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The document ceased to be valid according to article 30 of the Law of the Republic of Tajikistan of July 23, 2016 No. 1326

LAW OF THE REPUBLIC OF TAJIKISTAN

of December 11, 1999 No. 908

About international treaties of the Republic of Tajikistan

(as amended on 22-07-2013)

The international agreements form the legal basis of the international relations, promote peacekeeping and safety, development of international cooperation according to the purposes and the principles of Articles of organization of the United Nations. International treaties possess important role in protection of basic rights and human freedoms, in ensuring legitimate interests of the states.

The Republic of Tajikistan supports strict observance of international treaties and confirms the commitment to the principle of fair accomplishment of the international obligations.

Chapter I. General provisions

Article 1. Tasks and coverage of this Law

This Law determines procedure for the conclusion, ratification, acceptance, approval, registration, publication, accomplishment, denouncement and suspension of international treaties of the Republic of Tajikistan. The international agreements are signed, carried out and denounced by the Republic of Tajikistan according to the Constitution of the Republic of Tajikistan, the conventional principles and rules of international law, provisions of the agreement and this Law.

Operation of this Law extends concerning international treaties of the Republic of Tajikistan, irrespective of their nature (interstate, intergovernmental and interdepartmental) and names (the agreement, the agreement, the convention, the protocol, the pact, exchange of letters or notes, etc.), with foreign states and the international organizations.

Article 2. Methods of expression of consent of the Republic of Tajikistan to obligation for it the international treaty

The consent of the Republic of Tajikistan to obligation for it international treaties is expressed by agreement signature, their ratification, acceptance, approval, accession to them, exchange of the documents constituting agreements or otherwise about which the parties agreed.

Article 3. Basic concepts

In this Law the following basic concepts are used:

1) "the international treaty of the Republic of Tajikistan" - the agreement signed on behalf of the Republic of Tajikistan (the interstate agreement), the Governments of the Republic of Tajikistan (the intergovernmental agreement) or the ministries, the state committee or other state body (the interdepartmental agreement) with the consent of the Government of the Republic of Tajikistan with foreign states or the international organizations in writing regardless of whether such agreement contains in one document or in several interconnected documents.

2) "signing" - stage of the conclusion of the agreement or method of consent of the Republic of Tajikistan to obligation of the international treaty if it is provided by the agreement or the arrangement of the parties or intention of the Republic of Tajikistan to give to signing such force;

3) ratification, approval, acceptance and accession is methods of expression of consent of the Republic of Tajikistan to obligation for it the international treaty signed by her plenipotentiary;

a) "ratification" - method of expression of consent of the Republic of Tajikistan in Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan on obligation of the international treaty signed by her authorized representative and method of expression of consent of the Republic of Tajikistan to obligation of the international treaty providing different way of additional approval in addition to its signing;

b) "acceptance" - method of expression of consent of the Republic of Tajikistan to obligation of the international treaty signed by her plenipotentiary, but which did not become effective;

c) "accession" - method of expression of consent of the Republic of Tajikistan to obligation of the become effective international treaty which is not signed by her plenipotentiary.

4) "the mandate (powers)" - the document confirming representation by person or several faces of the Republic of Tajikistan for negotiating, adoptions of the text of the agreement or establishment of its authenticity, expression of consent of the Republic of Tajikistan to obligation of the agreement, making of any other act relating to the agreement;

5) "clause" - the unilateral statement stated in case of expression of consent of the Republic of Tajikistan to obligation of the international treaty for the purpose of exception or change of legal act of separate provisions of the international treaty in their application to the Republic of Tajikistan;

6) "denouncement" - the unilateral application issued properly for the purpose of the termination of legal act of the international treaty or its separate provisions in their application concerning the Republic of Tajikistan;

7) "the international organization" - interstate, intergovernmental organization;

8) "depositary" - the state, the international organization or its principal executive body or the official to who are assigned accomplishment of the functions provided by international law concerning the international treaty.

Article Z (1). Legislation of the Republic of Tajikistan on international treaties

The legislation of the Republic of Tajikistan on international treaties 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 4. The place of international treaties in system of law of the Republic of Tajikistan

The international agreements recognized by Tajikistan according to with requirements of the Constitution of the Republic of Tajikistan are component of its system of law.

In case of discrepancy of the laws of the republic to acknowledged international legal acts regulations of the international treaty are applied.

Regulations officially of the published international treaties which are not requiring adoption of the laws for their application are effective in the Republic of Tajikistan directly. For application of other regulations of international treaties, if necessary, the corresponding regulatory legal acts are adopted.

Chapter II. Procedure for the conclusion of international treaties on behalf of the Republic of Tajikistan.

Article 5. Offers on the conclusion of international treaties on behalf of the Republic of Tajikistan

Offers on the conclusion of international treaties of the Republic of Tajikistan are represented to the President of the Republic of Tajikistan, and offers on the conclusion of international treaties on behalf of the Government of the Republic of Tajikistan are represented to the Government of the Republic of Tajikistan by the Ministry of Foreign Affairs of the Republic of Tajikistan.

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