Law Archives · Tashkent Citizen https://tashkentcitizen.com/tag/law/ Human Interest in the Balance Mon, 13 Nov 2023 13:11:04 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 https://tashkentcitizen.com/wp-content/uploads/2022/11/cropped-Tashkent-Citizen-Favico-32x32.png Law Archives · Tashkent Citizen https://tashkentcitizen.com/tag/law/ 32 32 Law and Order in Tajikistan https://tashkentcitizen.com/law-and-order-in-tajikistan/ Tue, 21 Nov 2023 12:56:19 +0000 https://tashkentcitizen.com/?p=5421 Gallup World Poll just released the results of its annual Law and Order Index, which ranked Tajikistan as…

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Gallup World Poll just released the results of its annual Law and Order Index, which ranked Tajikistan as the most secure country in the world.

The poll was based on whether people “are confident in their local police, feel safe in their neighborhoods, and were victims of theft or assault in the past year.” The rating surprised some, and there is certainly another side to the story of law and order in Tajikistan.

Joining host Bruce Pannier to discuss the situation are guests Marius Fossum, the longtime Central Asia representative of the Norwegian Helsinki Committee, and Muhamadjon Kabirov, whose family fled Tajikistan to escape political repression, and who currently serves as editor in chief of the Tajik-language news network Azda.TV, which is based in Europe.

Source: Radio Free Europe Radio Liberty

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Kazakhstan Upholds Investors’ Rights With the Implementation of Pivotal Asset Recovery Law https://tashkentcitizen.com/kazakhstan-upholds-investors-rights-with-the-implementation-of-pivotal-asset-recovery-law/ Wed, 11 Oct 2023 12:00:00 +0000 https://tashkentcitizen.com/?p=4984 ASTANA, KAZAKHSTAN / ACCESSWIRE / September 25, 2023 / Kazakhstan has initiated a groundbreaking legal reform with the enactment…

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ASTANA, KAZAKHSTAN / ACCESSWIRE / September 25, 2023 / Kazakhstan has initiated a groundbreaking legal reform with the enactment of the “Law of the Republic of Kazakhstan on the Return of Illegally Acquired Assets to the State” on July 12, 2023. The law, mandated under the president’s directive and developed by MPs of the Mazhilis (Parliament), aligns with international standards and practices from developed nations, focusing on the recovery of assets obtained through illicit means. Importantly, the law does not apply to ‘bona fide’ investors, including both domestic and foreign investors.

A Transparent and Legal Framework

The newly implemented law asserts its commitment to international norms and transparency, featuring robust legal procedures for asset confiscation and emphasizing legitimate state actions. It installs stringent monitoring and analysis mechanisms to counter the illegal acquisition, withdrawal, and return of assets, thereby fortifying the rights of Kazakhstan citizens and contributing to the nation’s sustainable economic and social development.

Judicial and Public Oversight

The law promotes fairness and transparency through reinforced judicial and public control over the asset recovery process. The execution of this law at the pre-trial stage involves a commission comprising representatives from the executive branch, MPs, and eminent public figures, ensuring an adversarial civil process where every entity can protect its rights.

Protection for Bona Fide Investors

Crucially, the law provides unequivocal safeguards for bona fide investors and entities. It is meticulously crafted to exclude conscientious investors, reinforcing the Constitution of Kazakhstan’s guarantees regarding the inviolability of private-property rights. The law emphasizes that bona fide investors possessing assets exceeding 100 million US dollars are not independently subjected to the provisions of this law.

International Compliance and Cooperation

Kazakhstan’s unwavering commitment to international legal cooperation and compliance with procedural and substantive requirements is underscored within this law. It adheres to all of Kazakhstan’s existing international legal agreements related to the protection and support of investments with foreign states, highlighting the significance of maintaining investment activity and international economic ratings.

A Commitment to Sustainable Development and Legality

With the initiation of this law, Kazakhstan is fortifying its stance on transparency, legality, and sustainable development. It guarantees protection and equitable treatment to all bona fide investors, national or foreign, respecting the rights delineated by the Constitution of Kazakhstan, its international obligations, and legislation on national and foreign investors, business entities, and individuals.

This pivotal legal reform seeks to alleviate conditions enabling the further illegal withdrawal of assets from the country, reinforcing an environment of legal integrity and protecting the rights of bona fide purchasers, creditors, and investors. Kazakhstan remains steadfast in its dedication to upholding international standards, ensuring a resilient legal environment, and fostering sustainable development.

Source: Digital Journal

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Kazakhstan Urged to Rescind Draconian New “fake News” Law https://tashkentcitizen.com/kazakhstan-urged-to-rescind-draconian-new-fake-news-law/ Mon, 18 Sep 2023 08:00:00 +0000 https://tashkentcitizen.com/?p=4825 Reporters Without Borders (RSF) calls for the immediate withdrawal of a law penalising “fake news” that is about…

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Reporters Without Borders (RSF) calls for the immediate withdrawal of a law penalising “fake news” that is about to take effect in Kazakhstan. It aims to obstruct the work of independent journalists and bloggers and will allow a new form of censorship, RSF says.

Signed by President Kassym-Jomart Tokayev on 10 July and due to take effect on 10 September, the new law regulates the activities of journalists and bloggers very strictly and poses a new threat to independent Kazakh media.

One of the articles provides for heavy fines for posting and sharing “fake news” on the Internet (Administrative Code article 456-2). The law does not specify who determines the veracity of online content or what criteria are used. Its vague wording leaves a great deal of room for interpretation and opens the way to state censorship.

“Instead of protecting journalists and promoting media pluralism, President Kassym-Jomart Tokayev is providing himself with judicial tools for censoring and intimidating dissenting voices. This law represents another step in the wrong direction and RSF calls for its immediate withdrawal.

Jeanne Cavelier

Head of RSF’s Eastern Europe and Central Asia desk

Legal Media Center, a Kazakh NGO, told RSF that the new law would probably result in more self-censorship in a country where the media landscape is already limited. “This law, which aims to make those who post online think twice, is likely to be applied only when it serves the interests of the authorities,” the NGO said.

Independent journalists in Kazakhstan are often subjected to violence and threats, as in several other former Soviet countries in Central Asia that have been adopting new draconian laws usually modelled on Russian legislation, since the launch of the large-scale invasion of Ukraine.

Source: RSF News

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