“We do not have to register all our instructions with the Ministry of Justice,” an official with Antimonopoly Agency under the Government of Tajikistan told Asia-Plus in an interview.  

“Registration of instructions with the Ministry of Justice is not compulsory.  We just register some standard acts with the Ministry of Justice,” he said, noting that the Ministry of Justice has no complaints about the Antimonopoly Agency.

According to him, they have not received any letter from the Ministry of Justice.  

He further noted that the instruction on raising mobile Internet prices had taken effect and mobile operators must execute it.  

Recall, answering a letter by Ghafour Erkayev, the head of the Association of Mobile Operators of Tajikistan, the Ministry of Justice noted that the Antimonopoly Agency’s instruction to allow the communications service agency to raise mobile Internet prices is legally unfounded. 

An official reply to Erkayev’s letter signed by the Frist Deputy Minister of Justice, A. Kholiqzoda, in particular, notes that the Antimonopoly Agency’s instruction has not been placed on the Justice Ministry’s registry, and therefore, it cannot serve as foundation for regulation of prices of mobile communications services. 

In accordance with Article 89 of the Law of the Republic of Tajikistan on Standard, the Ministry of Justice checks compliance of standard acts of the ministries, committees and agencies with the country’s legislation.

The Law on Standard Acts, in particular, stipulates that legal acts that did not undergo state registration in compliance with the country’s legislation cannot serve as foundation for regulation of appropriate legal relations and application of sanctions for nonfulfillment of instructions contained therein.   

So, it turns out that the Antimonopoly Agency’s instruction cannot serve as foundation for regulation of prices of mobile communications services. 

The Antimonopoly Agency announced on March 4 that as of March 27, mobile telecommunication services providers will be able to sell online data for no less than 0.05 somoni per megabyte and the price for one minute of mobile international call, including NGN communications, will amount to no less than 1.00 somoni (taxes not included).

The March 4 order was justified by a curious interpretation of the law of supply and demand.  Rajabali Mahsiddinov, an official with the Antimonopoly Agency, noted that mobile operators would now be in a position to provide better online speeds.

According to him, they commit to increase the Interne speed from 512 megabyte per second to 1,024 megabyte per second.

“Besides, mobile operators should provide 4G and LTE communications in the whole territory of the country,” Mahsiddinov said.