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Contract between the Russian Federation and Republic of Tajikistan on settlement of double citizenship

of September 7, 1995

The Russian Federation and the Republic of Tajikistan which are hereinafter referred to as with the Parties

for the purpose of further development of friendship between them in the spirit of respect of sovereignty, independence and equality, on the basis of non-interference to internal affairs of each other,

aiming at fair and humane settlement, connected with double citizenship,

agreed as follows:

Article 1.

1. Each of the Parties recognizes the right to acquire for the citizens, without losing her nationality, nationality of other Party.

2. Acquisition by the citizen of one Party of nationality of other Party is performed based on free declaration of will of the citizen on conditions and according to the procedure, established by the legislation of the Party which nationality is acquired.

3. The person having nationality of both Parties and constantly living in the territory of one of the Parties shall observe the Constitution and the laws, to respect traditions and customs of the Party of permanent residence.

4. The person having nationality of both Parties and constantly living in the territory of one of the Parties, being in the territory of other Party, shall observe the Constitution and the laws, to respect traditions and customs of this Party.

5. If the face which is consisting in nationality of both Parties and constantly living in the territory of one of them moves for permanent residence to the territory of other Party, then such person performs the rights and obligations following from nationality of this other Party from the moment of acquisition of the status which is constantly living in its territory by it.

Article 2.

Citizens of one Party who before entry into force of this Agreement obtained at their request citizenship of other Party without loss of former nationality keep nationality of both Parties.

Article 3.

1. The face which is consisting in nationality of both Parties, constantly living in the territory of one of the Parties in full has the rights and freedoms, and also performs duties of the citizen of that Party in the territory of which it constantly lives.

2. Without prejudice to provisions of this agreement the face consisting in nationality of both Parties cannot perform at the same time the rights and obligations following from nationality of both Parties.

3. Social security, education, medical attendance of faces consisting in nationality of both Parties is made according to the legislation of the Party in the territory of which they constantly live if other is not provided by the relevant agreements between the Parties.

Provisions of this Item do not cause damage to the right of any Party to grant the rights and privileges in the field of social security to the persons who are citizens of both Parties and living in the territory of other Party.

4. If the special agreement of the Parties does not provide other, to the faces which are consisting in nationality of both Parties and subject to execution of conscription (military accounting, preparation for military service, revenues to military service, passing of military service, stay in inventory (reserve) and military training in wartime), following provisions are applied:

a) such persons pass military service according to the legislation of the Party in the territory of which they constantly live at the time of appeal;

b) persons which passed military service according to the legislation of one Party are not subject to conscription according to the legislation of other Party, and passing of military service according to the legislation of one Party is considered as execution of the corresponding conscription and in relation to other Party;

c) such persons which passed military service according to the legislation of one Party fulfill duties of the serviceman of inventory according to the legislation of this Party. In case of moving of such person for permanent residence on the territory of other Party execution of the specified obligations is performed by it according to its legislation.

Provisions of subitems and), b) and c) extend also to persons who passed military service before entry into force of this Agreement.

Application of provisions of this Item does not influence nationality of person.

The parties are not connected by provisions of this Item in case of mobilization.

The face which is consisting in nationality of both Parties and passed military service according to the legislation of one of them can pass military service under the contract in armed forces of any Party chosen by it.

Questions of training in military educational institutions of faces consisting in nationality of both Parties are regulated by the free standing agreement.

Article 4.

1. Children, each of parents of which consisted at the time of the child's birth in nationality of both Parties, acquire nationality of both Parties from the moment of the birth. Before achievement of 18-year age by these children their parents can choose by it nationality of one of the Parties by refusal of nationality of other Party in the form of the joint written statement.

If one of parents died or is deprived of the parent rights before achievement of 18-year age by the child, the option of nationality of the child remains for other parent.

If both parents acquire nationality of both Parties or they stop nationality of both Parties, nationality of the children who did not reach 18-year age respectively changes. If at both parents nationality of one Party stops and nationality of other Party remains (same for both parents), nationality of children up to 18 years respectively changes.

If at one of parents consisting in nationality of both Parties nationality of one of the Parties stops, that nationality of this Party for children up to 18 years is determined by the written agreement of parents.

Change of nationality of children aged from 14 up to 18 years is performed only from their written consent.

2. On reaching 18-year age the face consisting in nationality of both Parties can keep both nationalities or choose nationality of one of the Parties by refusal of nationality of other Party in the form of the written application about refusal of the nationality given within one year on reaching 18 years.

3. Provisions of Items 1 and 2 of this Article extend also to children, one of parents of which at the time of the birth of the child consisted in nationality of both Parties, and another was stateless person or is unknown, and also on the adopted children acquiring nationality of both Parties or losing this nationality from the moment of adoption.

4. The declaration of abandonment of nationality of one of the Parties according to Items 1 and 2 of this Article is submitted to authorized body of the Party which nationality stops. Authorized bodies depending on the place of permanent residence of the child are the law-enforcement bodies knowing cases on nationality, either diplomatic representation or consular establishment of the relevant Party.

Article 5.

The termination of nationality of each of the Parties at the faces consisting in nationality of both Parties is performed according to the legislation of the Party which nationality stops.

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