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Ministry of Justice

Republic of Tajikistan

 On July 3, 2019 No. 54

LAW OF THE REPUBLIC OF TAJIKISTAN

of June 20, 2019 No. 1608

About warlike situation

Accepted by the Resolution MH MOPT of May 29, 2019, No. 1369

Approved by the Resolution MM MORT of June 12, 2019, No. 661

This Law establishes the legal basis of warlike situation in the territory of the Republic of Tajikistan, procedure for its introduction and cancellation, measure for providing warlike situation, legal status of physical persons and legal entities in the period of warlike situation.

Article 1. Basic concepts

In this Law the following basic concepts are used:

- real safety hazard of the state - threat of immunity of frontier and use of force concerning the Republic of Tajikistan, including aggression against the Republic of Tajikistan, the intelligence, terrorist, diversionary activities of special services, foreign organizations and individuals directed to undermining of national safety Tajikistan;

- aggression against the Republic of Tajikistan - use of armed forces of one or several states against sovereignty, independence and territorial integrity of Tajikistan or impact on it, not compatible to Articles of organization of the United Nations;

- capture - the forced accession of the territory of the Republic of Tajikistan to other state foreign states or group of the states, occupation of the territory of the Republic of Tajikistan or its separate administrative and territorial units;

- warlike situation - the particular legal regime providing complex of political, economic, administrative, military and other measures which appears the President of the Republic of Tajikistan in all its territory or its separate administrative and territorial units;

- curfew - the measure entered on warlike situation, with indication of terms and time of its action for the purpose of ensuring protection of public order and safety, suppression of intelligence, diversionary or other hostile activities, limiting movement of the population without specially issued omissions and identity documents, out of dwellings and between settlements.

Article 2. Legislation of the Republic of Tajikistan on warlike situation

The legislation of the Republic of Tajikistan on warlike situation 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 the international legal acts recognized by Tajikistan.

Article 3. Purpose of introduction of warlike situation

Introduction of warlike situation is performed for the purpose of defense of the Republic of Tajikistan, the prevention, reflection or mitigation of consequences of aggression against the Republic of Tajikistan or threat of aggression.

Article 4. Introduction of warlike situation

1. The basis for introduction of warlike situation in all territory of the Republic of Tajikistan or on its separate administrative and territorial units are cases of real safety hazard of the state.

2. The president of the Republic of Tajikistan declares introduction of warlike situation in all territory of the Republic of Tajikistan or on its separate administrative and territorial units and represents the decree for approval on joint sitting of Majlisi milli and Majlisi namoyandagon of Machlisi Olya of the Republic of Tajikistan.

3. In the presidential decree of the Republic of Tajikistan about introduction of warlike situation the following aspects are determined:

- the circumstances which formed the basis for introduction of warlike situation;

- borders of the territory on which martial law is imposed;

- time from which the warlike situation begins to be effective;

- other aspects connected with introduction of warlike situation.

4. The complete text of the presidential decree of the Republic of Tajikistan about introduction of warlike situation is without delay broadcast, to television and is published in official publications.

5. The procedure for preparation of the state for reflection of aggression against the Republic of Tajikistan is determined by the President of the Republic of Tajikistan according to the legislation of the Republic of Tajikistan.

Article 5. Mode of warlike situation and its providing

1. The mode of warlike situation affirms the President of the Republic of Tajikistan - the Supreme Commander of Armed Forces of the Republic of Tajikistan on representation of the Ministry of Defence of the Republic of Tajikistan.

2. Providing the mode of warlike situation is performed by executive bodies of the government and bodies of military management according to the powers conferred to them by this Law and other regulatory legal acts of the Republic of Tajikistan.

3. Self-government institutions of settlements and villages render assistance to executive bodies of the government and bodies of military management in providing the mode of warlike situation.

Article 6. The measures applied in the territory where martial law is imposed

In the territory where martial law is imposed, according to legal acts and other regulatory legal acts of the Republic of Tajikistan, the following measures are applied:

- transfer of economy of the republic, state bodies and other organizations, into functioning in the conditions of warlike situation;

- holding actions of mobilization expansion of Armed Forces of the Republic of Tajikistan, other troops and military forming, special state bodies;

- holding actions of civil and territorial defense;

- razbronirovaniye and use of inventories of material values from the state reserve;

- strengthening of protection of public order and ensuring public safety, protection of military, important state and special facilities, the objects providing life activity of the population;

- introduction of the special mode of activities of the objects providing functioning of transport, communication, communication, television, radio, editions, energy objects, and also the objects posing the increased hazard to life and human health and for the environment;

- in case of need restriction or suspension of banking operations and other activities which are carried out by the credit financial institutions, except for execution of the powers on providing warlike situation provided by regulatory legal acts;

- evacuation of subjects to economic, social and cultural appointment, and also temporary settling out of inhabitants to safety areas with obligatory providing stationary or temporary premises with it;

- introduction and providing specific mode of entrance on the territory where martial law, and departure from it, and also restriction of freedom of travel on it is imposed;

- suspension of operations of political parties, the public and religious associations conducting the promotion and propaganda undermining safety and defense of the Republic of Tajikistan in the conditions of warlike situation;

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