of May 16, 1997 No. 464
About privatization of state-owned property in the Republic of Tajikistan
This Law governs the relations between the state on behalf of the bodies authorized by it and legal, physical persons in the course of privatization of state-owned property.
Privatization of state-owned property - the activities for cession of property performed by the state, the state which is in property, in personal property of physical persons and legal entities according to the procedure, established by the legislation of the Republic of Tajikistan.
The legislation of the Republic of Tajikistan on privatization of state-owned property 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.
Privatization of the state-owned property which is outside the Republic of Tajikistan is regulated by this Law if other is not provided by the international legal acts recognized by Tajikistan.
The basic principles of carrying out privatization are:
c) equal rights of citizens on receipt of share in property, privatizeable;
e) legal succession.
The bodies authorized by the state in the sphere of privatization are:
concerning republican property - the Government of the Republic of Tajikistan;
concerning property of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, the cities, areas - the relevant Majlises of People's Deputies and, within competence, Chairmen of the Gorno-Badakhshan Autonomous Region, areas of the cities and areas.
The government of the Republic of Tajikistan within the competence:
provides implementation of state policy in the field of privatization of state-owned property;
provides process control of privatization of state-owned property according to the legislation of the Republic of Tajikistan;
approves privatization programs of state-owned property;
approves procedure and evaluation methods of cost of the privatized objects;
makes relevant decisions concerning privatization.
The government of the Republic of Tajikistan in the procedure established by the law has the right to delegate part of the powers in the sphere of privatization to the State authorized body on management of state-owned property of the Republic of Tajikistan.
The powers of local Majlises of People's Deputies, chairmen of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas in the sphere of privatization following from article 5 of this Law are regulated by the legislation of the Republic of Tajikistan.
Subjects to privatization are:
a) all types of property of the state companies intended for its activities and also the land use right to the parcels of land on which they are located, the right to claim, debts, exclusive rights belonging to the company as to the legal entity;
b) production and non-productive divisions and structural units of the state company, as property complex which privatization does not break production cycle;
c) separate (allocated, specially intended for privatization) property of the state company;
d) shares, the companies and the organizations belonging to the state.
The state-owned property to become subject to privatization from the moment of decision about its privatization by the state body specified in article 5 of this Law.
Privatizations the objects which are according to article 13 of the Constitution of the Republic of Tajikistan exclusive property of the state and also objects of historical heritage and national property, the building and construction of state bodies, water supply systems drinking water, the defensive companies, the companies for burial of radioactive waste, and also property of hydroelectric power station Nurek are not subject.
Privatization of the objects providing activity of urban economics and areas objects of fuel and energy complex, water management constructions (except for water supply systems drinking water), railway tracks and road communications, communication networks; health care facilities and educations are performed according to the decision of the Government of the Republic of Tajikistan.
The list of objects which according to this Law are not subject to privatization affirms the Government of the Republic of Tajikistan.
Objects, stipulated in Article 8 and part two of this Article, transferred according to the Law of the Republic of Tajikistan "About public-private partnership" to public-private partnership, cannot be privatized during operation of the agreement on public-private partnership.
Subjects of privatization are physical persons and legal entities.
Legal entities in the authorized capital of which share of the state cannot be subjects of privatization exceeds 25 percent.
The procedure for participation of foreign physical persons and legal entities in privatization of state-owned property is determined by the legislation of the Republic of Tajikistan.
Privatization is performed in the following forms:
a) sales at the biddings;
b) on the individual project of privatization on competitive basis.
Determination of forms and conditions of privatization, procedure for tendering, and also approval of individual projects of privatization are performed by the Government of the Republic of Tajikistan.
The auction is held in the form of auction or the tender.
Before tendering the seller shall provide exhaustive information on the privatized object upon the demand of the buyer.
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