of August 1, 1997 No. 481
About Frontier of the Republic of Tajikistan
According to the Constitution of the Republic of Tajikistan the territory of the Republic of Tajikistan is indivisible and inviolable.
This Law determines and fixes the legal basis of establishment, passing and protection of Frontier of the Republic of Tajikistan, and also power of state bodies, local government bodies, Armed Forces of the Republic of Tajikistan, other troops and military forming in the field of protection of Frontier of the Republic of Tajikistan.
The frontier of the Republic of Tajikistan (further - Frontier) is the line and the vertical surface passing across this line, the determining limits of the state territory (sushi, waters, subsoil and airspace) the Republic of Tajikistan, that is space limit of action of the state sovereignty of the Republic of Tajikistan.
The frontier is determined by the regulatory legal acts of the Republic of Tajikistan and the international legal acts recognized by Tajikistan.
The boundary policy is part of the state domestic and foreign policy of the Republic of Tajikistan determined by the President of the Republic of Tajikistan.
The boundary policy is created proceeding from the international principles of respect of sovereignty, territorial integrity and immunity of frontiers and is based that the Republic of Tajikistan:
considers Frontier as the line determining legally enforceable space limit of the territories (sushi, waters, subsoil, airspace) on which the Republic of Tajikistan has all completeness of the sovereign rights;
confirms on the basis of the proclaimed successorship concerning the former USSR passing of the Frontier established by the international acts existing on the date of entry into force of this Law including acts of administrative-territorial differentiation of the Republic of Tajikistan and other states - the former Republics of USSR;
performs in case of establishment and change of passing of Frontier, establishment and maintenance of legal relationship of the Republic of Tajikistan with the adjacent states on border, regulation of legal relationship in the border regions of Tajikistan and on the ways of the international messages in the territory of Tajikistan the measures answering the purpose of safety of the Republic of Tajikistan and the international security, interests of mutually beneficial and full cooperation with the adjacent states, to the principles of peaceful nonviolent resolution of boundary questions;
in the cases provided by the international legal acts recognized by Tajikistan coordinates establishment of the mode of Frontier and activities for its protection and protection with the State Parties of the Commonwealth of Independent States.
Protection of Frontier as part of system of safety of the Republic of Tajikistan and realization of the state boundary policy of the Republic of Tajikistan consists in the approved activities of public authorities and local self-government performed by them within the powers by acceptance of political, organization-legal, diplomatic, economic, defense, boundary, prospecting, counterprospecting, operational search, customs, nature protection, sanitary and epidemiologic, ecological and other measures. The companies, organizations, the organizations, public associations and citizens in accordance with the established procedure participate in these activities.
Measures for protection of Frontier are taken according to the status of Frontier determined by the international legal acts, recognized as the Republic of Tajikistan and the legislation of the Republic of Tajikistan.
The Republic of Tajikistan cooperates with foreign states in the field of protection of Frontier on the basis of the conventional principles and rules of international law and the international legal acts recognized by the Republic of Tajikistan.
Protection of Frontier provides the vital interests of the personality, society and state on Frontier within the border territory (border area, the Tajik part of the boundary rivers, lakes and other reservoirs, check points through Frontier, and also the territories of the administrative areas and the cities adjacent to Frontier, border area, coast of the boundary rivers, lakes and other reservoirs) and is performed by all executive bodies according to their powers established by the legislation of the Republic of Tajikistan.
Protection of Frontier is component of protection of Frontier and is performed within the border territory on the land, the rivers, lakes and other reservoirs by border troops, and in airspace - the Air Force and air defense of Armed forces of the Republic of Tajikistan.
Protection of Frontier is performed for the purpose of non-admission of illegal change of passing of Frontier, ensuring compliance by physical persons and legal entities with the mode of Frontier, boundary regime of m of the mode at check points through Frontier. Measures for protection of Frontier are considered in this Law as boundary measures.
Boundary measures log in the security measures performed within single state policy of safety and corresponding to threat to the vital interests of the personality, society and state.
The legislation on Frontier of the Republic of Tajikistan is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, the international legal acts recognized by the Republic of Tajikistan.
Passing of Frontier is established by the international legal acts recognized by Tajikistan.
Documents on the changes, amendments of passing of Frontier on the area made according to the procedure of check of Frontier based on the international legal acts recognized by the Republic of Tajikistan become effective according to the legislation of the Republic of Tajikistan.
Passing of Frontier if other is not provided by the international legal acts recognized by the Republic of Tajikistan is established:
a) on the land - on characteristic points, lines of relief or clear visible permanent reference point;
b) on the navigable rivers - on the middle of the main waterway or thalweg of the river; on the non-navigable rivers, streams - on their middle or on the middle of the main sleeve of the river; on lakes and other reservoirs - on the equidistant, median, direct or other line connecting Frontier exits to coast of the lake or other reservoir.
The frontier passing down the river to stream, the lake or other reservoir, does not move as in case of change of outline of their coast or water level, and in case of variation of bed of the river, stream to this or that party;
c) on water storage basins of water-engineering systems and other artificial reservoirs - according to the line of the Frontier passing on the area before its flooding;
d) on the bridges, dikes and other constructions passing through the rivers, streams, lakes and other reservoirs - on the middle of these constructions or on their technological axis irrespective of passing of Frontier on water.
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