Law Techniques of Republic of Tajikistan

Law Techniques

In Tajikistan according to the Constitution the people are the carrier of the sovereignty and the unique source of the government which carries out directly, and also through the representatives.

The highest direct expression of the power of the people are the public referendum and elections.

Referendum of the Republic of Tajikistan - national vote on the most important questions of the state and public life.

The decisions accepted by a national referendum, possess the highest validity, any statement do not need and are obligatory for application in all territory of Tajikistan.

The order of carrying out a referendum in Tajikistan is defined by the Constitutional law of the Republic of Tajikistan «About a referendum of the Republic of Tajikistan» .

According to the Constitution of the Republic of Tajikistan the right of a legislative initiative belongs:

• to member Madzhlisi of mile
• to deputy Madzhlisi namoyandagon
• To the president of the Republic of Tajikistan
• To the government of Tajikistan
• To Madzhlisa of People's Deputies Mountain Badakhshanskoy of the autonomous region

The right of a legislative initiative is carried out in the form of introduction of draughts of new laws of the Republic of Tajikistan, draughts of laws on changes or cancellation of standards of laws in force of the Republic of Tajikistan, and also in the form of written offers on adoption of new laws of the Republic of Tajikistan or modification of laws in force of the Republic of Tajikistan (legislative offers).

According to Madzhlisi Olya's Resolution MN of the Republic of Tajikistan «About regulations of Madzhlisi namoyandagon Madzhlisi Olya of the Republic of Tajikistan» the right of a legislative initiative belongs to also Constitutional court of the Republic of Tajikistan, the Supreme court of the Republic of Tajikistan and the Supreme economic court of the Republic of Tajikistan on the questions relating to their competence.

Member Madzhlisi of mile and deputy Madzhlisi namoyandagon possess the right of a legislative initiative.

According to the Constitutional law of Tajikistan «About legal status of member Madzhlisi of mile and deputy Madzhlisi namoyandagon Madzhlisi Olya of the Republic of Tajikistan» the right of a legislative initiative is carried out in the form of introduction of draughts of new laws of the Republic of Tajikistan, draughts of laws on modification and additions or cancellation of standards of laws in force, and also in the form of written offers on adoption of new laws of the Republic of Tajikistan or modification and additions in laws in force of the Republic of Tajikistan (legislative offers). Bills and the legislative offers brought by member Madzhlisi of mile and deputy Madzhlisi namoyandagon as the right of a legislative initiative, should be considered by Madzhlisi namoyandagon.

The government of the Republic of Tajikistan submits for consideration Madzhlisi Olya the Republic of Tajikistan social and economic programs, questions of delivery and receiving the state credits, rendering of economic overseas aid, the draught of the state budget and the possible extent of deficiency of the state budget, sources of its covering.

Members of the Government have the right to participate at Madzhlisi Olya's sessions, meetings of its Presidium, committees and the constant commissions, to act on the questions concerning functioning of appropriate bodies of executive power and to give necessary information on cases in point.

The government provides performance of laws and Madzhlisi Olya's decisions of the Republic of Tajikistan.

Draughts of laws and legislative offers go as realisation of the right of a legislative initiative and in Madzhlisi namoyandagon. The bill of amnesty is introduced in Madzhlisi namoyandagon by the President of the Republic of Tajikistan. Bills of establishment and cancellation of taxes are introduced in Madzhlisi namoyandagon by the Government of the Republic of Tajikistan. Draughts of laws and the legislative offers which have arrived in Madzhlisi namoyandagon, go Council of Madzhlisi namoyandagon to the relevant committees and the commissions or other bodies for preliminary consideration, making the conclusion and question preparation for consideration at meetings of Madzhlisi namoyandagon.

Bill discussion namoyandagon takes place in committees, the commissions of Madzhlisi, openly, with the invitation of the representative of a legal entity of the legislative initiative which has introduced the bill.

Carrying out legislature, Madzhlisi namoyandagon accepts:

• constitutional laws of the Republic of Tajikistan;
• laws of the Republic of Tajikistan;
• resolutions.

The law is accepted by a majority of votes from total number of deputies if other order is not provided by the Constitution.

Passed Madzhlisi namoyandagon the law, except laws on the state budget, on pardon, is represented in Madzhlisi miles for approval. Laws on the state budget and amnesty are accepted only by Madzhlisi namoyandagon. Маджлиси namoyandagon carries out control of performance of the state budget of Madzhlisi of mile approves the law a majority of votes of the members. In case of a deviation of the law of Madzhlisi of mile, the law is subject to repeated consideration in Madzhlisi namoyandagon. In case of disagreement of Madzhlisi namoyandagon with the solution of Madzhlisi of mile the law is deemed accepted, if at repeated vote for it not less than two thirds of total number of deputies of Madzhlisi namoyandagon have voted.

The constitutional laws are accepted on the questions provided by the Constitution. The constitutional laws are accepted not less than two thirds of voices of total number of deputies of Madzhlisi namoyandagon and are approved not less than two thirds of voices of total number of members of Madzhlisi of mile. In case of disagreement of Madzhlisi namoyandagon with the solution of Madzhlisi of mile the constitutional law is deemed accepted, if at repeated vote for it not less than two thirds of total number of deputies of Madzhlisi namoyandagon have voted.

Accepted Madzhlisi namoyandagon and approved Madzhlisi of mile laws from the date of their acceptance go to week term to the President for the signature and publication. In case the President is not agrees with the law or its part, it within fifteen days returns it with the objections in Madzhlisi namoyandagon. Маджлиси miles and Madzhlisi namoyandagon in the order established by the Constitution repeatedly consider this law. If by repeated consideration the law is approved in earlier accepted edition by the majority not less than two thirds of voices of total number of members of Madzhlisi of mile and deputies of Madzhlisi namoyandagon, the President within ten days signs the law and will publish it. By consideration of the law returned by the President adopted before Madzhlisi namoyandagon by two thirds of voices, Madzhlisi of mile and Madzhlisi namoyandagon repeatedly approve the law the majority not less than two thirds of voices. If the President returns the constitutional law, Madzhlisi of mile and Madzhlisi namoyandagon in the order established by the Constitution repeatedly consider this law. If by repeated consideration the constitutional law is approved in earlier accepted edition by the majority not less than three quarters of voices of total number of members of Madzhlisi of mile and deputies of Madzhlisi namoyandagon, the President within ten days signs the constitutional law and will publish it.