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Ministry of Justice

Republic of Tajikistan 

 On May 10, 2022 No. 69

PRESIDENTIAL DECREE OF THE REPUBLIC OF TAJIKISTAN

of March 29, 2022 No. 365

About Regulations on military transport obligation

According to article 16 of the Law of the Republic of Tajikistan "About mobilization preparation and mobilization" I decide:

1. Approve Regulations on military transport obligation it (is applied).

2. To the Ministry of Defence of the Republic of Tajikistan, the relevant ministries and departments, local actuators of the government, self-government institutions of settlements and dekhot to take necessary measures for accomplishment of this Decree.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Presidential decree of the Republic of Tajikistan of March 29, 2022 No. 365

Regulations on military transport obligation

1. General provisions

1. The regulations on military transport obligation (further - the Provision) are developed for the purpose of providing Armed Forces of the Republic of Tajikistan with vehicles in wartime, in case of the announcement of warlike situation or mobilization in peace time - when carrying out Armed Forces of the Republic of Tajikistan, other military forming and special troops on provision of certain degree of air alert and establish military transport obligation and procedure for its accomplishment.

2. The military transport obligation is constituent of mobilization preparation and mobilization in the Republic of Tajikistan and consists in holding the actions connected taking into account, advance preparation and provision of vehicles to Armed Forces of the Republic of Tajikistan, other troops, military divisions and bodies, and also the special structures created in wartime (further - troops, divisions and bodies) in provision of vehicles, and also in ensuring work of these vehicles.

3. Subjects of military transport obligation (further - subjects):

- ministries and departments;

- local actuators of the government and self-government institutions of settlements and dekhot;

- the organizations, irrespective of pattern of ownership, being owners of vehicles, the organizations owning vehicles on the right of economic maintaining, operational management or on other basis provided by the law or the agreement and also the organizations ensuring functioning of vehicles, including the airports, petroleum storage depots, transshipment facilities of fuel, gas stations, repair and other organizations (further - the organizations);

- citizens are owners of vehicles.

4. In the Provision the following basic concepts are used:

- vehicles - rail transport, air, automobile, motorcycles, tractors, road-building, hoisting-and-transport and other machines and mechanisms;

- provision of vehicles - delivery, providing and their use for the benefit of troops, forming and bodies.

5. The military transport obligation does not extend to diplomatic representations and consular establishments of the foreign states, the foreign and international organizations, foreign citizens and persons without citizenship.

2. Procedure for execution of military transport obligation by the ministries and departments, local actuators of the government, self-government institutions of settlements and dekhot, organizations

6. The military transport duty is fulfilled by the ministries and departments of the Republic of Tajikistan, local actuators of the government, self-government institutions of settlements and dekhot, the organizations the next way:

- in peace time - by holding the actions connected taking into account vehicles and also by advance preparation of the vehicles provided to troops, forming and bodies and ensuring work of these vehicles, according to mobilization tasks;

- during mobilization and in wartime - by provision to troops, forming and bodies - vehicles and ensuring their work according to mobilization tasks.

7. For the purpose of execution of military transport obligation mobilization tasks, percentage regulations and limits of the provided vehicles are set in the following way:

- to the ministries and departments, local executive bodies of the government - the Government of the Republic of Tajikistan;

- to self-government institutions of settlements and dekhot - chairmen of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas of republican subordination.

8. The bodies specified in Item 6 provide execution of military transport obligation by the organizations which are in their territories. Lists of the vehicles provided to troops, forming and bodies are established by the Ministry of Defence of the Republic of Tajikistan.

9. Accounting of vehicles according to lists, stipulated in Item 8 Provisions, is assigned on district and city (without district division) military commissariats (further - military commissariats) and to the General Staff of Armed Forces of the Republic of Tajikistan.

10. The accounting treatment for the vehicles determined stipulated in Item the 8th list is established by the Ministry of Defence of the Republic of Tajikistan in coordination with the bodies performing state registration of vehicles.

11. Check of technical condition of the vehicles provided to troops, forming and bodies is carried out by divisions of Military automobile inspection according to the State automobile inspection of the Ministry of Internal Affairs of the Republic of Tajikistan and other state supervision bodies and control of technical condition of vehicles of the Republic of Tajikistan with participation of representatives of troops, forming and bodies.

12. Vehicles are provided technically operational, with the passports and forms, the corresponding operating manuals of the special equipment, spare part cases attached to machines, the driver's and entrenching tool, accessories and stock.

13. The cargo vehicles intended for transportation of staff shall be equipped with removable seats.

14. For the purpose of ensuring accomplishment of military transport obligations representation of vehicles is made with the allowance on possible rejection of vehicles on technical condition in the sizes established by coordination councils of local actuators of the government on representations of military commissariats proceeding from actual state of vehicles. In limits of provision of vehicles the percentage allowance on possible rejection of vehicles is not set off, after accomplishment of obligation, the going to excess vehicles return to delivery of vehicles to the organizations and citizens.

15. Release from delivery of vehicles (the list of owners of the vehicles exempted from provision of vehicles) in case of mobilization is established and made based on resolutions of chairmen of the Mountain Badakhshan autonomous region, areas, the city of Dushanbe, the cities and areas of republican subordination.

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