Number of tiers

1999 Constitutional Law on Elections to the Majlisi Oli.  Amended in 2004 but does not alter ESD provisions

Articles 28 and 48-50

Article 28. Elections of deputies of Majlisi namoyandagon

Deputy of Majlisi namoyandagon is elected for the term of five years.

A person, who has attained the age of 25 years and has been the citizen of the Republic of Tajikistan minimum for the last five years, and with higher education, can be elected a deputy of the Majlisi namoyandagon.

Majlisi namoyandagon consists of 63 deputies:


- 65% of the deputies (41 persons) of Majlisi namoyandagon is elected from single-mandate constituencies.

- 35% of the deputies (22 persons) of Majlisi namoyandagon is elected from the single all-republican electoral district in proportion with the number of votes, which were given to candidates, nominated by political parties.

Article 48. Determination of the results of elections to Majlisi namoyandagon

On the basis of the protocol of the polling station commission the constituency commission determines the results of the elections of the deputies to the Majlisi namoyandagon in single mandate constituencies and the results of voting in the single all republican constituencies within their territory and then immediately submit them to the Central Election Commission.

In single mandate constituency the candidate is considered elected, if he has gained more than 50% of the votes of electors participated in the elections.

The election in the single mandate constituency is considered invalid if less than half of the voters, enrolled in the list, have participated in the elections.

The Central Commission for Elections and Referenda determines the results of the voting in single mandate constituencies all over the republic on the basis of protocol of constituency commissions.

On the basis of the protocol of constituency commissions the Central Commission for Elections and Referenda counts the electors votes according to the single all republican constituency by collecting the information from the protocol.

The election in the single all republican constituency is considered invalid, if less than a half of electors enrolled into the lists have participated in it.

Political parties, which have gained less than 5% of the elector votes, are deprived of getting the deputy mandate of the unified all- republican constituency.

Those political parties, which have gained 5% and more of the votes of electors, participated in elections, in accordance with the stipulated provisions of this law, receive deputy mandates.

The distribution of the deputy mandates among the candidates is done in accordance with the list of candidates from political parties according to the order of their enrollment in the list, which was confirmed by the Central Electoral Commission.

The deputies that have been elected from the single mandate constituencies to the Majlisi namoyandagon are excluded from the lists of candidates. In this case the deputy mandate is given to the candidates by the order of their enrollment in the list.

Central Commission for Elections and Referenda drafts the protocol about the distribution of deputy mandates among the political parties from the single all republican constituency in accordance with the rules, stipulated by this law.

These points are included into the protocol:
- The name of the political party which has right for distribution of deputy mandates. - The name and surname of the elected deputies from each list of candidates.

If none of political party has gained 5% of votes, the Central Commission for Elections and Referenda considers the deputy mandates according to single all republican constituency undistributed.

In this case the Central Commission for Elections and Referenda appoints the repeated election in the single all republican constituency.

Article 49. Repeated voting for Majlisi namoyandagon

If in single mandate constituency more than two candidates for the deputy of Majlisi namoyandagon were proposed for voting and no one was elected, the constituency commission takes a decision to hold the repeated voting for two candidates who have gained the majority of votes. The constituency commission informs the Central Commission for Elections and Referenda and the electors of the constituency about this resolution. The repeated voting is held in the constituency in the period no later than two weeks within the territory of those polling stations and according to those lists of electors and in accordance with the requirements of this law.

That candidate is considered the elected deputy of the Majlisi namoyandagon, who has gained more votes than the other candidate in the repeated voting under the terms that more than a half of the electors enrolled in the list have participated in this voting.

If during the repeated voting one of the candidates is excluded by any reason, the voting is held for one candidate. In this case the candidate for becoming the deputy should gain more than a half of the votes of electors who had participated in this voting.

During the repeated voting the polling station commission can announce the voting finished any time, if all the electors enrolled into the list have voted.

Article 50. Deputy mandates distribution order

The Central Electoral Commission counts the votes of the electors given for the political parties if they constitute 5% or more from the amount of votes of electors, participated in the voting in single all republican constituency. Total number of electors votes is divided into 22 (the number of deputies mandates from the single all republican constituency). The result is the number of votes necessary for one deputy mandate. Then the number of votes gained by each political party participated in the distribution of deputy mandates is divided to the number of votes, necessary for each deputy mandate. The result is the number of deputy mandates which will be received by relevant list of candidates.

If after this there are remaining undistributed mandates, they are divided for the second time. The undistributed mandates are given one per each political

In case of equal number of votes the advantage is given to that list of candidates, who has gained more elector’s votes. If the number of elector votes is equal then the advantage is given to that list of candidates, who were registered earlier.

41 TRS, 22 List PR, appears to be closed list although a line of the translation is missing.