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 September/October 2007
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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

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 .

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):

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

International Organization Legal Resources

Law schools

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)