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Law of the Republic of Tajikistan

On State Statistics

 

 

 This law regulates legal relations in the statistical activity, determines goals, rights and responsibilities of the state statistical offices, and also the order of organization of collection, processing, use, dissemination and protection of official statistics and official statistical accounting in the Republic of Tajikistan.

 

  

            CHAPTER I. GENERAL PROVISIONS

 

 Article 1. Purpose and Subject of Regulation of the Present Law

 

1. This Law establishes legal basis and regulating mechanisms for implementation of the unified governmental policy in the field of official statistical accounting and distribution of the state statistical data to satisfy the needs of the state and society in comprehensive, reliable, scientifically based and timely official statistical information about social, economic, demographic, ecological and other public processes in the Republic Tajikistan.

          2. Operation of the present Law shall apply to all statistical units and subjects of official statistical accounting implementing their activities in the territory of the Republic of Tajikistan.

 

Article 2. Major Definitions

 

The following major definitions shall be used in this Law:

-         statistics set of quantitative data on phenomena or processes;

-         state statistics single state statistical information system, formed by state statistics;

-           official statistics   collected and processed information of statistical units, showing the characteristics of the phenomena in the appropriate population;

-         state statistical system the basic component of the public information system, which is a combination of primary, aggregated and administrative statistical data;

-         official statistical accounting  activity aimed to conduct statistical surveys and processing the data obtained from the surveys carried out in order to create official statistical information, according to official statistical methodology;

-         subjects of official statistical accounting  public authorities, organs of self-government settlements and villages and other government agencies engaged in the formation of official statistical information in appropriate filed of activities in compliance with the legislation of the Republic of Tajikistan;

-         statistical unit natural persons and legal entities, individual entrepreneurs, affiliates and representative offices of foreign legal entities, irrespective of the organizational-legal form, operating in the Republics of Tajikistan in compliance with the legislation of the Republic of Tajikistan;

-          state statistical reporting   the data provided by any statistical unit and subject of the official statistical accounting to state statistical offices pursuant to the procedure established by the legislation of the Republic of Tajikistan;

-          official statistical information aggregated documented information on the quantitative component of social, economic, demographic, ecological and other social processes in the Republic of Tajikistan, compiled in compliance with the programs of statistical works and other observations;

-          statistical methodology the whole set of general rules and special techniques of statistical observation;

-         statistical observation systematic, scientifically substantiated data collection about phenomena and processes of the social and economic activity of statistical units implemented by statistical offices and subjects of official statistical accounting;

-         departmental statistical observations observations implemented by subjects of official statistical accounting on specific kinds of activity;

-         uniform system of e technical- economic and social-information classification and coding the system that allows grouping the information about statistical units by kinds of activity, patterns of ownership, location and etc.

-         state statistical register the integrated databank of statistical units providing interaction with departmental registers and information databases on the basis of the uniform system of technical-economic and social-information classification and coding;

-         primary statistical data statistical information about the specific statistical unit, regardless of patterns of ownership and kind of activity;

-         administrative data the data received by the subjects of official statistical accounting while implementing the administrative functions which are submitted to the statistical offices for production of official statistical accounting;

-         aggregated data integration of economic indicators by means of their association in a uniform group;

-         statistical confidentiality the protection of statistical data, the disclosure of which is prohibited in compliance with the legislation of the Republic of Tajikistan;

-          census one of the methods of continuous statistical observation of statistical units to be counted on the entire territory of the Republic of Tajikistan for a particular time;

-         survey formation of the data collected by interviewing from a sample of separate units of the whole population of statistical units;

-         sample methods and procedures for selection of units of the object under study subject to survey;

-         dissemination provision of all users with access to the statistical information, which is not confidential;

-         statistical appraisal design-approximate value of the statistical information;

-         metadata information about quantitative statistical data concerning methods of collection, processing, dissemination of data, methodological explanations and notes on quality of the data.

 

 Article 3. Legislation of the Republic of Tajikistan on State Statistics

 

Legislation of the Republic of Tajikistan on State Statistics is based on the Constitution and consists of this Law, other normative legal acts of the Republic of Tajikistan, as well as of international legal acts recognized by Tajikistan.

 

Article 4. State Policy in the Field of Statistics

 

State policy in the field of statistics is focused on organizing of collection, processing, use and improvement of the state statistics, dissemination and protection of official statistical information on the basis of independence, scientifically- based methodology and international standards.

 

Article 5. Basic Principles of State Statistics

 

In order to ensure quality of the state statistics, the statistics shall be formed according to the following principles:

 

 - relevance, objectivity, scientific validity, timeliness, reliability of the official statistics;

 - impartiality, statistical confidentiality of the official statistics;  

 - transparency, openness, accessibility of the official statistics;

 - consistency of the official statistics.

 

 

 CHAPTER 2. STATE STATISTICAL OFFICES, THEIR FUNCTIONS, RIGHTS AND OBLIGATIONS

 

 Article 6. State Statistical Office

 

         1. State statistical office shall be the central organ of executive power authorized by the government of the Republic of Tajikistan (hereinafter referred to as the Authorized Agency), implementing collection, processing, analysis, generalization, acquisition and store of the official statistical data.

2. The Authorized Agency shall carry out state policy in the field of statistics, improve the statistical activities in the Republic of Tajikistan and direct structural units.

 

 

Article 7. Functions of the Authorized Agency

 

1.                The authorized agency in order to implement the state policy in the field of statistics shall:

- coordinate and supervise statistical activity of the subjects of official statistical accounting and statistical units;

         - implement interdepartmental statistical activity;

- develop statistical standards, including methodology, classification for production of official statistics;

          - submit proposals to the Government of the Republic of Tajikistan in regard to establishment of Interdepartmental statistical council, its regulation and composition;

 - exercise cooperation with other countries and international organizations, enter into agreements and the treaties with them in accordance with the procedure established by the legislation of the Republic of Tajikistan;

- develop and approve forms of statistical reporting and instructions on reporting;

- exercise other powers stipulated by the legislation of the Republic of Tajikistan.

 

 

Article 8. Rights of State Statistical Offices

 

         The authorized agency is entitled to:

         - obtain from statistical units and subjects of official statistical accounting, free of charge, statistical data in the volume set and in a given period established by the statistical agencies in accordance with the procedure established by the legislation of the Republic of Tajikistan, including data composing commercial and state secret;

- request the data from all kinds of sources, including departmental registers and information databases, and also make statistical appraisals on the basis of the available information;

- conduct statistical observations among the population;

- check reliability of the statistical data; demand that distortions should be eliminated in case they are revealed;

- have access to the reporting of the subjects of official statistical accounting;  

- make comments on misuse and faulty interpretation of the statistical data;

- determine a method of conducting statistical observation;   

- in the procedure established by the legislation of the Republic Tajikistan, on a contractual basis, implement statistical, analytical, information-computer and other works on specialized subjects;  

- in the procedure established by the legislation of the Republic Tajikistan engage the subjects of official statistical accounting to conduct statistical observations;

- within the limits of their competence make decisions to be subject to compulsory implementation by statistical units and subjects of official statistical accounting.

 

 

  Article 9. Responsibilities of the authorized agency

 

The authorized agency shall have to:

- organize state statistical observations according to the established programs and methodologies;

     -  provide a wide range of users with accessibility to the statistical information;

         - provide in the prescribed manner the statistical information in accordance with its obligations under international treaties signed;

        - provide adequate updating, accumulation and store of statistical information;

       -  guarantee keeping of the state statistical register;  

       - provide mass media with necessary information and comments on general changes in the state statistics;  

      - provide statistical units with necessary forms of the statistical reporting and methodical guideline (instructions)

      - guarantee confidentiality of state and commercial secrets, statistical confidentiality concerning statistical units in accordance with the legislations of the Republic of Tajikistan.

 

Article 10.   Interdepartmental Statistical Council

 

 1. Interdepartmental statistical council shall be established under the Authorized Agency.

2. The Interdepartmental Statistical Council shall develop priority directions of the state policy in the field of statistics, introduction of innovative approaches and technologies, improvement of methodology and submission of recommendations with regard to the basic issues of statistical activity.

3. The Council Regulation shall be developed by the authorized agency and approved by the Government of the Republic of Tajikistan

 

  

CHAPTER 3. ORGANIZATION AND KEEPING OF THE OFFICIAL STATISTICAL ACCOUNTING

 

 Article 11. Programs of State Statistics

 

1. To ensure the effectiveness of statistical activities and further long-term development of state statistics, a long-term Programme of development of statistics for not less than 5 years and an annual program of statistical works which contains a list of forms of statistical accounting with instructions for submission dates shall be developed

2. Programs of the state statistics shall be developed by the authorized agency together and approved by the Government of the Republic of Tajikistan.

  

Article 12. Official Statistical Accounting

 

1. Official statistical accounting shall be exercised by the authorized agency in compliance with the annual programs of statistical works, on the basis of the statistical documented observations, including primary statistical data and administrative data.

2. Statistical units shall be obliged to submit the data to the authorized agency in the appropriate form, in due time and free.

3. Subjects of the official statistical accounting shall provide the authorized agency with free access to all databases, registers and other data.

 

Article 13.  Statistical methodology

 

1.           Official statistical methodology shall include methods for collecting and grouping of the primary statistical data and administrative data, assessment of accuracy of statistical information and its systematization focused on studying of quantitative phenomena in social and economic processes.

2.           Components of the statistical methodology shall be statistical observations, application of generalizing statistical indicators and their analysis.

  

Article 14. Statistical observation

 

1. Statistical observation is regard of statistical units and subjects of official statistical accounting, which are located in the territory of the Republic Tajikistan, shall be implemented by the authorized agency. Depending on the methodology, statistical observation may be total and sample.

2. Total observation is generation of the data received from all statistical units for production of the official statistics.

3. Sample survey is generation of the data received from certain statistical units on separate kinds of activity according to a special methodology.

4.  Method for conducting a statistical observation shall be determined by the authorized agency and subjects of official statistical accounting, unless otherwise stipulated by the legislation of the Republic of Tajikistan.

5. Collection of the primary statistical data shall be carried out according to the forms of statistical observation, by way of submitting these data by statistical units, or by way of their interviewing, or by way of registration of appropriate facts.

6.  Forms of statistical observation and the instruction on their filling in shall be developed by the subjects of official statistical accounting and approved by the Authorized agency.

  

Article 15. State Statistical Register

 

1. The state statistical register is a tool of statistical accounting and it contains an obligatory list of administrative and primary statistical indicators characterizing the activity of statistical units according to the Unified system of technical-economic and social-information classification and coding.      

2. The authorized agency shall keep the State statistical register.

3. Subjects of official statistical accounting, which create and keep the registers and information databases of statistical units, shall provide the state authorized agencies with information necessary for formation and updating of the State statistical register free of charge.

 

 Article 16. Dissemination of official statistical data

 

1. Dissemination of official statistical information by the subjects of official statistical accounting shall be accomplished by publishing it in the official publications, mass media and placement in public information and telecommunication networks

2. The authorized agency shall timely disseminate information on the publication date and the metadata.

3. All users have the right of equal and simultaneous access to the data of official statistics except for the confidential data containing individual information concerning separate statistical units.

4. Primary statistical information may be disseminated only with the consent of the statistical units which provided with the information.

5. Subjects of official statistical accounting shall guarantee protection of the confidential data against illegal access and disclosure in the procedure established by the legislation of the Republic of Tajikistan.

 

 Article 17. Organization, financial and material support of statistical works

 

1. The state statistical work performed in accordance with the programs approved by the Government of the Republic of Tajikistan shall be financed from the state budget.

2. The costs of additional statistical work shall be financed  by the customer, the funds received in  the procedure established by the legislation of the Republic of Tajikistan, shall be used for strengthening of the material and technical base of the authorized agency.

  

  

 CHAPTER 4. FINAL PROVISIONS

 

 

Article 18.  Legal safeguard the statistical units and subjects

 of official statistical accounting

1. The authorized agency shall guarantee the statistical units and subjects of official statistical accounting confidentiality of primary statistical.

2. The authorized agency shall provide processing and store and protection of the primary statistical data in the conditions guaranteeing their prevention from plunder, loss or distortion.

 

Article 19. Liability of infringement of this Law

 

Natural persons and legal entities hall be made accountable for violation of this Law in accordance with the procedure established by the legislation of the Republic of Tajikistan

  

Article 20.  Invalidity of Law of the Republic of Tajikistan On State Statistics

 

Recognize as invalid Law of the Republic of Tajikistan On State Statistics as of May 15, 1997 (Ahbori Madjlisi Oli of the Republic of Tajikistan, 1997, No.10, Item 127, 2003, No. 4, Item 136, 2006, No.3 Item 161, 2008, No.12, Part 2, Item 998).

  

Article 21. Putting this Law into Execution

 

 This Law shall come into force as of the date of its official publication.

 

 

President

of the Republic of Tajikistan           Emomali Rakhmon

 

Dushanbe

January 1, 2010, No.588