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Ministry of Justice

Republic of Tajikistan

 On June 2, 2017 No. 38


of May 30, 2017 No. 1414

About regulatory legal acts

Accepted by the Resolution MH MOPT of April 12, 2017, No. 731

Approved by the Resolution MM MORT of May 18, 2017, No. 397

(In edition of the Order of the Government of the Republic of Tajikistan of 19.07.2019 No. 1632)

Chapter 1. General provisions

Article 1. Subject of regulation and coverage of this Law

1. This Law governing the public relations in the sphere of law-making activities, determines its basic principles, concepts, types, system, ratio between regulatory legal acts, legal force, general procedure for their development, examination, acceptance, publication, accounting, state registration, action, interpretation and systematization, and also methods of permission of legal collisions.

2. Features of development, approval, acceptance, registration, enforcement, publication, change, amendment, the termination or" suspensions of action of separate types of regulatory legal acts are determined also by the Constitution of the Republic of Tajikistan, other regulatory legal acts regulating activities of state bodies (their officials) in the sphere of law-making activities.

3. This Law does not govern the relations connected with:

- procedure for acceptance, modification and amendments and cancellation of the Constitution of the Republic of Tajikistan;

- procedure for the conclusion, ratification, approval, accession, registration, publication, accomplishment, denouncement and suspension of action of international treaties of the Republic of Tajikistan;

- procedure for acceptance, modification and amendments and cancellation of local regulations;

- other regulatory legal acts which are not provided by this Law.

Article 2. Basic concepts

In this Law the following basic concepts are applied:

- regulatory legal act - the official document of the established sample accepted by national referendum by either state body, or self-government institutions of settlements and villages, or the state authorized officer, containing instructions of obligatory nature and establishing, changing, or canceling precepts of law;

- all-obligation of regulatory legal act - obligatory execution by all public authorities, self-government institutions of settlements and villages by officials, physical persons and legal entities of the regulatory legal act adopted and enacted in accordance with the established procedure;

- the legislation - the regulatory legal acts governing the public relations in general or in certain area;

- system of normative, legal acts - set of legal acts, the international legal acts recognized by Tajikistan and the subordinate regulatory legal acts providing legal force, unity, hierarchy and their compliance;

- legal acts - the Constitution of the Republic of Tajikistan, the laws adopted by national referendum, the constitutional laws, codes and the laws of the Republic of Tajikistan;

- subordinate regulatory legal acts - the regulatory legal acts adopted on basis and in pursuance of legal acts;

- power to initiate legislation - official submitting for examination of legislature of the bill or legislative offers by body, or the officials determined by the Constitution of the Republic of Tajikistan;

- law-making activities - activities of the subject of law-making for development, acceptance, publication and cancellation of regulatory legal acts;

- subjects of law-making - the people of Tajikistan, state bodies, local government bodies of settlements and villages, officials according to regulatory legal acts having rights to perform law-making activities;

- the law-making equipment - rules of preparation, acceptance and modification and amendments, interpretation, publications, systematization, application, suspension and the termination of regulatory legal acts;

- the act of official interpretation - the official document of authorized body in which content of regulatory legal act or its normative provisions is explained;

- collision of regulatory legal acts - contradiction or discrepancy of regulations of the regulatory legal acts governing the same public relations;

- gaps in the legislation - lack of the precept of law (regulations) in regulatory legal act or lack of the regulatory legal act governing the corresponding public relations in case of detection of the requirement and need of regulation of precepts of law which are caused by essence and content of the operating system of law of the state, the principles and rules of international law;

- systematization of regulatory legal acts - activities for streamlining of regulatory legal acts and their reduction in the single internally approved system;

- legal force of regulatory legal act - the characteristic of the enacted obligatory and official regulatory legal act, possibility of legal regulation of the public relations, their consequence in law for participants of legal relations, and also its hierarchy in relation to other regulatory legal acts;

- analogy of the law - owing to lack of the provisions of the law governing the public relations, application to them of the legal regulations governing the similar public relations;

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