ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of July 31, 2018 No. 355

About the Instruction for carrying out the analysis of regulatory impact in the Republic of Tajikistan

According to part 4 of article 37 of the Law of the Republic of Tajikistan "About regulatory legal acts" the Government of the Republic of Tajikistan decides:

1. Approve the Instruction for carrying out the analysis of regulatory impact in the Republic of Tajikistan it (is applied).

2. To the ministries, departments and local executive bodies of the government during project development of regulatory legal acts to accept to management of provision of this Instruction.

Approved by the Order of the Government of the Republic of Tajikistan of July 31, 2018 No. 355

The instruction for carrying out the analysis of regulatory impact in the Republic of Tajikistan

Chapter 1. General provisions

1. The instruction for carrying out the analysis of regulatory impact in the Republic of Tajikistan (further - the Instruction) determines procedure for carrying out the analysis of regulatory impact of the developed projects of the regulatory legal acts having potential impact on business activity.

2. The purpose of the analysis of regulatory impact of projects of regulatory legal acts is determination and assessment possible positive and negative is social - economic effects of adoption of projects of regulatory legal acts on the basis of the analysis of problems, purposes of their regulation and methods of their decision, and also identification in projects of regulatory legal acts of the provisions entering excessive obligations, prohibitions and restrictions, promoting introduction of the provisions promoting emergence of unreasonable expenses of physical persons and legal entities in the field of business activity and also budget system of the Republic of Tajikistan.

3. The analysis of regulatory impact of projects of regulatory legal acts is carried out on the basis and in pursuance of the Constitution, the constitutional laws, codes, the laws, presidential decrees of the Republic of Tajikistan and the orders of the Government of the Republic of Tajikistan at the initiative of developers within their competence.

4. The analysis of regulatory impact is performed on the basis of the following principles:

- priority of rights and freedoms of man and citizen;

- legality;

- justice;

- publicity and transparency;

- scientific character;

- professionalism;

- priority of development of small and medium entrepreneurship;

- free participation of subjects of entrepreneurship in project development of the regulatory legal acts infringing on interests of entrepreneurship;

- accounting of public opinion.

Chapter 2. Stages of carrying out analysis of regulatory impact

5. Carrying out the analysis of regulatory impact is performed according to regulations of articles 34-38 of the Law of the Republic of Tajikistan "About regulatory legal acts" and this Instruction.

6. Carrying out the analysis of regulatory impact consists of the following stages:

- notification on the beginning of development of regulatory legal acts and carrying out public consultations;

- placement of the text of the project of regulatory legal acts in the Register of projects normative legal, acts and the analysis of regulatory impact and their public discussion;

- preparation of the conclusion according to the analysis of regulatory impact.

7. The notification on the beginning of project development of normative legal acts is constituted on the basis of requirements of articles 34-35 of the Law of the Republic of Tajikistan "About regulatory legal acts", this Instruction (appendix 1) and is placed in the Register of plans for project development of regulatory legal acts.

8. For the purpose of ensuring the publicity and transparency of carrying out qualitative analysis of alternative ways of solving the problem revealed in the respective sphere of the public relations, the developer holds public consultations on planning of development of the regulatory legal acts having potential impact on business activity with interested persons for the purpose of refining of content of this problem, determination of possible versions of its decision, refining of list of potential addressees of the offered project of regulatory legal act and possibility at these persons of unreasonable costs in connection with its introduction, and also for the purpose of receipt of offers on other possible versions of the solution of the specified problem.

9. In case of adoption by developer of the decision on project development of regulatory legal act, the developer prepares the text of the project of regulatory legal act and the analysis of regulatory impact.

10. The analysis of regulatory impact is prepared according to articles 36-37 of the Law of the Republic of Tajikistan "About regulatory legal acts", this Instruction (appendix 2) and is signed by the head state the body responsible for preparation of the project.

11. Carrying out public consultations begins along with placement by developer of the project of regulatory legal act and the analysis of regulatory impact on the Register of projects of regulatory legal acts and analyses of regulatory impact. The term of carrying out public consultations is performed according to articles 34-36 and 38 of the Law of the Republic of Tajikistan "About regulatory legal acts".

12. The developer informs the interested subjects on the beginning of public consultations.

13. The notification of public consultations is filled in according to data of appendix 2 to this Instruction.

14. The term of carrying out public discussion can be prolonged according to the solution of developer which places information on the bases and

13. the term of such prolongation on the Information legal Internet portal of the Republic of Tajikistan.

15. The developer shall consider all offers; arrived at the scheduled time in connection with carrying out public discussion of the project of regulatory legal act and the summary report and to constitute the report of offers with indication of data on their accounting or reasons for rejection which are signed by the head of the structural unit of the state body responsible for preparation of the project.

16. By results of public discussion the developer finishes the project of regulatory legal act and the summary report.

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