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LAW OF THE REPUBLIC OF TAJIKISTAN

of December 14, 1996 No. 343

About addresses of citizens

(as amended on 03-07-2012)

This Law establishes procedure for the address of citizens with offers, statements and claims in public authorities, local authorities of the government, self-government institutions of settlements and villages or public associations, the companies, organizations, the organizations, irrespective of patterns of ownership, and also procedure and terms of their consideration 

Article 1. Right of citizens to addresses

According to the Constitution of the Republic of Tajikistan citizens have the right personally either together with others, or through the authorized representatives according to the procedure, established by this Law, to address to public authorities, local authorities of the government, self-government institutions of settlements and villages and to officials, to public associations, the companies, organizations and the organizations, irrespective of patterns of ownership which competence permission of the questions raised in addresses enters

All are equal before the law and court. The state guarantees the rights and freedoms of everyone, irrespective of his nationality, race, floor, language, religion, political convictions, education, social and property status.

Citizens of the Republic of Tajikistan, participating in management of the public and public affairs, exercising the rights and freedoms provided to them by the Constitution of the Republic of Tajikistan and other laws have the right:

- on protection of the legitimate rights and interests, and also legitimate rights and interests of other persons and the organizations;

- on recovery by competent authorities of the state and public associations of the violated rights;

Foreign citizens and persons without citizenship have the right according to the procedure, provided by this Law, to address to public authorities, local authorities of the government, self-government institutions of settlements and villages and to officials, to public associations, the companies, organizations and the organizations, irrespective of patterns of ownership which competence permission of the questions raised in addresses enters. Addresses of foreign citizens and stateless persons are considered according to the procedure, established by this Law if other is not provided by the international legal acts recognized by the Republic of Tajikistan

The instruction about record keeping on addresses of citizens is approved by the Government of the Republic of Tajikistan (The law RT of May 21, 1998, No. 582).

Article 1 (1). Coverage of this Law

Operation of this Law extends to all addresses of citizens - the offer, the statement and the claim, except for the addresses considered according to requirements of the Code of civil procedure of the Republic of Tajikistan, the Economic Procedure Code of the Republic of Tajikistan, the Criminal Procedure Code of the Republic of Tajikistan and the Code of the Republic of Tajikistan about administrative offenses

Article 1 (2). Legislation on addresses of citizens

The legislation of the Republic of Tajikistan on addresses of citizens is based on the Constitution of the Republic of Tajikistan, consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also international legal acts recognized by the Republic of Tajikistan

Article 2. Types of addresses

Offers, statements and claims belong to addresses of citizens.

Offers - the appeals of citizens sent on improvement of activities of state bodies or public associations, companies, organizations and organizations.

The state body or public associations, the companies, organizations, the organizations irrespective of patterns of ownership shall consider comprehensively the offer and at the request of the citizen to report to him about results

Claims - addresses with the requirement about recovery of the rights and the legitimate interests of citizens violated by actions, failure to act or decisions of state bodies, public associations, companies, organizations, organizations, and also their officials.

Addresses, individual or collective, can be introduced in oral or written form and are directed to protection of the rights addressed or the rights of other physical persons and legal entities.

Article 2 (1). Oral addresses of citizens.

Oral addresses of citizens are registered and considered in those cases if the identity of the applicant is known and established.

On oral addresses of citizens the oral answer is given, and in case of need additional check of the facts stated in them officials can give within the competence the corresponding orders to authorized persons on consideration of addresses.

Oral addresses of citizens are registered in day of the address, and interested persons are notified on results of their consideration according to the procedure, established by this Law

Article 2 (2). The addresses of citizens arriving by e-mail or the Internet

The addresses of citizens arriving by e-mail or the Internet are registered and considered in those cases if in them surname, the name, middle name and data on the applicant's residence are entered, there is digital digital signature registered in the procedure established by the law.

The address of citizens in which surname, the name, middle name, the applicant's address are not entered and is not available the digital digital signature or are not true, are considered anonymous and are not subject to consideration.

The addresses of citizens arriving by e-mail or the Internet are registered in day of receipt, and interested persons are notified on results of their consideration according to the procedure, established by this Law.

Article 3. Repeated and secondary claims and statements

And secondary the claim or the petition from the citizen when he does not agree with the decision made according to its first claim or the statement on the same question in the same body is considered repeated

The claim or statement on the same question directed before receipt of the answer to the first claim or the statement are considered as secondary.

The repeated claim or the petition from citizens in one body in which new arguments or newly discovered facts are not given are not subject to consideration if on them there are results of exhaustive checks, and citizens are completely given answers according to the procedure, established by this Law

Article 4. Submission of the claim and statement

The claim and the statement can be submitted by citizens whose rights are broken persons authorized by them, and also other person or the organization performing human rights activities. The claim and the statement for the benefit of minor and incapacitated persons move their legal representatives.

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