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CODE OF THE REPUBLIC OF TAJIKISTAN

of March 5, 2007

About ministerial procedures

(as amended 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.

2. Action of this Code extends to the activities of the Government of the Republic of Tajikistan regarding permission of administrative disputes between administrative authorities on differentiation of powers, priority of the adopted administrative legal acts and appeal of administrative legal acts and actions of administrative authorities and officials of these bodies connected with implementation of administrative function and also to activity of the courts when implementing production about ministerial procedures in court.

3. Action of this Code does not extend to activities of administrative authorities in the following cases:

- criminal prosecution of persons in connection with crime execution and criminal proceeding; operational search activities;

- execution of the sentence which took legal effect or the judgments;

- decision makings on military questions;

- implementation of foreign policy.

Article 4. Basic principles of ministerial procedures

The code about ministerial procedures of the Republic of Tajikistan is based on the principles of equality before the law, implementation of powers based on the law, harmony, impartial implementation of ministerial procedures and confidentiality.

Article 5. Principle of equality before the law

1. Participants of ministerial procedures are equal before the law.

2. Restriction of the rights and freedoms, legitimate interests any of the parties - participants of administrative processes of law or hindrance is forbidden to their implementation, and also provision of any benefit which is not provided by the law by it or acceptance against any of the parties of any discriminatory measures.

Article 6. The principle of implementation of powers based on the law

1. The administrative authority has no right to perform any action contradicting requirements of the laws.

2. The administrative authority adopts the administrative legal act attracting restriction of rights and freedoms of man and citizen only in the cases provided by the Constitution of the Republic of Tajikistan within the competences.

The administrative legal act published with abuse of authority has no legal force.

Non-execution of properly office powers or excess of office powers by officials of administrative authority attracts the responsibility established by the law.

Article 7. Principle of harmony

The benefit which society receives from the restrictions put on face shall be big, than restriction of its rights or legitimate interests. Restrictions of the rights or legitimate interests of person are justified only with the considerable benefit for society.

Article 8. Principle of impartial implementation of ministerial procedures

1. The administrative authority shall perform the powers without prejudice.

2. The officials having private interest cannot take part in ministerial procedures or in the presence of other circumstances able to make impact on decision making.

Article 9. Principle of confidentiality

1. The official of administrative authority has no right to disclose or use in out of the office purposes information containing the state, trade or personal secret received during ministerial procedures. It cannot be the basis for refusal of fulfillment of duties, stipulated in Article the 12th of this Code.

2. The procedure for maintaining confidentiality of information obtained when implementing office powers is established by the law.

Article 10. Obligation of administrative authorities when rendering legal assistance

1. The administrative authority shall give within the competence and means which are available for it necessary legal assistance to other administrative authority based on the corresponding written request.

2. The legal assistance is not considered:

- accomplishment of any request of higher or subordinate administrative authority;

- action which obligation of accomplishment is assigned to administrative authority by the law.

Article 11. Conditions and limits of legal assistance

The administrative authority has the right to make to other administrative authority inquiry about rendering legal assistance if:

- he is not able to perform independently action owing to the legal or actual reasons;

- for accomplishment of actions it has no sufficient knowledge and skills of the facts necessary for action accomplishment;

- the documents or any other proofs necessary for permission of question are in the relevant administrative authority;

- the means necessary for accomplishment of actions by own efforts, significantly exceed expenses on rendering legal assistance by other administrative authority.

Article 12. Refusal in rendering legal assistance

1. The administrative authority has the right not to give legal assistance if:

- it goes beyond the powers determined by the law;

- rendering legal assistance does harm to interests of the state, or implementation by administrative authority of the obligations assigned by the law.

2. If the administrative authority refuses rendering legal assistance, it shall notify in writing in week time on it the administrative authority which appealed to it.

3. Disputes between subordinate administrative authorities on rendering legal assistance are considered by higher administrative authority, and in the absence of that - court in the location of the administrative authority which refused rendering legal assistance.

4. The claim for implementation of action is made in court after receipt of written refusal of higher administrative authority by the relevant administrative authority in rendering legal assistance.

5. Refusal in rendering legal assistance also non receipt of the answer from administrative authority in fifteen-day time is considered.

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