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Ministry of Justice

Republic of Tajikistan 

 On January 11, 2016 No. 62

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of December 30, 2015 No. 813

About Regulations on procedure for rendering the government and local assistance

According to article 10 of the Law of the Republic of Tajikistan "About the competition and restriction of monopolistic activities in the goods markets", for the purpose of conducting anti-monopoly activities and implementation of healthy competition in the goods markets, the Government of the Republic of Tajikistan decides:

1. Approve Regulations on procedure for rendering the government and local assistance it (is applied).

2. To anti-monopoly service under the Government of the Republic of Tajikistan to exercise the state control over the government and local assistance according to this Provision.

3. To the ministries and departments, local executive bodies of the government, self-government institutions of settlements and villages, and also authorized organizations of data of bodies to give the government and local assistance to one or several business entities according to this Provision.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Appendix

Approved by the Order of the Government of the Republic of Tajikistan of December 30, 2015 No. 813

Regulations on procedure for rendering the government and local assistance

1. General provisions

1. This Provision is developed according to requirements of articles 9 and 10 of the Law of the Republic of Tajikistan "About the competition and restriction of monopolistic activities in the goods markets" and establishes procedure for rendering the government and local assistance, consideration of request about assistance, control of its use, cancellation of the decision on satisfaction of request about rendering the government and local assistance, and also its return on absence reasons in current laws and in the budget legislation of legal regulation of the matters.

2. This Provision promotes prevention, restriction and suppression of monopolistic activities and unfair competition, including support of business activity, creation of conditions for the competition between business entities and adoption of administrative acts for rendering the government and local assistance.

3. In this Provision the following concepts are used:

- the government and local assistance - support of activities of business entities by means of allocation and distribution of the public or local funds, reserves, rendering individual privileges or benefits to one or several business entities;

- the donor - public authorities, local executive bodies of the government, self-government institutions of settlements and villages, and also authorized organizations of data of bodies which give help to one or several business entities;

- business entities - physical persons and legal entities, including foreign, their associations, and also persons who perform business activity without creation of the legal entity on the basis of the patent or the certificate;

- monopolistic activities - abuse of business entities (group of persons) of the dominant position in the goods markets, the conclusion of agreements, or implementation of the coordinated actions forbidden by the antitrust law;

- the competition - free competitiveness of business entities when their independent actions effectively limit possibility of each of them unilaterally to influence general terms of the goods circulation in the corresponding goods market;

- unfair competition - any, directed to acquisition benefits in business activity, actions of business entities which contradict the legislation of the Republic of Tajikistan and can cause or caused losses to other business entities - competitors, either caused or are capable to cause damage to their goodwill;

- inventories are available resources, means which can be used if necessary;

- authorized body - the state body and its regional structural divisions performing the antimonopoly policy.

4. The following activities are not considered the government and local assistance:

- creation (allocation, distribution) of the public or local funds (reserves, individual privileges and (or) benefits) to the individual as the government and local assistance connected with results of the biddings (tender) and (or) according to other procedures provided by the laws;

- creation (allocation, distribution) of the public or local funds (reserves, imushchestvo) to individuals from reserve funds of local executive bodies of the government as the government and local assistance for the purpose of disaster recovery, accidents, catastrophic crashes and emergency situations, consequence of power and anti-terrorist actions.

5. The government and local assistance is given if it does not eliminate or does not allow the competition and belongs to the following categories:

- the help for the purpose of carrying out the basic scientific research which is directly not aiming at obtaining new either improvements of the existing products, or engineering procedures;

- the help directed to the purposes of environment protection;

- the help aimed at cultural development and protection of cultural heritage;

- the help for production of agricultural products.

2. Procedure for rendering the government and local assistance

6. The government and local assistance, except for the help of the stipulated by the legislation Republic of Tajikistan, appears only with preliminary permission of the state antimonopoly authority.

7. Rendering the government and local assistance is made at the initiative of public authorities, local executive bodies of the government, self-government institutions of settlements and villages, and also authorized organizations of data of bodies or at the request of business entity to one or several business entities.

8. When rendering the government and local assistance to one or several business entities public authorities, local executive bodies of the government, self-government institutions of settlements and villages, and also authorized organizations of data of bodies create the Commission on consideration of the submitted documents.

9. The commission on consideration of the submitted documents is created according to the decision of public authorities, local executive bodies of the government, self-government institutions of settlements and villages.

10. The commission on consideration of the submitted documents consists of 3 or 5 people which is created for review of the submitted documents when rendering the government and local assistance.

11. The commission, considering reliability of the submitted documents, and by results of their reliability draws the official conclusion to state body, local executive body of the government, self-government institutions of the settlement and village.

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