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Ministry of Justice

Republic of Tajikistan

 On June 2, 2017 No. 38

LAW OF THE REPUBLIC OF TAJIKISTAN

of May 30, 2017 No. 1414

About regulatory legal acts

Accepted by the Resolution MH MOPT of April 12, 2017, No. 731

Approved by the Resolution MM MORT of May 18, 2017, No. 397

(as amended of the Order of the Government of the Republic of Tajikistan of 19.07.2019 No. 1632)

Chapter 1. General provisions

Article 1. Subject of regulation and coverage of this Law

1. This Law governing the public relations in the sphere of law-making activities, determines its basic principles, concepts, types, system, ratio between regulatory legal acts, legal force, general procedure for their development, examination, acceptance, publication, accounting, state registration, action, interpretation and systematization, and also methods of permission of legal collisions.

2. Features of development, approval, acceptance, registration, enforcement, publication, change, amendment, the termination or" suspensions of action of separate types of regulatory legal acts are determined also by the Constitution of the Republic of Tajikistan, other regulatory legal acts regulating activities of state bodies (their officials) in the sphere of law-making activities.

3. This Law does not govern the relations connected with:

- procedure for acceptance, modification and amendments and cancellation of the Constitution of the Republic of Tajikistan;

- procedure for the conclusion, ratification, approval, accession, registration, publication, accomplishment, denouncement and suspension of action of international treaties of the Republic of Tajikistan;

- procedure for acceptance, modification and amendments and cancellation of local regulations;

- other regulatory legal acts which are not provided by this Law.

Article 2. Basic concepts

In this Law the following basic concepts are applied:

- regulatory legal act - the official document of the established sample accepted by national referendum by either state body, or self-government institutions of settlements and villages, or the state authorized officer, containing instructions of obligatory nature and establishing, changing, or canceling precepts of law;

- all-obligation of regulatory legal act - obligatory execution by all public authorities, self-government institutions of settlements and villages by officials, physical persons and legal entities of the regulatory legal act adopted and enacted in accordance with the established procedure;

- the legislation - the regulatory legal acts governing the public relations in general or in certain area;

- system of normative, legal acts - set of legal acts, the international legal acts recognized by Tajikistan and the subordinate regulatory legal acts providing legal force, unity, hierarchy and their compliance;

- legal acts - the Constitution of the Republic of Tajikistan, the laws adopted by national referendum, the constitutional laws, codes and the laws of the Republic of Tajikistan;

- subordinate regulatory legal acts - the regulatory legal acts adopted on basis and in pursuance of legal acts;

- power to initiate legislation - official submitting for examination of legislature of the bill or legislative offers by body, or the officials determined by the Constitution of the Republic of Tajikistan;

- law-making activities - activities of the subject of law-making for development, acceptance, publication and cancellation of regulatory legal acts;

- subjects of law-making - the people of Tajikistan, state bodies, local government bodies of settlements and villages, officials according to regulatory legal acts having rights to perform law-making activities;

- the law-making equipment - rules of preparation, acceptance and modification and amendments, interpretation, publications, systematization, application, suspension and the termination of regulatory legal acts;

- the act of official interpretation - the official document of authorized body in which content of regulatory legal act or its normative provisions is explained;

- collision of regulatory legal acts - contradiction or discrepancy of regulations of the regulatory legal acts governing the same public relations;

- gaps in the legislation - lack of the precept of law (regulations) in regulatory legal act or lack of the regulatory legal act governing the corresponding public relations in case of detection of the requirement and need of regulation of precepts of law which are caused by essence and content of the operating system of law of the state, the principles and rules of international law;

- systematization of regulatory legal acts - activities for streamlining of regulatory legal acts and their reduction in the single internally approved system;

- legal force of regulatory legal act - the characteristic of the enacted obligatory and official regulatory legal act, possibility of legal regulation of the public relations, their consequence in law for participants of legal relations, and also its hierarchy in relation to other regulatory legal acts;

- analogy of the law - owing to lack of the provisions of the law governing the public relations, application to them of the legal regulations governing the similar public relations;

- analogy is right - owing to lack of the regulations of the legislation governing the public relations and the relations similar to them, application of the commonly accepted principles of the right, contents of the law, fair, wise and justified claim;

- the analysis of influence of regulation - acceptance of regulatory legal act on the basis of real proofs of determination positive and negative is social - economic consequences, taking into account ensuring compliance with human rights and freedoms, interests of entrepreneurs and the state.

Article 3. Basic principles of law-making activities

Law-making activities are performed on the basis of the following principles:

- compliance of the Constitution of the Republic of Tajikistan;

- priority of rights and freedoms of man and citizen;

- legality;

- benefit of regulations of the Constitution of the Republic of Tajikistan, the laws adopted by the national referendum and the international legal acts recognized by Tajikistan in relation to the laws and subordinate regulatory legal acts;

- justice;

- publicity and transparency;

- scientific character;

- professionalism;

- accounting of public opinion.

Article 4. Priority of rights and freedoms of man and citizen in law-making activities

1. Law-making activities in the Republic of Tajikistan are performed for the purpose of recognition, observance and protection of rights and freedoms of man and citizen. Rights and freedoms of man and citizen constitute the purpose and contents of the laws and subordinate regulatory legal acts of the Republic of Tajikistan, law-making activities of all subjects of law-making.

2. Restriction of rights and freedoms of man and citizen in law-making activities is performed by means of the law only for the purpose of ensuring protection of the rights and freedoms of others, public order, protection of bases of the constitutional system, safety of the state, defense of the country, public morals, health of the population and territorial integrity.

Article 5. Publicity and transparency in law-making activities

1. Publicity and transparency in law-making activities are provided the next ways:

- provision of information to the interested physical persons and legal entities about law-making activities;

- publication of the adopted regulatory legal act, in official publications, other mass media or bringing this act to general data in other ways, including electronic means;

- provision of opportunity to the interested physical persons and legal entities for acquaintance with content of the adopted regulatory legal act.

2. The project of regulatory legal act can be published for public discussion in mass media, and also by means of placement on the official sites of authorized subjects of law-making. The interested physical persons and legal entities have the right to examine contents of such project. The arrived offers and notes are subject to consideration by the authorized subject of law-making in case of completion of the project.

3. Provisions of parts 1 and 2 of this Article do not extend to the regulatory legal act or the project of regulatory legal act having information containing the state secret or other protected by the law, secret.

Article 6. Use of information technology in law-making activities

1. Law-making activities are performed on the basis of wide use of information technology.

2. Information technology is used in planning period of project development of regulatory legal acts, project developments, acceptances, publications of regulatory legal acts, acquisitions of the data about regulatory legal acts.

3. Use of information technology in law-making activities can be performed the next ways:

- placement of the project of regulatory legal acts on the official sites of body of law-making (except for the project of the regulatory legal acts having information containing the state secret or other protected by the law, secret);

- use of the official sites for the purpose of preliminary discussion of the project of regulatory legal acts;

- publication of the adopted regulatory legal acts on the official sites of bodies of law-making (except for the regulatory legal acts having information containing the state secret or other protected by the law, secret);

- use - electronic forms of regulatory legal acts;

- use of databank of regulatory legal acts;

- use of electronic forms of distribution of legal information of regulatory legal acts;

- ensuring publicity and transparency at all stages of law-making;

- distribution of information on meetings of legislature, other bodies of law-making, acceptance of new regulatory legal acts, cancellation of regulatory legal acts, modification and amendments in regulatory legal acts; law-making activities distribution of other information.

Article 7. Subjects of law-making and their power

1. Treat subjects of law-making: the people of Tajikistan, joint sittings of Majlisi milli and Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan, Majlisi milli of Majlisi Oli of the Republic of Tajikistan, Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan, the President of the Republic of Tajikistan, the Government of the Republic of Tajikistan, ministry, the state committees, bodies in case of the President of the Republic of Tajikistan, bodies under the Government of the Republic of Tajikistan, National Bank of Tajikistan and Agency for nuclear and radiation safety of Academy of Sciences of the Republic of Tajikistan, Majlises of People's Deputies of the Gorno-Badakhshan Autonomous Region, areas and city of Dushanbe, chairmen of the Gorno-Badakhshan Autonomous Region, areas and the city of Dushanbe, Majlises of People's Deputies of the cities and areas, chairmen of the cities and areas, self-government institutions of settlements and villages.

2. Other state bodies and legal entities entering the scheme of management and the list of the organizations of the ministries, state committees, bodies in case of the President of the Republic of Tajikistan and bodies under the Government of the Republic of Tajikistan are not subject of law-making.

3. Powers of subjects of law-making are determined by the Constitution of the Republic of Tajikistan, legal acts of the Republic of Tajikistan, joint resolutions of Majlisi milli and Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan, resolutions of Majlisi milli of Majlisi Oli of the Republic of Tajikistan, resolutions of Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan, presidential decrees of the Republic of Tajikistan and the orders of the Government of the Republic of Tajikistan.

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