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Ministry of Justice

Republic of Tajikistan

  On April 14, 2017 No. 21

PRESIDENTIAL DECREE OF THE REPUBLIC OF TAJIKISTAN

of April 12, 2017 No. 868

About Regulations on procedure for consideration of questions of citizenship of the Republic of Tajikistan

According to Article 31 of the constitutional Law of the Republic of Tajikistan "About citizenship of the Republic of Tajikistan" and article 51 of the Law of the Republic of Tajikistan "About regulatory legal acts" I decide:

1. Approve Regulations on procedure for consideration of questions of citizenship of the Republic of Tajikistan it (is applied).

2. Declare invalid the presidential decree of the Republic of Tajikistan of November 21, 1996, No. 611 "About approval of the Regulations on procedure for consideration of questions of citizenship of the Republic of Tajikistan".

President of the Republic of Tajikistan
Emomalii Rahmon

Approved by the Presidential decree of the Republic of Tajikistan of April 12, 2017 No. 868

Regulations on procedure for consideration of questions of citizenship of the Republic of Tajikistan

1. General provisions

1. This Provision establishes procedure for registration, giving, acceptance and consideration of petitions concerning citizenship of the Republic of Tajikistan, ideas of loss of citizenship of the Republic of Tajikistan, acceptance, execution and cancellation of decisions concerning citizenship of the Republic of Tajikistan, and also determination of belonging of person to citizenship of the Republic of Tajikistan and the list of the documents certifying citizenship of the Republic of Tajikistan.

2. The questions connected with citizenship of the Republic of Tajikistan are considered according to the Constitution of the Republic of Tajikistan, the constitutional Law of the Republic of Tajikistan "About citizenship of the Republic of Tajikistan" (further - the constitutional Law), the international legal acts recognized by Tajikistan, other regulatory legal acts of the Republic of Tajikistan, and also this Provision.

3. Other procedure for acquisition and termination of citizenship of the Republic of Tajikistan can be provided by international treaties of Tajikistan.

2. Procedure for registration, giving and adoption of petitions concerning citizenship of the Republic of Tajikistan

§1. General rules of registration, giving and adoption of petitions concerning citizenship of the Republic of Tajikistan

4. Petitions concerning citizenship of the Republic of Tajikistan move the capable persons which reached eighteen-year age, according to the procedure, established article 35 of the constitutional Law. Petitions for change of nationality of children and incapacitated persons move parents, guardians or custodians, and/or heads of organizations in whom there are children or incapacitated persons who in the territory of the Republic of Tajikistan shall be notarized, and outside the Republic of Tajikistan - diplomatic representations or consular establishments of the Republic of Tajikistan abroad.

5. Acceptance of petitions of persons who are constantly living in the territory of the Republic of Tajikistan depending on the residence of petitioning, is performed by Passport and registration service of the Ministry of Internal Affairs of the Republic of Tajikistan and its zone units (further - law-enforcement bodies).

6. Acceptance of petitions of persons who are constantly living outside the Republic of Tajikistan is performed by diplomatic representations and consular establishments of the Republic of Tajikistan abroad (further - bodies of foreign affairs). If in the state of permanent residence of person wishing to address with the petition there is no diplomatic representation, such petitions are taken cognizance in the nearest diplomatic representation.

7. The petition is constituted in state language in the form corresponding to the specific bases of acquisition or termination of citizenship of the Republic of Tajikistan. In exceptional cases it is possible to provide the petition in the English and Russian languages with ensuring transfer in state language.

8. For consideration and issue of documents on acquisition of citizenship of the Republic of Tajikistan and the termination of citizenship of the Republic of Tajikistan the state fee and the consular fees in sizes and procedure, established by the legislation of the Republic of Tajikistan are collected.

9. In case of submission of the petition in law-enforcement body or body of foreign affairs, petitioning the identity documents confirming availability or lack of nationality of other state and the place of its permanent residence shall be shown. Petitions of person proving his identity and nationality the document issued in connection with its office or professional activity, including the service passport and the diplomatic passport are not taken cognizance.

10. In case of change petitioning surnames, name and (or) middle name, the document testimonial of such changes is submitted.

11. The official of law-enforcement body or body of foreign affairs shall find out the purpose of his nationality petitioning for change and nationality of his minor children, to explain its consequences and to suggest it to specify in the petition that he is warned about such consequences.

12. In case of change of nationality of the child aged from fourteen up to eighteen years, its written consent is submitted. It is agreed in any form and certified by the notary.

13. The necessary documents provided by this Provision are attached to petitions. The submitted documents shall be translated into state language. Correctness of the translation of documents is certified by the notary. The documents issued by competent authority of foreign state for recognition their valid in the Republic of Tajikistan shall be legalized or on them the apostille shall be put down if other is not provided by the international treaties recognized by Tajikistan.

14. Identity documents, and also the documents issued by the bodies registering acts of civil status return to petitioning. Their copies which compliance to originals is certified by the signature of the official and seal of law-enforcement body or body of foreign affairs join the petition.

15. The petition shall be signed personally petitioning with indication of date of creation. In case of submission of the petition by person which owing to physical defects, the disease, on illiteracy or for any other reasons cannot undersign with own hand for the petition, according to its order at its presence and presence of the official accepting the petition the mark "It Is Impossible to Undersign" is made. In the petition the official makes record about the reasons owing to which the document could not be signed petitioning with own hand.

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