Last Change:

03/16/2025

Procedural Code on Administrative Offenses of the Republic of Tajikistan

Year: 2013

Type: Domestic law

Rights Category: Liberty & security of person

Description

Процессуальный Кодекс об администартивных правонарушениях Республики Таджикистан

Selected provisions
Article No.61 - Administrative Detention

1) Administrative detention, meaning the temporary restriction of an individual's freedom, may be applied in exceptional cases if necessary to ensure the timely and proper consideration of a case, as well as the execution of a ruling on an administrative offense.

2) Administrative detention of a person who has committed an administrative offense is carried out by authorized officials of:

- Internal affairs bodies;
- Customs authorities;
- Forestry and hunting authorities;
- Paramilitary security forces;
- State Automobile Inspectorate;
- Military Automobile Inspectorate;
- Border troops of the national security authorities of the Republic of Tajikistan;
- Captains of small river vessels and commanders of aircraft;
- National security authorities of the Republic of Tajikistan;
- Drug control agencies under the President of the Republic of Tajikistan;
- State financial control and anti-corruption bodies of the Republic of Tajikistan.
3) The relatives of the detained person, as well as their workplace (or educational institution) administration and their legal defender, must be immediately notified of their whereabouts.

4) If a minor is administratively detained, their parents or other legal representatives must be informed without delay.

5) The detained person must be informed of their rights and obligations as stipulated by this Code, with a corresponding entry made in the administrative detention protocol.

6) A prosecutor has the authority to issue a decision for the release of an unlawfully detained person, which must be executed immediately.

Article No. 63 - Periods of Administrative Detention

1) The period of administrative detention for a person who has committed an administrative offense shall not exceed three hours, except in cases provided for in parts 2 and 3 of this article. In exceptional cases, due to special necessity, for persons without a fixed place of residence, the period of administrative detention may be extended to up to ten days with a court sanction.

2) A person subject to administrative proceedings for an administrative offense related to violating the State Border Regime of the Republic of Tajikistan, the rules of stay in the Republic of Tajikistan, or customs regulations may, if necessary, be administratively detained for up to 24 hours from the moment of detention, with a written notification to the prosecutor, or for up to ten days with a court sanction, provided that the person does not possess identity documents.

3) A person subject to proceedings for an administrative offense for which administrative arrest is prescribed as one of the administrative penalties may be administratively detained until the case is reviewed by a judge, with a written notification to the prosecutor. In this case, the period of administrative detention shall not exceed 24 hours from the moment of detention.

4) The period of detention and custody of foreign citizens or stateless persons for violating visa regulations and rules of stay is regulated in accordance with the provisions of this Code. At the request of the Prosecutor General of the Republic of Tajikistan, their deputies, prosecutors of the Gorno-Badakhshan Autonomous Region, other regions, the city of Dushanbe, the transport prosecutor of Tajikistan, or their deputies, in exceptional cases, a court may extend the detention period for these individuals to up to one month.

5) The period of administrative detention of a person who has committed an administrative offense is calculated from the moment of their delivery, while for a person in a state of intoxication, as confirmed by a medical examination document, it is counted from the moment of their sobering up.

Article No.59 - List of Measures to Ensure Administrative Offense Proceedings

1) In order to prevent an administrative offense, establish the identity of the person who committed the offense, determine their involvement in the offense, draw up the protocol for the administrative offense (if this cannot be done at the place where the offense was committed or if it is necessary for the timely and proper consideration of the case and the enforcement of the decision made), authorized state bodies (officials) have the right, within their powers, to apply the following measures to individuals in relation to administrative offense proceedings:

- Delivery of the person who committed the administrative offense to the place for drawing up the protocol for the administrative offense;
- Administrative detention;
- Compulsory bringing;
- Personal search and search of vehicles, small boats, documents, premises, and property;
- Seizure of property and documents;
- Removal from management of a vehicle or small boat;
- Medical examination and intoxication testing;
- Seizure of a vehicle or small boat, prohibition of their use;
- Arrest of goods, vehicles, and other property;
- Temporary suspension of activities.

2) The following measures may be applied to legal entities in administrative offense proceedings:

- Inspection of premises, territories, and property, vehicles, and relevant documents belonging to the legal entity;
- Seizure of documents and property belonging to the legal entity;
- Seizure of vehicles or small boats, prohibition of their use;
- Arrest of goods, vehicles, and other property;
- Temporary suspension of activities.
3) Damage caused to individuals and legal entities as a result of unlawful application of measures to ensure administrative offense proceedings must be compensated in accordance with the civil legislation of the Republic of Tajikistan.