ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of April 5, 2005 No. 137

About approval of the Regulations on service by the ordinary and commanding structure of law-enforcement bodies of the Republic of Tajikistan

The government of the Republic of Tajikistan decides:

1. Approve the enclosed Regulations on service by the ordinary and commanding structure of law-enforcement bodies of the Republic of Tajikistan.

2. Declare invalid the Resolution of the Cabinet of Ministers of the Republic of Tajikistan of April 21, 1992 for No. 130 "About approval of the Regulations on service by the ordinary and commanding structure of law-enforcement bodies of the Republic of Tajikistan".

Approved by the Order of the Government of the Republic of Tajikistan of April 5, 2005 No. 137

Regulations on service by the ordinary and commanding structure of law-enforcement bodies of the Republic of Tajikistan

This Provision regulates procedure and conditions of service in law-enforcement bodies of the Republic of Tajikistan, and also determines legal status of staff of these bodies.

Chapter 1. General provisions

1. Staff of law-enforcement bodies are the citizens of the Republic of Tajikistan consisting on positions of the private and the commanding structure of law-enforcement bodies which in the procedure established by this Provision gives the special ranks of the private and the commanding structure of law-enforcement bodies of the Ministry of Internal Affairs of the Republic of Tajikistan.

Official IDs and special counters with personal number of the sample established by the Minister of Internal Affairs of the Republic of Tajikistan are issued to the staff of law-enforcement bodies in confirmation of their powers.

For the staff of law-enforcement bodies the dress code and signs of distinction which samples affirm the Government of the Republic of Tajikistan are established.

Staff of law-enforcement bodies after passing of the corresponding preparation has the right to permanent carrying and storage of organic firearms and special means. The procedure for issue, carrying, storage of firearms and special means is determined by the Minister of Internal Affairs of the Republic of Tajikistan, and also regulated by the Laws of the Republic of Tajikistan "About militia" and "About weapon".

2. The Ministry of Internal Affairs of the Republic of Tajikistan in the activities is accountable to the President of the Republic of Tajikistan, to the Government of the Republic of Tajikistan and shall observe the Constitution of the Republic of Tajikistan, the laws, resolutions, decrees, orders and other regulations following from functional obligations.

Management of activities of law-enforcement bodies of the Republic of Tajikistan is performed by Board of the Ministry of Internal Affairs, the Minister of Internal Affairs of the Republic of Tajikistan, his deputies, board of the Department of Internal Affairs, chiefs of services of the relevant managements and departments of law-enforcement bodies.

Supervision of exact and uniform accomplishment of the laws regulating procedure and conditions of service in law-enforcement bodies is performed by the Attorney-General of the Republic of Tajikistan and prosecutors subordinated to it.

3. The service in law-enforcement bodies is under construction according to the principles:

- legality;

- unities of system of bodies of militia and centralization of management of it;

- respect and observance of rights and freedoms of man and citizen;

- social justice and humanity;

- stealthiness, combination of public and secret methods and means of activities;

- one-man management;

- equalities of all before the law;

- communication with the population and accounting of public opinion in fight against crime;

- nonpartisanship.

4. The legal basis of service in law-enforcement bodies the Constitution of the Republic of Tajikistan, the laws of the Republic of Tajikistan "About militia", "About operational search activities", "About fight against corruption", "About fight against terrorism", "About weapon", "About the state dactyloscopic registration", "About internal troops", "About the state secret" constitute, other regulatory legal acts of the Republic of Tajikistan, the international regulations recognized by the Republic of Tajikistan and also the regulatory legal acts of the Ministry of Internal Affairs adopted within the powers and this Provision.

5. The employee of law-enforcement bodies carries out obligations and has the rights according to articles 10 and 11 of the Law of the Republic of Tajikistan "About militia", the current legislation, the oath, this Provision and the contract.

The employee of law-enforcement bodies performs agential operational activity according to the Law of the Republic of Tajikistan "About operational search activities".

The employee of law-enforcement bodies has the right to store, carry and use service weapon and special means according to the legislation of the Republic of Tajikistan.

For ensuring personal security the employee of law-enforcement bodies can use service weapon, helmets, boards, bullet-proof vests and other individual protection equipment.

Staff of law-enforcement bodies, as well as other citizens of the Republic of Tajikistan have all completeness of social, economic and other rights, and also perform duties of the citizens of the republic provided and guaranteed by the Constitution of the Republic of Tajikistan, international legal acts and other legal acts of the Republic of Tajikistan.

On duty the employee of law-enforcement bodies is under protection of the state. Nobody, except bodies and the officials who are directly authorized on that by the law having the right to interfere with activities of the employee of law-enforcement bodies.

The employee of law-enforcement bodies in the office activities is guided by requirements of the legislation of the Republic of Tajikistan.

For legality violation, authority misuse, exceeding of office powers, illegal actions or failure to act, non-execution or improper execution of the obligations assigned to them, the staff of law-enforcement bodies bears responsibility in the established legal order.

The employee of law-enforcement bodies has the right on:

a) acquaintance with the documents determining its rights and obligations by post, the quality criterions of service and conditions of job development and other conditions necessary for execution of service duties by it;

b) obtaining in accordance with the established procedure information and materials necessary for execution of service duties;

c) introduction in accordance with the established procedure suggestions for improvement of service and legislation of the Republic of Tajikistan;

d) decision making, participation in their preparation according to service duties;

e) participation on the initiative in tender, on substitution of vacant position;

e) job development taking into account results of office activities and level of its qualification;

g) acquaintance with materials of the personal record except for archive part and materials of special check, responses about the activities and other documents before their entering into the personal record, according to the procedure, determined by the Minister of Internal Affairs of the Republic of Tajikistan, and also attached to the personal record of the explanations;

h) passing of initial preparation, retraining (retraining) and advanced training;

i) financial, material and social security taking into account service length, length of service and the state of health;

j) carrying out according to its requirement of office investigation for confutation of the data discrediting his honor and advantage;

k) labor protection and health.

Use of any right recognized by the legislation of the Republic of Tajikistan of international legal acts and this Provision shall be provided without discrimination on any basis, such as floor, race, language, religion, political or other convictions, ethnic minority, property status, personal hostility, the place the birth or other circumstance.

The employee of law-enforcement bodies has the right to address to higher bodies of internal affairs (the management which is directly authorized by the Minister of Internal Affairs for permission of questions of human rights violation) or to court for the dispute resolution, connected with service in law-enforcement bodies.

Chiefs (commanders) are forbidden to give orders (orders) and orders which do not have relations to execution of service duties or contradicting the legislation of the Republic of Tajikistan.

Chiefs (commanders) who gave the specified orders (orders) and orders are made responsible according to the legislation of the Republic of Tajikistan.

Cancellation or changes of the decision made by the employee when implementing service duties in itself do not attract its responsibility if they were not result of deliberate violation of the law.

For the solution of special tasks on protection of law and order and fight against crime the staff of law-enforcement bodies can temporarily be involved in service to different regions of the republic (except for permanent and variable structure educational and research establishments of the Ministry of Internal Affairs of the Republic of Tajikistan).

Proceeding from need of ensuring effective implementation of the tasks and obligations assigned to law-enforcement bodies, the staff of law-enforcement bodies from their consent can be attached to public authorities and other organizations according to the legislation of the Republic of Tajikistan.

6. Lists of positions ordinary, younger, average and the senior commanding structure and special ranks corresponding to these positions affirm the Minister of Internal Affairs of the Republic of Tajikistan.

The list of the positions replaced by colonels and generals affirms the President of the Republic of Tajikistan.

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