of November 3, 1995 No. 84
About the Constitutional court of the Republic of Tajikistan
The constitutional court of the Republic of Tajikistan as independent judicial body is founded for the purpose of protection, ensuring supremacy and direct operation of the Constitution of the Republic of Tajikistan and protection of rights and freedoms of man and citizen.
The basic principles of activities of the Constitutional court of the Republic of Tajikistan are independence, collective nature, openness, competitiveness and equality of participants.
The legislation of the Republic of Tajikistan on the Constitutional court of the Republic of Tajikistan is based on the Constitution of the Republic of Tajikistan and consists of this constitutional Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.
The constitutional court of the Republic of Tajikistan consists of 7 judges: Chairman, vice-chairman and 5 judges of the Constitutional court of the Republic of Tajikistan. One of judges is the representative of the Gorno-Badakhshan Autonomous Region.
The judge of the Constitutional court of the Republic of Tajikistan the citizen of the Republic of Tajikistan not younger 30 can be elected and 65 years, having higher legal education and professional length of service are not more senior at least 10 years.
The judge of the Constitutional court of the Republic of Tajikistan shall know state language.
Judges of the Constitutional court of the Republic of Tajikistan are elected for a period of 10 years.
If the term of office of judges of the Constitutional court of the Republic of Tajikistan expires during consideration of the case with its participation, then its powers remain before final consideration of this case.
The chairman, the vice-chairman and judges of the Constitutional court of the Republic of Tajikistan are elected by Majlisi milli of Majlisi Oli of the Republic of Tajikistan on representation of the President of the Republic of Tajikistan in individual procedure. Person who received majority of votes from total number of members of Majlisi milli is considered the electee.
The constitutional court of the Republic of Tajikistan has the right to start the activities on condition of election at least two thirds of its structure.
In case of early disposal of the Chairman, his deputy, or judges of the Constitutional court of the Republic of Tajikistan the Majlisi milli of Majlisi Oli of the Republic of Tajikistan at session elects to its place other person according to the procedure, established by this constitutional Law.
The chairman, the vice-chairman and judges of the Constitutional court of the Republic of Tajikistan after election are brought at the session of Majlisi milli of Majlisi Oli of the Republic of Tajikistan to the oath of the following content: "I, as the Chairman, the vice-chairman, the judge of the Constitutional court of the Republic of Tajikistan, swear sacredly to observe and protect the Constitution of the Republic of Tajikistan, to honesty carry out the obligations of the Chairman, the vice-chairman, the judge of the Constitutional court of the Republic of Tajikistan assigned to me, submitting at the same time only Constitutions of the Republic of Tajikistan, to nothing and nobody, except it".
Judges of the Constitutional court of the Republic of Tajikistan in case of accomplishment of the obligations are independent and submit to the Constitution of the Republic of Tajikistan and this constitutional Law.
Any intervention in their activities, and also impact on them in any form, for the purpose of hindrance of their activities, is not allowed and attracts legal accountability.
The status of the judge of the Constitutional court is not compatible to the deputy mandate, membership in political party and consolidation, occupation of other position, implementation of business activity, performance of works and receipt of remuneration in other state or public bodies, occupation private practice, except for creative, scientific and teaching activities.
Judges of the Constitutional court have no right to perform protection or representation, except legal representation in the Supreme Court, Economic court or other law enforcement agencies, to render protection any persons in receipt of the rights and release from obligations.
During the term of office of the judge of the Constitutional court are irremovable. They cannot be deprived of powers, are limited in powers, discharged from office, except as specified, provided by this Constitutional Law.
Activities of the Constitutional court and its judges concerning the constitutional legal proceedings are not accountable. Annually Constitutional court directs the message of Majlisi milli of Majlisi Oli of the Republic of Tajikistan and to the President of the Republic of Tajikistan about condition of the constitutional legality in the Republic of Tajikistan.
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The document ceased to be valid according to article 85 of the Constitutional Law of the Republic of Tajikistan of July 26, 2014 No. 1083