RESOLUTION OF MAJLISI NAMOYANDAGON OF MAJLISI OLI OF THE REPUBLIC OF TAJIKISTAN

of November 7, 2001 No. 437

About Regulations of Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan

List of amending documents

The Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan decides:

1. Accept Regulations of Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan.

2. Enact these Regulations after its official publication.

3. After official publication of these Regulations "Regulations of Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan" (Akhbori Majlisi Oli of the Republic of Tajikistan 2000, No. 5, Article 258) to declare invalid.

 

Regulations of Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan

GENERAL PROVISIONS

Article 1

1. The Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan consists of 63 deputies.

2. According to the Constitution of the Republic of Tajikistan, the constitutional Law of the Republic of Tajikistan "About Majlisi Oli of the Republic of Tajikistan", the constitutional laws, other laws of the Republic of Tajikistan and these Regulations, Majlisi namoyandagon independently resolves the issues which are within its competence.

Article 2

Majlisi namoyandagon, Council of Majlisi namoyandagon, the Chairman and vice-chairmen of Majlisi namoyandagon, committees and the commissions of Majlisi namoyandagon, fraction, group and deputies of Majlisi namoyandagon perform the activities according to the procedure established by the Constitution of the Republic of Tajikistan, the constitutional Law of the Republic of Tajikistan "About Majlisi Oli of the Republic of Tajikistan", the constitutional laws and other laws of the Republic of Tajikistan, Regulations of joint sittings of Majlisi milli and Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan, and also Regulations of Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan.

Article 3

The Majlisi namoyandagon performs the activities on the basis of the principle of separation of the government, rule of law, publicity, collective nature, pluralism of opinions, responsibility to the people.

Section I. Internal structure, coordinating and accountable bodies of Majlisi namoyandagon

Chapter 1. Chairman and vice-chairmen of Majlisi namoyandagon

Article 4

1. The chairman of Majlisi namoyandagon is elected from among deputies of Majlisi namoyandagon by secret vote with use of bulletins and by a majority vote from total number of deputies of Majlisi namoyandagon.

2. Candidates for position of the Chairman of Majlisi namoyandagon are proposed by deputies of Majlisi namoyandagon.

3. During discussion which is carried out on all candidates who agreed to stand to position of the Chairman of Majlisi namoyandagon, candidates can make a speech at meeting of Majlisi namoyandagon and answer questions of deputies of Majlisi namoyandagon. Representatives of all fractions, deputy groups and deputies of Majlisi namoyandagon have the right to express for or against the candidate.

Article 5

1. All candidates proposed to position of the Chairman of Majlisi namoyandagon, except for persons which took rejection are entered in the list for vote. Rejection is accepted without vote.

2. The candidate for whom the majority from total number of deputies of Majlisi namoyandagon voted is considered the elected Chairman of Majlisi namoyandagon. Each deputy of Majlisi namoyandagon can vote only for one candidate.

3. If to position of the Chairman of Majlisi namoyandagon more than two candidates were proposed and any of them did not gather the poll required for election, the second round of vote on two candidates who received the greatest poll is held.

4. The Majlisi namoyandagon elected to position of the Chairman following the results of the second round of vote the candidate for whom the majority from total number of deputies of Majlisi namoyandagon voted is considered.

5. If in the second round of vote any of two candidates did not gather the poll of deputies of Majlisi namoyandagon required for election, the Majlisi namoyandagon holds repeated elections of the Chairman of Majlisi namoyandagon. Repeated elections of the Chairman of Majlisi namoyandagon are held according to Articles 4 and 5 of these Regulations. At the same time promotion of candidates who were proposed in the previous tours is not allowed.

6. The decision on election of the Chairman of Majlisi namoyandagon is drawn up by the resolution of Majlisi namoyandagon without additional vote.

7. The chairman of Majlisi namoyandagon is accountable to Majlisi namoyandagon and can be recalled from position at least, than two thirds of voices of total number of deputies in case of secret vote.

8. The question of response of the Chairman of Majlisi namoyandagon is brought at least, than one third of voices of total number of deputies of Majlisi namoyandagon. In case of maintenance of this offer the majority from total number of deputies, the question of response of the Chairman of Majlisi namoyandagon is put to secret vote. By consideration of question of response of the Chairman of Majlisi namoyandagon, to it it is given floor.

9. The chairman of Majlisi namoyandagon has the right to resign. The resolution on resignation of the Chairman of Majlisi namoyandagon is accepted at meeting of Majlisi namoyandagon based on its written application and, if necessary, with expression of his opinion. Resignation of the Chairman of Majlisi namoyandagon is accepted by the majority from total number of deputies of Majlisi namoyandagon.

Article 6

1. The Majlisi namoyandagon establishes the number of vice-chairmen of Majlisi namoyandagon.

2. Vice-chairmen of Majlisi namoyandagon are elected on representation of the Chairman of Majlisi namoyandagon from among deputies of Majlisi namoyandagon by open voting if the Majlisi namoyandagon did not determine other form of elections of vice-chairmen of Majlisi namoyandagon.

3. The candidates included in the list for vote can make a speech at meeting of Majlisi namoyandagon and answer questions of deputies of Majlisi namoyandagon.

4. Candidates for whom the majority from total number of deputies of Majlisi namoyandagon voted are considered elected to positions the first deputy and vice-chairmen of Majlisi namoyandagon.

5. The Majlisi namoyandagon accepts the resolution on election of the first deputy and the vice-chairman of Majlisi namoyandagon.

6. The first deputy and vice-chairmen of Majlisi namoyandagon can be recalled on representation of the Chairman of Majlisi namoyandagon.

7. The first deputy and vice-chairmen of Majlisi namoyandagon have the right to retire.

8. The decision on release of vice-chairmen of Majlisi namoyandagon from position is made by a majority vote from total number of deputies of Majlisi namoyandagon.

Article 7

1. Chairman of Majlisi namoyandagon:

a) directs creation of the questions considered at meetings;

b) presides over the session of Majlisi namoyandagon and meetings of its Council;

c) proposes candidates for vice-chairmen of Majlisi namoyandagon, chairmen of committees and commissions of Majlisi namoyandagon and the chief of staff of Majlisi namoyandagon for Majlisi namoyandagon;

d) makes offers on the name, quantity and structures of committees and the commissions in Majlisi namoyandagon;

e) represents for the signature and promulgation to the President of the Republic of Tajikistan the law on the government budget adopted by Majlisi namoyandagon;

e) represents to Majlisi milli for approval the laws adopted by Majlisi namoyandagon;

g) signs resolutions of Majlisi namoyandagon and its Council;

h) represents Majlisi namoyandagon in the country and abroad;

i) directs activities of the Office of Majlisi namoyandagon;

j) will organize inter-parliamentary bonds of Majlisi namoyandagon;

k) signs inter-parliamentary agreements of Majlisi namoyandagon;

l) performs other powers determined in the Constitution of the Republic of Tajikistan, the constitutional Law of the Republic of Tajikistan "About Majlisi Oli of the Republic of Tajikistan", other constitutional laws, the laws, Regulations of joint sittings of Majlisi milli and Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan and these Regulations.

2. The chairman of Majlisi namoyandagon reports on Majlisi namoyandagon on activities of Majlisi namoyandagon for the expired session and on the draft of the approximate program of legislative work of Majlisi namoyandagon on regular session. According to reports of Majlisi namoyandagon can accept resolutions.

3. The chairman of Majlisi namoyandagon for implementation of the powers accepts resolutions and orders.

Article 8

1. The main activities of vice-chairmen of Majlisi namoyandagon are determined on the basis of the order of the Chairman of Majlisi namoyandagon.

2. In case of absence of the Chairman of Majlisi namoyandagon, its obligation at the request of the Chairman of Majlisi namoyandagon the first deputy carries out.

3. Vice-chairmen of Majlisi namoyandagon coordinate activities of committees and commissions of Majlisi namoyandagon, resolve other issues of internal rules and procedures of activities of Majlisi namoyandagon according to these Regulations.

4. Activities of the Chairman of Majlisi namoyandagon and vice-chairmen of Majlisi namoyandagon are provided with the Secretariat of management of Majlisi namoyandagon.

Chapter 2. Council of Majlisi namoyandagon

Article 9

1. Council of Majlisi namoyandagon is coordination and accountable Majlisi namoyandagon body.

2. The Chairman of Majlisi namoyandagon, the first deputy his deputies, chairmen of committees and commissions of Majlisi namoyandagon are part of Council of Majlisi namoyandagon. The Majlisi namoyandagon can choose in structure of Council of Majlisi namoyandagon and other deputies. The chairman of Majlisi namoyandagon presides over meetings of Council of Majlisi namoyandagon. In absence of the Chairman of Majlisi namoyandagon, according to its order, one of his deputies presides over meeting of Council of Majlisi namoyandagon. Deputy chairmen of committees, commissions, fractions and groups take part in absence of chairmen of committees, commissions, fractions and groups, according to their order, at meeting of Council of Majlisi namoyandagon.

3. At meetings of Council of Majlisi namoyandagon can take part the counselor of state of the President of the Republic of Tajikistan on legal policy - the authorized representative of the President of the Republic of Tajikistan in Majlisi milli and Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan, representatives of persons of law of the legislative initiative on the questions brought by them.

4. In case of absence of the Chairman of Majlisi namoyandagon the first deputy and (or) one of his deputies presides over meetings of Council of Majlisi namoyandagon at the request of the Chairman of Majlisi namoyandagon.

Article 10

1. Powers of Council of Majlisi namoyandagon:

a) organization of preparation of meetings of Majlisi namoyandagon and work planning for creation of bills;

b) consideration of questions of convocation of emergency meetings of Majlisi namoyandagon according to the proposal of the Chairman of Majlisi namoyandagon, committees, commissions of Majlisi namoyandagon, one third of total number of deputies of Majlisi namoyandagon;

c) creation of the project of calendar of consideration of questions in Majlisi namoyandagon for the next month;

d) designing of the agenda of the regular meetings of Majlisi namoyandagon;

e) streamlining of activities of committees and commissions;

e) determination of Committee of the Majlisi namoyandagon responsible for preparation of the bill introduced by the person of law of the legislative initiative to consideration of Majlisi namoyandagon. The direction of projects in committees of Majlisi namoyandagon, if necessary to other persons of law of the legislative initiative, for consideration and establishment of terms of preparation of the conclusions, offers, changes and amendments in the bill;

g) the direction of the bills prepared by responsible committee for consideration of Majlisi namoyandagon, and materials to them, the President of the Republic of Tajikistan, the person of law of the legislative initiative who introduced this bill in Majlisi namoyandagon in the Government of the Republic of Tajikistan, to deputies of Majlisi namoyandagon in the terms established by these Regulations;

h) approval of the Government of the Republic of Tajikistan of question of the term of preparation of the conclusion on the bill for which implementation means from the government budget are required if the Government of the Republic of Tajikistan did not submit the conclusions under this bill within the terms established by Council Majlisi namoyandagon;

i) ensuring preliminary consideration of bills and other acts;

j) return of bills to the person of law of the legislative initiative, in case of their discrepancy to requirements of the Constitution, the laws and these Regulations;

k) adoption of the resolution on carrying out parliamentary hearings;

l) adoption of the relevant resolutions according to the offers and objections of deputies stated at meetings of Majlisi namoyandagon;

m) establishment of cooperation with Majlisi milli and Council of Majlisi milli;

o) the organization of inter-parliamentary bonds of Majlisi namoyandagon, consideration of question of feasibility and possibility of trips of members of committees and commissions of Majlisi namoyandagon for participation at the international meetings of parliaments of other states;

o) ensuring control over the implementation of resolutions of Majlisi namoyandagon;

p) creation of the commissions on the questions entering its competence;

c) representation to the President of the Republic of Tajikistan of offers on assignment to deputies of Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan and to workers of the Office of Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan of the state awards, special class ranks and special ranks;

r) implementation of other powers, work-related Majlisi namoyandagons and effective implementation by deputies of the powers determined by the Constitution of the Republic of Tajikistan, the constitutional Law of the Republic of Tajikistan "About Majlisi Oli of the Republic of Tajikistan" and these Regulations.

2. Council of Majlisi namoyandagon accepts the resolution which is signed by the Chairman of Majlisi namoyandagon. In absence of the Chairman of Majlisi namoyandagon it is signed by the Majlisi namoyandagon presiding over meeting of Council. This resolution goes to committees and the commissions of Majlisi namoyandagon, the Office of Majlisi namoyandagon and relevant organs.

3. The Majlisi namoyandagon repeals the resolutions of Council of Majlisi namoyandagon contradicting the Constitution, the constitutional laws, the laws and resolutions of Majlisi namoyandagon.

Article 11

Deputies of Majlisi namoyandagon obtain information on results of the questions considered at meetings of Council of Majlisi namoyandagon.

Chapter 3. Committees and commissions of Majlisi namoyandagon

Article 12

1. The Majlisi namoyandagon forms committees and the commissions of Majlisi namoyandagon (further - committees and the commissions) from among deputies of Majlisi namoyandagon. The Majlisi namoyandagon can create the temporary commissions for the solution of single questions.

2. Committees and commissions of Majlisi namoyandagon:

a) according to the resolution of Council of Majlisi namoyandagon previously consider drafts of resolutions, the laws and others normative - legal acts and draw the conclusions;

b) will organize parliamentary hearings;

c) draw the conclusions and make project proposals of the Law on the government budget of the Republic of Tajikistan.

3. Education and disbandment of committees and commissions of Majlisi namoyandagon is performed by the resolution of Majlisi namoyandagon.

4. Committees and the commissions of Majlisi namoyandagon perform other powers provided by the Constitution of the Republic of Tajikistan, the constitutional Law of the Republic of Tajikistan "About Majlisi Oli of the Republic of Tajikistan", the constitutional laws, other laws and these Regulations.

Article 13

1. The Majlisi namoyandagon, on representation of the Chairman of Majlisi namoyandagon, determines the name, quantity and structure of committees and commissions of Majlisi namoyandagon, the numerical structure of committees and commissions, as a rule, cannot constitute more than 9 and less than 5 people.

2. Under committees and the commissions there are regular senior advisers and advisers appointed and dismissed on representation of chairmen of committees and commissions by the order of the Chairman of Majlisi namoyandagon.

Article 14

1. The Majlisi namoyandagon elects chairmen of committees and the commissions according to the procedure, the Majlisi namoyandagon provided for election of vice-chairmen.

2. Chairmen of committees and commissions are elected on representation of the Chairman of Majlisi namoyandagon by a majority vote from total number of deputies of Majlisi namoyandagon. The Majlisi namoyandagon accepts the resolution on election of chairmen of committees and the commissions.

3. Chairmen of committees and commissions are dismissed on representation of the Chairman of Majlisi namoyandagon by a majority vote from total number of deputies of Majlisi namoyandagon.

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