ADOPT AND DECLARE THE PRESENT CONSTITUTION

Chapter One
Basis of the Constitutional Government

Article 1. Republic of Tajikistan is a sovereign, democratic, legal, secular and unitary state.
Tajikistan is a social state whose policy is directed at creation conditions ensuring an honorable life and a free development of an individual.
"Republic of Tajikistan" and "Tajikistan" are interchangeable notions.

Article 2. The state language of Tajikistan is Tajik.
The Russian language is the language of international communication.
All nations and ethnic groups residing on the territory of the republic are free to use their native languages.

Article 3. The National symbols of the Republic of Tajikistan are Flag, Emblem, and Hymn.

Article 4. The capital of Tajikistan is the city of Dushanbe.

Article 5. Life, honor, dignity and other natural rights of an individual are inviolable.
Rights and freedoms of an individual are recognized, observed and protected by the state. 

Article 6. In Tajikistan, the people represent the bearer of the sovereignty and the single source of the state authority that is exercised directly, through its representatives.
The people of Tajikistan consist of the citizens of the Republic of Tajikistan irrelevant to their nationality.
Not a single organization, group of people or an individual has the right to usurp the state power.
Usurpation of power is a first-degree crime.
Only President or Majlisi Oli has the right to speak on behalf of the people of Tajikistan.

Article 7. The territory of Tajikistan is integral and inviolable.
Tajikistan consists of Gorno Badakhshan Autonomous Oblast, other oblasts, cities, districts, towns and villages.
State provides the sovereignty, independence and territorial integrity of the republic. Advocacy and activities aimed at violation of the state integrity are prohibited.

Article 8. Social life in Tajikistan is developed on the basis of a political and ideological pluralism.
No ideology, including religious, can be proclaimed as national ideology.
Public associations are established and act in the framework of the Constitution and laws. State administers them with equal rights in their activities.
Religious organizations are separated from the state and cannot interfere with the state affairs.
Establishment and implementation of the public associations advocating race, national, social and religious enmity or calling for a forced overthrow of the constitutional government and creation of armed forces are prohibited.

Article 9. State power is based on the principle of its sub-division into legislative, executive and judiciary.

Article 10. The Constitution of Tajikistan has supreme legal power, its regulations have a direct implementation. Laws and other legal acts that contradict the Constitution, do not have a legal power.
The state and all its bodies, officials, citizens and their associations are obliged to follow and implement the Constitution and the laws of the republic.
International legal treaties recognized by Tajikistan are a constituent part of the legal system of the republic. In a situation when laws of the republic contradict the recognized international legal treaties, the regulations of the international legal treaties are given priority.
The laws of Tajikistan and the recognized international legal treaties come into force after their official publication.

Article 11. Tajikistan, pursuing a peace-loving policy, respects the sovereignty and independence of other states, formulates its external policy on the basis of international norms.
Propaganda of war is prohibited.
Tajikistan, obeying the supreme interests of people, can join commonwealths and other international organizations as well as leave them, and establish relations with foreign countries.
The state cooperates with its compatriots abroad.

Article 12. The basis of the economy of Tajikistan consists of different forms of property.
The state guarantees freedom of the economic and entrepreneurship activities, equality and legal protection of all forms of property, including private.

Article 13. Land, its sub-soils, water and air surface, flora and fauna, and other natural recourses are the exceptional property of the state; and the state guarantees their effective use in the interests of the people.

Article Two
Rights, Freedoms, Essential Duties of an Individual and a Citizen

Article 14. Rights and freedoms of an individual and a citizen are regulated and protected by the Constitution, laws of the republic, and the international legal treaties recognized by Tajikistan.
Limitation of the rights and freedoms of citizens are admissible only with the purpose of provision of the rights and freedoms of other citizens, public order, protection of the constitutional government and territorial integrity of the republic.

Article 15. Citizen of Tajikistan is an individual who has been a citizen of the Republic of Tajikistan on the day of adoption of the Constitution.
Citizens of Tajikistan cannot enjoy citizenship of other states with the exception of the situations stipulated by law and intergovernmental treaties of Tajikistan.
Procedures stipulating acquirement and loss of citizenship are defined by the Constitutional law.

Article 16. Citizens of Tajikistan abroad are under state protection. Not one of the citizens of the republic can be extradicted to a foreign state. A criminal can be extradicted to a foreign state on the basis of a bilateral agreement.
Foreign citizens and persons without citizenship enjoy the declared rights and freedoms and have the duties and responsibilities equal to those of the citizens of Tajikistan with the exception of the situations stipulated by law.
Tajikistan can give a political refuge to foreign citizens having suffered violation of human rights.

Article 17. All are equal before the law and court. The state guarantees rights and freedoms of everyone irrelevant to his race, sex, language, faith, political views, education, social and property situation.
Men and women are equal.

Article 18. Everyone has a right to live.
No one can be deprived of life except for a trial sentence for a first-degree crime.
Immunity of an individual is guaranteed by the state. No one can be subjected to tortures, cruelty and inhuman treatment. Forced medical and scientific human experiments are prohibited.

Article 19. Legal defense is guaranteed to all. Everyone can claim his case be considered by a competent and an impartial court.
No one can be detained, arrested or exiled without legal grounds. An individual has the right to use the services of an attorney since the moment of detention.

Article 20. No one is considered guilty in a crime before the final court verdict.
No one can be tried after the expiration of the prosecuting time, and also for the deeds not considered crimes at the time of their commitment. No one can be tried twice for the same crime.
The law adopted after the illicit deed has been committed by an individual and foreseeing an increased punishment, cannot be applied retroactively. If the responsibility for an illicit deed has been abrogated or softened, the new law is applied.
Full confiscation of property of the convicted person is prohibited.

Article 21.Law protects the rights of the victim. The state guarantees the victim a court protection and compensation of the lost property.

Article 22. Home is inviolable.
Home intrusion and deprivation of an individual of his home is prohibited except for the situations stipulated by law.

Article 23. Privacy of correspondence, telephone conversations, teletype or other private communications is guaranteed with the exception of the situations stipulated by law.
Gathering, keeping and dissemination of an individual's private life without his consent are prohibited.

Article 24. A citizen has the right to move freely and choose a place of his residence, leave the republic and come back to it.

Article 25. State bodies, public associations and officials should provide everyone an opportunity to receive and get acquainted with the documents relating to his rights and interests, with the exception of situations defined by law.

Article 26. Everyone has the right to identify his religious attitudes, to confess any religion alone or with a group of people or not to confess any religion at all, practice religious cults, rituals and rites.

Article 27. A citizen has the right to participate in the political life of the country and government directly or through his representatives.
Citizens have an equal right for a state service.
Upon reaching the age of 18, a citizen has the right to elect or be elected.
Persons unfit to plead and those in confinement by court of law do not have the right to participate in elections and referendums.
Elections and referendums are held on the basis of a unitary, equal, direct voting by ballot.

Article 28. Citizens have the right to unite. A citizen has the right to participate in creation of political parties, trade unions and other public associations, join and leave them voluntarily.

Article 29. A citizen has the right to participate in gatherings, meetings, demonstrations and peace processions authorized by law. No one can be made participate in them involuntary.

Article 30. Everyone is guaranteed the freedom of speech, press and the right to use mass media.
State censorship and persecution for criticism are prohibited.
The check list of information constituting the state secret is identified by law.

Article 31. Citizens have the right to apply to the state bodies on their own or along with others.

Article 32. Everyone has the property and inheritance rights.
No one has the right to deprive a citizen of his property. Confiscation of personal property by the state for public needs is legitimate only by law and with the agreement of the owner and with a full compensation of the costs.

Material and moral loss suffered by an individual as a result of illegal acts of the state bodies, public associations and other individuals is entitled to compensation in accordance with the law and at their expense.

Article 33. Family, as a basis of society, is protected by government.
Everyone has a right to create a family. Men and women of marriage age have the right for marriage. In marriage and after a divorce the spouses have equal rights. Polygamy is prohibited.

Article 34. Mother and child are under a special protection and patronage of the state.
Parents are responsible for children upbringing; adult and employable children should take care of their parents.
The state takes care of the orphans and disabled children, their upbringing and education.

Article 35. Everyone has the right for labor, professional choice, employment, labor protection and social security against unemployment. Salary should not be lower than minimal wages.
Any labor restrictions are prohibited. Equal labor is paid equally.
No one can be involved in forced labor, with the exception of the situations stipulated by law. Use of women's and child's labor in the extreme conditions or underground is prohibited.

Article 36. Everyone has a right for housing. This right is provided by way of a state, public, cooperative and individual house construction.

Article 37. Everyone has a right for recreation. This right is provided by way of establishment of the length of a working day and week, allocation of a paid annual leave, weekends and other conditions stipulated by law.

Article 38. Everyone has the right for health care. This right is provided by free medical care in state medical facilities, by measures on the environmental protection and the development of mass sports, physical culture and tourism.

Other forms of medical care are stipulated by law.

Article 39. Everyone is guaranteed social security in old age, on the occasion of illness, disability, disablement, loss of breadwinner and other occasions stipulated by law.

Article 40. Everyone has the right for free participation in the cultural life of the society, art, scientific and technical creativity and the use of their achievements.
Cultural and spiritual values are protected by law.
Intellectual property is protected by law.

Article 41. Everyone has the right for education. Basic comprehensive education is compulsory. The state guarantees free high school and vocational training through state educational institutions, and, in accordance with the capacities and on a competitive basis, college and university education.
Other forms of education are defined by law.

Article 42. On the territory of Tajikistan, everyone is obliged to observe its Constitution and laws, respect rights, freedoms and dignity of other people.
Law ignorance does not remove the responsibility.

Article 43. Defense of Motherland, protection of the states interests, strengthening of its independence and defensive power is a sacred Duty of a citizen.
Military service procedure is defined by law.

Article 44. Protection of nature, historical and cultural monuments is everyone's duty.

Article 45. Payment of taxes and fees identified by law is everyone's duty.
Laws stipulating new taxes or decreasing the economic situation of a citizen are not retroactive.

Article 46. In a situation of a real threat to the rights and freedoms of citizens, state's independence and integrity, natural disasters resulting in a failure of normal functioning of the constitutional bodies, emergency situation may be declared as a temporary measure.
The emergency situation period is defined up to three months. When necessary, this period can be extended by President of the Republic of Tajikistan.

Article 47. In an emergency situation rights and freedoms stipulated in Articles 16, 17, 18, 19, 20, 22, 25 and 28 of the Constitution cannot be restricted.
Majlisi Oli is not dissolved in an emergency.
The legal regime of the emergency situation is stipulated by the Constitutional law.

Chapter Three
Majlisi Oli

Article 48. Majlisi Oli is the supreme representative and legislative body of the Republic of Tajikistan.
Majlisi Oli is elected for a period of five years.
Persons under the age of 25 are not elected to Majlisi Oli.
The structure and activity of Majlisi Oli is defined by the Constitutional law.

Article 49. Terms of reference of Majlisi Oli are as follows:
1. Adoption and introduction of changes into laws and resolutions, and their reversal;
2. Interpretation of the Constitution and laws;
3. Identification of the main trends of the external and internal policy of the country;
4. Formation of the Central Commission on elections and referendums;
5. Referendum announcement;
6. Presentation of draft laws and other important state and public issues for the people's consideration;
7. Call for Presidential elections;
8. Call for the supreme and local representative bodies election;
9. Approval of formation and reformation of ministries and government committees;
10. Ratification of Presidential Decrees on appointment and recall of Prime Minister and other members of the government;
11. Ratification of Presidential Decrees on appointment and recall of the Chairman of the National Bank and his deputies;
12. Election and recall of the chairman, deputy chairmen and judges of the Constitutional Court, Supreme Court, Supreme Economic Court by recommendation of President of the republic;
13. Approval of appointment and recall of the Prosecutor General and his deputies;
14. Ratification of socioeconomic programs, approval of rendering economic assistance to other countries;
15. Ratification of the state budget, identification of a potential state budget deficit and sources of its recovery, budget control , identification of the tax policy, and approval of allocation and reception of a state loan;
16. Identification of the monetary system;
17. Identification of the structure, formation and change of the administrative-territorial units. When necessary and upon its own initiative, change of the administrative-territorial units borders;
18. Ratification and denunciation of the international treaties;
19. Formation of courts;
20. Ratification of Presidential decrees on the military and emergency situations;
21. Establishment of the state rewards; 
22. Establishment of military ranks, diplomatic ranks and other special ranks;
23. Establishment of the state symbols;
24. Declaration of general amnesty;
25. Abolishment of resolutions of Majlisi Oli when contradictory to the Constitution and laws;
26. Implementation of such other duties as stipulated by the Constitution and laws.

Article 50. The main form of activity of Majlisi Oli is a session.
Session of Majlisi Oli is convened at least twice a year.
Session of Majlisi Oli is competent if not less than two thirds of the total number of people's delegates participate in it.
The first session of Majlisi Oli is convened by the Central Commission on elections and referendums a month after the people's delegates elections.

Article 51. To organize the work of Majlisi Oli and implementation of its terms of reference stipulated by the Constitution and laws, Presidium of Majlisi Oli is established headed by Chairman of Majlisi Oli.
Presidium of Majlisi Oli consists of Chairman of Majlisi Oli, his first deputy and other deputies, chairmen of committees and permanent commissions of Majlisi Oli.
Other people's delegates can be elected to the Presidium of Majlisi Oli by Majlisi Oli.

Article 52. Following are the terms of reference for Majlisi Oli:
1. Convention of Majlisi Oli;
2. Organization procedures for Majlisi Oli sessions;
3. Coordination of activities of the committees and permanent commissions of Majlisi Oli;
4. Organization of inter-parliamentary relations;
5. Control over the printing offices of Majlisi Oli, appointment and recall of their chief editors;
6. Approval of the appointment and recall of the Heads of diplomatic missions of Tajikistan in foreign countries and representatives of the republic in international organizations;
7. Implementation of such other duties as stipulated by the Constitution and laws.
8. Presidium of Majlisi Oli adopts resolutions as defined by its terms of reference.

Article 53. Majlisi Oli elects, from among the people's delegates, Chairman of Majlisi Oli, his first deputy and other deputies, chairmen of committees and permanent commissions of Majlisi Oli. One of the deputies of Chairman of Majlisi Oli is a people's delegate of Gorno Badakhshan Autonomous Oblast.
Chairman of Majlisi Oli is elected by ballot by the majority of people's delegates.

Article 54. Chairman of Majlisi Oli has the following terms of reference:
1. Supervise preparation of items for the sessions' agenda;
2. Chair the sessions of Majlisi Oli and its Presidium;
3. Presentation to Majlisi Oli candidates for the positions of the first deputy and other deputies of Chairman of Majlisi Oli, chairmen of committees and permanent commissions of Majlisi Oli;
4. Signing resolutions of Majlisi Oli and resolutions of its Presidium;
5. Representation of Majlisi Oli in and outside the country;
6. Signing of international treaties;
7. Supervising the office of Majlisi Oli, issuing decrees;
8. Implementation of such other duties as stipulated by the Constitution and laws.

Article 55. The first deputy and other deputies of Chairman of Majlisi Oli carry out some of Chairman functions at his empowerment. In the absence of Chairman of Majlisi Oli, his functions are carried out by his first deputy.

Article 56. To carry out legislative activities, control functions, preliminary consideration and preparation of the items, Majlisi Oli elects delegates committees and permanent commissions.
When necessary, Majlisi Oli can establish investigative, audit and other temporary commissions.

Article 57. Officials should provide a people's delegate with the information necessary for the implementation of his duties with the exception of the situations defined by law.
A people's delegate has the right of a free opinion and a free vote.

Article 58. People's delegate on permanent assignment with Majlisi Oli, cannot occupy any other position, get involved in entrepreneurship activities besides creative and scientific.
Citizen of Tajikistan cannot be a delegate of two or more representative bodies at the same time.

Article 59. People's delegate enjoys the right of integrity. He cannot be arrested, detained, imposed to a penalty on trial without the consent of Majlisi Oli. Without the consent of Majlisi Oli, a people's delegate cannot be detained with the exception of detention at the crime scene.
Terms of reference of a people's delegate end at resignation, judicial knowledge of his disability or upon a justified decision of Majlisi Oli. 
Legal status of a people's delegate is defined by the Constitutional law.

Article 60.The right of a legislative initiative stays with people's delegate, President, Government, Constitutional Court, Supreme Court, Supreme Economic Court and Majlis of People's Delegates of Gorno Badakhshan Autonomous Oblast.

Article 61. Laws of Tajikistan and resolutions of Majlisi Oli are adopted by a majority of votes of people's delegates.
Constitutional laws are adopted by not less than two thirds of votes of people's delegates.

Article 62. Laws of Tajikistan are presented to President for his signature. If President does not agree with the law he returns it with his feedback to Majlisi Oli during fifteen days. If Majlisi Oli reconfirms its decision by two thirds of votes, President signs the law. If President does not return the law during the agreed period of time, he is obliged to sign it.

Article 63. Majlisi Oli can dissolve itself ahead of schedule upon the consent of two thirds of people's delegates.

On all occasions, terms of reference of people's delegates end at the opening of the first session of Majlisi Oli of a new convention.

Chapter Four
President

Article 64. President of the Republic of Tajikistan is head of state and of the executive power (of the Government).
President is a guarantor of the Constitution and laws, rights and freedoms of an individual and a citizen, unity and territorial integrity, continuity and durability of the country, coordinated functioning and cooperation of the state bodies, observance of international treaties of Tajikistan.

Article 65. President is elected by the citizens of Tajikistan on the basis of a general, equal and direct voting by ballot for a period of five years.

Every citizen aged from 35 to 65, speaking the state language and residing on the territory of Tajikistan for not less than the last 10 years, can be nominated for the position of President of the republic.
Candidate for Presidency can be registered if not less than 5% of the electorate sign in his favor.
The same person cannot serve more than two Presidential terms.

Article 66. Presidential elections are considered successful if over half of electorate participated in them.
A candidate is considered elected President if he got the voices of 
two thirds of the electorate that participated in the elections.
The procedure of Presidential elections is stipulated by the Constitutional law.

Article 67. Before coming into office, President takes an oath at the meeting of Majlisi Oli.
"I, as President, swear to protect the Constitution and laws of the republic, guarantee the rights, freedoms, honor and dignity of the citizens, protect territorial integrity, political, economic and cultural independence of Tajikistan, devotedly serve the people."
Terms of reference of President end from the moment the newly elected President takes an oath.

Article 68. President has no right to occupy any other position, be a delegate of representative bodies, involved into entrepreneurship.
Salary of President is established by Majlisi Oli.

Article 69. President of the Republic of Tajikistan:
1. Represents Tajikistan in the country and in the international relations;
2. Upon approval of Majlisi Oli, forms and vacates ministries and state committees;
3. Appoints and recalls Prime Minister and other members of the Government and presents the corresponding decrees for approval to Majlisi Oli;
4. Appoints and recalls Chairman of the National Bank, his deputies, and presents the corresponding decrees for approval to Majlisi Oli;
5. Establishes the executive office of President;
6. Appoints and recalls chairmen of Gorno Badakhshan Autonomous Oblast, other oblasts, the city of Dushanbe, cities and districts, presents them for nomination to the corresponding Majlis of people' delegates;
7. Presents to Majlisi Oli candidates, for elections and recall, of Chairman, deputy chairmen and judges of the Constitutional Court, Supreme Court, Supreme Economic Court;
8. Upon approval of Majlisi Oli, appoints and recalls Prosecutor General and his deputies;
9. Upon recommendation of the Minister of Justice, appoints and recalls judges of military courts, Gorno Badakhshan Autonomous Oblast Court, other oblasts courts, the city of Dushanbe, cities and districts courts. 
10. Controls the Reserve Fund and informs Majlisssi Oli of its expenditures;
11. Presents his suggestions on the definition of the monetary system to Majlisi Oli;
12. Signs laws;
13. Stops or suspends implementation of the acts of the state executive bodies when contradictory to the Constitution and laws;
14. Leads the external policy, signs international treaties and presents them for consideration to Majlisi Oli;
15. Upon approval of Majlisi Oli, appoints Heads of diplomatic missions in foreign countries and representatives of the republic in international organizations;
16. Receives credentials of the Heads of diplomatic missions of foreign countries;
17. Acts as Supreme Commander of the Military Forces of Tajikistan; appoints and recalls commanders-in-chief of the Military Forces of Tajikistan;
18. At a real threat to the state security, declares martial law with the corresponding Decree presented for approval by Majlisi Oli;
19. Declares emergency situation on the whole territory of the republic or in selected areas, with the corresponding Decree immediately presented for approval of Majlisi Oli and with information delivered to the United Nations Organization;
20. Establishes the Security Council and chairs it;
21. Affords political refuge;
22. Admits to citizenship and loss of citizenship;
23. Affords Presidential clemency;
24. Promotes to highest military ranks, Diplomatic ranks and other special ranks;
25. Awards citizens with the state rewards, state premiums and honorary titles of Tajikistan. Implements such other duties as stipulated by the Constitution and laws.

Article 70. Within his terms of reference, President issues decrees and resolutions, informs Majlisi Oli of the situation in the country, presents important and necessary items on the Majlisi Oli agenda.

Article 71. In case of death, retirement, resignation and disability of President, his duties, till newly elected President is inaugurated, are passed to the Chairman of Majlisi Oli. Duties of the Chairman of Majlisi Oli pass to his first deputy.
In such a situation, Presidential elections are held in three months time.
Pre-term suspension of Presidential duties is decided by a majority of votes of people's delegates of Majlisi Oli with the exception of the situation stipulated by Article 72.

Article 72. President has the right of integrity.
If President breaks his oath or commits a crime, Majlisi Oli, upon decision of the Constitutional Court and a special commission of Majlisi Oli recalls President from his position by two thirds of votes.
Accusation of President in breaking his oath or committing a crime is presented by no less than one third of people's delegates. In this case, a special session of Majlisi Oli is headed by Chairman of the Supreme Court. People's delegates swear that in considering this issue they will act in accordance with their conscience, law and justice.
After President is released from his position, investigation continues, he is charged and the case goes to a court of law.

Chapter Five
Government

Article 73. Government consists of Prime Minister, his first deputy and other deputies, ministers, chairmen of state committees.
Government ensures an effective leadership in economic, social and spiritual functioning, implementation of laws, decisions of Majlisi Oli, decrees and resolutions of President.
Members of the Government have no right to occupy other positions, be delegates of executive bodies, involved into entrepreneurship.

Article 74. Government, in accordance with the Constitution and laws of the republic, issues decisions and resolutions obligatory for implementation on the territory of Tajikistan.
Government resigns when a new President is elected.
In case Government recognizes its incapacity to normally function it can submit a resignation request to President. Each member of Government has the right for resignation.
The organizational and implementation procedures, and terms of reference of the Government are defined by the Constitutional law.

Article 75. Government presents socioeconomic programs, issues of allocating and receiving state loans, the potential state budget deficit, and sources of its recovery for consideration of Majlisi Oli.

Chapter Six
Local Government

Article 76. Local government consists of representative and executive bodies that act within their terms of reference. They ensure implementation of the Constitution, laws, acts of Majlisi Oli and President.

Article 77. Local government is represented in oblasts, cities and districts by Majlis of people's delegates headed by Chairman. Delegates of a local majlis are elected for five years.
Majlis of people's delegates ratifies the local budget and budget report, identifies the trends of the local socioeconomic development, local taxes and fees in accordance with law, defines local governance and ways of managing communal property, implements such other duties stipulated by the Constitution and laws.

Article 78. Local executive power is exercised by a representative of President - oblast, city or district chairman.
Representative and executive power of the corresponding administrative-territorial units is headed by chairman.
Chairman of Gorno Badakhshan Autonomous Oblast, other oblasts, the city of Dushanbe, cities and districts are appointed and recalled by President who presents the candidates for approval to the corresponding majlis of people's delegates.
Chairman is responsible before a supervising executive body and the corresponding Majlis of people's delegates.
Village self-governance is represented by a djamoat.
Local organizational and implementation procedures, terms of reference are defined by the Constitutional law.

Article 79. Representative bodies and chairman, within their terms of reference, adopt legal acts obligatory for implementation on a corresponding territory.
When contradicting the Constitution and laws of representative bodies and chairman, they are declined by the supervising bodies and court of law.

Article 80. In a situation of a systematic neglect of Constitution and laws by a majlis of people's delegates of Gorno Badakhshan Autonomous Oblast, other oblasts, the city of Dushanbe, cities and districts, Majlisi Oli has the right to dissolve it and nominate new elections. 

Chapter Seven
Gorno Badakhshan Autonomous Oblast

Article 81. Gorno Badakhshan Autonomous Oblast is a constituent and integral part of the Republic of Tajikistan.
It is prohibited to change the borders of Gorno Badakhshan Autonomous Oblast without approval of the majlis of people's delegates.

Article 82. People's delegates of Tajikistan representing Gorno Badakhshan Autonomous Oblast are elected in accordance with law irregardless of the number of population.

Article 83. Gorno Badakhshan Autonomous Oblast terms of reference in a social, economic, cultural spheres and such other duties are defined by the Constitutional law.

Chapter Eight
Court

Article 84. Judicial power is independent, it protects the rights and freedoms of an individual, the interests of the state, organizations, institutions, legality and justice.
Judicial power is exercised by the Constitutional Court, Supreme Court, Supreme Economic Court, Military Court, the court of Gorno Badakhshan Autonomous Oblast, other oblasts, the city of Dushanbe, city and district courts.
Organizational and implementation procedures of courts are defined by the Constitutional law.
Judges serve five years.
Establishment of emergency courts is prohibited.

Article 85. Positions of judges for the Supreme Court, Supreme Economic Court, Military court, oblast courts and the court of the city of Dushanbe can be occupied by elected and appointed lawyers not younger than 30 and not older than 60 years old, with the work experience in the position of a judge for at least five years.
Positions of judges for the city and district courts can be occupied by persons not younger than 25 and not older than 60 years old, with the work experience in the position of a judge for at least three years.

Article 86. Judges of the military court, the court of Gorno Badakhshan Autonomous Oblast, other oblasts, the city of Dushanbe, city and district courts are appointed and recalled by President at the recommendation of the Minister of Justice.

Article 87. Judges are independent in their work complying only with the Constitution and law. Interference into their work is prohibited.

Article 88. Judge cases may be collegial or sole.
Litigation is implemented on the basis of competitiveness and equality of sides.
Hearings in all courts are open except the cases stipulated by law.
Proceedings are held in the state language or the language used by the majority of the population of the area. Persons not speaking the language of the proceedings are provided with an interpreter. 

Article 89. Constitutional Court consists of seven people one of whom is a representative of Gorno Badakhshan Autonomous Oblast.
Judges of the Constitutional Court are elected from among the lawyers not younger that 30 and not older than 60 years old, with the work experience of at least ten years.
Following are the terms of reference of the Constitutional Court:
1. Identification of the congruence of the Constitution, laws, legal acts of Majlisi Oli, President, Government, Supreme Court, Supreme Economic Court and other state and public bodies, and the treaties of Tajikistan that have not come into legal force;
2. Adjustments of disputes between state bodies with regard to their competence;
3. Implementation of such other duties as stipulated by the Constitution and laws.
Decision of the Constitutional Court is final.

Article 90. A judge cannot occupy any other position, be a delegate of representative bodies, member of political parties and associations, involved into entrepreneurship with the exception of scientific, creative and pedagogical activities.

Article 91. A judge has the right of integrity.
A judge cannot be arrested or accused of a crime without approval of the body that elected or appointed him.
A judge cannot be detained with the exception of detention at a crime scene.

Article 92. Legal assistance is guaranteed at all stages of the investigation and trial.
Organizational and implementation procedures of the advocacy as well as other forms of legal assistance are defined by the Constitutional law.

Chapter Nine
Prosecution

Article 93. Control over the precise and unified implementation of laws on the territory of Tajikistan is exercised by the Prosecutor General and prosecutors supervised by him within their terms of reference.

Article 94. The unified and centralized system of the prosecution of Tajikistan is headed by the Prosecutor General. The Prosecutor General reports to Majlisi Oli and President.

Article 95. The Prosecutor General of Tajikistan is appointed for the period of five years.
Prosecutor General appoints and recalls prosecutors supervised by him. Prosecutors are appointed for a period of five years.
Activity, terms of reference and the structure of the prosecution is regulated by law.

Article 96. Prosecutor General and the prosecutors supervised by him implement their functions independently from other state bodies, officials and comply only with law.

Article 97. Prosecutor cannot take any other position, be a delegate of representative bodies, member of political parties and associations, involved into entrepreneurship, with the exception of scientific, pedagogical and creative activities.

Chapter Ten
Constitution Changes Procedure

Article 98. Changes and amendments to the Constitution are introduced through a referendum.
Referendum is held if two thirds of people's delegates voted in its favor.
Referendum procedure is defined by the Constitutional law.

Article 99. Proposals on changes and amendments to the Constitution are introduced by President or by at least one third of people's delegates of Tajikistan. Proposals on changes and amendments to the Constitution are published by mass media three months before the referendum.

Article 100. Republican form of governance, territorial integrity, democratic, legal, secular and social essence of the state is unamended.