M. N. Nazarov
Judge-Secretary
of the Constitutional Court
of the Republic of Tajikistan
THE PRINCIPLES
OF STRUCTURE AND PROCEEDING
IN THE CONSTITUTIONAL
COURT
OF THE REPUBLIC OF TAJIKISTAN
The
Constitutional Court of the Republic of Tajikistan is acting on the basis of
independence, legality, verbal procedures, collegiality, transparency, controversy
and equality of the parties and is submitting only to the Constitution and to
the constitutional law on "The Constitutional Court" of the Republic
of Tajikistan.
The essential guarantee
for the independence of the Constitutional Court of the Republic of Tajikistan
is the independence of judges, because the legality, objectiveness and fairness
of taken decisions depend only on the observance of this principle.
The Chapter 8 of
the Constitution of Tajikistan is titled "Court" and dedicated to
the judiciary. There are the fundamental principles of carrying out the justice,
the guarantees for the independence of court, the principle of organizations
and activities of judiciary, as well as the important provisions on the status
of judges (their independence, personal immunity and etc.).
The exclusive right
of the court to carrying out the justice means that only the court shall be
entitled to announce its decision immediately in the name of the Republic of
Tajikistan. Only court decisions have legal force of law on the concrete case,
are binding for all institutions, enterprises, organizations, public officials
and citizens and are to be executed in the whole territory of the Republic.