of July 25, 2005 No. 100
About fight against corruption
This Law is directed to protection of rights and freedoms of man and citizen, interests of society, ensuring national security, moral functioning of public authorities, honesty and impartiality in public service, establishes organizationally - the legal basis of the prevention, identification, disclosure and elimination of effects of the offenses connected with corruption, accountability of persons determines types of the offenses connected with corruption and measures of responsibility for their making.
In this Law the following basic concepts are used:
- corruption - act (action or failure to act) made by the persons authorized on accomplishment of the state functions or equated to them by persons with use of the provision and the related opportunities for illegal receipt of the material and non-material benefits, benefits and other privileges in own favor or for benefit of other persons and also the promise, the offer or provision to specified persons of these benefits, benefits and other privileges for the purpose of their inducement or remuneration for making of such acts (action or failure to act) for benefit of physical persons or legal entities;
- anti-corruption - activities of public authorities, local authorities of the government and self-government institutions of settlements and villages, institutes of civil society, the organizations, irrespective of pattern of ownership, within the powers and functions, and also physical persons according to the prevention of corruption, including on identification and elimination of the reasons of corruption (corruption prevention), on identification, disclosure, suppression and investigation of corruption offenses (fight against corruption), on minimization and elimination of effects of corruption offenses, on rendering assistance in the prevention, identification, disclosure, suppression and investigation of corruption offenses;
- use of provision or the related opportunities single, repeated or systematic use of the office powers or abuse of position, and also adjustment of stable relation between one or several persons authorized on accomplishment of the state functions, or equated to them by persons with other persons or groups for the purpose of specified in paragraph one of this Article, the states menacing to interests and societies;
- the offenses connected with corruption - the conditions for corruption, the administrative offenses connected with corruption and also the crimes of corruption nature attracting the disciplinary, administrative, criminal and civil legal responsibility established by the law established by this Law and other laws of offense, creating;
- subjects of the offenses connected with corruption - the designated or elected person performing constantly, temporarily or on special power of function of the representative of the government that is allocated according to the procedure, established by the legislation of the Republic of Tajikistan, administrative powers concerning persons who are not under its office supervision, and is equal person which is carrying out on paid or non-paid basis organizational and administrative, administrative functions in public authorities, public institutions and self-government institutions of settlements and villages and also in the state business entities and other subjects of managing in whom the share of the state constitutes at least a half;
- No. 1386 is excluded according to the Law of the Republic of Tajikistan of 24.02.2017
- persons equated to subjects of the offenses connected with corruption - the officials of foreign states and the international organizations having relations with state bodies, officials, physical persons and legal entities of the Republic of Tajikistan;
- the state functions - the tasks carried by the Constitution of the Republic of Tajikistan, other regulatory legal acts of the Republic of Tajikistan to powers of the state, its bodies and persons holding the state positions;
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