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Ministry of Justice

Republic of Tajikistan

 On January 8, 2018 No. 1

LAW OF THE REPUBLIC OF TAJIKISTAN

of January 2, 2018 No. 1471

About legal status of foreign citizens and stateless persons in the Republic of Tajikistan

Accepted by the Resolution MH MOPT of November 19, 2017, No. 943

Approved by the Resolution MM MORT of December 21, 2017, No. 452

(as amended of the Law of the Republic of Tajikistan of 17.05.2018 No. 1525)

This Law identifies legal status of foreign citizens and persons without citizenship, procedure for stay, and also their right and obligation in the territory of the Republic of Tajikistan

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- the foreign citizen – the person who does not have citizenship of the Republic of Tajikistan and being the citizen of foreign state;

- the stateless person – person who is not considered according to the legislation of any state his citizen;

- the political asylum – provision of opportunity to the foreign citizen and the stateless person to take cover in the territory of the Republic of Tajikistan from political prosecution in the territory of the state of nationality or other state, in case of availability of real risk of such prosecution that leads to human rights violations;

- transit crossing – journey of the foreign citizen and stateless person to other state through the territories of the Republic of Tajikistan;

- expulsion administratively – administrative expulsion from the territory of the Republic of Tajikistan foreign citizens and stateless persons as administrative punishment;

- prohibition on entrance – type of restriction of entrance of foreign citizens and stateless persons for the territory the Republic of Tajikistan;

- special facility – the special facility of authorized state body intended for temporary accommodation of the foreign citizens and stateless persons expelled administratively from the territory of the Republic of Tajikistan.

Article 2. The legislation of the Republic of Tajikistan on legal status of foreign citizens and persons without citizenship in the Republic of Tajikistan

 The legislation of the Republic of Tajikistan on legal status of foreign citizens and persons without citizenship in the Republic of Tajikistan is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Legal status of foreign citizens and stateless persons in the Republic of Tajikistan

1. Foreign citizens and stateless persons in the Republic of Tajikistan have the established rights and freedoms, and incur obligations and responsibility on an equal basis with citizens of the Republic of Tajikistan, except as specified, stipulated by the legislation the Republic of Tajikistan.

2. Foreign citizens and stateless persons are equal in the Republic of Tajikistan before the law, irrespective of nationality, race, floor, language, religious beliefs, political line item, social position, education and property.

3. Concerning citizens of the states where the rights and freedoms of citizens of the Republic of Tajikistan are restrained, the Republic of Tajikistan sets adequate restrictions.

4. Use by foreign citizens and stateless persons in the Republic of Tajikistan of the rights and freedoms shall not cause damage to interests of the state, the rights and legitimate interests of citizens of the Republic of Tajikistan and other persons.

Article 4. Obligation of foreign citizens and stateless persons on compliance with law of the Republic of Tajikistan

Foreign citizens and stateless persons in the territory of the Republic of Tajikistan shall respect and observe the Constitution, the laws of the Republic of Tajikistan, to be respectful to traditions and customs of the people living in the territory of the Republic of Tajikistan.

Article 5. Permanent and temporary stay of foreign citizens and stateless persons in the Republic of Tajikistan

1. The foreign citizens and stateless persons having the residence permit issued by law-enforcement bodies are recognized constantly living in the Republic of Tajikistan.

2. Foreign citizens and stateless persons shall be registered in accordance with the established procedure within 10 working days from the date of entry into the Republic of Tajikistan, and upon termination of the term of accommodation to leave the Republic of Tajikistan if according to the legislation of the Republic of Tajikistan and international treaties of Tajikistan other is not provided. Rules of registration of passports of foreign citizens and sample of the form of registration affirm the Government of the Republic of Tajikistan.

3. The foreign citizens who are temporarily staying in the Republic of Tajikistan in visa-free procedure are registered for the term which is not exceeding the terms established by international treaties of Tajikistan. In case of lack of such international treaties of Tajikistan if the term of visa-free stay is not specified, registration is performed for the term specified in the statement of the foreign citizen or the request of the organization accepting the foreign citizen, but no more than 1 year.

4. The foreign citizens who are temporarily staying in the Republic of Tajikistan shall extend in accordance with the established procedure before the termination of term of stay the term of the visa and registration.

5. The foreign citizens who are temporarily staying in the Republic of Tajikistan, being citizens of the countries having visa-free procedure for entrance and departure with the Republic of Tajikistan shall extend in accordance with the established procedure the validity of registration, but no more than 1 year.

Article 6. Political asylum

1. The Republic of Tajikistan can grant political asylum to the foreign citizens and stateless persons which became the victims of human rights violation.

2. The procedure for provision of political asylum is determined by the President of the Republic of Tajikistan.

Chapter 2. Basic rights, freedoms and obligations of foreign citizens and stateless persons in the Republic of Tajikistan

Article 7. Right to labor activity

1. The labor activity of foreign citizens and stateless persons is regulated according to the legislation of the Republic of Tajikistan.

2. The foreign citizens and stateless persons which arrived to the Republic of Tajikistan for temporary residence can be engaged in certain labor activity provided that it answers the purpose of their arrival to the Republic of Tajikistan.

3. Foreign citizens and stateless persons have the rights, equal with citizens of the Republic of Tajikistan, and obligation in employment relationships.

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