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Afghanistan Constitution2014-08-11 17:38:00 (читать в оригинале)The current ICL edition is based on an unofficial translation of the constitutional te In the name of God, the Merciful, the Compassionate Preamble We the people of Afghanistan: 1. With firm faith in God Almighty and relying on His lawful mercy, and Believing in the Sacred religion of Islam, 2. Realizing the injustice and shortcoming of the past, and the numerous troubles imposed on our country, 3. While acknowledging the sacrifices and the historic struggles, rightful Jehad and just resistance of all people of Afghanistan, and respecting the high position of the martyrs for the freedom of Afghanistan, 4. Understanding the fact that Afghanistan is a single and united country and belongs to all ethnicities residing in this country, 5. Observing the United Nations Charter and respecting the Universal Declaration of Human Rights, 6. For consolidating national unity, safeguarding independence, national sovereignty, and territorial integrity of the country, 7. For establishing a government based on people's will and democracy, 8. For creation of a civil society free of oppression, atrocity, discrimination, and violence and based on the rule of law, social justice, protection of human rights, and dignity, and ensuring the fundamental rights and freedoms of the people, 9. For strengthening of political, social, economic, and defensive institutions of the country, 10. For ensuring a prosperous life, and sound environment for all those residing in this land, 11. And finally for regaining Afghanistan's deserving place in the international community, Have adopted this constitution in compliance with historical, cultural, and social requirements of the era, through our elected representatives in the Grand Council [Loya Jirga] dated 14 Jaddi 1382 in the city of Kabul. Chapter I The State Article 1 [Islamic Republic] Afghanistan is an Islamic Republic, independent, unitary and indivisible state. Article 2 [Religions] (1) The religion of the state of the Islamic Republic of Afghanistan is the sacred religion of Islam. (2) Followers of other religions are free to e Article 3 [Law and Religion] In Afghanistan, no law can be contrary to the beliefs and provisions of the sacred religion of Islam. Article 4 [Sovereignty, Ethnic Groups, Citizenship] (1) National sovereignty in Afghanistan belongs to the nation that e (2) The nation of Afghanistan consists of all individuals who are the citizen of Afghanistan. (3) The nation of Afghanistan is comprised of the following ethnic groups: Pashtun, Tajik, Hazara, Uzbak, Turkman, Baluch, Pashai, Nuristani, Aymaq, Arab, Qirghiz, Qizilbash, Gujur, Brahwui and others. (4) The word Afghan applies to every citizen of Afghanistan. (5) No member of the nation can be deprived of his citizenship of Afghanistan. (6) Affairs related to the citizenship and asylum are regulated by law. Article 5 [Territorial Integrity] Implementation of the provisions of this constitution and other laws, defending independence, national sovereignty, territorial integrity, and ensuring the security and defense capability of the country, are the basic duties of the state. Article 6 [Purposes] The state is obliged to create a prosperous and progressive society based on social justice, protection of human dignity, protection of human rights, realization of democracy, and to ensure national unity and equality among all ethnic groups and tribes and to provide for balanced development in all areas of the country. Article 7 [International Law] (1) The state shall abide by the UN charter, international treaties, international conventions that Afghanistan has signed, and the Universal Declaration of Human Rights. (2) The state prevents all types of terrorist activities, production and consumption of into Article 8 [State Policy] The state regulates the policy of the country on the basis of preserving the independence, national interests, territorial integrity, non-aggression, good neighborliness, mutual respect, and equal rights. Article 9 [Natural Resources] (1) Mines, underground resources are properties of the state. (2) Protection, use, management, and mode of utilization of the public properties shall be regulated by law. Article 10 [Private Investments] The State encourages and protects private capital investments and enterprises based on the market economy and guarantees their protection in accordance with the provisions of law. Article 11 [Trade] Affairs related to the domestic and e Article 12 [Bank] (1) Da Afghanistan Bank is the central and independent bank of the state. (2) Issuance of currency, and formulation and implementation of monetary policy of the country are the mandates of the central bank in accordance with law. (3) The central bank shall consult with the economic committee of the House of Representatives [Wolesi Jirga] in matters related to the printing of money. (4) Structure and operation of this bank shall be regulated by law. Article 13 [Economy] The state shall formulate and implement effective programs for development of industries, growth of production, increasing of public living standards, and support to craftsmanship. Article 14 [Farming, Housing] (1) The state shall design and implement within its financial resources effective programs for development of agriculture and animal husbandry, improving the economic, social and living conditions of farmers, herders, settlement and living conditions of nomads. (2) The state adopts necessary measures for housing and distribution of public estates to deserving citizens in accordance within its financial resources and the law. Article 15 [Environment] The state is obliged to adopt necessary measures for safeguarding forests and the environment. Article 16 [Languages] (1) From among the languages of Pashtu, Dari, Uzbeki, Turkmani, Baluchi, Pashai, Nuristani, Pamiri (alsana), Arab and other languages spoken in the country, Pashtu and Dari are the official languages of the state. (2) The Turkic languages (Uzbaki and Turkmen), Baluchi, Pashai, Nuristani and Pamiri (alsana) are -- in addition to Pashto and Dari -- the third official language in areas where the majority speaks them. The practical modalities for implementation of this provision shall be specified by law. (3) The state adopts and implements effective plans for strengthening, and developing all languages of Afghanistan. (4) Publications and radio and television broadcasting are allowed in all languages spoken in the country. Article 17 [Education] The state shall adopt necessary measures for promotion of education in all levels, development of religious education, organizing and improving the conditions of mosques, madrasas and religious centers. Article 18 [Calendar] (1) The calendar of the country shall be based on the flight of the Prophet (PBUH). (2) The basis of work for state offices is the solar calendar. (3) Fridays and the 28 Asad and the 8 Sawr are public holidays. Other holidays shall be regulated by law. Article 19 [Flag, Insignia, Emblem] (1) The Afghan flag is made up of three equal parts, with black, red and green colors ju (2) The width of every colored piece is equal to half of its length. The national insignia is located in the center of the flag. (3) The national insignia of the state of Afghanistan is composed of Mehrab and pulpit in white color. (4) Two flags are located on its two sides. In the upper-middle part of the insignia the sacred phrase of "There is no God but Allah and Mohammad is his prophet, and Allah is Great" is placed, along with a rising sun. The word "Afghanistan" and year 1298 (solar calendar) is located in the lower part of the insignia. The insignia is encircled with two branches of wheat. (5) The law shall regulate the use of national flag and emblem. Article 20 [Anthem] The National Anthem of Afghanistan shall be in Pashtu and mention "Allahu Akbar" and the names of the ethnic groups of Afghanistan. Article 21 [Capital] The capital of Afghanistan is the city of Kabul. Chapter II Fundamental Rights and Duties of Citizens Article 22 [Equality] (1) Any kind of discrimination and privilege between the citizens of Afghanistan are prohibited. (2) The citizens of Afghanistan -- whether man or woman -- have equal rights and duties before the law. Article 23 [Life] Life is a gift of God and a natural right of human beings. No one shall be deprived of this right e Article 24 [Liberty, Human Dignity] (1) Liberty is the natural right of human beings. This right has no limits unless affecting the rights of others or public interests, which are regulated by law. (2) Liberty and dignity of human beings are inviolable. (3) The state has the duty to respect and protect the liberty and dignity of human beings. Article 25 [Presumption of Innocence] (1) Innocence is the original state. (2) An accused is considered innocent until convicted by a final decision of an authorized court. Article 26 [Criminal Responsibility] (1) Crime is a personal action. (2) The prosecution, arrest, and detention of an accused and the e Article 27 [Punishment] (1) No act is considered a crime, unless determined by a law adopted prior to the date the offense is committed. (2) No person can be pursued, arrested or detained but in accordance with provisions of law. (3) No person can be punished but in accordance with the decision of an authorized court and in conformity with the law adopted before the date of offense. Article 28 [E (1) No citizen of Afghanistan accused of a crime can be e (2) No Afghan would be sentenced to deprivation of citizenship or to e Article 29 [Torture] (1) Torture of human beings is prohibited. (2) No person, even with the intention of discovering the truth, can resort to torture or order the torture of another person who may be under prosecution, arrest, or imprisoned, or convicted to punishment. (3) Punishment contrary to human integrity is prohibited. Article 30 [Compulsion, Confession] (1) Any statement, testimony, or confession obtained from an accused or of another person by means of compulsion, are invalid. (2) Confession to a crime is: a voluntary confession before an authorized court by an accused in a sound state of mind. Article 31 [Defence] (1) Every person upon arrest can seek an advocate to defend his rights or to defend his case for which he is accused under the law. (2) The accused upon arrest has the right to be informed of the attributed accusation and to be summoned to the court within the limits determined by law. (3) In criminal cases, the state shall appoint an advocate for a destitute. (4) The confidentiality of oral, written or telephonic communications between an advocate and his accused client are immune from invasion. (5) The duties and authorities of advocates shall be regulated by law. Article 32 [Debt Relief] (1) Being in debt does not limit a person's freedom or deprive him of his liberties. (2) The mode and means of recovering a debt shall be regulated by law. Article 33 [Electoral Rights] (1) The citizens of Afghanistan have the right to elect and be elected. (2) Law regulates the conditions and means to e Article 34 [E (1) Freedom of e (2) Every Afghan has the right to e (3) Every Afghan has the right to print or publish topics without prior submission to the state authorities in accordance with the law. (4) Directives related to printing house, radio, television, press, and other mass media, will be regulated by the law. Article 35 [Organizations, Parties] (1) The citizens of Afghanistan have the right to form social organizations for the purpose of securing material or spiritual aims in accordance with the provisions of the law. (2) The citizens of Afghanistan have the right to form political parties in accordance with the provisions of the law, provided that: -- The program and charter of the party are not contrary to the principles of sacred religion of Islam, and the provisions and values of this Constitution. -- The organizational structure, and financial sources of the party are made public. -- The party does not have military or paramilitary aims and structures. -- The party should have no affiliation to a foreign political party or sources. (3 Formation and functioning of a party based on ethnicity, language, Islamic school of thought (mazhab-i fiqhi) and region is not permissible. (4 A party set up in accordance with provisions of the law shall not be dissolved without lawful reasons and the decision of an authorized court. Article 36 [Demonstration] The citizens of Afghanistan have the right to un-armed demonstrations, for legitimate peaceful purposes. Article 37 [Confidentiality of Communication] (1) Confidentiality and freedom of correspondence and communication whether in the form of letters or through telephone, telegraph and other means, are immune from invasion. (2) The state does not have the right to inspect personal correspondence and communication unless authorized by the provisions of law. Article 38 [Residence, Home, Search] (1) A person's residence is immune from invasion. (2) Other than the situations and methods indicated in the law, no one, including the state, are allowed to enter or inspect a private residence without prior permission of the resident or holding a court order. (3) In case of an evident crime, an official in-charge of the situation can enter or conduct a house search prior to the permission of the court. (4) The official involved in the situation is required to obtain a subsequent court order for the house search within the period indicated by law. Article 39 [Movement, Settlement, Travel] (1) Every Afghan has the right to travel or settle in any part of the country e (2) Every Afghan has the right to travel abroad and return home in accordance with the provisions of law. (3) The state shall protect the rights of the citizens of Afghanistan abroad. Article 40 [Private Property] (1) Property is immune from invasion. (2) No person shall be forbidden from acquiring and making use of a property e (3) Nobody's property shall be confiscated without the provisions of law and the order of an authorized court. (4) Acquisition of a person's property, in return for a prior and just compensation within the bounds of law, is permitted only for securing public interests in accordance with the provisions of law. (5) Inspection and disclosure of a private property are carried out only in accordance with the provisions of law. Article 41 [Property of Foreigners] (1) Foreign individuals do not have the right to own immovable property in Afghanistan. (2) Lease of immovable property for the purpose of investment is permissible in accord with law. (3) The sale of estates to diplomatic missions of foreign countries and to those international agencies, of which Afghanistan is a member, is permissible in accordance with the provisions of law. Article 42 [Ta (1) Every Afghan is obligated to pay ta (2) No ta (3) The rate of ta (4) This provision is also applied to foreign individuals and agencies. (5) Every kind of ta Article 43 [Education] (1) Education is the right of all citizens of Afghanistan, which shall be provided up to the level of the B.A. (lisâns), free of charge by the state. (2) The state is obliged to devise and implement effective programs for a balanced e (3) The state is also required to provide the opportunity to teach native languages in the areas where they are spoken. Article 44 [Education for Women and Nomads, Illiteracy] The state shall devise and implement effective programs for balancing and promoting of education for women, improving of education of nomads and elimination of illiteracy in the country. Article 45 [Unified Educational Curriculum] The state shall devise and implement a unified educational curriculum based on the provisions of the sacred religion of Islam, national culture, and in accordance with academic principles, and develops the curriculum of religious subjects on the basis of the Islamic sects e Article 46 [Higher Education, Schools] (1) Establishing and operating of higher, general and vocational education are the duties of the state. (2) The citizens of Afghanistan also can establish higher, general, and vocational private educational institutions and literacy courses with the permission of the state. (3) The state can also permit foreign persons to set up higher, general and vocational educational private institutes in accordance with the law. (4) The conditions for admission to state higher education institutions and other related matters to be regulated by the law. Article 47 [Science, Culture, Literature, Arts] (1) The state shall devise effective programs for the promotion of science, culture, literature and the arts. (2) The state guarantees the rights of authors, inventors, and discoverers, and encourages and supports scientific researches in all areas, and publicizes the effective use of their results in accordance with the law. Article 48 [Work] (1) Work is the right of every Afghan. (2) Working hours, paid holidays, right of employment and employee, and other related affairs are regulated by law. (3) Choice of occupation and craft is free within the limits of law. Article 49 [Forced Labor] (1) Forced labor is forbidden. (2) Active participation, in times of war, calamity, and other situations threatening lives and public welfare is one of the primary duties of every Afghan. (3) Children shall not be subjected to forced labor. Article 50 [Public Administration, Offices, Information] (1) The state is obliged to adopt necessary measures for creation of a strong and sound administration and realization of reforms in the administration system of the country after authorisation by the National Assembly. (2) Government offices are bound to carry their work with full neutrality and incompliance with the provisions of law. (3) The citizens of Afghanistan have the right of access to the information from the government offices in accordance with the provisions of law. (4) This right has no limits, unless violation of the rights of the others. (5) The citizens of Afghanistan are employed for state services on the basis of qualification without any kind of discrimination and in accordance with law. Article 51 [Compensation] (1) Any person suffering undue harm by government action is entitled to compensation, which he can claim by appealing to court. (2) With the e Article 52 [Health Care, Hospitals, Physical Education, Sports] (1) The state is obliged to provide free means of preventive health care and medical treatment, and proper health facilities to all citizens of Afghanistan in accordance with the law. (2) The state encourages and protects the establishment and e (3) The state in order to promote physical education and improve national and local sports adopts necessary measures. Article 53 [Handicapped] (1) The state takes necessary measures for regulating medical services and financial support to descendants of those who were martyred or are missing, to disabled or handicapped, and their active participation and re-integration into society in accordance with the law. (2) The state guarantees the rights and privileges of pensioners and disabled and handicapped individuals and as well renders necessary assistance to needy elders, women without caretakers, and needy orphans in accordance with the law. Article 54 [Family] (1) Family is a fundamental unit of society and is supported by the state. (2) The state adopts necessary measures to ensure physical and psychological well being of family, especially of child and mother, upbringing of children and the elimination of traditions contrary to the principles of sacred religion of Islam. Article 55 [Defense, Military Service] (1) The defense of the country is the responsibility of all citizens of Afghanistan. (2) The conditions for military services are regulated by law. Article 56 [Obeying the Law] (1) Observing the provisions of the Constitution, obeying the laws, adhering to public law and order are the duties of all people of Afghanistan. (2) Ignorance about the provisions of law is not considered an e Article 57 [Rights of Foreigners] (1) The state guarantees the rights and liberties of the foreign citizens residing in Afghanistan in accordance with the law. (2) These people are obliged to observe the laws of the state of Afghanistan in accordance with the International Law. Article 58 [Human Rights Commission] (1) The State, for the purpose of monitoring the observation of human rights in Afghanistan, to promote their advancement (behbud) and protection, shall establish the Independent Human Rights Commission of Afghanistan. (2) Any person, whose fundamental rights have been violated can file complaint to the Commission. (3) The Commission can refer cases of violation of human rights to the legal authorities, and assist in defending the rights of the complainant. (4) The structure, and functions of this Commission shall be regulated by law. Article 59 [Misuse of Rights] No one can misuse the rights and freedoms under this Constitution against the independence, territorial integrity, sovereignty and national unity. Chapter III The President Article 60 [Head of State, Vice Presidents] (1) The President is the head of state of the Islamic Republic of Afghanistan, and conducts his authorities in e (2) The President shall have two Vice Presidents, one first and one second. (3) The candidate to the Presidency on his or her candidacy shall declare the name of the Vice Presidents to the nation. (4) The Vice President in the absence, resignation, and or death of the President, acts in accordance with the provisions of this constitution. Article 61 [Direct Election] (1) The President is elected by receiving more than 50% of the votes cast through free, general, secret, and direct voting. (2) The presidential term is e (3) Elections for the new president are held within thirty, to si (4) If none of the candidates succeeds to receive more than 50% of the votes in the first round, a run-off election shall be held within two weeks. (5) In this round, only two candidates with the highest number of votes will participate. (6) In the run-off, the candidate who gets the majority of the votes shall be elected as the President. (7) In case of death of one of the candidates during the first or second round, after the elections or prior to the announcement of the results of elections, new elections shall be held in accordance with the provisions of law. (8) The elections for the post of president shall be held under the supervision of the Independent Commission supervising of the Elections. (9) This Commission shall be established to supervise all elections and referendums in the country, in accordance with the provisions of law. Тэги: английском, языке
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