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LAW OF THE REPUBLIC OF TAJIKISTAN

of December 11, 1999 No. 897

About the state defense order

(as amended on 27-11-2014)

This Law taking into account safety of the state and strengthening of defense power of the state governs the public relations connected with the state defense order.

Article 1. Tasks of this Law

Tasks of this Law are establishment of the general legal and economic principles of procedure for forming, placement, financing and execution of the state defense order.

Article 2. Basic concepts

In this Law the following basic concepts are used:

the state defense order (further - the defense order) the legal act providing works on creation, production and delivery of products for the state needs made at the companies of the Republic of Tajikistan for the purpose of strengthening of defense capability and safety of the Republic of Tajikistan: military weapon, ammunition, military equipment, other military property, components and materials (further - products), performance of works and provision of services (further - works, services), and also production and deliveries of products (works, services) in the field of military and technical cooperation of the Republic of Tajikistan with foreign states according to the international legal acts recognized by the Republic of Tajikistan;

the state customer of the defense order (further the state customer) - the State committee of homeland security of the Republic of Tajikistan, the Ministry of Internal Affairs of the Republic of Tajikistan, the Ministry of Defence of the Republic of Tajikistan, National guard of the Republic of Tajikistan, Committee on emergency situations and civil defense under the Government of the Republic of Tajikistan, Agency on providing with special property under the Government of the Republic of Tajikistan, Head department on execution of criminal penalties of the Ministry of Justice of the Republic of Tajikistan and trade of the Republic of Tajikistan, the Central committee of the organization of assistance to defense of the Republic of Tajikistan performing purchase orders of products (works, services) by the defense order. The state customer of the defense order, 6 parts one of article 4 of this Law specified in Items 1-5, 7-8, 11-12 and Item regarding production of nonfoods can be also the head contractor

the head contractor of the defense order (further - the head contractor) - the Industry ministry and new technologies of the Republic of Tajikistan, the signed public contract with the state customer on deliveries of products (works, services) by the defense order also is organizing and providing accomplishment of the turnover order the contractor of the defense order (further - the contractor) subordinated to the Industry ministry and new technologies of the Republic of Tajikistan. the companies participating in accomplishment of the defense order on the basis of the contract by the state customer or with the head contractor. The companies subordinated to other ministries and departments or subordinated directly to the Government of the Republic of Tajikistan, and also the foreign legal entities participating in accomplishment of the defense order on the basis of the contract with the head contractor or the contractor can be contractors of the defense order also;

the public contract - the agreement signed by the state customer with the head contractor and providing obligations of the parties, and their responsibility for accomplishment of the defense order;

the contract - the agreement signed by the head contractor with the state customer or the contractor (other contractor) and providing obligations of the parties, and their responsibility for accomplishment of the defense order.

Article 3. Legislation of the Republic of Tajikistan on the state defense order

The legislation of the Republic of Tajikistan on the state defense order 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 4. Structure and procedure for financing of the state defense order

The defense order can be included:

1. research and development works on creation, upgrade, utilization and destruction taken out of service of arms and military equipment, and also work on development and the organization of productions of other military property; at the companies, in the organizations and organizations, irrespective of conditions of managing and patterns of ownership (further - the companies, unless otherwise specified);

2. research and development works on development of research, design and production and technological base of the organizations for the purpose of ensuring accomplishment of the defense order, and also increase in mobilization preparation of economy of the Republic of Tajikistan;

3. serial production and deliveries of arms and military equipment, and also components and materials;

4. works on repair and upgrade of arms and the military equipment, warranty and designer's service of their condition, and also on utilization and destruction taken out of service of arms and military equipment;

5. works on creation, production and delivery of products (works, services) together with foreign legal entities according to international treaties which participant is the Republic of Tajikistan;

6. production of ware and military property, food and nonfoods;

7. works on mobilization preparation of economy of the Republic of Tajikistan;

8. deliveries of products (works, services) for needs of civil defense;

9. creation, production, updating and replication of large-scale number of topographical plans and cards;

10. withdrawal of the parcels of land for defense needs;

11. construction, reconstruction and modernization of the objects of the head contractor intended for accomplishment of the defense order, including for the utilization and destruction taken out of service of arms and military equipment;

12. other works on strengthening of defense capability and safety of the Republic of Tajikistan.

The defense order shall contain:

1. the list (nomenclature) and quantity of products (works, services) which are subject to deliveries and terms of its deliveries;

2. the predicted cost (price) of the defense order in general, and also according to its Sections and separate stages of realization;

3. list of the state customers;

4. list of the head contractor and contractors;

Works on creation and production of components and materials for ensuring accomplishment of the defense order belong to works on the defense order. Financing of the defense order is performed at the expense of the republican budget by means of allocation of assignments by the state customer. At the same time the financial resources necessary for the head contractor for accomplishment of the state defense order are specified separately in the republican budget.

Payment of deliveries (works, services) by the defense order is made in accordance with the terms of the public contract (contract).

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