ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of October 31, 2009 No. 608

About approval of the Procedure for the state accounting and registration of regulatory legal acts of the Republic of Tajikistan

According to article 75 of the Law of the Republic of Tajikistan "About regulatory legal acts" the Government of the Republic of Tajikistan decides:

1) to Approve the enclosed Procedure for the state accounting and registration of regulatory legal acts of the Republic of Tajikistan.

2) to provide to the Ministries, the state committees and other state bodies, executive bodies of the government of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, the cities and areas timely submission to the Ministry of Justice of the Republic of Tajikistan regulatory legal acts of obligatory nature for the state accounting and registration and their inclusion in the Unified state Register of regulatory legal acts of the Republic of Tajikistan.

3) to the Ministry of Finance of the Republic of Tajikistan to provide financing of maintaining the Unified state Register of regulatory legal acts of the Republic of Tajikistan at the expense of means of the government budget according to the procedure, established by the legislation.

To Declare 4) invalid the order of the Government of the Republic of Tajikistan of October 5, 2001 No. 456 "About approval of the Regulations on procedure for the state accounting and registration of regulatory legal acts of the Republic of Tajikistan".

Approved by the Order of the Government of the Republic of Tajikistan of October 31, 2009, No. 608

Procedure for the state accounting and registration of regulatory legal acts of the Republic of Tajikistan

1) This Procedure regulates the state accounting and registration of the regulatory legal acts provided by part 1 article 7 of the Law of the Republic of Tajikistan "About regulatory legal acts".

2) Regulatory legal acts are entered in the Unified state Register of regulatory legal acts of the Republic of Tajikistan which is component of information system of the Republic of Tajikistan, performing legal information in the territory of the state and represents the database of legal information.

Maintaining the Unified state Register of regulatory legal acts is performed by the Ministry of Justice of the Republic of Tajikistan.

3) the following regulatory legal acts adopted by the Republic of Tajikistan after September 9, 1991 are entered In the Unified state Register of regulatory legal acts of the Republic of Tajikistan:  

- Constitution of the Republic of Tajikistan;

- the laws of the Republic of Tajikistan adopted by national referendum;

- the international legal acts recognized by Tajikistan;

- constitutional laws;

- codes, laws;

- joint resolutions of Majlisi milli and Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan;

- resolutions of Majlisi milli and Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan;

- presidential decrees of the Republic of Tajikistan;

- orders of the Government of the Republic of Tajikistan;

- orders of the ministries and other state bodies, and also resolutions of the state committees;

- resolutions of Majlises of People's Deputies of the Gornobadakhshansky autonomous region, areas and city of Dushanbe;

- resolutions of chairmen of the Gorno-Badakhshan Autonomous Region, areas and city of Dushanbe;

- resolutions of Majlises of People's Deputies of the cities and areas;

- resolutions of chairmen of the cities and areas;

- resolutions of self-government institutions of settlements and villages.

4) the Unified State Register of regulatory legal acts of the Republic of Tajikistan has official character.

Obligatory regulatory legal acts are adopted on basis and in pursuance of the Constitution of the Republic of Tajikistan, legal acts of the Republic of Tajikistan, presidential decrees of the Republic of Tajikistan and the orders of the Government of the Republic of Tajikistan.

5) the Regulatory legal act which is subject to entering into the Unified state Register of regulatory legal acts shall contain the following data:

- type of regulatory legal act;

- the law-making body which adopted regulatory legal act;

- the name designating subject of its regulation;

- the signature of person (persons), officially representative (representatives) to sign the corresponding regulatory legal act (except for Constitutions of the Republic of Tajikistan and the laws of the Republic of Tajikistan adopted by national referendum);

- place and acceptance date of regulatory legal act;

- number of regulatory legal act (except for Constitutions of the Republic of Tajikistan and the laws of the Republic of Tajikistan adopted by national referendum);

- registration number of regulatory legal act;

- text of regulatory legal act;

- the date of entry into force of regulatory legal act;

- information on the publication of the act in official publications;

- information on modification and amendments in regulatory legal acts, suspension of their action or cancellation of regulatory legal act.

State registration of obligatory regulatory legal acts includes 6):

- legal examination of compliance of this act to the legislation of the Republic of Tajikistan;

- decision making about need of state registration of this act (pronouncement of the conclusion);

- assignment of registration number;

- entering of the act in the Unified state Register of regulatory legal acts of the Republic of Tajikistan.

7) Obligatory regulatory legal acts, irrespective of the term of their action and nature containing in them the data (including with signature stamps "for office use", "not for seal" and is "confidential") go for state registration, that is are subject to inclusion in the Unified state Register of regulatory legal acts of the Republic of Tajikistan if the regulations (regulation) containing in them, mention civil, political, social and economic, cultural and other laws, freedoms and legitimate interests of citizens, guarantees of their implementation enshrined in the Constitution of the Republic of Tajikistan and in legal acts of the Republic' Tajikistan and also establish, change, supplement, or cancel the mechanism of realization of these rights, freedoms and legitimate interests operating at the time of submission of the act on registration.

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