LAW OF THE REPUBLIC OF TAJIKISTAN

of January 3, 2024 No. 2024

About modification and amendments in the Law of the Republic of Tajikistan "About regulatory legal acts"

Accepted by the Resolution MH MOPT of December 13, 2023, No. 1174

Approved by the Resolution MM MORT of December 27, 2023, No. 446

Article 1. Bring in the Law of the Republic of Tajikistan "About regulatory legal acts" of May 30, 2017 (Akhbori of Majlisi Oli of the Republic of Tajikistan, 2017, No. 5, h 1, Art. 271; 2019, No. 7, Art. 465; 2021, No. 12, h 2, Art. 694) following changes and amendments:

1. To add the paragraph of the sixth article 2 after the word of "acts" with the words "and other regulatory legal acts having legal advantage".

2. In paragraph three of part 3 of Article 6 to replace the word "publication" with the word "placement".

3. Regarding 1 Article 7, of part of 1 Article 34, the paragraph the fourth part 4 Articles 57, of part 5 of Article 62, speak rapidly 4 Articles 66, of part 3 Articles 69, the paragraph the eighth part 4 Articles 82, speak rapidly 3 Articles 84, of part 2 Articles 87, the name and parts 1 and 3 of Article 89, the name and the text of Article 91 of the word "The Agencies on Nuclear and Radiation Safety of National Academy of Sciences of Tajikistan", "Agency on Nuclear and Radiation Safety of National Academy of Sciences of Tajikistan", "Agency on nuclear and radiation safety of National academy of Sciences of Tajikistan" and to "The agency on nuclear and radiation safety of National academy of Sciences of Tajikistan" to replace respectively with words of "Audit Chamber of the Republic of Tajikistan, the Agency on chemical, biological, radiation and nuclear safety of National academy of Sciences of Tajikistan", "Audit Chamber of the Republic of Tajikistan, the Agency on chemical, biological, radiation and nuclear safety of National academy of Sciences of Tajikistan ", " Audit Chamber of the Republic of Tajikistan, the Agency on chemical, biological, radiation and nuclear safety of National academy of Sciences of Tajikistan "and" Audit Chamber of the Republic of Tajikistan, the Agency on chemical, biological, radiation and nuclear safety of National academy of Sciences of Tajikistan".

4. The paragraph the tenth parts 2 of article 9 after words "the Government of the Republic of Tajikistan" to add with the words "The Agencies on Chemical, Biological, Radiation and Nuclear Safety of National Academy of Sciences of Tajikistan" and shall be replaced with words the words "The Agency on Nuclear and Radiation Safety of National Academy of Sciences of Tajikistan" "Audit Chamber of the Republic of Tajikistan".

5. In Article 24:

- in the name of Article of the word "both the Agencies on nuclear and radiation safety of National academy of Sciences of Tajikistan" shall be replaced with words ", Audit Chamber of the Republic of Tajikistan and the Agency on chemical, biological, radiation and nuclear safety of National academy of Sciences of Tajikistan";

- regarding 1 Article of the word "and the Agency on nuclear and radiation safety of National academy of Sciences of Tajikistan" shall be replaced with words ", Audit Chamber of the Republic of Tajikistan and the Agency on chemical, biological, radiation and nuclear safety of National academy of Sciences of Tajikistan";

- state part 2 in the following edition:

"2. The ministries, bodies in case of the President of the Republic of Tajikistan, bodies under the Government of the Republic of Tajikistan, the Agency on chemical, biological, radiation and nuclear safety of National academy of Sciences of Tajikistan adopt regulatory legal act in the form of the order, and the state committees, National Bank of Tajikistan and Audit Chamber of the Republic of Tajikistan in the form of the resolution.";

- "the Government of the Republic of Tajikistan" to add part 3 after words with words "," and the words "The Agency on Nuclear and Radiation Safety of National Academy of Sciences of Tajikistan" shall be replaced with words the Agencies on chemical, biological, radiation and nuclear safety of National academy of Sciences of Tajikistan "The Audit Chamber of the Republic of Tajikistan".

6. Part 3 of article 29 after words "legal acts" to add with words "presidential decrees of the Republic of Tajikistan and the orders of the Government of the Republic of Tajikistan,".

7. Regarding the 2nd Article 31 of the word "and the Agency on nuclear and radiation safety of National academy of Sciences of Tajikistan" and "and the Agency on nuclear and radiation safety of National academy of Sciences of Tajikistan" to replace respectively with words ", Audit Chamber of the Republic of Tajikistan and the Agency on chemical, biological, radiation and nuclear safety of National academy of Sciences of Tajikistan" and ", Audit Chamber of the Republic of Tajikistan and the Agency on chemical, biological, radiation and nuclear safety of National academy of Sciences of Tajikistan".

8. In Article 39:

- regarding 2 words "The Ministry of Justice of the Republic of Tajikistan" shall be replaced with words "authorized state body in the field of the analysis of regulatory impact";

- state part 5 in the following edition:

"5. The procedure for maintaining the Internet portal and authorized state body in the field of the analysis of regulatory impact are determined by the Government of the Republic of Tajikistan.".

9. Add Article 42 with the sixth offer of the following content: "The constitution of the Republic of Tajikistan, and also specific codes, the laws and the adopted or approved regulatory legal acts in case of statement in the reduced form which reflects their type and the name, are written with lowercase letters, but begin with capital letter.".

10. In Article 43:

- from part 9 of the word", subitems" and ", one subitem" to exclude;

- to exclude from part 11 of the word "or Item".

11. Regarding 3rd Article 47 the word is "drawn up" shall be be replaced with words "can be drawn up".

12. In Article 48:

- 2, 3 and 4 to state parts in the following edition:

"2. In case of application of the reference to 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 (their structural elements) are specified:

- exact (in necessary case to the paragraph) regulation to which reference is made (in case of its application on separate structural element of regulatory legal acts);

- type of regulatory legal act;

- name of regulatory legal act.

3. In case of application of the reference to subordinate regulatory legal act in addition to the details provided by part 2 of this Article number and acceptance date of regulatory legal act are also specified.

4. In cases of numerous application of the reference to subordinate regulatory legal act only the act type, its number and acceptance date or their reduced form are specified.";

- exclude part 5 and to consider part 6 part 5.

13. To add the name of article 52 after the word of "body" with the words "and concepts".

14. In Article 55:

- in the first offer of part "acts about" shall be replaced with words 2 words "acts of one level about";

- add part 2 with the offer the second the following content:

"If in case of project development of the presidential decree of the Republic of Tajikistan there is need of project development of the order of the Government of the Republic of Tajikistan, these projects of regulatory legal acts shall be developed and represented in a complex if other procedure is not provided in the draft of the presidential decree of the Republic of Tajikistan.";

- add with part 2 following of content:

"2. Changes and additions can be made to regulatory legal acts also for the purpose of elimination of collisions between regulatory legal acts, shortcomings of regulatory legal acts and the solution of other appropriate questions.";

- consider part 2 part 3.

15. The second offer of part 3 and part 5 of article 56 after the word "compliance" to add with words ", except for paragraphs which are independently structured".

16. In paragraph six of part 4 of Article 57 and part 1 of Article 66 of the word "both the Agencies on nuclear and radiation safety of National academy of Sciences of Tajikistan" shall be replaced with words ", Audit Chamber of the Republic of Tajikistan and the Agency on chemical, biological, radiation and nuclear safety of National academy of Sciences of Tajikistan".

17. Part 1 of article 58 after the words "National Bank of Tajikistan" to add with the words "Audit Chamber of the Republic of Tajikistan, the Commissioner for Human Rights in the Republic of Tajikistan".

18. In Article 64:

- part 1 after the word of "anti-corruption" to add with the word "anti-discrimination";

- add with part 6 of the following content:

"6. Anti-discrimination expertize of projects of regulatory legal acts is carried out according to the procedure, provided by the Law of the Republic of Tajikistan "About equality and liquidation of all forms of discrimination".".

19. In Article 66:

- regarding 1 word "and "Sadoi mardum"" shall be replaced with words ", "Sadoi mardum", "Akhbori of Majlisi Oli of the Republic of Tajikistan" and "The unified state register of regulatory legal acts of the Republic of Tajikistan".";

- exclude part 3 and to consider part 4 part 3.

20. Exclude Article 68.

21. In Article 69:

- regarding 1 sign of point shall be replaced with words "and its electronic option which since 2011 has force, identical with paper form, it is posted on the official site of the Ministry of Justice of the Republic of Tajikistan.";

- state part 5 in the following edition:

"5. The central public authorities and local authorities of the government are provided with "The unified state register of regulatory legal acts of the Republic of Tajikistan".".

22. In Article 83:

- to state the name of Article in the following edition:

"Article 83. Compliance between regulatory legal acts";

- in the text of Article of the word "Laws" and "laws" to replace respectively with the words "The Laws Adopted by National Referendum, the International Legal Acts Recognized by Tajikistan, the Constitutional Laws, Codes and the Laws" and to "other legal acts".

23. To state part 4 of Article 89 in the following edition:

"4. In case of detection of contradiction of regulatory legal act of the ministry, the state committee, bodies in case of the President of the Republic of Tajikistan, bodies under the Government of the Republic of Tajikistan, National Bank of Tajikistan, Audit Chamber of the Republic of Tajikistan and Agency for chemical, biological, radiation and nuclear safety of National academy of Sciences of Tajikistan, local authorities of the government, self-government institutions of settlements and villages to again adopted regulatory legal acts the Ministry of Justice of the Republic of Tajikistan sends to appropriate subjects of law-making the notification on elimination of actual collision. Subjects of law-making shall eliminate from acceptance date of the notification of the Ministry of Justice contradictions by modification and amendments or recognition voided regulatory legal act in a month and to provide regulatory legal act to the Ministry of Justice of the Republic of Tajikistan for state registration. In case of failure to provide by the interested subjects of law-making in a month of regulatory legal act for elimination of contradictions the Ministry of Justice of the Republic of Tajikistan makes the decision on its exception of the Register of the state accounting of regulatory legal acts of the Republic of Tajikistan and sends it for data and recognition voided in relevant organs. The decision on exception of regulatory legal act of the Register of the state accounting of regulatory legal acts of the Republic of Tajikistan is specified in the Register of the state accounting of regulatory legal acts of the Republic of Tajikistan.".

24. In part 5 of Article 91 of the word of "provisions of this Chapter" shall be replaced with words "procedure for state registration and enforcement of regulatory legal act of obligatory nature".

25. In part 5 of Article 93 of the word "and maintaining Centralized bank" shall be replaced with words ", maintaining and entering of other legal information into Centralized bank".

Article 2. Enact this Law after its official publication.

 

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