Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF TAJIKISTAN

of November 29, 2000 No. 33

About power

(as amended on 28-12-2013)

This Law determines the basic organization-legal principles and methods of regulation of economic activity in the field of power industry of the Republic of Tajikistan.

Chapter 1. General provisions

Article 1. Purpose of this Law

The purpose of this Law is legal support of state policy in the field of power industry of the Republic of Tajikistan on the basis of market, institutional and information mechanisms for the benefit of ensuring its reliability and development, and also protection of consumer interests of energy.

Article 2. Basic concepts

In this Law the following basic concepts are used:

the power is the field of economy covering investigation, production, production, transformation, transportation, storage, transfer, distribution and consumption of energy resources and energies;

fuel and energy complex - set of the interconnected economy industries, occupied in gidroenergo-and heatgenerating, coal - the oil, gas, transporting and overworking, electrosupplying and consuming systems, and also in territorial subsystems and other objects of power, irrespective of patterns of ownership;

power industry - the power component connected with any one type of energy resources and energies;

the energy company is the legal entity occupied with one or several types of activity in power including subjects of natural monopolies, irrespective of their pattern of ownership;

power object - the special construction intended for production, transformation, transportation, storage, transfer, distribution of energy resources and energy;

activities in power, energy services - production, transportation, transfer, distribution, storage, conversion, transformation, sale of energy, energy resources and products;

energy resource - the energy carrier which is used now or it can be useful it is used in the long term. It is subdivided on:

a) renewable energy resources - resources which arise naturally constantly renew the nature (the sun, natural movement of water and air flows, geothermal waters, biological weight) which can be transformed to different types of energy;

b) primary energy resources - natural resources which can directly be used in fuel quality (oil, natural gas, coal) or for production of different types of energy;

c) secondary energy resources - the resources received in the form of by-product of the main production;

energy products - the different types of fuel, oil products, electric and thermal energies developed from any kinds of energy resources;

consumers in power - any physical person or legal entity taking and using different types of energy resources and energies without the purpose of their resale;

producers in power - any physical person or legal entity irrespective of patterns of ownership for which any kind of energy resources and energies is products;

energy saving - rational use and reducing losses in case of production, transformation, transportation and energy consumption;

concession - the agreement on transfer to temporary operation under certain conditions the objects belonging to the state with the right of implementation of activities in power to the domestic and foreign investor.

Article 3. Legislation of the Republic of Tajikistan on power

The legislation of the Republic of Tajikistan on power 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.

Chapter 2. State regulation in the field of power

Article 4. State policy in the field of power

Main objectives of state policy in the field of power are:

- reliable and high-quality ensuring the growing needs of the republic for energy resources and products, ensuring energy security of the country;

- ensuring environmental protection, and also protection of the population against harmful effects as a result of activities in the field of power;

- creation of necessary conditions for consecutive transition of power to the market relations, attraction in it domestic and foreign investments, provision to the energy companies of economic independence and ensuring their development on the basis of the market competition;

- increase in efficiency of functioning of fuel and energy complex on the basis of implementation of advanced technologies, energy saving of use of renewable energy resources, decrease in specific costs of energy resources in production of national gross product.

Article 5. Methods of state regulation in the field of power

State regulation in the field of power is performed by legal support, licensing, the taxation, crediting, financing, implementation of investment, social and scientific and technical policy, control of execution of fuel and energy complex of the legislation of the Republic of Tajikistan by the companies.

Licensing of activities in the field of power is performed according to the Law of the Republic of Tajikistan "About licensing of separate types of activity".

Issue of licenses is performed on competitive basis with respect for the principle of openness and transparency of carrying out tenders. Energy activities and rendering the energy services causing damage to interests of the Republic of Tajikistan are not allowed.

Energy projects and programs for construction of large energy objects pass obligatory state examination which procedure for carrying out is determined by the Government of the Republic of Tajikistan.

Article 6. Competence of the Government of the Republic of Tajikistan of power

Competence of the Government of the Republic of Tajikistan of power:

providing the leading role of the state in development of power industry of the Republic of Tajikistan;

management of fuel and energy complex on the basis of implementation of market mechanisms of its functioning;

creation of conditions for free entrepreneurship and development of all patterns of ownership in fuel and energy complex in the conditions of development of the market relations;

assistance to participation of private sector in fuel and energy complex, support of the competition in construction, recovery and operation of its companies and industries;

establishment of procedure for conducting state examination of energy projects and programs for construction of large energy objects;

concessions in the field of power;

carrying out general price and tariff policy in fuel and energy complex;

control of operation of renewable and primary energy resources and their content;

creation of necessary conditions for investment attraction in fuel and energy complex;

acceptance of emergency measures on providing consumers with energy resources and energy in crisis and extreme situations, introduction in necessary cases of temporary restrictions on their use;

coordination of the international activities in the field of power;

approval and control of implementation of programs:

- developments of fuel and energy complex of the Republic of Tajikistan;

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