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Ministry of Justice

Republic of Tajikistan

On July 28, 2016 No. 76

LAW OF THE REPUBLIC OF TAJIKISTAN

of July 23, 2016 No. 1338

About humanitarian antimine activities

Accepted by the Resolution MH MOPT of May 27, 2016, No. 455

Approved by the Resolution MM MORT of July 15, 2016, No. 264

This Law establishes legal and organizational basis of humanitarian antimine activities and is directed to regulation of the relations connected with these activities.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- humanitarian antimine activities - complex of the actions connected with mine clearing, the notification of the population about danger of mines, assistance to persons, injured from min. and unexploded ammunition, promotion of prohibition on use of antipersonnel mines and destruction of their inventories which are carried out for the purpose of decrease in impact of harm from the mines on social and economic condition and the environment performed by budgetary, extrabudgetary funds and with attraction of the help of the humanitarian organizations;

- mine clearing - complex of the actions connected with liquidation of danger of min. and unexploded ammunition, including public relations, technical and nontechnical researches, marking, neutralization, documentation after mine clearing and transfer cleared the territory;

- mine - the ammunition intended for installation underground or on its surface for the purpose of harming the person and the equipment;

- antipersonnel mine - the mines intended for harming the person;

- unexploded ammunition - explosive ammunition which was used, but for different technical or other reasons did not blow up;

- the dangerous territory - the site which is dangerous owing to presence or expected presence of min. and unexploded ammunition;

- the sapper - professionally prepared physical person who is engaged in mine clearing;

- national standards of antimine deyatelnostinorma - the safety developed for the purpose of increase in level, improvements of quality and efficiency of antimine activities, by ensuring management, implementation of regulations, determination of requirements and specifications;

- accreditation of subjects of humanitarian antimine activities - rules by means of which subjects are competent to perform mine clearing;

- quality assurance - general process of assessment of cleaning of the areas of min. and unexploded ammunition according to requirements of national standards of antimine activities;

- assistance to persons, injured from min. and unexploded ammunition - help given to victims and members of their families by budgetary or extrabudgetary funds for the purpose of recovery of health, scope by their projects which are bringing in incomes, rendering social, legal and psychological support.

Article 2. Legislation of the Republic of Tajikistan on humanitarian antimine activities

The legislation of the Republic of Tajikistan on humanitarian antimine activities 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 also the international legal acts recognized by Tajikistan.

Article 3. The main - the principles of humanitarian antimine activities

Humanitarian antimine activities are based on the following principles:

- humanity and mercy;

- safety;

- availability of information;

- obligatory soblyudny requirements of standards of antimine activities of Tajikistan.

Chapter 2. State regulation of humanitarian antimine activities

Article 4. Competence of the Government of the Republic of Tajikistan concerning humanitarian antimine activities

To competence of the Government of the Republic of Tajikistan concerning humanitarian antimine activities it is carried:

- development of single state policy concerning humanitarian antimine activities;

- approval of standards, strategy and national plans for humanitarian antimine activities;

- determination of authorized body on humanitarian antimine activities;

- implementation of other powers according to the legislation of the Republic of Tajikistan.

Article 5. Powers of authorized body concerning humanitarian antimine activities

The authorized body on humanitarian antimine activities (further - authorized body) has the following powers:

- realization of state policy in the field of humanitarian antimine activities;

- the conclusion of contracts and agreements on cooperation on humanitarian antimine activities in accordance with the established procedure;

- development of standards, strategy and national plans of humanitarian antimine activities;

- development and approval of procedure, rules and directives on humanitarian antimine activities;

- accreditation of subjects of humanitarian antimine activities;

- issue of the certificate of accreditation of humanitarian antimine activities;

- approval and control of accomplishment of curricula and programs of the subjects who are engaged in mine clearing;

- coordination of activities of the ministries and departments, local executive bodies of the government and self-government institutions of settlements and villages, and also physical persons and legal entities and international cooperation on humanitarian antimine activities;

- implementation of other powers according to the legislation of the Republic of Tajikistan.

Article 6. Powers of other state bodies concerning humanitarian antimine activities

Concerning humanitarian antimine activities is included into power of other state bodies:

- assistance in holding actions for humanitarian antimine activities;

- participation in implementation of plans and programs for humanitarian antimine activities;

- ensuring humanitarian antimine activities with the human resources, means and equipment necessary for training;

- implementation of other powers according to the legislation of the Republic of Tajikistan.

Article 7. Powers of local executive bodies of the government and self-government institutions of settlements and villages concerning humanitarian antimine activities

Concerning humanitarian antimine activities enters powers of local executive bodies of the government and self-government institutions of settlements and villages:

- assistance in holding actions for humanitarian antimine activities;

- participation in application of plans and programs for humanitarian antimine activities;

- implementation of other powers according to the legislation of the Republic of Tajikistan.

Chapter 3. Humanitarian antimine activities

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