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LAW OF THE REPUBLIC OF TAJIKISTAN

of May 19, 2009 No. 522

About technical regulation

(as amended of the Law of the Republic of Tajikistan of 28.06.2011 No. 726)

This Law governs the relations arising in case of development and approval of technical requirements, obligatory for observance, to products, processes of its development, production, operation, storage, transportation, realization, utilization of their waste and performance of works and rendering services regarding safety, establishes the rights and obligations of participants of these relations.

Chapter 1. General provisions

Article 1. The main terms used in this Law

In this Law the following basic concepts are used:

- objects of technical regulation - products, processes of its development, production, operation, storage, transportation, realization, utilization of their waste, performance of works and rendering services regarding safety;

- technical requirements - technical regulations, rules, characteristics and (or) other requirements to objects of technical regulation;

- technical regulation - activities for establishment of the technical requirements, obligatory for observance, connected with safety of products, processes of its development, production, operation, storage, transportation, realization, utilization of their waste, performance of works and rendering services regarding safety;

- safety of products, processes of its development, production, operation, storage, transportation, realization, utilization, performance of works and rendering services - compliance of products, processes of its development, production, operation (use), storage, transportation, realization and utilization of their waste, performance of works and rendering services to the technical requirements providing lack of unacceptable risk of damnification of life, to health and heredity of the person, property and the environment;

- the technical regulation - the technical regulation developed in the course of technical regulation, establishing the technical requirements, obligatory for observance, connected with safety of products, processes of its development, production, operation, storage, transportation, realization, utilization of their waste, performance of works and rendering services regarding safety;

- the harmonized document - the regulating technical document containing complex of requirements which accomplishment provides compliance of products, processes of its development, production, operation, storage, transportation, realization and utilization of their waste, performance of works and rendering services regarding safety to requirements of technical regulations;

- state registration of technical regulations in the field of technical regulation - registration by the authorized state body responsible for the organization of works on technical regulation of registration numbers of technical regulations and documents in the field of technical regulation for the purpose of their accounting and identification;

- system of technical regulation - set of the regulatory legal acts, technical regulations and documents connected with technical regulation, subjects of technical regulation, and also rules and procedures of functioning of system in general;

- compliance presumption - official recognition of the fact of compliance to the established requirements until proved otherwise;

- the state supervision of fulfillment of requirements of technical regulations - permanent observation of compliance to technical regulations introduced into turnover of products;

- confirmation of conformity - the reasonable certificate based on the decision made after check that accomplishment of the set requirements is proved;

- test methods - the procedure of determination of one or more characteristics of objects of technical regulation;

- mark of conformity to technical regulations - the designation serving for informing buyers on passing as products of the procedure of confirmation of conformity to requirements of technical regulations;

- marking of objects of technical regulation - drawing the image of mark of conformity to technical regulations is direct on products which underwent the procedure of confirmation of conformity, or its use in technical documentation on these products;

- national fund of technical regulations and documents in the field of technical regulation - set of technical regulations, the harmonized documents and other documents in the field of technical regulation which are stored on paper and/or electronic media.

Article 2. Legislation of the Republic of Tajikistan on technical regulation

The legislation of the Republic of Tajikistan on technical regulation 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 acts recognized by Tajikistan.

Article 3. International cooperation in the field of technical regulation

Interests of the Republic of Tajikistan in the international organizations performing activities for technical regulation are represented by the Government of the Republic of Tajikistan and the body authorized state determined by the Government of the Republic of Tajikistan.

Article 4. Subjects of technical regulation

Subjects of technical regulation are:

- authorized state body of the Republic of Tajikistan;

- physical persons and legal entities of the Republic of Tajikistan;

- foreign physical persons and legal entities, stateless persons.

Article 5. Purpose and basic principles of technical regulation

1. Technical regulation is performed for the purpose of:

- protection of life, health and heredity of the person, property and environmental protection;

- protection of life and stable development of animals and plants;

- prevention of fraudulent practice;

- ensuring unity of measurements;

- ensuring national security;

- rational use of resources;

- elimination of technical barriers in trade.

2. Technical regulation is based on the principles:

- obligation of application of technical regulations;

- voluntariness of application of the harmonized documents;

- recognitions of legitimacy of use of the harmonized documents when carrying out confirmation of conformity to mandatory requirements of technical regulations;

- availability of technical regulations and the harmonized documents, information on procedure for their development, approval and publication for users and other interested persons;

- priority use of the international and national standards harmonized with international standards in case of development of technical regulations and the harmonized documents;

- uses of modern achievements of science and technology;

- proportionality and nondiscriminations in international trade.

Chapter 2. State regulation in the field of technical regulation

Article 6. State regulation in the field of technical regulation

State regulation in the field of technical regulation includes:

- determination and realization of single state policy in the field of technical regulation;

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