Eurasia Foundation of Central Asia: EFCA Gives Legal Help to Business in Tajikistan

Within the next three months, a Tajik legal consortium is initiating nine strategic court hearings relating to disputes between entrepreneurs and government agencies. The hearings are being initiated within the framework of the “Legal Support of Business in Tajikistan” project, which is being implemented with the participation of the Eurasia Foundation of Central Asia (EFCA) and the Embassy of the Kingdom of the Netherlands in Kazakhstan. The project’s primary goal is to increase the entrepreneurial community’s trust in court hearings as effective measures in defense of the rights and interests of business.

Each of the suits being planned may potentially create judicial precedent and, in the future, influence the policies of state agencies in their relations with entrepreneurs, which are extremely strained today in a number of areas.

A representative of the consortium, Rakhmatillo Zoyirov, remarked that these strategic cases can be understood as socially significant hearings that could resonate among the public and affect the interests of many of the country’s residents. “These hearings have long-term goals. Should the entrepreneurs win them, state agencies will take the court decisions into account in analogous situations in the future. This will safeguard entrepreneurs from unjustified claims.”

Four strategic cases will be presented in Dushanbe’s economic court, and five will be presented in the lower courts in the cities of Khujand and Istarawshan.

The consortium will give the entrepreneurs full legal support and provide their defense in court. Cooperation with other bodies engaged in supporting business and legal defense activities in the country was taken into account when organizing the consortium.

In 2008, four strategic cases were won. One of the clearest examples was a case won by the private communications company TV Somonien against the State Committee on Television and Radio of the Republic of Tajikistan. The Supreme Economic Court of the City of Dushanbe recognized as invalid a decision by the committee’s Licensing Commission that refused to issue a license to Samonien.

From the start of June 2007 until December 2008, more than 1,400 free legal consultations were provided to businesspeople of various levels.

For further information:

Eurasia Foundation of Central Asia