LAW OF THE REPUBLIC OF TAJIKISTAN ON MAINTENANCE OF UNIFORMITY OF MEASUREMENTS

(In edition of Law RТ on May 3, 2002 N 23, 30.07.2007. № 321)

The present Law establishes legal bases of maintenance of unity of measurements in Republic Tajikistan, regulates relations of the state controls of the Republic of Tajikistanwith legal and physical persons concerning manufacturing, release, operation, repair, sale and import of measuring apparatuses and is directed on protection of the rights and legitimate interests of the citizens, the established law and order and economy of the Republic of Tajikistan against negative consequences of doubtful results of measurements.

SECTION 1. GENERAL PROVISIONS

Article 1. The basic concepts

For the present Law following basic concepts are applied:

Unity of measurements - a condition of measurements at which their results are expressed in legalised units of sizes and the error of measurements does not leave for the established borders with the set probability;

Gauge - the technical device intended for measurements;

The standard of unit of size - the measuring apparatus intended for reproduction and storage of units of size for the purpose of transfer of its size to other measuring apparatuses of the given size;

State unit stage величиныэталон the size units, recognised as the decision of the representative on that of the state body as initial in the Republic of Tajikistan territory;

Standard documents on maintenance of unity of measurements - state standards applied when due hereunder, the international (regional) standards, rules, positions, instructions and recommendations;

Metrological service - set of subjects of activity and kinds of the works directed on maintenance of unity of measurements;

The metrological control and надзордеятельность, carried out by body of the state metrological service (the state metrological control and supervision) or metrological service of the legal person with a view of check of observance of the established metrological rules and norms;

Check of gauges - set of the operations which are carried out by bodies of the state metrological service (other representatives on that bodies, the organisations) for the purpose of definition and acknowledgement of conformity of measuring apparatuses to the established technical requirements (in edition of Law RТ from 30.07.2007. № 321);

Measuring apparatus calibration - set of the operation, carried out for the purpose of definition and acknowledgement of the valid values of metrological characteristics and (or) suitability to application of the measuring apparatus which are not subject to the state metrological control and supervision;

The certificate on the statement of types of measuring apparatuses - the document which is given out by the representative on those by the state body, certifying, that the given type of measuring apparatuses is confirmed in an order provided by the current legislation, and corresponds to the established requirements;

Accreditation on the right of checking of measuring apparatuses - an official recognition the representative on that to the state bodies of powers on performance of testing works;

The right to manufacturing (repair, sale, hire) measuring apparatuses - the document certifying the right to be engaged by specified kinds of activity, given out legal and to physical persons body of the state metrological service;

The certificate on calibration - the document certifying the fact and results of calibration of measuring apparatuses which stands out to the organisations which are carrying out calibration.

Article 2. Legal bases of maintenance of unity of measurements

Legal bases of maintenance of unity of measurements in The Republic of Tajikistanare defined by the the Republic of TajikistanConstitution, the present Law, other acts of the Republic of Tajikistan, decisions Majlisi Oli of the Republic of Tajikistan , decrees of the President of the Republic of Tajikistan, the the Republic of Tajikistan governmental orders, and also international legal certificates on the given question.

Article 3. International agreements

If the international contract of the Republic of Tajikistan establishes other rules, than what contain in the legislation of the Republic of Tajikistanon maintenance of unity of measurements that are applied rules of the international contract.

Article 4. The Government provided unities measurement

The government activity on maintenance of unity of measurements in the Republic of Tajikistan carries out authorised body of The Republic of Tajikistan(Law RТ on 03.05.2002 N 23).

Competence Таjik-State-Standard concern:

Inter-regional and interbranch coordination of activity on

To maintenance of unity of measurements;

Establishment of rules of creation, the statement, storage and application of standards of units of sizes;

Definition of the general metrological requirements to means, methods and results of measurements;

Realisation of the state metrological control н supervision;

Management of activity of the state metrological service and other metrological services of maintenance of unity of measurements;

Participation in activity of the international organisations concerning maintenance of unity of measurements.

SECTION II. UNITS OF SIZES.MEANS AND TECHNIQUES OF PERFORMANCE OF MEASUREMENTS

Article 5. Units of sizes

In The Republic of Tajikistanare when due hereunder supposed to application of unit of sizes of the International system of units accepted by General conference on measures and scales, recommended by the International organisation in legislative metrology.

Names, designations and rules of a writing of units of sizes, and also rules of their application on the Republic of Tajikistan territory are established by the the Government of the Republic of Tajikistan, except for the cases provided by certificates of the legislation.

The Government of Republic of Tajikistan stand-alone units of sizes can be admitted to application on a level with units of sizes of the International system of units.

Characteristics and parametres of production delivered for export, including measuring apparatuses, can be expressed in terms of the sizes established by the customer.

Article 6. The state standards of units of sizes

The state standards of sizes are used as initial for reproduction and storage of units of sizes for the purpose of transfer of their sizes to all measuring apparatuses of the given sizes in the territory of the Republic of Tajikistan.

Article 7. Measuring apparatuses

Measuring apparatuses are used for definition of the sizes which units are admitted when due hereunder to application in the Republic of Tajikistan, and should correspond to conditions operation and to the established requirements.

Decisions on reference of the technical device to measuring apparatuses and about an establishment of intervals between checkings accepts Tajik-State-standard (in edition of Law RТ on 30.07.2007. № 321).

Article 8. Techniques of performance of measurements

Measurements should be carried out according to the techniques certified when due hereunder.

The order of working out and certification of techniques of performance of measurements is defined Tajik-State-standard.

SECTION III. METROLOGICAL SERVICES

Article 9. Structure of metrological service of the Republic of Tajikistan

The metrological service of the Republic of Tajikistan consists of the state metrological service and metrological services of legal bodies.

Article 10. The state metrological service

The state metrological service headed Tajik-State-standard includes bodies of the state metrological service in (GBAO) Region of Badakhashan, Republic areas, RRS and a city of Dushanbe.

Article 11. Metrological services of legal bodies

The state controls of the Republic of Tajikistan, and also the enterprise, the organisation, the establishments which are legal bodies, create in necessary cases when due hereunder metrological services for performance of works on maintenance of unity and demanded accuracy of measurements and for realisation of the metrological control and supervision.

The rights and duties of metrological services are defined by the position confirmed by bodies of the state metrological service in an order, established by the Government of the Republic of Tajikistan.

SECTION VI. THE STATE METROLOGICAL CONTROL AND SUPERVISION

Article 12. Kinds of the state metrological control and supervision

The state metrological control and supervision is carried out by state metrological services of Tajik-State-standard.

The state metrological control includes:

The statement of type of measuring apparatuses;

Check of measuring apparatuses, including standards;

It is excluded (in edition of Law RТ on 30.07.2007. № 321)

The state supervision is carried out:

Behind release, a condition and application of the measuring apparatuses, the certified techniques of performance of measurements, standards of units of sizes, observance of metrological rules and norms;

Behind quantity of the goods alienated at fulfilment of trading operations;

Behind quantity of the packed up goods in any kind packings at to packaging and sale.

Article 13. Spheres of distribution state метрологического the control and supervision

Standard documents on maintenance of unity of measurements have a binding force in the territory of the Republic of Tajikistan.

The state metrological control and the supervision which is carried out for the purpose of check of observance of metrological rules and norms, extend on; public health services, veterinary science, preservation of the environment, maintenance of safety of work; trading operations and mutual calculations between the buyer and the seller, including on operation with application of slot machines and devices; the state registration operations;

Maintenance of defence of the state;

Geodetic and hydrometeorological works;

Bank, tax and post operations;

The production, delivered under contracts for the state needs according to the The Republic of Tajikistanlegislation;

Tests and quality assurance of production with a view of conformity definition to obligatory requirements of state standards of the Republic of Tajikistan;

Obligatory certification of production and services;

The measurements spent on the instructions of bodies of court, Office of Public Prosecutor, economic court, the state controls of the Republic of Tajikistan;

Registration of national and international sports records.

The Republic of Tajikistan statutory acts the state metrological control and supervision can be extended to other fields of activity.

Article 14. The statement of type of measuring apparatuses

In spheres of distribution of the state metrological control and supervision of gauges are exposed obligatory to tests with the subsequent statement of type of measuring apparatuses.

The decision on the statement of type of means is accepted Тajik-State-Standard and makes sure the certificate on the statement on type of measuring apparatuses. Period of validity of this certificate is established at its delivery Тajik-State-Standard.

The confirmed type of measurements is brought in the State register of measuring apparatuses which conducts Тajik-State-Standard.

Tests of measuring apparatuses for chains of the statement of their type are spent Тajik-State-Standard.

Decision Тajik-State-Standard as the state centres of tests of measuring apparatuses can be accredited and other specialised organisations.

For carrying out of tests samples of measuring apparatuses with corresponding standard and operational documents should be presented in established Тajik-State-Standard an order.

Conformity of measuring apparatuses to the confirmed type in The Republic of Tajikistanterritory is supervised by bodies of the state metrological service on the location of manufacturers or users.

On measuring apparatuses of the confirmed type and on the operational documents accompanying each copy, the sign on the statement of type of measuring apparatuses of the established form is put.

Article 15. Checking of measuring apparatuses (in edition of Law RТ on 30.07.2007г. № 321)

The measuring apparatuses which are subject to the state metrological control and supervision are exposed to checking by bodies of the state metrological service at release from manufacture or repair, at import on import and operation.

Lists of groups of the measuring apparatuses which are subject to checking, and their order of granting affirms Тajik-State-Standard (as edition of Law RТ on 30.07.2007. № 321).

Under permission Тajik-State-Standard the right of checking of measuring apparatuses can be given the accredited metrological services of legal bodies. Activity of these metrological services is carried out according to the current legislation and standard documents on maintenance of unity of measurements.

The accreditation order is defined by theGovernment of The Republic of Tajikistan.

Testing activity of legal bodies is supervised by bodies of the state metrological service on the location of these legal bodies.

Checking of measuring apparatuses is carried out by the physical person certified in quality поверителя by body of the state metrological service (in edition of Law RТ on 30.07.2007г. № 321).

Responsibility for inadequate performance of testing works and non-observance of requirements of corresponding standard documents bears corresponding body of the state metrological service or the legal body which metrological service performs testing works.

In spheres of the state metrological control and supervision legal and the physical persons who are letting out measuring apparatuses from manufacture or repair, importing measuring apparatuses and using them with a view of operation, hire or sale are obliged to give in due time measuring apparatuses in actual fact.

The order of granting of measuring apparatuses is in actual fact established Тajik-State-Standard.

Positive results of checking of measuring apparatuses make sure поверительным a brand or the certificate on checking.

The form поверительного brands and the certificate on checking, a drawing order поверительного brands are established Тajik-State-Standard.

At performance of testing works in territory of separate region with departure to the place of operation of measuring apparatuses the enforcement authority of this area is obliged to render поверителям assistance, including:

To give them corresponding premises;

To provide with their support personnel and transport;

To inform all owners and users of measuring apparatuses on checking time, and also comprehensively to promote in the prompt carrying out of these operations.

Article 16. It is excluded (in edition of Law RТ on 30.07.2007. № 321)

Article 17. The rights and duties of the state inspectors on maintenance of unity of measurements

The state metrological control and supervision is carried out by officials ТаджикГосстандарта - the main state inspectors and the state inspectors on maintenance of unity of measurements of the Republic of Tajikistan.

The state inspectors who are carrying out on top of measuring apparatuses, are subject to certification in quality поверителей.

The state inspectors who are carrying out in corresponding territory the state metrological control and supervision, have the right in established by legislation order, at a business card presentation (in edition of Law RТ on 30.07.2007. № 321):

To visit objects where are maintained, made, under repair, on sale, contain or measuring apparatuses are stored is dependent on subordination and patterns of ownership of these objects;

To check conformity of used units of the sizes admitted to application;

To calibrate measuring apparatuses, to check up their conformity and application conditions, and also conformity to the confirmed type of measuring apparatuses;

To check application of the certified techniques of performance of measurements, a condition of the standards applied to checking of means and рений;

To check quantity of the goods alienated at fulfilment of trading operations.

To select product samples and the goods, and also the packed up goods in packings of any kind for supervision realisation;

To use means and to involve the personnel of object subjected to the metrological control and supervision.

At revealing of infringements of metrological rules and norms the state inspector has the right:

To forbid application and release of measuring apparatuses of not confirmed types or mismatching the confirmed type, and also not attorneys;

To extinguish поверительные brands or to cancel the certificate to checking in cases when the measuring apparatus gives wrong evidences or the intertesting interval is delayed;

If necessary to withdraw a measuring apparatus from operation;

To represent offers on deprivation of licences for manufacturing, repair, sale and hire of measuring apparatuses in cases of infringement of requirements to these kinds of activity;

To give obligatory instructions and to establish terms of elimination of infringements of metrological rules and norms.

Article 18. Responsibility of the state inspectors

The state inspectors who are carrying out the state control and supervision, are obliged to observe strictly to the legislation of the Republic of Tajikistan, and also positions of standard documents on maintenance of unity of measurements and the state meteorological control and supervision.

For default or inadequate performance of official duties, excess of powers and for other infringements, including disclosure state or a trade secret, the state inspectors are made answerable according to the legislation of the Republic of Tajikistan (in edition of Law RТ on 30.07.2007. № 321).

Complaints to actions of the state inspectors move in 20 days term from the date of acceptance of decisions by them in that body of the state metrological service to which they are directly subordinated in a higher body. Complaints are considered also decisions on them are accepted in a month from the date of complaint giving. Actions of the state inspectors can be when due hereunder appealed against in court. The appeal of actions of the state inspectors does not stop realisation of their instructions.

Article 19. Assistance to the state inspector

Legal and physical persons are obliged to assist the state inspector in performance of the duties assigned to it the Persons interfering realisation of the state metrological control and supervision, bear responsibility according to the legislation of the Republic of Tajikistan.

Article 19 (1). Check of observance of metrological rules and norms

The state metrological control and supervision of activity of managing subjects, irrespective of their patterns of ownership, is carried out by carrying out of checks of observance of the established metrological rules and norms, according to the Law of the Republic of Tajikistan "On checks of activity of managing subjects in the Republic of Tajikistan".

SECTION V. CALIBRATION AND CERTIFICATION OF MEASURING APPARATUSES

Article 20. Calibration of measuring apparatuses

The measuring apparatuses which are not subject to the state checking, can be exposed to calibration at release from manufacture or repair, at import on import, at operation, hire and sale (in edition of Law of RТ on 30.07.2007. № 321).

Calibration of measuring apparatuses is made by metrological services of legal bodies with use of the standards co-ordinated to the state standards of units of sizes.

Results of calibration of measuring apparatuses make sure калибровочным a sign (brand) put on a measuring apparatus and the certificate on calibration, and also record of operational documents.

On the basis of the contracts concluded with bodies of the state metrological service, interested metrological services of legal bodies can be accredited on the carrying out right калибровочных works.

Article 21. Certification of measuring apparatuses

Voluntary certification of measuring apparatuses is spent according to certificates of the legislation of the Republic of Tajikistan.

SECTION VI.LIABILITY OF INFRINGEMENT OF THE LEGISLATION ON MAINTENANCE UNITIES OF MEASUREMENTS

Article 22. A legislation Liability of infringement

On maintenance of unity of measurements

The persons on guilty of infringement of the legislation on maintenance of unity of measurements, bear responsibility according to the current legislation of the Republic of Tajikistan.

SECTION VII. FINANCING OF WORKS ON UNITY MAINTENANCE MEASUREMENTS

Article 23. Obligatory state financing

To obligatory state financing are subject:

Working out, perfection, storage and application of the state standards of units of sizes and high-precision exemplary measuring apparatuses;

The maintenance, acquisition and working out of the equipment necessary for equipment of bodies of the state metrological service;

Working out confirmed Tajik-State-Standard documents on maintenance of unity of measurements;

Works under the state metrological control and supervision.

By working out of government programs financed in full or in part from means of the budget of the Republic of Tajikistan, including the program of creation and development of manufacture by production defence, sections of metrological maintenance should be provided.

Payment of other metrological works and services is made on the basis of separate contracts.

THE PRESIDENT REPUBLICS TAJIKISTAN

Emomali Rahmon Dushanbe City,on May 15, 1997, № 435