Ministry of Justice
Republic of Tajikistan
On June 26, 2018 No. 335
of June 21, 2018 No. 329
About Rules of commission trade by vehicles, agricultural machinery, machines and spare parts to them
According to article 6 of the Law of the Republic of Tajikistan "About trade and consumer services" the Government of the Republic of Tajikistan decides:
1. Approve Rules of commission trade by vehicles, agricultural machinery, by machines and spare parts (are applied) to them.
2. To the Ministry of economic development and trade as authorized state body in the field of regulation of trade and consumer services together with law-enforcement bodies, standardization, metrology, certification and trade inspection, and also local executive bodies of the government to take necessary measures for execution of these rules.
Prime Minister of the Republic of Tajikistan
to the Order of the Government of the Republic of Tajikistan of June 21, 2018 No. 329
1. Rules of commission trade by vehicles, agricultural machinery and the machine equipment and spare parts to them (further - Rules) are developed according to the paragraph the sixth article 6 of the Law of the Republic of Tajikistan "About trade and consumer services" and govern the relations connected with commission trade by vehicles, agricultural machinery and the machine equipment and spare parts to them (further - vehicles) based on the commission agreement signed between performing commission trade (broker) and the citizen, the legal entity (consignor) for the purpose of retail sale of the specified vehicle for remuneration, and also the relations between performing commission trade (broker) and buyer on purchase and sale of the vehicle accepted on the commission. These rules do not extend to the vehicles relating to state-owned property.
2. In these rules the following basic concepts are used:
- the commission agreement - the agreement under which one party (broker) shall at the request of other party (consignor) for remuneration make one or several transactions on its own behalf, but at the expense of the consignor;
- the broker - the legal entity, and also the individual entrepreneur accepting vehicles on the commission and the implementing these goods under the commission agreement;
- the consignor - physical person or legal entity, the delivering vehicles to the commission to the broker for the purpose of their sale for remuneration.
3. Vehicles can be sold at the discretion of their owners without the conclusion of the commission agreement is depersonalized, and to the specific buyer passing commission shops.
4. Vehicles on the commission are accepted from the physical persons and legal entities owning the right to the order the vehicle according to the legislation.
5. Commission shops on trade in vehicles will be organized by the broker according to the legislation of the Republic of Tajikistan taking into account requirements of these rules and entered in accordance with the established procedure in the state register of trade and consumer services.
6. If other procedure for transition of the property right is not provided by the civil legislation, for the consignor the property right to the vehicle accepted on the commission until its sale (transfer) to the buyer remains.
7. The consignor has the right to refuse agreement performance of the commission at any time, having cancelled the assignment given to the broker. In this case the broker has the right to require indemnification, caused by cancellation of the order.
8. The broker shall provide acceptance, storage and sale in commission retail chain stores of vehicles according to requirements of the legislation.
9. The broker answers to the consignor for loss, shortage or damage of the vehicle given by the consignor for sale.
10. The broker shall inform consignors and buyers trade name of the organization, the place of its finding (legal address) and operating mode, placing the specified information on signs.
11. The individual entrepreneur performing commission trade by vehicles shall provide to the consignor and the buyer information on state registration.
12. The broker at the request of the consignor based on agreements can provide also other services, stipulated by the legislation the Republic of Tajikistan.
13. The broker shall organize proper storage locations of vehicles for sale of vehicles and be connected in single information and communication base of the state automobile inspection of the Ministry of Internal Affairs of the Republic of Tajikistan. The broker which is not connected to the specified single information and communication base having no right to make the sales activity vehicles.
14. The broker, having connected in single information and communication base, shall at the same time in case of issue of forms of Accounts references and other necessary information, enter necessary data in this base.
15. Not entering of information on accounts references into single information and communication base of the state automobile inspection of the Ministry of Internal Affairs of the Republic of Tajikistan by the broker is violation of these rules and forms the basis for the termination of activities of commission shop for realization of vehicles according to the legislation of the Republic of Tajikistan.
16. Brokers have the right to unite on voluntary basis in associations or the unions of commission trade (further - associations) according to the legislation of the Republic of Tajikistan. Associations for the purpose of protection of the rights and interests, and also brokers:
- represent in state bodies, the organizations, public associations and courts;
- receive from state bodies of the data, necessary for realization of authorized tasks, except as specified, established by the legislation of the Republic of Tajikistan;
- develop methodical recommendations about improvement of quality and cultures of commission trade transport means, regulations of ethics and procedures for carrying out trade by which brokers are guided;
- develop system of introduction of single accounting of committed transactions and perform services to brokers in provision of electronic reports;
- conclude with authorized state body in the field of trade, the state automobile inspection of the Ministry of Internal Affairs of the Republic of Tajikistan and other state bodies of the agreement on cooperation, directed to realization of the authorized purposes and tasks;
- sign agreements on scientific and technical, economic, financial and production cooperation, on provision of services and performance of works with physical persons and legal entities, directed to realization of the authorized purposes and tasks;
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