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Tajikistan Project Assessment
Figure 1 Administrative and territorial structure of the Republic of Tajikistan
Republic of Tajikistan
GORNO-
BADAKHSHAN
Autonomous Region
7 districts and
1 city
KHATLON
Region
24 districts
3 direct rule districts
1 town of region rule
SUGHD
Region
14 districts
7 cities of region rule
13 direct rule districts
3 direct rule cities
43 jamaots
130 jamoats
6 settlements
20 urban type settlements
113 jamoats
91 jamaots
3 settlements
the village-level local administration is represented by a directly
elected village jamoat.
The way that local government functions is defined by the
Constitution, the Law on Local Public Administration, and the
Law on Local Self-Government in Villages and Towns.
Local governments’ functions are categorized as their own
(exclusive), delegated, joint, and those functions based on
voluntary initiatives. Local governments have their own
responsibilities and can propose initiatives, make decisions, and
implement activities autonomously. Any issues not previously
delegated to other authorities and involving local interests are
referred to the local government. In addition, the Constitution
grants local governments some authority to develop and
implement their own budgets in coordination with national
institutions, and to establish local fees, taxes, and duties. The
Law on Local Public Administration allocates income tax to local
budgets, to be utilized for the social needs of the territory in
keeping with the Law on Social Insurance.
The Constitution states that a jamoat is an institution of selfgovernment
in towns and villages. The framework for their
authority is set forth in the Law on Local Self-government in
Towns and Villages 19 . Jamoats are formed on a territorial basis
and possess legal status and an official seal. Town or village
self-government revenue sources include budget allocations
from city or regional councils, voluntary donations from citizens,
and working collectives.
The Law on Self-Activity and the Law on Public Association
(kishlak – village organizations 20 ) regulate the workings of local
self-government institutions 21 .
Financing local government in Tajikistan
Distribution of responsibilities between the central and local
governments, and the procedure of planning and operating
local budgets, are defined by the Constitution, the laws on
Self-Government Bodies in Settlements and Villages, on State
Finance, and annual Public Budget laws.
Article 5 of the law on State Finance of the Republic of Tajikistan
deals with local budgets: a) the budget of the Gorno-Badakhshan
Autonomous Region and its cities and districts, b) the budgets
of regions, cities and districts of regional rule, c) the budget
of Dushanbe and its districts, d) the budgets of directly ruled
cities and districts, and e) the budget of jamoats. However,
financial autonomy in Tajikistan can be considered only at the
level of regions, cities and districts. Therefore, jamoats do not
have financial autonomy and their basic expenses are financed
from city and district budgets 22 .
18
The Assembly has a right to carry out a vote of no-confidence in the head
and other officials of local administration.
19
In this law, local self-governance is described as “the system of organizing
public activities to address issues of local importance autonomously and at
their own discretion, directly or indirectly, in accordance with the legislation of
Republic of Tajikistan. Local self-governments resolve issues within their competence
directly or through their representatives.”
20
The Constitutional Law “On Elections to Local Councils (Madjlis) of People’s
Deputies” was proposed and adopted in December 1999 (effective as of 2000).
It reflects the new political realities and enables participation of political parties
and community organizations in the election process. In addition, this
law stipulated that the establishment of no less than 70 single-seat electoral
constituencies for the elections of Gorno-Badakhshan Autonomous region,
regional and Dushanbe city councils, and no less than 40 single-seat electoral
constituencies for elections of district and city councils.
21
Currently active are makhallia (community) committees, microraion councils,
housing block committees or other kishlak (villages).
22
According to the amendment made in the law in 2009, jamoats can have
their own budgets with effect from 2011. But the mechanism for implementation
of this amendment has not yet been developed.
13