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(Including amendments)
LAW OF THE
REPUBLIC OF TAJIKISTAN ON
LEASING IN THE REPUBLIC OF
TAJIKISTAN
DIVISION I
COMMON REGULATIONS ON LEASING
Article 1
A lease
1.1
A lease is written with the purpose of increasing output and
productivity, and improving the living conditions of people.
1.2
A lease is an agreement based on a contract for a fixed period
specifying rental fees and granting disposal and utilization rights on land,
natural resources, enterprises,
other property complexes and property necessary for the tenant's economic and/or
other activities.
Article 2
Legislation on lease
2.1 Lease is regulated in the Republic of
Tajikistan by this law and other legislation of the Republic of Tajikistan.
Article 3
Property subject to lease
3.1
A lease is legal in any sphere of the country's economy and may be
applied to all forms of property.
3.2
The following property may be leased:
a) Land and other natural resources;
b) Enterprises, organizations, units of unions, factories, shops, and
other departments of enterprises and organizations which are part of
industrial complexes;
c) Separate buildings, constructions, equipment, means of transport,
instruments, and other material objects.
3.3 Groups of enterprises, organizations
and forms of property which cannot be leased are determined by the laws of the
Republic of Tajikistan.
Article 4
Landlords
4.1 Any person including foreign legal and
physical persons disposing of any type of property have the right to lease it.
State authorities in charge with the administration of state property enjoy
the right to lease state property while keeping in mind the type of property
it involves. Cooperative and State enterprises have the right to lease
complexes of real estate, separate buildings, equipment and other material
objects in their keeping or under their active management.
4.2 Land and other natural resources are
leased by the relevant Assembly of People's Representatives.
4.3 State farms and other agricultural
enterprises may lease the land which it has acquired.
Article 5
Tenants
5.1 Any legal entity of the Republic of
Tajikistan, joint ventures, international associations and organizations to
which domestic and foreign legal entities participate, as well as other
countries, international organizations and foreign legal persons, have the
right to become tenants.
Article 6
Unions of tenants
6.1 Tenants have the right to form on a
voluntary basis associations, unions, companies and other unions. They also
have the right to finance their activities and leave the concerned association
in accordance with its approved regulations.
6.2
A union may include any collective or citizen regardless of the legal
structure of their business. A tenant may join any union with the agreement of
this union.
Article 7
The lease agreement
7.1
The document which regulates the relationship between the landlord and
the tenant is the lease agreement. A lease must be concluded voluntarily and
ensure the equality of both parties.
7.2
A lease must contain the following information: the structure and value
of the property which is to be leased, the rate of rent, the terms of the
lease, the distribution of the responsibilities of both parties to repair and
maintain the property, the obligation of the landlord to lease his or her
property according to the terms specified in the lease contract, the tenant's
responsibility to use the property according to the agreed terms, the tenant's
responsibility for timely payment of rent and for restitution of the
property at the conclusion of the lease term, and eventual terms for buying
the property and other necessary conditions.
7.3
The lease may include the
landlord's obligations to supply materials, to assist in the development
of the production, the technical improvement of production, social
development, to consult and make necessary information available, other
assistance, to help in the training of specialists, to make the necessary
conditions for effective use of the leased property and to keep it in a good
state.
7.4
The cost of leased property is defined in an agreement proceeding from
an appraisal of the property at the time of its lease at its market cost, or
the cost of it after restoration. Terms of expiry of the lease are fixed by an
agreement of both parties.
7.5
In cases where, according to the lease contract, obligations of both
the landlord and the tenant are not observed, improperly fulfilled and or one
side breaks or decides to break the contract, responsibilities are shared
according to the terms of the contract. In cases property belonging to a state
enterprise is leased, the official owner of the property is responsible for
his obligations toward the tenant.
Article 8
Rent
8.1 Rent includes depreciatory deductions
from the cost of a leased property. At the time of the lease of land or other
natural resources the depreciatory deductions which are to be included into
the rent are fixed in the lease and depend upon the distribution of
obligations between the parties to the leasehold property. Rent and other
rental deposits may consist of money provided to the landlord by the tenant
for repairing needs after expiry of the lease term. A percentage of
the income from leasing, not any higher than bank interest rates, may
be excised for public needs.
8.2 Rent may be fixed for the leasehold
property, in totality and or separately for every object according to each
object's rental value or value agreed upon. The terms and rent payment is
stated in the lease contract.
8.3
The amount of payment for lease may be modified upon mutual agreement
if prices, tariffs and banking interests rates drastically vary.
8.4 Payment for lease involving the use of
state property is remitted according to the type of state property. For
national property, payment is remitted to the State Budget and for municipal
property payment is remitted to Local State Budgets.
Article 9
Ownership during the period of lease
9.1
A lease is not a transfer of ownership of the property. Income earned
by the tenant as a result of using the leased property, belongs to the tenant
as well as other material and other values which are not part of the leased
property and are legally acquired by the tenant.
9.2
If in the lease contract other conditions have not been provided for,
anything which is purchased or constructed for the maintenance or amelioration
of the property by the tenant, belongs to the tenant. In cases where the
tenant has ameliorated the property with the landlord's consent in such a way
that it cannot be separated from the leased property without causing damage to
the property, the tenant has the right to be compensated for the cost of the
amelioration at the end of the lease unless otherwise is stipulated in the
lease contract. When leasing an enterprise or any other un-dividable property
complex, a tenant has the right to be compensated for the cost of the
amelioration which can not be separated from the leased property
and which was made by the tenant for his own benefit regardless of the
landlord's consent unless otherwise stipulated in the lease.
9.3 Improvements which may be separated
from the property and which are made at the expense of depreciatory deductions
from a leasehold property are owned by the landlord and these improvements
will increase the cost of the leasehold property.
9.4
If the condition of the returned property after the end of a lease
agreement, is worse than allowed by the lease, the tenant must compensate the
landlord for the infliction of loss according to the law.
9.5
If a leased property is wasted through the tenant's fault before the
total depreciatory term of service, the tenant
compensates the landlord for the fixed total rent and also for other
damages in accordance with legislation in force. If a tenant repairs the
property after the end of period fixed by the agreement as its term of service,
the landlord is required to pay compensation to the tenant unless otherwise
stipulated in the lease.
Article 10. Purchase of
leased property
10.1
A tenant may purchase the leased property with the landlords consent
completely or partially. Terms,
procedures and conditions of purchase must be defined by the lease contract
and by a purchase agreement. All of these questions must be settled by the
arbitration of the Economic Court. The laws of the Republic of Tajikistan may
envisage instances restricting or prohibiting the purchase of the leased
property.
10.2 Contracts
for the lease of state property later meant to be purchased shall be concluded
by the relevant Local Hukumat (Local Executive Committee) or the relevant
State Authority responsible for the administration of state property. The cost
of the property subject to purchase shall be estimated by the above mentioned
authorities.
10.2
A landlord has the right to specify in the purchase agreement the terms
which regulate the required duties and rights of the purchasing tenant. These
terms may include the following obligations:
a) To pay the cost of the property including the value that can be
generated by the property;
b) To supply a determined share of the property's production to consumers
designated by the seller of the property;
c) Not to change the type of production generated by the purchased
property for a fixed period of time.;
d) Not to resell the purchased property;
e) Other obligations of the buyer of the property specified by the
purchase agreement.
10.3
A purchase agreement may also contain terms of the buyer to oblige the
seller of the property to keep for a determined period material and technical
guarantees ensuring the marketing of the property's production and promote the
industrial, scientific, technical, social and external economic activities
linked to the property.
10.4 Purchase
is achieved by the tenant's remittance of the remaining cost of the property
to the landlord after the depreciation period of the lease ends and if the
property is available for sale according to its state for which an inventory
of the property should be established so that a proper estimate of the cost of
the property can be made. The method of purchase may involve any means at the
disposal of the enterprise according to the legislation of the Republic of
Tajikistan and the charter of the enterprise. The right of ownership of an
enterprise having leased and then purchased property is established after
signing a purchase contract which is provided only after remittance of a sale
tax to the State Budget. The enterprise is then granted a with certificate for
property rights. The leased enterprise may be reformed into another form of
enterprise, based on collective ownership, under the decision of the labor
collective.
Article 11
Defining the aims of the economic activity of the tenant
11.1
In accordance with the lease, a tenant decides the aims of his economic
activity alone and disposes of both his products and income.
11.2 After
fulfilling his obligation under the letting agreement, a leaseholder is
totally free for his economic activities.
Article 12
Terms of the lease
12.1
The term of the lease is defined by the lease. The leasing of natural
resources, enterprises, buildings, or constructors must concern a period of
five years or longer. When leasing land the conditions of performing
scientific crop notation by the tenant must be fixed. The minimum period for a
lease of land may not be for less than one crop rotation. Land may be granted
by lease for agricultural use and production for life with
inheritable possession without the right of ownership. Taking into
account the character and purpose of lease, an agreement may be contracted for
a short term or up to five years.
12.2 After
the end of the lease term of the agreement, the tenant has the right to renew
the lease.
12.3 After
the end of the term of the agreement, it is considered renewed under the terms
and conditions fixed by the lease agreement unless one or both parties has
refused to continue. When renewing the lease for a new term, the lease's
conditions may be changed by the mutual consent of the parties.
Article 13
Modifications, dissolution and renewal of a lease contract
13.1 Modification
of a lease and its dissolution are allowed by the mutual consent of the parties.
At the demand of one of the parties within less than two months the lease may be
dissolved by the Economic Court's decision, in case of a breach of the
conditions of the agreement by the other party.
13.2 Reorganization
of the entity that is landlord is not a reason to modify or dissolute the lease
agreement.
13.3
In the case of the tenant's death or
in other circumstances where he is not able to fulfill his obligations or exercise his rights under the lease agreement,
the lease is transferred to a member of the tenant's family or to a member of
the labor collective if the latter agrees to be a landlord. A landlord has no
right to refuse these persons to be the successors to the original tenant,
barring cases where the agreement was based on the personal and professional
qualities of the original tenant.
Article 14
Dispute's resolution during the term of the lease
14.1
A dispute arising during the term of the lease is resolved by the
Economic Court according to its jurisdiction.
Article 15
Protection of tenant's property rights
15.1
A tenant must be sure of the protection of his right to the leased
property received by him under the lease agreement as the right of ownership is
protected. The tenant may demand withdrawal of the leased property from any
illegal possession, the removal of obstacles to his enjoyment of the property,
and any damage made to the property by anyone including the landlord.
15.2 Debts
of the landlord may not be paid from the property leased to the tenant.
15.3
The leased property may be withdrawn from the tenant only by the decision
of the Economic Court.
15.4
The conditions of a lease are in force for the entire term of the
agreement even in cases where after its conclusion, legislation is passed which
would diminish the rights of the tenant.
LEASE OF ENTERPRISES AND
ORGANIZATIONS
Article 16
Creation of a lease enterprise
16.1
A working collective of a state-owned enterprise, association or any
structural unit of an association (hereafter referred to as a state enterprise)
shall have the right to create an organization of
tenants as an independent legal entity an then on the basis of this
organization establish a lease enterprise. The decision on establishment of the
organization of the tenants and its management board are taken during a general
meeting of the working collective through a vote requiring no less than two
thirds of the total votes. The tenant organization together with the Trade
Unions Committee then drafts a lease agreement and submits it to the State
Office authorizing the lease of state enterprises to private individuals. This
office examines the agreement within thirty days from the moment of its
submission. Arguments, arising when signing the lease agreement, including those
related to groundless refusal to lease the enterprise as well as delays in
consideration of proposals, are settled by the Economic Court. Following the
endorsement of the agreement, the tenants organization, according to a
determined procedure, are provided with the property of the state enterprise and
obtain the status of a lease enterprise. State enterprises or structural units
on the basis of which new lease enterprises have been established, are
liquidated in compliance with the order set in the legislation of the Republic
of Tajikistan.
16.2
The lease enterprise operates according to its charter which is adopted
on the general meeting of the
working collective. The lease enterprise is bestowed the right of a legal entity from the moment of its registration at the registration
office where the above mentioned enterprise is located. Lease enterprises
have the right through solicitation to keep the name and state awards of
the state enterprise under lease.
16.3
A lease enterprise is the successor of the property rights and
obligations of the state enterprise under its lease including its rights to
dispose of land and other natural resources. Landlord shall have the right to
take full or partial responsibility for the repayment of credit debts of the
state enterprise. Liabilities to market production in terms envisaged by
agreements of the this enterprise, are carried out by the tenant. The landlord
transfers to the tenant material resources or assets and other funds for them,
and takes other required actions to provide for the implementation of these
liabilities. The lease enterprise retains
the right to be allocated centralized capital investments and grants in volumes
determined for the state enterprise under the lease. Lease enterprises are
transferred all the rights and obligations for the social and economic
development of the land where the enterprise is located.
A lease agreement outlines the relationship between the landlord and the
tenant on terms regarding the use of fuel, raw materials, incomplete production,
final products, how to distribute balance funds for economic stimulation, use
the apartment housing fund, its financing, and the streamlining of funds raised
as a result of credit debenture repayment.
16.4
It is prohibited to force a lease enterprise to lease objects it does not
require.
Article 17
Lease enterprise management
17.1 Management of the lease enterprise
is performed in accordance with its charter.
Article 18
Economic activities of a lease enterprise
18.1 A
lease enterprise has the right to sub-rent, or provide for free temporary usage
or borrow material values, which are included within the leased property, on
condition that such transference does not imply the decrease of the
enterpriseÒs production and economic potential (value) and on condition that
it does not infringe other clauses of the lease agreement. The above-stated
procedure for disposal of leased property is not applied to land and other
natural resources, as well as other situations stipulated by current
legislation. The lease enterprise has the right to independently modify the
composition of the leased property, reconstruct, expand and technically up-grade
the enterprise in order to raise its value unless otherwise provided for by the
agreement.
18.2
A lease enterprise provides
effective utilization and re-production of the natural resources, and uses them
for the purposes they were provided
for. The enterprises are obliged also to protect the environment from pollution
and other harmful impacts.
18.3
The external economic activity of a lease enterprise is carried out
according to the order set for state enterprise.
18.4
A lease enterprise is obliged to abide by the law and state directives
relating to the sale of their
output according to existing economic relations and quantities not exceeding the
directiveÒs restrictions of the year of the lease. A lease enterprise
voluntarily abides by state production and marketing directives proportionately
according the extent of utilization of collective property. The landlord has the
right to acquire production manufactured by the tenant.
18.5
A lease enterprise sells its output according to retail prices, wholesale
prices, purchase prices or prices specifically agreed upon for the state
enterprises. A lease enterprise procures raw materials and other material
resources according to prevalent retail, wholesale, and purchase prices or
prices agreed upon specifically for state enterprises.
18.6
A lease enterprise may be allocated grants in order to expand its
production, settle social problems related to state centralized capital
investments and the landlordÒs funds; it may be granted with credits and
payments in advance on the condition of increasing output and enhancing the
outputs quality. Tenants of low-profit and loss-making enterprises may be
furnished by the landlord with privileges in rent payment.
18.7
A lease enterprise keeps records of the results of its economic
activities, keeps accounting and statistics in compliance with the standards
established for enterprises. Auditing of the lease enterprise is performed in
the same order as the audit procedures for enterprises, considering the specific
features of the lease relations.
Article 19
Financial resources of lease enterprises
19.1 Financial
resources of a lease enterprise are earned through the sale of its output,
credits, funds from the sale of securities, voluntary contributions and other
financial means.
19.2 Remuneration
and other expenditures involving salaries, taxes, rent payments, insurance
contributions, payment of natural and labor resources and interest rates are
deducted from the income of the lease enterprise. Net profit is fully disposed
of by the lease enterprise which also independently decides how to use its
profits.
19.3
A lease enterprise has the right to issue securities in order to mobilize
additional financial resources, as well as take targeted credits in compliance
with the acting legislation and participate in the security market. Employees of
a lease enterprise have the right of priority to purchase the securities of the
enterprise.
19.4
A lease enterprise has the right to grant credits to other enterprises or
organizations out of its own funds, on the terms defined by a mutual agreement,
including the interest rate.
19.5 Withdrawal
of money from the account of a lease enterprise is done exclusively upon its own
instruction or upon a decision of the Economic Court. Withdrawal of money from
the account of a lease enterprise is allowed under strict compliance with the
legislation of the Republic of Tajikistan. In case a lease enterprise does not
agree with the decision to withdraw money form its account, it has the right to
appeal to the State for reimbursement.
Article 20 Labor and its
remuneration
20.1 Labor relations of the working
collective of a lease enterprise are regulated by legislation on labor, taking
into account the special clauses, provided for in this law.
20.2
A lease enterprise defines its recruitment and dismissing procedure by
itself including forms and systems of salary remuneration, working schedules,
shifts, accounting of labor time, and schedules for vacations and holidays. The
lease enterprise decides itself the duration of the annually paid vacations.
Moreover, their duration can not be less than those enforced for similar
categories of the state employees.
20.3
The Republic of Tajikistan provides a welfare scheme for the employees of
lease enterprises according to the legislation in force. Employees dismissed
from the enterprise as a result of its transformation into a lease enterprise,
are guaranteed by the landlord and the relevant Local Assemblies of PeopleÒs
Representatives the enforcement of their rights with respect to their dismissal
as foreseen by the law.
20.4 Lease
enterprise deduct from their profits relevant fees and taxes in an order and
amount determined by the Government of the Republic of Tajikistan.
Article 21
Property of a lease enterprise
21.1 Property of a lease enterprise is
constituted by the manufactured production, earned incomes and other property
items acquired out of the enterpriseÒs funds.
21.2
The share of each employeeÒs contribution to the formation of the
property of the lease enterprise through his or her personal working
participation, as well monetary and other property contributions are calculated
in the total property cost of this enterprise according to the terms and
procedures envisaged by its charter.
21.3 Securities
may be issued to the working collective equaling the cost of the employeeÒs
contribution to the property of the lease enterprise in compliance with its
charter. The above-stated securities are paid in dividends in amounts defined by
the working collective, considering final outputs and objectives for further
development of the enterprise. The real cost of the securities are paid to their
owners in cases envisaged by the charter of the lease enterprise. The charter of
the enterprise states the procedure and terms for paying dividends to dismissed
employees.
Article 22
Creation of a lease enterprise on the basis of a state enterprise
(association) unitÒs property
22.1
A lease enterprise may be created by leasing of outputs, shops,
divisions, farms or other units of the state enterprise unitÒs property. The
creation of such a lease enterprise is allowed only with the permission of the
relevant State Authority responsible for the administration of state property.
In any case the agreement is bonded to the state enterprise (association) unit's
part of the property which is provided for leasing.
Article 23
Tenders for lease of enterprises (associations) and subsidiary complexes
of property
23.1
A state enterprise (association) or its branch may be leased through a
tender. Tenders shall be opened by
the state office which has the right to lease the above-mentioned enterpriseÒs
property.
23.2
The working collectives of the state enterprises (associations) or their
branches, mixed collectives, including those not working in the enterprise, and
other groups of people may participate at a tender. In order to participate in a
tender, the above-stated collectives shall have to create tenant organizations
according to the procedure defined in part 1 of Article 16 of the present law.
Other state enterprises (associations), cooperatives and public organizations
may participate at a tender.
23.3 Priority
to lease an enterprise is given to the working collectives of the relevant
enterprise or its branch. The landlord or his or her representatives considers
submitted proposals by tenants and must opt for those ensuring the
highest output performance, for those leasing the biggest part of the proposed
property, and for those offering to pay the highest rent.
A tenants organization winning the tender signs a lease contract with the
landlord and operates as a lease enterprise according to the procedures and
terms stipulated in Articles 16-21 of this law.
Article 24
Creation of a lease enterprises on the basis of a public organization's
property
24.1 Public
organizations have the right to lease their enterprises and sub-divisions on
terms defined by these organizations. Moreover, when elaborating procedures for
the creation and terms of operation of lease enterprises, public organizations
may refer to the clause of this Article.
Article 25
Lease of a state enterprise (association) or its subdivision by a
cooperative
25.1
In case a cooperative leases a state enterprise (association) or its
subdivision, relationships concerning lease are established with the state
office which is authorized to lease enterprises. Terms of the lease agreement
shall comply with Articles 16 and 18 of this law.
LEASE BY CITIZENS
Article 26
Individual and group lease
26.1
A citizen or a group of citizens have the right to lease production means
and other property, required for their economic activities.
26.2 Tenants
are required to deposit into the State Budget deductions from their incomes in
accordance with the regulations of the Government of the Republic of Tajikistan.
The work experience of the tenants, during which insurance contributions were
paid, are included in the total length of service. Entities and organizations,
including foreign legal persons, state, public, cooperative and other
organizations, which are responsible for lease,
shall have to consider the applications of citizens concerning lease of
property, land and other natural resources within a month after their
remittance. Disputes arising when signing a lease contract, including those
related to the groundless refusal to lease or delay in the consideration of
applications concerning lease of property, land and other natural resources,
shall be settled by court.
Article 27
Economic activities while individually leasing or leasing to a group
27.1 Tenants
contractually leasing as individuals or groups, independently dispose of the
final outputs of the property and have the right to sell it in any region of the
country in compliance with the prices and tariffs approved by an agreement with
the customers or independently. They may voluntarily pledge to execute a state
directive and market the output manufactured for the purpose of this directive,
for wholesale, purchase or contractual prices.
27.2 Construction
of buildings on a leased land lot is prohibited. Exceptions to this rule are
field camps for which the landlord's consent is required.
27.3
Net profit from the sale of outputs following payment of taxes, rent and
bank loans, shall be completely disposed of by the tenant.
27.4 Material
and technical provision, transportation, repair and other kinds of services for
tenants working in the agricultural sector shall be performed on the basis of
contracts signed according to terms established for collective and state farms.
27.5 Tenants
pursuing their activities shall have the right to establish cooperative
relationships with collective and state farms, as well as other state ,
cooperative and public organizations, create marketing
consulting, processing, repair, construction and other cooperatives and
economic unions.
Article 28
Bank accounts and credit
28.1
A tenant has the right to open banks accounts for his or her business. He
or she have the right to independently choose any bank for banking facilities.
28.2 Tenants
according to terms determined in coordination with banks or landlords,
have the right to get short-term or long-term credits for business
development. For the pilot stage of a business, Local Assemblies of People's
Representatives may allocate funds to tenants for starting their activities, for
business development, irrigation of land, and road and house construction on a
free basis or repayment basis.
DIVISION II
LEASE SUB-CONTRACTS WITHIN A
LEGAL ENTITY
Article 29
The use of lease sub-contracts within a legal entity
29.1 Lease
sub-contract within legal entities is a system of organization and remuneration
of individual workers, collectives, and groups of workers (hereafter termed
lease collectives) that can be used by state, collective and public enterprises.
29.2
An enterprise in coordination with the Trade Unions Committee is required
to abide by the regulations on the use of lease sub-contract within legal
entities, internal prices for production and tariffs for work and services
performed. The enterprise is also required to keep records of material and other
expenses of the lease collective.
29.3 Lease
collectives of the state enterprise independently elaborate forms and systems
for salary remuneration, work schedules, shifts, accounting of working time,
establish schedules for vacations and holidays by avoiding disagreement and lack
of coordination between the actions of the various subdivisions of the
enterprise. The new staff of the lease collective is hired
with the approval of the latter.
29.4 Lease
sub-contracts involving work within the legal entity in the agricultural sector
envisage the right to hire on behalf of the enterprise, persons who are not
members of the lease collective, in order to perform a definite type of work.
Article 30
Organization of the economic activities of a lease collective
30.1
In accordance with the working agreement of a sub-lease contract, a lease
collective shall bear responsibility
to produce and transfer to another enterprise or, by its instruction, to market
products (work or services), envisaged by this agreement. The lease collective
shall have the right to dispose of the outputs surpassing the norms established
in the agreement unless otherwise provided for by the acting legislation or
agreement.
30.2 When
using a sub-lease contract within a legal entity, an enterprise carries out
settlements with the bank, budget and other offices in a determined order
according to the results of the economic activities of the enterprise as a
whole. It shall be still responsible for the planning of major outputs, as well
as the enforcing of a common technical policy, and the up-grading and
reconstructing in accordance to the general policy strategy of the enterprise
including its social sphere. An output program shall be independently prepared
by the lease collective taking into account obligations stipulated in the
agreement.
30.3
The working agreement shall also state the sizes and procedure for
reimbursement by the lease collective of expenses and payments of the
enterprise, including those streamlined for the development of production,
scientific, technological and social needs.
30.4
The working agreement shall establish the responsibilities of the parties
in case obligations fixed in the agreement are not met for or improperly
executed.
30.5
An enterprise may furnish the lease collective with the right to sign
economic agreements on behalf of the enterprise. Such a lease collective has the
right to open a bank account. The lease collective shall be responsible for the
property assigned to it in the agreement. The enterprise shall bear
responsibility on obligations of the lease collective for missing parts of the
property.
30.6 State
and collective farms and other agricultural entities may contractually grant to
lease collectives the right to independently dispose of the output, and use
incomes raised for the salary and taxes payments, deductions for the State
Budget and social insurance contributions. Such lease collectives have the right
to open bank accounts.
30.7 When
applying a lease contract within a legal entity, the landlord has the right to
provide the tenant with different types of privileges.
Article 31
Rental payment when applying a lease contract within a legal entity
31.1
The amount of the rental payment for land and live-stock shall be
calculated in accordance with the average profit which can be raised using the
land and live-stock, taking into consideration their fertility, quality and
volume of the required output costs. The amount of the rental payment for using
property assigned to the lease collective shall be calculated according to the
clauses of the agreement of the lease sub-contract within a legal entity. In
case prices or economic conditions change, the amount of the rental payment
shall be modified on mutual agreement of the parties.
31.2
If the enterprise insures crops, live-stock or other leased property and
the lease collective does not get the expected volume of production stipulated
in the agreement due to extraordinary circumstances
or other insured cases, the amount of the rental payment shall be
proportionally decreased by the sum of insurance which the enterprise received.
The lease collective with the assent of the enterprise shall have the right to
sign on behalf of the enterprise an insurance contract for crops, live-stock and
other property. In case of natural catastrophes and other extraordinary
circumstances the amount of the rental payment shall not be altered.
Article 32
Incomes of the lease collective
32.1 Incomes of the lease collective are
constituted by the net profit, left
following rental payment, reimbursement of production costs, and other payments
foreseen in the agreement. Remaining incomes
of the lease collective may be fully disposed of by the collective and
may not be subject to withdrawal.
32.2 Procedures
regulating amounts meant for salary remuneration are determined by the working
agreement of the lease sub-contract within the legal entity.
Article 33
Guarantee of the lease collectiveÒs rights
33.1 Withdrawal of property assigned to
the lease collective according to the working agreement is prohibited.
33.2 Modification
or cancellation of the agreement ahead of time is allowed only in case of mutual
assent of the lease collective and the enterprise. In the agricultural sector
alteration or rescinding of a working agreement is allowed only after completion
of the agricultural year with a mandatory notification of the other party no
less than two months before actions are taken.
33.3 Arguments
arising between the enterprise and the lease collective related to execution,
modification or cancellation of the working agreement shall be settled by the
Economic Court.
President of the
Republic of Tajikistan
Mr. K. Mahkamov
No. 184, December 6 1990
Amended in December 6 1996
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