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Ministry of Justice

Republic of Tajikistan

 On October 2, 2015 No. 712

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of September 25, 2015 No. 587

About the Procedure for transfer of function of the central executive bodies of the government to self-government institutions of settlements, villages, organizations and conclusions of the administrative agreement

According to Article 20 of the Law of the Republic of Tajikistan "About system of state bodies of the Republic of Tajikistan", for the purpose of regulation of the procedure of transfer of function of the executive authority to self-government institutions of settlements, villages and the organizations, the Government of the Republic of Tajikistan DECIDES:

1. Approve the Procedure for transfer of function of the central executive bodies of the government to self-government institutions of settlements, villages, to the organizations and the conclusions of the administrative agreement it (is applied).

2. To the central and local executive bodies of the government, self-government institutions, settlements, villages and to the organizations to provide accomplishment of this Procedure within the powers.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Appendix

Approved by the Order of the Government of the Republic of Tajikistan of September 25, 2015, No. 587

Procedure for transfer of function of the central executive bodies of the government to self-government institutions of settlements, villages, organizations and conclusions of the administrative agreement

1. General provisions

1. The procedure for transfer of function of the central executive bodies of the government to self-government institutions of settlements, villages, the organizations and the conclusions of the administrative agreement (further - the Procedure) is developed according to Article 20 of the Law of the Republic of Tajikistan "About system of state bodies of the Republic of Tajikistan" and determines procedures of transfer of function, having auxiliary nature or rendering services to the population (further - functions) the central executive bodies of the government to self-government institutions of settlements and villages and the organizations, and also participations of the parties in development and signing of the administrative agreement and its realization.

2. Action of this Procedure extends to the central executive bodies of the government, local executive bodies of the government, self-government institutions of settlements, villages and organizations which take part in process of transfer of function.

3. Supervising functions of the central executive bodies of the government, except for stipulated by the legislation cases are not transferred to self-government institutions of settlements, villages and the organizations,

2. Procedure for transfer of function

4. The central executive bodies of the government can transfer the functions within the requirement of the legislation to self-government institutions of settlements, villages or the organizations.

5. The central executive bodies of the government can also transfer the functions to self-government institutions of settlements, villages and the organizations for the contract of the parties with financing of these functions.

6. Transfer of function of the central executive bodies of the government is performed in the following cases:

- if such opportunity is provided and regulated by regulatory legal acts;

- if transfer of function is economically reasonable;

- if in case of accomplishment of functions their workmanship does not decrease and damage is not caused to public concerns.

7. Can take the initiative of transfer of function:

- central executive bodies of the government;

- Majlises of People's Deputies of the Gorno-Badakhshan Autonomous Region, areas, city of Dushanbe, cities and areas;

- Chairmen of the Gorno-Badakhshan Autonomous Region, areas, city of Dushanbe, cities and areas;

- local executive bodies of the government;

- self-government institutions of settlements, villages and organizations.

8. Process of transfer of function is performed thus:

- self-government institutions of settlements, villages and the organization address the chairman of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas with the written request and reasons on transfer of the corresponding functions of the central executive bodies of the government by it. Chairmen of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas study request and with need represent to the central executive bodies state, the authorities the written request and reasonable documents;

- in request of self-government institutions of settlements, villages and organizations, chairmen of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas the list of the assigned functions, legal, social, economic case, need and the purposes of acceptance of the corresponding functions is specified;

- the central executive bodies of the government after receipt of request study and analyze question and, in case of its justification submit boards for consideration;

- after consideration of question at meeting of board, the corresponding functions of the central executive bodies of the government are assigned by its decision to self-government institutions of settlements, villages or organizations; the decision of board on transfer of function is submitted to chairmen of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas;

- taking into account the provided means for execution of functions chairmen of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas submit the decision of board for review to the relevant Majlis of People's Deputies;

- after adoption by the relevant Majlis of People's Deputies of the decision on approval of the decision of board of the central executive bodies of the government, the decision of board and the relevant Majlis of People's Deputies it are represented to self-government institutions of settlements, villages or the organizations;

- the meeting of jamia, the organization consider the decision of the relevant Majlis of People's Deputies and make the decision on transfer of the corresponding functions of the central executive bodies of the government to self-government institutions of settlements, villages or to the organizations.

9. Majlises of People's Deputies, local executive bodies of the government of the Mountain and Bakhshansky autonomous region, areas, the city of Dushanbe, cities and areas, also complying with Procedure Item 8, can provide request in the central executive bodies of the government about assignment of functions to self-government institutions of settlements and villages or the organizations.

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