On February 8, 2022, in the conference hall of the Supreme Economic Court of the Republic of Tajikistan, in order to ensure the implementation of the decree of the President of the Republic of Tajikistan from September 15, 2011 No. AP-1729 and the plan for organizing and holding press conferences of ministries and departments, enterprises, institutions and other organizations, executive bodies of state power of the Gorno-Badakhshan Autonomous Region, regions, the city of Dushanbe, cities and districts, summing up the results of the activities of 2021, Approved by the Head of the Executive Office of the President of the Republic of Tajikistan under the No. 26/10-26 from January 18, 2022, with the participation of Senior Adviser and Assistant to the President of the Republic of Tajikistan for Legal Affairs Shonazarov S. A. and mass media representatives, a press conference was held.
Opening the press conference, the Chairman of the Supreme Economic Court of the Republic of Tajikistan, Kalandarzoda M. S., presented information on the results of the activities of the economic courts of the Republic of Tajikistan on the administration of justice in 2021 and perspective tasks for the first half of 2022.
She noted that the economic courts appreciate the consistent support of the judiciary system, by the Leader of the Nation, the President of the Republic of Tajikistan, dear Emomali Rahmon, and in order to ensure the implementation of the provisions of the Constitution, the Constitutional Law “On Courts of the Republic of Tajikistan” and the instructions from the Message of the President of the Majlisi Oli of Justice summed up the results of 2021 with the following indicators.
The results of the statistics’ analysis of the judicial activity in the administration of justice show that 3,824 applications (petitions) and complaints were received by the economic courts, 2,673 of them were considered. In particular, 1,718 cases were consided, proceedings on 130 cases were suspended, 11 applications were rejected due to there errors, 2 judicial acts on jurisdiction were issued and 1,140 other court decisions were made. The Court of cassation instance considered 345 cases, and the supervisory instance – 297 cases.
The largest number of disputes is related to credit relations – 460 cases. 387 applications and complaints challenging non-normative legal acts, decisions, actions (inaction) of state authorities and other bodies and officials, of which 306 relate to land relations. 108 statements on entrepreneurial activity, 157 claims on disputes between shareholders, reorganization, registration and liquidation of joint-stock companies, 377 cases on the execution of court decisions.
During the reporting period, individuals and legal entities paid 2,507,846.34 somoni to the state budget when filing claims (applications) to economic courts.
Claims for recovery of losses and bank loans for the same period in the amount of 254,264,720.31 somoni were made, of which 179,087,625.79 somoni were satisfied.
As a result of interaction with the Executive Service under the Government of the Republic of Tajikistan and other institutions and organizations, during the reporting period, the actual execution of judicial acts in the amount of 93,430,451.04 somoni (including the execution of judicial acts in 2018-2021) actually amounted to the amount of state duty and loans granted.
Compliance with the requirements of the Law of the Republic of Tajikistan “On Appeals of Individuals and Legal Entities” is under strict control, in this regard, 580 appeals were received by the office of economic courts in 2021, of which 74 complaints were filed against the actions of judges, as a result, the necessary measures were taken against 4 judges.
Admission of individuals and legal entities on Saturdays is carried out on a regular basis, during the reporting period, the head of the Supreme Economic Court and the chairmen of lower courts received 762 citizens, all complaints and appeals were considered and resolved.
Regarding of the implementation of the Decree of the President of the Republic of Tajikistan “On the response of officials to critical and analytical materials of the mass media” during this period, 5 materials were studied and the results were sent to the appropriate addresses.
Economic courts are also responsible for the implementation of the State Program of Legal Education of Citizens. Last year, 301 cases were considered in on-site court sessions. In 278 cases, law violations were revealed. In order to attract the attention of state bodies, public organizations and officials, private definitions have been issued and sent for execution.
At the same time, 966 speeches were made on central and local television and radio, as well as at meetings with the population, 125 popular scientific articles were published in print publications, 213 articles on Internet sites.
During this period, 20 generalizations of judicial practice were carried out and 16 proposals were sent to the relevant authorities to eliminate the causes of violations and shortcomings.
In order to increase the legal awareness of citizens, explaining to the population the norms of the current legislation and prevent offenses on Tajik television, 6 mock trials on the consideration of cases were broadcast in the program “Murofia”.
Regarding to the fulfillment of the obligations of the Republic of Tajikistan arising from international treaties, in 2021, the economic courts received only 17 judicial acts, of which 15 judicial acts have been executed and 2 court orders are under consideration.
In addition, during the specified period, the economic courts received and considered 9 applications for recognition and enforcement of decisions of foreign courts and foreign arbitrations (international commercial arbitrations and arbitration courts).
Improving the level of professional knowledge and skills of judges and staff of the economic courts is an important area of activity of the Supreme Economic Court. To achieve these goals, in particular, contributing to improving the quality of office work, the proper application of substantive and procedural law at the end of each month, seminars on legal issues are held, as well as 17 judges of economic courts and 13 employees of the economic courts staff in the Supreme Economic Court, 6 employees of the court staff at the Academy of Public Administration under the President of the Republic of Tajikistan and 2 employees at the Center for Advanced Training of the Tajik State University of Finance and Economics were retrained.
In terms of compliance with the rules of spelling of the Tajik language, regulatory legal acts concerning the State language have been issued and made available to judges of economic courts for official use.
Last year, the Law of the Republic of Tajikistan “On Access to information on the activities of courts” was adopted and entered into force.
In order to provide the public with information about the activities of courts, as well as to ensure the transparency of the activities of courts, the websites of economic courts are actively functioning on the network. The website regularly publishes information and news about the activities of the courts, as well as the date of consideration of economic cases, meetings with the public, and other events of economic courts.
The e-mail addresses of the management, judges and heads of structural divisions of the Supreme Economic Court are posted on the court’s website www.soi.tj , economic courts are actively working to conduct electronic work with participants in the case, other individuals and their representatives.
At the same time, in order to create a legal framework for the introduction of e- record keeping in economic courts, draft regulatory legal acts related to providing access to information about the activities of courts and introducing an electronic record keeping system, have been prepared and submitted to the relevant ministries and departments for approval.
At the entrance to the building of the Supreme Economic Court, a monitor is installed, which displays the date and time of the consideration of cases, the plan for the reception of individuals and legal entities by the leadership and judges, as well as announcements, the system automatically changes the information. Individuals and their representatives can freely receive information about the activities of economic courts.
During the reporting period, with the participation of representatives of ministries and departments, scientific and practical forums were held on the topics “Legal regulation of disputes on bankruptcy and liquidation of credit institutions: theory and practice”, “Consideration of water issues in economic courts”, “Economic courts on the axis of independence: – legal, administration of justice on the basis of equality of the parties and debate” and “Implementation of pasture legislation in practice: current state, problems and prospects” and summed up.
Despite all the achievements, some economic courts have shortcomings at their activities, including the cancellation of judicial acts, failure to ensure the consideration of cases within the time limits established by law, late preparation and receipt of court documents, protocols, non-compliance by individual judges with the current legislation, there are also cases of non-execution of judicial acts.
These circumstances require the economic courts of the country to work purposefully to eliminate shortcomings for a more effective organization of the activities of economic courts, ensuring the rule of law and the administration of justice, protecting the rights and interests of individuals and legal entities, ensuring legality and justice.
Therefore, it was entrusted with high professional responsibility to fulfill their legitimate duties, to conduct timely, comprehensive, complete and impartial consideration of court cases, to make lawful and reasonable decisions and thereby protect the rights and freedoms of man and citizen, timely implementation of state concepts, strategies and programs, including the Action Plan for the implementation of the State Anti-Corruption Strategy of the Republic of Tajikistan for the period up to 2030 for the first stage (2021-2025), the Action Plan for the implementation of the Education and Training Program to ensure the legitimate rights of citizens of the Republic of Tajikistan for 2020-2025 and others.
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