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TAJIKISTAN

THE LAW OF THE REPUBLIC OF TAJIKISTAN


On the Agency for the state financial control 
and struggle against corruption of the Republic of Tajikistan

(News of the Majlisi Oli of the Republic of Tajikistan, 2008, No., item 193; 2009, No.5, item 323)

CHAPTER 1. GENERAL PROVISIONS

    Article 1. Agency for the state financial control and struggle against corruption of the Republic of Tajikistan 

 1. The Agency for the state financial control and struggle against corruption of the Republic of Tajikistan (further referred to as Agency) being the authorized body of the state financial control and law enforcement body carries out the state financial control on an effective utilization of public funds and the state property for the maintenance of economic safety of the state through prevention, preventive maintenance, revealing and suppressing corruption offences, disclosing, inquiry and preliminary investigation of corruption crimes, economic crimes of corruption nature and crimes connected with taxes, and also other problems provided by the present Law and other standard legal acts of the Republic of Tajikistan.
2. The agency is accountable to the President of the Republic of Tajikistan on its activity, and submits the results of investigations and financial checks to Majlisi Oli of the Republic of Tajikistan

Article 2. Legal basis of the activity of the Agency 

1. The legal basis of the activity of the Agency is regulated by the Constitution of the Republic of Tajikistan, the present Law, other standard legal acts of the Republic of Tajikistan, and the international legal acts acknowledged by Tajikistan. 
2. The Agency’s activity on the state financial control is carried out on the basis of the Law of the Republic of Tajikistan “On state financial control in the Republic of Tajikistan”

Article 3. Objectives and basic directions of the activity of the Agency

Objectives and basic directions of the activity of the Agency are the following:
- Participation in development and realization of the state policy in the field of struggle against corruption;
- Maintenance, within the limits of its powers, of human rights and freedoms of the citizens, public economic safety, protection of the rights and legitimate interests of subjects of enterprise activity, the society and the state;
- Realization of the struggle against corruption in all branches of the government, local public authorities and local government, public organizations, political parties, banks, enterprises, establishments and other organizations, irrespective of organizational-legal forms;
- Realization of the state financial control in all branches of the government, local public authorities and local government, state enterprises, establishments and organizations, and also others provided by the legislation of the Republic of Tajikistan through the following cases:
- Carrying out the following operations - searching actions with the purpose of  prevention, preventive maintenance, revealing, suppression and disclosing corruption crimes, economic crimes of corruption nature, crimes connected with taxes, and searching for persons who committed such crimes;
- Carrying out of inquiry and preliminary investigation of corruption crimes, economic crimes of corruption nature and crimes connected with taxes;
- Coordination of the activity of bodies in the struggle against corruption within their powers;
- Realization of international cooperation on issues concerning the authorities of the Agency.

    Article 4. Principles of the activity of the Agency 

The activity of the Agency is carried out according to the following principles:
- Legality;
- Respect and observance of the rights and freedom of the human and the citizen;
- Equality of all before the law; 
- Individual responsibility and centralized managements;   
- Use of the open and covert forms and activity methods;
- Communications with the population and  the public opinion account in activity;
- Nonpartisanship.

      Article 5. Observance of citizens’ rights in the activity of the Agency

1. The agency within the limits of its authority protects the rights and freedom of each person and citizen irrespective of their citizenship, residence, nationality, race, gender, language, religion, political convictions, education, social and property status. 
2. The employee of the Agency is obliged, in all cases of restriction of the rights and freedom of a citizen, foreign citizen, or person without citizenship, to explain the basis and cause for such restriction.
3. The employee of the Agency provides the right of protection and other rights of the detained persons, in necessary cases conducts their judicial - physical examination, immediately informs their relatives and the administration of their place of work or study of their detention, and within 24 hours – informs the public prosecutor, if necessary takes measures on rendering of pre-medical help and also eliminates the danger of threats to life, health or property as a result of the detention or imprisonment of the specified persons. 
4. The agency does not have the right to collect, store, use and extend the information on private life of the person without his consent, except for cases provided by the present Law and other laws of the Republic of Tajikistan. 
5. Restriction of the rights and freedom of the person or citizen, except in cases provided by the law, is forbidden. The agency is obliged to provide to the person access to the materials limiting his rights and freedom.
6. The person considering that his rights and freedom are infringed by the actions of bodies of the Agency or officials has the right to address complaints regarding the actions of these bodies and officials to the Agency’s higher body, Office of the Public Prosecutor or court.

    Article 6. Non-interference in the activity of the Agency 

 1. Intervention of state bodies, public associations, political parties, religious organizations, mass media’s representatives and officials is forbidden in the Agency’s activity on realization of their authority.
 2. Influencing an the employee of the Agency in any way for the purpose of preventing the realization of his official duties or pressuring him for the purpose of accepting an illegal decision is subject to the responsibility and consequences provided by the legislation of the Republic of Tajikistan.
 3. Employees of the Agency are not obliged to give any comments regarding the affairs and materials which are in their possession, or to submit them for review except for the cases provided by the legislation of the Republic of Tajikistan.

Article 7. Obligation of the performance of requirements of the Agency’s employees

1. Requirements of the Agency’s employees in accordance with their authority, as stated in the present Law, should be carried out without fail within the target dates.
2. State governing bodies of the Republic of Tajikistan, the enterprises and institutions, the state organizations and physical and legal bodies, irrespective of organizational-legal forms are obliged to represent the necessary information on demand of the Agency’s bodies and to cooperate with performing the tasks assigned to them.
3. Statistical information and other data, documents or their copies necessary for realization of Agency’s authorities or investigation of crimes will be issued at the request of employees of the Agency’s bodies gratuitously.
4. Officials, citizens, foreign citizens and persons without citizenship are obliged to appear at the call of Agency’s employees to give explanations regarding the questions defined during inspection, according to the legislation of the Republic of Tajikistan.
5. For refusal or disobedience of officials, citizens, foreign citizens and persons without citizenship to timely submit messages or necessary documents provided by standard legal acts of the Republic of Tajikistan, submission of false information by lawful inquiry of Agency’s bodies, and refusal to appear on the proved call of Agency’s employees, persons will be brought to account according to the legislation of the Republic of Tajikistan.

Article 8. Coordination of bodies’ activity on the struggle against corruption 

Coordination of bodies’ activity on struggle against corruption and crimes of an economic nature is carried out by the Agency according to the order established by the Position on coordination of bodies’ activity on struggle against corruption approved by the President of the Republic of Tajikistan. 

Articles 9. Participation in lawmaking activity

The Agency in the course of realization of its authority in carrying out standard legal acts has the right to make proposals to the authorized subject having the right to initiate legislation, or through the body which has accepted the standard legal acts, on acceptance, modification and additions or recognition become invalid for standard legal acts.

Article 10. Consideration of appeals

Agency bodies consider complaints, statements and other appeals of citizens and legal bodies regarding offences, check and investigate those which are included in the Agency’s jurisdiction according to the legislation of the Republic of Tajikistan, and take measures to eradicate these infringements.

CHAPTER 2. SYSTEM, STRUCTURE AND ORGANIZATIONAL 
ACTIVITY OF THE AGENCY BODIES

Article 11. System and structure of the bodies of the Agency

1. Agency bodies are led by the Director of the Agency. 
2. Agency bodies have a uniform centralized system consisting of a Central office, local bodies of Agency management in Badakhshan Autonomous Region, Dushanbe city, regional departments, and the specialized body of the Agency - Agency Department on transport.
3. The structure of Central office, local and specialized bodies consists of divisions of the state financial control, search-operation, investigatory and other units.
4. Formation, reorganization and liquidation of bodies of the Agency and the structures subordinated to it, and also the strengthening the organization – establishing positions in the bodies of the Agency, confirmation of the Agency regulations, the structure of the Central office and the scheme of Agency management are made by the President of the Republic of Tajikistan. The structure of divisions of the Central office, and local and specialized bodies of the Agency is affirmed by the Director of the Agency. 
5. The Agency, and its local and specialized bodies are legal bodies and have the right to an operational administration and to hold property and household and economic goods appointed to them.

 Article 12. The director of Agency

The director of Agency:
- is appointed to the position and is dismissed by the President of the Republic of Tajikistan;
- directly obeys to the President of the Republic of Tajikistan;
- Performs the leadership of bodies and establishes the competence and responsibility of deputies, chiefs of central administrative boards, management, departments, branches and heads of other divisions of the Agency.

Article13. Authority of the Director of the Agency

The Director of Agency has the authority to perform the following duties:
- Within the established authorities supervises the structural units of the Agency, gives instructions and inspects their execution;
- Confirms positions of structural units;
- Presents proposals to the President of the Republic of Tajikistan concerning the organization, reorganization and liquidation of the bodies of Agency and its subordinated structures, and carries out organizational, personnel, and material strengthening of its bodies, brings amendments to the Agency Regulations, structure of Central office and its scheme of management;
- Confirms the estimate of expenses and the schedule of the staff of the Agency within the limits of funds for salaries and the quantity of employees established by the President of the Republic of Tajikistan;
- Appoints and dismisses chiefs of central administrative boards, management and departments of the Central office, chiefs of departments of the Badakhshan autonomous region, areas, Dushanbe  city, transport and regional departments in coordination with the President of the Republic of Tajikistan;
- Appoints and dismisses the officials and other ranking officers in the Central office, management of Badahshan autonomous region, Dushanbe city, transport and regional departments, and other employees of the Central office; 
- Submits the work plan of the state financial control of the Agency to the President of the Republic of Tajikistan for approval 
- Submits the report on Agency activity for every half-year to the President 
- Submits the report, conclusions and results of control - analytical activity, financial checks and audits, performance of profitable and account parts of state and local budgets, efficient use of funds, and state property to the President of the Republic of Tajikistan, and also the report on results of financial checks to Majlisi Oli of the Republic of Tajikistan;
- Develops and submits the draft laws, decrees and orders of the President of the Republic of Tajikistan and decisions and assignments of the Government of the Republic of Tajikistan on issues concerning the authority of the of Agency for consideration in the established order; 
- Participates in the development of designs of standard legal acts concerning maintenance of economic safety of the state, state financial control, and the struggle against corruption;
- Within the limits of its authority confers the employees of the Agency with special ranks according to the legislation of the Republic of Tajikistan;
- Submits offers to the President of the Republic of Tajikistan about the conferment of higher special ranks to the administrative board of Agency;
- Solves issues on encouragement and disciplinary punishment according to established policies;
- Submits offers to the President of the Republic of Tajikistan about rewarding employees of the Agency with state awards;
- Within the limits of its authority accepts orders of standard and non standard character;
- Directs the written instructions and requirments to eliminate financial lacks and offences of a corruption nature to officials, for which consideration is obligatory by both officials of the corresponding bodies and the organizations;
- Cancels decisions accepted by the structural divisions of the Agency which are in contradiction with the legislation of the Republic of Tajikistan, if legislation does not establish other policies for their cancellation;
- Represents the Agency before public authorities of the Republic of Tajikistan and abroad;
- Arranges cooperation with corresponding bodies of foreign countries and international organizations concerning state financial control and the struggle against corruption accourding to established policy;
- Provides and supervises performance of obligations under the international agreements and international legal acts acknowledged by Tajikistan;
- Carries out other responsibilities provided by legislation.

Article 14. The first deputy and deputy directors of the Agency
   
1. The first deputy and deputy directors of the Agency are appointed to the position and dismissed by the President of the Republic of Tajikistan and report directly to the Director of the Agency.
2. Deputy directors of the Agency carry out office activity within the limits of the official duties established by the director of the Agency and supervise the fields of activity of the Agency assigned to them. With this aim, and by the instructions of the Director of the Agency, they carry out their separate duties.


Article 15. Central office 

1. Within the limits of its authorities, the central office provided by the present Law and Position on Agency carries out duties of interbranch coordination and other responsibilities for prevention, preventive maintenance, revealing, suppression of corruption offences, disclosing, inquiry and preliminary investigation of corruption crimes, economic crimes of a corruption nature and crimes connected with taxes.
2. There are central administrative boards, management, departments, parts and sectors in the Central office. There are management, departments, parts and sectors having operatives on especially important issues, seniors operatives, the senior investigators on especially important issues, the senior investigators, investigators, the main inspectors, the senior inspectors, inspectors, the main specialist, leading specialists and specialists in the main departments.

Article 16. Structure of the board of the Agency

The board is created by the President of Republic Tajikistan for the decision of major issues regarding the activity of the Agency and the Director of the Agency from among the first deputy, deputies of the director and chiefs of central administrative boards and management according to the number provided by the Position about Agency, by the submission of the Director of the Agency.

Article 17. Local and specialized bodies of the Agency

1. Local and specialized bodies of the Agency in the fixed administrative territory within the limits of their authorities carry out the duties assigned to them.
2. Local and specialized bodies of the Agency are led by the corresponding chiefs.
3. Departments or sectors are created in local and specialized bodies of the Agency 
4. There are management, departments, parts and sectors having operatives on especially important issues, seniors operatives, the senior investigators on especially important issues, the senior investigators, investigators, the main inspectors, the senior inspectors, inspectors, the main specialist, leading specialists and specialists in the Local and specialized bodies of the Agency.
5. Chiefs of local specialized bodies of the Agency submit offers to the Director of the Agency on quantitative changes of staff of subordinated structures.
6. Chiefs of local specialized bodies of the Agency within the limits of their authority hire employees and release them from their work.
7. Chiefs of local specialized bodies of Agency within the limits of their authority issue orders and instructions which their performance is obligatory for subordinates.

CHAPTER 3. THE COMPETENCE OF BODIES OF THE AGENCY

Article 18. Obligations of bodies of the Agency

1. Agency bodies in connection with the tasks set before them are obliged to do the following:
- To define priority directions in the struggle against corruption;
2. To develop and carry out programs and plans for measures in the struggle against corruption within the scope of their authority;
- To participate in the development and realization of programs in the struggle against criminality in the Republic of Tajikistan;
- To carry out the struggle against corruption in all branches of the government, local public authorities and local government, public associations, political parties, banks, enterprises, institutions and other organizations, irrespective of organizational-legal forms;
- To warn, prevent, reveal and eliminate corruption offences and to check on them;
- To struggle against legalization (laundering) of financial resources or other property received illegally;
- To conduct inquiry and preliminary investigation according to the criminally-remedial legislation of the Republic of Tajikistan;
- To carry out search operations for the purpose of preventive maintenance, prevention, revealing, suppression, and disclosing corruption crimes, economic crimes of a corruption nature and crimes connected with taxes;
- To take measures for restoration of property and financial damages;
- To protect state secrets protected by the law and other data, which become known in the course of performing duties;
- To review complaints and statements, information and data, and materials of financial and economic activity, conducting office investigations concerning public servants connected with offences of a corruption nature;
- At infringement of legitimate rights and interests of citizens by the employees of the Agency the violated rights of citizens should be restored, compensation given for the damage caused, and measures taken to bring to account the guilty persons according to established policies;
- To provide for the personal safety of workers of the Agency and members of their families if it is necessary; 
- To carry out other duties provided by standard legal acts of the Republic of Tajikistan.

Article 19. The rights of bodies of the Agency

Bodies of Agency within the authority of the performance of duties assigned to them have the following rights:
- To address judicial bodies with claims according to the legislation of the Republic of Tajikistan;
- To direct written instructions and proposals regarding the physical and legal entities promoting elimination of the reasons and conditions of fulfillment of crimes and other offences of a corruption nature, about which their consideration is obligatory and on resolution the Agency is informed;
- With a view of an establishment of conformity to the legislation of acts of the state bodies and their officials to bring representations in court about their cancellation or to corresponding public prosecutor about protest entering on similar acts;
- During audits, financial checks and investigatory actions to seal up cash desks, cash registers, buildings and places of storage of documents, money resources and material assets;
- To consider questions of making employees accountable in cases of refusal to grant documents, presentation of counterfeit or forged documents, refusal to perform the legal requirements for employees of bodies of the Agency concerning officials and proprietors of buildings, objects, warehouses, shops and other premises, irrespective of their organizational-legal forms.
- In the presence of authentic materials regarding a corruption crime according to policies defined by legislation to conduct personal survey, survey of hand luggage and luggage of passengers of all types of transport;
- For consideration and resolving issues in a certain field of activity to involve the appropriate scientific organizations and specialists;
- To establish councils in the sphere of certain activities, commissions, intradepartmental and interdepartmental groups;
- To examine statutory acts and projects for the purpose of defining the norms promoting corruption, and with that aim to have a research division;
- When investigating corruption offences and crimes, economic crimes of a corruption nature, crimes connected with taxes, in criminal cases to conduct checks of financial - economic activities, and in the presence of sufficient evidence, based on an Agency letter in cooperation with specialists from tax bodies, to hold tax checks of physical and legal bodies of business enterprises, irrespective of organizational-legal forms and their kinds of activity;
- To demand the original or copies of decisions, orders, and other necessary documents connected with corruption from any state bodies, public organizations, political parties, banks, enterprises, establishments and other organizations, irrespective of organizational-legal forms, and their officials, within the area of the Agency’s expertise according to the legislation of the Republic of Tajikistan during checks and (or) preliminary investigations;
- To co-operate with bodies of public authorities of the Republic of Tajikistan, corresponding bodies of foreign states and international organizations on issues related to the competence of the Agency;
- To demand carrying out of survey, examination, studying, audit, and estimation in necessary cases from authorized bodies and officials;
- To conduct search operations and investigatory actions for direct prevention of a crime, prosecution of the person suspected in performance of a crime, in the presence of the sufficient evidence to enter the territory and building of a ministry, department, enterprises, establishments, organizations, irrespective of organizational-legal forms, the ground areas of separate persons (except for diplomatic representatives, consular establishments and representations of international organizations accredited in the Republic of Tajikistan), and also frontier territories and the customs control with the presentation of a business card (to a special purpose building - on presentation of special permission);
- For carrying out of separate verifying actions, can temporarily stop or forbid the right of citizens in constructions and buildings;
- In urgent cases, under performance of duty to use vehicles and communications of the organizations irrespective of organizational-legal forms or citizens (except vehicles of foreign diplomatic representatives, consulates and other representations of the foreign states and the international organizations). The inflicted material damage is compensated to proprietors of vehicles and communication according to the legislation of the Republic of Tajikistan;
- To use gratuitously public funds in order to collect information;
- To encourage citizens who have assisted bodies of the Agency in performance  of duties, to declare and hand over citizens the appointed awards for the help in revealing crimes of  a corruption nature and arrested persons who committed crimes;
- To organize and use information systems; 
- To carry out other rights provided by the legislation of the Republic of Tajikistan.

Article 20. Search operation activity of bodies of the Agency

Operative divisions of bodies of the Agency carry out search operation activity according to the Law of the Republic of Tajikistan “On search operation activity”.

Article 21. Investigation of crimes by Agency bodies

Agency bodies conduct preliminary investigation on criminal cases assigned to them according to anti-crime legislation.

Article 22. The Temporary detention facility

For the purpose of keeping arrested persons the Agency has a temporary detention facility which is used according to the legislation of the Republic of Tajikistan.

CHAPTER 4. THE USE OF PHYSICAL FORCE, 
SPECIAL EQUIPMENT AND FIRE-ARMS BY THE EMPLOYEES OF THE BODIES OF AGENCY

Article 23. The rights, conditions and limits of using physical force, special equipment and fire-arms

Employees of the law-enforcement divisions of the Agency have the right to store and carry fire-arms and special means after a of special preparation process. They can use physical force, special equipment and fire-arms only in cases consistent with the Law of the Republic of Tajikistan “On militia”.


CHAPTER 5. SERVICE IN AGENCY BODIES

Article 24. Legal authority of the employee of bodies of the Agency 

1. An employee of the Agency is considered a citizen of the Republic of Tajikistan on service and within the reserve structure of the staff department of the Agency, to whom special rank is conferred as defined by the legislation of the Republic of Tajikistan. 
2. Employees of bodies of the Agency are representatives of the government and are under state protection. Performance of legal requirements of employees of the Agency is obligatory for all citizens and officials.
3. The employees of bodies of the Agency are issued service certificates to acknowledge their person and authority. The description of the service certificate is affirmed by the Director of the Agency.
4. Non-compliance with the legal requirements of the bodies of the Agency, insult, resistance, threat of force or attempts to take life, health, advantage and property of the employee of bodies of the Agency, members of his families, and close relations in connection with performance of official duties by them will entail the responsibility established by the legislation of the Republic of Tajikistan. Material damages obtained by an employee of the bodies of the Agency, members of his family and the close relations during performance of his official duties is compensated completely from state budget funds and the budget will be compensated at the expense of guilty persons according to the policy established by the legislation of the Republic Tajikistan legislation.
5. Employees of bodies of the Agency in the territory of the Republic of Tajikistan (irrespective of whether he is directly on duty or not) in cases when citizens or officials report, verbally or in writing, an offence of a corruption nature, or in cases when such an offense is directly revealed to him, is obliged to immediately notify his superior and the nearest body of the Agency.
6. Employees of bodies of the Agency are not responsible for damage caused by the use of physical force, special equipment and fire-arms if this damage is caused  within the requirements provided by the legislation of the Republic of Tajikistan.
7. An employee of a body of the Agency has the right to address a higher body or court on decisions and actions undertaken in relation to him.

Article 25. Legal regulation of labor relations of employees of the Agency

1. Labor relations of the employees of bodies of the Agency are regulated according to the present law, the law “On public service” of the Republic of Tajikistan, the Labor Code of the Republic of Tajikistan and Position on service order in law-enforcement divisions of the Agency, where it is not in contradiction with the present Law.
2. Order and conditions of inclusion in the reserve structure of the staff management department of bodies of the Agency are defined by the Position on service order in law-enforcement divisions of Agency and other standard legal acts.
3. Duration of the working day for employees of bodies of the Agency is established according to the Labor code of the Republic of Tajikistan. When search-operation activities and investigatory actions need to be performed, employees of bodies of the Agency can be involved in the performance of official duties over the established time, at night, days off, and holidays. In these cases employees are paid monetary compensation according to standard legal acts of the Republic of Tajikistan. Giving employees of bodies of the Agency duties which have been not assigned to them by the present Law and other laws of the Republic of Tajikistan is forbidden.

Article 26. Service in Agency bodies

1. Citizens of the Republic of Tajikistan who have reached 20 years old are accepted for service in Agency bodies according to their personal, moral, business, and professional qualities, and having necessary education and suitable health status for service in Agency bodies.
2. Citizens of the Republic of Tajikistan who are at least 35 years old are eligible for service in the law-enforcement divisions of the Agency. These age restrictions do not apply to persons who have performed service in the Agency from other law enforcement bodies.  
3. Persons who have a previous conviction, except for persons justified by the court, are not accepted for service in the Agency bodies.
4. Filling vacant positions in the Agency is done on a competitive basis and, in necessary cases for employment to supervising positions, on board representation according to the legislation of the Republic of Tajikistan.
5. For persons who do not have sufficient practical experience in a specialty, training for 6 months is established.
6. Employees will take the oath during reception into Agency bodies in accordance with the established policy for taking an oath for public office. 
7. Employees of bodies of the Agency are forbidden to hold other paid positions, to be the deputy of a representative body, a member of parties or political organizations, or to be engaged in business, except for scientific, creative and teaching activity.
8. Persons eligible for the military draft who have been appointed to the positions of junior, middle, senior and higher commanding offices of law-enforcement divisions of the Agency will be released from their military service according to established policies, and will be put on the special account of the law-enforcement divisions of the Agency.
9. Employees having military special ranks and class qualifying ranks, who are appointed to positions in law enforcement bodies of the Agency from other law enforcement bodies, power structures, or public authorities will keep their former ranks which are equivalent to special ranks of employees of the Agency, and their prior service time will be counted toward their term of service in the Agency. These rights also apply when employees of law enforcement bodies of the Agency transition to other law enforcement bodies or to public institutions.
10. Employees of law-enforcement divisions of the Agency will have a uniform issued free of charge. A sample of the uniform is approved by the President of the Republic of Tajikistan.
11. In cases when employees of law-enforcement divisions of the Agency are not provided with a uniform, they will be given compensation equal to the cost of these clothes.
12. The age limit of service in bodies of the Agency for men is 63 years old and for women 58 years old. For employees of law enforcement bodies of the Agency who have special ranks, their term of service will be defined by the Position on service order in law-enforcement divisions of the Agency.
13. An employee of a law enforcement body of the Agency who has served for 25 years has the right for retire based on his length of service, under the condition that for at least 12 years and 6 months of the term of his service he was an employee of the law enforcement bodies.
13. In necessary cases, the Director of the Agency can prolong the service term of the employee for 2 years. In this case, the employee can continue office activity on the basis of the urgent labor contract.
14. Other issues regarding service order in the Agency are regulated by the Position on service order in law-enforcement divisions of the Agency confirmed by the President of the Republic of Tajikistan.

Article 27. Special ranks of the employees of bodies of the Agency   

1. Employees of bodies of the Agency, depending on position and work experience, are conferred special ranks.
2. Special ranks of the employees of law enforcement bodies of the Agency are established by the Majlisi Mili of the Republic of Tajikistan.
3. The order of special ranks conferment on junior, average and senior commanding employees is defined by the Position on service order in law-enforcement divisions of the Agency and confirmed by the President of the Republic of Tajikistan.
4. The list of the positions assigned to generals and colonels of anticorruption service and justice in the Agency is affirmed by the President of the Republic of Tajikistan.
5. Special ranks are conferred for an entire lifetime. In case of retirement of an employee of law-enforcement divisions of the Agency, the special rank remains, with words “on the retired list” added to them.

Article 28. Material and social security of employees of the bodies of the Agency  

1. For maintenance of a corresponding standard living of the employees of Agency’s bodies and his family, there will be established a salary and corresponding privileges for the employee.
2. The salary of the employees of the Agency’s bodies consists of the official wage rate, plus additions for special ranks and length of service. 
3. Extra wages for special working conditions and other markup charges are also given to the employees of the Agency according to standard legal acts of the Republic of Tajikistan 
4. The official salary of the employees of the Agency’s bodies, and also the amount and order of payment of additional salary for special ranks, qualifying ranks and length of service are established by the President of the Republic of Tajikistan. 
5. Monetary indemnification will be paid to the employees of the law-enforcement divisions of Agency instead of a food ration, the amount of which is established by the legislation of the Republic of Tajikistan 
6. Employees of law-enforcement divisions of the Agency have the right of free travel to the Republic of Tajikistan’s territories on all types of transport of the city, regional, suburban and local systems (except for a taxi), in rural areas - on all kinds of passing transport; and employees of Agency Departments on rail transport during the performance of their duty.                           
7. Employees of bodies of the Agency during official travel have the right to be provided with hotel accommodations and tickets for all types of transport without waiting in line. 
8. When employees of bodies of the Agency are transferred to a permanent job in a new location, travel expenses for the employee and all family members are compensated completely.
9. Local public authorities are obliged to give office space to the employee appointed to the position, and when employees require improvement of their living conditions, it should be done right away (no later than within 6 months) irrespective of their term of residing in this settlement,. Employees of bodies of the Agency have the right to additional housing areas.
10. Until housing is provided for them, employees of the Agency have the right to compensation for rent for their habitation.
11. With the consent of the employees of the Agency’s bodies interest-free credit for a period of 20 years from the republican budget will be issued in substitution for an apartment, according to the established policies defined by the Government of the Republic of Tajikistan.
12. In apartments where employees of bodies of the Agency live, the phone will be established immediately, without needing to wait for their turn. In the same way there will be allocated places in preschool institutions, boarding schools, and summer improving establishments for children of the employees of Agency bodies.
  
Article 29. Labor leave of the employee of Agency

1. Employees of bodies of Agency will be granted 30 calendar days of paid leave annually.  Employees of law enforcement bodies of the Agency are issued pre-paid travel cards to recreation centers and back within the territory of the Republic of Tajikistan.
2. Employees of the Agency are also granted additional paid leave annually for their work experience in public service for the following duration:
- For a length of service over 5 years - 3 calendar days;
- For a length of service over 10 years - 6 calendar days;
- For a length of service over 15 years - 10 calendar days;
- For a length of service over 20 years - 15 calendar days.
3. Employees of the Agency’s bodies are issued other holidays provided by the Law of the Republic of Tajikistan “On public service”, Labor Code of the Republic of Tajikistan and the Position on service order in law-enforcement divisions of Agency.

Article 30. An order of provision of pensions for the employees of the Agency

1. When an employee of the law-enforcement divisions of the Agency is dismissed from service on reaching the established age, through illness, or completion of his term of serviced he will keep the employee privileges provided for employees of militia by the Law of the Republic of Tajikistan “On provision of pensions for the military men” including health services in medical institution where they are registered.
2. Calculation of the size of pension of the employee of the law-enforcement division of the Agency dismissed from service on reaching the established age, through illness, or based on service period is carried out based on his full salary. 
3. When specialists from judicial bodies, the Office of the Public Prosecutor, other law-enforcement divisions, and the militarized organizations are accepted for service in Agency bodies, every one year of their seniority is counted as one year of service time toward their pension and length-of-service bonus pay in law-enforcement divisions of the Agency.  For other citizens hired to serve in bodies of the Agency, every two years of their general seniority is counted as one year toward their pension and length-of-service bonus pay in law-enforcement divisions of the Agency.
4. Employees of law-enforcement divisions of the Agency who worked 20 or more years, will be paid a monthly additional stipend of 20 percent of their salary. Policies and conditions of payment of the specified extra stipend are defined by the Director of the Agency.
5. The provision of pensions for the division’s employees of the state financial control of the Agency is carried out according to the Law of the Republic Tajikistan “On provision of pensions for citizens”.
Article 31. Legal and social protection of employees of bodies of the Agency

1. Employees of bodies of the Agency are representatives of the government and are under state protection. Their relatives are under the same protection; and in special cases when, in order to hinder the lawful activity of bodies of the Agency, the life and health of other persons are threatened, they to are under the same protection.
2. The policies and conditions of realization of the state protection of employees of bodies of the Agency is defined by the legislation of the Republic of Tajikistan.
3. Employees of bodies of the Agency who die while performing their, and employees dismissed from bodies of the Agency, who die due to wounds or other health damage in connection with their office activity, will be buried at the expense of the means allocated for maintenance of bodies of the Agency.
4. In the case physical injury of an employee of the Agency which makes further employment for professional work impossible, a singe assistance payment will be paid in a sum of six-months wages, at the expense of the appropriate Agency funds, which will then be collected from the guilty persons.
5. Employees of bodies of the Agency are provided with obligatory personal state insurance at the expense of republican budget funds.
6. Monthly monetary compensation at a rate of the average monthly wage difference will be paid to the employees of bodies of the Agency disabled by injury or disease in connection with office activity that has made impossible their further professional activity.  They will also receive the appropriate pension, minus the cost of obligatory state insurance.
7. In case of the death of employees of bodies of the Agency in connection with office activity, and also those earlier dismissed due to wounds, injury, or disease received in service, the dependants under his care will receive the difference between his average wages and the his pension monthly for losses, without a fee for obligatory state insurance. This payment is divided between all members of a family who were under the care of the deceased, including able-bodied members of the family.
8. The family of the deceased has the right to receive the well arranged apartment in the condition it was in at the time of death of the employee of a body of the Agency.
9. Damage caused to employees of the bodies of the Agency, or members of their families, connected with performance of official duties will be compensated completely, including missed benefits, in accordance with the policies established by legislation.
10. The sentence or the decision of the court concerning the person recognized guilty of the death or wounding of an employee of the bodies of the Agency, or the destruction or damage of his property may be grounds for refusal to pay that person his insurance claim and compensation, provided that the given case is not connected with the performance of official duties.
11. Criminal cases in relation to employees of bodies of the Agency on corruption crimes, economic crimes of a corruption nature, and crimes connected with taxes will be instituted only by the court and the Director of the Agency for the state financial control and struggle against corruption of the Republic Tajikistan. If the Director of the Agency refuses to initiate a criminal case against an employee of the Agency, an investigative body or public prosecutor can address the issue in court.  In this situation, the court will consider whether to initiate a criminal case, in accordance with the legislation of the Republic of Tajikistan. (LRT from 19.05.09y, No.516) Investigation of a criminal case in relation to an employee of a body of the Agency is conducted by the investigators of bodies of the state financial control and struggle against corruption.

Article 32. The bases for service termination in the Agency bodies 

1. Service in Agency bodies terminates in case of dismissal, including in connection with leaving on pension.
2. Besides the reasons provided by the Labor Code, dismissal of workers by the initiative of the Director of the Agency are conducted in the following cases:
- Reaching the age limit of service in Agency bodies;
- The termination of citizenship of the Republic of Tajikistan;
- Expiration of the term of the service contract;
- Lack of observance of the conditions of the contract by the employee;
- Staff reductions;
- On the basis of the conclusion of a corresponding medical board about unfitness of the employee to service in connection with health;
- Based on the results of assessment;
- Repeated blatant infringement of office discipline;
- Performance of acts discrediting the honor of an employee of the Agency or infringement of an oath;
- Discovery of a verdict of guilty of court;
- Incidents of the employee disclosing data containing state, office and other secret information, protected by the law;
- Infringements of policies established by the legislation of the Republic Tajikistan about streamlining of traditions and ceremonies in the Republic of Tajikistan.
3. In case of service termination, the employee will be taken off  the special account of bodies of the Agency and will be placed back on the military account if he has not reached the age limit for passage of military service by persons of the reserve structure provided by the legislation of the Republic of Tajikistan.
4. In case of illegal discharge from the position (dismissal), the employee has the right to protect his rights through a judicial order.

CHAPTER 6. INTERNATIONAL LEGAL COOPERATION OF THE AGENCY

Article 33. The subject of the international legal cooperation

1. The agency, according to laws and international legal acts acknowledged by Tajikistan, carries out international legal cooperation with law enforcement bodies and other competent bodies of foreign states, and international organizations with the following aims:
- Protection of the rights and freedom of the persons and citizens;
-Struggle against corruption offences and crimes, economic offences and crimes of a corruption nature, and crimes connected with taxes;
- Indemnifications of the damage brought as the result of crimes;
- Rendering of mutual legal aid on criminal cases;
- Revealing and investigating transnational crimes of a corruption nature, searching persons who have committed crimes for the purpose of bringing them to justice, as established by the law;
- Prevention of legalization (laundering) of financial resources or other property, received illegally, injection into the economy of the capital acquired criminally, and also other economic crimes.
2. Within the limits of its authority the Agency establishes strong communications with corresponding bodies of other states and international organizations, cooperating with them and entering into agreements concerning legal aid and struggle against criminality. The Agency participates in the development of the international agreements of the Republic of Tajikistan.

Article 34. Principles of international legal cooperation 

The agency cooperates with law enforcement bodies of foreign countries on the basis of following principles: 
- Respect of the sovereignty of the states and constant observance of the national legislation and norms of international law;
- Equality of the parties involved; 
- Respecting the rights and freedom of citizens of the co-operating countries, and also the conventional norms of the international law;
- General cooperation and trust development between law enforcement bodies and other competent bodies of the co-operating countries;
- Faithful performance of international obligations.

Article 35. Authority of the Agency on international cooperation 

The Agency under international cooperation has the rights and the authority  provided by the legislation of the Republic of Tajikistan and acts of international law acknowledged by Tajikistan in the decision of following questions:
- In developing projects and programs for the struggle with organized crime of a corruption nature in territories of the cooperating countries, also participating in carrying them out;
- Organizes or assists in carrying out joint and coordinated search operations and investigatory actions to prevent and investigate crime in territories of cooperating countries;
- Renders the direct informational, organizational, legal and other support provided by legislation or international agreements with law enforcement bodies of the cooperating countries for preventing and revealing crimes, and searching of criminals;
- Assists and accepts assistance in professionally training bodies combating corruption; and carrying out scientific research in the field of struggle against criminality, protection of the rights and freedom of persons and the citizens;
- Participates in activity of international organizations combating corruption;
- Develops proposals on projects involving international agreements, and modifies and adds to acting agreements; 
-Carries out other authority provided by the legislation of the Republic of Tajikistan and other international acts acknowledged by Tajikistan.

 

 

CHAPTER 7. FINANCIAL AND MATERIAL - TECHNICAL 
MAINTENANCE OF BODIES OF THE AGENCY

Article 36. Financial and material - technical maintenance of bodies of the Agency 

1. Financial and material support of bodies of the Agency is carried out at the expense of the republican budget and at the expense of other financing sources provided by legislation. Agency bodies are provided with office accommodations, transport, communication facilities and other kinds of maintenance at the expense of the republican budget.
2. Agency bodies can be provided for at the expense of other sources and material means which have been not forbidden by the legislation of the Republic of Tajikistan.
3. Financial policies and norms - technical maintenance of bodies of the Agency are established by the President of the Republic of Tajikistan by the submission of the Director of Agency.
4. Agency bodies can have departmental available housing. 
5. Financial maintenance of activity of the Agency is carried out by the Central office. Protection of the buildings and property of bodies of Agency is assigned to Agency bodies.

Article 37. Assistance of local public authorities to the activity of Agency                  

Local public authorities are obliged to provide the bodies of the Agency with separate corresponding office accommodations which are located in their territory, and to assist in the realization of their duties.

CHAPTER 8. FINAL PROVISIONS

Article 38. Supervision of legality observance in the activity of bodies of the Agency

Supervision of exact and uniform performance of laws and other standard legal acts in Agency activity is carried out by the General public prosecutor of the Republic of Tajikistan and the public prosecutors subordinated to him within their authorities.

Article 39. Responsibility of employees of bodies of the Agency  

1. Employees of bodies of the Agency are subject to material, disciplinary, administrative and criminal responsibility for infringement of the legislation of the Republic of Tajikistan, abusing their office positions, excess of office authority, failure or inadequate performance of the duties assigned to them, according to the policies established by the legislation of the Republic Tajikistan.
2. In case of infringement of the rights and interests of citizens or causing damage to enterprises, establishments and other organizations, by the employees of the Agency, Agency bodies are obliged to take measures to restore the broken rights and, upon request of the citizen, to give an official apology. The losses are compensated according to the legislation of the Republic of Tajikistan.

Article 40. An introduction order in action of the present Law 

The present Law will be put into force after its official publication.

The President of the Republics Tajikistan, Emomaly Rahmon 
Dushanbe city, March 20, 2008,
No. 374
 

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