of November 13, 1998 No. 680
About political parties
The right of citizens to unite in political parties is exercised by means of:
creations of political parties according to the beliefs;
the voluntary accession to political parties on condition of recognition entering their charters;
participations in activities of political parties according to the purposes determined by their programs and in the forms established by their charters;
free exit from political parties.
The concept of political party is understood as public association which main task is participation in political life of society by means of forming of political will of citizens, and also implementation of the power through the representatives.
The purposes and tasks of political party are reflected in its charter and the program published for general data.
In the Republic of Tajikistan only Republican political parties can be created.
Political parties are created by citizens of the Republic of Tajikistan freely, without any permissions, at constituent congress (conference, meeting) at which the charter is accepted and governing bodies of batch are created.
For state registration political parties represent lists at least than one thousand citizens - the supporters who are inhabitants of the majority of the cities and regions of the Republic of Tajikistan.
The batch is recognized the legal entity from the date of its state registration.
Within three months after state registration the political party shall have primary organizations in the majority of areas, cities and areas.
About the city, the area and date of constituent congress (conference, meeting), and also the initiative group on creation of political party reports about basic provisions of the party charter through mass media not later than month before convocation of constituent congress (conference, meeting).
In the territory of the Republic of Tajikistan action of political parties of other states, including in its structures, is forbidden.
Creation and activities of political parties is forbidden, the purposes or actions of which are directed to extremist and terrorist activities, violent change of the constitutional system and the organization of armed groups or promotion of racial, race, social, parochial and religious strife.
Political parties and their members in the political activities have no right to use the religious organizations.
Creation and activities of political parties in the state security agencies, internal affairs, prosecutor's office, customs, tax police, justice, courts, Armed Forces and other paramilitary groups of the Republic of Tajikistan, and also in public authorities, educational institutions of general average and higher education is not allowed.
Membership in political party is possible only on the basis of voluntary declaration of will of citizens of the Republic of Tajikistan.
Judges, prosecutors, military personnel, employees of law-enforcement bodies, state security, tax police, customs and justice, and also foreign citizens and stateless persons cannot be members of political parties.
Political parties have only the fixed individual membership. The citizens who reached 18 years can be party members. The party member shall have the party-membership card.
The party charter shall contain following provisions:
- about the name, the purposes and tasks of political party;
- about structure of political party and its bodies;
- about conditions and procedure for acquisition and loss of membership in batch, about the rights and obligations of members of political party;
- about equality of members of political party;
- about compliance of activities and the purpose of political party of the Constitution of the Republic of Tajikistan;
- about procedure for elections and competence of governing bodies of political party, terms of their powers, the location;
- about publicity of all activity of the party and its bodies;
- about procedure for acceptance and introduction of amendments to the party charter;
- about property and appliances of political party, sources of its financing and its economic activity;
- about batch symbolics (if it is available);
- about procedure for the termination of activities and reorganization of activity of the party;
- about procedure for the decision of the receivership proceeding connected with the termination of activity of the party;
- about selectivity and the reporting.
The charter can contain also other provisions relating to activities of political party.
Adoption of the charter, program of political party, promotion of candidates of this political party for public authorities of the Republic of Tajikistan and the solution of other most important issues of life of political party is performed according to the decision of congress, conference, plenum, meeting or by results of referendum (poll) of party members.
State registration of political parties is performed by the Ministry of Justice of the Republic of Tajikistan.
For state registration of political party the application signed by person authorized by the constituent assembly (conference, congress) of the created party with indication of legal address of governing body is submitted to registering body within one month. The minutes abstract of the constituent assembly (conference, congress) which accepted the charter, and the list at least ten participants of the constituent assembly with indication of their passport data and the place of their residence with appendix of the copy of mass media in which the message on the place and date of constituent congress (conference, meeting), the bank document confirming introduction of the state fee, and the list of one thousand party members according to part 3 of article 3 of this Law and also basic provisions of the charter of political party is put is applied to the statement, in addition to the charter.
The registering body is forbidden to demand from batch of submission of other documents which are not specified in part two of this Article.
State registration of political party is made by registering body within one month from the date of submission of documents. Violation of the specified term is not allowed.
Changes and additions made to the charter of political party are subject to state registration by the same body and in the same time, as state registration of the batch.
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