LAW OF THE REPUBLIC OF TAJIKISTAN

of May 19, 2009 No. 521

About subsistence minimum

This Law determines legal, organizational and economic basis of determination of subsistence minimum, accounting treatment and rendering the government public assistance to citizens, and also implementation of other measures of social protection of the population in the Republic of Tajikistan.

Article 1. Basic concepts

In this Law the following basic concepts are used:

- consumer goods basket - the minimum set of the food products, nonfoods and services necessary for preserving health of the person and ensuring its activity;

- subsistence minimum - the cost of consumer goods basket and amount of obligatory payments;

- poverty line - the regulation of the income necessary for satisfaction of the vital needs of the person established in the Republic of Tajikistan proceeding from economic opportunities;

- the main social and demographic national groups - categories of citizens which are integrated on gender and age signs, social position and level of material security (able-bodied population, pensioners, children);

- level of living - set of the material, spiritual benefits and services which provide satisfaction of the vital needs of people;

- the government public assistance, provision of social benefits, subsidies, compensations, vital goods and services to needy families or needy citizens at the expense of the government budget;

- needy citizens (families) - families (living alone citizens) whose average per capita income is owing to circumstances lower than the size of subsistence minimum;

- the average per capita income of family (living alone citizens) the average monthly size of the comprehensive income divided into each family member (living alone citizens).

Article 2. Zakokodatelstvo of the Republic of Tajikistan about subsistence minimum

The legislation of the Republic of Tajikistan on subsistence minimum 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. Purpose of subsistence minimum

The subsistence minimum determined in general by the republic intends for the following purposes:

- estimates of level of living of the population, for forming and realization of social policy and target social programs;

- analysis and forecasting of level of living of the population;

- forming of the government budget;

- reasons for rendering the government public address assistance to needy citizens (families);

- step-by-step rapprochement of the established minimum sizes of the salary, pension, benefits and other social payments;

- determinations of poverty line and implementation of measures of social support of the population.

Article 4. Types of subsistence minimum

1. Depending on purpose the subsistence minimum is subdivided into the following types:

- per capita;

- on the main social and demographic national groups.

2. The subsistence minimum is determined in general by the territory of the Republic of Tajikistan and its regions, dividing the population on city and rural, and also considering geographical, climatic and other features of consumption of material benefits and services by the population.

Article 5. Structure of consumer goods basket

1. The consumer goods basket consists from:

- set of food products;

- set of nonfoods;

- range of services.

2. In case of determination of set of food scientifically based regulations of the minimum needs for substances are used, and also the chemical composition and energy value of food are considered.

3. In case of determination of set of the nonfoods which are part of consumer goods basket the satisfaction of vital minimum needs of the main sotsialnodemografichesky national groups for nonfoods, taking into account gender and age features and clothes, and also for the organization of life is provided.

4. In case of determination of set of services as a part of consumer goods basket the satisfaction of the minimum needs of the population for housing-and-municipal, household, transport services and communications is provided.

Article 6. Development, recalculation and approval of consumer goods basket

1. The consumer goods basket for the main social and demographic national groups is determined on the basis of the methodical recommendations developed by the state authorized body with participation of consolidation of employee representatives of Tajikistan.

2. The specified methodical recommendations are determined at least once in 5 years and affirm the Government of the Republic of Tajikistan.

3. The structure and structure consumer baskets are determined by the legislation of the Republic of Tajikistan.

Article 7. Frequency and rules of calculation of size of subsistence minimum

1. The size of subsistence minimum per capita and on social and demographic national groups is calculated quarterly based on consumer goods basket and statistical data about the level of consumer prices of food, nonfoods and services, taking into account all types of goods turnover and expenses on the state charges and obligatory payments.

2. The size of subsistence minimum, the rule of calculation, and frequency of its recalculation are determined by the Government of the Republic of Tajikistan.

Article 8. Use of subsistence minimum when rendering the government public assistance to citizens

1. The size of subsistence minimum is reference point in case of establishment of the minimum wages and pensions, and also the sizes of grants, benefits and other social payments, stipulated by the legislation the Republic of Tajikistan.

2. In case of the conclusion of collective employment contracts according to the legislation of the Republic of Tajikistan, for establishment of the sizes of the salary and other benefits to workers, the size of subsistence minimum is applied as the main criterion.

3. Approach of the minimum social and labor guarantees in the Republic of Tajikistan to the size of subsistence minimum is performed step by step taking into account economic situation of the Republic of Tajikistan.

Article 9. Publication of data on the size of subsistence minimum

Data on the size of subsistence minimum per capita and on the main social and demographic national groups in general on the republic are published quarterly in official statistical publications of the Republic of Tajikistan.

Article 10. Procedure for enforcement of this Law

Enact this Law later, its official publication.

 

RESOLUTION OF MAJLISI NAMOYANDAGON OF MAJLISI OLI OF THE REPUBLIC OF TAJIKISTAN

of April 15, 2009 No. 1291

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