Chapter 4. THE PRESIDENT
Article 64
The President of the Republic of Tajikistan is the head of State and executive power (the Government).
The President is the guarantor of the Constitution and the laws, rights and freedoms of man and citizen, national independence, unity and territorial integrity, continuity of the long-lived State, functioning and interaction of the State organs in concord, [and] observance of international treaties of Tajikistan.
Article 65
The President is elected by the citizens of Tajikistan on the basis of universal, equal and direct suffrage by a secret ballot for a term of seven years.
A person who is at least 30 years old, has citizenship of the Republic of Tajikistan only, a University Degree, knows state language and has been living within the republic at least 10 years shall run for president of the Republic of Tajikstan.
A person whose candidate nomination collected no less than 5% of the electorate signatures may be registered as a candidate for the post of President.
One and the same person may not be President for more than two consecutive terms.
The limitation stipulated in part four of this article does not apply to the Founder of Peace and National Unity – the Leader of the Nation. The legal status and powers of the Founder of Peace and National Unity – the Leader of the Nation are determined by the constitutional law.
Article 66
The election of the President is considered valid if more than one half of the electorate participated in it.
A candidate for the post of President for whom more than half of the voters taking part in the election voted is considered elected.
The procedure for the election of the President is determined by a constitutional law.
Article 67
The President before assuming office takes the following oath at the joint session of the Majlisi Milli and the Majlisi Namoyandagon :
“I, as President, swear to protect the Constitution and the laws of the Republic, to guarantee the security of the rights, freedoms, honor and dignity of citizens, to protect the territorial integrity, political, economic and cultural independence of Tajikistan, [and] to faithfully serve the people.”
The powers of the President are terminated from the moment a newly elected President takes the oath.
Article 68
The President does not have the right to hold any other office, be a deputy of representative organs, [or] to engage in entrepreneurial activity.
Article 69
Powers of the President:
- Determines basic directions of the interior and foreign policy of the Republic;
- Represents Tajikistan within the country and in international relations;
- Creates and abolishes ministries and State committees;
- Appoints and dismisses the Prime Minister and other members of the Government; presents decrees appointing and dismissing the Prime Minister and other members of the Government to the joint session of the Majlisi Milli and the Majlisi Namoyandagon for approval;
- Appoints and dismisses the Chairmen of the Gorno-Badakhshan Autonomous Oblast, oblasts, the city of Dushanbe, cities and rayons, [and] presents them for the approval of the appropriate Majlis of People’s Deputies;
- Annuls or suspends acts of organs of executive power in case they contradict the Constitution and laws;
- Appoints and dismisses the Chairman of the National Bank, his deputies, and present relevant decrees for the approval of the Majlisi Namoyandagon;
- Presents to the Majlisi Milli candidates for election and recall of Chairman, Deputy Chairmen, and judges of the Constitutional Court, Supreme Court and Higher Economic Court;
- With the consent of the Majlisi Milli appoints and dismisses the General Procurator and his deputies;
- Creates the executive apparatus of the President;
- Creates the Security Council and leads it;
- Appoints and dismisses judges of military courts, the court of the Gorno-Badakhshan Autonomous Oblast, oblasts , the city of Dushanbe, the city and rayon courts, and judges of economic courts of the Gorno-Badakhshan Autonomous Oblast, oblasts, and the city of Dushanbe;
- Calls referendum, elections to the Majlisi Milli and the Majlisi Namoyandagon, [and] to local representative organs;
- Signs laws;
- Determines the monetary system and informs the Majlisi Milli and Majlisi Namoyandagon about it;
- Administers the reserve fund;
- Leads the conduct of foreign policy, signs international treaties and presents them for the approval of the Majlisi Namoyandagon;
- Appoints the heads of diplomatic missions in foreign States and the representatives of the Republic to international organizations;
- Accepts the credentials of the heads of foreign diplomatic missions;
- Is the Supreme Commander-in-Chief of the Armed Forces of Tajikistan; appoints and dismisses commanders of the Armed Forces of Tajikistan;
- Declares martial law during a realistic threat to national security and presents a corresponding decree for approval of the joint session of the Majlisi Milli and the Majlisi Namoyandagon;
- Uses the Armed Forces of the Republic of Tajikistan outside its borders in order to fulfill international obligations of Tajikistan with the consent of the joint session of the Majlisi Milli and the Majlisi Namoyandagon;
- Declares a state of emergency on the entire territory of the Republic or in individual locations with an immediate presentation of a corresponding decree for approval to the joint session of the Majlisi Milli and the Majlisi Namoyandagon and notification of the United Nations;
- Resolves issues of citizenship;
- Grants political asylum;
- Grants pardons;
- Confers the highest titles, diplomatic ranks, [and] other special ranks and titles;
- Awards citizens with State awards, prizes, and honorary titles of Tajikistan;
- Executes other powers provided by the Constitution and laws.
Article 70
The President within the limits of his powers issues decrees and orders, informs the joint session of the Majlisi Milli and the Majlisi Namoyandagon about the country’s situation, [and] submits important and necessary issues for discussion to the joint session of the Majlisi Milli and the Majlisi Namoyandagon.
Article 71
In the case of death, resignation, [or] recognition of the President as incapable, his obligations are transferred to the Chairman of the Majlisi Milli until a newly elected President takes office, and the powers of the Chairman of the Majlisi Milli are transferred to his first deputy .
In such cases, presidential elections are held within three months.
The President’s powers may be terminated upon his declaration of resignation made by him at a joint session of the Majlisi Milli and the Majlisi Namoyandagon if a majority of the members of the Majlisi Milli and deputies of the Majlisi Namoyandagon, voting in each Majlisi separately, vote in favor.
If the President is unable to fulfill his obligations due to illness, both Majlisis at their joint session , based on the conclusion of the State medical commission created by them, make the decision on an early release of the President from office by no less than two thirds of the votes of all the members and deputies of each Majlisi.
Social security, service and guarding of the President of the Republic of Tajikistan are governed by the constitutional law.
Article 72
The President has the right to immunity.
The President is deprived of [his] immunity in the event of committing a State treason based on the conclusion of the Constitutional Court by two thirds of votes of all the members of the Majlisi Milli and the deputies of the Majlisi Namoyandagon voting in each Majlisi separately.
