Law of the Republic of Tajikistan on Veterinary

THE LAW OF THE REPUBLIC OF TAJIKISTAN On Veterinary The present Law defines the general legal, economic, social and organizational bases of veterinary on the territory of the Republic of Tajikistan Article 1. Veterinary Veterinary business is a complex of state, public, economic and special measures which provides for the protect-on of the health of animals, veterinary prosperity of products and raw matenals of .animal origin, as well as decision of veterinary-sanitary problems of environment. The veterinary activity is carried out by the State veterinary service of the Ministry of Agriculture of the Republic of Tajikistan, by veterinary services of other ministries,. departments, institutions, organizations, enterprises and experts, who conduct private veterinary practice. Bodies of State veterinary of the Republic of Tajikistan are the Main Department of Veterinary Management (with State veterinary inspection), at the Ministry of Agriculture, subordination of republican and local institutions and organizations, as well as veterinary service on the state border and for transport. Article 2. Veterinary legislation Veterinary legislation of the Republic of Tajikistan consists of the present Law, the Veterinary Charter of the Republic of Tajikistan, decisions of the Government of the Republic of Tajikistan and normative acts of the Main Department of Veterinary Management at the Ministry of Agriculture. They are compulsory all ministries, departments, enterprises, organizations, institutions related to. branches of agriculture, irrespective of their departmental subordination and forms of ownership, as well as for officials and citizens. 86 Article 3. The basic tasks 0/ the state veterinary The basic tasks of state veterinary are: The prevention and liquidation of infectious diseases of animals (including birds, fur-bearing animals, bees and fish); Implementation of the veterinary-sanitary control for maintaining contents, feeding and exploitation of animals, procurement, processing, storage, use both transportation of production of animal industries and forages, iport and export, as well as transportation of cattle; Conduct of veterinary-sanitary examinations during sell of products of animal industries, apiary, fish and plant products, as well as supervision of conditions of places of trade by them and cattle at markets, fairs and auctions; Organizations and realization of measures on animal protection from infectious diseases as well as any emergency; Study of regularity, of emergence, course and distributions of diseases of animals, drawing up of forecasts of their possible appearance, elaboration of the -plans and systems of prophylaxis and liquidation of infectious diseases of cattle and birds; Introduction in to practice of veterinary-sanitary rules, achievement of a science and advanced experience, management of prophylactic work. Article 4. Organization ofveterinary The veterinary in the Republic of Tajikistan is organized by the Ministry of Agriculture of the Republic of Tajikistan, Management of veterinary and implementation of the present Law, as well as other acts of Taj ikistan on veterinary by the Main Department of Veterinary Management is carried out by the Ministry of Agriculture of Republic of Tajikistanrwith the State Veterinary Inspection). Article 5. The competence of. state veterinary bodies The highest republican body of management in the area of veterinary to the Main Department of Veterinary Management of the Ministry of Agriculture of the Republic of Tajikistanin relation to: Establishment of the basic principles and strategic directions of development of veterinary business in the republic, improvement of its organizational and structural forms; 87 Elaboration and improvement of the nonnative documents, which regulate legal status of a veterinary service; Organization of the elaboration at all republican programs on the prevention of drift and spread of quarantine and especially dangerous infections, systems forecasting, planning and control of any diseases; Providing for uniform policies and actions of the state ve:e ;"-',:r/ service in the directed directions and at emergency situations; Selection nd placement of the chiefs of district, urban and regional veterinary services; Organizatiqn /'f elaboration and approval of the methodical documents on prophylaxis and combating animal disease; Providing for interaction with veterinary services of other ministries lnrl departments with the purpose of organizing a uniform veterinary supervision both realization of preventive and quarantine measures, as well as with bodies of state sanitary inspection in a part of prophylaxis and combating diseases, common for the humans and animals; Issuance of lirpnses to enterprises, organizations. cooperatives, citizens on the right to work in the manufacture, processing, storage and sale of cattle-breeding production; Approving of veterinary requirements (rules) hen designing veterinary objects, cattle-breeding premises, enterprises for proce- mg the products of animal industries; Determination, together with the Academy of Sciences of the Republic of Tajikistan, scientific veterinary institutions and other interested organizations, of priority directions and programs of scientific research in [he sphere of veterinary, programs for preparing veterinary doctors ,ilid increasing of their qualifications; Representing the interests of the republic in the sphere of vete. [;ai) in international organizations and when cooperating with veterinary services of foreign countries. To the competence of regional veterinary bodies of the Republic of f';jji1<i"tan is related: Management of the veterinary service on the territory of region; Maintenance of development of the state veterinary network, strengthening of its material and technical base and organization of implementation of state veterinary supervision: Organization of measures on preverr ion of infectious diseases of anirials, as well as during emergency situations; 88 Providing for the execution of all republican programs of .nimal pr-rection from quarantine and especially dangerous diseases: Elaboration and implementation, together with bodies of the public health scrv ices, measures for prophylaxis and liquidation of the centers of diseases. common to the humans and animals. The competence of regional State Veterinary service includes: Organization and implementation of measures, ensuring the preventio: and liquidation of diseases of animals and manufacture of good quality under veterinary conditions, products and raw materials of animal origin; Protection of the population from diseases , common to human and animals; Liquidation of consequences of emergency situations caused by epizootic, natural and environmental disasters ; Presentation to bodies of authority for establishment and cancellation of quarantine or special modes of conduct of economic activi y directed at combating infectious illnesses of animals; Implementation of state supervision over the veterinary-sanitar y condition of places of the maintenance of cattle, cattle drive roads, enterprises for processing of cattle-breeding production, as well as for the transportation of animals, cattle-breeding production and feeds; Implementation of control for observing veterinary requirements (rules) when designing and building veterinary objects, cattle-breeding facilities and enterprises for processing of production of animal industries. Article 6. The right on private veterinary practice The rigi» ," nrivate veterinary practice is given to the persons having high or secondary vetrrinary education , who have received a license (certificate) in regional (city) stations for combating diseases of animals. Article 7. Social protection of the veter i: experts The experts of a state veterinary network are pro . " d with appropriate industrial and housing conditions, medical services, legislation of the Republic of Tajikistan on labour, social security and social insurance is applied to them. 89 Article 8. Bodies ofstate veterinary supervision (inspection) The Main Department of Veterinary Management (with State Veterinary Inspection) at the Ministry of Agriculture acts simultaneously as the body of state veterinary supervision of the Republic of Tajikistan. The system of uniform state veterinary supervision in the republic consists of state veterinary inspections of the republic, Mountain-Badakhshan Autonomous Region, regions, cities, districts and veterinary sites. Regulation on State Veterinary Inspection is approved by the Government of the Republic of Tajikistan. Article 9. The officials, carrying out veterinary supervision The organization and realization of state veterinary supervision is assigned to the following officials: Main state veterinary inspector of the Republic of Tajikistan are simultaneously the Chief of Main Department of Veterinary Management at the Ministry of Agriculture of republic, approved by the Government of the Republic of Taj ikistan; The Main state veterinary inspectors of Mountain-Badakhshan Autonomous Region, regions,' which are simultaneously the chiefs of veterinary departments of regional management of agriculture (of regional agro-industrial associations), nominated by the Main state veterinary inspector of the republic, as agreed to bodies of executive authority (Hukumat) of regions; The main state veterinary inspectors of cities and districts are simultaneously the chiefs of regional (urban) stations on struggle against diseases of animals are nominated by the Main State Veterinary Inspector, as agreed to bodies of executive authority (Hukumat) of regions, cities; The state local veterinary inspectors being simultaneously the managers of state veterinary sites, nominated by the Main State Veterinary Inspector of district as agreed with bodies of the executive authority (Hukumat) of district, city, region; The Main State Veterinary Inspector of city of Dushanbe, being simultaneously the chief of veterinary department of Hukumat of Dushanbe of Majlisi of the people deputies nominated by the Main State Veterinary Inspector of the republic as agreed with bodies of the executive authority (Hukumat) of city of Dushanbe. (Law N2223 from 01.02.96) 90 The Main State Veterinary Inspectors have deputies, who are approved in the order established for the Main State Veterinary Inspectors. The veterinary experts of the state veterinary service of all levels alongside the occupied position simultaneously are the state veterinary inspectors. Article 10. Duties and responsibility ofthe officials, carrying out state veterinary supervision The Main State Veterinary Inspectors and their deputies, the state veterinary inspectors bear responsibility for fulfilling the tasks and duties assigned to them, , correctness of organization and realization of anti epizootic measures and veterinary-sanitary supervision, timely imposition of quarantines during the out break of infectious diseases of animals, for observing the procedure on distributing veterinary certificates, information and other documents on veterinary. The chiefs (managers, director) of state veterinary institutions are responsible for proper management of the activity of veterinary institutions, for safety and rational use of property and other material assets which is under this authority. The veterinary doctors and veterinary medical assistants bear responsibility for organization and realization, (settlements) prophylaxis and veterinary-sanitary measures ensuring the prevention of diseases of animals, in farms served by them. At ascertainment of infectious diseaese of animals they answer for duly realization of safety and medical measures ensuring fastest liquidation of disease. The experts of veterinary laboratories and laboratories of veterinary-sanitary examination in the markets bear responsibility for proper and timely of the conclusions on materials, researched by laboratories. The officials carrying out state veterinary supervision, for non execution of their duties, are attracted to discipline, administrative and criminal liability according to the current legislation of lae Republic of Tajikistan. Complaition the wrongful actions of the officials of state supervision is carried out according to the legislation ofthe Republic of Tajikistan. 91 Article II, The basic guarantees of activity of the persons, carrying out state veterinary supervision The officials of veterinary bodies at Ministry of,' 'riculture of the Republic of Tajikistan, who are carrying out state veterinary supervision, ace independent in their activity and are guided by the veterinary legislation, as well as by current legislation of the Republic of Tajikistan. The influence in any form on the officials, carrying out veterinary supervision, on the part of state bodies, officials, of public organizations and citizens with the purpose of hinder to their lawful activity attracts the responsibility according to the current legislation. The bodies of state authority and management are obliged to render practical assistance to the state veterinary inspectors at the execution of the official duties by them, providing acceptance of the measures, stipulated by the Law, on attraction to the responsibility of the persons, interfering with the execution of the official functions by the state veterinary inspectors. Article J2. Duties of the owners of animals and enterprises on processing ofcattle-breeding production The owners of animals and chiefs of the enterprises on processing of .attie-breeding production (irrespective of forms of ownership) are obliged: To carry out economic and veterinary-sanitary measures ensuring the prevention of occurrence of diseases and destruction of animals, as well as manufacture of good-quality cattle-breeding production; To present on demand of the veterinary experts, animals for survey, diagnostic researches, safety inoculations and medical preventive processing, to create conditions for realization of special measures; Not to make slaughter of animals, with the purpose of the use in food and sales of meat and other products of slaughter without the permission of the veterinary experts, as well as sale of the sick and suspected in disease animals; To coordinate with a veterinary service all moving of animals both inside of farm and out of its territory; In case of sudden disease and unusual behavior of animals immediately isolate them and inform the veterinary service about it; To carry out the instructions of a veterinary service on observance of veterinary-sanitary rules at quarantines of sick or suspected in disease by infectious diseases of animals; 92 To maintain a room and structure for a storage and processing of products and raw material of an animal origin in an appropriate veterinary sanitary condition. Article J3. The responsibility for infringement of .ne veterinary legislation The persons, guilty of violating veterinary legislation, can be disciplined, administrative or criminal liability, according to the current legislation. Article 14. Emergency anti-epizootic commission. For an operative management and coordination of activrty of organizations, enterprises and citizens on the prevention and liquidation of mass diseases and destruction of animals by the Government of the Republic of Tajikistan, bodies of the executive authority (Hukumat) of district, cities, regions form emergency anti-epizootic commissions acting according to authorized on them regulations. Article J5. Quarantine Quarantine is a system of restrictive measures, allowing to prevent the distribution of infectious illnesses. The quarantine is imposed on separate droves, locks, herds, court yards, farms, economies, territory of settlement, districts, cities, regions. The list of infectious diseases of animals, at which the quarantine is imposed, is established by Main Department of Veterinary Management at the Ministry of Agriculture of the Republic of Tajikistan. The imposing of quarantine is carriec out by the decis.ons of Hukumats of district, city, regional Majlises of the people's deputies vr by decrees of the Government of the Republic of Tajikistan after presentation of a territorial body of the state veterinary. Article 16. Structure ofa veterinary service The structure of a veterinary service is formed proeeding from necessity of creation of a veterinary network taking into account features of 93 geography of animal industries, its kinds and industrial structure, distribution of slaughter houses and processing of products of an animal origin. The structure of the government-veterinary service on specific territory is defined by local authorities. At institutions of state veterinary services the formation of cooperative joint-ventures and small enterprises are authorized, joint and small enterprises and other self-supporting associations render veterinary services to enterprises and citizens on a contractual basis. Article 17. Material technical provision, maintenance andfinancing of the veterinary service The material technical provis: In and maintenance of the state veterinary service is carried out at the expense of the state budget and receipts for the contracted work 'according to estimate of special means without change of mutual relation with the budget. Payments to the budget of the state veterinary service are not established. Measures on the prevention of distribution and combating infectious diseases of animals, according to the list approved by Main Department of Veterinary Management of the republic, is carried out at the expense of assignments which are allocated from the state budget. Veterinary assistance which is rendered by the experts of the state veterinary service to cooperatives, leased collectives, rural economies and other owners of animals, as well as .the veterinary measures at slaughter houses, processing, procurement and storage of products and raw material of animal origin (except for measures of the second part of the present Article), carried out with the participation of the state veterinary service, are paid by companies, enterprises, cooperatives, organizations and citizens on a contractual basis according to the tariffs with payment of cost of preparations. Chairman of the Supreme Soviet of the Republic of Tajikistan E.RAHMONOV N2771, June 24,1993, Dushanbe The underlined changes and additions to the present Law are entered in to the Law of the Republic of Tajikistan from February 1, 1996, N2223 accepted at the third session of Majlisi Oli of the Republic of Tajikistan of the first convocation. 94