan and other relevant state bodies of the Republic of Tajikistan.
3. Control of execution of this Program to assign to the Special advisor to the president of the Republic of Tajikistan according to legal issues.
President of the Republic of Tajikistan
Emomalii Rahmon
Approved by the Presidential decree of the Republic of Tajikistan of January 5, 2015 No. 327
The program of judicial and legal reform in the Republic of Tajikistan for 2015-2017 (further - the Program) is continuation of judicial and legal reform in the Republic of Tajikistan and is developed on the basis of the President's letter of the Republic of Tajikistan by Majlisi Oli of the Republic of Tajikistan of April 23, 2014.
Main objective of judicial and legal reform is further strengthening of judicial authority, simplification of the course of legal procedure, increase in role of court in protection of rights and freedoms of man and citizen, protection of interests of the state, the organizations, law enforcement and justice and on this basis enhancement of activities of judicial authorities of the Republic of Tajikistan.
In the Program of the judicial and legal reform approved by the Presidential decree of the Republic of Tajikistan of January 3, 2011 No. 976, provided questions of further enhancement of judicial structure, strengthening of independence of judges, increase in judicial responsibility and improvement of their social position, development of the legislation of industry, ensuring access of citizens to highly skilled legal assistance, reforming of the existing system of legal profession.
Number of actions, including for the correct placement of personnel of industry are developed for ensuring execution of this Program, to increase in level of their qualification, the solution of other organizational matters of judicial activities and in this process the constitutional laws "About the Constitutional Court of the Republic of Tajikistan", "About Courts of the Republic of Tajikistan", the Procedure Code of the Republic of Tajikistan on administrative offenses and the laws on introduction of number of changes and amendments in the relevant laws of the Republic of Tajikistan are adopted. The Code of honor of the judge of the Republic of Tajikistan in the new edition is also accepted.
Also the bill of the Republic of Tajikistan "About legal profession and lawyer activities" is under consideration of Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan and work on development of the Criminal code of the Republic of Tajikistan is conducted.
For the purpose of continuation of judicial and legal reform in the country, further strengthening of judicial authority, ensuring independence, enhancement of its structure and activities, development of the legislation of industry the Program is adopted it is judicial - legal reform in the Republic of Tajikistan for 2015-2017.
Studying of question of development of pre-judicial processes of resolution of disputes was provided in Item 2 of the Actions plan on program implementation of judicial and legal reform for 2011-2013.
As a result of intensive development of various spheres of life of society the number of civil, family, economic, criminal cases and cases on administrative offenses from year to year increases. Such provision becomes the reason of increase in loads of judges and can negatively influence timely and high-quality hearing of cases.
For ensuring timely hearing of cases, decrease in loads of judges and simplification of legal procedures it is reasonable to develop pre-judicial processes. Such approach leads the parties to the agreement and promotes the pre-judicial dispute resolution of the parties. In this plan hearing of cases on heavy categories of crimes in the asked form is reasonable.
In this regard and for the purpose of the solution of other questions of judicial activities it is necessary to review the civil, penal, economic and administrative procedural legislation and to make to them corresponding changes and additions. Also for the purpose of enhancement of pretrial investigation it is necessary to study the criminal procedure legislation.
Judges of the Supreme Court of the Republic of Tajikistan and the Supreme Economic court of the Republic of Tajikistan, considering cases in the first instance, in the cases provided by the law provide execution of the made decisions, take part at meetings of cassation and supervising instances, report on cases and prepare judgments, review requests about forced execution of decisions of the courts of foreign countries, within the competence consider cases based on the cassation and supervising claim and protest and make the decision (determination) on the direction of case or refusal of the direction of case in supervising instance for consideration on the merits, prepare drafts of decisions of Plenums of the Supreme Court and the Supreme Economic court of the Republic of Tajikistan, report at Plenum meetings, for carrying out generalization study cases and on everyone studied constitute the reference and by results send to case representation to relevant organs. Prepare offers on enhancement of the laws and other regulatory legal acts. Perform other powers established by the laws and other regulatory legal acts.
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