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CONSTITUTIONAL LAW OF THE REPUBLIC OF TAJIKISTAN

of November 4, 1995 No. 106

About referendum of the Republic of Tajikistan

(as amended on 03-08-2018)

Chapter I. General provisions

Article 1. Concept of referendum of the Republic of Tajikistan

Referendum of the Republic of Tajikistan - national vote on the most important issues of the state and public life.

Only by referendum the Constitution of the Republic of Tajikistan changes and supplemented.

The decisions made by national referendum have the highest legal force, do not need any approval and are obligatory for application in all territory of Tajikistan.

Article 2. The questions which are not subject of referendum of the Republic of Tajikistan

According to article 100 of the Constitution of the Republic of Tajikistan the republican form of government, territorial integrity, democratic, legal, secular and social essence of the state are invariable and are not subject to removal at referendum of the Republic of Tajikistan.

Questions of territorial division, acceptance of emergency and urgent measures on protection of public order, protection of health and safety of citizens, the changes of the status and territorial integrity of the Gorno-Badakhshan Autonomous Region, and also the questions connected with appointment and release of officials, which are within the competence of Majlisi milli and Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan, joint sitting of Majlisi milli and Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan, the President of the Republic of Tajikistan and also the questions concerning accomplishment of obligations according to international treaties of the republic cannot be submitted for national referendum.

Article 3. Right of citizens of the Republic of Tajikistan to participation in referendum

In referendum have the right to participate the citizens who reached 18 years and having the right to vote according to the legislation of the Republic of Tajikistan.

Have no right to participate in referendum the citizens recognized by court incapacitated or containing in places of detention according to the court verdict. Citizens of the Republic of Tajikistan participate in referendum irrespective of origin, social and property status, racial and national identity, floor, education, language, the relation to religion, political views, sort and nature of occupations.

Citizens of the Republic of Tajikistan participate in referendum irrespective of nationality, race, floor, language, religion, political convictions, social and property status, education.

Article 4. General principles of holding referendum

Citizens participate in referendum freely, directly and personally.

Vote on referendum is performed secretly, control of declaration of will of citizens is forbidden.

Citizens of the Republic of Tajikistan participate in referendum on an equal basis in the place of the permanent or temporary residence. Each citizen has one voice.

Article 5. Legislation on referendum of the Republic of Tajikistan

The legislation on referendum of the Republic of Tajikistan consists of the Constitution of the Republic of Tajikistan, this constitutional Law and other laws of the Republic of Tajikistan.

Article 6. Publicity by preparation of referendum

During preparation of holding referendum wide publicity, participation of the public is provided.

The political parties, labor unions, other public associations registered in the procedure established by the law, the state and public bodies participating in the organization and holding referendum performs the activities openly and publicly, with observance of the current legislation of the Republic of Tajikistan.

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