ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of July 2, 2009 No. 389

About approval of the Procedure for conducting the state theological examination

According to article 17 of the Law of the Republic of Tajikistan "About liberty of conscience and religious associations" the Government of the Republic of Tajikistan decides:

1. Approve the Procedure for conducting the state theological examination it (is applied).

2. To assign the organization of conducting the state theological examination to Committee on religion, streamlining of traditions, celebrations and ceremonies under the Government of the Republic of Tajikistan.

Approved by the Order of the Government of the Republic of Tajikistan of July 2, 2009, No. 389

Procedure for conducting the state theological examination

1) This Procedure regulates conducting the state theological examination in case of registration and re-registration of religious associations and other circumstances where determination of religious nature of associations is necessary; equally and in case of the edition, production, export, import, distribution and realization of religious literature and other objects and materials of religious appointment.

2) the State theological examination (further examination) is carried out by the state authorized body for religions according to article 17 of the Law of the Republic of Tajikistan "About liberty of conscience and religious associations" for the purpose of establishment of characteristics of religion of religious associations, correctness of data on their dogma and cult activities and also the analysis of content of literature, goods and objects of religious appointment.

3) Purpose of conducting examination:

- determination of religious nature of consolidation based on the submitted constituent documents, data on fundamentals of its dogma and activities;

- check and assessment of reliability of the data containing in the materials provided by religious consolidation concerning fundamentals of its dogma and activities;

- carrying out the analysis of content of religious literature, other objects and materials of religious appointment and submission of the conclusion concerning their edition, production, import to the republic and export from the republic, distribution and realization.

4) for the purpose of conducting examination under the state authorized body for religions the Advisory council for conducting the state theological examination (daleeekspertny council) is created.

5) the Provision of Advisory council and its structure is constituted and affirms the state authorized body for religions.

6) the Structure of Advisory council (the chairman, the vice-chairman, the responsible secretary, members) is created of number of representatives of executive bodies, scientists-religiovedov, jurists, specialists in the field of relations of the state and religious associations. In need of quality of consultants of Advisory council the specialists from other industries who are not his members and also representatives of religious associations can be involved if their special knowledge matters for making the conclusion.

7) Vida examinations happen primary, additional, repeated, commission and complex.

8) Primary expertize is carried out for the first time at the request of state bodies, physical persons and legal entities.

9) Additional expertize is carried out in cases when the expert opinion by results of the previous examination though is not called into question, has insufficient clarity or the expert not completely resolved the questions raised before it. Additional examination is entrusted by the chairman of Advisory council to the same expert who was carrying out the main expertize or other expert.

10) Repeated expertize is carried out in cases when the expert opinion by results of the previous examination is insufficiently proved or its correctness raises doubts, or examination production regulations were significantly broken, or contradictions between conclusions of several experts are revealed. Repeated examination is entrusted by the chairman of Advisory council to other expert or group of other experts.

a) if results of primary and repeated examinations do not match, the expert who executed repeated examination shall specify the reasons of such discrepancy in the conclusion.

b) in case of purpose of additional and repeated examination the bases of its appointment are specified. In case of purpose of repeated examination the conclusion constituted upon termination of prior to examination or the act of impossibility of making the conclusion, and also all additional materials, available persons or the body which appointed new examination are represented.

11) Commission expertize is carried out by the commission of experts of one specialty or competent of the same area. In case of production of commission examination, each of experts carries out expertize in full and they jointly analyze the received results.

12) Complex expertize is carried out by the group of experts of various specialties in cases if researches on the basis of different industries of knowledge are necessary.

13) the Request about conducting examination in case of registration or re-registration of religious consolidation is sent for consideration of Advisory council with application of copies of the documents specified in article 13 of the Law of the Republic of Tajikistan "About liberty of conscience and religious associations".

14) the Request about conducting examination of religious literature, objects and materials of religious appointment goes state bodies, legal entities and physical persons for consideration of Advisory council with appendix of sample from each name.

15) In request about conducting examination should be specified:

- date of request;

- name and surname, position of person or the name of the body which made inquiry about conducting examination;

- the name of Advisory council to which the inquiry is sent for conducting examination;

- the bases for request about conducting examination;

- the questions raised before the expert;

- the list of the documents submitted to the expert for conducting examination, samples of literature, other objects and materials.

16) the Request sent in cases, not the stipulated in Item 3 presents of the Procedure is not subject to consideration what the Advisory council notifies the relevant state bodies, legal entities and physical persons on.

17) the Body or person who made inquiry submit documents, the literature samples, other objects and materials necessary for conducting examination and making the expert opinion.

18) the Requests of bodies and persons which arrived for examination, documents, the literature samples, other objects and materials used in case of its carrying out are subject to accounting. Date of submission of documents, samples of literature, other objects and materials is date of their actual receipt in Advisory council.

19) the Chairman of Advisory council in case of receipt of request about conducting examination shall:

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