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THE CODE OF THE REPUBLIC OF TAJIKISTAN ABOUT ADMINISTRATIVE OFFENCES

of December 31, 2008

(as amended on 17-12-2020)

Section I. General part

Chapter 1. General provisions

Article 1. Legislation of the Republic of Tajikistan on administrative offenses

1. The legislation of the Republic of Tajikistan on administrative offenses is based on the Constitution of the Republic of Tajikistan and consists of of this Code, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

2. In case of discrepancy of regulations of the legislation of the Republic of Tajikistan on administrative offenses to acknowledged international legal acts regulations of the international legal acts are effective.

Article 2. Tasks of the legislation of the Republic of Tajikistan on administrative offenses

Tasks of the legislation of the Republic of Tajikistan on administrative offenses consist of protection of rights and freedoms of man and citizen, health protection, ensuring sanitary and epidemiologic safety of the population, protection of public morality, improvement of the environment, protection of established procedure of implementation of the government, public order and public safety, property, protection of legitimate interests of physical persons and legal entities, society and the state from administrative offenses, and also ensuring timely and correct hearing of cases about administrative offenses and the prevention of administrative offenses.

Article 3. The relations regulated by the Code of the Republic of Tajikistan about administrative offenses

The code of the Republic of Tajikistan about administrative offenses (further - this Code) governs the following relations:

- general provisions and principles of the legislation on administrative offenses;

- acts (actions or failure to act) which are administrative offense;

- establishment of the administrative responsibility of physical persons and legal entities for abuse of regulations and the regulations provided by this Code;

- determination of types of administrative punishments and rules of their application.

The paragraph the fifth Article 3 is excluded according to the Law of the Republic of Tajikistan of 22.07.2013 No. 980

The paragraph of the sixth Article 3 is excluded according to the Law of the Republic of Tajikistan of 22.07.2013 No. 980

The paragraph of the seventh Article 3 is excluded according to the Law of the Republic of Tajikistan of 22.07.2013 No. 980

Article 4. Article 4 is excluded   according to the Law of the Republic of Tajikistan of 22.07.2013 No. 980

Article 5. Action of this Code in time and in space

1. Person who made administrative offense is brought to the administrative responsibility based on the law existing in time and in the place of making of administrative offense.

2. The law mitigating or canceling responsibility for administrative offense, or otherwise improving provision of person who made administrative offense has retroactive force, that is extends also to person who made administrative offense before entry into force of such law or concerning whom the resolution on imposing of administrative punishment is not performed.

3. The law establishing or aggravating responsibility for making of administrative offense, or otherwise worsening situation of person who made administrative offense has no retroactive force.

4. Part 4 of Article 5 is excluded according to the Law of the Republic of Tajikistan of 22.07.2013 No. 980

Article 6. Principles of the legislation of the Republic of Tajikistan on administrative offenses

The legislation of the Republic of Tajikistan on administrative offenses is based on the principles of legality, equality before the law, inevitability of punishment, the personal liability and guilt, justice, humanity.

Article 7. Principle of legality

1. Act recognition (action or failure to act) administrative offense, responsibility and punishment for its making, and also consequence in law of making of administrative offense are established only by this Code.

2. Nobody can be brought to the administrative responsibility, and also will subject to administrative punishment and measures of ensuring proceeedings about administrative offense without the judgment, the decision of authorized state body, the authorized officer and against the procedure and the bases established by this Code.

3. Application of regulations of this Code by analogy is not allowed.

4. Application by the judge, authorized state body or the authorized officer of administrative punishment and measures of ensuring proceeedings about administrative offense, is performed within their competence according to this Code.

5. Observance of requirements of the legislation in case of proceeedings on administrative offense and application of measures of administrative influence for making of administrative offense is provided with systematic control from higher authorized state bodies and officials and public prosecutor's supervision.

6. Content of regulations of this Code should be understood in strict accordance with its text.

7. According to proper Articles of the Special part of this Code the administrative responsibility for abuses of regulations," standards, instructions, provisions and other regulations, is provided in cases if such provisions are accepted or approved according to regulatory legal acts of the Republic of Tajikistan.

Article 8. Principle of equality before the law

1. Persons who made administrative offenses are equal before the law.

2. Physical persons for making of administrative offense are brought to the administrative responsibility, irrespective of nationality, nationality, race, floor, language, religion, political convictions, education, social and property status.

3. The official and person equated to it, irrespective of execution of office powers and post, are brought to the administrative responsibility for making of administrative offenses.

4. Legal entities for making of administrative offense are brought to the administrative responsibility, irrespective of patterns of ownership, the location, legal forms and subordination, and also other circumstances.

5. The member of Majlisi milli and the deputy of Majlisi namoyandagon cannot be subject to the administrative punishment appointed judicially.

6. Persons who according to the Constitution of the Republic of Tajikistan and the laws of the Republic of Tajikistan have the immunity right cannot be exposed to arrest, detention, the drive and search without the consent of relevant organs.

Article 9. Principle of inevitability of punishment

Each physical person or legal entity which made administrative offense is subject to the administrative prosecution, administrative punishment and application of measures of ensuring proceeedings about administrative offense provided by this Code.

Article 10. Principle of the personal liability and guilt

1. The physical person or legal entity is subject to the administrative responsibility for those acts (actions or failure to act) concerning which his guilt is ascertained.

2. Administrative prosecution for innocent damnification, is not allowed.

Article 11. Concept of justice

1. The administrative punishment and measures of ensuring proceeedings about administrative offense which are subject to application to the physical person or legal entity which made administrative offense shall be fair, that is correspond to nature of administrative offense, circumstances of its making, the come effects, the identity of guilty physical person or goodwill of the legal entity.

2. Nobody can be brought to the administrative responsibility twice for the same administrative offense made by it.

Article 12. Principle of humanity

1. To the physical, official or legal entity who made administrative offense such administrative penalty shall be imposed and such measure of ensuring proceeedings about administrative offense, necessary and sufficient for its correction and the prevention of making of new administrative offenses as person who made administrative offense and other persons is applied.

2. In case of application to the physical person or legal entity which made administrative offense, administrative punishment and measures of ensuring proceeedings about administrative offense causing pain and suffering, physical or moral, intimidation, discrimination of any nature or humiliation of human dignity of physical person or causing damage of goodwill of the legal entity is forbidden.

Article 13.

Article 13 is excluded according to the Law of the Republic of Tajikistan of 22.07.2013 No. 980

Article 14.

Article 14 is excluded according to the Law of the Republic of Tajikistan of 22.07.2013 No. 980

Article 15.

 Article 15 is excluded according to the Law of the Republic of Tajikistan of 22.07.2013 No. 980

Article 16. Procedure for interpretation of this Code

1. If regulations of this Code have two or several values or interpretation, they are interpreted for benefit of person who made administrative offense.

2. The concepts and determinations applied in this Code have that value which is given in the relevant laws and regulatory legal acts if this Code does not establish other procedure.

3. Within of this Code interpretation of identical concepts of different values is forbidden if the Code does not contain special specifying.

Chapter 2. Administrative offense

Article 17. Concept of administrative offense

1. The administrative offense is illegal, guilty act (action or failure to act) of physical person or legal entity which making in the procedure established by this Code attracts the administrative responsibility. The administrative offense can be made intentionally or on imprudence.

2. Failure to act is recognized administrative offense if the law or other regulatory legal acts of the Republic of Tajikistan provide obligation of person to prevent the actions approach of these or those effects.

3. Person mistaking in nature illegal (actions or failure to act) cannot be found guilty of making of administrative offense if it was not able to prevent emergence of this delusion.

4. The legal entity is brought to the administrative responsibility for making of administrative offense if it is determined that it (legal entity) had possibility of observance of rules and regulations for which violation this Code provides the administrative responsibility, but did not take all measures for their observance depending on it.

5. Imposing of administrative punishment on the legal entity does not exempt from the administrative responsibility for this offense guilty physical person, as well as attraction to administrative or criminal liability of physical person does not exempt from the administrative responsibility for this offense the legal entity.

Article 18. Making of administrative offense is intentional

The administrative offense is recognized committed intentionally if person which made it understood illegal nature of the act (action or failure to act), expected its harmful effects and wished approach of such effects or consciously allowed their making, or was indifferent to them.

Article 19. Making of administrative offense on imprudence

The administrative offense is recognized committed on imprudence if person which made it expected possibility of approach of harmful effects of the act (action or failure to act), but without the bases, sufficient on that, and due to negligence, or self-confidently expected prevention of such effects, or did not expect possibility of approach of such effects though it shall and could expect them, and also did not know, but owed know about illegality of the act (action or failure to act).

Article 20. Emergency

1. Actions of person are not recognized administrative offense if they are made by it in emergency condition.

2. Actions persons are recognized committed emergency condition if they are directed to prevention of direct threat of danger to the interests of the state, society and personality protected by the law when danger could not be under the circumstances eliminated with other means, methods and the damage suffered is less considerable, than prevented.

3. In case of causing as a result of the actions which are commited by person in condition of emergency or in provision of hopelessness, equal or more considerable harm because of confusion, fear or fright, such actions are not illegal.

Article 21. Reasonable risk

1. Damnification to the interests protected by this Code in case of reasonable risk for achievement of the socially useful purpose is not considered administrative offense.

2. The risk is recognized reasonable if the specified objectives could not be achieved not connected with risk actions (failure to act) and person which allowed risk took all necessary measures for prevention of harm to the interests protected by this Code.

3. The risk is not recognized reasonable if it was obviously integrated to threat of life and to human health, environmental disaster or public disaster.

Chapter 3. Administrative responsibility

Article 22. Concept of the administrative responsibility

1. The administrative responsibility, being kind of legal responsibility, means application by the judge, authorized state body or the authorized officer of administrative punishment to the physical person, the business owner, official or legal persons who made the administrative offense provided by this Code.

2. Different types of administrative offense involve application of different administrative punishments.

3. Making of administrative offense by physical person or legal entity two and more times within one year is recognized systematic.

Article 23. Basis of the administrative responsibility

The basis of the administrative responsibility is making by the physical, official or legal entity of the act containing all signs of structure of the administrative offense provided by this Code.

Article 23 (1) Partnership in administrative offense

1. Partnership in administrative offense intentional joint participation of two or more physical or officials is recognized making of intentional administrative offense.

2. Accomplices of administrative offense along with the contractor also the organizer and the helper are recognized.

3. The contractor the person who directly made administrative offense or directly participating in its making together with other persons (collaborators) and also person who made administrative offense by means of use of other persons which are not subject to the administrative responsibility according to this Code is recognized.

4. The organizer the person who organized administrative offense or directing its execution is recognized.

5. The helper person promoting making of administrative offense by councils, instructions, provision of information, means or tools of making of administrative offense or removal of obstacles is recognized, and also person who was in advance promising to hide the offender, means or tools of making of administrative offense, traces of administrative offense or objects got by administrative offense, and is equal person which was in advance promising to acquire or sell such objects.

6. Responsibility of the organizer and helper is determined according to Article of the Special part of this Code, with reference to this Article, except as specified, when they at the same time were collaborators of administrative offense.

7. In case of purpose of administrative punishment for making of the administrative offense made in partnership nature and extent of the actual participation of each accomplice of administrative offense is considered.

Article 24. Age on reaching which there comes the administrative responsibility of physical person

The physical person which reached by the time of making of administrative offense of sixteen years is brought to the administrative responsibility.

Article 25. Possibility of release from the administrative responsibility

1. In case of insignificance of administrative offense the judge, the authorized state body and the authorized officer considering case on administrative offense can exempt person who made administrative offense from the administrative responsibility and collection and to be limited to the oral note.

2. According to this Code the committed administrative offense which entailed causing material damage to physical person in the amount up to one, and legal entity - to ten indicators for calculations is insignificant.

Article 26. Diminished responsibility

The physical person which during making of administrative offense was in diminished responsibility condition is not subject to the administrative responsibility, that is could not realize the actual nature and illegality of the act (action or failure to act) or to direct them owing to chronic mental disease, temporary frustration of mentality, weak-mindedness or other disease state of mentality.

Article 27. Administrative responsibility of physical persons

1. For making of administrative offenses physical persons according to the procedure provided by this Code are brought to responsibility if other is not provided in other regulatory legal acts of the Republic of Tajikistan.

2. The physical person is understood as citizens of the Republic of Tajikistan, foreign citizens and stateless persons.

Article 28. Administrative responsibility of minors

1. Minors are brought to the administrative responsibility according to the procedure, established by this Code.

2. Taking into account the specific facts of the case about administrative offense and data on the minor who made administrative offense aged from sixteen up to eighteen years, the judge, authorized state the specified person can be exempted by body or the authorized officer from the administrative responsibility.

3. After acceptance by the judge, authorized state body or the authorized officer of the decision on release of minors from the administrative responsibility case goes to the Commission  on  protection  of the rights of the child for application of measures of impacts to it.

Article 29. The administrative responsibility of the official equated to it person and the individual entrepreneur

1. The official is brought to the administrative responsibility for making of administrative offense in connection with non-execution or improper execution of service duties by it. In the absence of these circumstances, the official guilty of making of administrative offense is made responsible in accordance with general practice.

2. The official in this Code is understood as concept the designated or elected person performing constantly, temporarily or on special power of function of the representative of the government that is allocated according to the procedure, established by the legislation of the Republic of Tajikistan, administrative powers concerning persons who are not under its office supervision, and person which is carrying out on paid or non-paid basis organizational and administrative, administrative functions in public authorities, public institutions and self-government institutions of settlements and villages and also is equal in the state business entities and other subjects of managing in whom the share of the state constitutes at least a half, and the faces equated to them.

3. Heads and employees of the organizations, irrespective of pattern of ownership, made administrative offense in connection with accomplishment of organizational and administrative and administrative functions, are brought to the administrative responsibility as officials if the legislation of the Republic of Tajikistan does not establish other procedure.

4. Individual entrepreneurs are brought to the administrative responsibility for making of administrative offense in connection with non-execution or improper execution of the obligations established by the legislation of the Republic of Tajikistan by them.

5. The individual entrepreneur according to the legislation of the Republic of Tajikistan is understood as the physical person performing business activity without formation of legal entity on the basis of the patent or the certificate.

 

Article 30. The administrative responsibility of the military personnel and other persons to whom disciplinary charters extend

1. Military personnel and other citizens of the Republic of Tajikistan called on military charges are brought to the administrative responsibility for administrative offenses according to disciplinary charters or special rules.

2. The staff of law-enforcement bodies, bodies of the Agency on control of drugs in case of the President of the Republic of Tajikistan, law-enforcement divisions of bodies of the Agency on the state financial control and fight against corruption of the Republic of Tajikistan, bodies criminally - executive system of the Ministry of Justice of the Republic of Tajikistan, customs and other relevant organs of the Republic of Tajikistan is brought to the administrative responsibility for the administrative offenses made on duty according to the regulatory legal acts regulating procedure for service in the specified bodies.

3. For violation of the law about elections and referenda, in the field of ensuring sanitary and epidemiologic safety of the population, about natural monopolies, traffic regulations, requirements of fire safety out of the duty station, the legislation on environmental protection, customs rules and rules of the set mode of Frontier of the Republic of Tajikistan, boundary regime, the mode at check points through Frontier of the Republic of Tajikistan, and also for administrative offenses in the field of the national and local taxes, duties and other state and local financial duties connected with corruption, failure to carry out of legal requirements of court, the prosecutor, investigator, person making inquiry or the authorized officer performing proceeedings about administrative offense, faces to which operations of disciplinary charters or special regulations on discipline extend are brought to the administrative responsibility in accordance with general practice. Administrative punishments in the form of administrative detention cannot be applied to specified persons, and to the military personnel undergoing military service (soldiers and sergeants), administrative punishments in the form of administrative penalty cannot be also applied.

Article 31. Administrative responsibility of legal entities

1. Legal entities bear the administrative responsibility for administrative offense only in the cases which are directly provided by the relevant articles of the Special part of this Code.

2. Legal entities can be also brought to the administrative responsibility and are subjected to administrative punishment (for actions or failure to act) the physical person found guilty of making of administrative offense if it is determined that this physical person, being the representative (the member, the head) of the legal entity made illegal actions in their advantage.

3. If in the relevant articles of the General and Special part of this Code it is not specified that the regulations established by these Articles are applied only to physical person or only to the legal entity, these regulations are equally applied in the relation of both the physical, and legal entity, except as specified, if in sense these regulations belong and can be applied only to physical person or only to the legal entity.

4. In case of merge of several legal entities again arisen legal entity is brought to the administrative responsibility for making of administrative offense.

5. When joining the legal entity who made administrative offense to other legal entity, the legal entity who attached to himself the guilty legal entity is brought to the administrative responsibility.

6. In case of separation of the legal entity or in case of secession of the legal entity of one or several legal entities again formed legal entity according to the separation balance sheet or each legal entity separated the list of the legal entity is brought to the administrative responsibility for making of administrative offense.

7. When transforming the legal entity of one type to the legal entity of other type again arisen legal entity is involved in the administrative responsibility for making of administrative offense.

8. In the cases specified in parts of the fourth or seventh this Article, the administrative responsibility for making of administrative offense comes irrespective of whether it was known to the legal entity brought to the administrative responsibility of the fact of administrative offense before reorganization completion.

9. The administrative punishments appointed according to paragraphs the second, third, the fourth, sixth, to the seventh and eighth part one of article 36 of this Code to the legal entity for making of administrative offense before completion of reorganization of the legal entity are applied taking into account provisions of parts two, the seventh this Article.

Article 32. Administrative responsibility of foreign citizens, stateless persons and foreign legal entities

1. The foreign citizens who are in the territory of the Republic of Tajikistan, stateless persons and foreign legal entities (their representation, branches, etc.) bear the administrative responsibility for making of administrative offenses in accordance with general practice, except for the foreign citizens having the right of diplomatic immunity (immunity).

2. Concerning the foreign citizens having the right of diplomatic immunity, the administrative responsibility is applied in compliance by the international legal acts recognized by Tajikistan.

Article 33. Terms of administrative prosecution

1. Person cannot be brought to the administrative responsibility if from the date of making of administrative offense there passed three months, except for the administrative offenses provided by part 2 of this Article.

2. Person cannot be brought to the administrative responsibility if there passed six months from the date of making of the following administrative offenses:

- connected with health protection, sanitary and epidemiologic safety of the population;

- in the field of labor protection and social protection of the population;

- in the field of land use;

- in the field of environmental protection and use of natural resources;

- connected with road traffic offense (the administrative offenses which entailed causing little harm to health of the victim);

- in the field of intellectual property;

- in the field of power and use of energy resources;

- in the field of safety of hydraulic engineering constructions;

- in the field of the industry, architectural and town-planning activities;

- in the field of the bank law;

- in the field of the antitrust law;

- in the field of the customs legislation;

- in the field of the tax legislation;

- connected with corruption.

3. In case of the lasting administrative offense the terms provided by parts 1 and 2 of this Article begin to be estimated from the date of detection of administrative offense.

4. In case of refusal in initiation of legal proceedings or the terminations of criminal case, but in the presence in actions of person of signs of administrative offense, the terms provided by part one of this Article begin to be estimated from the date of decision making about refusal in initiation of legal proceedings or about its termination.

5. In case of satisfaction of the petition of person concerning which proceeedings about administrative offense are conducted about consideration of the case on the residence of this person, prescriptive limit of administrative prosecution stops from the moment of satisfaction of this petition until receipt of case papers to the judge, in body or to the official, the representative to consider case on the residence of this person.

Chapter 4. Concept and types of administrative punishments

Article 34. Concept of administrative punishment

Administrative punishment is the enforcement power of responsibility established by this Code applied by the judge, authorized state body or the authorized officer to physical person, the individual entrepreneur, the official or legal entity for making of administrative offense.

Article 35. Purpose of administrative punishment

1. Administrative punishment is applied for the purpose of education of person who made administrative offense in the spirit of steady compliance with laws, and also the prevention of making of new administrative offenses by both the offender, and other persons.

2. Administrative punishment cannot aim at humiliation of advantage of person who made administrative offense, or causing pain and suffering, physical or moral, intimidation, discrimination of any nature or humiliation of human dignity to physical person or causing damage of goodwill of the legal entity who made administrative offense.

Article 36. Types of administrative punishments

1. For making of administrative offenses the following administrative punishments are established and applied:

- prevention;

- administrative penalty;

- administrative suspension of action of the license for implementation of certain types of activity;

- deprivation of the license for implementation of certain types of activity;

- deprivation of physical person of the special right;

- administrative suspension of certain type of activity;

- paid forced withdrawal of the subject which was the tool of making or direct object of administrative offense;

- confiscation of the subject which was the tool of making or direct object of administrative offense;

- administrative expulsion out of limits of the Republic of Tajikistan the foreign citizen or the stateless person;

- administrative detention.

2. The administrative punishments provided in paragraphs the second, third, the fourth, the sixth, seventh and eighth part one of this Article are applied to the legal entity.

3. The administrative punishments provided in part one of this Article can be established only by this Code.

Article 37. Main and additional administrative punishments

1. The prevention, administrative penalty, administrative detention, suspension of action of the license, deprivation of the license, administrative suspension of certain type of activity can be established and be applied only as the main administrative punishments.

2. Deprivation of physical persons of the special right, paid forced withdrawal and confiscation of the subject which was the tool of making or direct object of administrative offense also administrative expulsion out of limits of the Republic of Tajikistan of foreign citizens or stateless persons can be established and be applied as the primary and additional punishment.

3. For one administrative offense the basic or the basic and additional administrative punishment from among the penalties provided in the applied Articles of the Special part of this Code can be imposed.

Article 38. Prevention

The prevention as measure of administrative punishment is taken out to person who made administrative offense, in writing according to the procedure, established by the relevant articles of the Special part of this Code.

Article 39. Administrative penalty

1. Administrative penalty - type of administrative punishment in the form of cash collection in the income of the state, appointed by the judge, authorized state body or the authorized officer to person who made administrative offense according to the procedure, established by this Code.

2. The size of administrative penalty is determined as a percentage or in multiple size, proceeding from:

- the indicator for calculations established from the date of the termination or suppression administrative, and in case of lasting - administrative offense, from the date of its detection;

- costs of subject of administrative offense at the time of the termination or suppression of administrative offense, and in case of the lasting administrative offense from the date of its detection;

- the amounts of unpaid taxes and other obligatory payments or the amount of the illegal currency transactions which are subject to payment from the date of the termination or suppression of administrative offense, and in case of the lasting administrative offense - from the date of its detection;

- costs of the performed works.

3. The minimum size of the administrative penalty imposed on physical person and the individual entrepreneur functioning on the basis of the patent cannot be less than one, on officials - less than three, on the individual entrepreneur functioning on the basis of the certificate and the legal entity - less than ten indicators for calculations.

4. The maximum size of the administrative fine which is ordered to pay on physical person and the individual entrepreneur functioning on the basis of the patent cannot exceed hundred indicators for calculations, on the official - two hundred indicators for calculations, on the individual entrepreneur functioning on the basis of the certificate, three hundred indicators for calculations on the legal entity - one thousand indicators for calculations or two hundred percent from the amount of unpaid taxes and other obligatory payments if the Special part of this Code does not establish other size.

5. Administrative cases in which the size of penalties exceeds three hundred indicators for calculations except for of cases on administrative offenses in the field of the taxation and the antitrust law is considered by the judge.

6. The amount of administrative penalty is transferred into the republican budget.

Article 40. Administrative suspension of action of the license for implementation of certain type of activity

1. Administrative suspension of action of the license for implementation of certain type of activity provided by authorized state body to physical person or legal entity is applied for violation by the licensee of licensed requirements and conditions only in the cases provided by the relevant articles of the Special part of this Code.

2. The term of administrative suspension of action of the license for implementation of certain type of activity cannot be more than six months.

3. Administrative punishment in the form of suspension of action of the license for implementation of certain type of activity is appointed by licensed body.

Article 41. Deprivation of the license for implementation of certain type of activity

1. Deprivation of the license for implementation of certain type of activity provided by authorized state body or to physical person or legal entity is applied for systematic violation by the licensee of licensed requirements and conditions only in the cases provided by the relevant articles of the Special part of this Code.

2. Administrative punishment in the form of deprivation of action of the license for implementation by certain type of activity is imposed by the judge.

Article 42. Deprivation of the special right granted to physical person

1. Deprivation of the special right granted to physical person (the rights of control of vehicles, the rights of hunting, the right of storage, carrying firearms, the right to operation of radio-electronic means or high-frequency devices, right to use by the parcels of land, etc.) for making of administrative offense, is established and applied for rough or systematic abuse of regulations of use of this right, in the cases provided by Articles of the Special part of this Code. Term of deprivation of the special right is established for a period of two months up to ten years.

2. The decision on purpose of administrative punishment in the form of deprivation of the special right is made by the judge.

3. Deprivation of the special right in the form of the right of control of vehicles cannot be applied to persons who use these vehicles in connection with disability, or the vehicle is the main source of means of livelihood of person, except as specified drivings in state of intoxication, non-obedience to legal requirements of the police officer, and also unauthorized leaving of the place of the road accident which participants they are.

Article 43. Administrative suspension of certain type of activity

1. Administrative suspension of certain type of activity consists in the temporary termination of activities of the physical persons performing business activity without formation of legal entity, activities of legal entities, their branches, representations, structural divisions, production sites, and also operation of aggregates, objects, buildings and constructions, implementation of separate types of activity, works, rendering services.

2. Administrative suspension of certain type of activity is applied in case of threat of life and to human health, emergence of epidemic, epizooty, infection (contamination) of quarantinable objects with quarantine objects, approaches of radiation accident or technogenic catastrophe, causing essential harm to condition and quality of the environment or in case of making of administrative offense in the field of drug trafficking, psychotropic substances and their precursors, production of ethyl alcohol, alcoholic and alcohol-containing, and also tobacco products and in other cases which are directly provided by the relevant articles of the Special part of this Code.

3. Administrative suspension of operations is established for a period of up to three months and is appointed competent authority only in cases and according to the procedure, provided by the relevant articles of the Special part of this Code.

4. The competent authority based on the petition of the physical, official or legal entity ahead of schedule stops execution of administrative punishment in the form of administrative suspension of certain type of activity if it is determined that the circumstances specified by parts one and the second this Article, which formed the basis for imposing of this administrative punishment are eliminated.

Article 44. Paid forced withdrawal of the subject which was the tool of making or direct object of administrative offense

1. Paid forced withdrawal of the subject which was the tool of making or direct object of administrative offense consists in its forced withdrawal and the subsequent realization with transfer of the realized sum to the former owner less selling expenses of the withdrawn subject.

2. The procedure for application of paid forced withdrawal and the list of the objects which are subject to withdrawal are established by this Code and other regulatory legal acts of the Republic of Tajikistan. Paid forced withdrawal is appointed only by the judge.

3. Paid forced withdrawal shall correspond to nature of committed administrative offense.

4. The property of the third party which does not belong to the offender is exposed to paid forced withdrawal only when it is proved that during its acquisition the third party was informed on intention of the offender.

Article 45. Confiscation of the subject which was the tool of making or direct object of administrative offense

1. Confiscation of the subject which was the tool of making or direct object of administrative offense consists in the forced non-paid address of this subject to property of the state. Confiscation of such subject is appointed only by the judge. Only the subject belonging on the property right to the offender is subject to confiscation if other is not provided by legal acts of the Republic of Tajikistan.

2. Confiscation shall correspond to nature of committed administrative offense.

3. Withdrawal from adverse possession of person who made administrative offense, tools of making or direct object of administrative offense is not confiscation:

- subject according to the legislation of the Republic of Tajikistan to return to their legal owner;

- the person withdrawn from civil circulation or being for other reasons in adverse possession who made administrative offense, and on this foundation of the state which is subject to the address to property or to destruction.

4. Subject, been the tool of making or direct object of administrative offense which does not belong to the offender, and is property of the third parties, except for administrative offenses in the field of the customs legislation, is exposed to confiscation only when it is proved that during their acquisition the third party was informed on the offense fact.

5. The procedure for application of confiscation and the list of the objects which are not subject to confiscation are established by this Code and other regulatory legal acts of the Republic of Tajikistan.

Article 46. Administrative expulsion from the territory of the Republic of Tajikistan foreign citizens and stateless persons

1. Administrative expulsion from the territory of the Republic of Tajikistan of foreign citizens and stateless persons as administrative punishment, consists in forced departure of foreign citizens and stateless persons from the territory of the Republic of Tajikistan in cases:

- if their acts (actions or failure to act) contradict interests of ensuring public and state security or protection of public order;

- if it is measure it is necessary for health protection and morality of the population, protection of the rights and legitimate interests of citizens of the Republic of Tajikistan and other persons;

- if they violated requirements of legal acts of the Republic of Tajikistan.

2. Administrative expulsion from the territory of the Republic of Tajikistan of foreign citizens and stateless persons is performed by forced and controlled movement of specified persons through Frontier of the Republic of Tajikistan out of limits of the Republic of Tajikistan in cases of violation of procedure for stay in the Republic of Tajikistan by them, and in cases, directly stipulated by the legislation the Republic of Tajikistan, by controlled independent departure of foreign citizens and stateless persons from the Republic of Tajikistan.

3. Administrative expulsion from the territory of the Republic of Tajikistan of foreign citizens and stateless persons is established as measure of administrative punishment concerning specified persons and imposed by the judge, and in case of making by the foreign citizen or stateless person of administrative offense in case of entry into the Republic of Tajikistan by authorized state body or the authorized officer.

Article 47. Administrative detention

1. Administrative detention as administrative punishment consists of short-term deprivation of person of freedom for making of administrative offense and forced attraction to socially useful work on conditions and according to the procedure, determined by the Government of the Republic of Tajikistan.

2. Administrative detention consists in content of the violator in the conditions of isolation from society, is appointed the judge and is established for a period of one up to fifteen days, and for violation of requirements of emergency rule for a period of up to thirty days.

3. Administrative detention is established and appointed only in exceptional cases for separate types of the administrative offenses which are directly provided by the relevant articles of the Special part of this Code and cannot be applied to expectant mothers, women raising children aged up to fourteen years, persons which did not reach eighteen-year age, disabled people of 1 and 2 groups, and also persons who reached retirement age.

4. The term of administrative detention joins administrative detention in time.

Chapter 5. Imposing of administrative punishment

Article 48. General rules of imposing of administrative punishment

1. Administrative punishment for making of administrative offense is applied in the limits set by this Code.

2. In case of application of administrative punishment to physical person nature of the administrative offense made by it, the identity of the guilty person, its property status, circumstances mitigating the administrative responsibility and circumstances aggravating the administrative responsibility are considered.

3. In case of application of administrative punishment to the official nature of the administrative offense made by it, the identity of the offender, the property and official capacity, circumstances mitigating the administrative responsibility and circumstances aggravating the administrative responsibility are considered.

4. In case of application of administrative punishment to the legal entity nature of the administrative offense made by it, the property and financial position of the legal entity, circumstances mitigating the administrative responsibility and circumstances aggravating the administrative responsibility are considered.

5. In the presence of the exceptional circumstances connected with the purposes and motives of act taking into account data on the perpetrator, and also its property and financial position of matters for the courts about administrative offenses imposing by judges of administrative punishment below the lowest limit provided by the relevant article of the Special part of this Code is allowed. The specified regulation is not applied to the administrative offenses provided by part of 1 Article 328, Article 332, parts 1 and 3 of Article 333, Article 334, part 2 satat 339, Articles 497-499, 577, parts 1 and 2 of Article 578, Article 579, part of 1 Article 585, Article 592, part of 1 Article 593, part of 1 Article 594, part of 1 Article 595, Articles 596 and 597 of this Code.

Article 49. The circumstances mitigating the administrative responsibility

1. The circumstances mitigating the administrative responsibility are:

- frank repentance of person who made administrative offense;

- the voluntary message person about the administrative offense made by it;

- prevention by the perpetrator of harmful effects of administrative offense, voluntary compensation of damage or elimination of damage suffered;

- making of administrative offense in condition of heat passion (affect), or in case of confluence of difficult personal, family or other circumstances;

- making of administrative offense by the minor;

- making of administrative offense by the expectant mother or woman having the juvenile child or person which is bringing up alone the child aged up to eighteen years;

- making of administrative offense under the influence of threat, coercions, or owing to job, material or other dependency;

- making of insignificant administrative offense for the first time;

- making of administrative offense in case of exceeding of limits of emergency, reasonable risk.

2. The judge, authorized state body, or the authorized officer considering case on administrative offense can acknowledge mitigating responsibility as well other circumstances which are not provided by this Code.

Article 50. The circumstances aggravating the administrative responsibility

1. The circumstances aggravating the administrative responsibility are recognized:

- continuation of delinquent behavior, despite requirements of representatives of that of persons about its termination;

- making of administrative offense group of persons;

- involvement in making of administrative offense of the minor;

- making of administrative offense in the conditions of natural disaster or in case of other force majeure;

- repeated making of homogeneous administrative offense within year if for making of the first administrative offense person was already exposed to administrative punishment on which term, stipulated in Article 53 of this Code did not expire;

- the making of administrative offense in state of intoxication caused by alcohol intake, drugs, the psychotropic or other stupefying substances.

The judge, authorized state body and the authorized officer imposing administrative punishment depending on nature of committed administrative offense can not recognize these circumstances aggravating.

2. The circumstances provided by part one of this Article cannot be considered as aggravating if the specified circumstances are provided in quality of sign of administrative offense by the relevant standards of Articles of the General part of this Code.

3. The list of the circumstances aggravating the administrative responsibility is exhaustive and other circumstances aggravating responsibility are established only by this Code.

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