Unofficial translation

Draft
Amendments and supplements to the Constitution (Basic Law)
of the Republic of Tajikistan

1. From the title and text of the Constitution (Basic Law) of the Republic of Tajikistan the word “(Basic Law)” shall be excluded.
2. In Article 1:

• Part two shall be amended to read:

“the form of government of the Republic of Tajikistan shall be presidential.”;

-parts two and three shall accordingly be considered as parts four and five.

3. Part one of Article 5 shall be amended to read as follows:

“Human, rights and freedoms of the person are inviolable.”.

4. In the part four article 7 the words “administrative and border units” shall be replaced by the words “administrative and border units”[i]
5. In Article 8:

• in the part four the word “Associations” shall be replaced by the word “Associations”;[ii]
• part six shall be supplemented to read as follows:

“The activity of the political parties of foreign countries, establishing parties of nationalist and religious character, as well as financing parties from the countries and foreign organizations, legal persons and foreign citizens is prohibited in Tajikistan.”

6. In Article 14:

• In the part two the words “and local authorities, self-government bodies” shall be replaced by the words “local authorities of the executive power and self-government bodies”;
• In the part three the words “rights and liberties of the citizen” and “constitutional structure” shall be accordingly replaced by the words “rights and liberties of individual and citizen” and “basics of the constitutional structure, state security, defense of the country, behavior of the community, population health”.

7. In Article 15:

• Part one shall be amended to read:

“Citizen of the Republic of Tajikistan is a person, who was a citizen of the republic of Tajikistan on the day of the adoption of the Constitution or acquired the citizenship of Tajikistan in accordance with the legislation of the Republic of Tajikistan or international treaties recognized by Tajikistan.”;

• In the part two the conjunction “and” shall be replaced by the conjunction “or”;
• Part three shall be amended to read as follows:

“The procedure of acquisition or cessation of the citizenship of the Republic of Tajikistan is regulated by the constitutional law.”.

8. In the part two Article 16 the words “rights and liberties” shall be replaced by the word “established rights and liberties”.
9. In the part one Article 18 the words “right to life” shall be replaced by the words “right to life”.[iii]
10. In the part two Article 20 the word “criminal” shall be replaced by the word “criminal”.[iv]
11. In the part four Article 27 the word “Citizens” shall be replaced by the word “Citizens”.[v]
12. The second sentence of the first part Article 28 shall be amended to read as follows:

“The citizen has the right to participate in organizing of political parties, professional unions and other public associations, and to voluntarily join or quit them.”.

13. In the part three Article 32 after the word “political parties” the punctuation “,” and the words “other legal persons” shall be supplemented.
14. The part two Article 34 shall be supplemented to read as follows:

“Parents are responsible for education and upbringing of their children, and adult children are responsible for caring and social ensuring of their parents.”.

15. In Article 37 the word “paid” shall be replaced by the word “paid”.[vi]
16. In the part one of the Article 38 the word “tourism” shall be replaced by the word “tourism”.[vii]
17. In Article 40:

• In the part one the words “Law shall protect intellectual property” shall be replaced by the words “The intellectual property is under the protection of law”;
• In the part three the preposition “in” shall be replaced by the preposition “under”.

18. In the part one of the Article 45 the words “Everyone shall be obliged to pay taxes and duties specified by law.” shall be accordingly replaced by the words “Paying taxes and duties specified by law is obligatory”.
19. In Article 49:

• The third sentence of the part one shall be amended to read:

“Only a person whose age is not younger than 30 possessing a citizenship of the Republic of Tajikistan and having a higher education shall be eligible to be elected as a delegate of the Majlisi namoyandagon.”

• The part five shall be amended and read as follows:
• “Only a person whose age is not younger than 30 possessing a citizenship of the Republic of Tajikistan and having a higher education can be elected as a member of the Majlisi mili.”;
• The part seven shall be amended to read as follows:

“the member of the Majlisi mili and a delegate of the Majlisi namoyandagon  upon election or appointment at the session of the Majlisi mili and Majlisi namoyandagon shall make a swear an oath before the people of Tajikistan.”;

• The part seven shall be considered as a part eight and shall be amended to read:

“The number of Majlisi mili and Majlisi namoyandagon members, procedure of election or appointment is defined by the constitutional law.”

20. In the part three Article 51 the words “taking effect of the court’s indictment, cessation of citizenship” shall be replaced by the words “entry into legal force of the court’s conviction, cessation of citizenship, acquisition of citizenship of the other state,”.
21. In paragraph 1 part one Article 56 the words “territorial and the administrative units” shall be replaced by the words “territorial and the administrative units”.[viii]
22. In article 61:

• In the part two the words “two thirds” shall be replaced by the words “two fourths”;
• The part three shall be amended to read as follows:

“The interpretation of the Constitution, in accordance with the present procedure, shall be adopted by the Majlisi namoyandagon in the form of constitutional law and shall be favoured by the Majlisi mili.”.

23. In the part two Article 64 the word “treaties” shall be replaced by the word “treaties”.[ix]
24. In Article 65:

• Part two shall be amended to read as follows:

“Only a person whose age is not younger than 30, possessing a citizenship of the Republic of Tajikistan and having a higher education, speaking the state language and having been residing in the territory of the republic at least for the last 10 years can be nominated to the post of the President.”

• The part 5 shall be supplemented to read:

“The limitation provided in the present Article shall not be applied in respect to the Founder of peace and national unity – the Leader of nation. The legal status and authority of the Founder of peace and national unity – the Leader of nation shall be regulated by the constitutional law.”.

25. In Article 69:

• In the paragraph 7 the words “for confirming to” shall be replaced by the words “for the approval to”;
• The paragraph 12 shall be excluded;
• The words “on the proposal of the Council of Justice” shall be excluded from the paragraph 13;
• In the paragraph 18 the word “treaties” shall be replaced by the word “treaties”;[x]
• Paragraphs 13-30 shall accordingly be considered as paragraphs 12-29.

26. The article 71 shall be supplemented by the part 5 to read as follows:

“Social insurance, service and protection of the President shall be regulated by the constitutional law.”.

27. In Article 73:

• The part three shall be supplemented to read:

“The member of the Government once appointed by the President of the Republic of Tajikistan and approved by the decree, shall make a swear an oath to the President of the Republic of Tajikistan at the joint meeting of the Majlisi mili and Majlisi namoyandagon.”;

• The part three shall be considered as the part four, and after the words “Member of the Government” the words “be only a citizen of the Republic of Tajikistan” shall be supplemented.

28. In the part one Article 74 the word “territory” shall be replaced by the word “territory”.[xi]
29. The title of the chapter six shall be amended as follows:

“LOCAL AUTHORITY OF THE EXECUTIVE POWER AND SELF-GOVERNMENT”.

30. In Article 76 the words “Local government” shall be amended to the words “Local government of the executive power”.
31. In Article 78:

• The part one shall be amended to read:

“The local authority of the executive power shall be governed by the  Chairman of the region, city or district.”;

• In the part two the word “border units” shall be replaced by the word “border units”;[xii]
• In the part five the words “local government authorities” shall be replaced by the words “local government authorities of the executive power”;
• In the part six the word “jamoat” shall be replaced by the word “Jamoat”.

32. In the part one Article 79 the words “in that territory” shall be replaced by the words “in that territory”.[xiii]
33. In Article 84:

• In the part three the words “structure and activity” shall be replaced by the words “procedure of establishing and organization”;
• In the part five the word “creation” shall be replaced by the word “establishing”.

34. The Article 85 shall be amended to read:

“Article 85. Only a citizen of the Republic of Tajikistan, possessing a higher legal education, with the age of not younger than 30 and with the work experience as a judge not less than 5 years shall be eligible to be elected or appointed to the post of judge of Supreme Court, Supreme economic court, courts of Badakhshan Mountainous Autonomic Region, regions and Dushanbe city.

Only a citizen of the Republic of Tajikistan, possessing a higher legal education, with the age of not younger than 25 and with the professional work experience of not less than 3 years shall be eligible to be elected or appointed to the post of judge of courts of cities and districts, military court, economic courts of Badakhshan Mountainous Autonomic Region, regions and Dushanbe city. The  age of retirement from the post of judge is defined by the constitutional law.

A person appointed to the post of a judge for the first time shall swear an oath at a ceremonial occasion.”

35. In Article 86 the words “resolution made by the Council of Justice” shall be replaced by the words “according to the established procedures provided by the constitutional law”.
36. In Article 89:

• The part two shall be amended to read as follows:

“Only a citizen of the Republic of Tajikistan, possessing a higher legal education, with the age of not younger than 30 and with the professional work experience of not less than 7 years shall be eligible to be elected or appointed to the post of judge of Constitutional Court. The age of retirement from the post of judge is defined by the constitutional law.”

• The part three shall be supplemented to read as follows:

“A person appointed to the post of judge of the Constitutional Court for the first time shall swear an oath at the meeting of Majlisi mili.”;

• The part three shall be considered as a part four, and in the paragraph 1) after the word “acts” the word “normative” shall be supplemented, and the word “treaties” shall be replaced by the word “treaties”;[xiv]
• The part four shall be considered as a part five.

37. In the Article 91 the word “criminal” shall be replaced by the word “criminal”.[xv]
38. In the Article 93 the word “territory” shall be replaced by the word “territory”.[xvi]
39. In the whole text of the Constitution (Basic Law) of the Republic of Tajikistan the word “right” shall be replaced by the word “right”.[xvii]
40. In the chapter FINAL PROVISIONS:

-the part 4 shall be supplemented to read:

“The member of the Majlisi mili, delegates of the Majlisi namoyandagon and members of the Government, in accordance with the procedures provided by the Constitution and constitutional laws shall swear an oath upon entry into force of the “Amendments and Supplements to the Constitution (Basic Law) ”.”.

[i] The amendment relates only to the Tajik text of the Constitution (the words “marzivu mamuriro” is replaced by the synonyms “mamuriyu hududi”).

[ii] The amendment relates only to the Tajik text of the Constitution (the word “Tashkilothoi — Organization” is replaced by the word “Ittihodiyahoi — Associations”).

[iii] The amendment relates only to the Tajik text of the Constitution (the word “haq” is replaced by synonym “huquq”).

[iv] The amendment relates only to the Tajik text of the Constitution (the word “jinoi” is replaced by synonym “jinoyati”).

[v] The amendment relates only to the Tajik text of the Constitution (the word “Shakhsoni — Persons” is replaced by the word “Shahrvandoni — Citizens”).

[vi] The amendment relates only to the Tajik text of the Constitution (the word “puli — financial” is replaced by the word “pardokhtshavanda — paid”).

[vii] The amendment relates only to the Tajik text of the Constitution (the word “turizm ” is replaced by synonym “saiyohi”).

[viii] The amendment relates only to the Tajik text of the Constitution (the words “marzivu mamuri ” is replaced by synonym “mamuri hududi”).

[ix] The amendment relates only to the Tajik text of the Constitution (the word “qarordodhoi ” is replaced by synonym “shartnomahoi”).

[x] The amendment relates only to the Tajik text of the Constitution (the word “qarordodhoi ” is replaced by synonym “shartnomahoi”).

[xi] The amendment relates only to the Tajik text of the Constitution (the word “qalamravi” is replaced by synonym “hududi”).

[xii] The amendment relates only to the Tajik text of the Constitution (the word “qalamravi” is replaced by synonym “hududi”).

[xiii] The amendment relates only to the Tajik text of the Constitution (the word “qalamravi” is replaced by synonym “hududi”).

[xiv] The amendment relates only to the Tajik text of the Constitution (the word “qarordodhoi ” is replaced by synonym “shartnomahoi”).

[xv] The amendment relates only to the Tajik text of the Constitution (the word “jinoi” is replaced by synonym “jinoyati”).

[xvi] The amendment relates only to the Tajik text of the Constitution (the word “qalamravi” is replaced by synonym “hududi”).

[xvii] The amendment relates only to the Tajik text of the Constitution (the word “haq” is replaced by synonym “huquq”).