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Judicial power

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Significant reforms had been conducted in the judicial system during the independence. The judicial power is considered as an independent branch of the state. Judicial bodies had been reformed in accordance with the national requirements and norms of international law, and independence of judges had been ensured by the constitutional provision. With the aim of an implementation of legal justice in the Armed Forces by the Decisions of the Chairmanship of the Supreme Council in 2003 the Military Collegiums of the Supreme Court of the Republic of Tajikistan and in June 1994 military courts of garrisons were established. The Military Collegiums of the Supreme Court is an upper instance for the military courts of garrisons. 

In this period, on 14 April 1997 the Decree of the President of the Republic of Tajikistan No. 692 “On measures for ensuring independence of judicial power of the Republic of Tajikistan” was signed, which concerns issues of improvement of social conditions of judges and members of judicial machinery.
With the view to strengthening judicial power and ensuring independence of courts in implementation of judicial justice, the President of the Republic of Tajikistan Emomali Rahmon initiated establishment of the Council of Justice of the Republic of Tajikistan. Implementation of constitutional provision, guarantee of independence of judges, revoking authorities from the Ministry of Justice to submit proposals on conducting judicial reforms, improvement of legal and judicial system, election and proposal of competent nominees for appointment as judges, termination of appointment of judges, enhancing the role and status of the judicial powers, required the establishment of a new institution. Thus, establishment of the Council of Justice was an imperative of the day in pursuing the policy of the State on judicial power.
Considering the fact that judicial bodies are separate bran¬ches of the state authority, the first phase of legal and judicial reforms began with determination in the Constitution of the Republic of Tajikistan the obligations of the judicial power in protection of human rights and freedoms, interests of the State, institutions and agencies, rule of law and justice.
It is worth mentioning, that the President and the Govern¬ment of the Republic of Tajikistan considering the importance, role and position of the judicial power pay particular attention to strengthening of rule of law, order, protection of human rights and freedoms. Thus, during the period of state independence a series of legal instruments had been adopted which contribute to improvement of activity of the judicial power.
In the process of legal and judicial reforms the constitutional, economic and military courts had been established, several sectoral laws, civil, criminal, family codes had been adopted, terms of powers of judges had been extended from five to ten years, staff of judges and members of the judicial machinery had been increased.
The President of the Republic of Tajikistan in his annual address to Majlisi Oli (Parliament) on 24 April 2010 repeatedly drawing the attention of the members of the Parliament to the issues of the judicial power, stressed, that the Legal and Judicial Reforms Program had greatly contributed to the development and strengthening of judicial power. Therefore, he called upon the Parliament for continuation of legal and judicial reforms and drafting a new comprehensive program.
Consequently, the Legal and Judicial Reforms Program for 2011-2013 was approved by the Decree of the President dated 3 January 2011. The Program stipulates the solution of such issues as drafting of the Procedure Code on Administrative Offences, review of the national legislation for amendments aimed at improvement of the activity of the judicial justice system, as well as annual increase of financing of judicial power from the state budget. All these steps are very important for ensuring independence of judges and implementation of constitutional guarantee on judicial protection.
After independence of Tajikistan and adoption of the new Constitution the judicial power as one of the important and necessary bodies of the state administration have entered a new stage, and developed into an institution for implementation of judicial justice both in terms of quality and quantity. For instance, for the first time in the national judicial system there were established such independent judicial institutions as the Constitutional Court, the Economic Court and the Military Court.
Judicial power in Tajikistan is independent and judicial justice is implemented by the Constitutional Court, the Supreme Court, the Supreme Economic Court, the Military Court, the Court of Gorno-Badakhshan Autonomous Oblast, regional and district courts, the Court of Dushanbe city, the Economic Court of Gorno-Badakhshan Autonomous Oblast, regional economic courts and the Economic court of Dushanbe city.
One of the important values of the Constitution of Tajikistan is supremacy and direct implementation of its provisions. Therefore, for the purpose of protection of supremacy and direct implementation of the Constitution, as well as protection of human rights and freedoms the Constitutional Court of the Republic of Tajikistan as an independent institution of the judicial power in the national legal system was established.
The Constitutional Court of the Republic of Tajikistan as a new institution of the constitutional and democratic state and as a special body of constitutional control during its relatively short activity has proved its importance and necessity for the foundation of the State of Tajikistan. In general, the role and status of such important institution in the modern society is acknowledged internationally.
In relation with the status of the Constitutional Court the President of the Republic of Tajikistan in his address on the occasion of the 15th Anniversary of the Constitution stated that “the Constitutional Court had a special status in the national judicial system and one of its primary tasks is ensuring the supremacy of the Constitution in the system of legal regulations”.
Another high institution of the judicial power in the country is the Supreme Court of the Republic of Tajikistan the activity of which is regulated in accordance with the Constitution and the Law of the Republic of Tajikistan “On the Courts of the Republic of Tajikistan”. The Supreme Court executes control over the activity of the military courts of garrisons, the Court of the Gorno-Badakhshan Autonomous Oblast, regional and district courts, the Court of Dushanbe city on civil, criminal, administrative and other cases within the competence of those courts.
Now, judicial assemblies on civil, criminal, family, administrative cases and military appeals operate within the Supreme Court. Judicial assemblies judge cases through cassation, supervisory procedures, and also as a court of first appearance, try newly revealed cases, decision of cassation and supervisory instance, based on which the decision of the court of first appearance was changed or new court decision was made, within their competencies and authorities in accordance with the legislation standards and thereby summarize the cases and court statistics alongside with other issues identified in the legislation.
The Supreme Economic Court of the Republic of Tajikistan is also the highest court responsible for the settlement of economic disputes and other cases judged by the economic courts. It supervises economic courts based on the procedures identified by the legislation and provides guidelines regarding the judicial practice.
Regulation of civil service relations is one of the most important contemporary issues. With the view to enhancing the role and position of civil servants in the society, ensuring their discipline, improving their professional knowledge, experience, skills and capacities, selecting talented specialists dedicated to their State and people and regulating the governmental agencies, Civil Service Directorate under the President of the Republic of Tajikistan was established by the Decree of the President of the Republic of Tajikistan on January 25, 2001.
Another Decree of the President of the Republic of Tajikistan “On Establishment of the Civil Servants Professional Development Institute of the Republic of Tajikistan” of October 9, 2002 made it possible to establish conducive conditions for retraining and professional development of civil servants in the country.




Distinguished Members of Senate and Lower Chamber of the Parliament, Esteemed Compatriots, The 2018 was indeed a historical year for the noble people of Tajikistan and the independent state of the Tajiks by its very important and memorable events. On World Water Day, 22 March 2018, our fourth global initiative in the field of water resources – the International Decade for Action: Water for Sustainable Development (2018-2028) was officially launched with the participation of the President of Tajikistan in the UN General Assembly. Due to the climate change the issue of protection of clean drinking water sources and resources has turned into one of the main challenges of the Globe’s population, and Tajikistan is recognized as an initiator and champion in this area at ....>>>

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