of May 15, 1997 No. 425
About approval of the Regulations on pre-judicial claim procedure for dispute settlement
The Majlisi Oli of the Republic of Tajikistan decides:
Approve the Provision "About Pre-judicial Claim Procedure for Dispute Settlement" and enact from the moment of its official publication.
Chairman of Majlisi Oli
Republic of Tajikistan S. Radzhabov
1. This Provision determines pre-judicial claim procedure for settlement of economic disputes and disputes in the field of management between the companies, organizations, the organizations, irrespective of patterns of ownership (further - the organizations), authorities at board, the citizens who are performing business activity without formation of legal entity and having the status of the individual entrepreneur acquired in the procedure established by the law (further - citizens). This Provision is applied if other is not established by the legislation existing in the territory of the Republic of Tajikistan.
2. This Provision aims:
provide bystreyshy recovery of the violated rights of the organizations, municipal authorities and citizens in the field of business and other economic activity, and also settlement of the disagreements evolving between them under economic agreements of strict observance of legality and agreement discipline in economic and economic activity of the organizations, municipal authorities and citizens in the field of business and other economic activity;
promote identification and elimination of the reasons and conditions generating the facts of failure to carry out of contractual commitments, mismanagement and other violations in the field of business activity, discipline, to strengthening of cost accounting, compensation in accordance with the established procedure at the expense of perpetrators of the damage caused to the organizations, municipal authorities and citizens in the field of business and other economic activity, to improvement of work on the conclusion and execution of economic agreements.
3. The companies, the organizations, organizations, municipal authorities, the citizens in the field of business and other economic activity who violated property rights and legitimate interests of other companies, organizations, organizations, municipal authorities, citizens shall recover them, without expecting presentation of claims.
4. Claim is made in writing and signed by the head or the deputy manager of the organization, the citizen who is engaged in business or other economic activity.
In the claim it is specified: requirements of the applicant; the amount of claims and its reasonable calculation if the claim is subject to money value; circumstances on which requirements, and proofs confirming them are based with reference to the relevant legislation; the list of the documents attached to the claim and other proofs; other data necessary for dispute settlement.
The claim goes the registered or registered letter, on telegraph, the teletype, and also with use of other means of communication providing fixation of its departure or is handed on receipt.
Authentic documents, confirmatory shown by the claimant, or proper verified copies or statements from them are attached to the claim if these documents are absent at other party.
5. The complaint is reviewed within 30 days from the date of obtaining if other term is not established by the agreement of the parties, international treaties, and also contracts with foreign firms - according to requirements of customers and suppliers of goods for export, customers and consignees of import goods, the organizations executing orders for import.
6. If the documents necessary for its consideration are not attached to the claim, they are requested from the applicant of the claim with indication of representation term. In case of non receipt of the requested documents to the specified term the claim is considered based on the available documents.
7. The organization, the citizen entrepreneur who received the claim shall report to the applicant about results consideration of the claim in time, provided in the item 5 of this provision.
The answer to the claim is given in writing and signed by the head or the deputy manager of the organization, the citizen entrepreneur.
In the answer to the claim are specified:
in case of complete or partial satisfaction of the claim - the acknowledged amount, number and date of the payment order on transfer of this amount or term and method of satisfaction of the claim if it is not subject to money value;
in case of complete or partial refusal of the claim - motives of refusal with reference to the relevant legislation and proofs proving refusal; the list of the documents attached to the answer to the claim, other proofs.
In case of satisfaction of the claim which is subject to money value to the answer to the claim the order to bank on money transfer with mark about execution is attached (acceptance to execution).
In case of complete or partial refusal in satisfaction of the claim authentic documents which were attached to the claim shall be returned to the applicant, and also the documents proving refusal are directed if them not at the applicant of the claim.
The answer to the claim goes the registered or registered letter, on telegraph, the teletype, and also with use of other means of communication providing fixation of departure of the answer to the claim or is handed on receipt.
8. If in the reply of the organization about recognition of the claim it is not reported about transfer of the acknowledged amount and to the answer the order to bank with mark about execution is not attached (acceptance to execution), the applicant to make the complaint having the right after 20 days after receipt of the answer in bank the collection order on write-off in indisputable procedure for the amount recognized by the debtor with charge in the cases established by the legislation, penalty fee for payment delay. The answer of the debtor is attached to the order.
9. In case of complete or partial refusal in satisfaction of the claim or non receipt in time of the answer to the claim the applicant has the right to make the claim in economic court.
10. The requirement about change or agreement cancelation or about recognition of the agreement is shown and considered by invalid according to the procedure, provided by this Provision. The answer shall be given in ten-day time from the date of receipt of the requirement.
11. The disagreements arising between the organizations, municipal authorities and citizens in the field of business and other economic activity in case of the conclusion, change and termination of economic agreements are considered by heads or deputy managers of the organizations in ten-day time from the date of receipt of the draft agreement, the offer on change or agreement cancelation.
In case of adoption of terms of the contract its project is signed and the second copy of the agreement goes to the party which sent the draft agreement. About recognition of the offer on change or agreement cancelation the letter is sent the second party.
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