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LAW OF THE REPUBLIC OF TAJIKISTAN

of April 7, 1995 No. 61

About perpetuating of memory of the citizens who died in case of protection of the Fatherland

(as amended on on March 25, 2011)

This Law determines organization-legal bases of perpetuating of memory of the citizens who died in case of protection of the Fatherland and establishes powers of the state bodies performing these functions.

Chapter I. General provision

Article 1. The legislation of the Republic of Tajikistan on perpetuating of memory of the citizens who died in case of protection of the Fatherland

The legislation of the Republic of Tajikistan on perpetuating of memory of the citizens who died in case of protection of the Fatherland 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 the international legal acts recognized by Tajikistan

Article 2. State policy on perpetuating of memory of the citizens who died in case of protection of the Fatherland

State policy on perpetuating of memory of the citizens who died in case of protection of the Fatherland is system of the legal, social and economic, cultural and educational, moral, organizational and other measures providing:

development of the State program of perpetuating of memory of the citizens who died in case of protection of the Fatherland;

approval in the society of respect for memory of the citizens who died in case of protection of the Fatherland;

accounting of military burials, memorial complexes, the historical places connected with feats of the citizens who died in case of protection of the Fatherland, their improvement;

other measures for perpetuating of memory of the citizens who died in case of protection of the Fatherland.

Article 3. Memory of the citizens who died in case of protection of the Fatherland, subject to perpetuating

Memory of citizens is subject to perpetuating:

the dead during military operations, in case of accomplishment of fighting tasks or other service duties on protection of the Fatherland;

the dead in case of accomplishment of military (office) duty in the territory of other states;

died of the wounds, contusions, mutilations or diseases got in case of protection of the Fatherland or in the territories of other states in case of accomplishment of military (office) duty, irrespective of time of approach of the specified consequences, and also missing persons during military operations, in case of accomplishment of other fighting tasks;

the died (dead) in captivity in which appeared owing to the developed fighting situation, but not lost the honor and advantage which did not change to the Homeland.

Article 4. Perpetuating of memory of the foreign citizens who died in case of protection of the Republic of Tajikistan

The tribute to the memory is rendered by the Republic of Tajikistan to the foreign citizens who died in case of protection of interests and safety of Tajikistan and its citizens.

Article 5. Perpetuating of memory of military units, connections, forming and places of fighting

Perpetuating of memory of military units, connections, forming perhaps if they caused a stir in case of protection of the Fatherland, and also places of the fighting which became history as symbols of heroism, courage and firmness of the people.

Article 6. Obligation of citizens on perpetuating of memory of the dead in case of protection of the Fatherland

Respect for memory of the dead in case of protection of the Fatherland is holy duty, and protection of the places of the shown heroism connected with perpetuating by obligation of each citizen.

Article 7. Forms of perpetuating of memory of the citizens who died in case of protection of the Fatherland

The main forms of perpetuating of memory of the citizens who died in case of protection of the Fatherland are:

preserving and improvement of military burials, installation of gravestones, monuments, obelisks, other memorial constructions and objects;

preserving and arrangement of the separate territories which are historically connected with feats of the dead in case of protection of the Fatherland;

entering of surnames of the dead in case of protection of the Fatherland and other information about them in books of memory;

creation of the memorial museums, the organization of exhibitions, construction on places of fighting of memorable signs;

publications in mass media of materials about the dead in case of protection of the Fatherland, creation of the works of art and literature devoted to their feats;

assignment of surnames and names of the dead in case of protection of the Fatherland to settlements, streets and squares, physiographic objects, the companies, the organizations, organizations, organizations, including educational and military units;

recognition of the Fatherland which died in case of protection, including the foreign citizen, the honorary citizen of the republic or its administrative and territorial units;

establishment of memorials and day of remembrance.

According to the decision of state bodies, public associations or at the initiative of citizens also other actions for perpetuating of memory of the citizens who died in case of protection of the Fatherland can be performed.

Chapter II. Burials of the citizens who died in case of protection of the fatherland

Article 8. Military burials

Burials of the citizens who died in case of protection of the Fatherland with the gravestones which are on them, obelisks, elements of barrier and other memorial constructions and objects are military burials.

Treat them: military sites at general cemeteries, military cemeteries, certain military sites at general cemeteries and out of cemeteries, the place of death of fighting aircrafts with crews.

Article 9. Procedure for burial (reburial) for the dead in case of protection of the Fatherland

Burial (reburial) of the dead in case of protection of the Fatherland is performed with afterfeast of military honors. At the same time holding religious practices is not forbidden. Responsibility for burial, the equipment and registration of graves and cemeteries of the citizens who died in case of protection of the Fatherland is assigned to local executive bodies of the government bodies of military management.

The reburial of remains of the dead is carried out according to the decision of local executive bodies of the government with the obligatory notification of relatives of the dead.

Burial of the dead in the course, military operations is carried out according to requirements of charters, orders and directives of command.

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