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CONSTITUTIONAL LAW OF THE REPUBLIC OF TAJIKISTAN

of July 25, 2005 No. 107

About bodies of prosecutor's office of the Republic of Tajikistan

(as amended on 29-01-2021)

Chapter 1. General provisions

Article 1. Prosecutor's office of the Republic of Tajikistan

Prosecutor's office of the Republic of Tajikistan - the single centralized body exercising within the powers supervision of exact observance and uniform execution of the laws in the territory of the Republic of Tajikistan.

The prosecutor's office of the Republic of Tajikistan performs also other functions provided by the Constitution of the Republic of Tajikistan, this Constitutional law and other laws of the Republic of Tajikistan.

Article 2. Basic concepts

In this Constitutional law the following basic concepts are used:

- the prosecutor is the Attorney-General of the Republic of Tajikistan, his first deputy and deputies, the Main military prosecutor of Tajikistan, prosecutors of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, the transport prosecutor of Tajikistan, their first deputy and deputies, heads of managements (departments), their first deputy and 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, prosecutors of the cities, areas and prosecutors equated to them which transport prosecutors, military prosecutors of garrisons and prosecutors on supervision of execution of the laws in organizations of execution of the punishment, their first deputies and deputies, their senior assistants and assistants are, the senior prosecutors-criminalists and prosecutors-criminalists performing activities within the competence;

- employees of prosecutor's office prosecutors and investigators, and also other employees of bodies and scientific educational institutions of prosecutor's office, the having class ranks (military ranks).

Article 3. Legislation of the Republic of Tajikistan on bodies of prosecutor's office of the Republic of Tajikistan

The legislation of the Republic of Tajikistan on bodies of prosecutor's office of the Republic of Tajikistan is based on the Constitution of the Republic of Tajikistan and consists of this constitutional Law, other regulatory legal acts of the Republic of Tajikistan and the international legal acts recognized by Tajikistan.

Article 4. Tasks of bodies of prosecutor's office

Tasks of bodies of prosecutor's office consist of ensuring rule of law, strengthening of legality and law and order for the purpose of protection:

- sovereignty, state independence, territorial integrity and immunity of the territory of the Republic of Tajikistan;

- social, economic, political and other rights and freedoms of man and citizen;

- bases of democratic system of the government, legal status of local authorities of the government, self-government institutions of settlements and villages, other state bodies, public and religious associations, political parties and other non-state structures.

Bodies of prosecutor's office determine procedure, methods and methods of carrying out the analysis of corruption risks in these bodies and put them into practice.

Accomplishment of functions, not stipulated by the legislation the Republic of Tajikistan cannot be assigned to prosecutor's offices.

Article 5. Main activities of bodies of prosecutor's office

The main activities of bodies of prosecutor's office are:

- supervision of exact observance and uniform execution of the laws by the ministries, the state committees and other departments of the Republic of Tajikistan, local authorities of the government, self-government institutions of settlements and villages, bodies of military management, control facilities, banks, the companies, organizations, public and religious associations, political parties and other associations, irrespective of their subordination, accessory and patterns of ownership, their officials, and also behind compliance to the laws of the legal acts published by them;

- supervision of observance of rights and freedoms of man and citizen, the recognized supreme value, all structures and officials specified in the first paragraph of this Article;

- supervision of observance and execution of the laws by the bodies conducting fight against crime and other offenses, and also the bodies performing operational search activities, inquiry and pretrial investigation;

- protection of rights and freedoms of man and citizen, state interests, different forms of the state-owned and non-state property in legal procedure;

- supervision of observance and execution of the laws in places of content of the detainees, pre-trial detention, execution of the punishment and other measures of forced nature appointed by court;

- supervision of compliance with laws in case of execution of judgments by contractors of body of execution and other competent authorities;

- investigation of crimes;

- development of measures for prevention of crimes, fight against corruption, terrorism, extremism and other offenses together with other state bodies, participation in work on enhancement and explanation of the laws;

- coordination of activities of law enforcement agencies for fight against crime and its prevention, and other offenses;

- participation in hearing of cases by courts;

- expression of protest, submission of claims and statements concerning orders, decisions, sentences, determinations and resolutions of the courts contradicting the law.

The prosecutor's office according to the legislation of the Republic of Tajikistan within the powers can be effective in other directions where public prosecutor's supervision is necessary.

Article 6. Principles of the organization and activities of bodies of prosecutor's office

Bodies of prosecutor's office of the Republic of Tajikistan:

- the single centralized system headed by the Attorney-General of the Republic of Tajikistan with subordination of subordinate prosecutors higher and to the Attorney-General;

- within the competence protect human rights and freedoms and citizens, provide their equality before the law, irrespective of nationality, race, floor, language, religion, political convictions, social and property status, education and other beliefs;

- are effective publicly in that measure in what it does not contradict the law, the rights and freedoms of citizens, interests of preserving the state and protected by the law other secret, inform state bodies and managements, the public on legality condition, measures for its strengthening;

- take measures for timely identification and elimination of any offenses from whoever these violations proceeded, on recovery of the violated rights and involvement of guilty persons to the responsibility established by the law;

- perform the powers on the basis of the Constitution of the Republic of Tajikistan, this Constitutional law, the laws of the Republic of Tajikistan, other regulatory legal acts of the Republic of Tajikistan, and also regulations of the Attorney-General of the Republic of Tajikistan adopted within its competence.

Article 7. Non-interference to activities of prosecutor's office

Intervention of state bodies, public and religious associations, political parties and other associations, mass media and their representatives, and also officials in activities of prosecutor's office for implementation of supervision of execution of the laws, for investigation of crimes and other offenses is forbidden.

Impact by all means on prosecutors with the purpose to prevent implementation of office activities or pressure for the purpose of adoption of the illegal decision involves the responsibility provided by the law.

Criminal cases and cases on administrative offenses concerning prosecutors and investigators of bodies of prosecutor's office are initiated by the Attorney-General of the Republic of Tajikistan, on crimes and administrative offenses of corruption nature, also the director of the Agency on the state financial control and fight against corruption of the Republic of Tajikistan.

Detention, the forced drive, personal search of prosecutors and investigators of bodies of prosecutor's office, examination of their things used by them vehicles and means of communication during their detention in case of crime execution are performed according to the procedure, established by the legislation of the Republic of Tajikistan.

Prosecutors and investigators shall not make explanations on the substance of the cases and materials which are in their production, to represent them for acquaintance, except as specified and about, stipulated by the legislation, and also in cases of conducting checks at the request of Majlisi milli of Majlisi Oli of the Republic of Tajikistan and the President of the Republic of Tajikistan.

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