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of March 5, 2007

About ministerial procedures

(In edition of the Law of the Republic of Tajikistan of 28.12.2012 No. 929)

Chapter 1. General provisions

Article 1. Code purposes

1. This Code determines procedure for preparation, acceptance and execution of administrative legal acts, considerations of administrative statements and claims, implementation of production about ministerial procedures in court, interactions of administrative authorities.

2. The purpose of the Code is ensuring compliance by administrative authorities with rule of law, rights and freedoms of man and citizen, interests of society, state and legal entities.

Article 2. Basic concepts

In this Code the following basic concepts are used:

- administrative authority - executive body of the government, including local executive, public authority, self-government institutions in the settlement and the village, and also any physical person or legal entity which is carrying out public powers based on the law;

- collegiate administrative authority - the administrative authority consisting of several members, considering and making decisions in joint structure according to requirements of regulatory legal acts;

- the concerned party - physical person or legal entity, administrative authority concerning which the administrative legal act is adopted and also on legitimate interests of which exerts direct and direct impact the administrative legal act or actions of administrative authority;

- administratively - the legal act - the administrative act and the normative administrative legal act accepted by administrative authority based on the law or other regulatory legal act;

- the administrative act - the individual administrative legal act adopted by administrative authority based on the law or other regulatory legal act, establishing, changing, permitting or confirming the rights and obligations of person or the limited group of people. The administrative act the decision on refusal which is also made by administrative authority to the applicant in satisfaction of its request on the questions which are within the competence of this body, and also the document published or certified by administrative authority which can entail consequence in law, including the certificate, the license, permission, etc. is considered;

- the normative administrative legal act - the obligatory administrative legal act published by authorized administrative authority based on the law or other normative right act adopted on its basis, containing general rules of conduct of permanent or temporary and repeated application including the instruction, provision, the charter, etc.

- the administrative statement - the written requirement submitted in the procedure established by this Code the party interested in the edition of the administrative act;

- the administrative claim - the written requirement submitted the concerned party in the procedure established by this Code in competent administrative authority about recognition of the administrative legal act invalid, change or adoption of the new administrative legal act for the purpose of recovery of the violated right;

- ministerial procedures - activities of administrative authority for the purpose of preparation, acceptances and execution of the administrative legal act, and also consideration of administrative statements and claims;

- oral hearing - ministerial procedure when which carrying out the administrative authority hears concerned parties and other participants of procedures.

Article 3. Code coverage

1. Action of this Code extends to activities of administrative authorities and does not extend to activities of the following state bodies:

- Majlisi milli and Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan;

- President of the Republic of Tajikistan;

- The governments of the Republic of Tajikistan, except as specified, provided by part two of this Article;

- the courts of the Republic of Tajikistan, except as specified, provided by Chapter 6 of this Code;

- bodies of prosecutor's office of the Republic of Tajikistan.

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