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Constitution of the Republic of Tajikistan, Tajikistan
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Latest Version in WIPO Lex
Year of Version
2003
Dates
Adopted:
November 6, 1994
Type of Text
Constitution/Basic Law
Subject Matter
Other
Notes
The Constitution of the Republic of Tajikistan was adopted on November 6, 1994 and amended twice, in 1999 and 2003. The Constitution has the highest legal power, direct application (Article 10) and supremacy on the whole territory of Tajikistan. The Constitution proclaims the establishment of a democratic, legal, secular and unitary State (Article 1), where the State power is based on the principle of separation of powers (Article 9). As the fundamental law of the State, the Constitution defines the structure of the government, basic rights, liberties and responsibilities of its citizens, as well as the powers of the legislative, executive and judicial branches.
The bicameral Supreme Assembly (the parliament) adopts constitutional laws (Article 61), laws (Article 60) and resolutions (Articles 56-57); while the President adopts decrees and orders (Article 70) and the Cabinet of Ministers (the highest body of the executive branch) adopts resolutions and orders (Article 74).
The Constitution contains specific provisions regarding intellectual property rights in Article 40, where it proclaims the right of every person to freely take part in the cultural life of the society, artistic, scientific, and technical creativity and use their achievements. Moreover, it proclaims that the cultural and spiritual values, as well as intellectual property are protected by the State and law.
The Constitution also contains provisions which can be extended to intellectual property in Article 12, on various forms of ownership, where the State is obliged to guarantee the freedom of economic activity, entrepreneurship, equality of rights and the protection of all forms of ownership including private ownership.
Available Texts
Main text(s)
Main text(s)
Russian
Конституция Республики Таджикистан
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Tajik
Конститутсияи (Сарқонуни) Ҷумҳурии Тоҷикистон
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English
Constitution of the Republic of Tajikistan
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Legislation
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WIPO Lex No.
TJ001