of December 2, 2002 No. 77
About public finances of the Republic of Tajikistan
This Law determines the legal basis, the organizational principles of management of public finances, systematization of the budget and its classification, creation, forming, distribution and use of centralized money, governs the financial interbudget relations. The law establishes the place of state governing bodies and local authorities of the government, other participants of budget process in preparation, consideration of budget statements, approval, control of their execution and responsibility for violation of the legislation of the Republic of Tajikistan on public finances.
In this Law the following concepts and terms are applied:
public finances - set of the cash relations connected with education, distribution and use of funds, the accumulated money, through the republican budget, local budgets and the state trust funds used by authorities and public administration, local authorities of the government for accomplishment of the functions assigned to them;
the government budget - the fixed assets of money, forms of education and expenditure of money of republican governing bodies, local authorities of the government and trust budget funds of the Republic of Tajikistan approved by legislature;
grants - the budgetary funds provided to the budget of other level of budget system of the Republic of Tajikistan on non-paid and irretrievable bases for covering of current expenses;
subvention - the budgetary funds provided to the budget of other level of budget system of the Republic of Tajikistan or the legal entity on non-paid and irretrievable bases on implementation of certain expenses:
subsidy - the budgetary funds represented to the budget of other level of budget system of the Republic of Tajikistan, and also physical persons and legal entities on the terms of participation financing of target expenses;
the state trust funds - the funds of money formed according to the legislation of the Republic of Tajikistan for the income account or in the form of assignments from specific types of receipts which are used for implementation of this or that purpose;
borrowing - the money received under the agreement which shall be returned in the same amount with percent or without percent for their use or money on which to the creditor pay the interests or other payments connected with borrowing;
the budget obligation - recognized as the body performing the budget, obligation to make expenditure of means of the relevant budget during certain term, arising according to the Law (decision) on the budget and summary budget list;
grants - the money received from state bodies, or from state bodies of foreign countries, or from international financial institutions gratuitously and without adoption of obligations concerning their repayment for maintenance of certain direction of economic policy;
investments - the money allocated for capital construction, acquisition of fixed assets and securities, replenishment action of goods;
transfers - budgetary funds for financing of the current and capital payments to the population in the form of pensions, grants, benefits, compensations, other social payments established by the legislation of the Republic of Tajikistan, and also assignment of expenses of the companies, the private non-commercial institutions rendering services to the population, state bodies and on which there are no obligations on their repayment;
the minimum state social standards the state services which provision is guaranteed to citizens on non-paid and irretrievable bases at the certain minimum admissible level in all territory of the Republic of Tajikistan due to financing from different levels of budget system of the Republic of Tajikistan and the state trust funds by the state;
the minimum fiscal capacity - the minimal allowable cost of the state and local services provided by authorities and public administration or local authorities of the government per capita at the expense of means of the relevant budget;
budget process - the activities of the state executive bodies, local authorities of the government regulated by rules of law and other participants of budget process on creation and consideration of budget statements, the state trust funds, their approval and execution, and also on budget performance monitoring, fixed by legal acts.
The medium-term program of the public expenditures - the three-year program of state revenues and expenses into which the tax, non-tax, grant income of the government budget and the income of the state trust funds with aggregative expenses of the government budget and the state trust funds according to Sections and categories of economic classification, sectors of functional classification and the main managers of budgetary funds of departmental classification are integrated;
internal audit in the field of public finances - activities of auditor divisions of budgetary institutions for research of economical and productive financial management and observance of the financial legislation of the Republic of Tajikistan;
the main manager - the state governing body given the right to dispose of means of the government budget and to distribute them to subordinated organizations. The most significant budgetary institution of science, education, culture and health care can also be the main manager;
the manager - state governing body or budgetary institution which receives budgetary funds from the main manager and has the right of distribution and control of use of budgetary funds by subordinated receivers of budgetary funds.
The legislation of the Republic of Tajikistan on public finances of the Republic of Tajikistan is based on the Constitution of the Republic of Tajikistan and consists of this Law, the Law on the Government budget of the Republic of Tajikistan for the next financial year, the Law on the state financial control in the Republic of Tajikistan, other regulatory legal acts of the Republic of Tajikistan and the international legal acts recognized by the Republic of Tajikistan.
The state financial system of the Republic of Tajikistan - certain sphere of the financial relations in the course of which money will be formed and used. The state financial system determines forms and methods of education, distribution and use of the state money.
The state financial system of the Republic of Tajikistan consists of the following financial relations:
- system of the government budget;
- public debt;
- state trust funds.
The system of the government budget of the Republic of Tajikistan consists of budgets of the following levels:
- the first level - the republican budget and budgets of the state trust funds;
- the second level - local budgets.
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The document ceased to be valid according to the Law of the Republic of Tajikistan of 28.06.2011 No. 723