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Сonstitution THE REPUBLIC OF TAJIKISTAN

WE, the people of Tajikistan,

being an integral part of the world community,
Conscious of our duty and our responsibility to the past, present and future generations,
Understanding the need for sovereignty and development of the state,
recognizing the inviolable freedom and human rights,
respecting equality and friendship among all nations and nationalities
the importance of creating a just society,

ADOPT AND DECLARE THE PRESENT CONSTITUTION

Chapter One

Foundations of Constitutional
ORDER

Article 1. Tajikistan - a sovereign, democratic, constitutional, secular and unitary state.
Tajikistan, as a welfare state creates conditions for a dignified life and free development of each person.
The Republic of Tajikistan, and Tajikistan - interchangeably.
Article 2. The official language of Tajikistan is Tajik.
Russian is the language of interethnic communication.
All nations and nationalities living in the republic are free to use their mother tongue.
Article 3. The state symbols of Tajikistan are the flag, emblem and anthem.
Article 4. The capital of Tajikistan - Dushanbe.
Article 5. Man, his rights and freedoms are the supreme value.
Life, honor, dignity and other natural human rights are inviolable.
The rights and freedoms of man and citizen are recognized, respected and protected by the state.
Article 6. In Tajikistan, people are the bearers of sovereignty and the sole source of state power is exercised directly or through their representatives.
The supreme direct expression of the power of the people a referendum and elections.
The people of Tajikistan is Tajik citizens, regardless of nationality.
No social union, political party, group or individual has the right to usurp state power.
The usurpation of power or appropriation of its powers shall be prohibited.
The right to act on behalf of the people of Tajikistan to the President, the National Assembly and Majlisi Namoyandagon the Republic of Tajikistan in their joint meeting.
Article 7. Tajikistan is indivisible and inviolable.
Tajikistan consists of Gorno-Badakhshan Autonomous Region, regions, cities, districts, towns and villages.
The State shall ensure the sovereignty, independence and territorial integrity of Tajikistan. Advocacy and action aimed at the separation of the unity of the state, are prohibited.
The procedure of formation and changes in administrative units is governed by constitutional law.
Article 8. In Tajikistan public life shall develop on the basis of political and ideological pluralism.
The ideology of any political party, social and religious association, movement or group can not be recognized as a state.
Voluntary associations and political parties are formed and operate within the framework of the Constitution and laws.
Religious organizations are separate from the state and can not interfere in affairs of state.
Establishment and operation of public associations and political parties that promote racial, ethnic, social or religious hatred or advocate the forcible overthrow of constitutional order and organization of the armed forces are prohibited.
Article 9. State power is based on the separation of legislative, executive and judicial branches.
Article 10. Constitution of Tajikistan has the supreme legal force and its norms have direct effect. Laws and other legal acts contradicting the Constitution, are null and void.
The state and all its agencies, officials, citizens and their associations must comply with and implement the Constitution and laws of the republic.
International legal acts recognized by Tajikistan are an integral part of the legal system. In the case of laws of the republic recognized international legal acts, the norms of international legal instruments.
The laws of Tajikistan and the recognized international legal acts shall come into force after their publication.
Article 11. Tajikistan, pursuing a policy of peace, respect for the sovereignty and independence of other states, determines its foreign policy based on international standards.
Propaganda for war shall be prohibited.
Tajikistan, guided by the best interests of the people, may be included in the Commonwealth and other international organizations, as well as leave them, and establish relations with foreign countries.
It cooperates with foreign nationals.
Article 12. The economy of Tajikistan consists of different forms of ownership.
The State shall guarantee freedom of economic and entrepreneurial activities, equality and legal protection of all forms of ownership, including private.
Article 13. Land, soil, water, air, flora and fauna and other natural resources are the exclusive property of the state and the state guarantees their effective use in the interests of the people.

Chapter Two

Rights and Freedoms, ESSENTIAL DUTIES
Human and Civil

Article 14. The rights and freedoms of man and citizen are regulated and protected by the Constitution and laws of the republic recognized by Tajikistan's international legal acts.
Human rights and freedoms and civil rights are exercised directly. They define the objectives, content and application of laws, the activities of legislative, executive and local authorities, local authorities and provided by the judiciary.
Restrictions on the rights and freedoms of citizens are only allowed to safeguard the rights and freedoms of others, public order, protection of constitutional order and territorial integrity of the Republic.
Article 15. Tajik citizen is a person who on the day of adoption of the Constitution is a citizen of the Republic of Tajikistan.
Citizens of Tajikistan to another state is not allowed, except as provided by law and interstate treaties of Tajikistan.
Order of acquisition and loss of nationality is determined by constitutional law.
Article 16. A citizen of Tajikistan outside the country is under state protection. No citizen of the republic can not be extradited to a foreign state. Extradition to a foreign state on the basis of bilateral agreement.
Foreign citizens and stateless persons shall enjoy rights and freedoms set forth and have equal rights with citizens of Tajikistan, duties and responsibilities, except as provided by law.
Tajikistan may grant political asylum to foreign nationals who are victims of human rights violations.
Article 17. All are equal before the law. The state guarantees the rights and freedoms of every person regardless of nationality, race, sex, language, religion, political beliefs, education, social and property status.
Men and women are equal.
Article 18. Everyone has the right to life.
No one shall be deprived of life except by the court for a serious offense.
Inviolability of the person guaranteed by the state. No one shall be subjected to torture or cruel and inhuman treatment. Forced medical and scientific experimentation on human beings is prohibited.
Article 19. Everyone is guaranteed judicial protection. Everyone has the right to demand that his case was heard by a competent, independent and impartial tribunal established by law.
No one shall be subjected without legal justification to arrest, detention. A person may, with the detention services of a lawyer.
Article 20. No one is guilty of a crime before the court decision comes into force.
No one can be prosecuted after the expiration of the prosecution, as well as for acts which at the time of its commission was not considered a crime. No one can be tried twice for the same offense.
The law, passed after a person has committed a wrongful act and an increased punishment, not retroactive. If, after the wrongful act responsible for it abolished or reduced, the new law is applied.
Total confiscation of property of the convicted is prohibited.
Article 21. The law protects the rights of victims. The state guarantees the victim judicial protection and compensation for damages.
Article 22. The home is inviolable.
Not Home intrusion and deprivation of his or her home except as provided by law.
Article 23. Privacy of correspondence, telephone conversations, telegraph or other private communications, except as provided by law.
The collection, storage, use and dissemination of information about the private life without his consent is prohibited.
Article 24. A citizen has the right to freedom of movement and residence, leave the republic and return to it.
Article 25. State bodies, public associations, political parties and officials must ensure that every opportunity to receive and access to documents relating to its rights and interests, except as provided by law.
Article 26. Everyone has the right to determine their attitude to religion, either individually or jointly with others any religion or no religion, to participate in religious services, ceremonies and rites.
Article 27. A citizen has the right to participate in political life and government directly or through representatives.
Citizens have equal rights to public service.
Citizen on reaching 18 years of age may participate in the referendum vote and be elected at the age established by the Constitution, constitutional laws and laws.
Persons found incompetent by a court or held in custody by a court sentence, are not eligible to participate in elections and referendums.
Conduct of elections is governed by constitutional laws and laws. A referendum is held in accordance with constitutional law.
Article 28. Citizens have the right to organize. A citizen is entitled to participate in the creation of political parties, including those democratic, religious and atheistic character, trade unions and other associations, voluntarily enter into them and leave them.
Political parties contribute to the formation and expression of the will of the people on the basis of political pluralism and participate in political life. Their structure and activities must conform to democratic norms.
Article 29. A citizen is entitled to participate in statutory meetings, rallies, demonstrations and peace marches.
Nobody can be forced to participate in them.
Article 30. Everyone is guaranteed freedom of speech, press, the right to use mass media.
Propaganda and agitation inciting social, racial, ethnic, religious or linguistic strife and enmity are prohibited.
Governmental censorship and prosecution for criticism are forbidden.
The list of information constituting a state secret shall be established by law.
Article 31. Citizens have the right personally or jointly with others to apply to state agencies.
Article 32. Everyone has the right to property and inheritance rights.
Nobody has the right to deprive a citizen of his property. Confiscation of personal property for public needs is permitted only in accordance with the law and with the consent of the owner, with full recovery of its costs.
Material and moral damage suffered by an individual as a result of illegal actions of state bodies, public associations, political parties or individuals will be compensated in accordance with the law at their expense.
Article 33. The family as the foundation of society, is under state protection.
Everyone has the right to found a family. Men and women of marriageable age have the right freely to marry. In marriage and divorce, spouses have equal rights.
Polygamy is prohibited.
Article 34. Mother and child are entitled to special protection and patronage of the state.
Parents are responsible for the upbringing of children, adult and able-bodied children should take care of their parents.
State takes care of orphans and disabled children, their upbringing and education.
Article 35. Everyone has the right to work, career choices, employment, labor protection and social protection against unemployment. Salary should not be less than the minimum wage.
Any restrictions on the employment relationship are prohibited. For equal work is paid equally.
No one shall be subjected to forced labor, except in cases specified by law.
The employment of women and minors in heavy or underground work, as well as to work in hazardous conditions is prohibited.
Article 36. Everyone has the right to housing. This right is guaranteed by a state, public, cooperative and individual housing construction.
Article 37. Everyone has the right to rest. This right is ensured by setting the hours and weeks, the provision of paid annual leave, weekends and other conditions stipulated by law.
Article 38. Everyone has the right to health. Everyone within the limits set by law, enjoy free medical care in public health facilities. The state takes measures to improve the environment, development of mass sports, physical culture and tourism.
Other forms of medical care are determined by law.
Article 39. Everyone shall be guaranteed social security in old age, sickness, disability, disability, widowhood, and in other cases determined by law.
Article 40. Everyone has the right to participate freely in cultural life, artistic, scientific and technical creativity and the use of their achievements.
Cultural and spiritual values ??are protected by the state.
Intellectual property is protected by law.
Article 41. Everyone has the right to education. General basic education is compulsory. The state guarantees general basic compulsory free education in public schools.
Everyone within the limits set by law, can receive free general secondary, primary vocational, secondary and higher vocational education in public schools.
Other forms of education are determined by law.
Article 42. In Tajikistan, everyone must abide by its Constitution and laws, respect the rights, freedoms, honor and dignity of others.
Ignorance of the law is no excuse.
Article 43. Defence of the Motherland, the protection of state interests, the strengthening of its independence, security and defense capability - the sacred duty of a citizen.
Military service procedure established by law.
Article 44. The Nature Conservancy, historic and cultural sites - everyone's responsibility.
Article 45. Payment of taxes and duties specified by law, is everyone's responsibility.
Laws introducing new taxes or worsening the situation of the taxpayer, not retroactive.
Article 46. In the event of a real threat to the rights and freedoms of citizens, independence of the state and its territorial integrity, natural disasters, which resulted in the constitutional bodies can not function as a temporary measure to ensure the safety of citizens and the state of emergency is declared.
The term emergency is set to three months. When necessary, this period may be extended by the President of the Republic of Tajikistan.
Article 47. In an emergency situation can not be limited to the rights and freedoms envisaged in Articles 16, 17, 18, 19, 20, 22, 25 and 28 of the Constitution.
Legal state of emergency is determined by constitutional law.

Chapter Three

Majlisi Oli

Article 48. Majlisi Oli - Parliament of the Republic of Tajikistan shall be the supreme representative and legislative body of the Republic of Tajikistan.
Majlisi Oli consists of two Councils of - Majlisi Milli and Majlisi Namoyandagon.
The term of office of the Majlisi Milli and Majlisi Namoyandagon 5 years. Powers of the Majlisi Milli and Majlisi Namoyandagon terminated on the day of the beginning of the Majlisi Milli and Majlisi Namoyandagon new convocation.
The organization and activities of Parliament by the Constitutional law.
Article 49. Majlisi Namoyandagon is elected by universal, equal and direct suffrage by secret ballot. Majlisi Namoyandagon operates on a permanent and professional basis. Every citizen of the Republic of Tajikistan, at least 25 years of age and with higher education, may be elected to the Majlis Namoyandagon.
Three-fourths of the members of the National Assembly is elected indirectly, by secret ballot at the joint meetings of People's Deputies of Gorno-Badakhshan Autonomous Region and its towns and districts, regions and cities and districts, the city of Dushanbe and its districts, towns and districts of republican subordination (jointly). In the National Assembly of the Gorno-Badakhshan Autonomous Region, an area the city of Dushanbe, cities and districts of republican subordination have an equal number of representatives.
One-fourth of the members of the National Assembly appoints the President of the Republic of Tajikistan.
Majlisi Milli acts on sozyvnoy basis.
Every citizen of the Republic of Tajikistan, at least 35 years of age and with higher education, may be elected or appointed member of the National Assembly.
Each former President of the Republic of Tajikistan is a member of the National Assembly for life if he did not give up this right.
The number of members of the Majlisi Milli and Majlisi Namoyandagon, the order of their election, the order of ineligibility and incompatibility of the mandate of a member of the National Assembly and a deputy of Majlisi Namoyandagon is determined by constitutional law.
Article 50. Government members, judges, law enforcement officers and other persons under constitutional law, can not be members of the National Assembly.
A citizen can not simultaneously be a member of the National Assembly and a deputy of Majlisi Namoyandagon. A member of the National Assembly can not be a member of more than two representative bodies.
The deputy of Majlisi Namoyandagon not be a deputy of a representative body, hold any other position, to engage in entrepreneurial activity except scientific, creative and educational.
Article 51. A member of the National Assembly and deputy of Majlisi Namoyandagon not depend on the will of the voters are entitled to express themselves freely, to vote for conviction.
A member of the National Assembly and deputy of Majlisi Namoyandagon has the right to privacy, it can not be arrested, detained, subject to detention, search, except in cases of flagrant offense. A member of the National Assembly and deputy of Majlisi Namoyandagon can not also be subjected to personal searches, except when required by law to ensure the safety of others. Questions about the deprivation of immunity a member of the National Assembly and a deputy of Majlisi Namoyandagon solved by the Attorney General corresponding Majlis.
A Member of the National Assembly and the deputy of Majlisi Namoyandagon terminated in the event of their death, resignation, recognition of their incompetent by a court, the entry into force of a court sentence, termination of citizenship, taking up permanent residence outside the country, employment office, which is incompatible with the authority member National Assembly for the dissolution of the Majlisi Milli and Majlisi Namoyandagon.
The legal status of a member of the National Assembly and a deputy of Majlisi Namoyandagon is determined by constitutional law.
Article 52. The first session of the Majlisi Milli and Majlisi Namoyandagon convened by the President of the Republic of Tajikistan for a month after the election.
The first session of the Majlisi Milli and Majlisi Namoyandagon opened by the oldest member or the member and leads her to the election of the Chairpersons of the Councils of.
Activities of the National Assembly shall take the form of sessions. Session of the National Assembly shall be convened by the Chairman of the National Assembly at least four times a year.
The activities of the Majlisi Namoyandagon is in the form of sessions. The regular session of the Majlisi Namoyandagon is held once a year, beginning with the first working day of October to the last working day of June.
Between sessions of the Majlisi Milli and Majlisi Namoyandagon President of the Republic of Tajikistan, where necessary, may convene extraordinary sessions. At these sessions, we consider only the issues that were the basis for the convening of these meetings.
Article 53. Majlisi Milli and Majlisi Namoyandagon of the members and elects the president of Majlis, their first deputies and deputies. One of the Vice President of the National Assembly is the representative of the Gorno-Badakhshan Autonomous Region.
Chairman of the National Assembly and Chairman of the Majlisi Namoyandagon elected by secret ballot by a majority of the total number of members and deputies. Procedure for election of Vice Chairman of the National Assembly and Chairman of the Majlisi Namoyandagon is determined by the Councils of the regulations.
Chairman of the Majlisi Milli and Majlisi Namoyandagon accountable to the Majlis and relevant they can be recalled from office by two-thirds of the total number of members and deputies.
Chairman of the Majlisi Milli and Majlisi Namoyandagon, their first deputies and deputies chair sittings and resolve other related issues.
Majlisi Milli and Majlisi Namoyandagon form their own coordinating and working bodies, as well as make the appropriate committees and commissions, hold parliamentary hearings on matters within the jurisdiction of Majlis.
Coordinating bodies of the Majlisi Milli and Majlisi Namoyandagon hold meetings separately.
Majlisi Milli and Majlisi Namoyandagon take their work regulations.
Article 54. Majlisi Milli and Majlisi Namoyandagon sit separately.
Meetings of the Majlisi Milli and Majlisi Namoyandagon entitled to be present when they are not less than two-thirds of their members and deputies. Meetings of the Majlisi Milli and Majlisi Namoyandagon are open. In the cases provided by law and regulations of the Majlisi Milli and Majlisi Namoyandagon may be conducted and closed meetings.
Majlisi Milli and Majlisi Namoyandagon hold joint meetings in the cases stipulated by the Constitution.
Article 55. Powers of the Majlisi Milli and Majlisi Namoyandagon in joint meetings:
1. Approval of President's decrees on the appointment and dismissal of the Prime Minister and other Cabinet members;
2. Approval of the President's decree on the introduction of military and emergency;
3. Consent to the use of the Armed Forces of the Republic of Tajikistan abroad to meet international obligations of Tajikistan;
4. The appointment of presidential elections;
5. Acceptance of the resignation of the President;
6. Award of the President of state awards and giving it the highest military ranks;
7. Addressing the issue of immunity of the President.
Majlisi Milli and Majlisi Namoyandagon in joint meetings within its authority shall take decisions on those issues. Joint Resolution of the Majlisi Milli and Majlisi Namoyandagon by a majority vote of all members of the Majlisi Milli and Majlisi Namoyandagon, where each of the Majlis voted on separately if the Constitution does not establish a different procedure for making decisions.
At the joint session of the Majlisi Milli and Majlisi Namoyandagon President takes the oath, and delivers a message on the main directions of domestic and foreign policy of the republic.
Article 56. Powers of the National Assembly:
1. Education, abolition and change of administrative-territorial units;
2. Election and recall of the chairman, deputies and judges of the Constitutional Court, Supreme Court and the Supreme Economic Court of the President;
3. The issue of depriving immunity chairman, deputies and judges of the Constitutional Court, Supreme Court and Supreme Economic Court;
4. Approval of the appointment and dismissal of the Prosecutor General and his deputies;
5. Exercise other powers stipulated by the Constitution and laws.
Majlisi Milli on matters within its competence, adopt resolutions. Resolution of the National Assembly by a majority vote of the members, if the Constitution does not set other rules for adopting decisions.
Article 57. Powers of the Majlisi Namoyandagon:
1. Formation of the Central Commission for Elections and Referenda of the Republic of Tajikistan, the election and recall of the chairman, deputy and members of the commission by the President;
2. Introduction to public discussion of draft laws and other important government and social issues;
3. Adoption of the socio-economic programs;
4. Cottage permit issuance and receipt of public credit;
5. The ratification and denunciation of international treaties;
6. A referendum;
7. The formation of vessels;
8. Approval of state symbols;
9. Adoption of state awards;
10. Approval of President's decrees on the appointment and dismissal of the National Bank and his deputies;
11. The establishment of military ranks, diplomatic ranks and special ranks and titles;
12. Establishment of the President of the wage;
13. Exercise other powers stipulated by the Constitution and laws.
Majlisi Namoyandagon on matters within its competence, adopt resolutions. Resolutions of the Majlisi Namoyandagon taken by majority vote of all deputies, if the Constitution does not set a different procedure for making decisions.
At the session of the Majlisi Namoyandagon may make heads of foreign states.
Article 58. The right of legislative initiative belongs to the members of the Majlisi Milli Majlisi Namoyandagon, President of the Republic of Tajikistan, the Tajik Government, Majlis deputies of Gorno-Badakhshan Autonomous Region.
Article 59. Bills shall be submitted to the Majlis Namoyandagon.
Amnesty bill introduced in the Majlisi Namoyandagon President of the Republic of Tajikistan.
Budget Bill, the establishment and abolition of taxes made to the Majlisi Namoyandagon Government of the Republic of Tajikistan.
Article 60. Laws are made by the Majlisi Namoyandagon. The law adopted by a majority vote of all deputies unless otherwise stipulated by the Constitution.
Adopted by the Majlisi Namoyandagon laws except the laws of the state budget and amnesty shall be submitted to the National Assembly.
Act shall be considered approved the National Assembly if supported by majority of the total number of its members. In case of rejection of the law of the National Assembly, the law shall be recognized by the Majlisi Namoyandagon.
In case of disagreement with the decision of the Majlisi Namoyandagon of the National Assembly law is passed if the second ballot voted for him for at least two-thirds of the deputies of the Majlisi Namoyandagon.
The laws of the state budget and amnesty will only be accepted Majlisi Namoyandagon. Majlisi Namoyandagon shall oversee the implementation of the state budget.
Article 61. Constitutional laws are adopted on the issues stipulated by the Constitution. Constitutional laws are adopted, not less than two-thirds vote of all deputies of the Majlisi Namoyandagon and approved by not less than two-thirds vote of all members of the National Assembly.
In case of disagreement with the Majlisi Namoyandagon the National Assembly for constitutional law is passed if the second ballot for a vote of two thirds of the deputies of the Majlisi Namoyandagon.
Interpretation of the Constitution gives the Majlisi Oli of the order and made in the form of constitutional law.
Article 62. Laws submitted to the President of the Republic of Tajikistan for signing and publication. If the President does not agree with the law or part thereof, he shall, within fifteen days returned it with his objections to the Majlisi Namoyandagon. Majlisi Milli and Majlisi Namoyandagon established by the Constitution to re-consider the law. If during the second law is approved in the earlier adopted wording by not less than two-thirds vote of all members of the Majlisi Milli and Majlisi Namoyandagon, the President within ten days, sign the law and publish it.
In considering the President returned the law passed earlier Majlisi Namoyandagon two-thirds majority vote of the Majlisi Milli and Majlisi Namoyandagon re-approve the law by not less than two-thirds.
If the President returns constitutional law, the Majlisi Namoyandagon and the National Assembly established by the Constitution to re-consider the law. If during the second constitutional law is approved in the earlier adopted wording by not less than three-fourths vote of all members of the Majlisi Milli and Majlisi Namoyandagon, the President within ten days of signed a constitutional law and publish it.
Article 63. Majlisi Milli and Majlisi Namoyandagon at their joint meeting may dissolve itself ahead of time with the consent of not less than two-thirds of the members of the Majlisi Milli and Majlisi Namoyandagon.
Majlisi Milli and Majlisi Namoyandagon not be dissolved during a state of emergency and martial law.

Chapter Four

PRESIDENT

Article 64. President of the Republic of Tajikistan is the head of state and executive power (Government).
The President is the guarantor of the Constitution and laws, rights and freedoms of man and citizen, national independence, unity and territorial integrity, continuity and longevity of the state, coordinated functioning and interaction of state bodies, to comply with international treaties of Tajikistan.
Article 65. The President is elected by the citizens of Tajikistan on the basis of universal, equal and direct suffrage by secret ballot for a term of 7 years.
Every citizen of the Republic of Tajikistan, at least 35 years, who knows the state language and permanently resident in the territory of the Republic at least the last 10 years may be nominated as a candidate for President.
Candidate for President may be registered in person for the nomination which collected the signatures of at least 5 percent of the voters.
The same person can not be President for more than two consecutive terms.
Article 66. Election of the President is only valid if they attended more than half the voters.
The candidate for the presidency in favor of whom more than half of voters who participated in the vote.
Procedure for election of the President is determined by constitutional law.
Article 67. President before taking office shall take the joint meeting of the Majlisi Milli and Majlisi Namoyandagon oath:
"I, as President, swear to defend the Constitution and laws of the republic, guarantee the rights, freedoms, honor and dignity of citizens, protect the territorial integrity, political, economic and cultural independence of Tajikistan, to serve the people."
The President's powers are terminated after taking the oath to the newly elected President.
Article 68. The President shall not hold any other position, be a member of representative bodies, to engage in entrepreneurial activities.
Article 69. Powers of the President:
1. Defines the main directions of domestic and foreign policy of the republic;
2. Tajikistan represents domestic and international relations;
3. Form and abolish Ministries and State Committees;
4. Appoints and dismisses the Prime Minister and other Cabinet members, is the appointment and dismissal of the Prime Minister and other Cabinet members for approval by the Joint Meetings of the Majlisi Milli and Majlisi Namoyandagon;
5. Appoint and dismiss chairmen of the Gorno-Badakhshan Autonomous Oblast, the city of Dushanbe, cities and districts, submit them for approval of the Councils of People's Deputies;
6. Cancel or suspend acts by organs of executive power in the event of conflict with the Constitution and laws;
7. Appoint and dismiss the Chairman of the National Bank, his deputies and the decrees of this is for the approval of Majlisi Namoyandagon;
8. Represents the National Assembly for election and recall of the chairman, deputy chairmen and judges of the Constitutional Court, the Supreme Court and the Supreme Economic Court;
9. With the consent of the National Assembly appoints and dismisses the Prosecutor General and his deputies;
10. Creates Office of the President;
11. Creates the Security Council and direct it;
12. A Council of Justice;
13. By the Council of Justice shall appoint and dismiss judges of military courts, the courts of the Gorno-Badakhshan Autonomous Oblast, the city of Dushanbe, towns and regions, economic courts of the Gorno-Badakhshan Autonomous Oblast, Dushanbe;
14. A referendum, elections to the Majlisi Milli and Majlisi Namoyandagon, the local representative bodies;
15. Signs laws;
16. Determines the monetary system and inform the Majlisi Milli and Majlisi Namoyandagon;
17. Disposes of a reserve fund;
18. Directs the conduct of foreign policy and sign international treaties and submit them for approval to the Majlisi Namoyandagon;
19. Appoints and dismisses heads of diplomatic missions in foreign countries and representatives of the republic in international organizations;
20. Receive the credentials of heads of diplomatic missions of foreign states;
21. Chief of the Armed Forces of Tajikistan, appoints and dismisses the commanders of the Armed Forces of Tajikistan;
22. Declares martial law when the real threat to national security, and makes a decree for the approval of this joint session of the Majlisi Milli and Majlisi Namoyandagon;
23. Uses the Armed Forces of the Republic of Tajikistan abroad to meet international obligations of Tajikistan, with the consent of the Majlisi Milli and Majlisi Namoyandagon;
24. Declares state of emergency throughout the country or in certain areas, with immediate introduction of this decree for the approval of the joint session of the Majlisi Milli and Majlisi Namoyandagon and the message to the United Nations;
25. Resolve issues of citizenship;
26. Grant political asylum;
27. Grant pardons;
28. Confers high military ranks, diplomatic ranks and special ranks and titles;
29. Awards citizens state awards, state awards and honorary titles of Tajikistan;
30. Performs other duties prescribed by the Constitution and laws.
Article 70. President within his powers shall issue decrees and orders, inform a joint session of the Majlisi Milli and Majlisi Namoyandagon on the situation in the country, introduced a joint session of the Majlisi Milli and Majlisi Namoyandagon issues that are considered important and necessary.
Article 71. In case of death, resignation, incapacity of the President of the recognition of his duties before taking office, President-elect go to the Chairman of the National Assembly and the powers of the President of the National Assembly assigned to his first deputy.
In these cases, within three months of an election of the President.
Powers of the President may be terminated by his resignation, he made at a joint session of the Majlisi Milli and Majlisi Namoyandagon, by a vote of the majority of the Majlisi Milli and Majlisi Namoyandagon, voting on each of them separately.
When the impossibility of the President of his duties because of illness, both the Majlis, at their joint meeting on the advice they create state medical board, make a decision on early release of the President from office at least two-thirds vote of all members and deputies of each of the Majlis.
Article 72. The President has the right of integrity.
The President shall have no immunity in case he commits treason on the basis of the Constitutional Court and with the concurrence of two thirds of the members of the Majlisi Milli and Majlisi Namoyandagon, voting on each of them separately.

Chapter Five

GOVERNMENT

Article 73. The Government of the Republic consists of the Prime Minister, his first deputy and deputies, ministers, chairmen of state committees.
The Government ensures effective management of economic, social and cultural spheres, and the execution of laws, joint resolutions of the Majlisi Milli and Majlisi Namoyandagon, the National Assembly decrees, resolutions of the Majlisi Namoyandagon, decrees and orders of the President of Tajikistan.
Members of the Government shall not hold any other position, to be deputies of representative bodies, to engage in entrepreneurial activity, except scientific, creative and educational activities.
Article 74. The Government, in accordance with the Constitution and laws of the Republic issues decisions and orders, pursuant to which the territory of Tajikistan is mandatory.
The Government shall relinquish powers to the newly elected President.
In the event that the Government of his inability to function normally, it may declare the President's resignation. Each member of the Government shall have the right to resign.
The order of the organization, activities and powers of the Government are determined by constitutional law.
Article 75. The Government shall submit to the Majlisi Namoyandagon socio-economic programs, extradition and to obtain government loans, economic aid to other states, the draft state budget and the possible size of the state budget deficit, the sources of its coverage.

 

Chapter Six

Local Government

Article 76. Local government consists of representative and executive bodies that act within their powers. They enforce the Constitution, laws, joint resolutions of the Majlisi Milli and Majlisi Namoyandagon, the National Assembly decrees, resolutions of the Majlisi Namoyandagon, acts of the President and the Government of the Republic of Tajikistan.
Article 77. Local representative body of power in the regions, cities and districts Majlis deputies, headed by the chairman. The term of office of Majlis deputies of 5 years.
Majlis deputies approve the local budget and report on its performance, identifies the socio-economic development of the area, local taxes and fees in accordance with the law, defines ways to control and ownership of communal property, and exercises other powers determined by the Constitution and laws.
Article 78. Executive power is exercised by a representative of the President - Chairman of the oblast, city and district.
Representative and executive authorities of the respective administrative-territorial units headed by a chairman.
Chairmen of Gorno-Badakhshan Autonomous Oblast, the city of Dushanbe, cities and districts appoint and dismiss the President by presenting them for approval by the respective Councils of People's Deputies.
The Chairman is responsible to the superior executive authority and the Majlis deputies.
The order of formation, powers and activities of local authorities are governed by constitutional law
Body of government town and villages is Jamoat, order of formation, powers, and whose activities are regulated by law.
Article 79. Representative bodies and the chairman within its powers, adopt legal acts which are binding in their respective territories.
In case of inconsistency the Constitution and laws of the representative bodies and the chairman are reversed by higher authorities, by the authorities, the chairman and the courts.
Article 80. In the event of systematic failure Majlis deputies of Gorno-Badakhshan Autonomous Oblast, the city of Dushanbe, towns and districts of the Constitution and laws of the National Assembly the right to dissolve it.

Chapter Seven

MINING-Badakhshan
Autonomous Oblast

Article 81. Gorno-Badakhshan Autonomous Region is an integral and indivisible part of the Republic of Tajikistan.
Change the boundaries of the territory of the Gorno-Badakhshan autonomous region without the consent of the Majlis deputies are prohibited.
Article 82. Majlis deputies of Gorno-Badakhshan Autonomous Region has the right of legislative initiative.
Article 83. The powers of the Gorno-Badakhshan Autonomous Region in social, economic and cultural spheres, and other powers determined by constitutional law area.

Chapter Eight

THE COURT

Article 84. The judiciary is independent and is exercised on behalf of the state judges. The judicial power protects the rights and freedoms of man and citizen, interests of the state, organizations, institutions, law and justice.
Judicial power is exercised by the Constitutional Court, Supreme Court, Supreme Economic Court, Military Court, the Gorno-Badakhshan Autonomous Region, the courts of oblasts and Dushanbe, towns and districts, the Economic Court of Gorno-Badakhshan Autonomous Region, regions and economic courts of the city of Dushanbe.
Organization and procedure of the courts determine the constitutional law.
The term of office of judges for 10 years.
The establishment of emergency courts is prohibited.
Article 85. For judges of the Supreme Court, Supreme Economic Court, Court of Gorno-Badakhshan Autonomous Region, the regional courts and judges in Dushanbe elected and appointed lawyers are not 30 years old and no older than 65 years, having experience as a judge for at least 5 years.
For judges of city and district courts, the Military Court, Economic Court of Gorno-Badakhshan Autonomous Oblast and the city of Dushanbe, the person shall be appointed at least 25 and no older than 65 who have professional experience of at least 3 years.
Article 86. Judges of the Military Court, judges of the Court of Gorno-Badakhshan Autonomous Region, the courts of oblasts, cities of Dushanbe, cities and districts, judges of the Economic Court of Gorno-Badakhshan Autonomous Oblast and the city of Dushanbe are appointed and dismissed by the President of the Council of Justice.
Article 87. Judges are independent and subject only to the Constitution and the law. Interference in their activities is prohibited.
Article 88. Judges consider cases collectively and individually.
The lawsuit is based on the principle of adversarial proceedings and equality of arms.
Proceedings in all courts shall be open, except as provided by law.
Judicial proceedings are conducted in the official language or the language of the majority population of the area. Persons who do not speak the language of the proceedings shall be provided with an interpreter.
Article 89. The Constitutional Court consists of seven people, one of whom is a representative of the Gorno-Badakhshan Autonomous Region.
Judges of the Constitutional Court are elected from among the lawyers at least 30 and no older than 65 years, with professional experience of at least 10 years.
The powers of the Constitutional Court:
1) determination of compliance with laws, joint legal acts of the Majlisi Milli and Majlisi Namoyandagon, legal acts of the National Assembly, the Majlis Namoyandagon, the President, the Government, the Supreme Court, Supreme Economic Court and other state and public bodies, and do not come into legal force of treaties of the Constitution of Tajikistan ;
2) the resolution of disputes between state agencies regarding their competence;
3) the performance of other duties as stipulated by the Constitution and laws.
Acts of the Constitutional Court are final.
Article 90. A judge may not hold any other position, be a member of the representative bodies, members of political parties and associations, entrepreneurs, besides scientific, creative and educational activities.
Article 91. The judge has the right to privacy. Without the consent of the Authority, its elected or appointed, the judge is not subject to arrest and criminal liability. A judge shall not be detained unless his detention at a crime scene.
Article 92. Legal aid is guaranteed at all stages of investigation and trial.
Organization and procedures of the legal profession and other forms of legal assistance shall be determined by law.

Chapter Nine

PROSECUTOR

Article 93. Supervise the strict and uniform enforcement of laws on the territory of Tajikistan is exercised the Attorney General and subordinate prosecutors within their powers.
Article 94. Unified and centralized system of the prosecution of Tajikistan headed by the Attorney General. Attorney General is accountable to the National Assembly and the President.
Article 95. Prosecutor General of Tajikistan shall be appointed for a term of 5 years.
Attorney General appoints procurators subordinate to him and frees them. The term of office of prosecutors of 5 years.
Activities, powers and structure of the prosecution are governed by constitutional law.
Article 96. The Prosecutor General and subordinate prosecutors shall exercise their powers independently of other state bodies, officials and obey only the law.
Article 97. The prosecutor did not occupy any other position, be a member of the representative bodies, members of political parties and associations, entrepreneurs, besides scientific, creative and educational activities.

Chapter Ten

CHANGE ORDER
CONSTITUTION

Article 98. Changes and additions to the Constitution shall be made by referendum.
The referendum shall be appointed by the President or with the consent of the Majlisi Namoyandagon least two-thirds of the total membership.
Article 99. Proposals on changes and amendments to the Constitution shall be made by the President or not less than one-third of the members of the Majlisi Milli and Majlisi Namoyandagon.
Proposals for the amendment of the Constitution published in the press three months before the referendum.
Article 100. Republican form of government, territorial integrity, democratic, constitutional, secular and social nature of the state unchanged.

TRANSITIONAL PROVISIONS

1. Changes and additions to the Constitution of the Republic of Tajikistan shall enter into force after the results of the referendum and the date of their official opublikokovaniya.
2. Laws and other regulations in force prior to making "Changes and Amendments to the Constitution of the Republic of Tajikistan", act the part which is not contrary to the changes and additions.
3. Election of President for two terms in succession, under the fourth part of Article 65, beginning at the end of the incumbent President.
4. Judges of all courts of the Republic of Tajikistan, elected or appointed before the effective date entered, "Changes and Amendments to the Constitution of the Republic of Tajikistan" shall remain in office until the end of their term. After the entry into force of amendments, judges are elected or appointed for a term of 10 years.