President of the Republic of Tajikistan

Statement at the International Conference on the oConstitutional Courtasion of the 20th anniversary of Constitutional Courtof Tajikistan subtitled: “Constitutional Justice – Guarantee of Constitution Supremacy”

17.09.2015 11:47, Dushanbe city

Distinguished participants!
Esteemed guests!
Ladies and Gentlemen!

At the outset, I would like to welcome our distinguished guests, who have come to participate in the International Conference on the oConstitutional Courtasion of the 20th anniversary of establishment of the Tajik Constitutional Court.

I believe that after visiting perpetual Tajikistan and getting familiar with longstanding history and rich culture of ancient Tajik nation, our esteemed guests will return to their countries with good impression.

Distinguished participants!

Though statehood and governance traditions of the Tajik nation go back to the third millennium B.C., state independence of the Republic of Tajikistan, which our nation achieved at the end of the 20th century, has become a great political and social break transformation point in the history of Tajik people.

The human history proves that adoption of a document and declaration of independence is not the end of story for any nation.

This process requires starting large-scale vital political, economic, social, cultural and legal transformations, which should reflect the rich history, culture, language, customs, traditions and values of any nation in combination with general humane values.

It was the strong will and dedication of Tajikistan’s people to their inherited land and state independence, thanks to which this historical phase became a constructive power and laid the firm foundation of a national state in the country.

Constitutional reforms and adoption of the Constitution of independent Tajikistan via referendum was one of the historical commitments in the initial phase of the Tajik state and public independence, which was implemented on November 6, 1994.

Constitution of the independent Tajikistan, which the first time is adopted through referendum in the constitutionalism experience of Tajikistan, reflects will of Tajik people and its major feature is that it is a national document.

In the Constitution, the people of Tajikistan declared themselves as an integral part of the world community, which also shows the ancient civilization and culture of the Tajik people, and at the same time, alongside with enriching national values, it also reflects the dedication of the Tajik state and nation to globally recognized humane values.

The Constitution is also a state recorded thinking, which reflects main and strategic aspects of national governance, joint liability of the public and authorities in establishment of social and civil society, uniting the interests of all segments of population and social groups and achievement of national objectives and it is the greatest political and social source.

Our Constitution pays a special attention to arranging and establishing the government based on its division into legislator, executive and judicial branches, and the procedure of establishment and operation of the supreme authorities is regulated aConstitutional Courtording to the principle of check and balance between them.

The theory of division of governance, which was known still at the Ancient Rome Empire, and later was applied as the main governance principles in the constitution of the majority of democratic states, was alien in the history of governance of tajik people in terms of state management even in the soviet legal system.

Distinguished friends!

It is not occasional that the Constitution pays a special attention to the role and status of the judicial power in Tajikistan, particularly in the Constitutional Court.

First and foremost, constitutional supervision authorities have a special status in the public administration and judiciary systems of all civilized countries, and it would be not reasonable to talk about the fair principle of checks and balances without such an authority.

Secondly, establishment of the Constitutional Court of the Republic of Tajikistan shows that Tajikistan is a democratic and law-based country and availability of such an authority practically means the objective of the state and nation in terms of creation of a fair society.

In its turn, it is impossible to imagine creation of a fair society without independent, authorized and law-based judiciary, particularly constitutional supervision authority.

In addition to this, the Constitution recognizes human rights and freedom as the highest value has led to establishment of constitutional supervision authority in the governance and judiciary systems of the country.

Via its preventive function, the Constitutional Court supervises the most important state and its authorities’ function, that is their norm development activities and annuls any legal and regulatory document contradicting the Constitution and thereby ensures protection of constitutional human and citizen’s rights and freedom foreseen in international documents and the country’s Constitution.

In this regard, I would like to outline that while developing the draft Constitution there were also some persons, according to whom establishment, existence and operation of constitutional supervision authorities would not be realistic and they thought this idea was not well grounded.

However, as the head of the state, I paid a serious attention to the establishment and operation of a specialized constitutional supervision authority in the country for objective reasons.

For instance, the chaos of 1990-1992 in the country , including ignoring the acting constitution and ten amendments and additions included into Tajikistan’s Constitution by the Supreme Board of the country in 1992 only,  illegal overthrow of two presidents and five governments, which led the country to civil war, was a historical lesson for me personally.

Therefore, constitutional supervision authority was foreseen as a specialized authority, i.e. Constitutional Court in Tajikistan’s Constitution and the documents adopted by this authority were fully recognized.

Further improvement of authorities and competence of the Constitutional Court is directly related to the President’s Address to the Parliament on April 20, 2006 and adoption of Judicial and Legal Reform Program for 2007-2010 based on this Address.

This Program envisaged that the Constitutional Court’s authorities should be improved by granting it with functions on provision of opinion regarding the draft amendments and additions to be included into the Constitution as well as draft laws, and other issues to be addressed via public referendum, so that the draft amendments and additions to be included into the Constitution and the issues to be proposed for public referendum are in line with main principles and values of the Constitution.

The Constitutional Court’s documents are of high value for the protection of the country’s constitutional structure principals, human and citizen rights and freedom, interests of the state, organizations and institutions, legitimacy, social justice and legal order. 

The Constitutional Court’s activities is closely related to the norm development activities of governmental agencies, particularly legislator authorities. This is the reason, based on decisions and rulings of the Constitutional Court tens of legal documents are brought in line with the supreme objectives of the Constitution – indefeasibility of human and citizen rights and freedoms.

According to the Judicial-Legal Reform for 2007-2010 the legislation identified a wide list of entities, which have the right to apply to the Constitutional Courtand even the world’s advanced countries do not have such a list.

Our objective from this initiative, is first and foremost, full elimination of contradictions in the legislation and bringing legal and regulatory documents in line with the country’s Constitution, and further the national legislation in line with advanced international norms on protection of human rights.

With this regard, I would like to emphasize that the state request the entities, which have the right to apply to the Constitutional Court, to have more serious and proactive approach to further improve the country’s legislation.

It is also necessary to further improve the Constitutional Court activities as an integral part of the state and judicial authority regarding the advancement of the state and society, strengthening of democratic principals of the constitutional regime, enhancing importance of protection of citizen and human rights and freedom and aConstitutional Courtess of citizens to court.

Distinguished friends!

In the process of implementation of the Judicial and Legal Reform Program for 2011-2013, new Constitutional Law “On Constitutional Court of the Republic of Tajikistan” was developed by taking into aConstitutional Courtount the international experience in terms of activities of this entity, which was passed by the Parliament last year.

This law envisages new provisions aimed at enhancing authorities of the Constitutional Court and its procedural activities, aConstitutional Courtess of subjects of law, first and foremost citizens to constitutional justice as well as protection of citizen and human rights and freedom and we believe that the Constitutional Court activities will be further improved based on this document and it will be implementing its major task, that is ensuring rule and practical implementation of the Constitution for the sake of strengthening of a law-based and democratic state foundation. 

The judicial and legal reform is ongoing in the country these days. Judicial and Legal Reform for 2015 -2017 and PoA for its implementation was adopted by the Decree of the country’s President dated January 5, 2015.

There is no doubt that via implementation of this program the tasks of the judiciary will be further improved, the judiciary will be more independent and powerful, its professionalism will enhance, and it will be provided with highly qualified and competent lawyers and relevant measures will be undertaken for professional development of the judiciary staff.

Also, pecuniary and physical infrastructure resources of courts and judges, including their social situation will be improved every year.

Esteemed friends!

The recent years proved the state’s right policy on development of judiciary, including the country’s Constitutional Court in protection of citizen and human rights and freedom, supreme interests of the society and the state in establishment of a really democratic and law-based, social and fair society.

Via the state’s leadership and the Gov active policy legislation on judiciary has been improved, judicial reform programs have been adopted and implemented, and pecuniary and social resources of courts and judges have been improved and the Constitutional Court has been playing a significant role in development of democratic institutions and establishment of a democratic society.

The timebeing requires that the judicial authorities’ activities should meet the interests of citizens, society and state.

The Government will undertake all necessary measures for further improvement of judiciary and its role in the society.

In its turn, the judiciary staff have to work hard, behave honestly and constructively in order to deserve the society’s trust in the judicial sector.

I would like to avail this opportunity and extend my congratulations to all judges and the Constitutional Court staff members, as well as all staff of the country’s judiciary on the oConstitutional Courtasion of the 20th anniversary of the Constitutional Court and will all of them suConstitutional Courtess in implementation of their major task on protection of the Constitution and citizen and human rights and freedom, interests of society and the state.

I also wish good luck to the Conference and our distinguished guests to enjoy their stay in Tajikistan.

Thank you very much indeed for your kind attention!

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