LAW OF THE REPUBLIC OF TAJIKISTAN

of June 22, 2023 No. 1968

About authorization system

Accepted by the Resolution MH MOPT of June 7, 2023, No. 1018

Approved by the Resolution MM MORT of June 16, 2023, No. 385

This Law establishes legal, organizational and economic basis of authorization system, criteria of determination of the types of activity and (or) actions regulated in the Republic of Tajikistan within authorization system and is aimed at ensuring compliance with standards, allowing conditions and qualification requirements and conditions, ensuring protection of the rights and interests of persons, societies and the states.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) making of acts of approval and approval - administrative actions of one-time nature of allowing bodies for approval of making of certain types of activity, actions and (or) acts of business entities;

2) the applicant - the business entity who filed in allowing bodies petition on receipt of the license, allowing document, making of acts of approval and (or) approval and adoption of notifications on implementation of specific type of activity and (or) action;

3) adoption of the notification - the administrative action of one-time nature of authorized state bodies for adoption of the notification and the documents attached to them directed by business entities concerning the notification on the beginning of implementation of certain types of business activity and making of certain actions;

4) the owner of the allowing document - the business entity having the existing allowing document;

5) the license - the special administrative document of allowing nature issued by allowing body to business entities on implementation of certain types of activity or the action connected with high risk level with observance of allowing conditions and qualification requirements and conditions;

6) the licensee - business entity who has the current license on implementation of special activities or action;

7) the work or service requiring receipt of the allowing document - work or service which accomplishment without receipt of the allowing document according to the procedure, provided by this Law, is forbidden;

8) allowing bodies - the executive bodies of the government authorized on issue of licenses, allowing documents, making of acts of approval and approval and adoption of notifications;

9) allowing executive bodies - executive bodies of the government, authorized to adopt statements on types of activity which documents of allowing nature it is issued by the resolution or the order of the Government of the Republic of Tajikistan;

10) approval by default - the procedure owing to which the license, the allowing document, the act of approval and approval and adoption of notifications are considered issued, renewed and renewed if the allowing body did not pass the decision according to the statement with the notification of the applicant in terms and on the conditions provided by this Law;

11) the goods requiring receipt of the allowing document - goods, import to the territory of the Republic of Tajikistan and their export from which territory of the Republic of Tajikistan, and also the order by which are performed based on the allowing document received according to requirements of this Law;

12) the licensed type of activity - special activities or action on implementation of which in the territory of the Republic of Tajikistan are required receipt of the license according to the requirement of this Law;

13) authorization system - system of activities of allowing bodies for consideration of the application on licensing, allowing documents, making of acts of approval and approval, and also to issue of licenses, allowing documents, making of acts of approval and approval, renewal, suspension, renewal of licenses, and cancellation of licenses, allowing documents, making of acts of approval and approval, adoption of notifications of business entities;

14) the state information system of issue of licenses, allowing documents, acts of approval and approval, the received notifications (further - the state information system) - complex of software, methods and procedures for receipt of electronic request for issue of licenses, allowing documents, making of acts of approval and approval and the received notifications, acceptance, processing, transfer, storage, integrity checking of the submitted documents and execution of licenses, allowing documents, acts of approval and approval, the accepted notifications, maintaining the register of licenses, allowing documents, acts of approval and approval and the accepted notifications;

15) electronic system for filing of application (further - electronic system) - the information system used by the applicant for filing of application on provision, renewal, the termination, issue of the duplicate of the license, allowing document, and also on passing of the procedure of approval and approval, the direction of notifications in digital form, online, being component of the state system of issue of licenses, allowing documents, acts of approval and approval, the direction of notifications;

16) the notification - the document constituted by the applicant in the approved form and informing on the beginning or on the termination of certain type of activity or action;

17) business entity - the legal entity (irrespective of pattern of ownership), including branch and representation of the foreign legal entity and individual entrepreneur performing business activity;

18) qualification requirements and conditions - set of the established requirements and conditions which accomplishment for the licensee, the person who received the allowing document and faces, underwent the procedure of approval and approval, and also the notification is obligatory;

19) registers of licenses, allowing documents, acts of approval and approval and the accepted notifications - set of the data on the licenses, allowing documents, acts of approval and approval provided, renewed, suspended, renewed and the stopped (cancelled), received notifications which are component of the state information system;

20) the unified state register of licenses, allowing documents, acts of approval and approval, the accepted notifications (further - the unified state register) - the exhaustive list of all licenses, allowing documents, acts of approval and approval, the accepted notifications representing the generalized database and information on all license types, allowing documents, acts of approval and approval and the accepted notifications;

21) the allowing document - the administrative document of allowing nature in the form of permission, the certificate, the conclusions, certificates, the certificate, the omission, registration, task, the decision and other document type of allowing nature issued by allowing bodies to business entity for implementation of certain type of activity or action on certain types of goods, works and services with indication of the term of its action in case of obligatory observance of allowing conditions and qualified requirements and conditions;

22) documents of allowing nature - licenses, allowing documents, acts of approval and approval, the notification;

23) allowing conditions - set of the requirements and conditions following from this Law, other regulatory legal acts of the Republic of Tajikistan in the field of regulation of authorization system and which accomplishment by the applicant is obligatory in case of receipt of the allowing document.

Article 2. Legislation of the Republic of Tajikistan on authorization system

The legislation of the Republic of Tajikistan on authorization system 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 the international legal acts recognized by Tajikistan.

Article 3. Coverage of this Law

Operation of this Law extends to the activities or actions provided in the unified state register of permissions, allowing documents, acts of approval and approval, the received notifications.

Article 4. Criteria of determination of the types of activity and (or) actions regulated in the Republic of Tajikistan within authorization system

1. Types of activity or actions which are based on risk belong to criteria of determination of types of activity and (or) actions, and also the goods, works and services requiring receipt of documents of allowing nature and their implementation can cause damage to legitimate rights and interests of persons, the environment, defense and safety of the state, historical and cultural heritage, and their regulation is impossible in other ways, except authorization system.

2. Types of activity and (or) actions which correspond to one of the following criteria belong to types of activity and (or) the actions requiring receipt of the license, the allowing document, the act of approval and approval, the direction of the notification:

1) need of use of limited state resources;

2) need of establishment of qualification requirements and conditions of activities and (or) actions, supervision of their observance during activities and (or) actions for the purpose of prevention of causing damage to legitimate rights and interests of citizens, the environment, defense and safety of the state, historical and cultural heritage.

Article 5. The unified state register of licenses, allowing documents, acts of approval and approval, the received notifications and procedure for introduction of changes in it

1. The unified state register of permissions, allowing documents, acts of approval and approval, the received notifications, (further - the unified state register) is established by this Law attached).

2. In the Unified state register the following information is specified:

1) type of the licensed activities and actions, subspecies of the licensed activities and actions;

2) the list of allowing documents for activities and actions, subspecies of activities and the actions requiring receipt of allowing documents;

3) the list of acts of approval and approval for making of activities and actions, subspecies of activities and actions for which making acts of approval and approval are required;

4) the list of the notifications received for activities and actions;

5) the amount of collection for licensing, issue of the allowing document, making of acts of approval and approval, receipt of the notification with indicator for calculations (collection for consideration of the application, one-time collection for issue and the subsequent annual collection for action maintenance the license, the allowing document, making of acts of approval and approval, receipt of the notification).

3. Introduction (introduction) of documents of allowing nature, their change and removal is performed only by modification and amendments of the unified state register.

4. Allowing bodies have no right to issue to business entities the documents of allowing nature which are not containing in the unified state register. Issue of documents of allowing nature to business entities by the state bodies which are not provided in the unified state register is forbidden.

Article 6. Competence of the Government of the Republic of Tajikistan in authorization system

Are within the competence of the Government of the Republic of Tajikistan in authorization system:

1) development of state policy in the field of authorization system;

2) determination of authorized state body in the field of regulation of authorization system;

3) determination of allowing bodies;

4) approval of procedure for issue of licenses, allowing documents, acts of approval and approval, adoption of notifications;

5) licensing and allowing document;

6) approval of 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 authorization system;

7) approval of rules of maintaining register of licenses, allowing documents, acts of approval and approval, adoption of notifications;

8) implementation of other competence, stipulated by the legislation Republic of Tajikistan.

Article 7. Powers of authorized state body in the field of regulation of authorization system

In the field of regulation of authorization system treat powers of authorized state body:

1) realization of state policy in the field of regulation of authorization system;

2) monitoring of execution of this Law and other regulatory legal acts adopted in pursuance of this Law and by its results submission of annual information to the Government of the Republic of Tajikistan;

3) check of activities of state bodies for observance of regulatory legal acts of the Republic of Tajikistan in the field of regulation of authorization system;

4) approval of the standard application form on receipt of the license, allowing document, acts of approval and approval, adoption of notifications;

5) introduction of suggestions for improvement of regulatory legal acts of the Republic of Tajikistan in the field of regulation of authorization system;

6) implementation of other powers, stipulated by the legislation Republic of Tajikistan.

Article 8. Powers of allowing bodies

Treat powers of allowing bodies:

1) consideration of the applications on receipt of licenses, allowing documents, acts of approval and approval, adoption of notifications;

2) issue of licenses, allowing documents, acts of approval and approval, adoption of notifications;

3) renewal of licenses and allowing documents;

4) suspension of action of the license and allowing document;

5) recovery of action of the license and allowing document;

6) issue of the duplicate of the license and allowing document;

7) refusal in licensing and the allowing document, making of acts of approval and approval, adoption of notifications;

8) maintaining registers of licenses, allowing documents, acts of approval and approval, the received notifications;

9) approval in coordination with authorized state body in the field of the regulation of authorization system of forms of licenses, allowing documents, acts of approval and approval, documents confirming adoption of notifications;

10) reclamation from the licensee, the owner of the allowing document, the business entity who underwent the procedure of approval and approval, and also the procedure of the notification, information on observance of allowing conditions and qualification requirements and conditions;

11) check of observance of requirements and conditions of issue of licenses, allowing documents, acts of approval and approval, adoption of notifications;

12) implementation of other powers, stipulated by the legislation Republic of Tajikistan.

Article 9. Powers of allowing executive bodies

In the cases established by this Law, competence of the Government of the Republic of Tajikistan on issue of documents of allowing nature is performed by allowing executive bodies.

Article 10. Control

1. Control over observance of allowing conditions, qualification requirements and conditions is performed by allowing bodies within powers in the form of monitoring, check, request of the relevant information at business entity, reclamation of their statistical data, the analysis on activities of business entity.

2. Check of observance of allowing conditions, qualification requirements and conditions is performed according to the procedure, provided by the Law of the Republic of Tajikistan "About check of activities of business entities".

Article 11. Action of documents of allowing nature

1. The type of activity and (or) actions on which implementation documents of allowing nature are issued is performed only by their owner.

2. Documents of allowing nature act on the territory of the Republic of Tajikistan.

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