When I start thinking if we need a referendum when the country cries for resources to raise economy, to solve social problems I often put a question to myself: will those alterations and addenda forwarded by deputies today have improved the contents and style of the currently functioning Constitution? If to undertake a profound insight into the amendments suggested of being introduced into the Principal Law of the country it would not be difficult to notice that they go counter to what the Constitution contains upon the whole. I decided to share some of my considerations with readers.
Let us begin with article 27, the third part of which runs: “On reaching the age of 18 a citizen has a right to elect and be elected”. In the project they propose this part to be formulated in the following recension: “On reaching the age of 18 a citizen has a right to take part in referendum, elect, and also be elected on reaching the age established by the Constitution, constitutional laws and laws”. Pay attention, there is only one limitation for being elected - it is reaching the age established by the Constitution and other laws.
Another item. Article 65, part 2 runs: “Every citizen at the age in the range of 35-65 having a good command of the state language and residing in the territory of Tajikistan for no less than 10 years can be nominated for the position of a president of the republic”. In the project this part is proposed in the following recension: “Every citizen of Tajikistan Republic no younger than 35 having a good command of the state language and permanently residing on the territory of Tajikistan for no less than late 10 years may be nominated for the position of a president”. If we take away two last limitations a person no younger than 35 can become a president that doesn’t contradict article 27.
Now I would like to pass to the alterations proposed for article 49, its first part. The text of the currently acting Constitution runs: “… Majlisi Namoyandagon deputy can be a citizen no younger than 25”, and in the project the verbal drafting is “Every citizen of Tajikistan Republic no younger than 25 (that doesn’t contradict article 27) and having higher education can be elected deputy of Majlisi Namoyandagon”. Here a number of questions can be raised in regard to deputies. Firstly, the norm on higher education in the given article contradicts article 27. secondly, from the opinion of designers it is seen that the status of Majlisi Namoyandagon deputy is higher than that of president, insomuch as in order to be elected president higher education is not compulsory. I consider, one should remove the contradiction between article 27 running: “On reaching the age of 18 a citizen has a right to elect and be elected” and article 49 running: “A citizen on reaching the age of 35 having higher education can be elected and appointed Majlisi Milli member”. This contradiction will arise immediately after alterations and addenda are adopted in referendum.
Further on the question is raised concerning alterations in articles 38 and 41, which devaluate article 1, its second part “On social state” and weaken its significance. Article 38 runs: “Everyone has a right for health protection”. This right is ensured with medical aid in state health service institutions…” “The project proposes: “Everyone has a right for health protection. Each person enjoys free of charge medical aid in state health service institutions within the frames established by the law”… “Article 41 of the Constitution runs: “Everyone enjoys the right for education. Basic comprehensive education is compulsory. The state guarantees free of charge comprehensive secondary, secondary professional and - on a competitive basis in regard to capabilities - secondary special and higher education in state learning institutions. Other forms of obtaining education are laid out by the law”. In the project the following version of the article is proposed: “Everyone has a right for education. Basic comprehensive education is compulsory. The state guarantees basic comprehensive compulsory free of charge education in state learning institutions”. Article 1, part 2 of the Principal Law runs: “Tajikistan is a social state whose politics is aimed at creation of conditions which would provide a worthy life and free development of man”. The value of the previous variant of the article is lost just by it.
I want to stress that alterations and addenda to RT Constitution are adopted by deputies in their final variant and may not be liable to any further discussions. And still… Article 6 runs that the only source of the state power in Tajikistan is the people. Deputies propose the second part as follows: “The supreme immediate expression of the people’s power is all-national referendum and elections”. In reality the appropriation of the people’s functions by deputies has taken place as they have deprived the people of the participation in debates, them seem to have considered themselves as “the only source of state power” that is factually usurpation of power as the same article 6 affirms.
One should be more modest, Janubon Deputies! Be more Modest!