LAW OF THE REPUBLIC OF TAJIKISTAN

of May 19, 2009 No. 526

About Dehkan (farmer) economy

This Law determines the legal basis of creation and activities of Dehkan (farmer) economy.

Article 1. Concept of Dehkan (farmer) economy

Dehkan (farmer) economy (further - Dehkan economy) - independent business entity whose activities as the entrepreneur are based on personal labor of one person, members of one family or group of persons and which is based on the parcel of land and other property belonging to his members.

Article 2. Legislation of the Republic of Tajikistan on Dehkan economy

The legislation of the Republic of Tajikistan on Dehkan economy 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. Creation of Dehkan economy

1. Any capable citizen of the Republic of Tajikistan can create Dehkan economy if the legislation of the Republic of Tajikistan does not provide other procedure.

2. The Dehkan economy can be framed by one person, one family and group of persons.

Article 4. Members of Dehkan economy

1. Parents, spouses, children and other able-bodied persons occupied with joint work in this economy can be members of Dehkan economy.

2. Membership in Dehkan economy is determined by registration in the service record and the agreement on joint activities of members of Dehkan economy.

3. Persons working in Dehkan economy according to the employment contract are not part of Dehkan economy, and their employment relationships are governed by the Labor code of the Republic of Tajikistan.

Article 5. Forms of Dehkan economy

The Dehkan economy can be framed in the following forms:

- individual Dehkan economy - Dehkan economy which labor activity is based on entrepreneurship of one person;

- family Dehkan economy - Dehkan economy which labor activity is based on family entrepreneurship and based on joint property;

- friendly Dehkan economy - the Dehkan economy created based on common ownership which economic activity is determined by the agreement on joint activities.

Article 6. Agreement of members of Dehkan economy on joint activities

1. The agreement of members of Dehkan economy on joint activities is signed in case of creation of friendly Dehkan economy.

2. The family Dehkan economy can perform the labor activity on the basis of the agreement on joint activities of members of Dehkan economy.

3. The agreement on joint activities of members of Dehkan economy, except the data provided in the Civil code of the Republic of Tajikistan shall include the following data:

- quantity, surname, name, middle name of members;

- powers which are conferred by members of Dehkan economy to the head of this economy;

- rights of members of economy;

- obligations of members of economy;

- procedure for voluntary exit and exception of membership;

- procedure for acceptance in members of Dehkan economy of other persons;

- procedure for distribution of the made products, realization and income distributions from it among members.

4. The agreement is signed by all members of Dehkan economy, its copies are provided to local tax authorities and social security authorities of the population.

5. In case of change of number of members corresponding changes and additions are made to the agreement and its copies are provided to local tax authorities and social security authorities of the population till one month. Accomplishment of these procedures is assigned to the head of Dehkan economy.

Article 7. Dehkan economy as managing form

1. The Dehkan economy performs the activities without formation of legal entity.

2. The Dehkan economy along with the commercial organizations and individual entrepreneurs is equal link of economic system. All its economic activities are performed by agreement of the parties on cash and clearing settlement.

3. The Dehkan economy independently determines structure and method of production taking into account the interests.

4. The Dehkan economy has settlement and other accounts, seal and forms with the name.

Article 8. Activity of Dehkan economy

1. Activities of Dehkan economy are production of agricultural products, and also conversion, storage, transportation and realization of the made products.

2. The Dehkan economy according to the legislation of the Republic of Tajikistan can be engaged and in other types of activity, including foreign economic activity.

Article 9. Intervention in activities of Dehkan economy

1. Intervention in economic activity of Dehkan economy from state bodies and their officials is not allowed if other is not stipulated by the legislation the Republic of Tajikistan.

2. State policy concerning development of scientific and technical progress, investments and forecasting in this sphere is determined by the Government of the Republic of Tajikistan.

Article 10. Governing body of Dehkan economy

1. Governing body of Dehkan economy is the meeting of members of Dehkan economy and the head of Dehkan economy.

2. The supreme governing body of Dehkan economy is the meeting of members of Dehkan economy.

3. The head of Dehkan economy directs activities of Dehkan economy within requirements of the legislation of the Republic of Tajikistan, the decision of meeting of members of Dehkan economy and the agreement on joint activities of members of Dehkan economy.

Article 11. Meeting of members of Dehkan economy

1. Is included into power of meeting of members of Dehkan economy:

- modification and amendments in the agreement on joint activities of members of Dehkan economy;

- reception of citizens in members of Dehkan economy and exception of membership in Dehkan economy;

- election to position and dismissal of the head of Dehkan economy;

- consideration and approval of annual and accounting reports;

- income distribution of Dehkan economy;

- decision making about reorganization or liquidation of Dehkan economy;

- consideration of other questions according to the legislation of the Republic of Tajikistan.

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