LAW OF THE REPUBLIC OF TAJIKISTAN

of April 16, 2012 No. 828

About system of state bodies of the Republic of Tajikistan

This Law determines system of state bodies of the Republic of Tajikistan, regulates legal and organizational basis of their activities.

CHAPTER 1. GENERAL PROVISIONS

Article 1. Subject of regulation and coverage of the present

Law

1. Subject of regulation of this Law is the legal status of executive bodies of the government, subordinate and accountable to the President of the Republic of Tajikistan or the Government of the Republic of Tajikistan, and also basis of the organization of their activities in system of public administration.

2. Operation of this Law is not applied to local authorities of the government, self-government institutions of settlements and villages and other state bodies of the Republic of Tajikistan, procedure for education, competence and which activities are determined according to the legislation of the Republic of Tajikistan.

Article 2. Basic concepts

In this Law the following basic concepts are used:

- state body the state body performing general tasks of management in certain field of activity according to the principles of management established by regulatory legal acts of the Republic of Tajikistan;

- executive body of the government - the organizational form of implementation of public administration which is established and acts in system of executive bodies of the government on the basis of regulatory legal acts of the Republic of Tajikistan;

- system of executive bodies state the vlastisovokupnost of bodies which are in the hierarchy relations (the hierarchical relations) is realized independently and in interaction of function of public administration and are divided into the central and local executive bodies of the government;

- the central executive body state vlastiorgan which on the basis of the powers assigned to it by the President of the Republic of Tajikistan or the Government of the Republic of Tajikistan performs functions on development and realization of state policy in the established field of activity and other executive functions according to regulatory legal acts of the Republic of Tajikistan;

- coordination in system of executive bodies of the government - complex of the powers and functions assigned according to regulatory legal acts of the Republic of Tajikistan NA separate public authorities or officials for the purpose of providing single policy in certain sphere;

- dekontsentration of the executive authority - the process regulated according to the law during which the part of function of higher executive body of the government is transferred to subordinate executive body of the government;

- decentralization of the executive authority - process of transfer on the basis of the law of part of powers of authority and/or functions from the central executive bodies of the government to local executive bodies of the government, self-government institutions of settlements and villages, the organizations and expansion of circle of powers of subordinate governing bodies at the expense of bodies of higher level;

- the administrative agreement - the legal act on the basis of which the central executive body of the government according to the requirements and conditions provided by regulatory legal acts of the Republic of Tajikistan transfers functions of the government (except for control functions) to subordinate executive body of the government, self-government institutions of settlements and villages and the organizations;

- internal control - complex of independent measures of the central executive body of the government for conducting checks and assessment of activities of the structural divisions and officials of this body aimed at providing fulfillment of requirements of legality, efficiency and feasibility of their activities;

- office supervision - the complete package of measures providing legality, efficiency and feasibility in activities of executive bodies of the government and by means of which the higher executive body of the government performs control functions concerning subordinate executive body of the government.

Article 3. Legislation of the Republic of Tajikistan on system

state bodies

The legislation of the Republic of Tajikistan on system of state bodies 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.

Article 4. Basic principles of activities of executive

public authorities

The basic principles of activities of executive bodies of the government are:

- rule of the Constitution and laws of the Republic of Tajikistan;

- efficiency of the government and focus on resulting effects;

- respect for public (public) concerns;

- accurate accountability in system of executive bodies of the government;

- dekontsentration and decentralization of the government;

- professionalism and ethics in actions and decisions of government employees;

- justification and transparency in distribution and use of the state resources and finance;

- transparency and clearness of the organization and activities in system of executive bodies of the government;

- openness of system of executive bodies of the government and attraction of active part of the population in process of public administration.

Article 5. System of the central executive bodies

government

1. The central executive bodies of the government of the Republic of Tajikistan are:

- Executive office of the President of the Republic of Tajikistan;

- ministries and state committees of the Republic of Tajikistan;

- bodies in case of the President of the Republic of Tajikistan;

- bodies under the Government of the Republic of Tajikistan;

- it is advisory - advisory bodies in case of the President of the Republic of Tajikistan and the Government of the Republic of Tajikistan.

2. The central executive bodies of the government according to the procedure, established by the legislation of the Republic of Tajikistan, are formed and abolished by the President of the Republic of Tajikistan or the Government of the Republic of Tajikistan.

3. The provision, Structure of central office, the Scheme of management and extreme number of employees of the central executive bodies of the government are determined on the basis of regulatory legal acts of the Republic of Tajikistan and affirm the President of the Republic of Tajikistan or the Government of the Republic of Tajikistan. Powers and functions of the central executive body of the government are established by its Provision.

4. The central executive bodies of the government are financed by the republican budget and other sources, stipulated by the legislation the Republic of Tajikistan.

Article 6. Accountability and coordination in system of central

executive bodies of the government

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