Law of The Republic of Tajikistan

and Constitutional Law

of Republic of Tajikistan on

a Referendum in Republic of Tajikistan

 

 

Chapter 1

General provisions

Article 1. Definition of referendum

in Republic of Tajikistan

Referendum in Republic of Tajikistan is a national voting on most important issues of state and public life.

Constitution of Republic of Tajikistan can be changed or added exclusively through a referendum.

Decisions made by Republican referendum have highest legal power, do not need to be confirmed in any way, and are mandatory for use throughout the territory of Tajikistan.

Article 2. Issues beyond referendum

in Republic of Tajikistan

In accordance with Article 100 of Constitution of Republic of Tajikistan, republican form of government, territorial integrity, democratic, legal, secular and social structure of the state are unchangeable and are not subject to solicitation by referendum in Republic of Tajikistan.

Republican referendum cannot decide issues of borders of Republic of Tajikistan, taxes, budget, administrative-territorial division, take emergency and urgent measures for protection of public order, health and security of population, changing status and territorial integrity of Mountain Badakhshan Autonomous Region, as well as issues related to appointing and dismissing on positions in competence of Majlisi Oli of Republic of Tajikistan, President of Republic of Tajikistan, and issues regarding fulfillment of obligations by international agreements of the Republic.

Article 3. Right of citizens of Republic of

Tajikistan for participation in referendum

Citizens of Republic of Tajikistan who had reached age of 18 and who have a right of vote in accordance with legislation of Republic of Tajikistan have a right to take part in referendum.

Persons who had been recognized by court as incapable or are in penitentiary institutions by decision of court do not have a right to take part in referendum.

Citizens of Republic of Tajikistan take part in referendum regardless of their origin, social and proprietary status, racial or ethnic belonging, sex, education, language, position towards religion, political outlooks, character and type of occupation.

Any direct or indirect restriction of right of citizens of Tajikistan for taking part in referendum is inadmissible and shall be prosecuted by law.

Article 4. General principles of

conducting referendum

Citizens shall take free, direct and personal part in referendum.

Voting at referendum shall be secret, control over expression of will of citizens shall not be allowed.

Citizens of Republic of Tajikistan shall take equal part in referendum at location of their permanent or temporary residence. Each citizen has one vote.

Article 5. Legislation on referendum and control

over its implementation

Legislation on referendum of Republic of Tajikistan consists of Constitution of Republic of Tajikistan, the present Constitutional Law, Constitutional Law "On elections to Majlisi Oli of Republic of Tajikistan" and other laws of Republic of Tajikistan that do not contradict the present Constitutional Law.

Article 6. Openness at preparing for

referendum

Openness and participation of public shall be ensured at preparation for and conducting of referendum.

Political parties, professional unions, other public associations registered in accordance with law, state and public organs taking part in organization and conducting referendum shall act openly, with observance of acting legislation of Republic of Tajikistan.

Political parties, professional unions, other public associations, labor collectives and individuals shall be guaranteed the right of free advocacy for or against the issue of the referendum.

Such advocacy shall be prohibited on the day of referendum.

All decisions related to referendum and issues of referendum shall be published through mass media within ten days of their adoption by Majlisi Oli of Republic of Tajikistan.

Mass media shall highlight preparations and course of referendum; their representatives shall be guaranteed free access to all meetings and sessions related to referendum and access to relevant information.

Commissions for referendum shall timely inform population of their composition, location, schedule of work, of forming election districts, and lists of citizens who have a right to take part in referendum.

Political parties, professional unions and other public associations, labor collectives, mass media, observers from other countries, international organizations have a right to delegate one representative to sessions of commissions for referendum, count of vote, to determination of results of referendum. Their mandates should be confirmed by appropriate documents.

Political parties, professional unions, other public associations, labor collectives shall inform district commissions for referendum of their representatives not later than five days prior to referendum.

Interference of above-defined representatives and observers in process of voting and work of commissions shall be prohibited. However, they have a right, upon permission of chairperson of commission for referendum, put forth questions and demand for their explanation, draw attention of members of commission and present public to violations of the present Constitutional Law.

Article 7. Material support for referendum

Expenditures, related to preparation and conducting referendum from the moment of adopting the decision on conducting it, shall be covered by state budget of Republic of Tajikistan.

State and public organizations, enterprises, institutions and organizations provide, free of charge, premises and equipment required for conducting referendum.

Chapter 2

Decision on referendum

Article 8. Right for deciding on referendum

Decision on conducting referendum in Republic of Tajikistan shall be made by Majlisi Oli of Republic of Tajikistan.

Article 9. Initiative on proposing referendum

in Republic of Tajikistan

Initiative on proposing referendum in Republic of Tajikistan belongs to:

Article 10. Procedure for use of right of

initiative for proposing referendum

Proposal for conducting referendum should contain the reason for referendum, clear definition of issues put forth at referendum, and signatures of not less than one-third of people’s deputies of Republic of Tajikistan.

Majlisi Oli of Republic of Tajikistan shall solicit the proposal on referendum within six months from the moment of receiving it.

Presidium of Majlisi Oli of Republic of Tajikistan, after conclusions by appropriate committees and permanent commissions of Majlisi Oli, enters the issue of referendum in the agenda of session of Majlisi Oli of RT.

Article 11. Resolution on proposal for

referendum

Majlisi Oli of RT has a right to make any of below decisions in regard of proposal for referendum, with consideration of conclusions of appropriate committees and permanent commissions:

  1. decide on referendum, its date and measures for conducting it;

  2. decline the proposal on referendum;

  3. adopt a law or make other decision proposed as alternative in proposal for referendum, without conducting referendum.

Decision on conducting referendum, except for cases defined in Article 12 of present Law shall be valid if more than half of total number of people’s deputies of RT voted for it.

Resolution of Majlisi Oli of RT on conducting referendum shall be published, together with issues of the referendum, within ten days from its adoption, in Republican press, radio and TV.

Article 12. Deciding on proposal for changes and additions in Constitution of

Republic of Tajikistan

Proposal on changes and additions in Constitution of RT shall be made by President or by not less than one-third of total number of people’s deputies of RT. Majlisi Oli shall solicit the proposals on changes and additions in Constitution of RT within six months after their reception by Majlisi Oli.

Resolution on accepting proposal on changes and additions in Constitution of RT shall be adopted if not less than two thirds of total number of people’s deputies vote for it. Resolution on referendum on changes and additions in Constitution of RT shall be adopted by not less than two-thirds of total number of people’s deputies of RT.

Proposals on changes and additions in Constitution of RT shall be published in press three months prior to referendum.

In case Majlisi Oli of RT declines proposal for changes and additions in Constitution of RT it can be renewed not earlier than in one year.

Article 13. Terms for referendum

Referendum cannot be held earlier than two months and later than four months from the date of adopting resolution on conducing it.

This term can be extended or changed only by Majlisi Oli of RT.

Chapter 3. Preparation for referendum

Article 14. Districts and stations for holding referendum

Districts for referendum shall be formed by Central Commission for Elections and Referendums (CCER), within districts, cities of Republican and regional subordination. Districts in city of Dushanbe shall be formed within districts of the city. In case the district is in administrative subordination to the city Majlis of people’s deputies the territory of the district and of the city that is its administrative center shall be united in one district.

Lists of districts with definition of their borders and location of district commissions shall be published by CCER within ten days after deciding on referendum.

Stations for referendum shall be formed by district commissions for referendum, by procedures and norms set in Article 9 of Law of RT "On elections to Majlisi Oli of RT".

In case referendum is held within two months stations for referendum shall be formed not later than within twenty five days after deciding on referendum.

In case referendum is held on the same day with elections to Majlisi Oli the election stations shall be also stations for referendum.

Article 15. Commissions for conducting

referendum

The following commissions shall be formed for conducting referendum in Republic of Tajikistan:

  1. Central Commission for Elections and Referendum;

  2. District commissions for conducting referendum;

  3. Local area commissions for referendum.

Authority of district and area commissions for referendum appear on the moment of their formation and expire after one month from the moment of publishing results of referendum.

Article 16. Formation of commissions for

referendum

Central Commission for Elections and Referendum (CEC) shall be formed as a permanent organ in accordance with Article 11 of Law of RT "On elections to Majlisi Oli of RT".

District commissions for referendum shall be formed by CEC not later than on twentieth day after making decision on referendum, consisting of chairman, deputy to chairman, secretary and not less than six members of commission.

Area commissions for referendum shall be formed by district commissions for referendum not later than on thirtieth day after deciding on referendum, consisting of 5-19 persons, including chairman, deputy chairman, secretary. In case the commission has up to 7 members the chairman and secretary shall be elected. If necessary, membership in the commission can be increased or reduced.

Functions of chairman of area commission for referendum at representations of RT abroad shall be performed by head of the representation.

Article 17. Authority of Central Commission for

Elections and Referendum

Central Commission for Election and Referendum shall:

  1. perform in the whole territory of the Republic control over implementation of the present Constitution Law and provides for its standard application; issue instructions within its authority and interprets the present Constitution Law;

  2. form districts for referendum;

  3. form district commissions for referendum and publish data on their location;

  4. provide guidance for work of commissions for referendum, determine procedure for replacement of their members, independently or by recommendation of Prosecutor General of RT cancel decisions of district commissions, in case these decisions contradict the present Constitution Law;

  5. resolve issues of assigning to districts for referendum of areas for referendum, formed beyond RT;

  6. distribute funds to district commissions for referendum, control provision of district commissions with premises, resolve other issues of material and technical procurement;

  7. determine forms of bulletins for referendum, lists of citizens entitled for participating in referendum, other documents for referendum, samples of boxes for voting and stamps of commissions for referendum, regulations for preserving documents of referendum;

  8. accept reports of heads of ministries, state committees and organizations of RT, local executive authorities and public organizations on issues of preparations and conducting referendum;

  9. summarize referendum in the whole Republic of Tajikistan;

  10. determine and publish results of referendum;

  11. solicit applications and complaints on decisions and actions of commissions for referendum;

  12. perform other functions as defined by present Constitution Law and other laws of RT.

Article 18. Authorities of district commission

for referendum.

District commission for referendum shall:

  1. carry out control over implementation of present Constitution Law in territory of the district;

  2. form areas for referendum, set their numeration, form area commissions for referendum and coordinate their work;

  3. accept reports of local executive authorities, heads of enterprises and organizations on issues related to preparation and conduction of referendum;

  4. distribute funds to area commissions, control provision of area commissions with premises, transport, communications and resolve other issues of material and technical procurement for referendum in territory of the district;

  5. supervise preparation of lists of citizens entitled for participation in referendum, and present the lists for public;

  6. ensure provision of bulletins for voting to area commissions for referendum;

  7. summarize and submit to Central Commission results of voting at referendum in the district;

  8. solicit applications and complaints on decisions and actions of area commissions and make decisions on them;

  9. carry out other authority in accordance with present Constitution Law and other legislative acts of RT.

Article 19. Authority of area commission for

referendum.

Area commission for referendum shall:

  1. prepare lists of citizens entitled for participation in referendum;

  2. inform population of the lists, accept and solicit applications on mistakes and inaccuracies in lists and make decisions on corrections in them;

  3. accept from citizens who do not have a possibility to be in place of their residence and vote on the day of referendum sealed mail with their decision and ensure secrecy of will of voters;

  4. inform population of location of area commission, its schedule of work, and of day of referendum and place of voting;

  5. ensure preparation of premises for voting, boxes for bulletins, and other equipment;

  6. organize voting in the area on day of referendum;

  7. count votes in the area;

  8. solicit applications and complaints on issues of preparation of referendum, organization of voting, and make decisions on them;

  9. implement other authorities in accordance with present Constitution Law and other legislative acts of RT.

At simultaneous conducting of referendum and elections to Majlisi Oli of RT authority of area commission for referendum is implemented by area election commissions.

Article 20. Membership in commissions for referendum

A member of commission for referendum should be neutral and objective performing his duties.

Member of commission can be relieved of his duties by his personal application or in case of deprivation of authority.

The right of depriving member of commission of his authority belongs to the organ that formed the commission, in case of violation by such member of the present Constitutional Law or systematic neglect of his duties. In case of necessity, a new member of commission shall be appointed, in procedure determined by present Constitutional Law.

One person can be member of only one commission for referendum.

Article 21. Organization of wok of commission for referendum

Meeting of a commission for referendum shall be legitimate only if not less than two thirds of the commission are present. Decisions of commission shall be made through open vote, by majority of votes of the present members of commission. Members of commission who disagree with the decision have a right to express their opinion, which shall be attached in written form to the protocol. In case votes divide the decision of the chairman shall be ultimate.

Decision of commission for referendum, made within its authority, is obligatory for subordinated commissions, and for all state structures, political parties, public associations, labor collectives, heads of enterprises, institutions and organizations.

State organs and public associations, enterprises, organizations and institutions, executive officials shall assist commissions for referendum in performing their authority, and provide information needed for their work.

Commission for referendum has a right to apply on issues, related to preparing and conducting referendum, to state structures, public associations, enterprises, institutions, organizations, who shall consider the issue and provide the answer within three days.

Chairman, deputy to chairman, secretary or any other member of commission, by its decision, be relieved in period of preparation and conducting referendum from production or service duties, with preservation of salary by funds provided for referendum.

Article 22. Soliciting complaints on decision of commissions for referendum

Decisions of commissions for referendum can be appealed against by organs of political parties and other public organizations, by local executive authorities, labor collectives, citizens of RT to superior commissions for referendum or to court, within ten days after the decision is made. Decisions of Central Commission for Elections can be appealed against to Supreme Court of RT within ten days after the decision. The complaint should be considered within three days after its reception, and if less than six days are left to date of referendum – immediately.

Article 23. Lists of people who have a right to

take part in referendum

Lists of citizens who have a right to take part in referendum shall be compiled, published, corrected and appealed against in same order as lists of voters, in accordance with Articles 35, 36, 37 of Constitutional Law of RT ""n elections to Majlisi Oli of RT""

In case referendum and elections to Majlisi Oli are held in the same time one list shall be made for referendum and elections.

Article 24. Provision of right of citizens for participation in referendum in case of change of residence

In the period after publishing the lists of citizens who have a right to take part in referendum and before the day of referendum persons who cannot be on day of referendum in place of their residence (being on tour of duty, at treatment institution or other reasons) have a right, upon presenting their passport or other identification document demand from area commission a bulletin for voting, make decision on issues included in the bulletin, and submit the bulletin in sealed envelope to area commission. The area commission shall make appropriate decision on this matter. The envelope shall be sealed in presence of such citizen. The area commission for referendum shall be responsible for the envelope.

Article 25. Bulletin for voting

The bulletin for voting reproduces the text of the issue of referendum or draft of decision and options of will of the voter – "yes" or "no".

In case referendum is conducted on drafts of different decisions all drafts of decisions of referendum shall be printed on bulletins of different color, shall be voted for separately and independently from each other.

The form and text of bulletins for voting shall be adopted by Central Election Commission not later than 30 days prior to referendum. CEC shall also ensure manufacturing of the bulletins and distribution of them to district commissions.

Bulletins for voting shall be printed in the state language and in the language used by majority of population of the district.

District commission shall ensure provision of area commissions with bulletins not later than 15 days prior to day of referendum.

Chairman or deputy chairman or secretary of district or area commission shall confirm reception or distribution of bulletins by their signature.

Premises containing bulletins for voting shall be sealed and protected by structures of internal affairs.

Chapter 4

Procedure of voting and summarizing results of referendum

Article 26. Time and place of voting

Voting at referendum of Republic of Tajikistan shall take place on the day of referendum from 6:00 till 20:00 by local time. Area commission shall inform the population of the place and time of voting not later than ten days prior to the day of referendum.

Area commission can announce voting completed at any time, if all citizens in the voting lists already voted, in areas formed at representation of RT in other countries, at sanatoriums, recreation zones, hospitals and other treatment institutions, in remote and difficult-access settlements.

Article 27. Organization of voting

Voting shall be carried out in specially allocated premises, with sufficient number of cabins or rooms for secret vote, place for distribution of bulletins and boxes for filled bulletins. The boxes shall be installed in such a way that voters pass through cabins or rooms for secret vote.

Area commission shall be responsible for organization of voting, provision of secrecy of expression of will of population, equipping the premises and maintenance of proper order in the premises.

On the day of referendum, before beginning of voting, boxes for bulletins shall be inspected, sealed by chairman of area commission in presence of all members of the commission, representatives (observers), mass media in the room for voting.

Every citizen shall vote in person; voting for other persons shall not be allowed. Bulletins shall be distributed by area commission against the list of citizens of the area upon presenting passport or other document identifying the person. Each citizen shall sign for receiving the bulletin in the list of citizens who have a right to take part in referendum.

Article 28. Procedure of voting

Bulletin of referendum shall be filled by voter in a cabin or a room for secret voting. Presence of other persons is prohibited. Citizens that are not capable of filling a bulletin by themselves have a right to invite in the cabin or in the room another person by his choice, except for members of commission for referendum.

Voters shall cross out one of optional answers in the bulletin: "yes" or "no".

In case several issues are proposed for referendum simultaneously the voters shall fill bulletins on every issue.

The filled-out bulletins shall be put in the voting boxes.

In case if an individual cannot attend the voting room by reason of health or other reason, the area commission, by their request, shall organize voting in place of stay of these citizens, with appropriate information in lists of population.

Citizens that by some reason have not been included in the list, shall be included in attachments to the lists of population upon presenting documents identifying their person.

Article 29. Count of votes

After statement of chairman on ending of voting, sealed envelopes with bulletins of advance voting shall be put in voting boxes in presence of members of area commission. prior to opening the boxes, the area commission shall count and cancel all unused bulletins, with furnishing of a protocol.

Boxes with bulletins shall be opened by the area commission in presence of all of its members, after the statement of chairman of the commission on ending the voting. Opening boxes before the voting has ended is prohibited.

Based on the voting lists, including additional lists, lists of advance voting and lists of voting at home, the commission shall count total number of citizens in the area and the number of citizens who received bulletins. Bulletins in the portable boxes for voting shall be counted separately. The number of bulletins shall be compared to the number of written applications for voting at place of residence. The commission shall determine, by number of bulletins in the voting boxes:

Bulletins shall be considered cancelled (not valid) if none of options of answers have been crossed out or both of options were crossed out, as well as bulletins that do not conform to standard form. In case the commission has doubt in regard of validity of bulletin the decision shall be made by district commission, with registering the number of such cases in a protocol.

Results of voting shall be counted at every polling station. In case several issues were proposed for referendum count of votes shall be done separately for each issue.

Article 30. Protocol of voting

Results of count of votes shall be checked, discussed at session of an area commission and be entered in a protocol to be made in two copies.

The protocol shall be executed in ink or ball-point pen, signed by all members of area commission, and stamped.

First copy of the protocol shall be submitted to district commission, and second copy shall be left at area commission.

District commission, based on protocols of area commissions, shall summarize the results, check them up, and, after discussion, make summary protocol in two copies, to be signed by chairman, deputy chairman, secretary and members of commission and sealed by stamp. First copy of protocol shall be immediately sent to Central Commission for Elections and Referendum.

District and area commissions on referendum, after count of votes, shall submit copies of protocol and bulletins under seal, including canceled ones, to relevant Hukumats, to be stored during two months and then destroyed, unless results of referendum are not protested in that period.

Statement on results of referendum in the district shall be published by appropriate district commission in terms set by Central Commission for Elections and Referendum. The statement shall indicate total number of citizens included in district lists, number of citizens that took part in voting, number of positive and negative answers for each of issues proposed for referendum, number of canceled bulletins.

Article 31. Summarizing results of referendum

Central Commission for Elections and Referendum, based on protocols of district commissions for referendum, shall determine:

Referendum shall be considered ineffective if less than half of citizens of the republic who have a right for participation in referendum actually took part in voting. In this case, referendum on the same issue can be held again not earlier than after two years.

Decisions on issues proposed for referendum shall be considered adopted, including those on changes and additions in Constitution of Republic of Tajikistan, if more than half of citizens of the Republic that took part in referendum voted for adopting the changes.

In case the referendum proposed alternative solutions, and none of them received required number of votes, then all alternatives shall be considered rejected, and their repeated proposing for referendum can be made not earlier than after one year.

Results of referendum can be considered invalid if violations of present legislation took place at procedure of voting or at count of votes, and reflected on result of the voting. In case such violations are revealed results of the referendum can be appealed against to Supreme Court of RT within one month.

In case Supreme Court of RT finds results of the referendum invalid, Majlisi Oli of RT can set, within two months, a repeated referendum, to be conducted in conformity to present Constitutional Law.

Article 32. Publishing and enforcement of decisions made at referendum

Population of RT shall be informed of results of referendum, through mass media, by Central Commission for Elections and Referendum, within ten days from ending of voting.

In case results of voting in any district or area are found invalid, Central Commission for Elections and Referendum has a right to order the appropriate commission conduct repeated voting in such district or area. Decisions of Central Commission for Elections and Referendum can be appealed against to Supreme Court of RT within one week after the decisions are made.

Decision adopted at referendum shall be published not later than within seven days from the date of final voting on issue of referendum, and shall enter in force on the day of publishing, unless the decision made at referendum foresees other terms.

Article 33. Changing and canceling of decision made at referendum

Changes or cancellation of decision made at referendum can be done only through a referendum.

Article 34. Liability for violation of legislation on referendum

Persons who, by means of violence, deception, threats, bribery or any other way impede free expression of right for participating in referendum, as well as employees of government or public associations, enterprises, organizations, members of commissions for referendum, who commit forgery, misrepresentation, deliberate corruption of count of votes, and violate secrecy of vote, shall be liable by legislation.

President of Republic of Tajikistan E.Rahmonov

Dushanbe, November, 4, 1995

No. 106