LAW OF THE REPUBLIC OF TAJIKISTAN

of May 17, 2004 No. 41

About militia

This Law determines concept, the main directions, powers and the principles of activities of militia, its place of system of public authorities, obligations, the rights, procedure for acceptance to service in militia, responsibility, the state guarantees of legal and social protection, and also procedure financial, financially technical supply and supervision of activities of militia.

Chapter 1. General provisions

Article 1. Concept of militia

The militia is the state law enforcement agency, body of inquiry and pretrial investigation and is urged to protect rights and freedoms of man and citizen, public order, interests of society and state from criminal and other encroachments, and given the right of application of enforcement measures in the limits established by this Law and other laws.

Article 2. Legislation of the Republic of Tajikistan on militia

The legislation of the Republic of Tajikistan on militia is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Main activities of militia

The main activities of militia are:

- protection of life and health, rights, freedoms of man and citizen against illegal actions;

- prevention, control of offenses and other offenses;

- protection of public and state interests;

- ensuring public order and safety;

- disclosure and investigation of crimes, search of persons who committed crimes;

- protection of any patterns of ownership against criminal encroachments;

- implementation of legal promotion within, established by this Law and other laws of the Republic of Tajikistan, among citizens, officials, the companies, organizations and the organizations irrespective of patterns of ownership;

- traffic safety;

- application and execution of administrative punishments;

- implementation of immigration control within the powers, regulation of questions of stay of the refugees and persons who are looking for shelter.

Article 4. Principles of activities of militia

Activities of militia are based on the principles:

- legality;

- unities of system of bodies of militia and centralization of management of it;

- respect and observance of rights and freedoms of man and citizen;

- social justice and humanity;

- reserve, combination of public and secret methods and means of activities;

- one-man management;

- equalities of all before the law;

- communication with the population and accounting of public opinion in fight against crime;

- nonpartisanship.

Article 5. Activities of militia and right of citizens

The militia protects the rights and freedoms of each man and citizen irrespective of his nationality, the residence, nationality, race, floor, language, the relation to religion, political convictions, education, social and property status.

The police officer in all cases of restriction of the rights and freedoms of the citizen, foreign citizen and stateless person shall explain it the basis and occasion of such restriction, and also arising with respect thereto its rights and obligation.

The police officer provides right of defense and other rights of detainees and the detained persons, in necessary cases carries out their medicolegal survey, immediately reports about their detention to relatives, administration on place of employment or studies and within 24 hours - to the prosecutor, if necessary takes measures for rendering the pre-medical help, and also eliminates danger, life-threatening, to health or property, resulted from detention or detention of specified persons.

The militia has no right to collect, to store, use and distribute information on private life of person without its consent, except as specified, provided by this Law and other laws of the Republic of Tajikistan.

The militia shall provide to person access to the materials limiting its rights and freedoms if other is not stipulated by the legislation the Republic of Tajikistan.

Person considering that actions of bodies of militia or officials infringe its rights and freedoms has the right to address with the claim to actions of these bodies and officials to higher body of internal affairs, prosecutor's office or to court.

Restriction of the rights and freedoms of man and citizen, except as specified, provided by the law is forbidden.

Article 6. Participation of state bodies, public associations, companies, organizations and citizens in accomplishment of tasks of militia

The militia carries out the tasks assigned to it in interaction with state bodies, public associations, freelance employees of militia and citizens.

State bodies, the companies, organizations and the organizations irrespective of patterns of ownership, officials, public associations and citizens shall give to militia help in protection of public order and fight against crime.

For accomplishment of the tasks facing it, the militia can cooperate with law enforcement agencies of the Commonwealth of Independent States, the foreign states, the international law-enforcement organizations according to the procedure and on the conditions provided by this Law and international agreements of the Republic of Tajikistan.

For the purpose of the prevention and disclosure of crimes citizens can cooperate confidentially with bodies of militia in the procedure established by the legislation of the Republic of Tajikistan.

Forced involvement of citizens to cooperation with militia is forbidden.

Information about the citizens who gave or giving confidential help to militia can be announced only from their consent. In the presence of sufficient data about threat existence, to the specified citizens in connection with their participation in operational search activities, and also to members of their families or close relatives, bodies of militia shall take necessary measures for protection of life, health, honor, advantage and property of these persons, to establishment of sources of threats and involvement of guilty persons to responsibility.

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