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Code on administrative offences of the Republic of Tajikistan.

Country/Territory
Tajikistan
Document type
Legislation
Date
2008 (2020)
Source
FAO, FAOLEX
Subject
Food & nutrition, Forestry, Water, General
Keyword
Public health Protection of environment Food quality control/food safety Hygiene/sanitary procedures Beverages Food additives Water supply Potable water Prohibited crops Land tenure Public land Polluter pays principle Soil pollution/quality Ownership Pastoralism Transport/storage Offences/penalties Legal proceedings/administrative proceedings Processing/handling Viticulture/oenological practices Timber Timber extraction/logging Forest species Non-timber products Forest management/forest conservation Groundwater Freshwater pollution Thermal and medicinal waters Water abstraction Effluent waste water/discharge Pollution control
Geographical area
Asia, Central Asia, CIS (Commonwealth of Independent States), Europe and Central Asia, Landlocked Developing Nations, North Asia
Entry into force notes
This Law enters into force on the date of its official publication.
Abstract

The tasks of the legislation of the Republic of Tajikistan on administrative offenses are protection of human and civil rights and freedoms, health protection, sanitary and epidemiological safety of the population, protection of public morality, improvement of the environment, protection of the established procedure for the exercise of state power, public order and public safety, property, protection of legitimate interests of individuals and legal entities, society and the state from administrative offenses, as well as ensuring the timely and correct consideration of cases of administrative offenses and prevention of administrative offenses. Code on administrative offences is based on the principles of legality, equality before the law, inevitability of responsibility, personal responsibility, justice and humanism. An administrative offense is an unlawful, guilty act (action or inaction) of a natural or legal person, the commission of which in accordance with this Code entails administrative responsibility. An administrative offense may be committed intentionally or through negligence. An individual who has reached by the time of committing an administrative offense of sixteen years shall be liable to administrative responsibility. Violation of labour legislation (unjustified termination of an employment contract with an employee; hiring to work without formalizing an employment contract or non-compliance with age requirement for admission to work; unilateral refusal of the employer from collective contracting; unjustified refusal to grant labor leave to employee), unjustified refusal to hire, intentional employment of citizens wanted by law enforcement bodies, recruitment of persons with a criminal record for positions prohibited by law, illegal suspension of an employee from work and violation of the rights of persons with disabilities in employment, including unlawful refusal of the employer to hire disabled persons of the second and third groups within the established quota shall entail application of fines (Articles 94 – 97, and 108). Violation of the legislation on public health protection shall entail imposition of a fine (Article 110). Violation of sanitary and epidemiological requirements for potable water and potable water supply of the population shall entail the imposition of a fine (Article 116). Violation of the established sanitary and epidemiological requirements at public catering enterprises, including the preparation of food and beverages, their storage and sale to the population, shall entail the imposition of a fine (Article 117). Violation of the rules for handling of food additives, including illegal import of food additives, manufacturing and trade thereof shall entail imposition of a fine and confiscation of illegal food additives (Article 121). Violation of rules on radiation safety and electromagnetic safety shall entail imposition of a fine (Articles 124-125). Trade of poor quality (substandard) foodstuffs, including homemade ones, with high content of chemical, toxic, carcinogenic substances and biological additives, after expiration date application, shall entail imposition of a fine and confiscation of the aforesaid foodstuffs (Article 126). Illegal cultivation, that is, illegal sowing or cultivation of prohibited crops containing narcotic substances, in the absence of signs of a crime shall entail imposition of a fine (Article 128). Manufacturing or trade of ethyl alcohol, liquors or alcohol-containing products that do not meet the requirements of state standards shall entail imposition of a fine and confiscation of the aforesaid produce (Article 132). Violation by the employer work safety legislation, in the absence of a crime, shall entail imposition of a fine (Article 135). Non-compliance with labour legislation shall entail imposition of a fine (Article 139). Violation of the right of state ownership of land, unauthorized use or appropriation of land plots that violate the law of state ownership of land, in the absence of signs of a crime, shall entail the imposition of a fine (Article 141). Soil pollution with chemical and radioactive substances, industrial waste and sewage, infection with bacterial and parasitic harmful organisms, in the absence signs of a crime, shall entail the imposition of a fine (Article 147). Violation of the right of state ownership of subsoil, unauthorized use of subsoil, transactions, in direct or latent form, violating the right of state ownership of the subsoil or hindering them, in the absence of signs of a crime, shall entail the imposition of a fine (Article 165). Violation of the requirements for the preservation of groundwater when using subsoil, i.e. exhaustion and pollution of underground waters, including thermal mineral and medicinal waters, their improper use, destruction, damage or failure to ensure the safety of hydrogeological wells suitable for subsequent exploitation when using subsoil, shall entail the imposition of a fine (Article 167). The use of water in excess of the established norm, unauthorized water use and unauthorized performance of hydraulic works, misuse of water, violation of the rules of performance of primary accounting of the amount of water taken from waterbodies and discharged into them, non-compliance with quality control of discharged water, discharge of pollutants into water, as well as implementation of construction of water intakes on surface water sources without fish protection structures and devices, refusal to provide timely and reliable information or provision of distorted information on the state of use of water resources, shall entail the imposition of a fine (Article 174). Violation of the established procedure for using the logging areas, harvesting and removal of timber, harvesting and collection of resin of trees, shrubs, plants, shall entail the imposition of a fine (Article 182). Violation of standards, rules, regulations, instructions and other environmental protection requirements and requirements for rational use of natural resources, shall entail the imposition of a fine (Article 223). Unauthorized use of natural resources, without special permit, if such permit is required, shall entail the imposition of a fine (Article 238). Destruction of crops by animals or human action, damages to natural or cultivated pastures, shall entail the imposition of a fine (Articles 249-250).

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