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UPDATE: Law of the Republic of Tajikistan: A Guide to Web Based Resources

 

By Oleg Stalbovskiy & Maria Stalbovskaya

 

Oleg Stalbovskiy holds an M.S. degree from the Tomsk State University (Russia), Faculty of Mechanics & Mathematics, and for a long time worked as an information and computer technology specialist. Since 1998, he has been the Head of the Open Library for Legal Information, Tashkent, Uzbekistan. Oleg Stalbovskiy participated in the International Visitor Program of the United States Department of State "Access to Information in the Public Libraries" (2004).

 

Maria Stalbovskayа has been a reference librarian at the Open Library for Legal Information since 1997. She holds an M.S. degree from the Tomsk State University (Russia), Historical-Philological Faculty. Maria Stalbovskayа attended training courses for law librarians granted by Constitutional Legal Policy Institute in 1999 and 2002 (Budapest, Hungary), in 2001 (Riga, Latvia) and in 2000 (Moscow, Russia).

 

The authors were involved in important projects for the Republic of Uzbekistan such as "The Development of the Digital Library on Human Rights", the "Organizational and Methodical Support for Regional Public Law Centers", "Legal Information Support for Under Judicial Investigation People", and "Creating the web-site of the Open Library for Legal Information".

 

Published November 2009
Read the archive version!

 

Table of Contents

Introduction

Legal System of Tajikistan

Constitution of the Republic of Tajikistan

Constitutional Laws

Codes of the Republic of Tajikistan

State order in the Republic of Tajikistan

Legislative branch

Executive: Presidency, The Government

Judiciary: Supreme Court

Further Legal Resources

Online

Print

 

Introduction

The Republic of Tajikistan is a typical mountainous country in Central Asia. The total territory of the republic covers more 143,000 square km. Almost half of it is located at an elevation above 3,000 meters in the Pamir-Alai mountain systems and the Tien Shan Range. The capital of Tajikistan is the city of Dushanbe. The official language is Tajik. The Russian language is the language of international communication.

Population 7,349,145 (July 2009 est.) urban population: 26% of total population (2008) Population growth rate 1.878% (2009 est.). Ethnic groups: Tajik 79.9%, Uzbek 15.3%, Russian 1.1%, Kyrgyz 1.1%, other 2.6% . Religion (2003 est.): Sunni Muslim 95%, Shi'a Muslim 3%, other 2.

 

Tajikistan was part of ancient Persia's Achaemenid Empire (VI-IV centuries B.C.) Islamic Arabs began the conquest of the region in the early VIII century. In the Samanid epoch, this area (the end of IХ - the beginning of Х centuries) was known as the Islamic center of sciences and trade. Since then this territory has been subordinated by Turks and Mongols conquerors. In the early XVI century, Uzbeks conquered Tajikistan. By the early XIX century the land of the future Tajikistan was divided among three states: the Uzbek-ruled Bukhara Khanate, the Kokand Khanate, and the kingdom of Afghanistan.

 

The modern territory of Tajikistan had been attached to the Russian empire at the end of the XIX century. The basic areas of the country were under the control of Bukhara People Soviet Republic up until 1924 and from 1924 to 1929 they were in the structure of the Uzbek socialist republic. In 1929 the Tajik Soviet Socialistic Republic was formed in the structure of the USSR. Tajikistan gained independence from the Soviet Union in September 1991. After that, there was a civil war from 1992-1997 between the government and the United Tajik Opposition.

Tajikistan is a secular state according to Constitution (article 1). But the attitude of the state toward religion became more tolerant in comparison with the Soviet era. The predominant religion is Islam. It was brought to the region by the Arabs in the VII century. The great majority of Tajiks follow the Sunni form of Islam. In Tajikistan, religious observance has become more open, and participation increased. Many new mosques have been opened. There are eighteen madrassas, twenty Islamic colleges, and one Islamic university in this state. Private religious schools are permitted, too.

 

The Legal system of Tajikistan

In accordance with Constitution 1994 the Parliament of Tajikistan has taken all provided constitutional laws, as well as new codes: Water (1993), Economic-процессуальный (1995), Customs (1995), Land (1996), Labor (1997), Family (1998), Criminal (1998), the first part of Civil Code (1999).

The President of Tajikistan publishes the edicts and resolutions within the framework of their own authority. Herewith from edict of the President is a not required correspondence to law Tajikistan. The Government takes the resolutions and dictations in accordance with Constitution and law 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 (Article 10 of Constitution).

 

For more information look at: A Guide to the Tajik Legal System (Nargis Bozorova, via LLRX), 2002

 

The Constitution of the Republic of Tajikistan

A strict hierarchy of the sources of law includes the Constitution of the Republic of Tajikistan at the top. The Constitution of Tajikistan was adopted on 6 November 1994 and was changed on 26 September 1999 and 22 June 2003 by referendum. Amendments to the Constitution of the Republic of Tajikistan in 1999 established a new bi-cameral parliament and extension of the President's term of office from five to seven years. The new Constitution declares ideological and political pluralism, ensuring human rights and social-legal guarantees.

 

The full text of the Constitution of the Republic of Tajikistan in English is available here, or at

Tajikistan Gateway or UNHCR.

 

Constitutional Laws of the Republic of Tajikistan

 

·       On advocacy (1995, amended 2006), (English). For other English language version look here.

For Russian version, look here.

·       On Bodies of Office of Public Prosecutor of the Republic of Tajikistan (1996, 2005) (Russian)

·       Constitutional Law on Citizenship of the Republic of Tajikistan (1995) (Russian)

·       Constitutional Law on Courts (2001) (Russian)

·       Constitutional Law on the Elections to Local Majlisi of National Deputies (1999, 2007) (Russian)

·       Constitutional Law N.856 on the Elections to Majlisi Oli (1999, amended on 2004) (English). For

other English language version, look here. For Russian version look here.

·       On Election of the President (1994, amended 1999 and 2005) (English). For Russian version look

here. For other Russian language version look here.

·       On Legal Regime of State of Emergency (1995) (English)

·       On Legal Status of a Member of Majlisi Milli and the Deputy Majlisi Namoyadagon of Majlisi Oli of the Republic of Tajikistan (2001, amended 2003, 2004, 2005, 2006, 2007) (Russian)

·       On Majlisi Oli of the Republic of Tajikistan (2000) (Russian)

·       On the Government of the Republic of Tajikistan (1995, amended 2003, 2008) (Russian)

·       On the Gorno-Badakhshan Autonomous Region (1995, 2007)

·       On order of the decision of questions of the administrative-territorial device of the Republic of Tajikistan (1995)

·       On Referendum (1995, amended 2001). For English language version look here. For Russian version, look here.

·       Law on Local Bodies of State Authority (2004) (Russian). For other version look here.

 

Codes of the Republic of Tajikistan

 

·        Civil Code. First part (1999, amended 2001, 2002, 2005, 2006, 2007). For other English language

versions look here . For other English and Russian language versions click here and here.

Civil Code. Second part (1999, amended 2002, 2006) (Russian) and for English language version see

here .

Civil Code. Third part (2005) (Russian). For other Russian language version look here .

·        Land Code (1996) (English). For other English language version look here. For Russian language version look here .

·        Criminal Code (1998, amended 1998, 1999, 2001, 2002, 2003, 2004, 2005) (English)

·        Criminal Code -Articles 1-59, (English). For Russian language version look here.

·        Criminal Executive Code (2001) (English). For Russian language version look here.

·        Labor Code (1997) (English). For English language excerpts look here. Chapters 1, 2,3,7,16,18 .

For Russian language version look here.

·        Custom Code (1995 amended 2002), (English). For Russian language version look here .

·        Tax Code (1998, amended 2003, 2008). For second English language version look here . For third

English language version look here. For Russian language version look here .

·        Water Code (1993, 2000) (English). For other English language version look here . For Russian

language versions look here .

·        Economic Procedure Code (1995, amended 2003) (Russian)

·        Code on Administrative Violations (1985) and amended (2005) (Russian)

·        Code on Administrative Procedures (2007) (Russian)

·        Criminal Procedure Code (1961 and amended 2005) (Russian)

·        Code on Economic Proceedings (2008) (Russian)

·        Civil Procedure Code (2008) (Russian)

·        Housing Code (1997) (Russian). For other Russian language version look here.

·        Forestry Code (1993) (English)

·        Air Code (1998) (Russian)

·        Code on Administrative Offenses (2008) (Russian)

·        Family Code (1998) (Russian). For other version look here .

 

State order in the Republic of Tajikistan

According to the Constitution, the Republic of Tajikistan is a sovereign, democratic, legal, secular, and unitary state with a presidential form of state government. The state power is based on the principle of its sub-division into legislative, executive, and judiciary branches. Each of these powers within authorities acts independently.

 

Legislative branch

 

Parliament

The supreme highest representative and legislative body of the Republic of Tajikistan is Majlisi Oli, which works on a professional base. It is selected for the period of five years and consists of two chambers: Majlisi Milliy (National Assembly) and Majlisi Namoyadagon (Assembly of Representatives). The first two-chamber Parliament was elected on 1999. Session of Majlisi Oli is convened at least twice a year. Majlisi Namoyadagon is selected on the basis of direct elections at ballots and operates on a constant and professional basis. Majlisi Namoyadagon has 63 members, 22 by proportional representation and 41 in single-seat constituencies. Majlisi Milliy has 33 members, 25 elected by local majlisi deputies and 8 appointed by the President and 1 seat reserved for the former president.

 

The powers of Majlisi Milliy include:

·       education, abolition, and change of administrative and territorial units;

·       election and a response of chairman, assistants and judges of the Constitutional Court, the Supreme

Court and the Supreme Economic Court on presentation of the President of Tajikistan;

·       a question on deprivation of inviolability of chairmen, assistants and judges of the Constitutional

Court, the Supreme Court, and also the Supreme Economic Court;

·       the consent to assignment and clearing of a post of the General Prosecutor and his assistants.

 

Majlisi Namoyadagon:

·       forms the Central commission on elections and carrying out of referenda. Selects and withdraws

chairman, the assistant, and members of the commission on presentation to the President of

Tajikistan;

·       takes out for national discussion bills on other important state and public questions;

·       approves social and economic programs;

·       authorizes the giving and receiving of state credit;

·       ratifies the international contracts;

·       forms courts;

·       appoints a referendum;

·       asserts the state symbols and awards;

·       asserts the presidential decrees and other.

 

For more information look at: Majlisi Oli of the Republic Of Tajikistan (Tajik, Russian, English) and Majlisi Milli (Russian, Tajik)

 

Executive: Presidency, The Government

 

Presidency

The President is the head of state, of the government, and the Commander-in Chief of all the Armed Forces. The President is elected every seven years on the basis of universal suffrage. The same person cannot serve more than two Presidential terms (counting out the periods begins with 2006). Emomali Sharipovich Rakhmonov (now - Rakhmon) was re-elected as a President of Tajikistan on 1999 and 2006. The official website of President of the Republic of Tajikistan consists of the Constitution, Constitutional Law, and Presidential Decrees (Tajik, Russian)

 

The Government

The Government of the country consists of the President - the head of the Government, the Prime Minister, the First Deputy Prime Minister, Deputy Prime Ministers, and ministers and chairmen of various state committees and agencies. The Structure of Government is on the web site of the Tajikistan Embassy in the US. After November 2006, the government consisted of 14 ministries, 3 state committees, 13 agencies, and 5 other bodies.

 

The following web sites of ministries, state committees, and agencies of the Republic of Tajikistan have some useful legal documents (in Russian language as a rule):

·       Ministry of Foreign Affairs

·       Main Department of Communication and Information under Ministry of Transportation and

Communication

·       Ministry of Health

·       Agency of Land Surveying, Geodesy and Cartography under the Government of the Republic of

Tajikistan (Russian)

·       Drug Control Agency under the President of the Republic of Tajikistan (Russian)

·       Agency of Regulation of Communication under Ministry of Communications (Tajik, Russian)

·       Ministry of Economic Development and Trade (Russian, English)

·       State Committee of Statistics

·       Ministry of transport and transportation (Russian)

·       Ministry of Justice (Russian)

·       Finance Ministry (Russian)

·       Ministry of Melioration and Water Resources of the Republic of Tajikistan (Russian)

·       Ministry of Education of the Republic of Tajikistan (Tajik, Russian)

·       Governing the State Service under the President of the Republic of Tajikistan (Russian)

·       State Committee on investments and state property management of the Republic of Tajikistan

(Russian, English)

·       Investment Opportunities of Tajikistan (Russian, English)

·       Committee on Emergency Situation and Civil Defense under the Government of the Republic of

Tajikistan (Russian, Tajik)

·       National Bank of Tajikistan (Russian)

·       Migration Service of Ministry of Interior Affairs of the Republic of Tajikistan (Russian)

 

The 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 the President. A local government is represented in regions, cities and districts by Majlis of people's delegates headed by a Chairman. Delegates of local majlises are elected for five years.

 

Traditional councils of communities are informal units of the lowest level of the government. Mahalla is itself formed of a public council of elders (traditionally men though in some cases this structure develops, and in council also include women and youth) having a religious basis, with the own charter ordering to a role and system of self-management.

 

Judiciary: Supreme Court

Justice in the Republic of Tajikistan is exercised only by the court. The judicial system in the Republic consists of the Constitutional Court, the Supreme Court, the Supreme Economic Court, the Military Court, the Court of the Gorno-Badakhshan Autonomous Region, the Dushanbe city Court, and regional, district, town, and city courts. Organizational and implementation procedures of courts are defined by the Constitutional law. See “On the Court System” (2001, amended 2004 and 2006) Russian.

 

 

Constitutional Court

The 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.

 

Prosecution

The Office of the Public Prosecutor of Tajikistan carries out supervision of exact and uniform execution of laws on the territory of Tajikistan. 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 of Tajikistan. The general public prosecutor is appointed for five years. Activity, powers, and the organization of the Office of the Public Prosecutor are regulated by the Constitutional law "About bodies of Office of Public Prosecutor of Republic Tajikistan" (1996, 2005 Russian)

 

Further Legal Resources

Online

 

Foreign Resources of Tajikistan Legislation

 

·       Trade Agreements

·       Oceana Publications

·       Reform Library by USAID

·       Lexinfosys

·       LEXADIN – More than 80 links

·       LawGuru

·       Pritchard Law Webs: Tajikistan

·       LawMoose Legal Search Engine - More than 40 links

·       World Legal Information Institute. Free, independent and non-profit access to worldwide law.

897 databases from 123 countries.

·       World Law Index: Tajikistan (Australasian Legal Information Institute)

·       Cornell LII / Legal Information Institute

·       Islamic Law

·       Washburn University Law Library - links to Tajikistan legal resources

·       INTUTE

·       Justice Initiative Legal Resources Database

·       Swiss-IFC Central Asia Partnership

·       Sustainable Dutch Tajikistan Trade Centre - 12 laws (English)

·       BISNIS Online - US Department of Commerce

·       Internews Tajikistan - Mass-media and other laws and codes (Russian, Tajik). More than 40

documents

·       The Freedom of Information Center (English) Tajikistan legislation on Mass Media

·       Trade Agreements - The TCC's Trade and Related Agreements Database (TARA) includes active,

binding agreements between the United States and its trading partners.

·       Treaties are available free from Oceana Publications but you must register with them.

·       Reform Library by USAID : Kazakhstan, Kyrgyzstan and Tajikistan. Enacted Constitutions, Codes

and Laws - more 70 documents (Russian, English)

·       Guide to legal materials of all types relating to Tajikistan gathered by the Law Library of the U.S.

Congress.

·       Central Asia Law Initiative . The University of Montana-Law School.

·       Legislation of Central Asia Countries - more 1200 links on legal documents.

·       Media Law and Policy Institute (Russian)

·       The Electronic office systems. Normative acts C.I.S (Russian)

·       Bremen University. Civil and Economic Right of the Caucasus and Central Asia countries. (Russian)

·       UNHCR. The Centre on Study of the Problems of the Population. Karaganda (Russian)

·       Asia-Realty (Russian)

·       Bank of Russia. Legal Database of States - a participant C.I.S. on legislation, adjusting bank activity.

(Russian)

·       Central Asia Transport Development of coordinated national transport policies in Central Asian

countries. (Russian, English)

·       Domestic Observers Group (Russian, English)

·       CAECN-Central Asian Education Cooperation Network. (Russian)

·       Internews Network Tajikistan. (Russian)

·       JGUARD - Law firm. (Russian)

·       "Legal Russia" Federal Legal Portal. (Russian)

·       Media Legislation of Central Asia Countries (Russian)

·       Ministry of Commerce of the People's Republic of China (Russian)

·       Business in C.I.S. countries (Russian)

·       USAID CAR - Business Environment Improvement (BEI) (Russian, English)

·       NPI Center - National Center for Patents and Information. (Russian)

·       Tajikistan Embassy in China (Russian)

 

International Organization Legal Resources

 

·       United Nations Office on Drugs and Crime

·       World Health Organization (International Digest of Health Legislation)

·       ECOLEX database of national environmental legislation - Environmental Law Gateway

(UNEP/ICUN). More than 130 documents.

·       FAOLEX (United Nations Food and Agriculture Organization) - more than 180 documents

·       LEGISLATIONLINE

·       NATLEX: Tajikistan (International Labor Organization) - database of national labor, social security

and related human rights legislation maintained by the ILO's International Labor Standards

Department. More than 90 acts on labor. Need password.

·       ICNL The International Center for Non-for-Profit Law -84 documents (11 in English)

·       Micro-finance Gateway – more 40 links on laws and papers

·       IJNET International Journalists’ Network - Constitution, Criminal Code, Law on Press and Other

Mass Media and Law on Television and Radio (English)

·       Human Rights in Tajikistan

·       Business in CIS countries - Custom code and 7 laws (Russian)

·       UNESCO Database of National Cultural Heritage Laws. ( Russian)

·       IFC Europe & Central Asia - Azerbaijan. Central Asia Leasing Facility AS Project (English, Russian)

·       ADH Geneva Academy of international humanitarian law and human rights (Russian)

           

Legal web sites in Tajikistan

 

·       Tajikistan Development Gateway - Law database includes more 100 documents in English and

Russian

·       Human Rights in Tajikistan - More than 40 documents

·       Consultative Informational Center

·       Consultative Informational Center "Manufacturers and Entrepreneurs Rights". (Russian)

·       National Bank of Tajikistan (English, Russian, Tajik) Some documents of financial legislation

·       Youth Ecology Center Dushanbe – Ecology legislation of Tajikistan (Russian)

·       Global Internet Policy Initiative Tajikistan - Fragments of ICT legislation.

·       Orkhus Convention Realization Center

·       Aarhus - more 20 documents (Russian, English, Tajik)

·       CIVIL-TAJ.INFO

·       Informational-Analytical Website "Civil Society - Third Sector" (Russian)

·       "LEX" private law firm - 18 laws concerning business activity (English)

·       Intellectual property in Tajikistan (Russian) More than 40 documents

·       International organization on migration

·       Information Centre for Labor migration -Tajikistan legislation on migration (Russian).

·       SoyuzPravoInform - About 600 documents from Commercial Law Database (Russian)

·       National center for patents and information (Russian). The international contracts of the Republic

of Tajikistan within the framework of the CIS and the legislation of the Republic of Tajikistan in the

field of the industrial property.

·       Agricultural legislation

·       National association of Tajikistan Independent Mass Media-NANSNIT - Tajik National Association

of Independent Media (Russian) Laws, legislation acts, government decrees on Mass Media – more

20 documents

·       Legal Consulting Group - law firm

·       "Dolina Mira" Fergana Valley NGO Network. (Russian)

·       President of the Republic of Tajikistan web site (Russian, Tajik)

·       Gender Policy Centre (Russian, Tajik)

·       Human Rights Journalistic Network. (Russian)

·       Tajik NGO Portal (Russian)

·       Young Lawyer Association "AMPARO" (Russian)

 

Law schools

·       Juridical Faculty of Tajik State National University

·       History-Legal Faculty of Russian-Tajik Slavic University

 

Print

 

Official gazette

The laws of Tajikistan and the recognized international legal treaties come into force after their official publication. According to the Law (On Normative Legal Acts) (2003) (Russian) the legislative acts shall be published at the latest 15 days after their confirmation in:

·       the newspaper “Jumhuriat”( government-owned, published in Tajik three times a week)

 

And the official gazettes:

·       “Svod zakonov Respubliki Tajikistan” or “The Statute book of Republic of Tajikistan” (Tajik,

Russian);

·       “Ahbori Majlisi Oli of the Republic of Tajikistan”, ”Vedomosti Majlisi Oli, Respubliki Tajikistan” or

“Gazettes of Majlisi Oli of the Republic of Tajikistan” (Tajik, Russian);

 

Also new laws, decrees, administrative acts of the country are published monthly in the official gazettes:

·       “Sobranie aktov Prezidenta i Pravitel’stva Respubliki Tajikistan” or “The Compilation of normative

acts of the President and Government of the Republic of Tajikistan”;

·       “The Bulleten’ normativnih pravovih aktov central’nih ispolnitel’nih i inih gosorganov Respubliki

Tajikistan” or “The bulletin normative legal acts of central executive and other governmental bodies

of the Republic of Tajikistan” ( Ministry of Justice);

·       “The Bulletin of Supreme Court of Republic Tajikistan” (Supreme Court) or BulletenVerkhovnogo

Suda Respubliki Tajikistan”.

 

The main legal publishers are: Konunyat Publishing House, Publishing house of the Ministry of Justice of the Republic of Tajikistan, and Kontakt Publishing House. The legal literature may be issued at the following publishing houses:”Irfon”, ‘Sharki ozod”, “Status”,”Devashtich” and the publishing house of the Tajik State University.

 

For more information look at:

·       The Database “Adlia” on CD with 5000 legal documents in Tajik and Russian languages by Public

Association “Kafolat

 

Primary and secondary legal materials are also published in:

·       Narodnaya Gazeta - government-owned, published in Russian three times a week

·       Minbar-i Khalq - published by People's Democratic Party

·       Neru-i Sukhan - privately-owned, weekly

·       Nido-i Ranjbar - Tajik-language weekly, published by the Communist Party

·       Golos Tajikistana - Russian-language weekly, published by the Communist Party

·       Tojikiston - privately-owned Tajik-language weekly

·       Najot - weekly, published by Islamic Rebirth Party

·       Khalq Ovozi - government-owned, published in Uzbek three times a week

 

Reference Books:

·       Butler, William E., ed. Tadzhikistan Legal Texts. Hague, Netherlands: Simmons & Hill Publishing, 1999.

·       Tahirov F.T. The Interpretation of Adat at Pre-revolution Tajikistan: Basic Conceptions and Meaning. Dushanbe, 1984 (Russian)