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Ministry of Justice

Republic of Tajikistan

 On May 13, 2013 No. 319

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of May 2, 2013 No. 213

About the Procedure for rendering assistance to persons which are subject to the state protection in change of permanent or temporary place of employment (service) or study

(as amended of the Order of the Government of the Republic of Tajikistan of 10.02.2016 No. 66)

According to article 11 of the Law of the Republic of Tajikistan "About the state protection of participants of criminal trial" the Government of the Republic of Tajikistan decides:

1. Approve the enclosed Procedure for rendering assistance to persons which are subject to the state protection in change of permanent or temporary place of employment (service) or study.

2. To the Ministry of Internal Affairs of the Republic of Tajikistan, the Ministry of Justice of the Republic of Tajikistan, the Ministry of Defence of the Republic of Tajikistan, the Ministry of Education and Science of the Republic of Tajikistan, the Ministry of Labour, migration and employment of the population of the Republic of Tajikistan, the State committee of homeland security of the Republic of Tajikistan, Agency on the state financial control and fight against corruption of the Republic of Tajikistan, Agency on control of drugs in case of the President of the Republic of Tajikistan, to local executive bodies of the government to provide implementation of the necessary actions connected with rendering assistance to persons which are subject to the state protection in change of permanent or temporary place of employment (service) or study.

3. Financing also is material - technical supply of the actions connected with implementation of this resolution are performed at the expense of means of republican and local budgets of all levels and other financial sources, stipulated by the legislation the Republic of Tajikistan.

4. To the Ministry of Internal Affairs of the Republic of Tajikistan, the Ministry of Justice of the Republic of Tajikistan, the Ministry of Defence of the Republic of Tajikistan, the Ministry of Education and Science of the Republic of Tajikistan, the Ministry of Labour, migration and employment of the population of the Republic of Tajikistan, the State committee of homeland security of the Republic of Tajikistan, Agency on the state financial control and fight against corruption of the Republic of Tajikistan, Agency on control of drugs in case of the President of the Republic of Tajikistan and to local executive bodies of the government when planning perspective medium-term costs for the corresponding year to provide necessary means for realization of provisions of this resolution in the account estimates.

5. To the relevant ministries and departments by results of the annual activities connected with execution of this resolution annually till February 1 of the accounting period to provide the detailed information to the coordinating body of activities of law enforcement agencies for implementation of the state protection of participants of criminal trial.

6. To the relevant ministries and departments, local executive bodies of the government to bring the decisions into accord with this resolution.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of May 2, 2013, No. 213

Procedure for rendering assistance to persons which are subject to the state protection in change of permanent or temporary place of employment (service) or study

1. This Procedure developed according to article 11 of the Law of the Republic of Tajikistan "About the state protection of participants of criminal trial" (further - the Law), regulates application concerning persons which are subject to the state protection (protected persons hereinafter are referred to as further) as one of security measures for rendering assistance in change of permanent or temporary place of employment (service) or the study arising in connection with their participation in criminal trial and consideration of the applications (messages) on crimes by the state bodies authorized on that.

2. The listed security measures are performed by law-enforcement bodies of the Republic of Tajikistan, the Ministry of Justice of the Republic of Tajikistan, the Ministry of Defence of the Republic of Tajikistan, the Ministry of Education and Science of the Republic of Tajikistan, the Ministry of Labour, migration and employment of the population of the Republic of Tajikistan, the State committee of homeland security of the Republic of Tajikistan, Agency on control of drug trafficking in case of the President of the Republic of Tajikistan, Agency on the state financial control and fight against corruption of the Republic of Tajikistan and other state bodies to whom according to the legislation of the Republic of Tajikistan implementation of separate security measures is assigned (further - the bodies performing security measures).

3. Change of permanent or temporary place of employment (service) or study as security measure is applied according to article 11 of the Law, the body performing security measures on criminal cases about heavy and especially serious crimes, and also on the crimes which are significantly important for application of measure of the state protection for the purpose of protection of life and health of the protected person.

4. The body performing security measures as security measure renders assistance in matching and the device on temporary or permanent (suitable for the protected person) place of employment (services) or studies, equivalent, similar former, with involvement of bodies of employment of the population, educational bodies and local executive bodies of the government.

5. Change of place of employment (service) is performed according to the labor law of the Republic of Tajikistan, the legislation on public service of the Republic of Tajikistan with provision of the corresponding equivalent position or other position in the specialty with preserving the working (insurance) life granting pension entitlement.

6. Change of the place of study is performed according to the legislation of the Republic of Tajikistan on education, on compulsory secondary, higher and other postgraduate professional education.

7. In case of the device of the protected person on temporary place of employment (services) or studies behind it the right to recovery still to place of employment (service) or study remains.

8. Reason and the basis for application for the protected person of the specified security measure are:

- statement of the participant of criminal trial;

- the statement (reference) of person which is under consideration of the body performing operational search activities in connection with crime execution;

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