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LAW OF THE REPUBLIC OF TAJIKISTAN

of November 13, 1998 No. 704

About National Archive Fund and archival organizations

(as amended on 02-08-2011)

This Law governs the public relations in the field of forming, storage, accounting and use of documents of National Archive Fund of the Republic of Tajikistan, and also public administration by archiving in the Republic of Tajikistan.

Article 1. National Archive Fund

The National Archive Fund is component of domestic and world historical and cultural heritage, and also information resources of society which part set of documents, irrespective of their type, the place of creation and pattern of ownership which are kept in the Republic of Tajikistan and beyond its limits, reflecting history of spiritual and material life of the people having scientific, historical and cultural value is.

The National Archive Fund is under protection of the state and is intended for satisfaction of information, welfare, scientific and other requirements of society, implementation of legitimate rights and interests of citizens. The state guarantees conditions for storage, protection, enhancement and use of National Archive Fund, assists world-class achievement in archiving development.

Article 1 (1). Basic concepts

In this Law the following basic concepts are used:

- archive - archival organization or structural division of state body, the company, organization, the organizations performing completing, accounting, storage and use of archive documents;

- the archive document - the document which is stored having the state and public importance irrespective of information forms, and also the document containing historical, scientific, art and cultural value;

- unique documentary monuments - the unique or especially important archive document referred in accordance with the established procedure to category of documentary monuments;

- archival fund - the code of archive documents of one organization or the individual;

- archiving - activities of physical persons and legal entities for collection, accounting, storage and use of documents of fund of archive;

- temporary storage of archive documents - storage of archive documents to the term of the destruction established according to holes

mativny legal acts;

- permanent storage of archive documents - dead (eternal) storage;

- the owner of archive documents - the physical persons and legal entities having powers of ownership, the order and use of archive documents;

- archival organizations - the Public Records Offices, industry archival funds, departmental and interdepartmental archives created according to the procedure, established by the Government of the Republic of Tajikistan, and the providing collection, accounting, storage and use of documents of archival fund.

Article 2. Legislation of the Republic of Tajikistan on National Archive Fund and archival organizations

The legislation of the Republic of Tajikistan on National Archive Fund and archival organizations 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.

Article 3. State registration of documents of National Archive Fund

State registration of documents of National Archive Fund is performed by Authorized archival body under the Government of the Republic of Tajikistan and the archival organizations authorized by it according to the procedure established by the Government of the Republic of Tajikistan.

Article 4. Unique documentary monuments

Unique documentary monuments the documents of National Archive Fund having special historical and cultural value are recognized.

The procedure for reference of documents of National Archive Fund to unique documentary monuments, and also their storages is established by the Government of the Republic of Tajikistan.

Unique documentary monuments are subject to compulsory insurance.

The persons storing unique documentary monuments, having the right to give to the public archival institutions opportunity to make their insurance copies for use.

Article 5. Reference of documents in National Archive Fund

Documents of National Archive Fund are subject to obligatory state accounting. Inclusion of documents in National Archive Fund or exception of documents of it is performed based on examination of their value according to the procedure, determined by authorized archival body under the Government of the Republic of Tajikistan.

Disputes between archival organizations and owners of documents concerning purpose of examination of inclusion of documents in National Archive Fund or exceptions of it are permitted judicially.

Article 6. System of archival organizations of the Republic of Tajikistan

It is excluded according to the Law RT of 02.08.2011 No. 763

The system of archival organizations of the Republic of Tajikistan is constituted:

- Authorized archival body under the Government of the Republic of Tajikistan;

- central Public Records Offices;

- industry Public Records Offices;

- local public archival institutions;

- archival divisions of scientific institutions, state museums and libraries;

- archival divisions of state bodies, state companies, organizations and organizations;

- archives (archival divisions) of public associations of citizens, non-state companies, organizations and organizations.

Article 7. Authorized archival body under the Government of the Republic of Tajikistan

The authorized archival body under the Government of the Republic of Tajikistan (further - Authorized archival body) is specially authorized central body of the state executive authority which exercises control of archiving in the Republic of Tajikistan.

On Authorized archival body control and normative and methodical ensuring record keeping and archiving in state bodies of the companies, organizations and the organizations, irrespective of patterns of ownership and subordination are imposed.

The regulations on Authorized archival body under the Government of the Republic of Tajikistan affirm the Government of the Republic of Tajikistan.

Article 8. Central Public Records Offices

The central Public Records Offices are created according to the decision of the Government of the Republic of Tajikistan for permanent storage of archive documents of nation-wide value according to the profile. They are the scientific and methodical centers in the field of archiving.

The regulations on the central Public Records Offices of the Republic of Tajikistan affirm Authorized archival body.

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