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Ministry of Justice

Republic of Tajikistan

of 04.06.2008 No. 396

Approved as the Director of the Agency of nuclear and radiation safety under Academy of Sciences of the Republic of Tajikistan of May 21, 2008

Rules of conducting checks of activities of business entities in the Republic of Tajikistan the Agency on nuclear and radiation safety

1. General provisions

1.2. These rules are obligatory for all inspection bodies, authorized to perform checks of activities of business entities regarding observance of requirements of the legislation by them in the field of ensuring radiation safety.

1.3. The main objectives resolved during conducting check are:

- check of observance by business entity of the legislation in the field of ensuring radiation safety;

- timely identification, suppression and prevention of the offenses doing harm to economic interests of the Republic of Tajikistan, to the rights and legitimate interests of citizens, establishment of the reasons and conditions promoting their making;

- taking measures to compensation of damage suffered.

1.4. Officials the Agency on nuclear and radiation safety of academy of Sciences of the Republic of Tajikistan (Further the Agencies) when implementing checks of activities of business entities shall:

- take necessary measures for suppression and the prevention of the facts of the violation of the law, indemnification caused to the state, accountability of perpetrators, application of stipulated by the legislation sanctions.

- prior to check to explain the rights and obligations of the checked business entity, and also the rights and obligations connected with conducting checks;

- not interfere with representatives of business entity to be present when conducting check and to make them explanations on the questions relating to check subject;

- perform in strict accordance with the decision the agency the conducting check according to the procedure provided by the Law "About Checks of Activities of Business Entities in the Republic of Tajikistan" and these rules;

- provide quantitative and qualitative content of temporarily withdrawn documents, experimental samples and other materials, and also provide their timely return;

- explain to business entity subject and essence of the revealed shortcomings and measures for their elimination, not to allow their concealment;

- not create obstacle for functioning of business entities;

- not take out the checked documents out of limits of business entities;

- issue to the checked business entities legal and reasonable instructions, obligatory for execution, about elimination of the revealed violations;

- provide observance of the state, commercial and protected by the law other secret.

1.5. When conducting checks officials of the Agency have no right:

- check fulfillment of requirements, not being within the competence of the Agency;

- perform without delivery to business entity of the decision on conducting check and without entering of the corresponding data into the Book of registration of checks of business entity, and also in absence of officials or employees of the checked business entities or their representatives;

- require submission of documents, product samples, information if they are not connected with check subject, and also to withdraw originals of the documents relating to check subject;

- require models of tests of products for researches (testing) without availability of the basis and creation of the act of sampling;

- exceed fixed terms of conducting checks.

- levy in cash form the payments provided by the law, including penalties, percent from business entities;

- use the fact of availability of shortcomings of quality of the basis for intervention or restriction of activities of business entities;

- perform the actions interfering continuous production business activity of business entities.

2. Planning of checks

2.1. The inspections of activities of business entities which are carried out by the Agency can be planned and unplanned.

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