REGULATIONS OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF TAJIKISTAN

of March 5, 1996

I. General provisions

1.1. These Regulations are developed according to the Constitutional Law of the Republic of Tajikistan "About economic courts of the Republic of Tajikistan", affirm the Plenum of the Supreme economic court of the Republic of Tajikistan and regulate activities of the Supreme economic court of the Republic of Tajikistan.

The regulations of the Supreme economic court of the Republic of Tajikistan (further - court) are obligatory for execution by all judges and structural divisions of the office of the Supreme economic court of the Republic of Tajikistan.

1.2. The office of court will organize preliminary pre-judicial acceptance of persons participating in case accepts and issues documents, certifies copies of documents of economic court, makes mailing and delivery of documents, checks payment of the national duty, court costs, and also judicial penalties, assists judges in preparation of cases for consideration in judicial sessions, records movements of cases and terms of their passing in economic court, performs storage of cases and documents, studies and generalizes court practice, prepares suggestions for improvement of the laws and other regulatory legal acts, carries out directory work, keeps the statistical recording in the field of activities of economic court, is performed by material logistics of court, social servicing of judges and workers of the office of court.

1.3. According to article 36 of the Constitutional law of the Republic of Tajikistan "About economic courts of the Republic of Tajikistan" activities of economic court are provided with the office of court which consists from: assistant to the chairman, managers of departments, chief specialists, leading expert, senior consultants, consultants, chief of staff, secretaries of judicial boards, secretaries, report clerk, courier and other workers.

1.4. The structure and the staff list of the Supreme economic court of the Republic of Tajikistan affirm the Chairman of the Supreme economic court of the Republic of Tajikistan.

1.5. Distribution of functional obligations is performed by the order of the Chairman of the Supreme economic court of the Republic of Tajikistan.

II. Regulations of the Plenum of the Supreme economic court of the Republic of Tajikistan

2.1. General provisions

2.1.1. According to the Constitutional law of the Republic of Tajikistan "About economic courts of the Republic of Tajikistan" the Chairman of the Supreme economic court of the Republic of Tajikistan, and in its absence - the first deputy chairman of the Supreme economic court of the Republic of Tajikistan presides over meeting of the Plenum of the Supreme economic court of the Republic of Tajikistan (further - the Plenum).

2.1.2. Judges of the Supreme economic court of the Republic of Tajikistan are part of the Plenum.

2.1.3. The Attorney-General of the Republic of Tajikistan participates in meetings of the Plenum.

2.1.4. By the invitation of the Chairman of the Supreme economic court of the Republic of Tajikistan deputies of Majlisi Oli of the Republic of Tajikistan, Chairmen of the Constitutional and Supreme courts of the Republic of Tajikistan, the Minister of Justice of the Republic of Tajikistan, chairmen of economic courts of the Republic of Tajikistan, chairmen of public authorities, scientific institutions, other companies, organizations, organizations and citizens can participate in meeting of the Plenum.

2.1.5. The plenum is competent in the presence of at least two thirds of its structure.

2.1.6. The plenum is convened by the Chairman of the Supreme economic court of the Republic of Tajikistan as required, but at least two times a year.

2.1.7. Plenum of the Supreme economic court of the Republic of Tajikistan:

a) considers materials of studying and generalization of practice of application of the laws and other regulations by economic courts and makes the leading explanations concerning application of court practice;

b) considers protests of the Chairman of the Supreme economic court of the Republic of Tajikistan, the Attorney-General of the Republic of Tajikistan on resolutions of Presidium of the Supreme economic court of the Republic of Tajikistan on specific cases;

c) considers questions of entering into Majlisi milli of the Republic of Tajikistan of offers according to the procedure of implementation of the legislative initiative and about interpretation of the laws of the Republic of Tajikistan:

d) resolves issue of entering into the Constitutional court of the Republic of Tajikistan of ideas of compliance of the laws, other regulatory legal acts and the agreements of Tajikistan which did not take legal effect of the Constitution of the Republic of Tajikistan;

e) chooses on representation of the Chairman of the Supreme economic court of the Republic of Tajikistan secretary Plenum of the Supreme economic court of the Republic of Tajikistan;

e) approves structure of Presidium, structure of judicial boards and chairmen of judicial structures of the Supreme economic court of the Republic of Tajikistan on representation of the Chairman of the Supreme economic court of the Republic of Tajikistan;

g) approves regulations of economic courts on representation of the Chairman of the Supreme economic court of the Republic of Tajikistan;

h) approves Qualification board of the Supreme economic court of the Republic of Tajikistan;

i) performs other powers conferred to it by the law.

2.2. Procedure for preparation of meetings

2.2.1. Meetings of the Plenum are held according to the work plan of the Supreme economic court of the Republic of Tajikistan. The work plan determines also the agenda of each meeting. The agenda of meeting of the Plenum joins also unplanned questions according to proposals of members of the Plenum.

2.2.2. The list of the questions offered for consideration at the next Plenum's meeting is constituted previously by the secretary Plenuma and reported on the Chairman of the Supreme economic court of the Republic of Tajikistan or person fulfilling its duties for decision making on their introduction for Plenum's consideration.

2.2.3. About time of convocation of the Plenum and questions submitted for its consideration, members of the Plenum and invited are notified not later than 20 days prior to meeting.

2.2.4. On the questions submitted for consideration of Plenum, contractors present materials in the form: drafts of resolutions of Plenum on statement of structure of Presidium, chairmen of judicial boards, the secretary Plenum, structure of Scientific and advisory council under the Supreme economic court; reports for work of Presidium, chairmen of judicial boards of the Supreme economic court about activities of boards and the corresponding drafts of resolutions of Plenum for the matters; projects of suggestions for improvement of the current legislation; reports and drafts of the relevant resolutions; protest on the resolution of Presidium of the Supreme economic court on specific legal case; generalization of practice of economic courts and the corresponding draft of the resolution on giving explanations concerning application of the legislation, etc.

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