of December 11, 1999 No. 881
This Law determines legal, economic and social basis of internal and external migration and is directed to regulation of migratory processes in the Republic of Tajikistan.
In this Law the following basic concepts are used:
- labor migration - migration of physical persons from one country in another for the purpose of employment;
- internal migration - irretrievable, temporary, and also seasonal movement of physical persons in the Republic of Tajikistan;
- the immigrant - the foreign citizen or the stateless person which arrived to the Republic of Tajikistan for temporary or permanent residence;
- immigration - entry of foreign citizens or stateless persons into the Republic of Tajikistan for temporary or permanent residence;
- family immigration - entry into the Republic of Tajikistan of group of relatives for temporary or permanent residence;
- collective immigration - organized resettlement to the Republic of Tajikistan foreign citizens and stateless persons;
- illegal immigrants are the foreign citizens or stateless persons which arrived to the territory of the Republic of Tajikistan independently, without the corresponding permission of authorized state body or the stay which received it fraudulently, and also driven on the territory of the Republic of Tajikistan on the basis of the corresponding permission, but not left it after term;
- immigrants - persons who returned to the former residence for the purpose of permanent residence on the historical homeland (repatriates), and also persons who married citizens of the Republic of Tajikistan or the persons who voluntarily left the country of permanent residence and moved to permanent residence to the Republic of Tajikistan;
- displaced persons - the persons who are citizens of the Republic of Tajikistan, by force left the place of the permanent residence, being in the territory of other state owing to making of violence over them and prosecution, or real danger to undergo to prosecution not only concerning itself, but against members of the family on signs of racial, national identity, religion, language, political convictions, belonging to certain social group and also if there is communication between making of violence or prosecution and real danger to undergo to prosecution in the armed and international conflicts;
- temporary residence of immigrants - the settlement in the territory of the Republic of Tajikistan determined by the central executive body in coordination with local executive bodies of the government and other competent authorities on which there are premises suitable for placement and temporary residence of repatriates, reemigrant, displaced persons and refugees;
- repatriation - homecoming of prisoners of war, displaced persons, refugees, emigrants;
- repatriates - the physical persons returning on repatriation;
- emigration - irretrievable or temporary departure of physical persons from the Republic of Tajikistan to other country;
- reemigrant - the persons which were in emigration and returning home;
- emigrants - the physical persons making emigration;
- ecological migrants - persons forced to leave the dwellings because of environmental disasters;
- external labor migration - voluntary departure legally the citizens who are constantly living in the territory of the Republic of Tajikistan abroad and also entrance of the foreign citizens and stateless persons who are constantly living outside the Republic of Tajikistan on se the territory for paid work according to the employment contract (contract);
- border labor migration - daily or once a week departure of citizens of the Republic of Tajikistan on the territory of the adjacent state and daily or once a week entrance of citizens of the adjacent state on the territory of the Republic of Tajikistan for the purpose of receipt of paid work according to the employment contract (contract) on condition of permanent residence in the territory of the state of departure;
- the migrant worker - person who was engaged, engaged or will be engaged in paid labor activity in the state in which he does not live constantly and which citizen it is not;
- the border worker - the migrant worker keeping the regular residence in the adjacent state to which he returns every day or once a week;
- the state of departure - the state in the territory of which the migrant worker lives constantly and leaves for receipt of paid work to other state;
- the state of employment - the state in which the migrant worker was engaged, engaged or will be engaged in paid labor activity;
- ecological migration - process of forced movement of citizens in the territory of the country owing to deterioration in the living environment and environmental disasters;
- subjects of managing - the physical persons or legal entities which are performing economic activity and having the license for the activities connected with employment of citizens of the Republic of Tajikistan abroad and attraction of foreign labor power to the Republic of Tajikistan.
Migration is based on the following principles:
- ensuring human right for the free choice of the place of residence, freedom of work, free choice of kind of activity and profession, freedom of departure, freedom of travel;
- inadmissibility of any discrimination based on nationality, races, floor, language, religion, political convictions, education, social and property status;
- participation of the relevant state bodies in the organization of streamlining of processes of migration;
- personal participation of migrants in arrangement on the new place of residence in case of targeted state support of initiative and amateur performance of everyone, first of all - immigrants from zones ecological and natural disaster;
- prohibition of dispatch or forced return of migrants to the countries from where they arrived;
- cooperation with other countries.
The legislation of the Republic of Tajikistan on migration 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.
1. Persons who got permission to dostoyanny or temporary residence in the Republic of Tajikistan according to this Law acquire the status of immigrants.
2. Persons moving on legal causes on permanent residence from the Republic of Tajikistan to other states acquire the status of emigrants (except the staff of embassies and representations of the Republic of Tajikistan in foreign countries, the citizens of the Republic of Tajikistan performing in foreign countries temporary labor activity, the military personnel fulfilling peacekeeping duty and also persons which are on study, treatment in tourist trip and official journey).
3. Persons which by force moved in the Republic of Tajikistan acquire the status of internal migrants.
4. Persons who committed the crimes directed against the world, safety of mankind, terrorist and extremist nature cannot be recognized as immigrants or reemigrant.
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