LAW OF THE REPUBLIC OF TAJIKISTAN

of December 24, 2022 No. 1919

About perpetuating of memory of the dead in case of protection of the Fatherland

Accepted by the Resolution MH MOPT of November 2, 2022, No. 889

Approved by the Resolution MM MORT of December 16, 2022, No. 320

This Law determines organization-legal bases of perpetuating of memory of persons who died in case of protection of the Fatherland, the constitutional system of the Republic of Tajikistan, accomplishment of the international obligations and establishes powers of state bodies in this direction.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) perpetuating of memory of the dead in case of protection of the Fatherland - the activities directed to maintenance of respect for persons who died in case of protection of the Fatherland, the constitutional system of the Republic of Tajikistan and accomplishment of the international obligations (further in case of protection of the Fatherland), return of tribute to their courage, courage and heroism, and also accounting, the organization, protection and preserving military burials and monuments, carrying out search works with the purpose of detection of the unregistered military burials, establishment of personal data of the died military personnel and persons equated to them and also acceptance of other additional measures which are not contradicting the legislation of the Republic of Tajikistan;

2) persons who died in case of protection of the Fatherland are military personnel and persons equated to them whose memory is immortalized by the state;

3) burials of the dead in case of protection of the Fatherland - burials of the dead in case of protection of the Fatherland, and also military cemeteries, certain military sites at general cemeteries and out of cemeteries, the place of explosion or the crash of military equipment and planes with military personnel and persons equated to them;

4) memorial complexes - the monuments and other memorial constructions created in memory of the dead in case of protection of the Fatherland;

5) unknown burials of the dead in case of protection of the Fatherland - places of burial of the military personnel and persons equated to them, their symbolical burials and their last military line items which are not specified and are not registered in the procedure established by the legislation of the Republic of Tajikistan;

6) improvement of places of burial of the dead in case of protection of the Fatherland - designation of the territory of burials, entering of names buried, installation of monuments, gravestones, monuments, boards and other monuments, their repair and restoration, and also other actions which are not contradicting the legislation of the Republic of Tajikistan;

7) protection and safety of the place of burial of the dead in case of protection of the Fatherland - ensuring protection of burials of the dead in case of protection of the Fatherland, the related monuments and their safety at the necessary level and in necessary conditions;

8) search works - practical measures on detection of the unregistered graves, tombless bodies of the dead in case of protection of the Fatherland and the solution of question of their further burial, and also on establishment of names of the dead, and (or) anonymous for perpetuating of their memory.

Article 2. The legislation of the Republic of Tajikistan on perpetuating of memory of the dead in case of protection of the Fatherland

The legislation of the Republic of Tajikistan on perpetuation of memory of the dead in case of protection of the Fatherland 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. State policy on perpetuation of memory of the dead in case of protection of the Fatherland

State policy on perpetuation of memory of the dead in case of protection of the Fatherland provides system of the legal, political, social and economic, cultural and educational, moral, organizational and other measures connected with the following questions:

1) forming of public ideology for the purpose of honoring of memory of the dead in case of protection of the Fatherland;

2) returns of tribute to burial of the dead in case of protection of the Fatherland, the state accounting of such burials, establishments of memorial complexes, the historical places connected with feats of the dead in case of protection of the Fatherland, their improvement;

3) perpetuation of memory of the books which died in case of protection of the Fatherland by the edition, historical works and creation of documentary and feature films;

4) implementation of other measures for perpetuation of memory of the dead in case of protection of the Fatherland who are not contradicting the legislation of the Republic of Tajikistan.

Article 4. Perpetuating of memory of the dead in case of protection of the Fatherland

Memory of the following citizens is subject to perpetuating:

1) participants of the Great Patriotic War of 1941-1945;

2) the citizens who died during military operations in case of accomplishment of fighting tasks or other service duties on protection of the Fatherland;

3) the citizens who died in case of protection of the state independence and protection of the constitutional system of the Republic of Tajikistan;

4) the citizens who died in case of accomplishment of fighting (office) tasks in the territory of other states for the sake of protection of interests and safety of the Republic of Tajikistan;

5) the citizens who died in case of execution of fighting (office) tasks from wounds, contusion, disability or disease in case of protection of the Fatherland or in the territory of other states irrespective of time of approach of the specified consequences, and also missing persons during military operations or in case of accomplishment of other fighting tasks;

6) citizens, the fallen (dead) in captivity in case of protection of the Fatherland, but not betrayed the Homeland, having kept at the same time the honor and advantage;

7) the citizens, the military personnel, persons equated to them the commanding structure, who worked in the back, showed heroism in case of protection of the Fatherland.

Article 5. Perpetuating of memory of the foreign citizens and stateless persons who died in case of protection of the Republic of Tajikistan

The Republic of Tajikistan renders tribute to the memory of the foreign citizens and stateless persons who died in case of protection of interests and safety of Tajikistan and its citizens.

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