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Ministry of Justice

Republic of Tajikistan 

 On May 7, 2009 No. 351

Approved by the Order of the Government of the Republic of Tajikistan of April 29, 2009 No. 258

Rules of forming and use of the state fund of seeds

(as amended of the Order of the Government of the Republic of Tajikistan of 02.12.2009 No. 671)

1. This document determines procedure of the activities connected with forming, storage and use of seeds from the state fund of seeds and also their reproduction.

2. The state fund of seeds consists of its inventories and is intended for regions in which there are no seeds or opportunities for implementation of their production are limited, and also for assistance to physical persons and legal entities, the seed and Dehkan (farmer) productions which are engaged in production of agricultural products in cases of natural disasters or other emergency situations.

3. The state fund of seeds is created at the expense of means of the republican budget, remaining balance of amounts of returnable seed stock of the last years and other sources which are not prohibited by the law.

4. For the state fund of seeds the certified seeds which grade and quality makes sure the certificate are bought and prepared. Procurement of the certified seeds of foreign production according to the government authorization of the Republic of Tajikistan is conducted by the Ministry of Agriculture of the Republic of Tajikistan. Procurement of seeds of foreign production is conducted in the presence of quality certificates of the seeds conforming to the international requirements.

5. The state fund of seeds is republican property. The main manager of the funds of the republican budget allocated for forming and use of the state fund of seeds is the Ministry of Agriculture of the Republic of Tajikistan. The specified means are used on financing of expenses on purchase, procurement, delivery, storage, their insurance, leave, and also payment of taxes, charges and services of suppliers.

6. Functions of the state customer on purchase of seeds for forming of the state fund of seeds are performed by the Ministry of Agriculture of the Republic of Tajikistan.

7. For the purpose of forming of the state fund of seeds, the Ministry of Agriculture of the Republic of Tajikistan:

- on competitive basis determines selection of suppliers of seeds;

- signs with winners of tender purchase contracts of seeds in the state fund of seeds in which are determined quantity, quality and cost of seeds, expenses by their delivery, storage, insurance and leave, and also repayment of taxes, charges and the cost of services of suppliers;

- provides conducting financial accounting of transactions on forming and use of fund of seeds in accordance with the established procedure;

- exercises control of target and effective use of the funds of the republican budget allocated for forming and use of the state fund of seeds;

- claims and brings to suppliers of form, the term and procedure for the reporting on movement of inventories of the state fund of seeds.

8. If necessary physical persons and legal entities, seed and Dehkan (farmer) productions address to Deraptment of Agriculture of areas of the cities and areas with the statement for issue of seeds from the state fund of seeds.

9. The Ministry of Agriculture of the Republic of Tajikistan on the basis of the orders received from Deraptment of Agriculture of areas, cities and areas allocates required amount of seeds. Issue of seeds according to this rule is made on the basis of the conclusion in writing of the loan agreement between physical persons and legal entities: seed and Dehkan (farmer) productions, further (borrowers) and authorized subordinated organizations of the Ministry of Agriculture of the Republic of Tajikistan, further (creditor).

10. The main document regulating the relations of the lessor with the borrower is the loan agreement. According to the loan agreement, one party (lessor) transfers to the possession to other party (borrower), money or the things determined by patrimonial signs, and the borrower shall return to the lessor one-timely or by installments the same amount of money or equal taken in loans quantity of things of the same sort and qualities (loan amount). The name of the borrower, date of providing loan, loan terms, the size and procedure for introduction of payment, interest rate, the rights and obligations of the Parties under the agreement, conditions of its termination and other conditions are provided in the agreement. In case of creation of the agreement of the party shall observe requirements of the current legislation of the Republic of Tajikistan.

11. If necessary the seeds made from reproduction of the seeds received from the state fund of seeds also can be used for requirements satisfaction of consumers on the basis of the conclusion of separate loan agreements between borrowers and the creditor. Replacement of debt with the loan obligation is performed with observance of rules of the civil code of the Republic of Tajikistan about innovation and made in the form of established for the loan agreement.

12. The subject of the agreement of loan are the seeds received by the borrower from the creditor from the state fund of seeds.

13. The size of interest rates of return of seeds of crops, issued, to farms on the basis of bilateral agreements to establish in the following proportions:

+----+---------------------------+------------------------------------
| п/н|  Наименование семян       |     Репродукция семян             |
|    |  сельскохозяйственных     |     сельскохозяйственных          |
|    |  культур                  |     культур, в том числе:         |
|    |                           +------------+----------+-----------+
|    |                           |Элита, R-I  |  R-II    | R-III     |
+----+---------------------------+------------+----------+-----------+
|1.  |Пшеница                    |  1:1,5     | 1:1,2    |  1:0,5    |
+----+---------------------------+------------+----------+-----------+
|2.  |Семена хлопчатника         |  1:1,5     | 1:1,2    |  1:0,5    |
+----+---------------------------+------------+----------+-----------+
|3.  |Кукуруза                   |  1:1,5     | 1:1,2    |  1:0,5    |
+----+---------------------------+------------+----------+-----------+
|4.  |Подсолнечник               |  1:1,5     | 1:1,2    |  1:0,5    |
+----+---------------------------+------------+----------+-----------+
|5.  |Картошка                   |  1:2,0     | 1:1,5    |  1:0,5    |
+----+---------------------------+------------+----------+-----------+
|6.  |Другие семена              |  1:1,5     | 1:1,2    |  1:0,5    |
+----+---------------------------+------------+----------+-----------+

To transfer return amount from crops of the third reproduction and hybrids after the second generation in total expression at market prices in the State fund of seeds of the republican budget.

14. The loan agreement is considered the Creditor imprisoned after the date of transmission of seeds to the Borrower. The borrower shall give to the lessor opportunity to exercise control of target use of loan amount.

15. The borrower shall return to the lessor the received loan amount the provided agreement in time and according to the procedure. The borrower bears property responsibility according to the legislation of the Republic of Tajikistan according to the obligations which arose at it in connection with non-execution of the loan agreement.

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