Accepted April 30, 2002
NKR Law on State Statistics
This Law determines the order of organization of state statistics in the Republic of Nagorno-Karabakh and regulates the relations regarding the obligatory collection, processing, accumulation, summarizing and keeping, as well as the analysis, exchange of statistical data related to the social and economic processes in the Republic, population and spheres of its activities, and the presentation (publication) of statistical information.
Article 1. The State Statistics Legislation
The state statistics legislation is composed of this Law and other relevant legislative acts.
Article 2. The Sphere of Law Activity
This Law is mandatory to all the legal persons, isolated units of foreign legal persons acting in the territory of the Republic of Nagorno-Karabakh , individual entrepreneurs, state bodies and local self-government bodies, state establishments not being the state bodies (hereinafter referred to as the state establishments), as well as to the citizens (providing with statistical information).
Article 3. State Statistics
State Statistics is an activity to be implemented by the state statistics body and its units according to the three-year and annual programs of state statistical work.
Article 4. Principal Tasks of the State Statistics
Principal tasks of the state statistics are as follows:
organization of the statistical informational system on economic and public processes and their results, provision with information to the state bodies and local self-government bodies, legal persons, state establishments and international organizations, as well as the society according to the established order;
provision with unique methodology on statistics appropriate to the standards established by international organizations;
maintenance of the state statistical register;
maintenance of classificators of required technical, economic and social information for organization of statistical work;
systematization of development of document forms being the source of statistical information;
support to state bodies and local government bodies, as well as the organizations mentioned in Program of State Statistical Work in creation of own bases of statistical information with the purpose of comparability of interdepartmental information resources.
Article 5. Requirements to the State Statistics
Requirements to the state statistics are as follows:
objectivity, validity, neutrality of statistics,
reliability, accuracy, comparability in time and space, anonymity of the statistical data,
actuality, stability, integrity of statistical information,
comparability with the international norms and standards,
accordance of the statistical indicators with the international requirements to the national accounts,
periodic publication of summarized statistical data,
accessibility and publicity of the statistical information.
ORGANIZATION OF THE STATE STATISTICS
Article 6. Body Implementing the State Statistics
The state statistics shall be implemented by the body implementing state statistics – National Statistical Service and its territorial and functional units.
The body implementing the state statistics is a body implementing functions aimed at the public interest, that is independent from state and local self-government bodies of the Republic of Nagorno-Karabakh in its activities.
Competence of the body implementing state statistics is established by the law.
Article 7. National Statistical Service
The National Statistical Service (hereinafter referred to as Service) implements the state statistical work and co-ordinates its on the territory of the Republic of Nagorno-Karabakh .
Article 8. Territorial and Functional Units of the Service
The territorial units of the Service are created in accordance with the regional division of the Republic of Nagorno-Karabakh .
To implement the separate functions according to the decision of the State Council on Statistics the functional units can be structured, separate functional authorities submitted to the territorial units of the Service.
The heads of territorial and functional units are nominated and relieved by the President of Service, but staff – by the heads of units.
Article 9. President of Service
The Service is headed by the President, who is appointed for a term of 6 years and relieved by the President of the Republic.
The President of the Service can be appointed the citizen of the Republic of Nagorno-Karabakh having high economic education and work experience in relevant field
The President of the Service can’t hold another state post or implement the other paid work besides scientific, pedagogical and creative.
The President of the Service participates at the meetings of the Government with the right of consultative vote and can express its opinion concerning the issues being under discussion.
The President of the Service:
organizes the implementation of the state statistical work program,
represents the Service in internal and external relations,
implements another authorities established by the law.
The powers of President of the Service can be ahead of time stopped, in case of:
his (her) resignation,
stopped his (her) citizenship of the Republic of Nagorno-Karabakh ,
recognition his (her) incapable or limited capable by the court decision or conviction on sentence entered into validity,
his (her) death.
The deputies of the President are appointed by the State Council on Statistics on proposal of the President of the Service.
Article 10. State Council on Statistics
The supreme body of governance of the Service and its units is State Council on Statistics (hereinafter referred to as "the Council"). The President of the Service holds at the same time the post of the Chairman of the Council.
Council implements the working out of the policy in the domain of state statistics, designing, regulation, organization of the long-term activities, monitor on the implementation of the Program of State Statistical Work, as well as coordination of the administrative statistics in the Republic of Nagorno-Karabakh stipulated by the Program of State Statistical Work.
confirms the draft of tree-year program of state statistical work,
confirms the annual program of state statistical work in a month after the adoption of the State Budget of the Republic of Nagorno-Karabakh ,
confirms the regulations and structure of the Service, its territorial and functional units,
monitors the implementation of the program of state statistical work and confirms the report on implementation of annual program,
adopts the legal acts in the domain of statistics in cases stipulated by the Law,
confirms its internal rules of procedure,
implements other powers stipulated by the Law.
The Council shall be composed of 5 members, which are appointed for a term of 6 years and relieved by the President of the Republic.
The members of the Council can be appointed the citizens of the Republic of Nagorno-Karabakh having high education, for reasons of practical and scientific and educational experience in the following domains:
demography, sociology and public activity,
territorial management and local self-government,
financial and banking,
management of entrepreneurial activity,
In case of opening of the vacant place of the Council member the new appointment is given for the inpassed term of the period of office of the relieved member.
The powers of the Council member can be ahead of time stopped, in case of:
his (her) resignation,
stopped his (her) citizenship of the Republic of Nagorno-Karabakh ,
recognition his (her) incapable or limited capable by the Court decision or conviction on sentence entered into validity,
his (her) inadequate absence during the year on more than half meetings of the Council,
his (her) death.
The meetings of the Council are called by the Chairman of the Council non-rarely than once a month. Special meeting of the Council may be called on demand of no less than three of its members. The meeting of the Council are recorded.
Council has the right to decide, if at the meeting no less than 3 of its members are present. The decision of the Council is considered as adopted, if more than half of Council members have voted for it.
Article 11. State Statistical Work Program
The State Statistical Work Program (hereinafter referred to as Program) is the basis for implementation state statistics on the territory of the Republic of Nagorno-Karabakh .
Program includes statistical information necessary for the observation of the economic, demographic, social and environmental situation in country, taking into account the availability of resources, the burdens on respondents and the cost-effectiveness.
The directions of activity and actions envisaged by the Program should take into account the comparability of country indicators with the international statistical standards, provide with possible stable periodicity of trends from the viewpoint of their revealing during the long term and provide with the proportion of resources foreseen for state statistics on annual basis.
The program is developed based on the study of the demand of statistical information users.
For the determination of directions of the state statistical activity the three-year program is developed, while for the definition of actions providing with realization of these directions – annual program.
The three-year program is adopted by the national Assembly on presentation of the Government.
The three-year program includes the main directions of the state statistical activity in economic, demographic, social and environmental fields of the country. Report on implementation of the three-year program is submitted to the National Assembly before the 1 May of the next year.
The annual program is adopted by the Council on presentation of the President of the Service and published.
The annual program includes:
list of statistical work, terms of their implementation, the coverage, as well as types of observation,
periodicity of the presentation of statistical indicators,
list of surveys that should be implemented by the Service, published statistical handbooks, bulletins and other publications and their periodicity,
list of organizations, state bodies and local self-government and other administrative registers and list of summary statistical information (data), presented by them,
list of statistical information users, composition of information, provided free of charge and order of its presentation.
Article 12. State Statistical Observations
State statistical observations (hereinafter referred to as observations) imply collection of information (data) on phenomenon and processes, taking place in the economy and society, on the basis of primary reporting documentation derived from the statistical information providers or direct inquiry based on the before designed program, methods and forms.
The methods (including the methodology of calculation of indicators), sampling and order of execution of observations (including the order of collection-presentation of information) implemented on the basis of the program are established by the Council.
The observations by forms are implemented through entire, sample surveys, as well as use of collected data (including received from administrative registers).
The observations according to the coverage can be state, branchial, (departmental) and territorial, as well as by separate sectors of the coverage.
Body implementing the state statistics can involve other legal persons, state establishments, as well as citizens in their work while conducting observations on the contract basis.
The provider of statistical information for the conduction of observations foreseen by the Program are obliged to provide necessary data free of charge according to the order established by the Council.
Article 13. Statistical and Information (Administrative) Register
Body implementing the state statistics carries out the statistical internal registers of statistical information providers, which will ensure the accounting of accumulated on it information and unique identification of indicators.
The system of accounting and unique identification operates for the whole period of operation of the given register.
Service creates and maintains business (entrepreneurial) register.
The creation and maintenance of the business-register are implemented on the basis of the state register of legal units. The Business-register is liable to regular update data base of registered in the Republic of Nagorno-Karabakh legal units on their real place of location, main and not main types of activity, number of employees and additional other indicators established by the Council.
State bodies and local self-government, including the Central Bank (hereinafter referred to as bodies implementing administrative statistics), implements branchial (departmental) and local (municipal) accounting (statistics) through the maintenance of administrative registers.
Administrative registers shall include at least the following components:
the necessary indicators included into Program and presented to the Service by the statistical information providers,
the maintenance of the passports of communities, that includes the system of accumulated on a regular basis and kept indicators on population number, sex-age and social composition, cultural, educational and sport complexes (constructions) situated in the community, health, housing communal economy, production infrastructure, budget of the community and other necessary information.
The completeness of the information (data) collected through state statistical and administrative observations composes the unique system of the state statistical information of the Republic of Nagorno-Karabakh .
The methodology and forms of documentation of the administrative information collection foreseen by the Program are established by the Council.
Article 14. Presentation, Use, Publication and Keeping of the State Statistical Information
For the implementation of work foreseen by the Program the state statistical information (data) is collected (presented) through the form of the statistical documents established by the Council.
The statistical information is collected through the following type of statistical documents:
state statistical reports,
other type of documents and information concerning the observations adopted by the Council.
Population Censuses are carried out according to the order established by the Law and other legislative acts.
Forms of documents include the volume of statistical data, addresses and terms of presentation, frame of statistical information providers and other data.
In cases foreseen by the Program the information is presented to the Service in summarized form.
The statistical information (data) should be reliable. The accounting and norms established by laws regulating financial reports and other legislative acts serve the basis for filling in the statistical documents (calculation statistical indicators). In cases foreseen by the laws and other legislative acts the providers of statistical information implement special calculations and corrections, present statistical data (information) according to the established requirements.
Statistical data are considered confidential (hereinafter referred to as statistical confidentiality) if through them it is possible by direct or indirect form to reveal (unify, identify) the provider of statistical information, to obtain individual (personal) information. The data taken from publicly available sources shall not be considered confidential.
The data considered confidential without the agreement of their provider should not be published or by other form disseminated. The agreement should be expressed in written form. In case of legal units the agreement should be done by their executive body or other body having appropriate authorization according to the regulations. Agreement can contain the restrictions concerning the use of data. The provision on non-publication or non-dissemination by other form of the information doesn’t operate in case, when it is the information reflecting natural or other monopoly activity. Non-publication (non-dissemination) of this information will essentially influence on keeping of principles of the statistical information completeness. In such cases the decision on publication (dissemination) is adopted by the Council.
The direct identification of the provider of statistical information is by means of name, address, identification code of classification.
Indirect identification is by means than above-mentioned data.
For scientific research work the data consist of statistical confidentiality in exceptional cases may be used or published by the form and part, that don’t allow the direct identification of individual (personal) data, according to the Council decision.
The reporting or providing of collected information to staff-member of the body, implementing statistics, and to persons, rendering to this body services, is not considered as publication or data distribution, if:
they are necessary for statistical purposes,
these persons abstain from publication of information, containing the statistical confidentiality, trusted them or known related to the work, as well as from their use or publication in own interests or in third persons interests.
The body implementing statistics according to the order established by the Council takes measures for the appropriate protection of information consisting of statistical confidentiality.
The Council determines the forms of publication of the statistical information according to the order established by the Law and other legal acts.
The publications foreseen by the Program are placed in Internet network and open library of the Service.
For the information presented to the users, not included in the list of free users of the statistical information, foreseen by the Program, and information presented to other users out of the information volume presented free of charge by the Program, Service levies the payment, the order of which calculation, pay and use is established by the Government.
Statistical information is considered official if it is published by:
Service or its territorial and functional unit,
other state bodies on the basis of information presented by the body implementing the state statistics.
Besides the body implementing state statistics the bodies implementing administrative statistics can publish departmental and community information mentioned its source.
Order and terms of keeping the state statistical information are determined by the laws.
RIGHTS AND OBLIGATIONS OF THE BODY
IMPLEMENTING THE STATE STATISTICS AND BODIES IMPLEMENTING THE ADMINISTRATIVE STATISTICS
Article 15. Rights of the Body Implementing the State Statistics
Body implementing the state statistics in the framework of its competence has the right:
to receive reliable statistical data from the providers of statistical information according to the order established by the Law and other legal acts;
to receive the required statistical data from the providers of statistical information on a contract basis, including citizens on their social and demographic situation, as well as households;
to prepare and present appropriate conclusions and recommendations based on the analysis of the social, economic and demographic processes;
to explain issues related to use and comments on the statistical information and data;
in order to provide the reliability, completeness of data, information (initial or summarized form) and maintenance of the order of data calculation, to implement the checking by the established order. In case of misrepresentations, it is necessary to instruct to liquidate them and to introduce relevant corrections in the initial and summarized statistical data;
to examine the issues related to the statistics and accounting ;
to present statistical, analytical, informational, publishing and other services foreseen by the regulation on a contract basis outside the program, according to the order determined by law and other legal acts;
to adopt the departmental normative legal acts foreseen by given Law and other legal acts regarding the implementation of statistical work and completion of forms of the documents mentioned in the second part of the 14 Article of given Law;
to conclude the treaties on co-operation with bodies of the other countries implementing statistics and international statistical organizations according to the order determined by Law and other legal acts.
Article 16. Obligations of the Body Implementing the State Statistics
Body implementing the state statistics is obliged:
to organize execution of work foreseen by the Program;
to provide the information related to the economic, social, demographic and environmental situation to the President of the Republic, Government, National Assembly, as well as other state bodies determined by the Program, according to the order foreseen by the Program;
to ensure the accessibility to the summarized state statistical information;
to preserve the principles of anonymity of the collected statistical data;
not to publish and disseminate the initial statistical information;
to present the information available at the databank to the legal person, state establishment or citizen on their apply;
to provide the units presenting the state statistical information with the statistical reporting forms and instructions free of charge, and to inform them on terms, periodicity of submission of the statistical reports as required.
Article 17. Rights of the Bodies Implementing the Administrative Statistics
Bodies implementing the administrative statistics according to the order determined by the laws and other legal acts have the right:
to receive necessary data and information for the maintenance of administrative registers from legal persons, state establishments and individual entrepreneurs;
to publish the results of implemented by them information functions (observation of the administrative character) mentioned the source.
Article 18. Obligations of the Bodies Implementing the Administrative Statistics
Bodies implementing the administrative statistics are obliged to preserve the requirements of the legislation during the implementation of observations and other work.
RIGHTS AND OBLIGATIONS OF THE UNITS PRESENTING THE STATISTICAL INFORMATION
Article 19. Rights of Units Presenting the Statistical Information
The units presenting the state statistical information have the right:
to receive the forms of statistical reports and instructions from the body implementing the state statistics free of charge;
to receive the initial self-related data from the databank of the body implementing the state statistics.
Article 20. Obligations of the Units Presenting the Statistical Information
The units presenting the state statistical information are obliged:
to present the necessary statistical data and information for the implementation of Program according to the established order and terms by the Program;
to execute the instructions related to the state statistics and accounting given by the body implementing statistics.
The units presenting the statistical information complete and present the statistical reports (questionnaire and other) independently, if there is no another order established by the Council.
RESPONSIBILITIES FOR VIOLATION OF THE LAW ON STATE STATISTICS
Article 21. Responsibilities of the Units Presenting the Statistical Information and Officials of the Body Implementing the State Statistics
The violation of the Law on State Statistics by the units presenting the statistical information, as well as by the officials of the body implementing the state statistics are called to administrative or criminal responsibility according to the order determined by the Law.
In case of non-presentation of the necessary statistical reports for the observations within the determined terms the written notice is given during the 15 days. For delay of presentation of the reports on more than one month from the determined term and non-presentation of the report within the 15 days after the presentation of the written notice or presentation (despite the term) with violation of the determined order (not reliable data, their reflection not in full volume and other misrepresentation) the units presenting the statistical reports are called to responsibility according to the order determined by the Law.
Activities of the officials of the body implementing the State Statistics shall be appealed by order determined by the Law.
The appellation of the activities of the officials of the body implementing the state statistics related to the imposing of administrative penalty is implemented according to the legislation of the Republic of Nagorno-Karabakh on administrative offences.
Article 22. International Treaties
In case the rules determined for the international treaties in the Republic of Nagorno-Karabakh are different from the rules determined by this Law, the rules of international laws are applied.
Article 23. The Entry into Force of the Law
This law comes into force as soon as it is published.
From the moment of the entry into force of the given Law to recognize as loosed the force the Law "On State Statistics" of the Republic of Nagorno-Karabakh , adopted on 19 December, 1996
From the moment of the entry into force of the given Law the Ministry of Statistics, State Register and Analysis is recognized into National Statistical Service, which is becoming of its successor.
The legal acts, regulating the domain of the State Statistics, operate before the adoption by the State Council on Statistics of the appropriate legal acts, determined by the given Law.
June 3, 2002.