|
|
State Statistical Committee: |
|
Legal Framework |
The Law On State statistics
The present Law defines legal and economic bases of the organization and functioning of the state statistics and regulates the legal relations associated with providing of compilation, processing, dissemination, use and storage of the statistical information in Tajikistan.
Positions of the present Law operate in all territory of Tajikistan and other managing subjects and establishments of Tajikistan, irrespective of patterns of ownership, departmental subordination, the location and the organizational - legal form, and also on the physical persons engaged in enterprise activity, and in other cases established by the legislation of Tajikistan are distributed to all bodies of the government of republic and institutions of local government, the participants of enterprise activity registered as legal persons.
Chapter 1. General provisions
Article 1. A legal basis of activity of bodies of the state statistics.
The legal basis of activity of bodies of the state statistics is made with the Constitution of Tajikistan, the present Law and other laws, decisions of Majlisi Oli of Tajikistan , decrees of the President of Republic Tajikistan, the decision of the Government of Republic Tajikistan, the international legal acts recognized by Tajikistan.
Article 2. The primary goals and principles of the state statistics.
The primary goals of the state statistics are:
Development of the scientifically-grounded statistical methodology providing comparability of the data according to the international system of standardization;
Compilation, processing, the analysis and aggregation of the statistical information describing social and economic development of Tajikistan, and the control over realization of the state statistical activity;
Granting of the statistical information to bodies of the government and management and its finishing up to the certain circle of users;
The international cooperation, attraction and use of the statistical information on development of other states and the world community.
Main principles of the state statistics are:
Objectivity, reliability and independence of the statistical information;
Timeliness of compilation, stability of data system and integrity of the statistical information;
Comparability of the statistical information in system of considered basic parameters with statistics of other states of the Commonwealth of Independent States and the international statistics;
Availability and openness of the statistical information in the limits established by the legislation of Tajikistan.
The state creates uniform system of the primary account and statistics, carries out a management of them, defines the maintenance and character of statistical activity on all territory of republic.
Article 3. Mutual relations in the field of statistics between Tajikistan and other states.
Relations in the field of statistics between Tajikistan and other states are defined on the basis of contracts and agreements between them on principles of equality and mutual interests with observance of the international norms.
Chapter 2. The organization of the state statistics
Article 4. Bodies of the state statistics.
Bodies of the state statistics of Tajikistan are the State Committee of Statistics and the territorial statistical divisions subordinated to it which are carrying out compilation, the control, processing, the analysis, aggregation, dissemination and storage of the statistical information according to the present Law.
Bodies of the state statistics also carry out coordination of statistical activity in republic and operate on the basis of the confirmed positions.
Article 5. Organizational, financial and logistical support of statistical works.
The statistical works which are carried out by bodies of the state statistics according to the authorized by the Government of Tajikistan list of works and established programs are financed from the state budget.
Regional programs of statistical works are financed from the local budget.
The state statistical supervision spent over authorized programs of statistical works are financed from the customer.
The funds received from economic activities after payment of taxes are used by bodies of the state statistics for strengthening their logistical base.
Article 6. The state statistical supervision.
The official statistical record keeping is carried out by bodies of the state statistics of Tajikistan on the basis of the state statistical supervision.
The state statistical supervision can be republican and regional.
Statistical supervision over the social and economic processes is the republican state statistical supervision, carried out by republican body of the state statistics according to the program of statistical works confirmed annually by the Government of Tajikistan.
Statistical supervision over the social and economic processes is regional state statistical supervision, carried out by territorial bodies of the state statistics.
Legal and physical persons can be involved in carrying out of the state statistical supervision in the order established by the legislation of Tajikistan.
Article 7. Compilation and use of the statistical information.
Granting by legal and physical persons of the statistical information by all kinds of the state statistical supervision is obligatory and is carried out on a free-of-charge basis. The data are given to statistical bodies in the necessary volume, appropriate quality, in the established addresses and terms.
The statistical information received from managing subjects, is used for needs of the government and can be published in mass media. Thus the data received from physical persons, can be announced only from their consent. The data containing state or the trade secret, are not subject to announcement and are protected in the order established by the legislation of Tajikistan.
Users of the statistical information have no right without the consent of the state statistical bodies to use, publish or disseminate the received information. Bodies of the government do not bear the responsibility for the publication of the state data without them on that of the consent, for the data given by independent statistical bodies.
Article 8. Rights of bodies of the state statistics.
Bodies of the state statistics have the right:
To receive from bodies of the Government of Tajikistan, institutions of local government, the enterprises with the foreign investments, legal, physical persons and managing subjects, including financial, bank, insurance, customs, law-enforcement and other departments and services, the authentic statistical data in the volumes established by statistical bodies with and terms, including components commercial and state secret, in the order, established the legislation of Tajikistan;
To carry out among the population statistical surveys and to obtain from citizens the data necessary for the statistical purposes;
To check if necessary reliability of the primary and summary statistical data. In case of revealing their distortions to allow obligatory instructions for performance about their elimination and to bring corresponding specifications in the summary statistical data;
To represent interests of the state in interaction and cooperation with statistical departments of other states and the international organizations;
To carry out under economic contracts statistical, analytical, information and other works on profile subjects;
To supervise activity of managing subjects in sphere of compilation of the statistical information, studying of economic and social development of the state;
To accept in limits of their competence of the decision, obligatory for performance by corresponding legal persons and other managing subjects;
To conclude the contract about the international statistical cooperation;
To reveal and cancel the reports which have been not authorized according to established order, and also the unnecessary information of all managing subjects irrespective of forms of their property and subordination;
To carry out census and research of those sites of activity of managing subjects and physical persons which are outside of statistical supervision, in the order stipulated by legislation of Tajikistan, in volumes and in the terms established by statistical bodies.
Article 9. Duties of bodies of the state statistics.
Bodies of the state statistics are obliged:
To develop statistical methodology according to the international statistical standards and to provide reporting legal persons and other managing subjects with the necessary statistical information and necessary statistical forms of account;
To organize the state statistical supervision according to the established programs and to provide bodies of the government of the statistical information on socio-economic situation of republic;
To provide availability of the summary statistical information to wide users through press, radio and TV;
To give by inquiries of legal and physical persons the primary data on them which are taking place at the order of statistical bodies;
To provide observance of the state and commercial secrets, and also anonymity of the primary data on physical persons;
To provide appropriate storage, accumulation and actualization of the statistical information.
Workers of bodies of the state statistics are obliged to keep confidentiality of the existing statistical information.
Chapter 3. The responsibility for infringement of the present law
Article 10. The responsibility for not granting or distortion of the data of state statistical supervision.
The legal persons, managing subjects irrespective of the patterns of ownership not given data at carrying out of the state statistical supervision or given them deformed, bear established by the legislation of Republic Tajikistan the responsibility.
Article 11. The responsibility of bodies of the state statistics.
Bodies of the state statistics and their workers bear the responsibility for non-observance of the state and commercial secrets, and also requirements of the present Law in the order established by the legislation of Tajikistan.
The president of
Tajikistan E. Rakhmonov
Dushanbe, May 15, 1997
No. 43