LAW OF THE REPUBLIC OF TAJIKISTAN

of March 26, 2009 No. 506

About regulatory legal acts

Chapter 1. General provisions

Article 1. Subject of regulation and coverage of this Law

1. This Law governs the relations in the sphere of law-making activities and determines its basic principles, concepts and types of regulatory legal acts, their ratio among themselves, general procedure for their development, acceptance, publication, action, interpretation and systematization, and also methods of permission of legal collisions.

2. Features of development, approval, acceptance, registration, enforcement, publication, change, amendment, the termination or suspension of action of separate types of regulatory legal acts are determined also by the Constitution of the Republic of Tajikistan, other regulatory legal acts regulating activities of state bodies (their officials) in the sphere of law-making activities.

3. This Law does not govern the relations connected with:

- procedure for acceptance, change, amendment and cancellation of the Constitution of the Republic of Tajikistan;

- procedure for acceptance, execution, recognition invalid, the terminations, denouncements and suspensions of action of the international legal acts recognized by Tajikistan;

- other regulatory legal acts which are not provided by this Law.

Article 2. Basic concepts

The basic concepts applied in this Law:

- regulatory legal act - the official document of the established sample accepted by national referendum by either state body, or self-government institutions of the settlement and village, or the state authorized officer, containing instructions of obligatory nature and establishing, changing, or canceling precepts of law;

- all-obligation of regulatory legal act - obligatory execution by all public authorities, officials, physical persons and legal entities of the regulatory legal act adopted and enacted in accordance with the established procedure;

- the legislation - the regulatory legal acts governing the public relations in general or in certain area;

- legal acts - the Constitution of the Republic of Tajikistan, the laws of the Republic of Tajikistan adopted by national referendum, the constitutional laws, codes, the laws of the Republic of Tajikistan;

- bylaws - the regulatory legal acts adopted on basis and in pursuance of the laws;

- the legislative initiative - official submitting for examination of legislature of the bill of the Republic of Tajikistan or legislative offers by body, or the officials determined by the Constitution of the Republic of Tajikistan;

- law-making activities - activities of the subject of law-making for development, acceptance, publication and cancellation of regulatory legal acts;

- subjects of law-making - the people of the Republic of Tajikistan, state body, officials according to regulatory legal acts having rights to perform law-making activities;

- the law-making equipment - system of rules of development, acceptance, modification and amendments, interpretation, publications, systematization, enforcement, suspension and cancellation of regulatory legal acts;

- collision of regulatory legal acts - contradiction (discrepancy) of regulations of the regulatory legal acts governing the same public relations;

- gaps in the legislation - lack of the precepts of law governing the corresponding public relations which need of regulation is caused by essence and content of the operating system of law of the state, the principles and rules of international law;

- systematization of regulatory legal acts - activities for streamlining of regulatory legal acts and their reduction in the single internally approved system;

- legal force of regulatory legal act - the characteristic of the enacted regulatory legal act determining obligation of its application to the corresponding public legal relationship and also its hierarchy in relation to other regulatory legal acts;

- analogy of the law - application to the public relations owing to lack of the regulations of the legislation governing these public relations, the regulations of the legislation governing the similar public relations;

- analogy of the right - application to the public relations owing to lack of the regulations of the legislation governing the public relations and the relations similar to them, the general beginnings, contents of the law, the fair, wise and justified claim.

Article 3. Basic principles of law-making activities

Law-making activities are performed on the basis of compliance to the principles of the Constitution of the Republic of Tajikistan, legality, priority of regulations of the international legal acts recognized by Tajikistan in relation to the laws and bylaws, preferential ensuring protection of rights and freedoms of man and citizen, social justice, publicity, scientific character, professionalism and accounting of public opinion.

Article 4. Publicity in law-making activities

1. Publicity in law-making activities is provided:

- provision of information to the interested physical persons and legal entities about law-making activities;

- publication of the adopted regulatory legal act in official publications, other mass media or finishing it to general data in other ways, including electronic means;

- provision of access to any interested persons for acquaintance with content of the adopted regulatory legal act.

2. The project of regulatory legal act can be published for public discussion in mass media, including by means of placement on the official site of the authorized subject of law-making. Any interested person has the right to examine contents of such project. The arrived offers and notes are subject to consideration by the authorized subject of law-making in case of completion of the project.

3. Provisions of part 1 and 2 of this Article do not extend to regulatory legal act or to the project of regulatory legal act which contain state secret or other secret protected by the law.

Article 5. Subjects of law-making and their power

1. Treat subjects of law-making: people of the Republic of Tajikistan, joint sittings of Majlisi milli and Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan, Majlisi milli of Majlisi Oli of the Republic of Tajikistan, Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan, President of the Republic of Tajikistan, Government of the Republic of Tajikistan, ministry, state committees and other state bodies, Majlises of People's Deputies of the Gorno-Badakhshan Autonomous Region, areas and city of Dushanbe, chairmen of the Gorno-Badakhshan Autonomous Region, areas and city of Dushanbe, Majlises of People's Deputies of the cities and areas, chairmen of the cities and areas, self-government institutions of settlements and villages.

2. Powers of subjects of law-making are determined by the Constitution of the Republic of Tajikistan, legal acts of the Republic of Tajikistan, joint resolutions of Majlisi milli and Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan, resolutions of Majlisi milli of Majlisi Oli of the Republic of Tajikistan, resolutions of Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan, presidential decrees of the Republic of Tajikistan and the orders of the Government of the Republic of Tajikistan.

3. Several subjects of law-making can develop, accept and publish joint regulatory legal act if it is provided by regulatory legal acts. Change, suspension and cancellation of the regulatory legal acts published jointly are performed jointly by the law-making bodies which accepted them if other is not provided by the law.

4. Subjects of law-making cannot adopt jointly regulatory legal act in case one of law-making subjects is higher in relation to other law-making subject.

Article 6. General requirements to regulatory legal acts

General requirements to regulatory legal acts are:

- acceptance of regulatory legal act by the authorized subject of law-making;

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