BODIES OF STATE AUTHORITY
LOCAL ADMINISTRATION AND SELF-GOVERNANCE
ADM. DIVISION, PART 1
ADM. DIVISION, PART 2
We, people of Tajikistan, being an integral part of the world community, aware of our duty and our responsibility before the past, present and future generations, understanding the necessity of providing sovereignty and development of our state, acknowledging the inviolable freedom and rights of an individual, respecting equality and friendship of all nations, setting up a mission of creation a just society,
ADOPT AND DECLARE THE PRESENT CONSTITUTION
Article 1. Republic of Tajikistan is a sovereign, democratic, legal, secular and unitary state.
Article 2. The state language of Tajikistan is Tajik.
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.
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.
Article 7. The territory of Tajikistan is integral and inviolable.
Article 8. Social life in Tajikistan is developed on the basis of a political and ideological pluralism.
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.
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.
Article 12. The basis of the economy of Tajikistan consists of different forms of property.
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 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.
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.
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.
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.
Article 18. Everyone has a right to live.
Article 19. Legal defense is guaranteed to all. Everyone can claim his case be considered by a competent and an impartial court.
Article 20. No one is considered guilty in a crime before the final court verdict.
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.
Article 23. Privacy of correspondence, telephone conversations, teletype or other private communications is guaranteed with the exception of the situations stipulated by law.
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.
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.
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.
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.
Article 34. Mother and child are under a special protection and patronage of the state.
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.
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.
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.
Article 42. On the territory of Tajikistan, everyone is obliged to observe its Constitution and laws, respect rights, freedoms and dignity of other people.
Article 43. Defense of Motherland, protection of the states interests, strengthening of its independence and defensive power is a sacred Duty of a citizen.
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.
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.
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.
Article 48. Majlisi Oli is the supreme representative and legislative body of the Republic of Tajikistan.
Article 49. Terms of reference of Majlisi Oli are as follows:
Article 50. The main form of activity of Majlisi Oli is a session.
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.
Article 52. Following are the terms of reference for Majlisi Oli:
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.
Article 54. Chairman of Majlisi Oli has the following terms of reference:
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.
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.
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.
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.
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.
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.
Article 64. President of the Republic of Tajikistan is head of state and of the executive power (of the Government).
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.
Article 66. Presidential elections are considered successful if over half of electorate participated in them.
Article 67. Before coming into office, President takes an oath at the meeting of Majlisi Oli.
Article 68. President has no right to occupy any other position, be a delegate of representative bodies, involved into entrepreneurship.
Article 69. President of the Republic of Tajikistan:
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.
Article 72. President has the right of integrity.
Article 73. Government consists of Prime Minister, his first deputy and other deputies, ministers, chairmen of state committees.
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.
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.
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.
Article 78. Local executive power is exercised by a representative of President – oblast, city or district chairman.
Article 79. Representative bodies and chairman, within their terms of reference, adopt legal acts obligatory for implementation on a corresponding territory.
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.
Article 81. Gorno Badakhshan Autonomous Oblast is a constituent and integral part of the Republic of Tajikistan.
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.
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.
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.
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.
Article 89. Constitutional Court consists of seven people one of whom is a representative of Gorno Badakhshan Autonomous Oblast.
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.
Article 92. Legal assistance is guaranteed at all stages of the investigation and trial.
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.
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.
Article 98. Changes and amendments to the Constitution are introduced through a referendum.
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.