of August 6, 2001 No. 30
About courts of the Republic of Tajikistan
The constitutional Law of the Republic of Tajikistan "About courts of the Republic of Tajikistan" based on the Constitution of the Republic of Tajikistan and other regulatory legal acts governs the relations connected with the organization and procedure for activity of the courts, and also activities of Council of justice of the Republic of Tajikistan, connected with questions organizational and material logistics of courts.
Judicial authority in the Republic of Tajikistan belongs only to courts on behalf of judges and involved in the procedure established by the law in implementation of justice of jurymen. No other bodies and persons have right to assume justice implementation.
Judicial authority is independent is performed on behalf of the state by judges and is effective along with the legislative and executive authorities
Public authorities have no right to assign to the judge of obligation, not provided by the law of the Republic of Tajikistan.
Judicial authority is performed by means of the constitutional, civil, economic, administrative and criminal trial.
The procedural procedure for hearing of cases by courts is determined by the laws of the Republic of Tajikistan.
The court in the Republic of Tajikistan is urged to protect the rights and freedoms of man and citizen, interests of the state, the companies, organizations, other organizations, legality and justice proclaimed the Constitution of the Republic of Tajikistan and other laws of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan
Task of court in the Republic of Tajikistan - every possible strengthening of legality and approval of social justice.
All judges in the Republic of Tajikistan have the single status and differ among themselves only with powers and competence.
Judges in the activities are independent, submit only to the Constitution of the Republic of Tajikistan and the law.
Independence of the judge is provided:
- the procedure for its election, appointment, release and response established by the law;
- immunity of the judge;
- the procedure of administration of law established by the law;
- the mystery of meeting of judges in case of removal of court resolutions;
- prohibition under the threat of whose responsibility that was interventions in activities for justice implementation;
- responsibility for disrespect for court;
- the judge's right to resignation, transition or transfer into other work, dismissal, retirement or response from judgeship at own will;
- formation of judicial community;
- creation of organizational specifications for activity of the courts;
- provision to the judge at the expense of the state of the material and social security corresponding to its status.
Guarantees of independence of judges, including the measures of their legal protection, material and social security provided by this constitutional Law extend to all judges in the Republic of Tajikistan.
Disrespect for court from the persons or citizens who are present at judicial session participating in case, and is equal making of actions by somebody, testimonial of neglect to court, attract responsibility according to the law of the Republic of Tajikistan.
Any intervention in activities of the judge for implementation of justice is forbidden and according to the Law attracts responsibility.
Illegal impact on the judge and jurymen participating in justice implementation with the purpose to prevent comprehensive, complete and objective examination of specific case, or to achieve removal of illegal court resolution, attracts responsibility according to the Law of the Republic of Tajikistan.
Mass media have no right to determine result of trial on specific case in the messages.
The judge shall not offer any explanations on the substance of considered or being in proceedings, and also to represent them to somebody for acquaintance, differently as in the cases and procedure provided by the Law.
The orders, decisions, sentences, the determinations and resolutions accepted by courts and which took legal effect are obligatory for execution.
The judge has immunity rights.
Immunity of the judge extends also to its dwelling and the office used by him transport and means of communication, its correspondence, belonging to him things and documents.
Criminal cases and proceedings on administrative offense against the judge are initiated only by the Attorney-General of the Republic of Tajikistan. Production of preliminary inquiry on criminal case and production on cases on administrative offense is performed according to the procedure, established by the legislation of the Republic of Tajikistan. Criminal cases and cases on administrative offense concerning the judge are considered by the Supreme Court of the Republic of Tajikistan.
The judge of the Constitutional court, the Supreme Court, the Supreme economic court cannot be brought to trial, is taken into custody without the consent of Majlisi milli of Majlisi Oli of the Republic of Tajikistan.
The judge of military court, court of the Gorno-Badakhshan Autonomous Region, regional court, court of the city of Dushanbe, city and district court, economic court of the Gorno-Badakhshan Autonomous Region, regional economic court, economic court of the city of Dushanbe cannot be brought to trial, is taken into custody without the consent of the President of the Republic of Tajikistan.
Arrest and the conclusion of the judge under house arrest, temporary discharge from position, survey, search of its housing and office, seizure of property, listening and record of telephone and other negotiations, arrest of correspondence, survey and their dredging, search, dredging of the objects and documents containing information on deposits and accounts in banks arrest of the money which is on accounts and in deposits or stored in banks and credit institutions of the judge are made at the request of the prosecutor or the investigator with the consent of the Attorney-General of the Republic of Tajikistan and the sanction of the Supreme Court of the Republic of Tajikistan.
The detention, the forced drive, personal search of the judge, survey of property, vehicles and means of communication used by it is allowed only during detention oho in case of crime execution, in other cases are made only on the brought criminal case concerning the judge, according to the procedure, established by the legislation of the Republic of Tajikistan.
The part eight of Article 9 is excluded according to the Constitutional Law of the Republic of Tajikistan of 22.07.2013 No. 972
The part nine of Article 9 is excluded according to the Constitutional Law of the Republic of Tajikistan of 22.07.2013 No. 972
The part ten of Article 9 is excluded according to the Constitutional Law of the Republic of Tajikistan of 22.07.2013 No. 972
The part eleven of Article 9 is excluded according to the Constitutional Law of the Republic of Tajikistan of 22.07.2013 No. 972
Persons guilty of violation of immunity of the judge bear responsibility according to the legislation of the Republic of Tajikistan.
Judges, members of their families and their property are under special protection of the state.
Protection of buildings and property of courts, if necessary, according to the statement of the judge, its protection and the members of his family occupied by them premises and the property belonging to them is assigned to law-enforcement bodies and performed gratuitously.
The judge has the right to carrying, storage and use of weapons. The procedure for carrying, storage and use of weapons by the judge is determined by the law of the Republic of Tajikistan.
Judges of the Constitutional court are elected from among lawyers not younger 30 years and 65 years having professional length of service at least 10 years are not more senior.
Lawyers not younger are elected 30 years to positions of judges of the Supreme Court, the Supreme economic court and 65 years having length of service as the judge at least 5 years are not more senior.
Lawyers not younger are appointed 30 years to positions of judges, court of the Gorno-Badakhshan Autonomous Region, regional courts and court of the city of Dushanbe and 65 years having length of service as the judge at least 5 years are not more senior
Candidates for position of judges of public vessels shall meet also the requirements of the Law of the Republic of Tajikistan "About general conscription and military service".
Lawyers not younger are appointed 25 years to positions of judges of city or district court, military court, economic court of the Gorno-Badakhshan Autonomous Region, regional economic court, economic court of the city of Dushanbe and 65 years having professional length of service at least 3 years are not more senior
The judge shall observe strictly the Constitution of the Republic of Tajikistan, the constitutional laws and other laws, make use of knowledge and experience for accomplishment of the tasks assigned to it, to be worthy the rank.
The judge in case of execution of the powers, and also in the off-duty relations shall avoid everything that could belittle authority of judicial authority, advantage of the judge or to raise doubts in its objectivity, justice and impartiality.
The judge cannot hold other position, to be the deputy of representative bodies, the member of political parties and associations or to financially support them, to participate in political actions, to be engaged in business activity, in addition to occupation in scientific, creative and pedagogical activities.
The judge is covered by advanced training every two years, and after its termination to it the certificate is in accordance with the established procedure issued.
Judges are chosen and appointed for a period of 10 years
In case of appointment, or election of the judge in the period of its powers from one court in other court of the same name, or in superior court, or in subordinate court the ten-year term of office is estimated from the date of new appointment, or election
The chairman, vice-chairmen and judges of the Constitutional court, the Supreme Court and the Supreme economic court are elected by Majlisi milli of Majlisi Oli of the Republic of Tajikistan on representation of the President of the Republic of Tajikistan.
Judges of public vessels, court of the Gorno-Badakhshan Autonomous Region, regional, the city of Dushanbe, city and district courts, judges of economic courts of the Gorno-Badakhshan Autonomous Region, regional, the city of Dushanbe the President of the Republic of Tajikistan on representation of Council of justice of the Republic of Tajikistan appoints.
Judges are the citizens of the Republic of Tajikistan according to the Constitution of the Republic of Tajikistan, this constitutional Law and other laws given authority to perform justice and the fulfilling duties on professional basis. Chairmen and deputy chairmen of all courts of the Republic of Tajikistan are judges and perform the powers established by the procedural laws.
Requirements and orders of judges when implementing of the powers based on the law by them are obligatory for all state bodies, public associations, officials, legal entities and physical persons. Information, documents and their copies necessary for implementation of justice are represented upon the demand of the judge gratuitously.
Non-execution of requirements and orders of the judge attracts the responsibility established by the law of the Republic of Tajikistan.
Jurymen when implementing justice have all rights of the judge.
Twenty jurymen are elected to each judge.
The procedure for election, compensation, guarantees and privileges of jurymen when implementing justice are determined by the Regulations on jurymen approved by Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan.
Person for the first time appointed to judgeship takes in a festive atmosphere the oath of the following content:
"Solemnly I swear fairly and to honesty fulfill the duties, to perform justice, submitting only to the Constitution and the law, to be impartial and fair as the debt of the judge and my conscience orders to me."
Judges take the oath before National flag of the Republic of Tajikistan at meeting of judges.
Judges of the Constitutional court of the Republic of Tajikistan take the oath according to the constitutional Law of the Republic of Tajikistan "About the Constitutional court of the Republic of Tajikistan".
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The document ceased to be valid according to article 137 of the Constitutional Law of the Republic of Tajikistan of July 26, 2014 No. 1084