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Ministry of Justice

Republic of Tajikistan

 On June 15, 2017 No. 28

PRESIDENTIAL DECREE OF THE REPUBLIC OF TAJIKISTAN

of June 7, 2017 No. 889

About the Commission on pardon questions in case of the President of the Republic of Tajikistan

According to article 69 of the Constitution of the Republic of Tajikistan and articles 51 and 62 of the Law of the Republic of Tajikistan "About regulatory legal acts" I decide:

1. Form the Commission on pardon questions in case of the President of the Republic of Tajikistan.

2. Approve the Provision and Structure of the Commission on pardon questions in case of the President of the Republic of Tajikistan (appendices 1 and 2).

4. Enact this decree since September 1, 2017.

President of the Republic of Tajikistan
Emomalii Rahmon

Appendix 1

to the Presidential decree of the Republic of Tajikistan of June 7, 2017 No. 889

Regulations on the Commission on pardon questions in case of the President of the Republic of Tajikistan

1. General of understanding

1. The commission on pardon questions in case of the President of the Republic of Tajikistan (further - the Commission) is the advisory advisory body in case of the President of the Republic of Tajikistan providing realization of the constitutional competences of the President of the Republic of Tajikistan according to the solution of questions of pardon.

2. The commission performs the activities on the basis of the Constitution of the Republic of Tajikistan, other regulatory legal acts of the Republic of Tajikistan, the international legal acts recognized by Tajikistan and this Provision.

3. Questions of pardon of persons condemned by courts of the Republic of Tajikistan, and also courts of other countries which serve sentence in the Republic of Tajikistan are solved the President of the Republic of Tajikistan based on the offer of the Commission. The president of the Republic of Tajikistan can resolve issue of pardon directly.

2. Tasks and powers of the commission

4. The main objectives of the Commission are:

- preliminary consideration of petitions concerning pardon and preparation of offers on them to the President of the Republic of Tajikistan;

- information and analytical support of activities of the President of the Republic of Tajikistan for realization of the competence assigned to it by the Constitution of the Republic of Tajikistan according to the solution of questions of pardon;

- preparation to the President of the Republic of Tajikistan of suggestions for improvement of the legislation of the Republic of Tajikistan concerning pardon, and also on permission of the problems arising in this sphere.

5. The commission for the purpose of accomplishment of the main objectives has the following powers:

- request and receive in accordance with the established procedure required materials from state bodies, the companies, organizations and other organizations, and also from officials, to instruct them to check single questions;

- invite to the meetings officials for clarification of the circumstances concerning pardon questions;

- hold meetings, conferences and other actions for pardon questions;

- create working and expert groups for the purpose of accomplishment of the powers;

- other powers, stipulated by the legislation Republic of Tajikistan.

3. Ensuring activities of the commission

6. The commission is permanent body and consists of the chairman, the vice-chairman, the responsible secretary and other members of the commission.

7. Commission sessions are held as required, but at least once in six months.

8. On commission sessions with the consent of the commission chairman representatives of other state bodies, international organizations and other interested persons can take part.

9. Commission sessions are conducted by its chairman. In case of absence of the chairman the Commission or on its order of obligation of the chairman carries out the vice-chairman of the Commission.

10. The commission is competent to make decisions with participation at its meetings at least two thirds of members of the commission. Decisions of the Commission are made by a majority vote members of the commission.

11. Decisions of the Commission are drawn up by the protocol. The protocol is signed by the members of the commission who are present at meeting. In exceptional cases at the request of the commission chairman decision making by poll of members of the commission is allowed.

12. The minutes of the Commission are submitted to the President of the Republic of Tajikistan.

13. The clerical work and preparation of materials for commission sessions are performed by the secretariat of the Commission which functions are assigned to the relevant structural division of Executive office of the President of the Republic of Tajikistan. Concerning activities of the Commission it is corresponded through the secretariat of the Commission.

4. Procedure for representation, consideration and decision making according to pleas for mercy

14. Pleas for mercy are considered according to the procedure and the terms established by this Provision if other is not stipulated by the legislation the Republic of Tajikistan.

15. The plea for mercy addressed to the President of the Republic of Tajikistan moves person condemned for crime execution concerning which the court verdict took legal effect, organization and bodies of execution of the punishment.

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