of December 26, 2011 No. 783
This Law governs the relations connected with concession and determines powers of state bodies, conditions and procedure for provision of concessionary objects, the rights and obligations of the concessionary, execution and terms of the concession treaty, and also guarantee of support of concessionary activities.
In this Law the following basic concepts are used:
- concession (permission, concession) - (further - concession) transfer based on the contract of concession with representation of the right to effective temporary use to the concessionary of objects of state-owned property, including: lands, minerals, water, airspace, plant and animal life, other state-owned property and natural resources which are not prohibited by the legislation, and also the right of construction (construction) of new objects at the expense of the concessionary with condition of their subsequent transfer to the state;
- the concession treaty - the agreement signed between the concedent and the concessionary in whom the rights, obligations and responsibility of the parties, and also conditions of implementation of concessions are determined;
- the concedent - the Republic of Tajikistan on behalf of which the Government of the Republic of Tajikistan or local executive body of the government performing the activities by means of the relevant state bodies acts;
- the concessionary - physical persons and legal entities, except for the state organizations and organizations, having concessionary rights according to the concession treaty;
- concessionary objects - objects of state-owned property, and also the objects resulting from accomplishment of terms of agreement;
- concessionary bodies - the state bodies authorized by the Government of the Republic of Tajikistan or local executive bodies of the government which are granted the right in accordance with the established procedure to deal with concession issues.
The legislation of the Republic of Tajikistan on concessions 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 the international legal acts recognized by Tajikistan.
Concessionary activities in the Republic of Tajikistan are performed taking into account national interests on the basis of the following principles:
- mutual benefit;
- competitive approach to the choice of the concessionary;
- non-interference to the economic activity of the concessionary performed within the requirement of the legislation of the Republic of Tajikistan;
- free and transparent activities of the concedent and concessionary when implementing the concession treaty;
- ensuring release of ecologically safe products conforming to standards of the Republic of Tajikistan if other is not provided by the international legal acts recognized by Tajikistan.
1. Transfer of objects of state-owned property to concession does not involve transfer to the concessionary of the right of the order these objects or assignment to it the termless right to perform certain functions of the state.
2. The net profit got by the concessionary as a result of concessionary activities (in the form of property or monetary value), is its property in the amounts determined by the concession treaty.
3. The Republic of Tajikistan has the privilege of acquisition of products made by the concessionary.
Public administration in the field of the concessionary relations is exercised of the Government of the Republic of Tajikistan, local executive bodies of the government and concessionary bodies.
To competence of the Government of the Republic of Tajikistan in the concessionary relations it is carried:
- determination of concessionary bodies;
- development of programs of the priority directions of concessionary activities;
- establishment of procedure for conducting state examination of concessionary projects and programs;
- establishment of order of registration of concession treaties and organization of control of their execution;
- determination of the list of the objects which are not subject to transfer to concession or transfer of which it is limited;
- the conclusion of concession treaties according to requirements of the legislation of the Republic of Tajikistan;
- the solution of other questions in the field of the concessionary relations within requirements of the legislation of the Republic of Tajikistan.
In the field of the concessionary relations is included into power of local authorities of the government:
- making characteristics of concessionary objects for representation to investors;
- the organization and carrying out tenders for the objects which are under their authority;
- the conclusion of concession treaties on the objects which are under their authority;
- the solution of other questions according to the legislation of the Republic of Tajikistan.
In the sphere of the concessionary relations is included into power of concessionary body:
- organization and carrying out concessionary tenders;
- control and observance of conditions of concession treaties;
- creation of concessionary offers;
- creation of the list of concessionary objects;
- maintaining the Unified state register of concession treaties;
- implementation of other powers determined by regulatory legal acts of the Republic of Tajikistan.
Preparation of concessionary offers is performed by concessionary bodies, proceeding from importance and economic feasibility of concessionary objects for the Republic of Tajikistan. The concessionary offer includes determination of type of activity and the list of the transferred property.
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