Formation, development and strengthening of the legislation of the Republic of Tajikistan for 30 years of independence!

Formation, development and strengthening of the legislation of the Republic of Tajikistan for 30 years of independence!

We have 30 years to survive in the conditions of independence. For 30 years of independence, Tajikistan has left land for further development in all directions and has rapidly stimulated development. During this short historical period, the Tajik people have also achieved very valuable achievements in the direction of creating laws, regulating and applying them, as well as strengthening them. An important historical event in the state independence was the achievement of the Tajiks. Only thanks to the state independence, Tajikistan has managed to establish itself as a subject of international equality and be recognized as an independent state in the international arena. The first document created to ensure State independence is the Declaration of Independence of the Republic of Tajikistan, which was adopted on August 24, 1990 and approved by the Resolution of the Supreme Council of the Republic of Tajikistan on September 9, 1991, No. 392. According to this decision, the day of the declaration of independence of the Republic of Tajikistan on September 9 is declared a national holiday.

The role of the XVI session of the Supreme Council of the Republic of Tajikistan for strengthening the foundations of state independence and creating the foundations of legislation is very valuable. The people of Tajikistan and the world community recognized the XVI session of the Supreme Council of the Republic of Tajikistan as an important historical event, they knew the restoration of peace, stability, national unity and the country's results on the way to creating a democratic and social society only thanks to this fateful session. One of the important features of this historic session is that at the time of the crisis of the power structures, a number of normative legal acts were adopted, which laid the foundation for activating and strengthening the structure of state power. The fateful session opened a new page in the activity of the legislation of the new period of independent Tajikistan. The universal law of the Republic of Tajikistan is the Constitution of the Republic of Tajikistan, 17 constitutional laws, 23 Codes, 15 Amnesty Laws, 22 Budget Laws, 313 sectoral laws and more than 17 thousand by-laws. For 30 years of independence, 3 Codes and 61 other normative legal acts have been recognized as invalid. The development of national legislation with the adoption of national laws, such as the laws of the Republic of Tajikistan "On the regulation of traditions, celebrations and rituals in the Republic of Tajikistan" and "On the responsibility of parents for the education and upbringing of children" is one of the rare achievements of the head of the State of Tajikistan, the respected Emomali Rahmon, which includes the quality of the founder of national legislation.

On November 6, 1994, the Constitution of the Republic of Tajikistan was adopted by a national referendum, which is the most sacred and honorable date in the history of the modern Tajik statehood. During the period of independence, this fateful document created favorable conditions for ensuring the rights and freedoms, defining the main tasks of a person and a citizen. In the first article, the Republic of Tajikistan proclaimed a sovereign democratic, legal, secular and only State. It was also established that Tajikistan is a social state and creates conditions for every person that ensure a decent life and free development. The essence of the Constitution of the Republic of Tajikistan proceeds from the fact that this phenomenon has a certain historical character. Before independence, such an essential national Constitution was not implemented in the country. Along with the acquisition of state independence, there was a need to adopt a Constitution that has creative goals. The society and the Republic of Tajikistan have entered a qualitatively new stage in their history of development, and the country has undergone fundamental changes in all spheres of society. The people of Tajikistan have launched a demonstration of statehood and a civil society project. The Constitution of the Republic of Tajikistan is one of the great achievements of the Tajik people, who laid the legal foundation for the construction of a free and sovereign State, the expression of orbits, the protection of national goals and interests, historical and cultural heritage. This important historical document records the sovereignty, independence, territorial integrity of Tajikistan, the inviolability of the country's territory, the essence and functions of the state, the rights and freedoms of man and citizen, the language, state symbols, the form of statehood of Tajikistan, the goals of the internal and foreign policy of the state. In accordance with article 6 of the Constitution in Tajikistan, the people are recognized as the bearer of sovereignty and the only source of State power, which exercises this power directly or through its representatives. In accordance with article 9 of the Constitution of the Republic of Tajikistan, State power is exercised on the basis of its division into legislative, executive and judicial. The following describes the procedure for the creation, powers and activities of each of the branches of state power in separate chapters of the Constitution. It should be emphasized that the first chapter of the Constitution of the Republic of Tajikistan is called "the foundations of the constitutional system". This structure consists of fundamental principles that determine the activities of the state and society of Tajikistan as an independent state and a member of the world community. The State ensures the primary rights and freedoms of man and citizen. Representatives of noble nationalities and nationalities live on the territory of Tajikistan. Therefore, the expression of respect and ensuring equality, friendship between all peoples and peoples is one of the basic principles of the constitutional system of the Tajik state. Chapter One of the Constitution of the Republic of Tajikistan covers the following foundations of the constitutional system, including the forms and essence of the state, forms of state administration, signs of state sovereignty of Tajikistan, the high cost of recognizing human rights and freedoms and the inviolability of his natural rights, the sovereignty of the people and its manifestations, the indivisibility and inviolability of the state border, sovereignty, independence and territorial integrity of Tajikistan on the basis of various political and ideological trends, the development of public life, the highest legal and direct action of the Republic of Tajikistan., the components of the legal regime of the republic on the creation of international legal acts recognized by Tajikistan, the internal and external peace-loving policy of Tajikistan, the creation of the basis of the economy of the republic of various forms of ownership, equality and legal protection of all types of property in the form and highest legal content have been created. The people of Tajikistan are committed to creating a conscious life, a social, democratic, legal, secular and social state, which is one of the main features and elements of any state and statehood, especially in the system of the constitutional system. Thus, the constitutional law of the Republic of Tajikistan is a set of legal requirements that, in accordance with the will and interests of the people, strengthen the foundations of the constitutional system of the Republic of Tajikistan as a sovereign democratic, legal, secular, unified and social state, regulate the legal foundations of man and citizen, the Constitutional Charter of the power of the people and indirect relations. The Constitution of the Republic of Tajikistan covers all international values, in accordance with the traditions and traditions of the Tajik people, all the norms of which are considered expressive goals, tasks, missions and aspirations of our people. Its norms contribute to the formation of legal branches and the improvement of the country's legislation, are of significant importance in the system of branches of law and legislation. It is on the basis of the requirements of the Constitution of the Republic of Tajikistan that constitutional laws and other normative legal acts were adopted, the purpose of which is to strengthen the foundations of statehood and legal regulation of various aspects of the political, economic, socio-cultural life of society and the state. All the normative legal acts in force in our country, in general, are an expression of a healthy process of legal reform in the country and provide a reliable basis for the development of society. The Constitution of the Republic of Tajikistan in the field of rule-making for the first time defined the concept of constitutional laws and defined the procedure for their adoption.

Another serious step towards the implementation of legal reform after the adoption of the Constitution of the Republic of Tajikistan was the introduction of the definition of the legislation of the Republic of Tajikistan into the system. On November 13, 1998, the Law of the Republic of Tajikistan “On Normative Legal Acts”was adopted to put in order the development, consideration and adoption of regulatory legal acts. In 2003, an improved law was adopted, in 2017, taking into account the development of public relations, this law was adopted in a new version.

Another issue on the way to implementing legal reform is the systematization and codification of normative legal acts, which should facilitate direct access of citizens to legislative acts. To achieve this goal, it was adopted on February 24, 2000, by Decree No. 138 of the President of the Republic of Tajikistan "On the complex of Laws of the Republic of Tajikistan". The text of this decree was further improved by another decree of the President of the Republic of Tajikistan dated December 26, 2001, No. 737. In accordance with this decree, the "code of Laws of the Republic of Tajikistan" is considered an official publication, its provisions are approved by this order.

In a democratic and legal state, where Tajikistan, in accordance with article 1 of the Constitution, has set its main goal-the adoption of laws regulating all spheres of political, economic, socio-cultural life of society, is a primary task, because peace and stability, peace of society, economic development, raising the standard of living of the people depend on the law and ensuring the rule of law. That is why the supreme legislative body, the Government of the Republic of Tajikistan, especially the President of the country, attaches special importance to the implementation of legal reform, the development and adoption of laws regulating various public relations.

In this regard, the legal reform that began after the adoption of the Constitution of the Republic of Tajikistan was continued. In recent years, the legislation of the Republic of Tajikistan, their compliance with the Constitution of the Republic of Tajikistan, laws, international legal acts recognized by Tajikistan, has been analyzed and adapted.

In international relations, the Republic of Tajikistan acts as an independent member of international law and strives to achieve peace and stability in its activities. The announcement of the” open doors " policy laid the foundation for cooperation with all foreign states, international organizations and organizations based on the principles of equality, friendship and mutual understanding. The adoption of a number of laws that meet international standards and norms, on the one hand, and the recognition of the most important international acts, on the other hand, has caused a new trend in the socio-political development of the country. The recognition by the Republic of Tajikistan of a number of universal international acts, including those devoted to human rights, is one of the most important achievements of our country. In this context, the Universal Declaration of Human Rights, the International Covenant on Political and Civil Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Elimination of Racial Discrimination, the International Convention on the Rights of the Child, the International Convention against Trafficking in Persons and the Use of Prostitution by Third Parties, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, The International Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment The Republic of Tajikistan has undertaken a number of obligations to introduce the norms of international law into national legislation and ensure compliance of national legislation with these obligations, as well as to provide national reports of the Republic of Tajikistan on the implementation of the provisions of these acts. International acts recognized by Tajikistan are an integral part of the country's legislative system. The application of international acts of Tajikistan is ensured by the adoption of regulatory legal acts and by making amendments and additions to existing regulatory legal acts.

With the adoption of the Constitution and the recognition of international acts, for the first time in the country's history, it became necessary to adopt a number of new laws and codes. The development and adoption of codes, including civil, family, family, labor, criminal, tax, customs and other codes, which are the founders of the legislative system of the relevant branches, in the content of their views reflect all the opinions and modern rights that they assume in the depth of the history of the civilized human mind.

        In the field of ensuring economic rights, there are laws of the Republic of Tajikistan" On investments", "On investment agreements", "On mineral resources", "On state registration of legal entities and individual entrepreneurs", "On food security", "On joint-stock companies", "On concessions", "On product sharing", "On public services", "On international commercial arbitration", "on arbitration courts" , as well as poverty reduction strategies",, The strategy for the development of the level of welfare for 2013-2015 and the national development strategy for the period up to 2015, and then for the period up to 2030. In order to bring the legislation in line with the norms of the World Trade Organization, the laws of the Republic of Tajikistan "on foreign trade activity", "on cryptography", "on industrial designs", "on geographical indications", "on legal protection of the topology of integrated circuits", "on trademarks and service marks" were adopted, a number of amendments and additions were made to laws, codes and by-laws.

In the field of social rights, the laws of the Republic of Tajikistan "On migration", "On health protection", "On social protection of disabled people", "On pension provision for citizens of the Republic of Tajikistan", "On prevention of domestic violence", "On education", "On protection of the population from tuberculosis", "On social services", as well as labor and family codes were adopted.

In connection with the regulation of criminal cases, the laws of the Republic of Tajikistan "on the conditions of detention of suspects, accused and defendants", "on state protection of participants in criminal proceedings", "on the system of execution of criminal punishment", "on combating terrorism", "on combating extremism", "on combating corruption", "on countering human trafficking and providing assistance to victims of human trafficking", as well as codes of criminal procedure and enforcement were adopted, A number of amendments and additions were made to the Criminal Code regarding the provision of criminal penalties for the use of torture, forced labor and the elimination of criminal liability for gifts and insults.

In order to bring the judicial system in line with international requirements, three judicial and legal reform programs are being implemented for the period 2007-2010, 2011-2013 and 2015-2017, currently judicial and legal reform programs for 2019-2021 are being implemented and are being implemented. As a result of the implementation of previous programs, the Constitutional Law of the Republic of Tajikistan" On Courts", the laws of the Republic of Tajikistan" On Advocacy and Advocacy"," On legal assistance", the Procedural Code on administrative offenses, the concept of providing free legal assistance to the population, as well as the Resolution of the Plenum of the Supreme Court of the Republic of Tajikistan" On the application by courts of the norms of international acts during the consideration of a case", which correspond to the recognized norms of the acts of Tajikistan, were adopted.

During the period of independence of the Republic of Tajikistan, especially in recent years, the legal reform has consistently continued. The programs of judicial and legal reform in the Republic of Tajikistan have been developed for certain years and specific measures have been taken to bring legislative acts and judicial practice in line with the requirements of modernity, to increase legal education of citizens, to implement free legal assistance and other issues related to strengthening legal reforms. Among them, the program of judicial and legal reform in the Republic of Tajikistan for 2011-2013, approved by the Decree of the President of the Republic of Tajikistan dated January 3, 2011, No. 976, and the program of judicial and legal reform in the Republic of Tajikistan for 2015-2017, approved by the Decree of the President of the Republic of Tajikistan dated January 5, 2015, No. 327, were approved. According to these programs, the Procedural Code of the Republic of Tajikistan, the constitutional laws "On the Constitutional Court of the Republic of Tajikistan" (in a new version), "On the Courts of the Republic of Tajikistan" (in a new version) were adopted.

In order to improve the law-making process and in order to put in order the definition of the legislative system of the Republic of Tajikistan, to determine the main directions, methods and methods of improving legislation, it became necessary to adopt an act, in general, which should solve all these problems. On this basis, the Concept of Forecasting the development of the legislation of Tajikistan was approved by the Decree of the President of the Republic of Tajikistan dated February 19, 2011, No. 1021, which for the first time in the history of law-making activity of independent Tajikistan, such a comprehensive document regulating the forecasts of the development of legislation was adopted. The main goal of the concept is to ensure the rule of law and the rule of law, improve legal reform taking into account the development of society, increase professional knowledge and legal education of citizens, increase the efficiency and ensure transparency of the activities of state authorities and local self-government, seriously solve the problems of coordination and compliance of all laws and their compliance with the Constitution of the Republic of Tajikistan, eliminate contradictions of legislative acts, ensure coordination and a unified legislative space in Tajikistan., bringing the legislation of the Republic of Tajikistan into compliance with international legal acts recognized by Tajikistan.

In recent years, serious attention has been paid to the interpretation of legislative acts. Only over the past two years, a mass scientific review of the laws of the Republic of Tajikistan "On combating terrorism" and "On combating extremism"has been prepared and published. An overview of the Constitutional Law of the Republic of Tajikistan "On Local State Authorities" has been published and is available to local state authorities. The commentary to the Law of the Republic of Tajikistan "On Normative Legal Acts" has been published and a good guide for law-making subjects has been developed. It should be noted that this area of activity has been developing in recent years and contributes to improving the legal education of citizens, which is one of the most important areas of activity of state bodies. In general, the normative activity and the system of legislation of the Republic of Tajikistan have been improved during the 30 years of state independence, and public relations have been regulated taking into account modern and advanced experience. The creation and strengthening of national statehood, taking into account the creation, development and implementation, as well as the strengthening of normative legal acts, strengthened the further process of ensuring stable development, strengthening the democratic foundations of society, effective state improvement and the existing system of legal relations. To achieve further goals, it is necessary to rely on universal and national values, be aware of the essence and creative and constructive content, comply with the normative legal acts in force in Tajikistan, create all conditions for strengthening and strengthening legislation more than at any time.

                                                       

            Valiev Davlater is a

                                                                                         journalist


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