LAW OF THE REPUBLIC OF TAJIKISTAN

of June 22, 2023 No. 1977

About Audit Chamber of the Republic of Tajikistan

Accepted by the Resolution MH MOPT of May 3, 2023, No. 1003

Approved by the Resolution MM MORT of June 16, 2023, No. 394

This Law determines the legal basis, the principles and activities, forming, system, structure, powers, the rights and obligations, service in Audit Chamber of the Republic of Tajikistan, and also procedure for its financial, material and technical supply for the purpose of carrying out substantive external state audit.

Chapter I. General provisions

Article 1. Legal status of Audit Chamber of the Republic of Tajikistan

1. The Audit Chamber of the Republic of Tajikistan (further - Audit Chamber) is the supreme body of the state audit performing substantive external state audit on project evaluation of the government budget, annual consolidated statement of the Government of the Republic of Tajikistan about execution of the State Budget, target and effective use of money and the state resources.

2. Powers of Audit Chamber on carrying out substantive external state audit extend to all branches of the government of the Republic of Tajikistan, and also to the objects using budgetary funds irrespective of their form of business. The Audit Chamber has no executive, legislative and law-enforcement powers.

3. The Audit Chamber cannot give assessment to priority and shortcomings of state policy in the field of public finances and use of state-owned property. The Audit Chamber gives assessment to realization of this policy and on its results represents the conclusion.

4. The Audit Chamber is legal entity, has seal with the image of the State Emblem of the Republic of Tajikistan, the name in state language and own symbolics. Regulations on Audit Chamber and regulations on symbolics of Audit Chamber of the Republic of Tajikistan, its image and the description according to the proposal of the chairman of Audit Chamber affirm the President of the Republic of Tajikistan. Location of Audit Chamber is the capital of the Republic of Tajikistan - the city of Dushanbe.

5. The Audit Chamber is accountable to the President of the Republic of Tajikistan and Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan.

Article 2. Basic concepts

In this Law the following basic concepts are used:

1) assessment - studying, reasoning, discussion and risk analysis of target and effective use of budgetary funds and the state resources;

2) audit - the independent professional evaluation performed for the purpose of collection and the analysis of financial and non-financial data and enhancement of management of the state resources and their correct accounting;

3) substantive external state audit - activities of the independent highest state authority of external audit according to the correct management of budgetary funds and the state resources which does not submit and is not accountable to the head of object of audit;

4) financial audit - the studying and the analysis of system of financial accounting and the financial reporting of object of audit allowing the employee of Audit Chamber to express opinion on correctness of financial accounting, the financial reporting and their compliance to requirements of the legislation of the Republic of Tajikistan and to industry standards;

5) compliance audit - assessment of conformity of object of audit to the legislation regulating its activities;

6) efficiency audit - studying and the analysis of activities of object of audit about profitability, productivity and effectiveness;

7) the auditor - the authorized employee of Audit Chamber having the rights to hold auditor events;

8) conflict of interest - situation when private interests of the employee of Audit Chamber do not conform to requirements for fair and impartial execution of office powers;

9) budgetary funds - money of the republican, local budget and trust state fund, the financial aid and property reflected in balance of the state companies, organizations and other organizations;

10) means of special funds - the funds of money created according to the legislation of the Republic of Tajikistan for the income account or in the form of the allocated share of separate types of receipts, provided for realization of specific purposes;

11) extrabudgetary funds - the public funds which are at the disposal of state-financed organizations, not relating to the republican and local budget, created at the expense of other sources;

12) special budgetary funds - the means received by the state companies and organizations in addition to the assignments allocated from republican and local budgets. Special means is the income of the organization and organization received from sales of products, performance of works and rendering services;

13) inappropriate use of budgetary funds and non-budgetary sources - expense republican and local budgetary funds, and also means of special funds and extrabudgetary funds not to destination;

14) inefficient use of means - use of means, extrabudgetary and special funds without receipt of the provided results;

15) the employee of Audit Chamber - the physical person appointed in accordance with the established procedure to position of public service in Audit Chamber with observance of requirements of specialization, having the official ID;

16) other employee of Audit Chamber - the employee of Audit Chamber who does not have the right to hold auditor events;

17) the state money - the money (amount) allocated by the state or attracted with guarantee of the Government of the Republic of Tajikistan to the realization established by the legislation of the Republic of Tajikistan of activities of the ministries, departments, state companies, organizations and other organizations, banks, joint-stock companies, business entities and centers of projects implementation of investment;

18) object of audit - the company, organization and other organizations covered by audit;

19) auditor action - the set of professional activity of the auditor performed according to statutory rules of the audit standard based on audit programme, preparation, collection of proofs, preparation of the report and the conclusion and provision of recommendations;

20) operating activities - the activities of the companies, organizations and other organizations showing source of their money and products;

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