Chapter 8. THE COURT
Article 84
Judicial power, being independent, is exercised in the name of the State by courts. Judicial power protects the rights and freedoms of individual and citizen, interests of the State, organizations, institutions, lawfulness, and justice.
The judicial power is exercised by the Constitutional Court, Supreme Court, Highest Economic Court, Military Court, Court of Gorno-Badakhshan Autonomous Oblast, the courts of oblasts, the city of Dushanbe, cities and rayons, the Economic Court of the Gorno-Badakhshan Autonomous Oblast, [and] the economic courts of oblasts and the city Dushanbe .
The procedure of establishment, organization, and activity of the courts are determined by a constitutional law.
The term of authority of the judges is 10 years.
The creation of extraordinary courts is prohibited.
Article 85
A person not younger than 30 years old, having the citizenship of the Republic of Tajikistan only, University Degree in Law and at least 5 years of work experience as a judge is elected or appointed to the position of judges of Supreme Court, Supreme Economic Court, courts of Badakhshan Autonomous Mountainous Region, regions and Dushanbe city.
A person not younger than 25 years old, having the citizenship of the Republic of Tajikistan only, University Degree in Law and at least 3 years of professional work experience as a judge is appointed to the position of judges of courts of districts and cities, military court, economic courts of Badakhshan Autonomous Mountainous Region, regions and Dushanbe city. The mandatory retirement age for judges is determined by the constitutional law.
A person who is appointed to the position of judge takes oath in a solemn atmosphere.
Article 86
Judges of the Military Court, judges of the court of the Gorno-Badakhshan Autonomous Oblast, oblasts, the city of Dushanbe, city and rayon courts, judges of the economic court of the Gorno-Badakhshan Autonomous Oblast, oblasts, and the city of Dushanbe are appointed and dismissed by the President in accordance with the procedure established by the constitutional law.
Article 87
Judges are independent in their activity and are subordinate only to the Constitution and law. Interference in their activity is prohibited.
Article 88
Judges consider cases collectively and individually.
The court process is carried out on the basis of the principle of adversarial proceeding and equality of the parties.
The examination of cases in all courts is public except for cases provided by law.
Court proceeding is conducted in the State language or in the language of the majority of the population of the area. Persons who do not know the language in which the court proceeding is conducted are provided with the services of a translator.
Article 89
The Constitutional Court consists of seven people, one of whom is a representative of the Gorno-Badakhshan Autonomous Oblast.
A person not younger than 30 years old, having the citizenship of the Republic of Tajikistan only, University Degree in Law and at least 7 years of professional work experience is elected to the position of the judge of the Constitutional Court. The mandatory retirement age for judges is determined by the constitutional law.
A person who is elected to the position of judge takes oath at a session of Majlisi Milli.
Powers of the Constitutional Court:
- Determining of the conformity to the Constitution of laws, joint legal acts of the Majlisi Milli and the Majlisi Namoyandagon, the President, Government, Supreme Court, Highest Economic Court, and other State and social organs, as well as agreements of Tajikistan which have not entered into legal force;
- Resolving disputes between State organs regarding their competences;
- Execution of other powers determined by the Constitution and laws.
Acts of the Constitutional Court are final.
Article 90
A judge may not hold another office, be a deputy of representative organs, member of political parties and associations, [or] to engage in entrepreneurial activity apart from engaging in scientific, creative, and educational activity.
Article 91
A judge has the right to immunity. A judge is not subject to arrest and criminal responsibility without the consent of the organ that has elected or appointed him. A judge is not subject to detention except for cases of detention at a scene of a crime.
Article 92
Legal assistance is guaranteed in all stages of investigation and court [proceeding].
The organization of and the procedure for the activity of advocacy and other forms of rendering legal assistance are determined by law.
