Law on Political Parties

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LAW OF THE REPUBLIC OF TAJIKISTAN ON POLITICAL PARTIES

CHAPTER I. GENERAL PROVISIONS

Article 1. C itizens’ right to associate into political parties
Citizens’ right to associate into political parties is implemented by:
– establishment of political party in accordance with their convictions;
-voluntary joining political parties in case of recognition o f parties’ charters by enterers;
-participation in political parties’ activities in accordance with aims stipulated in parties’
programmers, and in frames determined by parties’ charters;
-free secession from political parties.

Article 2. Political Party
In the conception of political party, a public association in understood, the main task of which is
to take part in political life of the society through forming citizens’ political wills, as well as
exercising power through its members.
Aims and tasks of political party are reflected in its. Charter and Programme, which are
published for public information

CHAPTER II. ESTABLISHMENT AND ACTIVITIES OF POLITICAL PARTIES

Article 3. Establishment of political parties
Only republican political parties can be established in the Republic of Tajikistan. Political parties
are established freely by the, citizens of the Republic of Tajikistan without any permission, in a
Constituent Session (conference, assembly) which adopts the Charter and creates authorities of
a party.
In order to pass state registration a political party shall submit the list of not less than one
thousand supporting citizens, which are inhabitants of most cities and districts of the Republic
of Tajikistan .
A party is considered as juridical person from the date of it’s state, registration.
Following state registration a political party shall have initial organizations in most regions, cities
and districts within three months.
An initiative group on politic al party’s establishment announces, through mass media, the place
and date of a Constituent Session, as well as fundamental tenets of its charter not later than
one month prior to the convening Constituent Session (conference, assembly).
Activities of oth er political parties as well as their structure are prohibited in the territory of
Tajikistan.

Article 4. Limitations for establishment and activities of political parties.
Establishment and activities of political parties, objectives and activities of wh ich are aimed to
forcible overthrow of constitutional system and formation of armed groups “and/or
propagandizes race, national, ethnic, social and religious dissensions, are prohibited.
Political Parties and its members have no right to use religious nou s in their political activities.
Establishment and activities of political parties’ organization at state security, interior, justice
organs, prosecutors’ offices, customs office, tax organs, courts, Armed Forces of the Republic of
Tajikistan, other troops , military units, as well as at the organs of government, secondary and
high schools are prohibited.

Article 5. Membership in Political Parties.
Members in political parties is possible only on basis of voluntary wills of the citizens of the
Republic of T ajikistan.
Judges, prosecutor, military servicemen, personnel of Interior Security organs, tax police,
customs and justice as well as foreign citizens and persons without citizenship cannot be
members of political parties, Political Parties have only indiv idually registered membership.
Citizens of 18 years age can be members of political party.

Article 6. Charter of Political Party.
Charter of political party should contain the following provisions:
1) name, aims and tasks of the political party,
2) struc ture of the political party and its organs.
3) Conditions and procedures of getting and loosing party membership, rights and obligations of
members of political party.
4) Equal right of political party’s members.
5) Compliance of activities and aims of pol itical party with the Constitution of the Republic of
Tajikistan.
6) Procedure of election of the leading bodies of the political party, their power, term of their
duty and location of political party.
7) Publicity of political party’s activities and its o rgans.
8) Procedures of adopting and amending party’s Charter.
9) Properties and material means of the political party, financial resources and its economic
activities.
10) Symbol of the party (if there is).
11) Procedures of cessation and organization of part’s activities. ' -I political party should
contain the following
12) settlement of debates on properties after secession of party activities,
13) organs of political party are elected and accountable.
Other rules, related to party’s activity may be in cluded in Charter.
Adoption of the Charter, programme of political party, nomination of a candidate from the
political party to the organs of state authority of the Republic of Tajikistan and settlement of
other significant issues of political party’s life are carried out under the decision of congress,
conference and plenum, meeting or under the results of party’s members voting.

Article 7. State Registration of the Political Party
State registration of the political party is carried out by the Ministry o f Justice of the Republic of
Tajikistan.
For the state registration of political party within one month i an application signed by person,
who is authorized by constituent session (conference, meeting) of establishing party may be
given to the registration body indicating legal address of the leading bodies. In addition to the
Charter, minutes quotation of Constituent Session (conference, meeting) which adopted the
Charter, the list of the names of not less than ten participants of the meeting, mentioning t heir
passport dates and addresses, one copy of mass media publication which reported the date and
place of Constituent Session (conference meeting) as well as the fundamental tenets of political
party’s Charter bank receipt, which certifies that state cust om for party registration is paid, and
the list of one thousand party members in accordance with the chapter II, article 3 of this law
may be attached.
Registration body is not allowed to ask the party to submit other documents, not mentioned in

the second part of this paragraph.
The registration body registers the political party within on month following submitting of
documents. Violation of the named period is not allowed.
Amendments and changes, which are made to the Charter of political party, must be registered
by the same body and within same periods of state registration of party itself.
For state registration of political party, amendments and changes, which are made to its
Charter, the registration custom shall be levied in accordance with rules, a nd taxes, which are
determined by the Government of the Republic of Tajikistan.
The document which verifies state registration of the political party, as -well as its including to
public associations of the state catalog is certification on state registrati on of the party.
Requesting any other document from the political party, which verifies state registration is
prohibited.
A political party from the date of its state registration acquires the right of a legal entity.

Article 8. Structures of Political Pa rties.
Local structures of the political party are found under the regulation, provided in the Charter of
the political party.
Following establishment of party structure (subunit) in the district city and regions, the leading
body of political party inform s the local authorities in written.

Article 9. Reasons for Denial of State Registration of the Political party.
State registration of the political parties may be denied for the following reasons:
-if provisions of its Charter contradict the Constitution of the Republic of Tajikistan, this Law and
Legislation of the Republic of Tajikistan.
-if Party’s Charter does not comply with the requirements of article 6 of this Law;
-if requirements of article 3, par.2 and article 7, par.5 of this Law are not implem ented.
– if with the same name and/or with the a same symbol the Charter of another party is
registered before.
– if a legal address of a leading body of the party is out of the territory of the Republic of
Tajikistan.
Grounds for rejection of the registra tion on political party’s Charter will be given in written and
it may be complained to the court.

CHARTER III. THE RIGHTS OF POLITICAL PARTIES AND FORMS OF SUPERVISION
TO THEIR ACTIVITIES .

Article 10. Rights and obligation of political parties.
In accord ing with the rules, provided by law every party has right to:
-nominate candidates for election of the President of the Republic of Tajikistan and for electoral
bodies of government;
-participate in preparation and holding referendum and elections of the g overnment bodies.
-freely proclaim information about their activities orally, in written and in other forms,
-propagandize its aims and tasks, have their program documents.
-establish its own mass media and publishing house; -use state mass media means, in cluding
Press, Radio and Television,
-hold meetings, rallies, demonstrations and other mass measure in accordance with existing
laws of the Republic of Tajikistan;
– maintain international relations with political parties and foreign political associations and

support them;
– join international unions and associations;
– establish branches and representations in accordance with aim and obligations provided in its
charters;
conduct economic, financial and other activities under the laws of the Republic of Ta jikistan and
its Charter;
– make an alliance with other political parties and public associations of the Republic of
Tajikistan, – establish treaty relations.
– every year Political Parties submit a report to the Ministry of Justice on continuing their
acti vities and their headquarter;

Article 11. Assets of the Political Parties
The following assets can be property of a political party buildings, constructions, housing fund,
equipments, implements printing -house, funds and other assets, which are necessary for (I
providing its activity and which are provided in Charters and law of the Republic of Tajikistan.
The assets of a political party can be used only for implementation of aims and obligations of a
political party.
Every year the political party proclai ms an information on party’s material condition.

Article 12. Political Parties’ Funds
The funds of the political party derive from the following:
– introductory and membership dues, if provided in Party’s Charter.
– voluntary donations; -earnings from con ducting lectures, exhibitions and other measures
(under Charters);
– income from publishing activities and other activities, which are consistent to aims and
obligations of the Charter
– other incomes, which are not prohibited by laws.

Article 13. Materi al assistance for the needs of political parties.
A political party has right to accept material support in form of property or funds from natural
persons, enterprises, organizations public associations, foundations and other nongovernmental
legal entities . Material support is prohibited from the following enterprises and organizations:
charity and religious organizations:
state enterprises and organizations as well as enterprises and organization, which pertain to the
government .
-foreign state, citizen, enterprises and organizations as well as organization and enterpriser,
which pertain to the foreign countries.
-unidentified persons (without names);
-political parties, which are not united with political party, to which the material assistance is
provi ded.

Article 14. Political party’s economic activity.
In accordance with the Laws of the Republic of Tajikistan and its Charter the political party in
adoption of decisions on economic issues party’s personnel wages, expending financial and
material reser ves, is independent.
With the view of financial and material conditions creation for implementation of charter’s aims
and rights, provided in article 10 of this Law, a political party has the right to establish
enterprises and organizations in accordance with regulations, determined by Law of the

Republic of Tajikistan.

Article 1 5. Governments support for Political Parties.
State authority bodies of the Republic of Tajikistan render support the registered political party:
-providing the equal access to s tate mass media;
-ensuring equality of opportunities for holding election campaigns.
In case of suspension of party’s activities in accordance with the provisions of article 21 of this '
Law, the government support will be temporary suspended.
In case of t he ban on political party activities, from the date of be decision of the Supreme
Court of the Republic of Tajikistan on banning party’s activity, the government support will be
stopped.

Article 16. Monitoring of financial activity of political party.
The leading body of the party is obliged to publish a financial report on source, amounts and
expending funds, which came to party’s foundations during one reporting year, as well as
party’s property and taxes.
Appropriate bodies of a tax department of the Re public of Tajikistan will inspect the financial
report of the political party.

CHAPTER IV. PARTICIPATION OF POLITICAL PARTIES ELECTIONS

Article 17. Forms of parties’ participation in elections’.
A party participates in elections in the following ways:
– independently;
– reach pre election agreement with other political party;
– with other political parties join electoral unions;
– in compliance with electoral legislation political party has the right to:
– nominate candidates independently or on behalf of electoral unions.
– conduct pre election campaigns obeying equal conditions!
– observe election process and determine its results un stipulated procedures;
– to represent in electoral commissions;
– equal access to the state mass media as well as mass med ia with government participation;

– Article 18. Political party’s participation in the electoral unions. Following registration of
electoral unions by appropriate
electoral commissions, a party, which nominates its candidate in compliance with the list o f
electoral union, has no right to nominate its candidates independently or in compliance with the
list of another electoral union on the same level, if other condition is not provider in the
agreement.

Article 19. Party’s fractions in representative bodi es.
Party’s fractions in representative bodies are established and act in accordance with normative
acts,, which determine procedures of activities of these bodies.
CHAPTER V. SUSPENSION, CESSATION AND BAN OK POLITICAL PARTIES
ACTIVITIES

Article 20. Suspe nsion of political party’s activity.

In case of breach of Constitution of the Republic of Tajikistan constitutional laws of the Republic
of Tajikistan, Laws of the Republic of Tajikistan by a political party, as well obtaining M
economical and political as sistance from foreign countries, the Ministry of Justice of the
Republic of Tajikistan and/or Prosecutor General of the Republic of Tajikistan will issue warning
notice on cessation of illegal activity. If the party does not fulfill the requirements within 10
days, its activity may be suspended for six months by the decision of Tajikistan Supreme Court.

Article 21. Consequences of suspension of political party’s activity.
In case of suspension of party’s activity for the period determined in article of th is law, its right
as founder of mass media will be suspended and it will not be allowed to have status of the
legal entity, organize rallies demonstrations and other mass measures, participate in the
elections, utilize bunks’ fund, except settling account on economic activities and labor treaties
(agreements), compensation of damages ocurred from its activities, payment of fines.

Article 22. Cessation of political party’s activity.
The activity of a political party can be ceased by the decision of the Supr eme Court of the
Republic of Tajikistan on the ban on is well as by its reorganization and/or liquidation.

Article 23. Grounds for a ban on political party’s.
The following are the grounds of a ban of political party’s activity by Tajikistan Supreme Cour t:
-activity of political party, which prohibited by article 4, par. 1;
-illegal activity of political party after the bun of its activity by the decision of Supreme Court of
the Republic of Tajikistan in accordance with article 20 of this law.

Article 2 4. The decision on a ban on political party’s activity. The decision on banning political
part’s activity can be taken on the basis of Tajikistan Supreme Court decision and only on the
grounds provided in article 23 of this Law.

Article 25. Cessation of t he activity of political party by reorganization of liquidation.
Political party’s activity may be cased as a result of reorganization (merging, associating,
dividing) and/or liquidation. The decision on party’s reorganization will be taken by high leading
body of the party.
Political party’s Charter, which is constituted after the reorganization, will be registered in
accordance with regulation, provided in article 7 of this Law.
A political party is liquated under its Charter and by self -dismissing way.

Article 26. Consequences of party’s activity cessation.
Properties of the political party, which ceased its activity, following satisfaction of property
claims, will be directed for the following purposes.
-in case of liquidation for the purposes, provided in its Charter.
-in case of a ban -according to the decision of the Supreme Court of the Republic of Tajikistan.
-in case of reorganization –will be given to assets of a public association, which is a legal heir of
the political party, which ceased its act ivity.
The cessation of political party’s activity will be subject exclude the party from the appropriate
state list of public associations, annul certification on state registration of the political party and
lose of right of a legal entity.

The Presiden t of the Republic of Tajik
Mr. Rahmonov E.
Dushanbe City, November, 13, 1998 №