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CONSTITUTIONAL LAW OF THE REPUBLIC OF TAJIKISTAN

of November 3, 1995 No. 94

About legal regime of emergency state

(as amended on 26-07-2014)
Article 1.

Emergency state is the temporary measure announced according to the Constitution of the Republic of Tajikistan providing particular legal regime of the activities of public authorities, local government bodies, companies, organizations and organizations which are temporarily allowing the restrictions set by this constitutional Law in implementation of constitutional rights and freedoms of citizens, and also the rights of legal entities and assigning to them subsidiary duties.

State of emergency can be imposed under condition:

1) the natural disasters, accidents and catastrophic crashes, epidemics, epizooty creating threat of life and to health of the population;

2) the mass violations of law and order creating real threat to the rights and freedoms of citizens;

3) attempts of capture of the government or change of the constitutional system of the Republic of Tajikistan in the violent way;

4) infringement of territorial integrity of the state menacing to change of its borders;

5) need of recovery of the constitutional law and order and activities of public authorities.

Article 2.

Emergency state in all territory of the Republic of Tajikistan or certain areas appears the Presidential decree of the Republic of Tajikistan with its immediate introduction on approval of joint sitting of Majlisi milli and Majlisi namoyandagon and the message in the United Nations. The presidential decree of the Republic of Tajikistan about introduction of emergency state affirms on joint sitting of Majlisi milli and Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan no later than in three-day time from the moment of its introduction in force.

Resolutions of Majlisi Oli of the Republic of Tajikistan concerning approval of the Presidential decree of the Republic of Tajikistan about introduction of emergency state is accepted by a majority vote from total number of members of Majlisi milli and deputies of Majlisi namoyandagon where each of Majlises votes separately.

Majlisi milli and Majlisi namoyandagons during action of emergency state are not dismissed.

State of emergency in all territory of the republic can be imposed up to three months. In necessary cases this term can be extended by the President of the Republic of Tajikistan.

In the conditions of emergency state the rights and freedoms provided in Articles 16, of 17, of 18, of 19, of 20, of 22, 25 and 28Constitutions Republic of Tajikistan cannot be limited.

Article 3.

In case of introduction of emergency state motives of adoption of such decision, term and territorial borders of its action are specified.

The president of the Republic of Tajikistan has the right to cancel before the expiration or to extend the term of emergency state if the circumstances which formed the basis for its consolidation are not eliminated.

The decision on introduction, prolongation or cancellation of emergency state becomes effective from the moment of its acceptance if other is not stipulated especially, and will without delay be promulgated.

Article 4.

In the conditions of emergency state, depending on specific circumstances, state governing bodies can apply the following measures:

1) to strengthen protection of public order and the objects providing activity of the population and the national economy;

2) it is temporary to evict from citizens areas dangerous to accommodation, with obligatory provision of stationary or temporary other premises by it;

3) to introduce specific mode of entrance and departure of citizens;

To prohibit to certain citizens to leave 4) for agreed term certain area, the apartment (house), to expel from the disorderly persons who are not inhabitants of this area at their expense to the place of the stay or out of area limits where state of emergency is declared;

5) weapon and ammunition, and at the companies, organizations and the organizations - as well is temporary to withdraw from citizens educational military equipment, explosive, radioactive materials and materials, strong chemical and toxic agents;

6) to forbid holding the meetings, meetings, street processions and demonstrations, on the content influencing destabilization of situation, and also public hunger strikes and piketirovaniye, spectacular, sporting and other mass events;

7) to set specific mode of work of the companies, organizations and organizations irrespective of pattern of ownership, and also to resolve other issues of their economic activity;

8) to appoint and dismiss heads of the companies, organizations and the organizations, to forbid dismissal of workers and employees on reasonable excuses;

9) to use resources of the companies, organizations and organizations for prevention and mitigation of consequences of force majeure with the subsequent payment of compensation according to the procedure, determined by the Government of the Republic of Tajikistan;

10) to forbid holding strikes;

11) to attract able-bodied citizens to work at the companies, in organizations and the organizations, and also to mitigation of consequences of force majeure, ensuring labor safety;

12) to limit or forbid traffic in weapons, ammunition, explosive, strong chemical and toxic agents, and also ethyl alcohol and alcohol-containing substances, except for medicines;

13) to enter quarantine and to hold other obligatory sanitary and anti-epidemic events;

14) to limit or forbid use of the multiplying equipment, audio and video writing down technicians, and also the radio-transmitting, television, mobile and the equipment Internet, to withdraw sound-amplifying technical means, to exercise control of activities of mass media, if necessary to introduce censorship and restrictions for release of newspapers;

15) to introduce special instructions for use communication;

16) to limit movements of vehicles and to carry out their examination;

17) to enter curfew;

18) to stop the organization and activities of armed groups of citizens;

19) to check documents of citizens, and in necessary cases, the applied data on availability at citizens of weapon. Ammunition, explosive, strong chemical and toxic agents to carry out personal inspection, examination of substances and vehicles;

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