LAW OF THE REPUBLIC OF TAJIKISTAN

of December 22, 2006 No. 216

About the state material reserve

This Law establishes the basic principles, methods and mechanisms of forming, management and regulation of the state material reserve in the Republic of Tajikistan.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- the state material reserve (further - the state reserve) - special inventories of strategic materials and goods, inventories of the material values provided for ensuring mobilization and urgent works in case of mitigation of consequences of emergency situations, support to various industries of economy of the state and to the organizations, humanitarian assistance and the regulating impact on the market;

- mobilization reserve - the inventories of material values and materials for mobilization needs of the state intended for ensuring expansion of production of military and other industrial output, repair of military equipment and property during the special period, expansion in wartime of works on recovery railway and highways, airfields, the line and construction of communication, gazo-and oil pipelines, systems power - and water supply for the organization of smooth operation of the industry, transport and communication, provision of medical care;

- system of the state reserve - the state bodies, the companies and the organizations participating in management process, decision makings, development and implementation of state policy in the field of the state reserve and also in the course of acceptance, storage and leave of material values of the state reserve;

- laying of material values in state rezervprinyaty material values for storage in the state reserve;

- release of material values from state rezervabezvozmezdny leave of material values of the state reserve or their realization in the market;

- material values - products necessary for providing  the tasks set before authorized state body, the nomenclature (list) which it is determined by the Government of the Republic of Tajikistan;

- refreshening of the state reserve - release of material values from the state reserve before the expiration of fixed terms of their storage in case of simultaneous or with gap in time to laying of values in the state reserve of equal quantity and similar quality of material values;

- borrowing of material values from the state reserve - release of material values from the state reserve under certain conditions with the subsequent return to the state reserve;

- replacement of material values of the state reserve - release of material values from the state reserve in connection with change of standards and manufacturing techniques of products with simultaneous laying of the material values conforming to the existing standards and manufacturing techniques of products;

- razbronirovaniye of material values of the state reserve - release of material values from the state reserve without subsequent their bookmark in the state reserve;

- not reduced inventory - constantly supported amount of inventory of material values of the state reserve determined by the Government of the Republic of Tajikistan;

- authorized state body - the executive body of the government authorized by the Government of the Republic of Tajikistan for realization of state policy in the field of the state reserve;

- the responsible keeper of the state reserve the state company the representative state body, and other company which is specially determined by the body realizing policy for storage of the state reserve.

Article 2. Legislation on the state material reserve

The legislation on the state material reserve 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 the international legal acts recognized by the Republic of Tajikistan.

Article 3. Purpose of the state reserve

The state reserve is intended for:

- ensuring mobilization needs;

- ensuring urgent works in case of mitigation of consequences of emergency situations;

- rendering the state support to various industries of the national economy, to the organizations for the purpose of stabilization of economy, in case of temporary violations of supply raw and fuel and energy resources, food with case of emergence of disproportion between the demand and supply in the domestic market;

- humanitarian assistance;

- rendering the regulating impact on the market.

Article 4. System of the state reserve

1. Maintaining policy, management of system of the state reserve, establishment of procedure, rules and regulations in the field of the state reserve is performed by authorized state body.

2. Forming, storage and servicing of inventories of material values of the state reserve are provided with responsible keepers of authorized state body. Forming, storage and servicing of mobilization reserve is performed according to the procedure, established by the Government of the Republic of Tajikistan.

3. Objects, property of authorized state body, and material values of the state reserve are state-owned property, cannot be subject of pledge and privatizations are not subject.

Article 5. Nomenclature and amounts of accumulating of material values of the state reserve

1. The nomenclature and amounts of accumulating of material values in the state reserve are established by the Government of the Republic of Tajikistan.

2. The annual amount of accumulating of material values in the state reserve is planned within the means provided on these purposes in the government budget for the next financial year, and also taking into account amount of accumulating, established by the Government of the Republic of Tajikistan.

Article 6. Not reduced inventory of the state reserve

1. In structure of the state reserve not reduced inventory of material values is formed.

2. The nomenclature and amounts of the material values which are subject to storage in not reduced inventory of the state reserve are established by the Government of the Republic of Tajikistan.

Article 7. Financing of the state reserve

1. The content and development of system of the state reserve and expenses connected with delivery bookmark and safe custody of material values of the state reserve are payment commitments of the Government of the Republic of Tajikistan.

2. The means paid by receivers of the material values issued from the state reserve in connection with refreshening, replacement, razbronirovaniye or on other bases and also the penalty (penalties and penalty fee) levied according to legal acts are enlisted in the income of the government budget.

Article 8. Powers of the Government of the Republic of Tajikistan in the organization and management of the state reserve

Government of the Republic of Tajikistan:

- determines single policy of management and regulation of the state reserve, performs the common directorship of system of the state reserve, determines authorized state body;

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