PRESIDENTIAL DECREE OF THE REPUBLIC OF TAJIKISTAN

of February 6, 2018 No. 1005

About the Concept of legal policy of the Republic of Tajikistan for 2018-2028

According to article 69 of the Constitution of the Republic of Tajikistan and for the purpose of further development of law-making activities in the Republic of Tajikistan I decide:

1. Approve the concept of legal policy of the Republic of Tajikistan for 2018-2028 it (is applied).

2. To the Ministry of Justice of the Republic of Tajikistan jointly e the Prosecutor General's Office of the Republic of Tajikistan, the National center of the legislation in case of the President of the Republic of Tajikistan, Academy of Sciences of the Republic of Tajikistan and the Tajik national university for 2018-2028 each two years to develop the actions plan for ensuring accomplishment of the Concept of legal policy of the Republic of Tajikistan and to submit for approval to the Government of the Republic of Tajikistan.

3. To provide to state bodies, the relevant organizations and organizations accomplishment of provisions of the Concept of legal policy of the Republic of Tajikistan for 2018-2028.

4. To impose coordination of activities of state bodies, organizations and organizations for realization of provisions of the Concept of legal policy of the Republic of Tajikistan for 2018-2028 and control of its execution on the Ministry of Justice of the Republic of Tajikistan.

Approved by the Presidential decree of the Republic of Tajikistan of February 6, 2018 No. 1005

The concept of legal policy of the Republic of Tajikistan for 2018-2028

1. General provisions

1. The Republic of Tajikistan with finding of the State independence entered new stage of historical development - creation of the sovereign, democratic, constitutional, secular, unitary and social state. Sustainable political, economic and welfare development of society depends on efficiency of legal policy of the republic. Protection of rights and freedoms of man and citizen, strengthening of legality and law and order, prevention of transnational crimes, ensuring sustainable economic development and realization of strategic tasks of the state - ensuring energy independence, food security and exit from the communication deadlock are not represented possible without ensuring rule of law and law and order.

2. Protection of rights and freedoms of man and citizen, protection of national interests, strengthening of national sovereignty and statehood, strengthening of public administration, public health care, development of education and sciences, cultures, guarantee of freedom of economic activity, variety and equality of patterns of ownership, development of entrepreneurship, ensuring national unity, the world and stability are paramount tasks of legal policy of sovereign Tajikistan.

3. Legal policy of the Republic of Tajikistan is implemented with use of political, economic, organizational, ideological and legal measures for the purpose of effective regulation of the public relations and their further development. Basic elements of legal policy of the Republic of Tajikistan constitute the state strategy, concepts, programs, regulatory legal acts and law-enforcement acts. Legal policy of the Republic of Tajikistan is implemented in interrelation with the main directions of state policy and constitutes the legal basis economic, social, cultural and other directions of policy of sovereign Tajikistan.

4. The essence of legal policy of the Republic of Tajikistan is constituted the supreme values of human right and freedom and by their protection, political variety, different patterns of ownership, including private property, freedom of economic and business activity, free competition in economy.

5. Legal policy of the Republic of Tajikistan is performed taking into account universal values and national interests, influence of globalization, harmonization and standardization of the legislation of the states and world systems of law, development of the international legal relations, formation of the new world and regional unions between the states, new global threats and challenges. Legal policy in the country is directed to decrease in negative impact of globalization, opposition to global threats and risks (to terrorism, extremism and others), protection of information space of the republic against information threats of the modern world.

6. In modern conditions of globalization, financial and economic crisis, escalation of regional and civilization contradictions, the most important remedy of the state sovereignty, creation of civil society, stability of the constitutional state and protection of interests of the people of Tajikistan is the correct, system and corresponding to universal values and national interests carrying out legal policy of the state.

2. Current situation of the legislation of the Republic of Tajikistan

7. On September 9, 1991 the people of Tajikistan acquired absolutely independent state. For the first time in the history of the Tajik statehood on November 6, 1994 by national referendum the Constitution of the independent Republic of Tajikistan, in quality as the Fundamental law of the state was accepted. Taking into account new achievements of society the constitutional reform was also undertaken the new stage of enhancement of the constitutional system which allowed to make changes and additions to the Constitution of the Republic of Tajikistan on September 26 1999, on June 22, 2003 and on May 22, 2016 began, to enhance content of system of law of the republic and to strengthen its democratic, legal and secular basis. For the first time in political history of the state the two-chamber parliament started activities. Judicial and executive bodies were enhanced, and also economic structure of the republic, recognition of the person, its rights and freedom as the supreme value and other democratic ideas are brought in the Constitutions answering now to internal and international conditions and requirements.

8. Tajikistan for the purpose of carrying out the legal reform promoting development of new system of law carrying out scientific and analytical researches about condition, development and practice of use of the legislation, conducting legal and anti-corruption examinations of drafts of the laws gave law-making activities on qualitatively new stage, such as planning of project development of regulatory legal acts, the priority directions scientific and legal research in the sphere of law-making. On an equal basis with acceptance of large number of regulatory legal acts in the republic and recognitions of the international legal acts, also for this period were developed and accepted number of concepts, strategy and state programs in different industries of public and state life, including the National development strategy Tajikistan for the period till 2030 which promote forming and further development of the new economic and social relations of Tajikistan. Work on development and acceptance of regulatory legal acts in certain spheres, including constitutional, civil, entrepreneurial, financial, bank, customs, tax, criminal, administrative, civil and procedural, criminal procedure, economic sudoproizvodstvenny, enforcement proceeding and another was as a result developed.

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