ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of February 28, 2015 No. 101

About the Development program of system of justice for 2015 - 2020

According to article 19 of the Constitutional law of the Republic of Tajikistan "About the Government of the Republic of Tajikistan" and for the purpose of implementation of the order of the Government of the Republic of Tajikistan of May 3, 2014, "About the Actions plan on accomplishment of the tasks specified in the President's letter of the Republic of Tajikistan to Majlisi Oli of the Republic of Tajikistan of April 23, 2014" the Government of the Republic of Tajikistan decides No. 284:

1. Approve the Development program of system of justice for 2015 - 2020 it (is applied).

2. To the Ministry of Justice of the Republic of Tajikistan to develop and submit for approval of the Government of the Republic of Tajikistan the Actions plan on program implementation of development of system of justice for 2015-2020.

3. To the relevant ministries and departments to take necessary measures for program implementation of development of system of justice for 2015 - 2020 years.

Approved by the Order of the Government of the Republic of Tajikistan of February 28, 2015 No. 101

The development program of system of justice for 2015 - 2020

1. General provisions

1. The development program of system of justice for 2015 - 2020 (further - the Program) is directed to determination of the purposes, priorities and measures for reform and development of judicial authorities and is developed for the purpose of implementation of the order of the Government of the Republic of Tajikistan of May 3, 2014, No. 284 "About the Actions plan on accomplishment of the tasks specified in the President's letter of the Republic of Tajikistan to Majlisi Oli of the Republic of Tajikistan of April 23, 2014" which implementation promotes the solution of important aspects of legal reform of Tajikistan in the modern world and corresponds to the main priorities of the Program of national development of the Republic of Tajikistan till 2015.

2. The program is based on regulations of the Constitution of the Republic of Tajikistan and determines the purposes, priorities and measures for reform and development of judicial authorities.

3. Forming of the democratic and constitutional state provides further forming of rights and freedoms of man and citizen, taking into account increase in level of responsibility in all spheres of life of society. Taking into account these factors, strengthening of role of the Ministry of Justice of the Republic of Tajikistan (further the Ministry of Justice) and transfer of the modern and advanced status to it whom the Ministries of Justice of the developed states have is reasonable.

4. The system of law of Tajikistan seriously changed in the period of the State sovereignty and respectively practice of realization of the right also changes. In sovereign Tajikistan, as well as in other states of the world in which the principle of rule of law reigns the Ministry of Justice occupies one of the major places and this time is the central executive body of the Republic of Tajikistan, the providing carrying out state policy and normative legal regulation in the sphere of rule-making, legal assistance to citizens, state, notariate, civil registrations, legal promotion, execution of criminal penalty, judicial and criminalistic examination, and also other spheres relating activities of divisions of the judicial authorities established by the legislation of the Republic of Tajikistan.

5. At the same time, there is number of the legal issues which are not entering competence of the Ministry of Justice. One of tasks of enhancement and improvement of legal activities is its consolidation to the sphere of competence of governing bodies of the state in the sphere of the right. As now in practice separation of legal activities in government is obvious, and it are implemented by bodies into which power activities in the legal sphere are not included.

6. Need of extensive reform of the legal circle of society recognizes that realization of transformation of economic and political system requires creation of complete corresponding legal infrastructure. On this basis legal reform shall be performed harmoniously with the economic and political changes which are implemented in the republic and even in certain cases to outstrip them for regulation of the accepted reforms within regulations.

7. For the purpose of the solution of the specified problems, this Program determines further main ways of activities of judicial authorities, taking into account the new tasks assigned to them proceeding from increase in role and responsibility of judicial authorities in realization of legal policy of the state.

2. Purposes, tasks and principles of reform and development of judicial authorities

8. Main objective of reform and structural transformation of judicial authorities is the organization of system of effective management of ensuring legal policy of the state by the placement of structure and powers performed by structural divisions the Ministry of Justice. These actions provide single format and the problem resolution at stage of transition to the advanced management practice of the specified process. Goal achievement of reform of judicial authorities depends on how its role is perceived in today's society.

9. Proceeding from requirements of society and use of innovations of system of justice of the advanced states for all stages of reform, initial tasks is the following:

- enhancement of the regulatory legal base providing effective activities of judicial authorities;

- project development of the Law of the Republic of Tajikistan "About judicial authorities";

- strengthening of organizational and structural providing central office of judicial authorities and its structures by increase in established posts;

- material logistics improvement, including electronization of all clerical work of judicial authorities;

- encouragement of employees, including by providing with office housing, implementation of the additional salary taking into account the importance, complexity and loading with use of practice of the developed states for the staff of the divisions occupied with law-making activities;

- the analysis of system of activities of notaries public, for the purpose of further creation of private notariate;

- increase in level of knowledge and professional skills of employees of judicial authorities by introduction of modern education system, preparation and retraining of workers, and also advanced trainings in foreign countries;

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