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Ministry of Justice

Republic of Tajikistan

of August 14, 2007 No. 294

Approved by the Order of the Ministry of Economic Development and Trade of the Republic of Tajikistan of June 13, 2007, No. 11

Procedure for hearing of cases on signs of violation of the law of the Republic of Tajikistan about advertizing

Section 1. General provisions

This Procedure is developed according to articles 27, of 31 Law of the Republic of Tajikistan "About advertizing" and establishes the procedure and terms of hearing of cases by the authorized body performing exclusive policy (further authorized body) and its territorial administrations (further territorial administrations) on signs of violation of the law of the Republic of Tajikistan about advertizing and acceptances on them relevant decisions.

1. Proceedings on signs of violation of the law of the Republic of Tajikistan on advertizing are initiated and considered based on statements of physical persons and legal entities, bodies of authority and management, societies and consumers unions, representation of prosecutor's office and at the initiative of the most authorized body.

The authorized body (territorial administration) considers cases on own initiative in case of receipt of the data by his officials testimonial of signs of violation of the law of advertizing, from physical persons and legal entities, through mass media, by results of the performed and other legitimate sources of information.

2. The application is submitted in authorized body (territorial administration) in writing with application of documents (in the original or properly verified copies), violations of the law, testimonial of the facts, about advertizing.

Documents in foreign languages are submitted with appendix of certified translation.

The statement shall contain the following data:

- information about the applicant;

- the name of business entity concerning which the application is submitted;

- the description of violation of the law about advertizing;

- being of requirements and offers.

The documents and statements containing trade secret are not subject to disclosure.

3. The authorized body (territorial administration) considers the arrived application within a month from the date of its receipt. In case of the insufficiency or failure of evidence allowing to come to conclusion about availability or lack of signs of violation of the law about advertizing additional data can be requested from the applicant.

Authorized body (territorial administration) for collection and the analysis of the corroborating evidences having the right to extend the term of consideration of the application up to two months from the moment of its receipt.

4. In the absence of signs of violation of the law about advertizing, the authorized body (territorial administration) shall notify in writing the applicant in terms, the stipulated in Item 3 presents of procedure.

5. Cases on signs of violation of the law on advertizing are considered by authorized body and the relevant territorial administrations in the place of making of offense.

Hearing of cases is performed according to the procedure established by the Section the second this procedure.

Section 2. Procedure for hearing of cases on signs of violation of the law about advertizing

6. All preparatory work on consideration of the applications, acts (protocols) on signs of violation of the law of advertizing is conducted corresponding authorized by body and territorial administrations.

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