Unofficial translation of the current version (as amended by Law of the RT No. 1743 of 17.12.2020) published by the National Legislation Centre under the President of the Republic of Tajikistan (mmk.tj) and the “Adliya” Centralised Legal Information Bank of the Ministry of Justice. In case of any discrepancy, the official Tajik and Russian texts prevail.
(as amended by Laws of the RT No. 1268 of 25.12.2015 and No. 1743 of 17.12.2020)
This Law defines the legal, organisational and social foundations of volunteer activity and regulates public relations connected with carrying out this type of activity.
CHAPTER 1. GENERAL PROVISIONS
Article 1. Basic concepts
The following basic concepts are used in this Law:
- volunteer activity – activity carried out in the form of work and services by natural and legal persons to improve the socio-economic and moral situation of the state and society, in the manner established by this Law (as amended by Law of the RT No. 1268 of 25.12.2015);
- volunteer – a natural person who, voluntarily, with the right of free choice and free of charge or with reimbursement of expenses, directly or through engaging organisations, gives his or her time, work and skills for the benefit of society (as amended by Law of the RT No. 1268 of 25.12.2015);
- volunteer book – an official document recording volunteer activity, containing information on volunteer work experience, incentives and additional training;
- volunteer certificate – an official document certifying the identity of a volunteer (as amended by Law of the RT No. 1268 of 25.12.2015);
- authorised state body for volunteer activity (hereinafter – the authorised state body) – the central executive body of state power implementing state policy on volunteer activity and its development;
- engaging organisation – a non-profit legal entity that engages natural persons to carry out volunteer activity in the manner established by this Law (as amended by Law of the RT No. 1268 of 25.12.2015);
- set of public measures – measures implemented to achieve certain goals for the benefit of society (as amended by Law of the RT No. 1268 of 25.12.2015);
- areas of volunteer activity – areas of a social nature in public life, including social protection of the population, protection of human rights, health care, education, science, culture, sport and tourism, charity and environmental protection, for the development of which volunteer activity is carried out (as amended by Law of the RT No. 1268 of 25.12.2015);
- recipient of volunteer activity – a natural and (or) legal person for whose benefit volunteer activity is carried out that does not pursue political goals or the goals of professing and spreading a religious faith;
- volunteer activity agreement – a written agreement between a volunteer and an engaging organisation, concluded in the manner established by the legislation of the Republic of Tajikistan, which sets out the conditions for carrying out volunteer activity.
Article 2. Legislation of the Republic of Tajikistan on volunteer activity
The legislation of the Republic of Tajikistan on volunteer activity is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan and international legal acts recognised by Tajikistan.
Article 3. Objectives of this Law
The objectives of this Law are:
- promoting and supporting the participation of natural persons in volunteer activity;
- uniting persons engaged in volunteer activity;
- creating the necessary conditions for a person’s independent and active participation in public life, in the development of volunteer activity and in solving social problems (as amended by Law of the RT No. 1268 of 25.12.2015);
- taking measures to encourage volunteers and engaging organisations;
- forming an active position in society of persons engaged in volunteer activity;
- supporting the participation of volunteers in international programmes and projects (as amended by Law of the RT No. 1268 of 25.12.2015);
- determining the legal status of a volunteer, based on duties, the principles of volunteer activity and compliance with the regulatory legal acts governing volunteer activity (as amended by Law of the RT No. 1268 of 25.12.2015).
Article 4. Principles of volunteer activity
Volunteer activity is based on the following principles:
- voluntary participation in volunteer activity;
- free choice of the form, type and method of carrying out volunteer activity;
- respect for human rights and freedoms in volunteer activity;
- volunteer activity carried out free of charge;
- equality of persons engaged in volunteer activity.
CHAPTER 2. REGULATION OF RELATIONS IN VOLUNTEER ACTIVITY
Article 5. Volunteer activity agreement
1. Volunteer activity may be carried out on the basis of a volunteer activity agreement concluded between a volunteer and an engaging organisation.
2. The engaging organisation must conclude a volunteer activity agreement with a volunteer if the volunteer is engaged in volunteer activity for at least 20 hours a month.
3. The volunteer activity agreement is drawn up in two copies, one of which is kept by the engaging organisation and the other handed to the volunteer.
4. A volunteer activity agreement may be concluded, in compliance with the legislation of the Republic of Tajikistan, with persons who have reached the age of 16.
Article 6. Content of the volunteer activity agreement
1. The volunteer activity agreement contains the following terms:
- a description of the activity that the volunteer is to carry out according to his or her abilities and capacities;
- the rights and obligations of the parties;
- reimbursement by the engaging organisation of the costs necessary for carrying out certain types of volunteer activity;
- professional requirements confirmed, where necessary, by relevant certificates and (or) documents of the established form;
- ensuring the safety of the activity and the conditions for reimbursing the expenses necessary for performing volunteer duties (as amended by Law of the RT No. 1268 of 25.12.2015);
- health requirements confirmed by a medical certificate;
- liability of the parties, including for material damage, and the grounds and procedure for amending and terminating the agreement.
2. If, during the performance of a volunteer activity agreement, circumstances beyond the control of the parties arise that make it difficult for the volunteer to perform his or her duties, the agreement is revised with the participation of both parties.
3. If, during the performance of a volunteer activity agreement, circumstances beyond the control of the parties arise that make further performance of the agreement impossible, it is terminated unilaterally.
4. A volunteer activity agreement is terminated unilaterally by the volunteer or the engaging organisation, subject to notifying the other party 7 days in advance and stating the reasons, unless the agreement provides otherwise.
Article 7. Rights and duties of a volunteer
1. A volunteer has the right to:
- freely choose the areas and type of his or her activity (as amended by Law of the RT No. 1268 of 25.12.2015);
- take an active part in developing and implementing the programmes on the basis of which the volunteer activity agreement has been concluded;
- work in the relevant field according to his or her abilities and the rules in force in the engaging organisation;
- use the medical insurance of the engaging organisation in the manner established by the legislation of the Republic of Tajikistan;
- claim reimbursement of the expenses connected with carrying out certain types of volunteer activity provided for in the volunteer activity agreement;
- receive, through the engaging organisation or directly from the authorised state body, a volunteer book, a volunteer certificate and a letter of recommendation confirming volunteer activity and the skills and experience acquired (as amended by Law of the RT No. 1268 of 25.12.2015);
- enjoy the rights and guarantees provided by the legislation of the Republic of Tajikistan on labour, taxation, health care, social protection and social insurance (as amended by Law of the RT No. 1268 of 25.12.2015);
- use public transport (except taxis) in the territory of the Republic of Tajikistan free of charge on presentation of a volunteer certificate (as amended by Law of the RT No. 1743 of 17.12.2020);
- carry out unpaid work (as amended by Law of the RT No. 1268 of 25.12.2015);
- receive reliable and accurate information about the engaging organisation, its organisational activities and programmes;
- take part in training courses organised, initiated and (or) recommended by the engaging organisation for high-quality volunteer work;
- stop the activity by notifying the head of the engaging organisation in writing in accordance with part 4 of Article 6 of this Law.
2. A volunteer must:
- act within the Rules for registering persons wishing to engage in volunteer activity in the Republic of Tajikistan (as amended by Law of the RT No. 1268 of 25.12.2015);
- carry out the tasks assigned by the engaging organisation within the scope of the agreement;
- obey the head of the engaging organisation when carrying out volunteer activity;
- take good care of the property used in volunteer activity;
- observe the rules on non-disclosure of confidential information about the organisation;
- not transfer the obligations assigned by the volunteer activity agreement to other persons without the consent of the engaging organisation;
- master the knowledge, abilities and skills of volunteer work in the chosen area (field);
- observe and follow the volunteer occupational safety instructions and the directions of the head of the engaging organisation;
- carry out his or her activity free of charge;
- take part in general and organisational meetings of the volunteer group.
Article 8. Duties of the engaging organisation
In the manner established by the legislation of the Republic of Tajikistan, the engaging organisation must:
- recruit volunteers (as amended by Law of the RT No. 1268 of 25.12.2015);
- ensure that the volunteer carries out volunteer activity in safe conditions, in compliance with sanitary and hygiene rules and other conditions necessary to fulfil the obligations;
- ensure the protection of information about the private life of recipients of volunteer activity used by the volunteer;
- provide professional training and retraining and improve volunteer skills and experience in using particular technical means and occupational safety rules in order to fulfil the terms of the volunteer activity agreement;
- not allow volunteers to do work that is harmful or dangerous to life and health;
- provide the volunteer with medical care in the event of an accident or illness caused by the specific nature of the volunteer activity;
- reimburse expenses (travel, accommodation, meals, medical and social insurance and other expenses) necessary for performing volunteer duties (as amended by Law of the RT No. 1268 of 25.12.2015);
- assist a volunteer with at least 20 hours a month of volunteer work experience in obtaining a volunteer book and a volunteer certificate in the manner established by this Law (as amended by Law of the RT No. 1268 of 25.12.2015);
- keep a volunteer book recording each volunteer’s personal data, information on the volunteer activity agreement, the number of hours worked by the volunteer and the volunteer’s direct supervisor in the engaging organisation, and on the basis of these records issue a certificate to the volunteer in the established manner (as amended by Law of the RT No. 1268 of 25.12.2015);
- where necessary, provide the volunteer with access to office equipment and information resources for performing his or her functional duties;
- inform volunteers about other activities of the engaging organisation;
- submit annually to the authorised state body information on the areas and types, composition, number and results of volunteer activity (as amended by Law of the RT No. 1268 of 25.12.2015);
- perform other duties provided for by the volunteer activity agreement.
Article 9. Liability of the parties and settlement of disputes
1. The engaging organisation is liable to the recipient of volunteer activity for damage caused by a volunteer, except for damage caused as a result of an administrative offence or a crime committed by the volunteer.
2. Disputes arising in connection with the conclusion, amendment, performance or termination of a volunteer activity agreement are considered in court if the parties cannot settle them themselves.
3. For failure to perform or improper performance of the volunteer activity agreement the parties are liable in accordance with the civil legislation of the Republic of Tajikistan.
CHAPTER 3. ORGANISATIONAL FOUNDATIONS OF VOLUNTEER ACTIVITY
Article 10. Competence of the Government of the Republic of Tajikistan in volunteer activity
The competence of the Government of the Republic of Tajikistan in volunteer activity includes:
- determining state policy on volunteer activity;
- approving programmes, strategies and concepts for carrying out and developing volunteer activity;
- designating the authorised state body for volunteer activity;
- approving the Rules for registering persons wishing to engage in volunteer activity in the Republic of Tajikistan (as amended by Law of the RT No. 1268 of 25.12.2015);
- approving the procedure for covering the costs of free use of transport services (as amended by Law of the RT No. 1743 of 17.12.2020);
- exercising other powers provided for by the legislation of the Republic of Tajikistan.
Article 11. Powers of the authorised state body for volunteer activity
The authorised state body for volunteer activity exercises the following powers:
- drafts programmes, strategies and concepts for carrying out and developing volunteer activity and submits them to the Government of the Republic of Tajikistan for approval;
- drafts and submits to the Government of the Republic of Tajikistan for approval the Rules for registering persons wishing to engage in volunteer activity in the Republic of Tajikistan (as amended by Law of the RT No. 1268 of 25.12.2015);
- in accordance with the procedure established by the legislation of the Republic of Tajikistan, registers and coordinates, centrally and using modern information technologies including the internet, the volunteer activity of citizens of Tajikistan in the country and abroad, as well as of foreign citizens and stateless persons (as amended by Law of the RT No. 1268 of 25.12.2015);
- establishes the National Council and local councils for the development of volunteer activity from among representatives of the relevant state bodies, public organisations, entrepreneurs, international organisations accredited in Tajikistan, scientific and educational institutions and other organisations;
- organises monitoring and evaluation of volunteer activity and, where necessary, in the manner established by this Law, takes appropriate decisions, including on terminating a person’s volunteer activity;
- approves the type and form of the volunteer certificate and the volunteer book (as amended by Law of the RT No. 1268 of 25.12.2015);
- determines the priority areas of volunteer activity;
- organises and coordinates international cooperation in volunteer activity;
- coordinates the work of state bodies, local executive bodies of state power, self-government bodies of towns and villages and engaging organisations in supporting and developing volunteer activity;
- exercises other powers provided for by the legislation of the Republic of Tajikistan.
Article 12. Powers of state bodies, local executive bodies of state power and self-government bodies of towns and villages in volunteer activity
State bodies, local executive bodies of state power and self-government bodies of towns and villages, in the manner established by the legislation of the Republic of Tajikistan and within their powers, take measures to develop volunteer activity.
Article 13. Participation of engaging organisations in the development of volunteer activity
Engaging organisations, in the manner established by the legislation of the Republic of Tajikistan, cooperate with state bodies, local executive bodies of state power and self-government bodies of towns and villages in implementing measures to develop volunteer activity.
CHAPTER 4. MEASURES TO DEVELOP VOLUNTEER ACTIVITY
Article 14. Measures to develop volunteer activity
1. The state supports the development of volunteer activity through the measures provided for by the legislation of the Republic of Tajikistan.
2. Measures to develop volunteer activity are drawn up taking into account the rules of transparent decision-making and in compliance with the principles of volunteer activity.
3. The procedure for applying measures to develop volunteer activity and the procedure for issuing the volunteer book and the volunteer certificate are determined in accordance with the regulatory legal acts governing volunteer activity.
4. A period of volunteer activity corresponding to the field of study and speciality, confirmed by a volunteer book and a volunteer certificate, is taken into account on admission to institutions of secondary vocational and higher professional education.
5. A period of volunteer activity is, in the manner established by the legislation of the Republic of Tajikistan, recognised as volunteer work experience where such experience is a mandatory condition of employment and the volunteer worked in a field corresponding to the speciality obtained, as confirmed by the volunteer book, the volunteer certificate and the volunteer activity agreement.
6. Measures to develop volunteer activity, including the creation of local volunteer centres and funds, are carried out by central and local bodies of state power through social orders and by providing premises, means of communication and other services within the legislation of the Republic of Tajikistan (as amended by Law of the RT No. 1268 of 25.12.2015).
Article 15. Measures to recognise and encourage volunteer activity
To recognise and encourage merits in the development of volunteer activity, natural and legal persons may be awarded state awards and other forms of encouragement in the manner established by the legislation of the Republic of Tajikistan.
CHAPTER 5. FINAL PROVISIONS
Article 16. International volunteer activity
International volunteer activity is carried out in the manner established by the legislation of the Republic of Tajikistan and international legal acts recognised by Tajikistan.
Article 17. Liability for failure to comply with this Law
Natural and legal persons are liable for failure to comply with the requirements of this Law in the manner established by the legislation of the Republic of Tajikistan.
Article 18. Entry into force of this Law
This Law shall enter into force after its official publication.
President of the Republic of Tajikistan Emomali Rahmon
Dushanbe, 19 September 2013, No. 1019