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Ministry of Justice

Republic of Tajikistan

On July 28, 2016 No. 77

LAW OF THE REPUBLIC OF TAJIKISTAN

of July 23, 2016 No. 1339

About appeals of physical persons and legal entities

Accepted by the Resolution MH MOPT of June 9, 2016, No. 471

Approved by the Resolution MM MORT of July 15, 2016, No. 265

This Law governs the relations connected with procedure for representation and consideration of appeals of physical persons and legal entities for the purpose of protection of the rights, freedoms and their legitimate interests in public authorities, self-government institutions of settlements and villages, public associations, the organizations, organizations, the companies, irrespective of form of business (further - relevant organs and the organizations).

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- addresses - the statement, request, the offer, the claim of physical persons and legal entities sent in written, electronic or oral form to relevant organs and the organizations;

- the statement - request for assistance in realization of the rights, freedoms and legitimate interests or the rights, freedoms and legitimate interests of other persons or submission of information on violation of the law of the Republic of Tajikistan and other regulatory legal acts, shortcomings of activities of relevant organs and the organizations, or the critic of activities of officials, heads and staff of relevant organs and organizations;

- request - request for accomplishment by the authorized person of certain action for satisfaction of the requirement of the applicant, within provisions of the legislation of the Republic of Tajikistan;

- the offer - the recommendation about enhancement of the legislation of the Republic of Tajikistan and other regulatory legal acts, activities of relevant organs and the organizations, development of the public relations, improvement social, economic and other fields of activity of the state and life of society;

- the claim - expression of discontent towards separate action (failure to act) of officials, heads and the authorized staff of relevant organs and the organizations about protection and recovery of the rights and freedoms or the rights violated legitimate interests or violated, freedoms or legitimate interests of other persons;

- the applicant - the physical person and legal entity or its legal representative which addressed concerning protection of the rights, freedoms and legitimate interests or the rights, freedoms and legitimate interests of other persons to relevant organs and the organizations;

- the electronic address - the address which arrived on the official e-mail address of relevant organ and organization, or posted on the official site of relevant organ and organization on the Internet;

- the oral address - the address stated during personal acceptance of the official or the authorized person of relevant organ and the organization, or stated via phone (mobile communication);

- the address through mass media - the address printed in periodicals and mass media, and which arrived through other mass media, connected with activities of relevant organs and organizations, or distributed through mass media;

- the collective (joint) address - the address of two and more persons, or provided on behalf of group of citizens;

- the repeated address - the written, oral or electronic repeated appeal to the same body and the organization which does not contain new arguments with indication of questions on the substance of which rather earlier provided address the answer is directed, but in again arrived address new arguments or circumstances are not specified;

- persons considering the address - officials and the authorized staff of relevant organs and the organization who according to the procedure, established by regulatory legal acts, in essence study also consider addresses;

- the book of statements and claims - the book of single sample intended for introduction of notes and addresses on activities of relevant organs and organizations, individual entrepreneurs, service quality, accomplishment of the certain works performed by them goods and another.

Article 2. Principles of this Law

Consideration of appeals of physical persons and legal entities is based on the following principles:

- legality;

- justice;

- equality before the law;

- humanity;

- publicity;

- scientific character;

- unity of requirements to addresses;

- ensuring compliance with the rights, freedoms and interests of applicants;

- complete, comprehensive and impartial examination of addresses at the scheduled time;

- transparency of activities by consideration of addresses.

Article 3. Legislation of the Republic of Tajikistan on appeals of physical persons and legal entities

The legislation of the Republic of Tajikistan on appeals of physical persons and legal entities 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 4. Coverage of this Law

1. Operation of this Law extends to the relations connected with appeals of physical persons and legal entities to relevant organs and the organizations, except for the addresses considered according to requirements of the Code of civil procedure of the Republic of Tajikistan, the Economic Procedure Code of the Republic of Tajikistan, the Criminal Procedure Code of the Republic of Tajikistan, the Code of execution of criminal penalties of the Republic of Tajikistan, the Procedure Code of the Republic of Tajikistan about administrative offenses and the Code about ministerial procedures of the Republic of Tajikistan, and also other addresses concerning which the legislation of the Republic of Tajikistan establishes other procedure for their giving and consideration.

2. The provision of this Law does not extend to correspondence between public authorities and structures subordinated to them.

Chapter 2. Guarantees of the rights of physical persons and legal entities for the address

Article 5. Prohibition on infringement of the rights in case of submission of addresses

In case of realization of the right to the address the discrimination connected with nationality, race, floor, language, religion, political line item, social position, education and property, and also pattern of ownership, the location, form of business of legal entities is forbidden.

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