Border forces of the State Committee for
National Security of the Republic of Tajikistan

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Legislation

LAW
OF THE REPUBLIC OF TAJIKISTAN
ON THE BORDER TROOPS
OF THE STATE COMMITTEE FOR NATIONAL SECURITY OF THE REPUBLIC OF TAJIKISTAN

Adopted by the Decision of the Supreme Council of the Republic of Tajikistan
on November 25, 2004, No. 1255
(Herald of the Supreme Council of the Republic of Tajikistan, No. 11, 2004, Article 620)

Adopted by the Decision of the National Council of the Supreme Council of the Republic of Tajikistan
on February 11, 2005, No. 596
(Herald of the Supreme Council of the Republic of Tajikistan, No. 2, 2005, Article 72)
(Herald of the Supreme Council of the Republic of Tajikistan, 2005, No. 3, Article 121; 2008, No. 3, Article 186; 2014, No. 11, Article 657; Law of the Republic of Tajikistan, March 15, 2016, No. 1287; May 17, 2018, No. 1524)

This law establishes the legal foundations, principles of organization and activities, objectives, structure, powers of the Border Troops of the State Committee for National Security of the Republic of Tajikistan, and the types of inspection and control of their activities.

Article 1. Border Troops of the State Committee for National Security of the Republic of Tajikistan

The Border Troops of the State Committee for National Security of the Republic of Tajikistan (hereinafter referred to as the Border Troops) are a special branch of the military forces intended for the protection and defense of the State Border of the Republic of Tajikistan (hereinafter referred to as the State Border), territorial integrity, sovereignty, and security of the Republic of Tajikistan. (Law of the Republic of Tajikistan from March 20, 2008, No. 365)

Article 2. Legislation of the Republic of Tajikistan on Border Troops

The legislation of the Republic of Tajikistan on Border Troops is based on the Constitution of the Republic of Tajikistan and consists of this Law and other normative legal acts of the Republic of Tajikistan, as well as international legal acts recognized by the Republic of Tajikistan. (Law of the Republic of Tajikistan from May 17, 2018, No. 1524)

Article 3. Principles of the Border Troops’ Activity

The activity of the Border Troops is based on the following principles:

  • Legality;
  • Respect for and observance of the rights and freedoms of individuals and citizens;
  • Ensuring the security of the state;
  • Mutual respect for the sovereignty, territorial integrity of other states, and the stability of their state borders;
  • Mutually beneficial and comprehensive cooperation with border authorities of neighboring states;
  • Peaceful resolution of border issues;
  • Unity of the Border Troops system and centralized control;
  • Discipline and responsibility;
  • Compliance with the forms, methods, and means of open and covert activities;
  • Cooperation with state authorities, local self-government bodies, public associations, and citizens of the Republic of Tajikistan.

Article 4. Tasks of the Border Troops

The tasks of the Border Troops include:

  • Protection and defense of the State Border, territorial integrity, and economic interests of the Republic of Tajikistan on the State Border;
  • Ensuring compliance with the legislation of the Republic of Tajikistan on the State Border and fulfilling international obligations of the Republic of Tajikistan on border control issues;
  • Participation in addressing defense and security matters of the Republic of Tajikistan on the State Border;
  • Assisting law enforcement agencies and environmental protection authorities of the Republic of Tajikistan in safeguarding the rights and interests of citizens, natural resources, and the environment along the border.

Article 5. Leadership and Management of the Border Troops

The overall leadership and control over the activities of the Border Troops are carried out by the Chairman of the State Committee for National Security of the Republic of Tajikistan.

The direct leadership and operational management of the Border Troops is carried out by the First Deputy Chairman of the State Committee for National Security of the Republic of Tajikistan – Commander of the Border Troops of the State Committee for National Security of the Republic of Tajikistan, who is appointed and dismissed by the Decree of the President of the Republic of Tajikistan.

The First Deputy Commander of the Border Troops is also the Head of the Staff of the Border Troops.

Deputies of the Commander of the Border Troops are appointed and dismissed by the Decree of the President of the Republic of Tajikistan. (Law of the Republic of Tajikistan from March 15, 2016, No. 1287)

Article 6. Powers of the Chairman of the State Committee for National Security of the Republic of Tajikistan in Managing the Border Troops

The Chairman of the State Committee for National Security of the Republic of Tajikistan:

  • Ensures overall leadership and control over the activities of the Border Troops, forms the Military Council and approves its composition, determines the powers of the officials of the Border Troops concerning operational, organizational, staffing, financial, and other matters;
  • Organizes operational headquarters (groups) for coordination and leadership of joint operations on the State Border with the involvement of forces and means from other state bodies;
  • Represents the interests of the Border Troops in relations with the legislative, executive, and judicial bodies of state power of the Republic of Tajikistan, as well as with border authorities of foreign states;
  • Makes proposals to the President of the Republic of Tajikistan regarding the structure and size of the Border Troops, financing from the state budget;
  • Submits to the President of the Republic of Tajikistan drafts of decrees and decisions regarding the creation, reorganization, liquidation, location, and redistribution of units and subdivisions of the Border Troops, as well as concepts and plans for their development;
  • Approves the structure and staffing table of the units and subdivisions of the Border Troops, makes changes to the staffing table, material supply, salaries, and vehicles within the approved norms;
  • Submits to the Supreme Commander-in-Chief of the Armed Forces of the Republic of Tajikistan the regulations of the Border Troops for approval;
  • Grants military ranks to the personnel of the Border Troops, including ranks for officers up to and above the medium level, and also appoints promotions in service;
  • In coordination with the President of the Republic of Tajikistan, appoints representatives of the Border Troops in neighboring countries;
  • Proposes to the President of the Republic of Tajikistan the awarding of state honors and titles to military and civilian personnel of the Border Troops, as well as other individuals who assist in fulfilling the tasks of the Border Troops;
  • Exercises rights provided in the Disciplinary Charter of the Armed Forces of the Republic of Tajikistan concerning military personnel of the Border Troops;
  • Determines the procedure for exchanging operational information and specialized equipment with border authorities of foreign states;
  • Sends requests to the President of the Republic of Tajikistan regarding the travel of military personnel of the Border Troops outside the country;
  • Distributes funds allocated for the maintenance of the Border Troops;
  • Establishes norms and procedures for spending financial resources on operational activities, reconnaissance operations, and the protection of the State Border conducted by the Border Troops;
  • In coordination with the President of the Republic of Tajikistan, makes decisions on the reception of representatives from foreign border agencies in the Republic of Tajikistan and sends representatives of the Border Troops to other countries, determining expenses from the state budget;
  • Carries out other powers in accordance with the legal acts of the Republic of Tajikistan. (Law of the Republic of Tajikistan from March 20, 2008, No. 365)

Article 61. Powers of the Commander of the Border Troops

The Commander of the Border Troops:

  • Ensures direct leadership and operational management of the Border Troops, personally responsible for combat and service training, as well as the education of the personnel of the Border Troops;
  • Proposes to the Chairman of the State Committee for National Security of the Republic of Tajikistan (hereinafter referred to as the Chairman of the Committee) the organization of operational response headquarters (groups) and the leadership of joint operations when carrying out activities on the State Border with the involvement of forces and means from other executive bodies;
  • Proposes to the Chairman of the Committee regarding the structure, size of the Border Troops, and the staffing of military units and subdivisions of the Border Troops within the budgetary funding for the Border Troops;
  • Proposes to the Chairman of the Committee regarding the creation, reorganization, liquidation, placement, and relocation of military units and subdivisions of the Border Troops, as well as concepts and plans for improving and developing the Border Troops;
  • Exercises control over the conduct of intelligence, operational-search, and investigative activities in the Border Troops system in accordance with the legislation of the Republic of Tajikistan;
  • Appoints and relieves officers and warrant officers from military positions in the prescribed manner, grants military ranks up to the rank of captain (Decree of the President of the Republic of Tajikistan from March 15, 2016, No. 1287);
  • Proposes to the Chairman of the Committee for the awarding of state decorations and honorary titles to military and civilian personnel of the Border Troops, as well as other individuals assisting in fulfilling the tasks of the Border Troops;
  • Exercises other powers within the scope of his competence.
    (Decree of the President of the Republic of Tajikistan from March 20, 2008, No. 365)

Article 7. Structure of the Border Troops

The Border Troops consist of a central apparatus, the Border Troops Directorate in the regions, border detachments, military units, commandants’ offices, outposts, border crossing points, the Border Institute, medical and educational institutions, specialized units, and rear support units. (Decree of the President of the Republic of Tajikistan from March 15, 2016, No. 1287)

The size and structure of the Border Troops are approved by the Government of the Republic of Tajikistan. (Decree of the President of the Republic of Tajikistan from March 20, 2008, No. 365)

Article 8. Protection of Information About the Border Troops

Citizens of the Republic of Tajikistan who voluntarily joined the Border Troops and have access to information containing state secrets must undergo the procedure for clearance to state secrets. A breach of the obligation not to disclose state secrets entails responsibility as provided by the legislation of the Republic of Tajikistan.

Article 9. Forces and Means of the Border Troops

The Border Troops and the Border Troops’ agencies form part of the forces and means of the Border Troops.

The Border Troops carry out their combat and service activities in the protection of the State Border. This includes various operations conducted on the State Border, in border and near-border regions, as well as at crossing points and other facilities related to the border (Decree of the President of the Republic of Tajikistan from May 17, 2018, No. 1524).

The Border Troops agencies include intelligence agencies and border control agencies.

Intelligence agencies conduct reconnaissance and operational-search activities aimed at obtaining information on potential adversaries, as well as identifying, preventing, and eliminating reconnaissance and sabotage activities and other unlawful actions on the State Border and in the border zone using special means and methods (operational).

Border control agencies carry out the following activities:

  • Monitoring compliance with the order on the State Border, border regime, and crossing procedures;
  • Detection and prevention of crimes and offenses threatening the established order on the State Border;
  • Processing people, vehicles, goods, and animals through the State Border in collaboration with other state bodies (Decree of the President of the Republic of Tajikistan from March 20, 2008, No. 365).

Article 10. Cooperation of the Border Troops with Other Agencies

The Border Troops carry out their activities in cooperation with executive bodies, local government, and other organizations of the Republic of Tajikistan in coordination with the Chairman of the State Committee for National Security.

For the sake of national security, the Border Troops, along with the Chairman of the State Committee for National Security, inform the Ministry of Foreign Affairs of the Republic of Tajikistan of cases of State Border violations and investigations undertaken.

The Border Troops also cooperate with border agencies of foreign states and international organizations on border protection issues within the framework of international legal documents recognized by Tajikistan. (Decree of the President of the Republic of Tajikistan from March 20, 2008, No. 365)

Article 11. Activities of Official Representatives of the Border Troops

Official representatives of the Border Troops in neighboring countries conduct their activities based on bilateral agreements.

Article 12. Respect for Human Rights and Freedoms in the Activities of the Border Troops

The Republic of Tajikistan guarantees the respect for human rights and freedoms in the activities of the Border Troops.

Any limitation of human rights and freedoms by the Border Troops and their officials is only permissible in accordance with the laws of the Republic of Tajikistan and international legal acts recognized by Tajikistan. Actions that degrade the honor and dignity of citizens are also prohibited.

Officials of the Border Troops are obligated to provide citizens with information about the reasons for restrictions on their rights and freedoms if imposed by the Border Troops.

Information obtained in the course of the activities of the Border Troops regarding private citizens’ lives may not be disclosed without their consent, except in cases provided by the legislation of the Republic of Tajikistan.

Citizens whose rights and freedoms have been violated by the actions or inactions of Border Troops officials have the right to file a complaint with the higher authorities of the Border Troops, the prosecutor’s office, or the court.

Article 13. Rights and Duties of the Border Troops

The Border Troops are obliged to:

  • Prevent illegal changes and crossings of the State Border;
  • Prevent armed attacks on the territory of the Republic of Tajikistan and prevent armed conflicts at the State Border, protect the population and property;
  • Detect and detain violators of the State Border;
  • Prevent illegal crossing of the State Border and not allow violators to pass;
  • Ensure compliance with international legal norms related to the regime of the State Border;
  • Control the order at the State Border, including the regime of crossing and control at border checkpoints;
  • Perform military, reconnaissance, operational, and other tasks to ensure security at the border;
  • Investigate administrative violations related to the violation of the State Border regime within their competence;
  • Prevent violations related to the protection of the State Border;
  • If necessary, carry out border operations and control migration at border checkpoints.

The Border Troops have the following rights:

  • Build the necessary engineering and technical facilities on the territory provided for their use in accordance with the legislation of the Republic of Tajikistan;
  • Control the movement of people and vehicles at border checkpoints and in border areas;
  • To prevent violations of the State Border, check documents and vehicles, as well as detain violators to establish their identity and investigate violations.

In the event of a state of emergency in the border territories, additional powers may be granted to the Border Troops within the framework of protecting the State Border, in accordance with the legislation of the Republic of Tajikistan.

Article 14. Personnel of the Border Troops

The personnel of the Border Troops consists of military personnel and civilian employees of the Border Troops. The provision of personnel to the Border Troops is carried out in accordance with the legislation of the Republic of Tajikistan as follows:

  • For military personnel – based on voluntary enlistment and conscription of citizens of the Republic of Tajikistan for military service;
  • For civilian employees – based on voluntary employment.

Military personnel of the Border Troops (except for conscripted personnel) are issued service identification cards, the sample of which is approved by the Chairman of the State Committee for National Security of the Republic of Tajikistan.

Military service in the Border Troops is carried out in accordance with the legislation of the Republic of Tajikistan.

The labor activity of civilian employees of the Border Troops is carried out in accordance with the labor legislation of the Republic of Tajikistan.

Training, retraining, and professional development of personnel and specialists of the Border Troops are organized in military educational institutions of the Republic of Tajikistan, training centers (schools), as well as based on international agreements in military educational institutions of other countries.

Article 15. Civilian Employees of the Border Troops

(According to the Law of the Republic of Tajikistan dated 20.03.08 No. 365, this article was excluded)

Article 16. Use of Physical Force, Special Means, Weapons, and Military Equipment in the Activities of the Border Troops

The Border Troops ensure the protection of the State Border within the border area using weapons and military equipment to prevent armed attacks on the territory of the Republic of Tajikistan, prevent attempts to illegally export aircraft, sea vessels, and other transport means, as well as weapons and military equipment. (According to the Law of the Republic of Tajikistan dated 27.11.14 No. 1148; 17.05.2018 No. 1524)

Weapons and military equipment may also be used in the following cases: (According to the Law of the Republic of Tajikistan dated 27.11.14 No. 1148)

  • Against individuals, aircraft, sea vessels, and transport means violating the established procedure for crossing the State Border, in response to their use of force, or in cases where preventing the violation of the border or detaining violators by other means is impossible;
  • To protect citizens from attacks threatening their life and health;
  • To rescue hostages;
  • To repel attacks on military personnel, those performing tasks to protect the State Border, and their families if their lives are at risk;
  • To repel attacks on Border Troops, Armed Forces of the Republic of Tajikistan, and other law enforcement agencies involved in the protection of the State Border, including providing assistance to sea vessels, aircraft, and helicopters in case of an attack on them.

Before using weapons and military equipment, clear warning information should be provided, and warning shots should be made.

Weapons and military equipment may be used without warning in the event of armed aggression on the territory of the Republic of Tajikistan, a sudden or armed attack on military personnel and other citizens, an attack using military equipment, aircraft, sea vessels, and other transport means, armed resistance, when detained persons attempt to flee, or for the release of hostages. (According to the Law of the Republic of Tajikistan dated 27.11.14 No. 1148; 17.05.2018 No. 1524)

Military personnel have the right to use weapons to neutralize animals threatening the life and health of military personnel and other citizens, as well as to signal an alarm or call for help. (According to the Law of the Republic of Tajikistan dated 27.11.14 No. 1148)

The use of weapons and military equipment is prohibited: (According to the Law of the Republic of Tajikistan dated 27.11.14 No. 1148)

  • Against women and minors, except in cases of armed attacks from their side or armed resistance and attacks by a group threatening lives;
  • Against aircraft, sea vessels, and other transport means with passengers;
  • Against individuals illegally crossing the State Border if the action is accidental or resulted from an accident or natural factors.

While performing tasks related to the protection of the State Border in the border zone, military personnel of the Border Troops use special means (handcuffs or other restraining devices, rubber truncheons, gas substances, means to distract attention, means to restrict vehicle movement), physical force, including combat techniques, as well as service dogs. (According to the Law of the Republic of Tajikistan dated 17.05.2018 No. 1524)

Article 17. Legal and Social Protection of Military Personnel of the Border Troops and Their Families

Military personnel of the Border Troops enjoy the rights, benefits, guarantees, and state compensation, as well as the legal status established by the regulations of the Republic of Tajikistan for military personnel and their families.

Military personnel of the Border Troops, while performing their duties, act as representatives of the authorities and are under the protection of the state.

Compliance with the demands of military personnel of the Border Troops by citizens and officials is mandatory. In case of illegality of such demands regarding the actions of military personnel of the Border Troops, a complaint can be filed in accordance with the legislation of the Republic of Tajikistan.

Illegal actions against military personnel of the Border Troops and citizens helping them protect the State Border, including refusal to comply, insults, resistance, threats, physical violence, or attempts on their life, health, and property, as well as other actions obstructing the fulfillment of their duties, will result in liability under the legislation of the Republic of Tajikistan.

Civilian employees of the Border Troops, if involved in activities related to the protection of the State Border, but not related to their immediate official duties, enjoy the rights granted to military personnel.

The financing of military personnel of the Border Troops is carried out through base salaries, allowances for military rank, service length bonuses, and other additional payments. The amount and procedure for payments to military personnel of the Border Troops are determined by the President of the Republic of Tajikistan.

Article 18. Responsibility of Military Personnel of the Border Troops

Military personnel of the Border Troops make decisions within their competence, as defined by this Law and other regulatory acts of the Republic of Tajikistan. For their illegal actions, they are held responsible in accordance with the current legislation of the Republic of Tajikistan. For violations of the order established by the legislation of the Republic of Tajikistan concerning customs and traditions, military personnel of the Border Troops may be dismissed from their position. (According to the Law of the Republic of Tajikistan dated 17.05.2018 No. 1524)

If a military personnel of the Border Troops carries out an illegal order (directive), the responsibility for its execution lies with the official who issued the order (directive).

Article 19. Weapons, Ammunition, and Equipment of the Border Troops

The Border Troops are provided with weapons, ammunition, military equipment, and special means, as well as military-technical property necessary for carrying out the tasks assigned to them. (According to the Law of the Republic of Tajikistan dated 27.11.14 No. 1148)

Repair of weapons, ammunition, and equipment of the Border Troops is carried out at enterprises subordinate to the Border Troops, as well as in institutions under the jurisdiction of state defense bodies and other executive bodies, in the manner established by the Government of the Republic of Tajikistan, as well as in enterprises of foreign countries in accordance with international agreements recognized by Tajikistan. (According to the Law of the Republic of Tajikistan dated 27.11.14 No. 1148)

Quality control of weapons, ammunition, military equipment, and special equipment is carried out by representatives of the Border Troops, in the manner established by the Government of the Republic of Tajikistan. (According to the Law of the Republic of Tajikistan dated 27.11.14 No. 1148)

Article 20. Financial and Material-Technical Support of the Border Troops

Financial and material-technical support of the Border Troops is carried out from the state budget of the Republic of Tajikistan.

The norms and procedures for material-technical support of the Border Troops are established by the Government of the Republic of Tajikistan based on the proposal of the Chairman of the State Committee for National Security of the Republic of Tajikistan.

Article 21. Prosecutorial Control

Control over the observance of legality and uniformity of law enforcement in the activities of the Border Troops is carried out by the General Prosecutor of the Republic of Tajikistan and subordinate prosecutors within their powers. (According to the Law of the Republic of Tajikistan dated 20.03.08 No. 365)

Article 22. Entry into Force of this Law

This Law enters into force after its official publication.

President of the Republic of Tajikistan, Emomali Rahmon

Dushanbe, March 1, 2005, No. 82

Tajikistan and the Tajik people are represented by the Border Troops, who are reliable and dedicated protectors of the borders of the homeland and the achievements of national independence.

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