Article 85. A lawyer who is not younger than 30 years old and is not older
than 65 years old and have at least five years experience in the legal profession
snail be eligible for being elected and appointed as the judges of the Supreme
Court, the Supreme Economic Court, the Court of Badakhshan Mountainous
Autonomous Region, courts of regions and the city of Dushanbe.
A person who is not younger than 25 years old and is not older than 65 years
old and have at least three years experience in the legal profession shall be eligible
for being appointed as the judges of towns and districts, the Military court, the
Economic Court of Badakhshan Mountainous Autonomous Region, regions and
city of Dushanbe.
ArticSe 86. Judges of the Military Courts, judges of the Court of Badakhshan
Mountainous Autonomous Region, regions, city of Dushanbe, towns and districts,
as well as judges of the Economic Court of Badakhshan Mountainous Autonomous
Region, regions and city of Dushanbe shall be appointed and dismissed by the
President on the basis of resolution made by the Council of Justice.
Article 87. Judges shall be independent in their activities and subordinate only
to the Constitution and law. Interference in their activity shall be not permitted.
Article 88. Judges shall consider cases collectively or individually.
Court proceeding shall be carried out on the basis of the adversaria! system
and the equal rights of the parties.
The examination of cases in all courts shall be open, except the cases that are
stipulated by law.
Court proceeding shall take place in official language or the language of the
majority of the population of the place. Those people who do not know the
language of the court proceeding shall be provided with interpreter.
Article 89. The Constitutional Court consists of seven judges, one of whom is
a representative of the Badakhshan Mountainous Autonomous Region.
A lawyer who is not younger than 30 years, old and is not older than 65 years
old and have 10 years' experience in the legal profession shall be eligible for being
elected as the judges of the Constitutional Court.
The system of the Constitutional Court shall be:
1) to determine the conformity of laws, joint legal documents of the Majlisi
Milli and Majlisi Nantoyandagon, legal documents of the Majlisi Milli, the Majlisi
Namoyandagon, the President, the Government, the Supreme Court, Supreme
Economic Court, and other state and social authorities, as well as agreements that
have not entered into force in Tajikistan to the Constitutioa.
2) to resolve disputes between the state power on their authority;
3) to implement other duties stipulated by the Constitution and laws.
The acts of die Constitutional Court shall be final.