Constitution of Tajikistan

Art. 8. In Tajikistan public life shall develop on the basis of political and ideological diversity. No ideology, including religious ideology, shall be granted the status of state ideology. Social associations may be established and may function within the framework of the constitution and the law. The state shall provide equal opportunities for their activities. Religious organizations shall be separated from the state and shall not interfere with the state affairs. The establishment and functioning of social associations which encourage racism, ethnic nationalism, social and religious enmity and hatred, and advocate the forcible overthrow of the constitutional structure and formation of armed groups is prohibited.

Art. 9. State power shall be exercised on the basis of the separation of legislative, executive and judicial powers.

Art. 10. The Constitution of Tajikistan has supreme legal authority and its norms have direct application. Laws and other legal acts which run counter to the constitution shall have no legal validity. The state and all its bodies, officials, citizens and their associations are duty bound to observe and implement the constitution and laws of the republic. International legal documents recognized by Tajikistan are a constituent part of the legal system of the republic. If republican laws do not conform to the recognized international legal documents, the norms of the international documents shall apply. International laws and documents recognized by Tajikistan shall apply following official publication.

Art. 11. Tajikistan shall implement a peaceful policy, respecting the sovereignty and independence of other states of the world and will determine foreign relations on the basis of international norms. Proceeding from the supreme interests of the people, Tajikistan may join or withdraw from international associations and organizations and establish relations with foreign countries. The state shall cooperate with compatriots living abroad.

Art. 12. The state shall protect the family as the basis of society.

Art. 13. The economy of Tajikistan is based on various forms of ownership. The state will guarantee freedom of economic activity, entrepreneurship, equality of rights and the protection of all forms of ownership, including private ownership. Exceptions to ownership of the state is specified by law.

Art. 14. The state shall guarantee the use of land, other natural resources and the environment in the interests of the people of Tajikistan.

CHAPTER TWO

RIGHTS, FREEDOMS, RESPONSIBILITIES

OF A PERSON AND A CITIZEN

Art. 15. Each person and his natural rights - life, honor, dignity and freedom are inviolable. The rights and freedoms of the individual are guaranteed, regulated and protected by the Constitution and laws, international legal documents recognized by Tajikistan. The Constitution and laws admit limitations of rights and freedoms only with the purpose of providing rights and freedoms of other citizens, social order, protection of the constitutional structure and territorial integrity of the republic.

Art. 16. A person is considered to be a citizen of Tajikistan who on the day of the adoption of this Constitution is a citizen of the Republic of Tajikistan. Membership of the citizens of Tajikistan to the citizenship of another state is not recognized, except in cases stipulated by law and intergovernmental agreements of Tajikistan. The procedure for acquiring and forfeiting citizenship is defined by law.

Art. 17. A citizen of Tajikistan outside the country should be protected by the state. No citizen of the republic shall be extradited to a foreign state. The extradition of a criminal to a foreign state shall be resolved on the basis of mutual agreement. Foreign citizens and stateless persons shall have the same rights, freedoms, responsibilities and duties as a citizen of Tajikistan, except in cases stipulated by law. Tajikistan shall offer political asylum to foreign citizens whose human rights are violated.

Art. 18. All shall be equal before the law and the courts. The state shall guarantee the rights and freedoms of every person regardless of ethnic nationality, race, sex, language, religious beliefs, political stance, social status, knowledge or property.

Art. 19. Each person shall have the right to life. No one may be deprived of life except by order of a court for the gravest crime.

Art. 20. The state shall protect the freedom, inviolability, and dignity of the individual. No one may be subjected to torture, cruelty, or any other inhumane treatment. It is forbidden to subject a person to forced medical or scientific experiments.

Art. 21. Each person is guaranteed judicial protection. Each person is entitled to demand that his case be considered by a competent and impartial court. No one may be arrested, kept in custody, or exiled without a legal reason. Each person is entitled to legal assistance from the moment of his arrest and to complain to a court on the basis of law.

Art. 22. No one shall be judged guilty of a crime except by sentence of a court in accordance with the law. No one may be tried twice for a crime. A law adopted after an illegal act has been committed by a person and which envisages severe punishment shall not retrospective effect. If after an illegal act has been committed a law is passed which envisages either no punishment or light punishment, the new law shall apply. Total confiscation of the property of a convicted person is prohibited.

Art. 23. The law shall safeguard the rights of the victim. The state shall guarantee judicial protection and compensation to the victim.

Art. 24. A person's home shall be inviolable. It is forbidden to forcibly enter the home of a person except in cases prescribed by law. No one may be deliberately deprived of their home.

Art. 25. Secrecy of private correspondence, telephone conversations, and the postal and communication rights of each person shall be ensured, except in cases prescribed by the law.

Art. 26. Each citizen has the right to travel, freely choose his place of residence, to leave the republic, or to return to it.

Art. 27. Each person shall have the right to form a family. Men and women who have reached a marriageable age shall have the right to freely marry without any hindrance. Husband and wife shall have equal rights in marriage and in divorce.

Art. 28. Mother and child are entitled to special care and protection by the state. Parents shall be responsible for the upbringing of their children, and adult children of working age shall be responsible for providing assistance and taking care of their parents. The state shall be responsible for providing assistance and taking care of their parents. The state shall be responsible for the protection, upbringing, and education of orphan children.

Art. 29. The collection, storage, utilization, or dissemination of information about a person's private life without his consent are forbidden.

Art. 30. State bodies, social associations and officials shall be obliged to ensure that each person has the opportunity to seek and see documents affecting his rights and interests, except in cases prescribed by the law.

Art. 31. Each person has the right to freely determine his position toward religion, to profess any religion individually or together with others, or not to profess any, and to take part in religious customs and ceremonies.

Art. 32. Each citizen has the right to take part in political life and state administration directly or via their representatives. Citizens have equal rights to state service. Each citizen has the right to elect or be elected from the age of 18 years. A citizen can be elected to Majlisi-Millis when he reaches the age of 25. Citizens deemed incompetent by a court or who are deprived of liberty in accordance with a court sentence do not have the right to take part in elections and referendums. Elections and referendums are held on the basis of universal, equal and direct suffrage in a secret ballot.

Art. 33. The formation of social associations, joining and leaving them by citizens is voluntary.

Art. 34. Citizens have the right to take part peacefully without weapons in meetings, rallies, demonstrations, and processions. No one can be forced to take part in the above-mentioned activities.

Art. 35. Each person is guaranteed freedom of speech, publication and the right to utilize means of information. State censorship and prosecution for criticism is prohibited. The list of information constituting a state secret is specified by law.

Art. 36. Each person has the right to ownership and inheritance. No one is permitted to suspend and limit an individual's right to ownership. The property of an individual is only taken away on the basis of law and the consent of the owner for the requirement of the state and society by paying full compensation. Any material and spiritual damage inflicted on an individual as a result of illegal actions by state bodies, social associations or individuals will be compensated in accordance with law.

Art. 37. Each person has the right to work, to choose his profession or work, and to protection of labor. Wages for labor cannot be less than the minimum wage. Any limitation is prohibited in labor relations. Equal wages shall be paid for the same work. Forced labor is not permitted, except in cases defined by law. Using women and child labor is prohibited in heavy and underground work and in harmful conditions.

Art. 38. Each person has the right to entrepreneurial activities and is allowed to utilize paid labor in accordance with the law.

Art. 39. Each person has the right to housing. This right is ensured by means of construction of state, public, cooperative and private housing.

Art. 40. Citizens have the right to leisure. These rights are ensured by establishing working days and weeks, paid annual holidays, weekly days off and other conditions prescribed by law.

Art. 41. Each person has the right to health care. This right is ensured by providing free medical assistance in state medical establishments and by measures aimed at protecting the environment. Other forms of medical assistance are defined by law.

Art. 42. Each person is guaranteed social security in old age, in the event of sickness and disability, loss of ability to work, loss of a guardian, or other instances prescribed by the law.

Art. 43. Each person has the right to participate freely in his society's culture, arts, and in scientific and technical creation and to utilize their achievements. The state protects cultural and spiritual riches. Intellectual property is protected by law.

Art. 44. Each person has the right to education. The state guarantees access to free general education. Other forms of acquiring education is defined by law.

Art. 45. On the territory of Tajikistan each person is obliged to observe the Constitution and the laws and to recognize the rights, freedoms, dignity, and honor of others. Ignorance of the law is no defence.

Art. 46. Protecting the homeland; safeguarding the interests of the state; and strengthening its independence, security, and defence capabilities are the sacred duties of citizens. The procedure for military service is specified by law.

Art. 47. The protection of the environment, land and other natural resources, and the historical and cultural heritage and their efficient utilization are the duties of each person.

Art. 48. Each person is obliged to pay taxes and duties specified by law. Laws introducing new taxes or aggravating the economic situation of the tax payer cannot be retroactive.

CHAPTER THREE

MAJLISI MILLI (THE NATIONAL ASSEMBLY)

Art. 49. Majlisi Milli is the highest representative and legislative body of the Republic of Tajikistan. Majlisi Milli is elected for a five-year term. The establishment and activities of Majlisi Milli is specified by law.

Art. 50. The powers of Majlisi Milli:

1. The enactment and amendment of laws and orders, and their

annulment;

2. Interpretation of the Constitution and laws;

3. Determination of the basic directions of the home and

foreign policy of the republic;

4. Establishment of the Central Election and Referendum

Commission;

5. Specifying the referendum;

6. Specifying the date for election of the president;

7. Specifying the date for election of higher and local

representative bodies;

8. Approving the establishment and abolition of ministries

and state committees;

9. Ratification of the decrees of the president on appointment

and dismissal of the prime ministers, first deputy prime

ministers and deputy prime ministers, ministers, and

chairmen of the state committees;

10. Election and removal of the chairman, deputy chairman, and

judges of the Supreme Court; procurator general of the

republic and his deputies; the chairman and deputy chairman

of the national bank at the proposal of the president;

11. Ratification of the socio-economic programs and the state

budget; approval of loans and economic assistance to other

states; determining the possible amount of the state

budget deficit and the sources of compensating it; determ-

ining the taxation policy;

12. Specifying the monetary system;

13. Specifying or changing the structure and establishment of

border administrative units and changing them;

14. Ratification and annulment of international treaties;

15. Establishment of courts;

16. Ratification of the decrees of the president on the state

of war, peace, and state of emergency;

17. Establishing state awards;

18. Establishing military and diplomatic ranks and special

titles;

19. Approval of state symbols;

20. Approval of the seal of the state;

21. Declaration of general amnesty;

22. Implementation of other duties prescribed by law.

Art. 51. The basic form of the activity of Majlisi Mili is the session. The first session of Majlisi Mili is convened one month after the election of people deputies by the Central Election and Referendum Commission. A session of the Majlisi Mili convenes only when attended by at least two-thirds of the people's deputies.

Art. 52. For the purpose of organizing the work of Majlisi Mili and the implementation of the powers stipulated by the Constitution and the laws, the Presidium of Majlisi Mili under the leadership of the chairman of Majlisi Mili will be established. Composition of the Presidium of Majlisi Mili include chairman of Majlisi Mili, first deputy chairman, deputy chairmen, and chairmen of the committees and standing commissions of Majlisi Mili. Majlisi Mili can elect other people's deputies as members of the Presidium of Majlisi Mili.

Art. 53. Authority of the Presidium of Majlisi Mili:

1. To convene Majlisi Mili;

2. To prepare for the sessions of Majlisi Mili;

3. To coordiante the work of the committees and standing com-

missions of Majlisi Mili;

4. To propose for public discussion draft laws and other im-

portant state and public issues;

5. To organize inter-parliamentary relations;

6. To oversee the activities of publications of Majlisi Mili

and to appoint or dismiss editors-in-chiefs of the pub-

lications;

7. To approve the appointment or recall of the heads of dip-

lomatic missions of Tajikistan in foreign countries and

republican missions at international organizations;

8. To implement other powers stipulated by the Constitution

and other laws. The Presidium of Majlisi Mili adopts

decisions.

Art. 54. Majlisi Mili elects from among the people's deputies chairman of Majlisi Mili, first deputy chairman, deputy chairmen, and chairmen of the committees and standing commissions of Majlisi Mili. One of the deputy chairmen of Majlisi Mili will be a people's deputy representing the Gorno-Badakhstan Autonomous Oblast. The chairman of Majlisi Mili will be elected by secret ballot by a majority of the total number of people's deputies.

Art. 55. Authority of the chairman of Majlisi Mili:

1. To exercise general leadership and direction over issues

which will be discussed at sessions of Majlisi Mili;

2. To preside at sessions and the Presidium of Majlisi Mili;

3. To nominate the first deputy chairman, deputy chairmen,

and chairmen of the committees and standing commissions

of Majlisi Mili;

4. To sign the decisions of Majlisi Mili and its Presidium;

5. To represent Majlisi Mili in the country and abroad;

6. To sign inter-parliamentary agreements;

7. To direct the apparatus of Majlisi Mili and to give orders;

8. To implement other powers stipulated in the Constitution

and laws.

Art. 56. The first deputy chairman and chairmen of Majlisi Mili will carry out the chairman's duties at the chairman's authorization. In the absence of the chairman, the first deputy chairman carries out his duties.

Art. 57. Majlisi Mili will elect, from the people's deputies, members of committees and standing commissions tasked with preparing draft laws, implementing supervisory duties and preparing issues for discussions. Majlisi Mili, if necessary, will establish auditing and investigation commissions.

Art. 58. A people's deputy has the right to ask for information

from any official needed to carry out his duties. A people's deputy can express his opinions freely and vote according to his beliefs.

Art. 59. A people's deputy who is working for the Supreme Council permanently cannot hold any other post, except for scientific and creative activities, and cannot engage in entrepreneurial activities. A citizen of Tajikistan cannot hold two representative positions of authority simultaneously.

Art. 60. A people's deputy has the right of immunity. He cannot be taken into custody, arrested or receive a court-imposed penalty without the sanction of Majlisi Mili. A people's deputy cannot be arrested with the exception of arrest while committing a crime. The authority of a people's deputy will terminate at his resignation, when a court proclaims him incapable, or by a valid decision of Majlisi Mili. The legal status of a people's deputy is defined by law.

Art. 61. The people's deputies, the president and the Council of Deputies of the Gorno-Badakhstan Autonomous Oblast have the right to propose legislation.

Art. 62. The laws of Tajikistan and the decisions of Majlisi Mili are adopted by the majority of vote of the total number of people's deputies. Laws whose adoption is envisaged in the Constitution will be adopted with at least two-thirds votes of the total number of the people's deputies voting in favor.

Art. 63. The laws of Tajikistan are presented to the president for consent. If the president does not agree with law he should return it within 15 days to Majlisi Mili with his objections. If Majlisi Mili once again approves the law with at least a two-thirds majority of people's deputies, the president will sign it. If the president does not return the law within the prescribed period he is duty-bound to sign it. The laws of Tajikistan and the decisions of Majlisi Mili are to be adopted in the state language and will be published in official publications.

Art. 64. Majlisi Mili can be voluntarily suspended before its term ends by a vote of at least two-thirds of the people's deputies. In any case the authority of the people's deputies of Tajikistan terminates on the first day of the session of the new Majlisi Mili.

CHAPTER FOUR

THE PRESIDENT OF THE REPUBLIC

Art. 65. The president is the head of the state and the executive authority. The government of the republic consists of the prime minister, first deputy and deputy prime ministers,

ministers, and chairmen of the state committees. The president is the protector of the Constitution and laws and the rights and freedoms of the citizens and the guarantor of the national independence, unity and territorial integrity, stability and continuity of the state; he ensures the functioning of the bodies of state power and the observance of the international treaties of Tajikistan.

Art. 66. The president is elected by the citizens of Tajikistan on the basis of universal, direct and equal suffrage in a secret ballot for a five-year term. Any citizen aged between 35 and 65 who knows the state language and has lived on the territory of Tajikistan at least for the past 10 years can be nominated to the post of president. Only a person whose nomination is signed by at least 5 percent of the electorate shall be eligible for candidacy to the post of president. A person may not be elected to the office of president for more than two consecutive terms.

Art. 67. The election of the president is only deemed valid if more than half of the electorate takes part in it. A candidate who wins the votes of more than half the voters taking part in the election shall be the president. The procedure for the election of the president is specified by law.

Art. 68. Before assuming office the president takes the following oath in Majlisi Mili: "As president, I do solemnly swear to comply with the Constitution and the laws of the republic; to guarantee the rights, freedoms and dignity of the citizens; to protect the territory and the political, economic and cultural independence of Tajikistan; to serve the nations sincerely".

The authority of the president terminates with the swearing-in of the new president.

Art. 69. The president cannot take any other job. He cannot serve as a deputy or a representative nor engage in entrepreneurial activity. The salary of the president is fixed by Majlisi Mili.

Art. 70. The powers of the president of the republic:

1. To represent Tajikistan internally and in international

relations;

2. To establish or abolish ministries and state committees

with the approval of Majlisi Mili;

3. To appoint and dismiss the prime minister, first deputy

prime ministers, chairmen of the state committees and to

propose them for approval to Majlisi Mili;

4. To form the executive apparatus of the presidency;

5. To appoint and dismiss the Mirs, oblasts, towns and rayons

and propose them for approval to the local Majlis;

6. To nominate the chairman and judges of the constitutional

court; chairman, deputy chairman and judges of the supreme

economic court; the procurator general and his deputies;

the president of the National Bank and his deputies and

propose them for appointment and recall to Majlisi Mili;

7. To appoint and dismiss the judges of the courts of the

Gorno-Badakhshan Autonomous Oblast, oblasts, towns and

rayons at the proposal of the justice minister with the

exception of judges of the towns, and rayons of the Gorno-

Badakhshan Autonomous Oblast;

8. To propose socioeconomic programs and the state budget to

Majlisi Mili for approval. To resolve the issues of state

loans and economic assistance to other states with the

approval of Majlisi Mili and to propose to Majlisi Mili the

issue of the possible amount of state budget deficit and

the sources compensating it;

9. To make proposals to Majlisi Mili to determine the monetary

system;

10. To sign the laws;

11. To annul or suspend documents of state administration when

they contradict the Constitution and laws;

12. To implement foreign policy and to sign international

treaties and propose them for approval of Majlisi Mili;

13. To appoint with the approval of the Presidium of Majlisi

Mili the heads of diplomatic missions in foreign countries

and representatives of the republic in international

organizations;

14. To accept the credentials of foreign diplomatic missions

in Tajikistan;

15. To be the supreme commander of the armed forces of Tajiki-

stan; to appoint and dismiss chief commanders of the armed

forces of Tajikistan;

16. In the event of real danger threatening the security of the

state the president declares a state of war and immediately

proposes the decree to Majlisi Mili for approval;

17. To declare a state of emergency throughout the republic or

in separate parts of it and propose it to Majlisi Mili

immediately;

18. To establish and lead the Security Council;

19. To offer political asylum;

20. To resolve the issues of confirming or depriving of citi-

zenship;

21. To issue pardons;

22. To award special higher military ranks, diplomatic ranks

and professional ranks and titles;

23. To award state prizes, medals and honorable titles of

Tajikistan to the citizens;

24. To implement other powers prescribed in the Constitution

and laws.

Art. 71. The president adopts orders and edicts within the

framework of his authority, informs Majlisi Mili about the country's situation and submits those issues, which he regards as necessary and important to Majlisi Mili for discussion.

Art. 72. In the event of the president's death, resignation, removal from office or inability to perform the duties of the president, the duties of the president will be assumed by the chairman of Majlisi Mili until new presidential elections. Presidential elections will be held within three months in the above-mentioned circumstances. Issues surrounding the resignation or inability to perform the duties of the president will be resolved by the majority of people's deputies in a session of Majlisi Mili.

Art. 73. The president enjoys immunity. If the president breaks the oath or commits a crime, he can be removed from office by Majlisi Mili, taking into account the conclusion of the Constitutional Court by the support of at least two-thirds of people's deputies. A charge of breaking the oath or committing a crime against the president can be put forward by at least one-third of people's deputies. In such circumstances the duties of the chairman of the special session of Majlisi Mili will be assumed by the chairman of the Supreme Court. The people's deputies will take an oath that they will act with a clear conscience and within the framework of law and justice during the discussion of this issue. The investigation will be continued after the removal of the president from office; he will receive a copy of the accusation; and the criminal case will be sent to the court.

CHAPTER FIVE

THE GOVERNMENT

Art. 74. The composition of the government will be formed by the president and submitted for approval to Majlisi Mili. Members of government cannot perform any other duties, be the deputies of representative authorities, or engage in entrepreneurship. The government ensures the effective leadership of economic, social and cultural spheres and implementation of laws and decrees of Majlisi Mili and orders and decrees of the president of Tajikistan.

Art. 75. The government issues orders and decrees in accordance with the laws of the republic, the implementation of which is necessary in the territory of Tajikistan. The government places its authorities before the newly-elected president. The law determines the structure, activity and authority of the government.

CHAPTER SIX

THE LOCAL AUTHORITY

Art. 76. Tajikistan consists of Gorno-Badakhshan Autonomous Oblast, oblast towns, rayons, settlements and villages. The law regulates the structure of border and administrative units and the legal situation of Gorno-Badakhshan Autonomous Oblast.

Art. 77. The local authority consists of representative and executive authorities and functions within the framework of its authorities. They will ensure the implementation of the Constitution, and implementation of laws and decrees of Majlisi Mili and the president.

Art. 78. The local representative power is Majlis (Assembly). The population elects the deputies of Majlis for a term of five years. The mir governs the local executive power. The mir also governs the representative and executive authorities in the border and administrative units. The local Majlis will approve the decree of the president on appointing the mir of Gorno Badakhshan Autonomous Oblast, oblasts, towns and rayons. The local Majlis will elect the mir of a settlement and village by a recommendation of the above authorities. The mir is responsible to the local Majlis and cannot take any actions that are against the Constitution and laws. The law regulates the structure, authorities and the activity of the local power.

Art. 79. The representative authority and mir would adopt the legal documents within the framework of their authority, the implementation of which is necessary in that territory. If the documents do not conform to the Constitution and laws, the documents of the representative authorities and mir would be revoked by the authorities or the court.

Art. 80. Majlisi Mili can dissolve the local Majlis and hold new elections if the local Majlis does not fulfill the demands of the Constitution and laws.

CHAPTER SEVEN

THE COURT

Art. 81. The judicial power is independent and protects rights and freedoms of a person, the interests of the state, organizations and establishments, law and justice. The court's justice is implemented by the Constitutional Court, Supreme Court, Supreme Economic Court, Court of the Gorno-Badakhshan Autonomous Oblast, courts of oblasts, city of Dushanbe, towns and rayons. The creation of emergency courts is not permitted.

Art. 82. Citizens who have reached the age of 30 and are no older than 60, and have at least five years experience in the legal profession may be elected as judges of the Supreme Court,

Supreme Economic Court, courts of oblasts, and the city of Dushanbe. Citizens who have reached the age of 25 and are no older than 60 and have at least three years experience in the legal profession can be elected town and rayon judges.

Art. 83. The judges of Court of the Gorno-Badakhshan Autonomous Oblast, courts of oblasts, the city of Dushanbe, courts of towns and rayons are appointed and dismissed by the president of the republic by the consent of the Minister of Justice. The judges of courts of towns, rayons of the Gorno-Badakhshan Autonomous Oblast are appointed and dismissed by the mir of Gorno-Badakhshan Autonomous Oblast by consent of the Minister of Justice. The law determines the structure and activity of the court.

Art. 84. The term of authority of the judges of the Constitutional Court, Supreme Court and Supreme Economic Court is 10 years. The term of authority of the judges of the courts in Gorno-Badakhshan Autonomous Oblast, oblasts, the city of Dushanbe, towns and rayons is five years.

Art. 85. Judges are independent and are subordinate only to the Constitution and law. Interference in their activity is not permitted.

Art. 86. Judges consider cases collectively or individually. Court proceedings are carried out on the basis of an adversarial system and the equal rights of the parties. The examination of cases in all courts is open, except those cases stipulated in law. Court proceedings will take place in the state language or the language of the majority population of the place. People who do not know the language of the court proceedings will be provided with translators.

Art. 87. The Constitutional Court consists of seven judges. Citizen who have reached the age of 30 and who are no older than 60 may be judges of the Constitutional Court. The judges of the Constitutional Court will be elected from lawyers who have more than 10 years experience in the legal profession. The powers of the Constitutional Court:

1. To determine the conformity with the Constitution, laws and

legal documents of Majlisi Mili, the President, Supreme

Court, Suprem Economic Court and other state and social

authorities and agreements which have not entered into

force in the Republic of Tajikistan;

2. To resolve disputes between state power and authorities;

3. Application to the session of Majlisi Mili related to

charges against the president of treason and breaking the

oath;

4. Implementation of other duties stipulated by law. Those

documents that are considered contradictory to the Consti-

tution by the Constitutional Court will be invalidated. The

decision of the Constitutional Court which has been adopted

within the framework of its authorities is final.

Art. 88. Judges cannot perform other duties, except scientific, teaching and creative work. Judges cannot be deputies of representative authorities, members of parties and political organizations and cannot engage in entrepreneurship.

Art. 89. Judges enjoy immunity. A judge may not be subjected to arrest and criminal proceedings without the permission of that authority which has elected him. A judge may not be arrested except while committing a crime.

Art. 90. Legal assistance is recognized in all stages of the court proceedings.

CHAPTER EIGHT

PROCURATOR'S OFFICE

Art. 91. The procurator-general and procurators who are subordinate to him ensure the thorough control and observance of laws within the framework of their authority.

Art. 92. The procurator-general heads a single centralized system of the Procurator's Office of Tajikistan. The Procurator-General is responsible to Majlisi Mili.

Art. 93. The procurator-general of Tajikistan would be elected for a term of five years. The procurator-general appoints and removes from office those procurators who are subordinate to him. The term of authority of procurators is five years. The law regulates the activity, authority, and structure of the Procurator's Office.

Art. 94. The procurator is functioning independently without interference from the state bodies and officials and only subordinated to law.

Art. 95. The procurator may not perform other duties except scientific, teaching and creative work. The procurator may not be a deputy of representative authorities, members of parties, political organizations and to engage in entrepreneurship.

CHAPTER NINE

STATE OF EMERGENCY

Art. 96. A state of emergency is declared as a temporary measure to ensure the citizen's and state's security in the instances of direct threat to the rights and freedoms of citizens, state's independence, its territorial integrity and natural disasters as a result of which the constitutional authorities of the republic

are unable to act normally. The period of the state of emergency is three months. The president could prolong this period in necessary circumstances. He immediately submits the decree to Majlisi Mili for approval.

Art. 97. During the state of emergency the rights and freedoms stipulated in Article 17, 18, 19, 20, 21, 22, 24, 27, and 31 of the Constitution would not be limited. The president informs the United Nations Organization about the declaration of state of emergency and its duration. The law determines the legal regime of state of emergency.

CHAPTER TEN

PROCEDURE OF INTRODUCING AMENDMENTS TO THE CONSTITUTION

Art. 98. Amendments and addenda to the Constitution take place by means of referendum. The referendum would take place by the support of two-thirds of the people's deputies. The procedure of referendum would be determined by law.

Art. 99. The president or at least one-third of people's deputies of Tajikistan submit addenda and amendments to the Constitution. Proposals related to addenda and amendments to the Constitution would be published in press three months before the referendum.

Art. 100. The form of republic's administration, territorial integrity, democratic, law-based and secular nature of the state are irrevocable.

The following group of people has prepared the draft constitution of the Republic of Tajikistan:

Abdulmajid Dostiyev, First Deputy Chairman of the Supreme

Soviet of the Republic of Tajikistan, head of the group;

Azizova, head of the department of law of the Supreme Soviet

of the Republic of Tajikistan;

Aliyev, Chairman of the Committee for Supervision of the

Constitution, Candidate of Law;

Shavkat Ismoilov, Minister of Justice of the Republic of

Tajikistan, Doctor of Law;

Rafiqa Musoyeva, Chairman of the Supreme Soviet of the

Republic of Tajikistan's Committee for State Structure,

Candidate of Engineering;

Rahimov, Academician of the Academy of Sciences of the

Republic of Tajikistan;

Rahmonov, Deputy Chairman of the Supreme Court of the

Republic of Tajikistan, Candidate of Law;

Safarali Rajabov, Chairman of the Supreme Soviet of the

Republic of Tajikistan's Committee for Legislation, Law

and Order and Human Rights;

Rustamov, a full member of the Academy of Sciences of the

Republic of Tajikistan;

Muhammadnazar Solihov, Procurator-General of the Republic

of Tajikistan;

Khalifabobo Hamidov, First Deputy Minister of Justice of

the Republic of Tajikistan, Candidate of Law.

The draft was discussed and approved taking into account addenda and amendments by the Supreme Soviet of the Republic of Tajikistan's Commission for Preparation of the Draft Constitution of the Republic and recommended for nationwide referendum.

(translated from the original by the Conference on Security and Cooperation in Europe.)