of May 17, 2004 No. 37
About licensing of separate types of activity
This Law determines the types of activity which are subject to licensing, establishes the legal basis of issue of licenses for the right to be engaged in certain types of activity and is aimed at ensuring compliance with standards and qualification requirements, for ensuring protection of interests and safety of the personality, society and the state.
In this Law the following basic concepts are applied:
the license - special permission to the implementation of specific type of activity in case of obligatory observance of licensed requirements and conditions issued by the licensing body to the legal entity or the individual entrepreneur;
the licensed type of activity - activities on which implementation in the territory of the Republic of Tajikistan receipt of the license according to this Law is required;
licensing - the actions connected with provision of licenses, renewal of the documents confirming availability of licenses, suspension and renewal of action of licenses, cancellation of licenses and control of licensing authorities of observance by licensees when implementing of the licensed types of activity of the relevant licensed requirements and conditions;
licensed requirements and conditions - set the established regulations on features of licensing of separate types of activity of requirements and conditions, which accomplishment by the licensee surely;
licensing authorities - the executive bodies performing licensing in compliance with this Law;
the licensee - the legal entity or the individual entrepreneur having the license for implementation of specific type of activity;
the license applicant - the legal entity or the individual entrepreneur who filed in the licensing body petition for submission of the license for implementation of specific type of activity;
- the register of licenses - set of the information about the provided, renewed, suspended, renewed and stopped (cancelled) licenses which is conducted by each licensing body;
- the unified state electronic register of licenses - the generalized database and information on licenses available online.
The legislation of the Republic of Tajikistan on licensing of separate types of 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 also international legal acts recognized by the Republic of Tajikistan.
The basic principles of implementation of licensing are:
- ensuring unity of economic space in the territory of the Republic of Tajikistan;
- establishment of the single list of the licensed types of activity;
- establishment of single procedure for licensing in the territory of the Republic of Tajikistan;
- establishment of licensed requirements and conditions regulations on features of licensing of separate types of activity;
- publicity and openness of licensing;
- respecting the rule of law when implementing licensing.
Types of activity which implementation can entail causing damage to the rights, legitimate interests, health of citizens, to defense and safety of the state, cultural heritage of the people of the Republic of Tajikistan and which regulation cannot be performed by other methods, except as licensing belong to the licensed types of activity.
In the field of licensing treat powers of the Government of the Republic of Tajikistan:
- approval of regulations on features of licensing of separate types of activity;
- determination of the executive bodies performing licensing of specific types of activity;
- in the cases provided by this Law to stop and cancel action of the license for activities for use of subsoil;
- determines authorized state body in the field of regulation of permit system;
- approves procedure for conducting check of activities of state bodies for observance of regulatory legal acts of the Republic of Tajikistan in the field of regulation of permit system;
- approves rules of maintaining the unified state electronic register of licenses;
- approves standard rules of maintaining the register of licenses.
In the field of regulation of permit system are included into power of the state authorized body:
- carrying out monitoring of implementation of this Law;
- submission of annual information to the Government of the Republic of Tajikistan by results of the carried-out monitoring;
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