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.