LAW OF THE REPUBLIC OF TAJIKISTAN

of August 7, 2020 No. 1714

About anti-corruption

Accepted by the Resolution MH MOPT of June 17, 2020, No. 116

Approved by the Resolution MM MORT of August 5, 2020, No. 59

This Law determines organization-legal bases of anti-corruption and is directed to protection of rights and freedoms of man and citizen, interests of the state and society, ensuring national security, normal activities of state bodies and impartiality in public service.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- corruption - act (actions or the failure to act) which is commited by person authorized to perform the state functions, or persons equated to it, with use of the official position and opportunities, in the interests or interests of other person for illegal receipt of the material and non-material benefits, benefits and other privileges in own favor or for benefit of other persons, and also personally or indirectly to provide the material and non-material benefits, benefits or other privileges to subjects of the offenses connected with corruption for the purpose of their inducement or remuneration for making of such actions for benefit of physical persons or legal entities;

- anti-corruption - activities of subjects of anti-corruption in the field of suppression, identifications, disclosures, inquiries and investigations of the offenses connected with corruption and accountability of subjects of the offenses connected with corruption, elimination of the reasons and conditions of emergence of corruption and effects of corruption offenses;

- the offenses connected with corruption - the conditions for corruption established by this Law and other regulatory legal acts of offense, creating, and made by subjects of the offenses connected with corruption, attracting the disciplinary, administrative, civil and criminal liability established by the law;

- subjects of the offenses connected with corruption - person, authorized to perform the state functions, that is person occupying on permanent, temporary basis or based on special powers the state positions of the government or the state positions of public service according to regulatory legal acts of the Republic of Tajikistan, the official of self-government institutions of settlements and villages, and also persons equated to it (person who according to the procedure, established by regulatory legal acts of the Republic of Tajikistan, is registered as the candidate for the held selective state positions or the member of the state electoral bodies, officials of the state business entities, business entities in whom the share of the state constitutes at least a half, officials of non-profit organizations, officials of foreign states, international the organization and their representations, having relations with state bodies, officials, physical persons and legal entities of the Republic of Tajikistan), persons rendering the state services, physical persons and legal entities;

- the state functions - the tasks established on the basis of the Constitution of the Republic of Tajikistan, other regulatory legal acts of the Republic of Tajikistan, and which are included into power of the state, its bodies and persons holding the state positions;

- use of official position and its opportunities - single, repeated or systematic use of the state position and its opportunities, and also adjustment of stable relation with one or several persons, representatives to perform the state functions, or persons equated to them, with other persons or separate groups for the purpose of, specified in paragraph one of this Article, persons menacing and causing damage to interests, the states and societies;

- relatives - the wife, the husband, children, the father and mother, brothers, sisters, and also the father and mother, brothers, sisters, children of the wife or the husband, the uncle, the aunt, сватья, the daughter-in-law, the sons-in-law, nephews, adoptive parents adopted, and also other persons, jointly living and conducting general economy with person, the representative to perform the state functions, and to persons equated to him;

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