Issues in relation to which referendums are optional at the national level

(OptionalReferendum)

Constitutional Law onReferendum 

(Enacted in 1995)

http://www.legislationline.org/documents/id/6770

(Official English Translation)

Article 1. Definition of referendum in theRepublic of Tajikistan

Referendum in theRepublic of Tajikistan is a national voting on the more important issues ofstate and public life.

(Excludedissues)

Article 2. Issues beyond referendum of theRepublic of Tajikistan

In accordance withArticle 100 of the Constitution of the Republic of Tajikistan, republican formof governance, territorial integrity, democratic, legal, secular and socialessence of the state are immutable and are not subject to solicitation byreferendum in the Republic of Tajikistan.

Issues ofterritorial division, taking emergency and urgent measures for protection ofthe public order, protection of health and security of the population, changingstatus and territorial integrity of Mountainous Badakhshan Autonomous Region,as well as issues related to appointing to and relieving of posts that are incompetence of Majlisi Milli and Majlisi Namoyandagon Majlisi Oli of theRepublic of Tajikistan, joint sessions of Majlisi Milli and MajlisiNamoyandagon, President of the Republic of Tajikistan, and issues regardingexecution of international agreements by the Republic can not be brought up tothe referendum.

Article 9. Initiative on Proposing Referendum

Initiative onproposing amendments to the Constitution belongs to the President or at least1/3 of total number of members of Majlisi Milli and deputies of MajlisiNamoyandagon Majlisi Oli of the Republic of Tajikistan.

Initiative onproposing referendum, except the issues mentioned in part 1 of the presentArticle belongs to not less than 1/3 of total number of members of MajlisiMilli Majlisi Oli of the Republic of Tajikistan or not less than 1/3 of totalnumber of deputies of Majlisi Namoyandagon Majlisi Oli of the Republic ofTajikistan.

Referendumsare optional for the most important issues of state and public life. Thisexcludes Constitutional amendments and issues outlined in Article 2 of theConstitutional Law on Referendum (1995). See source for more information.