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Ministry of Justice

Republic of Tajikistan

 On March 2, 2017 No. 19

LAW OF THE REPUBLIC OF TAJIKISTAN

of February 24, 2017 No. 1396

About the address public assistance

Accepted by the Resolution MH MOPT of November 10, 2016, No. 626

Approved by the Resolution MM MORT of February 16, 2017, No. 335

This Law determines legal, financial and organizational basis of rendering the address public assistance to needy citizens (families) of the Republic of Tajikistan and is directed to improvement of their social position.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- the address public assistance - rendering monetary or financial support to needy citizens (families);

- the criterion of needs - when index of welfare of the citizen (family) is lower than the established minimum;

- needy citizens (families) are citizens (families) recognized needy according to the procedure, established by regulatory legal acts of the Republic of Tajikistan;

- difficult life situation - the situation breaking daily activity of the citizen (family), complicating the solution of its problems;

- the register of the address public assistance - the automated database about needy citizens (families) in the Republic of Tajikistan organized by structural unit of authorized state bodies containing data on statements, establishment of the address public assistance and the public assistance other information.

Article 2. Legislation of the Republic of Tajikistan on the address public assistance

The legislation of the Republic of Tajikistan on the address public assistance 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. Purpose of provision of the address public assistance

The purpose of the address public assistance consists from:

- rendering assistance to mitigation of difficult life situation and maintenance of needy citizens (families) which minimum income is lower than criterion of needs;

- creations of the conditions giving to needy citizens (families) opportunities for increase in their level of living;

- strengthenings of social support of needy citizens (families);

- decrease in level there is not enough security of the population;

- effective use of budgetary and extrabudgetary funds.

Article 4. Basic principles of the address public assistance

The basic principles of the address public assistance are:

- availability of the address public assistance to needy citizens (families);

- uchityvayemost of addresses of needy citizens (families) and determination of needs in the address public assistance;

- phasing of removal of needy citizens (families) from poverty level;

- focus of use of the provided means by their distribution for benefit of the needing needy citizens (families).

Article 5. Financing of the address public assistance

Financing of expenses on provision of the address public assistance is made at the expense of the provided means of the government budget, and also at the expense of other sources which are not forbidden by the legislation of the Republic of Tajikistan.

Article 6. Right to the address public assistance

1. Receive the address public assistance the having the right needy citizens (families) which minimum income is lower than criterion of needs.

2. In case of establishment of the right to rendering the address public assistance the following persons from family composition are not considered:

- persons which are on complete state providing;

- persons passing military service;

- persons serving sentence in correctional facilities.

Chapter 2. Powers of public authorities on rendering the address public assistance

Article 7. Competence of the Government of the Republic of Tajikistan on rendering the address public assistance

Competence of the Government of the Republic of Tajikistan on rendering the address public assistance:

- implementation of state policy on rendering the address public assistance;

- determination of authorized state body on rendering the address public assistance;

- determination of procedure for consideration of addresses, size, appointment and rendering the address public assistance;

- setting standards of requirements and procedure for determination of needy citizens (families), and also the list of persons having the right to the address public assistance;

- acceptance and approval of regulatory legal acts on rendering the address public assistance;

- implementation of other powers established by the legislation of the Republic of Tajikistan.

Article 8. Powers of authorized state body on rendering the address public assistance

The authorized state body on rendering the address public assistance has the following powers:

- performs state policy on rendering the address public assistance;

- establishes form and types of necessary documents on rendering the address public assistance;

- makes relevant decisions on rendering the address public assistance;

- keeps the register of the address public assistance;

- performs other powers determined by the legislation of the Republic of Tajikistan.

Article 9. Powers of local executive bodies of the government, self-government institutions of settlements and villages on rendering the address public assistance

Local executive bodies of the government, self-government institutions of settlements also sat down according to the procedure, established by the legislation of the Republic of Tajikistan, within the powers take measures for rendering the address public assistance.

Chapter 3. Procedure for the address and form of the address public assistance

Article 10. Request for receipt of the address public assistance

1. The application for receipt of the address public assistance is submitted by the citizen or on behalf of his family, guardianship and custody bodies, other legal representatives of the citizen in writing to departments and sectors of social protection of the population of local executive bodies of the government for provision of the address public assistance at the place of residence.

2. The application form and other documents necessary for receipt of the address public assistance, is established by authorized state body.

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