Tajikistan - annual report 2013

Länderbericht Tadschikistan 2013Seminar on legislative procedure and technique in the Ministry of Justice in Dushanbe

General – Conceptual orientation

Legal policy starting point

The President, who has now been in power for more than 20 years, was re-elected in the presidential elections which took place in November 2013. In the course of the formation of a government, many posts were re-occupied and both institutions and responsibilities were restructured since the Tadjik State continues to struggle with the social and economic consequences of its turbulent recent history. The reform projects of the Tadjik judiciary and the transformation processes which have been launched are advancing only slowly. There has so far been little real progress towards the rule of law or in combating corruption.

Cooperation to date

The IRZ's consultation in Tajikistan focuses on the Ministry of Justice, which remains under the same management after the formation of the new government. There are good contacts at the management and operational levels. In addition to the intensive, comprehensive and extensive continuation of the consultation on coercive execution, including accompanying statutes, the topics of legislative procedure and legislative technique, as well as the law on investment, which is extremely topical for Tajikistan, were dealt with at the local events for the first time.

Major partner

  • Ministry of Justice

Strategy and method

Tajikistan's reform projects in the judiciary and court system are extensive. For this reason, the IRZ's legal consultation focuses, firstly, on fundamental questions such as legislative technique and quality of statutes and, secondly, on specific legal provisions which are to be reformed or drafted from scratch. This approach has proven to be particularly expedient and efficient. In addition to the aspects of legislative consultation and legal comparison, international seminars are to enable the representatives of various Tadjik institutions to be actively involved in the reform processes while engaging in the exchange with German experts.

Foci of activity in 2013

Civil and commercial law

  • Working meetings with German experts in Dushanbe on the successful conclusion of the consultation on the law on coercive execution, including execution on real assets
  • Workshop on the law on coercive execution, encompassing an analysis and re-working of the Coercive Execution Act, service instructions for bailiffs and other related fields of law (auctions and mortgages) in Berlin
  • Visit to a forced auction at the abovementioned workshop to provide insight into the activity of bailiffs
  • Seminar on investment protection law with representatives of the Ministry of Justice, topics: foreign investment, relevant national and international legislation, investment agreements and arbitration jurisdiction

Administration of justice

  • Seminar on legislative procedure and technique in Dushanbe, topics: powers of Parliament, the Government, the Bundesrat and the Federal President, requirements of statutes in terms of legal technique and legal systematics, interpretation of legal provisions and ratification of international agreements

Outlook

The IRZ will be continuing its cooperation with the Ministry of Justice in 2014 and intensifying the expert exchange on the topic of the law on investment, also using practical examples.

Tajikistan - annual report 2016

tadschikistan 1

Working meeting at the German Institution of Arbitration during the study trip by representatives of the Tajik Ministry of Justice

Strategic Framework

Legal Policy Starting Point

Since obtaining its independence, Tajikistan has faced political and economic tensions. The political system in Tajikistan is institutionally not particularly strong and displays structures which are not free of personal dependencies. Long-term legal and judicial reform projects are initiated regularly. However, endeavours to make progress with necessary reforms are hampered by inadequately functioning state administrative and judicial structures, so that progress is only evident on a small scale.

The fragile security policy stability of recent years, the lack of future economic prospects and corruption have led to apathy by the population in connection with political processes in recent years.

In May 2016 several constitutional amendments were accepted in a referendum, including the possibility of the life-long presidency of the State President Rahmon as well as the reduction of the minimum age for presidential office to 30 years of age.

International support in the legal sphere remains essentially important for Tajikistan, which is burdened by stagnation and poverty.

Overall Concept

Consultation provided by the IRZ mainly concentrates on the subjects of investment law and arbitration in cooperation with the Ministry of Justice and the newly established International Arbitration Tribunal of the Chamber of Industry and Commerce of the Republic of Tajikistan.

Foci of Activity 2016

Civil and Commercial Law

  • Study trip to Germany by representatives of the Ministry of Justice on the subjects of investment law and arbitration
  • Seminar on investment protection law and arbitration with the Ministry of Justice in Dushanb
  • Advice to the working groups in the newly established International Arbitration Tribunal of the Chamber of Commerce and Industry of the Republic of Tajikistan

Outlook

The IRZ will continue its cooperation with the Ministry of Justice and the International Arbitration Tribunal of the Chamber of Commerce and Industry of the Republic of Tajikistan in 2017.

Download the entire IRZ annual report in PDF format here: annual report 2016.

Tajikistan - annual report 2017

Legal Policy Situation

Tajikistan, struggling with stagnation, continues to face major economic and political challenges. Despite many resources including water, gas, precious metals and natural resources, the country is still among the poorest countries in the world. Thus, it is fighting massive waves of emigration, particularly of the young generation, which is plagued by unemployment.

As Tajikistan lies in a persistently fragile region, sharing a border of more than 1,000 kilometres with Afghanistan, it also finds itself in a rather isolated spot in terms of security policy. Following the death of the Uzbek President, however, relations with the neighbouring country of Uzbekistan have improved considerably: the two countries took their first steps towards defining and marking the border and promoting trade.

The legal and judicial reform projects that have been initiated, however, are only progressing slowly. The transformation process continues to focus on the fight against corruption as well as on endeavours to apply legal protection vigorously, to implement effective administrative and judicial structures and to align human rights with international standards. The EU remains the most important partner of Central Asian countries, also in terms of trade. Initiatives to promote market economy structures and to improve the investment climate are particularly significant to the region and continue to be highly topical.

Overall Concept

In the year under review, the IRZ’s measures focussing on investment law were implemented with the International Arbitration Tribunal of the Chamber of Industry and Commerce of the Republic of Tajikistan, which was founded in 2016. These included two events in Dushanbe and a study trip to Germany.

In the last two years, the experts of the Association of German Chambers of Commerce and Industry (DIHK) and the German Institution of Arbitration (DIS), who were appointed by the IRZ, collaborating with the extremely committed Tajik Arbitration Working Group, developed arbitration rules and other regulations that both meet international standards as well as taking into account the conditions in a post-Soviet state.

In particular, the new arbitration rules for the International Arbitration Tribunal were completed successfully in terms of content and editorial work in the year under review, as were the rules on fees of the International Arbitration Tribunal, the rules for rapporteurs and the secretariat of the International Arbitration Tribunal.

They managed to examine critically many elements characteristic of postSoviet countries and to remove them from the draft arbitration rules. One example of this is the separation of national and international arbitration proceedings. The arbitration rules now cover both domestic and international disputes without limitations. This is in line with international practice and ensures uniform access to arbitration for different parties and extends the Arbitration Tribunal’s competence.

Furthermore, the IRZ assisted the Arbitration Tribunal in translating the arbitration rules into English. The English version is indispensable in arbitration proceedings with foreign participation. It contributes clearly to the international orientation of the new Tajik arbitration authority even in its early stages of activity.

The very young Tajik arbitration was built on a foundation of solid regulations complying with international standards in close cooperation between their ambitious leadership and German experts. It requires further regional and international ties, professionalisation of practical procedures and further training of staff employed in the field in order to be developed further and to earn recognition.

Foci of Activity 2017

Constitutional Law/Human Rights and their Enforceability

  • Participation in the third national forum on the rule of law to determine the further development regarding legal policy in Dushanbe

Civil and Commercial Law

  • Workshops to develop arbitration rules and accompanying regulations with the working group of the International Arbitration Tribunal at the Chamber of Commerce and Industry of the Republic of Tajikistan in Dushanbe
  • Study trip by the delegation of the International Arbitration Tribunal to the Chamber of Commerce and Industry of the Republic of Tajikistan to Berlin and Hamburg on the topic of “Practice of Arbitration Law and Administration of Arbitration”

Outlook

The plan for 2018 is to keep providing support in the area of arbitration. The cooperation will focus on training courses for arbitrators and arbitration staff.

Furthermore, the Tajik law on arbitration, which falls short on many levels, is to be revised, specifically by including the contents of the UNCITRAL Model Law. It seems sensible to consider supporting the relevant working group, which has already been established for this purpose, through international consultations.