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Ministry of Justice

Republic of Tajikistan 

 On March 18, 2023 No. 17

LAW OF THE REPUBLIC OF TAJIKISTAN

of March 15, 2023 No. 1949

About jurisdictional immunity of foreign state and its property in the Republic of Tajikistan

Accepted by the Resolution MH MOPT of December 7, 2022, No. 929

Approve the Resolution MM MORT of March 15, 2023 No. 358

This Law establishes the organizational, legal basis, procedure and conditions of use of jurisdictional immunity of foreign state and its property in the Republic of Tajikistan.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) foreign state - the state, public authorities, components of the state and their bodies, other organizations and (or) plenipotentiaries of the state which within the competence have the right to perform sovereign powers of authority;

2) property of foreign state - the property belonging to foreign state, being in the territory of the Republic of Tajikistan;

3) jurisdictional immunity of foreign state and its property - legal immunity, immunity concerning measures for providing the claim and execution of the judgment;

4) legal immunity - obligation of court of the Republic of Tajikistan on respect for immunity of foreign state in case of trial of the proceedings initiated against this state and to abstention from attraction of foreign state to participation in legal procedure;

5) immunity concerning measures for providing the claim - obligation of court of the Republic of Tajikistan on abstention from property attachment of foreign state, or from acceptance concerning this state of other measures providing afterwards consideration of dispute and (or) execution of the judgment;

6) immunity concerning judgment execution - obligation of the court or body performing forced execution of executive documents for abstention from the address of claim to property of foreign state, acceptance concerning foreign state and its property of other measures for the purpose of forced execution of the judgment;

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