Democratic Control of Armed Forces: A Legal Overview of the Imbalance of Power in Overseeing Armed Forces of Tajikistan

Authors

  • Farangis F. Zikriyaeva (Human Rights Matter (HRM), Berlin, Germany)

Keywords:

Democratic control, Armed forces, Organization for Security and Cooperation for Europe, Parliament, Ministry of Defense, State of emergency, Martial law, State budget

Abstract

The 2018 law amendments to the Law of Tajikistan on the Security Council has utterly subordinated the Security Council to the Presidential Apparatus of Tajikistan, thereby, reaffirming ultimate presidential power over this security body. This article conducts a legal analysis of the Tajik legal frameworks on the controlling and supervising of armed forces of Tajikistan by the President, the Parliament, and the Ministry of Defense. The analysis traces the wide competencies and authorities of the President and the feeble role of Parliament in the declaring and maintaining of the state of emergency and martial law. This article pays particular attention to the role of Parliament in the assessment and monitoring of the military budget and expenditures. 

Author Biography

Farangis F. Zikriyaeva, (Human Rights Matter (HRM), Berlin, Germany)

LL.M., M.P.P. Program Director for Human Rights Matter (HRM), an international human rights NGO based in Berlin, Germany. She is responsible for oversight and coordination of programs and projects within the organization. In particular, she is in charge of coordinating the program that focuses on the human rights of armed forces personnel. She is currently conducting multiple research projects on the OSCE Code of Conduct on politico–military aspects of security developments and implementation, democratic control over armed forces, human rights of armed forces personnel, and military courts’ jurisdiction. 

Downloads

Published

2020-07-06

How to Cite

Zikriyaeva, F. F. (2020). Democratic Control of Armed Forces: A Legal Overview of the Imbalance of Power in Overseeing Armed Forces of Tajikistan. República Y Derecho, 5(5), 1–32. Retrieved from https://ojs3.derecho.uncu.edu.ar/index.php/revista/article/view/186

Issue

Vol. 5 No. 5 (2020): (Continuous publication) Dossier: Tackling Human Rights Issues Around the World

Section

Dossier

License

The authors who publish on this journal agree the following terms:

1. Authors guarantee that this is the first publication of the work and that it is licensed under Creative Commons (CC BY-NC-SA 2.5 AR) which allows others to share the work recognizing the authorship and the initial publication on this journal.

2. Authors may establish additional agreements to non-exclusive distribution of the published work with a recognition of its initial publication in this journal.

3. Articles may be compiled for its publication in books or to be saved in an institutional repository, or personal web page newer than the publication in the Journal.