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Ministry of Justice

Republic of Tajikistan

of December 19, 2019 No. 97

LAW OF THE REPUBLIC OF TAJIKISTAN

of December 18, 2019 No. 1652

About amnesty in connection with legalization of legal status of the foreign citizens and stateless persons illegally staying in the territory of the Republic of Tajikistan

Accepted by the Resolution MH MOPT of December 11, 2019, No. 1535

This Law provides legal and organizational basis of holding single action by the state under amnesty, in connection with legalization of legal status of foreign citizens and stateless persons of the states of the former Union of Soviet Socialist Republics.

Article 1. Basic concepts

In this Law the following basic concepts are used:

- amnesty - release from administrative and criminal liability of foreign citizens and persons without citizenship of the states which were part of the former Union of Soviet Socialist Republics (further - foreign citizens and stateless persons), for abuse of regulations of residence in the Republic of Tajikistan and crossing of Frontier of the Republic of Tajikistan, and also discharge of officials and citizens of the Republic of Tajikistan for non-compliance with established procedure of accommodation of foreign citizens and stateless persons;

- legalization of legal status of foreign citizens and stateless persons - process of registration, issue of the permissions to permanent residence in the Republic of Tajikistan which are drawn up by the residence permit, to the foreign citizens and stateless persons illegally staying in the territory of the Republic of Tajikistan;

- the foreign citizens and stateless persons illegally staying in the Republic of Tajikistan - the foreign citizens and stateless persons staying in the territory of the Republic of Tajikistan without visas (if the visa procedure for entrance and accommodation is established), without registration of passports in the place of residence according to invalid documents, without documents;

- legalization term - the term, the stipulated in Article 3 presents of the Law in the period of which the foreign citizens and stateless persons illegally staying in the territory of the Republic of Tajikistan can address to law-enforcement bodies at the place of residence concerning legalization of the accommodation.

Article 2. Coverage of this Law

1. Amnesty in connection with legalization is applied to the foreign citizens and stateless persons which drove to the Republic of Tajikistan till December 31, 2016 and staying in the territory of the Republic of Tajikistan with violation of the requirements provided by regulatory legal acts of the Republic of Tajikistan.

2. Operation of this Law extends to the following persons:

- the stateless persons having the residence permit issued in foreign states which effective period expired the persons without citizenship who lost the residence permit issued in foreign states or from which were withdrawn the residence permit issued in foreign states;

- the persons having the passport of the citizen of the former Union of Soviet Socialist Republics, or who lost the passport of the citizen of the former Union of Soviet Socialist Republics who are not citizens of foreign states and according to the legislation of the Republic of Tajikistan are not citizens of the Republic of Tajikistan;

- the persons having the certificate of birth, issued in the states which were part of the former Union of Soviet Socialist Republics, or who lost the certificate of birth who are not citizens of foreign states and according to the legislation of the Republic of Tajikistan are not citizens of the Republic of Tajikistan;

- persons who did not receive identity documents (the passport of the citizen of the former Union of Soviet Socialist Republics, the certificate of birth), not being citizens of foreign states, and according to the legislation of the Republic of Tajikistan not being citizens of the Republic of Tajikistan;

- the foreign citizens who do not have the documents confirming their belonging to foreign state, effective period of documents at which expired, or documents of which are invalid;

- the foreign citizens staying in border areas in the territory of the Republic of Tajikistan according to the valid passports issued by foreign states, but which according to the legislation of the Republic of Tajikistan cannot receive the visa of the Republic of Tajikistan register the foreign passports and hand over documents on leaving on permanent residence.

3. Operation of this Law does not extend to persons specified in part 2 of this Article if they:

- provided unreliable information and false documents;

- are party member or other organization which activities in the Republic of Tajikistan are officially forbidden;

- on other bases are under criminal prosecution or serve custodial sanction.

Article 3. Term of legalization of legal status of foreign citizens and stateless persons

The term of legalization of legal status of the foreign citizens and stateless persons falling under operation of this Law constitutes three years from the date of official publication of this Law.

Article 4. Procedure for legalization of legal status of foreign citizens and stateless persons

1. Legalization of legal status of the foreign citizens and stateless persons falling under operation of this Law is carried out by their registration in law-enforcement bodies, submission of documents about leaving on permanent residence in the Republic of Tajikistan and issues of the residence permit to them.

2. For legalization in the territory of the Republic of Tajikistan, the foreign citizens and stateless persons falling under operation of this Law file in law-enforcement bodies petition for registration. After reception of an application about registration to the addressed persons the reference confirming their registration is issued.

3. The procedure for filing of application about issue of permission to permanent residence in the Republic of Tajikistan is explained to the foreign citizens and stateless persons having identity documents (the passport of the former citizen of the Union of Soviet Socialist Republics, the residence permit issued in foreign states, passports of foreign states).

4. In cases when person cannot submit any document, law-enforcement bodies take necessary measures for information collection and receipt of data from the birthplace of the applicant, the place of its stay or the last residence, and also from the state which nationality members of his family and parents, and also for establishment of his personality and determination of belonging to nationality of foreign state have.

5. The order of registration of the foreign citizens and stateless persons falling under operation of this Law, application forms for registration, references, books and other forms, and also procedure for conducting checks for establishment of their personality and nationality are established by law-enforcement bodies.

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