Constitution

Tajikistan 1994 Constitution (reviewed 2016)

Preamble

WE, THE PEOPLE OF TAJIKISTAN,

As an inseparable part of the world community,

Realizing our debt and our responsibility to the past, present and future generations,

Understanding the necessity of ensuring the sovereignty and development of our State,

Recognizing as unshakable the freedom and rights of man,

Respecting the equality of rights and friendship of all nations and nationalities,

Seeking to build a just society,

ADOPT AND PROCLAIM THIS CONSTITUTION

Chapter 1. FOUNDATIONS OF THE CONSTITUTIONAL SYSTEM

Article 1

The Republic of Tajikistan is a sovereign, democratic, law-governed, secular, and unitary State.

The form of the governance of the Republic of Tajikistan is Presidential.

Tajikistan is a social State the policy of which is aimed at providing conditions that ensure dignified life and free human development.

“Republic of Tajikistan” and “Tajikistan” are equivalent terms.

Article 2

The State language of Tajikistan is the Tajik language.

Russian is the language of communication between the nationalities.

All nations and nationalities living on the territory of the Republic have the right to freely use their native language.

Article 3

The State symbols of the Republic of Tajikistan are the flag, the emblem, and the national anthem.

Article 4

The capital of Tajikistan is the city of Dushanbe.

Article 5

Human, its rights and freedoms are the highest value.

The life, honor, dignity and other natural rights of man are inviolable.

The rights and freedoms of man and citizen are recognized, observed, and protected by the State.

Article 6

In Tajikistan, the people are the bearer of sovereignty and the sole source of the State power, which they exercise directly as well as through their representatives.

The ultimate direct expression of the power of the people is a national referendum and elections.

The citizens of Tajikistan, regardless of their nationalities, constitute the people of Tajikistan.

No single social organization, political party, group of people or individual has the right to usurp State power.

The usurpation of power or infringement on its authorities is prohibited.

The right to represent the entire people of Tajikistan belongs only to the President and the Majlisi Milli and the Majlisi Namoyandagon of the Majlisi Oli of the Republic of Tajikistan at their joint session.

Article 7

The territory of Tajikistan is indivisible and inviolable. Tajikistan consists of the Gorno-Badakhshan Autonomous Oblast, oblasts (areas), cities, rayons (regions), settlements, and villages.

The State secures the sovereignty, independence and territorial integrity of the Republic. Propaganda and actions aimed to divide the unity of the State are prohibited.

The procedure for creating and changing administrative-territorial units is regulated by a constitutional law.

Article 8

In Tajikistan, public life shall be developed on the basis of political and ideological pluralism.

No single ideology of a party, social association, religious organization, movement, or group may be recognized as the State [ideology].

Social associations and political parties are created and function within the framework of the Constitution and laws.

Religious unions are separate from the State and may not interfere with State affairs.

Creation and functioning of social associations and political parties propagating racism, nationalism, social and religious enmity, or encouraging forcible overthrow of the constitutional system and organization of armed groups are prohibited.

The activity of political parties of other countries, establishing national and religious parties, including funding of political parties by foreign countries and organizations, foreign legal entities and citizens shall be prohibited.

Article 9

The State power is based on the principle of its division into legislative, executive, and judicial.

Article 10

The Constitution of Tajikistan has the supreme juridical force [and] its norms have direct effect. Laws and other legal acts contradicting the Constitution have no juridical force.

The State and all its organs, officials, citizens and their associations are obligated to observe and implement the Constitution and laws of the Republic.

International legal acts recognized by Tajikistan are a constituent part of the legal system of the Republic. In case of disparity between the laws of the Republic and the recognized international legal acts, the norms of the international acts apply.

Laws and international legal acts recognized by Tajikistan enter force after their official publication.

Article 11

Tajikistan, conducting peaceful policy, respects the sovereignty and independence of other States [and] determines its foreign policy on the basis of international norms.

War propaganda is prohibited.

Tajikistan, guided by the supreme interests of the people, may join commonwealths and other international organizations as well as withdraw from them [and] establish relations with foreign countries.

The State cooperates with compatriots [living] abroad.

Article 12

Foundations of the economy of Tajikistan are composed of various forms of property.

The State guarantees the freedom of economic and entrepreneurial activity, equality of rights, and legal protection of all forms of property including private property.

Article 13

The land, its resources, water, airspace, fauna and flora, and other natural resources are exclusively the property of the State, and the State guarantees their effective use in the interests of the people.