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THE CODE OF THE REPUBLIC OF TAJIKISTAN ABOUT ADMINISTRATIVE OFFENCES

of December 31, 2008

(The last edition from 02-01-2019)

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.

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