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Ministry of Justice

Republic of Tajikistan

On July 25, 2013 No. 437

THE PROCEDURE CODE ABOUT ADMINISTRATIVE OFFENCES OF THE REPUBLIC OF TAJIKISTAN

of July 22, 2013 No. 975

(as amended on 29-01-2021)

Part I. General part

Section I. General provisions

Chapter I. General provisions
Article 1. Procedural legislation on administrative offenses of the Republic of Tajikistan

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

Article 2. Tasks of the procedural legislation on administrative offenses

1. Tasks of the procedural legislation on administrative offenses consist from:

- establishments of procedure, registration and proceedings about administrative offenses;

- protection of rights and freedoms of man and citizen;

- protection of legitimate interests of society, state and organizations, victims of administrative offenses;

- administrative prosecutions of person who made administrative offense;

- ensuring timely and correct hearing of cases about administrative offenses court and authorized state bodies (officials);

- observance of regulations of process on administrative offenses, in case of application of the legislation on administrative offenses;

- guarantees of protection of legitimate interests of participants of process on administrative offenses and other persons;

- establishments of procedure for execution of resolutions on purpose of administrative punishment and acts on application of interim measures of production on cases on administrative offenses.

2. Production on administrative offenses is directed to strengthening of legality and law and order, the prevention of administrative offenses, respect of the law, rights and freedoms of man and citizen and providing with court and authorized state bodies (officials) of fair treatment of cases on administrative offenses.

Article 3. Action of this Code in space

1. In the territory of the Republic of Tajikistan production on cases on administrative offenses is conducted according to this Code.

2. Provisions of this Code are applied also in case of proceedings about administrative offenses, committed on the air, ocean and river crafts which are in open waters or airspace outside the Republic of Tajikistan and operating under flag or with identification marks of the Republic of Tajikistan.

3. Application in the territory of the Republic of Tajikistan of the procedural legislation on administrative offenses of foreign state by bodies of investigation and courts of foreign state or, according to their order, relevant organs is allowed in cases if it is provided by the international legal acts recognized by Tajikistan.

Article 4. Action of this Code in time

Production on cases on administrative offenses is performed based on the law existing during production on the specified case.

Article 5. Basic concepts

The basic concepts which are used in this Code:

- participants of proceeedings about administrative offense - the bodies and persons performing administrative prosecution, and also person concerning whom case on administrative offense (the victim, the legal representative and the representative, the defender), and also the prosecutor, the expert, the specialist, the witness, the witness, the translator is processed;

- legal representatives are the parents, children, adoptive parents adopted, guardians, custodians of person against whom proceedings on administrative offense, or the victim are initiated;

- the representative of the legal entity - the employee of the company, organization and other organization acting based on the power of attorney or constituent documents of the legal entity;

- authorized state bodies (officials) - state bodies and their officials who according to this Code run and consider business on administrative offenses;

- the prosecutor is the Attorney-General of the Republic of Tajikistan, the Main military prosecutor, prosecutors of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, the transport prosecutor of Tajikistan, their deputies, heads of managements (departments) of the Prosecutor General's Office and their deputies, senior assistants and assistant attorneys general, the senior prosecutors and prosecutors of managements (departments), senior assistants and assistants to prosecutors of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, the transport prosecutor of Tajikistan, the senior prosecutors and prosecutors of departments of prosecutor's office of areas and prosecutors of areas, cities, military prosecutors of garrisons, prosecutors equated to them on supervision of execution of the laws in correctional facilities, their deputies, senior assistants and assistants performing activities within the competence;

- the chairman - the judge presiding over judicial session by joint or individual hearing of cases about administrative offenses;

- court - the judicial body entering judicial system of the Republic of Tajikistan and considering cases jointly or solely (The Supreme Court of the Republic of Tajikistan, the Supreme economic court of the Republic of Tajikistan, military courts, court of the Gorno-Badakhshan Autonomous Region, courts of areas, the city of Dushanbe, cities and areas, economic court of the Gorno-Badakhshan Autonomous Region, economic courts of areas and the city of Dushanbe);

- Trial Court - court, authorized to consider case on administrative offense in essence and to pass on it the first decision;

- court of cassation instance - the court considering case on administrative offense on claims and protests on the determination and the court order of the first instance which did not take legal effect;

- Supervisory Court - the court considering case on administrative offense on the claim, protest concerning the resolution or determination of the Trial Court which took legal effect or determination of court of cassation instance;

- the judge - the official designated or elected for justice implementation according to the procedure, established by the legislation of the Republic of Tajikistan;

- the resolution - the act adopted by court, authorized state bodies (officials) according to the procedure, established by this Code;

- determination - the court resolution adopted by Trial Court during legal procedure on the case of administrative offense and also the act adopted during review of the court resolutions which took legal effect by cassation and supervising courts except presidium of courts;

- administrative prosecution - the procedural activities performed by authorized state bodies (officials) for the purpose of determination of the act prohibited by the Code of the Republic of Tajikistan about administrative offenses and person who made it, attraction it to the administrative responsibility and also for ensuring application to such person of punishment or other enforcement powers;

- close relatives are the parents, children, adoptive parents adopted, brothers and sisters, grandfathers, grandmothers, grandsons, and also spouses;

- the defender (representative) - the person performing protection of the rights and legitimate interests of person who made administrative offense, (victim) in the course of conducting case on administrative offenses, and giving legal support by everything not prohibited by the law, means and methods.

Article 6. Prevention of administrative offenses

The court, authorized state bodies (officials) shall take measures for the prevention, identification and elimination of the reasons and conditions promoting making of administrative offenses, and also education of citizens in the spirit of consciousness and responsibility, strict observance and uniform execution of the laws.

Chapter 2.
Principles of the procedural legislation on administrative offenses of the Republic of Tajikistan
Article 7. Principles of the procedural legislation on administrative offenses of the Republic of Tajikistan

The procedural legislation on administrative offenses of the Republic of Tajikistan is based on the following principles:

- legality;

- judicial protection of the rights, freedoms and legitimate interests of the personality;

- equality before the law and court;

- protection of honor, advantage of the personality and goodwill;

- safety, in case of registration and conducting production on administrative offense;

- publicity of production on administrative offense;

- legal support of production on administrative offense;

- presumption of innocence;

- justice implementation;

- independence of judges;

- production language on cases on administrative offense.

Article 8. Principle of legality

1. The court, authorized state bodies (officials), in case of production and hearing of cases about administrative offenses shall apply and respect precisely and uniformly the rules of the Constitution of the Republic of Tajikistan, of this Code and other regulatory legal acts of the Republic of Tajikistan.

2. If the court, authorized state bodies (officials), when considering the case, determine that the applied regulation of the legislation infringes at constitutional rights and human freedoms, they shall suspend proceeedings and appeal to the Constitutional court of the Republic of Tajikistan about establishment of compliance of this regulation of the Constitution of the Republic of Tajikistan. On receipt of the resolution of the Constitutional court, proceeedings are resumed.

Article 9. Judicial protection of the rights, freedoms and legitimate interests of the personality

1. The right to judicial protection of the rights, freedoms and legitimate interests is guaranteed to each person. Each person can take a legal action for protection of the violated rights and require that its case was considered by the competent, independent and just trial founded according to the law.

2. The court, authorized state bodies (officials) shall provide protection of the rights, freedoms and legitimate interests of participants of administrative production, to create favorable conditions for its implementation, to take measures for satisfaction of legal requirements and petitions.

3. In case of causing by illegal actions of court, authorized state bodies (officials) of property harm to physical persons and legal entities, the court, authorized state bodies (officials) in whose production there is case on administrative offense, shall take measures for compensation of this harm.

4. The harm done to person when conducting case on administrative offense and production on it as a result of violation of its rights and freedoms, is subject to compensation according to provisions of this Code and other regulatory legal acts of the Republic of Tajikistan.

Article 10 Equality before the law and court

All are equal before the law and court. The state guarantees the rights and freedoms of everyone, irrespective of his nationality, race, floor, language, religion, political convictions, education, social and property status.

Article 11. Protection of honor, advantage and goodwill

1. When conducting proceeedings about administrative offense and its consideration, implementation of the actions and pronouncement of the decisions degrading honor and advantage of the personality, either discrediting goodwill, or creating threat for life and health of participants of production on administrative offense is forbidden.

2. The moral harm done to person in case of proceeedings about administrative offense by illegal actions of the judge, authorized state bodies (officials) is subject to compensation according to the legislation of the Republic of Tajikistan.

Article 12. Safety in case of registration and conducting administrative production

In the presence of reliable information that persons participating in administrative production, and also their close relatives are threatened with murder, violence, destruction either damage of property or other dangerous illegal actions, the judge authorized state bodies (officials) in the course of registration and conducting administrative production, within the powers, shall take stipulated by the legislation measures of the Republic of Tajikistan for protection of life, health, honor, advantage and property of these persons.

Article 13. Publicity of production on cases on administrative offenses

1. Maintaining about administrative offenses is performed publicly.

2. Discussion in the closed judicial session is performed on the cases about administrative offenses containing the data which are the state secrets and other cases provided by the law. Discussion in the closed judicial session is possible also in case of satisfaction of the petition of the persons participating in case referring to need of providing the commercial or protected by the law other secret, personal privacy or other circumstances when open discussion can interfere with the correct consideration of the case or lead to disclosure of the specified secret, or violation of the rights and legitimate interests of persons.

3. Persons participating in case and the other persons who are present at proceeding in open court have the right to fix in writing or with use of audio recording the course of legal procedure from the places taken by them. Use of means of photographing, audiovideo, radio - and TV broadcast of the course of judicial session are allowed only with the permission of the judge. Time of implementation of these actions can be limited by the chairman. These actions shall not disturb the course of legal procedure.

Article 14. Legal assistance when conducting administrative production

Everyone has the right to legal assistance in course of production on the case of administrative offense.

Article 15. Presumption of innocence

1. The physical person, the individual entrepreneur the official or legal entity against whom proceedings on administrative offense are initiated is considered innocent until his guilt in making of administrative offense is proved in the procedure provided by this Code and is established by the court order which took legal effect, authorized state bodies (officials) who considered case in limits of the powers.

2. Person brought to the administrative responsibility shall not prove the innocence.

3. Unremovable doubts in guilt of person brought to the administrative responsibility are interpreted in its advantage.

Article 16. Justice implementation

1. Jurisdiction of courts is performed according to the procedure, provided by this Code, and cannot be randomly changed.

2. The judgment on the case considered with cognizance violation to it or with exceeding of the powers or without regulations of this Code owing to what the principles specified in this Chapter, illegally were broken and is subject to cancellation.

3. The judgment is reviewed by superior court according to regulations of this Code.

Article 17. Independence of judges

1. Judges in the activities are independent and submit only to the Constitution and the law.

2. Intervention in activities of judges is forbidden.

Article 18. Production language on cases on administrative offenses

1. Production on cases on administrative offenses is conducted in state language.

2. The participants of production on cases on administrative offenses who are not knowing legal proceedings language have the right to make the statement, to give evidences, to declare petitions, to get acquainted with all case papers in native or other language which they know, according to the procedure, established by this Code are provided with translation service.

3. Procedural documents which according to this Code are handed to participants of administrative production by court are certified by authorized state bodies (officials) who constituted these documents as appropriate and are subject to transfer into language which they know.

Section II.
Production on cases on administrative offenses

Chapter 3.
Basic provisions
Article 19. General provisions of production on cases on administrative offenses and its tasks

1. Conducting production on cases on administrative offenses and their consideration is performed by judges, authorized state bodies (officials), authorized to consider cases on administrative offenses according to this Code.

2. Production on cases on administrative offenses, except as specified, stipulated in Article the 87th of this Code, shall be finished within no more than ten days from the moment of initiation of proceeedings about administrative offense.

3. Production tasks on cases on administrative offenses consist of permission of case according to the legislation, taking measures to elimination of the reasons and conditions promoting making of administrative offenses, education of citizens in the spirit of compliance with laws and strengthening of legality.

Article 20. The circumstances excluding production on cases on administrative offenses

Production on cases on administrative offenses cannot be begun, and the begun production is subject to the termination under the following circumstances:

- lack of event of administrative offense;

- lack of signs of structure of administrative offense, including not achievement by physical person at the time of making of illegal act (action or failure to act) of the age provided by the Code of the Republic of Tajikistan about administrative offenses for administrative prosecution or diminished responsibility of the physical person who made such act (action or failure to act);

- act (action or failure to act) of person is made in emergency condition;

- the publication of the act of amnesty if such act eliminates application of administrative punishment;

- cancellation of the law establishing the administrative responsibility;

- lapse of time of administrative prosecution;

- availability on the same fact of making of illegal act (action or failure to act) by person concerning whom proceeedings about administrative offense, judge's rulings, authorized state bodies (officials) about purpose of administrative punishment, or the resolution on diversion on administrative offense, or resolutions on initiation of legal proceedings are conducted;

- death physical or the official who made administrative offense;

- liquidation of the legal entity.

Article 21. Open hearing of cases about administrative offenses

1. Case on administrative offense is considered openly.

2. For the purpose of increase in educational role of proceeedings about administrative offense and preventions of making of administrative offenses this case can be considered directly on place of employment, study or accommodation of person who made administrative offense.

Article 22. Petitions

1. Participants of production on administrative offense have the right to declare petitions in written or oral form which are subject to obligatory consideration by the judge, authorized state bodies (officials) in whose production there is this case.

2. By results of consideration of the petition by the judge the decision on refusal or satisfaction on it in the form of determination, and authorized state bodies (officials) - in the form of the resolution is passed.

Article 23. Costs of production on the case of administrative offense

1. Costs of production on the case of administrative offense consist from:

- the amounts paid to witnesses, witnesses, specialists, experts, translators;

- the amounts spent for storage, transportation (transfer) and research of physical evidences.

2. In the cases provided by this Code, costs of production on the case of administrative offense concerning physical person are paid for the account of physical person.

3. Costs of production on the case of administrative offense, concerning the legal entity, except for the amounts paid to the translator are levied at the expense of the legal entity. The amounts paid to the translator in connection with consideration of the case about administrative offense concerning the legal entity, are paid for the account of the Government budget of the Republic of Tajikistan.

4. In the cases provided by this Code in case of suit abatement about administrative offense concerning physical persons and legal entities, costs of production on the case of administrative offense are paid for the account of the Government budget of the Republic of Tajikistan.

5. The size of costs of production on the case of administrative offense is determined based on the filed documents confirming availability and the sizes of the costs carried to costs.

6. The solution of the questions concerning costs of production on the case of administrative offense is reflected in the resolution on purpose of administrative punishment or suit abatement on administrative offense.

Article 24. Transfer of materials to prosecutor's office

If, when considering the case about administrative offense, the judge, authorized state bodies (officials) come to conclusion that actions of person who made illegal act contain actus reus signs, they stop proceeedings about administrative offense, and transfer materials to prosecutor's office, in the place of making of administrative offense.

Article 25. Calculation of terms

1. The terms established by this Code are estimated for hours, days, months and years. In calculation of terms, that hour and day which the current of term begins is not taken into consideration. This rule does not belong to calculation of terms of administrative detention. In case of calculation of term, it joins also time off.

2. In case of calculation of term for months or years, term expires in the corresponding day of the last month and if this month has no corresponding date, term terminates in the last day of this month. If the termination of term falls on non-working day, then the first is considered last afternoon of term, following it, the working day, except cases of calculation of term in case of administrative detention and administrative detention.

3. In case of administrative detention term is estimated from the moment of the actual application of this measure.

4. Term is not considered passed if the claim or other act are handed over before the expiration on mail, and for persons taken under administrative detention - if the claim or other document are handed over to administration of the place of execution of administrative detention before the expiration. Time of delivery of the claim or other documents for mail is determined by postage stamp, and time of their delivery of the place of execution of administrative detention to administration - by mark of office or officials of these organizations.

5. Observance of fixed term by the official is confirmed by the corresponding entry in procedural documents. Receipt of the documents which are subject to delivery to participants of administrative production is confirmed by their receipt filed.

Chapter 4.
Rights and obligations of participants of case on administrative offense
Article 26. The rights and obligations of person concerning whom proceeedings about administrative offense are conducted

1. Person concerning whom case on administrative offense is processed has the right to study all case papers, to offer explanations, to produce the evidence, to declare petitions and branches, to use legal aid of the defender, to act in the native language and to use translation service if does not know language in which production is conducted, to appeal the resolution on case, and also to have other procedural law according to this Code.

2. Case on administrative offense is considered in the presence of person concerning whom case is processed. In the absence of the specified person case can be considered only in cases when there are data on the proper and timely notice of person on the place and time of consideration of the case and if from it the petition for adjournment of consideration of the case did not arrive or if such petition is rejected.

3. The judge, authorized state bodies (officials) considering case on administrative offense has the right to recognize necessary obligatory participation when considering the case person concerning which case on administrative offense is processed. When considering the case about the administrative offense attracting administrative punishment in the form of administrative detention or administrative expulsion out of limits of the Republic of Tajikistan of the foreign citizen or the stateless person, participation of person concerning which case on administrative offense is processed is obligatory.

4. In case of evasion of person against which proceedings on administrative offense, from appearance on challenge of the judge, authorized state bodies (officials) are initiated, according to this Code the measure of its forced drive is applied.

Article 27. Legal representatives

1. Protection of the rights and legitimate interests of physical person concerning which case on administrative offense, or the legal representative of the injured physical person who is the minor, or on the physical or mental condition deprived of opportunity independently to exercise the rights is processed is performed by his legal representatives.

2. Family relations or appropriate authority of persons who are legal representatives of physical person to be confirmed by documents, stipulated by the legislation the Republic of Tajikistan.

3. Legal representatives of physical person and the victim have the rights and perform the duties provided in the relation of persons acting as their representatives according to this Code.

4. When considering the case about the administrative offense made by the minor, participation of his legal representative is obligatory. In case of evasion from appearance, the legal representative of the minor can be subjected to the drive according to this Code.

Article 28. Representatives of the legal entity

1. Protection of the rights and legitimate interests of the legal entity concerning whom case on administrative offense is processed or the legal entity recognized as the victim is performed by his representatives.

2. Representatives of the legal entity according to this Code are his head, and also the other person recognized according to the law or constituent documents body of the legal entity. Powers of the representative of the legal entity are confirmed by the documents certifying his official position.

3. Case on administrative offense concerning the legal entity who made administrative offense is considered with participation of his legal representative or defender. In the absence of specified persons consideration of the case can be considered only in cases if there are data on the timely and proper notice of these persons on the place and time of consideration of the case or if they did not declare the petition for adjournment of consideration of the case or if such petition was rejected.

4. When considering the case about administrative offense, concerning the legal entity who made administrative offense, the judge, authorized state bodies (officials) in which production there is it put, had the right to recognize necessary compulsory attendance of the representative of the legal entity.

5. In case of evasion of the representative of the legal entity from appearance, he is exposed to the forced drive law-enforcement bodies according to this Code based on determination of the judge, the resolution of authorized state bodies (officials) in which production there is case on administrative offense.

Article 29. Defender and representative

1. For rendering legal aid to person concerning which case on administrative offense is processed the defender, and for rendering legal aid to the victim - the representative can participate in proceeedings about administrative offense.

2. As the defender or the representative the defender or the other person is allowed to participation in proceeedings about administrative offense.

3. Powers of the defender or the other person giving legal aid prove to be true according to the legislation of the Republic of Tajikistan.

4. The defender and the representative are allowed to participation in proceeedings about administrative offense, from the moment of creation of the protocol on administrative offense. In case of administrative detention of physical person in connection with administrative offense, the defender is allowed to participation in proceeedings about administrative offense from the moment of administrative detention.

5. The defender and the representative allowed to participation in proceeedings about the administrative offense having the right to study all case papers, to produce the evidence, to declare petitions and branches, to be involved in consideration of the case, to appeal application of measures of ensuring proceeedings, and to have other procedural law according to this Code.

6. Participation of the defender in production on cases on administrative offenses is obligatory if:

- person concerning whom case on administrative offense is processed declares the petition it;

- person concerning whom case on administrative offense is processed is minor;

- person concerning whom case on administrative offense is processed owing to physical or mental defects cannot independently perform the right of defense;

- person concerning whom case on administrative offense is processed does not know language in which production is conducted.

Article 30. Victim

1. The victim is the physical person or legal entity to which as a result of making of administrative offense physical, material or moral harm is done.

2. The victim according to this Code has the right to study all case papers about administrative offense, to offer explanations, to produce the evidence, to declare petitions and branches, to use legal aid, to appeal the accepted resolution, to have other procedural law.

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