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Ministry of Justice

Republic of Tajikistan

On July 28, 2016 No. 64

LAW OF THE REPUBLIC OF TAJIKISTAN

of July 23, 2016 No. 1326

About international treaties of the Republic of Tajikistan

Accepted by the Resolution MH MOPT of May 27, 2016, No. 453

Approved by the Resolution MM MORT of July 15, 2016, No. 251

This Law determines procedure for the conclusion, ratification, organization, accession, registration, publication, accomplishment, denouncement and suspension of action of international treaties Tajikistan.

Chapter 1. General provisions

Article 1. Coverage of this Law

1. Operation of this Law extends concerning international treaties of the Republic of Tajikistan, irrespective of their nature (interstate, intergovernmental and interdepartmental) and names (the agreement, the agreement, the convention, the protocol, the pact, exchange of letters or notes at other international agreements), with foreign states and the international organizations.

2. Operation of this Law does not extend to the investment, concessionary and other agreements carrying is private - legal nature, and regulated by separate legal acts of the Republic of Tajikistan.

Article 2. Basic concepts

In this Law the following basic concepts are used:

- the international treaty Republic of Tajikistan (further - international treaties) - one of the international legal acts recognized by Tajikistan, concluded with foreign state (foreign states) or the international organization (the international organizations) in writing and regulated by international law irrespective of whether such agreement contains in one document or in several documents connected among themselves, and also irrespective of its specific name;

- the international organization - the interstate (intergovernmental) organization;

- initialing - preliminary signing of the agreed project of the international treaty or its separate regulations with indication of initials of representatives of the parties participating in negotiations, as a sign of approval of the text of the draft of the international treaty, or one of methods of establishment of authenticity of the text of the draft of the international treaty;

- powers - the right to the representation of the Republic of Tajikistan performed based on the decision of the official or authorized state body of the Republic of Tajikistan, which is properly drawn up by the document confirming powers of this person and handed to the party participating in negotiations, or depositary for the purpose of adoption of the text of the international treaty or establishment of its authenticity, signing of the international treaty, expression of consent of the Republic of Tajikistan to obligation for it the international treaty of making of other action relating to the agreement;

- the conclusion of the international treaty - the sequence of stages (legal acts) provided by this Law on forming of contents of the international treaty, adoption of its text and expression of consent of the Republic of Tajikistan to obligation of dm it the international treaty;

- signing - the stage of the conclusion of the international treaty or method of expression of consent to be bound by the Republic of Tajikistan for it the international treaty if the international treaty provides that signing has such force or is otherwise established the arrangement of the Republic of Tajikistan and other parties participating in negotiations that signing shall have such force, or intention of the Republic of Tajikistan to give to signing such force follows from powers of her representative and (or) was, is expressed during negotiations;

- interstate procedures - ratification or approval of the international treaty from Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan, the President of the Republic of Tajikistan, or the Government of the Republic of Tajikistan;

- ratification - method expression of consent of the Republic of Tajikistan from Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan on obligation of the international treaty provided in this Law or in the most international treaty, and signed by her authorized representative;

- approval - method of expression of consent of the Republic of Tajikistan to obligation of the international treaty signed by her authorized representative, and providing different way of its additional approval by the President and the Government of the Republic of Tajikistan in addition to its signing;

- accession - method of expression of consent of the Republic of Tajikistan to obligation of the become effective international treaty which is not signed by her plenipotentiary;

- the clause - the unilateral statement in any formulation and under any name, this state or the international organization stated by the state or the international organization during the signing, ratification, approval of the multi-lateral international treaty or accession to it, by means of which wishes to exclude or change legal, action of certain provisions of the international treaty in their application to this state or to this international organization;

- denouncement - properly drawn up refusal of the Republic of Tajikistan of the international treaty signed by it and one of methods of cancellation of the international treaty;

- depositary - the state, the international organization or its leading executive official who checks the original of the international treaty and who perform the functions provided by rules of international law concerning this International treaty;

- The state register of international treaties of the Republic of Tajikistan - the single state system of registration, accounting and storage of international treaties of the Republic of Tajikistan containing originals and officially the copies of international treaties certified by depositary, their details and other information of information nature about them.

Article 3. Legislation of the Republic of Tajikistan on international treaties

The legislation of the Republic of Tajikistan on international treaties 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.

Chapter 2. Procedure for the conclusion of international treaties

Article 4. Approval and legal examination of international treaties which participant the Republic of Tajikistan, and also drafts of international treaties intends to become

1. The international agreements which participant the Republic of Tajikistan, and also drafts of international treaties intends to become are subject to approval of the Ministry of Foreign Affairs of the Republic of Tajikistan.

2. The Ministry of Foreign Affairs of the Republic of Tajikistan draws the conclusions about foreign policy feasibility of the conclusion of international treaties.

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