It is registered
Ministry of Justice
Republic of Tajikistan
On August 1, 2014 No. 581
of July 26, 2014 No. 1095
About the state secrets
This Law determines the legal basis and system of protection of the state secrets for the benefit of ensuring national security of the Republic of Tajikistan, governs the public relations connected with reference of data to the state secrets, their classification, the order, protection and declassification.
In this Law the following basic concepts are used:
- the state secrets - the data protected by the state, disclosure or loss of which causes or can cause damage to homeland security and defense capability of the Republic of Tajikistan;
- security classification - the details testimonial of degree of privacy of the data containing in their carrier, which are put down on the carrier and (or) in the accompanying documentation to it;
- the admission to the state secrets - the procedure of registration of the right of citizens to access to the data constituting the state secrets and the companies, organizations and the organizations, irrespective of their form of business (further - the organizations), on work with use of such data;
- access to the data constituting the state secrets - acquaintance of the particular person with the data constituting the state secrets authorized by the authorized official;
- classification of data and their carriers - set of actions for restriction for the benefit of ensuring national security of the Republic of Tajikistan distribution of the data constituting the state secrets and access to their carriers;
- carriers of the data constituting the state secrets - material objects, including physical fields in which the data constituting the state secrets find the display in the form of symbols, images, signals, technical solutions and processes;
- declassification of data and their carriers - set of actions for lifting of restrictions of the data established on distribution and their carriers constituting the state secrets and on access to their carriers with respect for interests of homeland security of the Republic of Tajikistan;
- system of protection of the state secrets - bodies of protection of the state secrets used by them means and methods of protection of the data constituting the state secrets and their carriers, and also events held for this purpose;
- remedies of the data constituting the state secrets - the technical, cryptographic, program and other means intended for protection of the data constituting the state secrets, means in which they are realized, and also control facilities of protection of the state secrets;
- disclosure of the state secrets - the message, transfer, provision, transfer, the publication or finishing the state secrets by other methods to physical persons and legal entities which are not granted the right of acquaintance with them;
- loss of the state secrets - exit, including temporary, the data constituting the state secrets from legal ownership or use as a result of loss or plunder;
- special objects - control centers the state and Armed Forces, other military forming of the Republic of Tajikistan, and also other objects providing functioning of state bodies in peace and in wartime;
- military facilities - bodies, fighting line items of troops, control centers, polygons, communication centers, bases, warehouses and other military constructions;
- sensitive sites - special and military facilities, the organizations for which functioning additional security measures are established;
- troops - Armed Forces of the Republic of Tajikistan and other military forming;
- authorized state body on protection of the state secrets of the Republic of Tajikistan (further authorized state body) the central executive body of the government performing single state policy in the field of protection of the state secrets;
- the list of the data which are subject to classification - set of categories of data according to which data belong to the state secrets and are coded in the procedure established by the legislation of the Republic of Tajikistan;
- privacy degree - extent of restriction of the classified information, access to them and the protection level established from the state;
- protection of the state secrets - set of organizatsionnopravovy, technical, cryptographic and operational measures for protection of the state secrets.
The legislation of the Republic of Tajikistan on the state secrets is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.
The state secrets of the Republic of Tajikistan PI carriers of the data constituting the state secrets are property of the Republic of Tajikistan.
1. Treat bodies of protection of the state secrets:
- authorized state body;
- bodies of homeland security of the Republic of Tajikistan;
- other state bodies, the organizations, their structural divisions on protection of the state secrets.
2. Bodies of protection of the state secrets provide protection of the data constituting the state secrets according to the tasks assigned to them and within the competence. Responsibility for the organization of protection of the data constituting the state secrets in state bodies and the organizations is assigned to their first heads. Depending on amount of works with use of the data constituting the state secrets, heads of state bodies and organizations create structural divisions on protection of the state secrets which functions are determined by the specified heads taking into account specifics of the works which are carried out by them.
3. Protection of the state secrets is one of types of the main activities of state body and organization.
Provisions of this Law are obligatory for execution in the territory of the Republic of Tajikistan and beyond its limits by state bodies, the organizations, officials, citizens of the Republic of Tajikistan, the foreign citizens and persons without citizenship who undertook obligations, or obliged to perform requirements of the legislation of the Republic of Tajikistan about the state secrets according to the status.
1. President of the Republic of Tajikistan:
- determines state policy in the field of protection of the state secrets;
- performs the common directorship of activities of system of protection of the state secrets;
- approves the List of officials of the state bodies given authority on reference of data to the state secrets;
- signs the international agreements of the Republic of Tajikistan on joint use and protection of the data constituting the state secrets;
- takes out the order about issue of the state secrets to foreign states, the international and interstate organizations;
- takes out the order about the admission to the state secrets concerning foreign citizens, stateless persons, and also citizens of the Republic of Tajikistan who are constantly living outside the Republic of Tajikistan;
- has the right to declassify the data constituting the state secrets;
- determines powers of officials by ensuring protection of the state secrets in Executive office of the President of the Republic of Tajikistan;
- creates the Interdepartmental commission on questions of protection of the state secrets in the Republic of Tajikistan and approves its provision;
- performs other powers concerning protection of the state secrets according to the Constitution of the Republic of Tajikistan and other regulatory legal acts of the Republic of Tajikistan.
2. In cases of introduction by the President of the Republic of Tajikistan in the territory of the Republic of Tajikistan or in its certain areas of warlike or emergency state, the procedure for the admission of officials, citizens of the Republic of Tajikistan, foreign citizens and stateless persons to the state secrets, and the organizations to work with use of the state secrets can be changed.
1. Majlisi milli of Majlisi Oli of the Republic of Tajikistan:
- considers and approves the laws on the state secrets and on modification accepted by Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan and amendments to them;
- performs other powers concerning protection of the state secrets according to the Constitution of the Republic of Tajikistan and other regulatory legal acts of the Republic of Tajikistan.
2. Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan:
- adopts the laws on the state secrets and makes changes and additions to them;
- considers and approves Articles of the government budget regarding the funds allocated for implementation of state programs in the field of the state secrets;
- ratifies and denounces the international legal acts in the field of the state secrets;
- performs other powers concerning protection of the state secrets according to the Constitution of the Republic of Tajikistan and other regulatory legal acts of the Republic of Tajikistan.
Government of the Republic of Tajikistan:
- provides execution of the legislation of the Republic of Tajikistan on the state secrets;
- creates, liquidates and will reorganize authorized state body;
- approves provision, the scheme of department and structure of authorized state body;
- approves state programs in the field of the state secrets, procedure for material and financial provision for work on protection of the state secrets;
- approves the Instruction for providing the mode of privacy in the Republic of Tajikistan;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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