The Republic of Tajikistan is a sovereign, democratic, legal, unitary and multinational state. It independently implements external and internal policy and acknowledges the priority of generally accepted norms of international law. The Republic of Tajikistan is a fully legitimate subject of the world community. According to the Constitution, the State governance of the Republic of Tajikistan has presidential form.
The public authority in the Republic is based on the principle of its division into legislative, executive and court authorities. Each of these authorities within its power acts independently.
The highest representative and legislative body of the Republic of Tajikistan is Majlisi Oli : the Parliament of the Republic of Tajikistan. Majlisi Oli consists of two Majlises : Majlisi Milli and Majlisi Namoyandagon, and is elected for five years. The authorities of Majlisi Milli and Majlisi Namoyandagon are ceased the day of beginning of activities of Majlisis Oli of new calling. Organization and activities of Majlisi Oli are defined by constitutional law.
Majlisi Namoyandagon is elected on the basis of universal, equal and direct right of suffrage in secret ballot. Majlisi Namoyandagon is acting on the constant and professional basis. A citizen over 25 can be elected a Deputy of Majlisi Namoyandagon. The three fourth part of Majlisi Milli is selected marginally through secret ballot at joint meetings of national deputies of Gorno-Badahshan Autonomous oblast and its cities and rayons, oblasts and their cities and rayons, Dushanbe and its rayons as well as cities and regions of republican subordination (jointly). Majlisi Milli includes the equal number of representatives of Gorno-Badahshan Autonomous oblast, oblasts, Dushanbe, cities and regions of republican subordination. The one fourth part of members of Majlisi Milli is appointed by the President of the Republic of Tajikistan. Majlisi Milli is functioning on the calling basis. The member of Majlisi Milli can be elected a citizen over 35 with higher education. Each former President of the Republic of Tajikistan is a member of Majlisi Milli for life, if not reject using this right. The number of members of Majlisi Milli and Deputies of Majlisi Namoyandagon, the order of their election, order of nonselectiveness and incompatibility with the mandate of the members of Majlisi Oli are defined under the Constitutional Law of the Republic of Tajikistan (Article 49).
Besides passing laws, the authorities of this body include appointing elections of the President of the Republic and elections to supreme and local representative bodies; approval of decrees of the President on appointment and release of the Prime-Minister and other members of the Government, Chairman of the National Bank and its Deputies; selection and withdrawal of the Chairman, its Deputy and Judges of the Constitution Court, Supreme Court, Supreme Economic Court as advised by the President of the Republic; approval of social and economic programs; approval of the budget and a number of other functions. Majlisi Oli is assembled to its sessions not less than twice a year.
The Laws of Tajikistan and Resolutions of Majlisi Oli are taken by the majority of voices of the general number of national deputies. Constitutional Laws are taken by not less than two third of voices of the total amount of national deputies. The Laws of Tajikistan are submitted to the President of the Republic of Tajikistan for signature. If the President does not agree with the Law, the Law should be returned to Majlisi Oli with the President`s objections within 15 days. If Majlisi Oli confirms its decision by the two third of voices, the President should sign the Law.
President of the Republic of Tajikistan
The President of the Republic of Tajikistan is the Head of the state and of the executive authority (Government). The President is the guarantee of the Constitution and Laws, rights and liberties of a human being and citizen, of national independence, uniformity and territorial integrity, succession and life time of the state, agreed functioning and interaction of public bodies, observance of international treaties of Tajikistan.
The President is selected in secret ballot by citizens of Tajikistan on the basis of general, equal and direct right of suffrage for 7 years. Any citizen of age from 35 to 65 knowing state language and being a resident of Tajikistan for not less than 10 last years, can be promoted as a candidate for the position of the President of the Republic. A person the candidature of which is supported by not less than 5 percent of electorate can be registered as a candidate to the position of the President. One and the same person can be the President not more that two periods at a run.
The President of the country is a Commander-in-chief of all military forces of the Republic of Tajikistan.
The Government of the Republic of Tajikistan is a body of executive public power.
The Government of the Republic of Tajikistan implements its activities collectively and heads the system of bodies of public administration ensuring their functioning and coordinated interaction.
The Government of the Republic of Tajikistan implements its activities on the basis of the Constitution of the Republic of Tajikistan, constitution law of the Republic of Tajikistan.On the Government of the Republic of Tajikistan, other laws, joint resolutions of Majlisi Milli and Majlisi Namoyandagon of Majliso Oli of the Republic of Tajikistan, decrees and instructions of the President of the Republic of Tajikistan, international legal acts acknowledged by the Republic of Tajikistan.
The Chairman of the Government of the Republic of Tajikistan is the President of the Republic of Tajikistan. The Chairman of the Government of the Republic of Tajikistan handles of activities of the Government of the Republic of Tajikistan and takes measures for the Government of the Republic of Tajikistan to effectively implement its authorities.
The structure of the Government of the Republic of Tajikistan consists of ministries and state committees of the Republic of Tajikistan.
The Government of the Republic of Tajikistan consists of the Prime-Minister, its first deputy and deputies, ministers and chairmen of state committees. The Government ensures effective management of functioning of economic, social and religious spheres, implementation of laws, decisions of Majlisi Oli, decrees and instructions of the President of Tajikistan (Article 73).
The executive power at the local level is implemented by the representative of the PresidentChairman of oblast, city or rayon (Article 78). Local authorities consist of representative and executive bodies. They ensure execution of constitution, laws, and acts of Majlisi Oli and of the President of the Republic of Tajikistan. The body of local representative authority in oblasts, cities and rayons is Majlis of national deputies which is elected for 5 years. This body approves local budget, defines the ways of socio-economic development of the region, local taxes and payments as well as measures of management and possession of communal property and others.
Gorno-Badahshan Autonomous Oblast is a constituent and indivisible part of the Republic of Tajikistan (Article 81).
The Juridical authority is implemented by Constitution Court, Supreme Court, Supreme Economic Court, Military Court as well as the courts of Gorno-Badahshan Autonomous Oblast as well as oblast, city and rayon ones. The juridical authority is independent; it protects rights and liberties of human beings, interests of the state, organizations, agencies as well as legality and fairness. The organization and order of activities of the courts are defined under the Constitutional Law.
The term of judgeâ€™s authorities is 10 years. All courts are also elected for 10 years. The Chairman, Deputy Chairmen and members of the Constitution Court, Supreme Court and Supreme Economic Court are selected by Majlisi Oli as advised by the President of the RT. All other courts are appointed by the President of the RT as advised by the Ministry of Justice. According to the constitution, the interference to the work of judges is forbidden. The judges are independent in their activities and are reported only to the Constitution and Law.
The lawyers not younger than 30 and not older than 60 having not less than 5 years of work experience as a judge can be selected and appointed to the position of Judges of Supreme Court, Supreme Economic Court, Court Martial, oblast courts and Dushanbe Court. Persons not younger than 25 and not older than 60 having 3 years of professional work experience can be appointed to the position of Judges of city and rayon Courts (Article 85).
The Judge cannot occupy any other position, be a deputy of representative bodies, a member of political parties and unities, and also it cannot be involved in entrepreneurship activities except for scientific, creative and pedagogical ones.