of September 28, 2002 No. 790
About suppression of the interventions interfering development of entrepreneurship
In recent years for the purpose of development of entrepreneurship in the Azerbaijan Republic the special state programs and resolutions directed to elimination of the bureaucratic obstacles and checks preventing business activity are adopted other measures are performed. Among them specific place is held by presidential decrees of the Azerbaijan Republic "About streamlining of the state control of the production, serving, financial and credit activities and prohibition of unreasonable checks" of June 17, 1996 No. 463 and "About elimination of artificial obstacles in the field of enhancement of system of the state control and development of entrepreneurship" of January 7, 1999 No. 69, "The program of government assistance to small and medium business in the Azerbaijan Republic (1997-2000)", approved by the Presidential decree of the Azerbaijan Republic of June 24, 1997 No. 610). As the result of these died, and also the performed economic reforms, now in the country 71 percent of production of the gross domestic product, including 50 percent in the industry, 99 percent in agricultural industry and trade fall to the share of private sector.
At the same time it should be noted that despite the work which is carried out in connection with development of entrepreneurship, number of problems in this area is still eliminated not completely. Work of number of the central, city and district executive bodies performing today state regulation of entrepreneurship cannot be considered as satisfactory. So, separate central and local executive bodies, including tax, customs, law enforcement agencies and bodies of sanitary and epidemiologic service, allow inappropriate interventions in activities of entrepreneurs, carrying out various inspections, make difficulties to their work.
The red tape facts from courts in case of the solution of economic disputes and adoption of biased decisions meet by them. All this causes fair discontent of the people who are engaged in business activity, does not allow them to realize entrepreneurial initiative and most full to use internal potential.
For the purpose of further acceleration of development of entrepreneurship in the country and suppression of the unreasonable interventions interfering it I decide:
1. Liquidate Management on fight against crime in economy of the Ministry of Internal Affairs of the Azerbaijan Republic.
Forbid interventions of law enforcement agencies (except as specified based on resolutions of courts) in activities of subjects of entrepreneurship.
2. To the ministry of taxes of the Azerbaijan Republic:
eliminate the defects allowed in payment of taxes including the facts of preliminary illegal payment of taxes;
not allow conducting tax audits in the terms exceeding stipulated by the legislation and also conducting the checks which are not referred to its powers;
reduce the number of the exit tax audits performed by tax authorities and stop the unreasonable checks duplicating each other;
it is strict to control observance by officials of tax authorities of stipulated by the legislation obligations and to provide elimination of red tape in the field of servicing of taxpayers;
take the adequate measures providing timely and objective consideration of the claims connected with actions (failure to act) of officials of tax authorities;
stop the facts of illegal restriction by tax authorities of activities of business entities, including their transactions according to bank accounts;
provide carrying out work on tax control according to the legislation;
it is permanent to inform the President of the Azerbaijan Republic on accomplishment of measures, the stipulated in Item 2 presents of the Decree.
3. To provide to the State Customs Committee of the Azerbaijan Republic elimination of the facts of illegal intervention of customs authorities in business activity, to enhance their work, to strengthen control concerning smuggling and to inform the President of the Azerbaijan Republic on the carried-out work.
4. Charge to heads of the Ministry of Communications of the Azerbaijan Republic, the Ministry of Health of the Azerbaijan Republic and other relevant central executive bodies to eliminate the illegal inspections which are carried out by these bodies and their structures, and repaired to hindrance entrepreneurship, to take necessary measures for non-admission further of the facts of illegal intervention in activities of entrepreneurs.
5. Charge to chief executives of the cities and areas to liquidate in ten-day time various structures performing control and checking functions of data of bodies (departments, managements, the centers, bureau and so forth) and to inform on it the President of the Azerbaijan Republic.
7. To the Ministry of Internal Affairs of the Azerbaijan Republic to stop inappropriate interventions of the State road traffic police in work of vehicles, to enhance its work, to reduce 15 percent of staff. In a month to provide to the President of the Azerbaijan Republic offers concerning improvement of equipment of roads by the appropriate technical means and strengthening of social protection of staff.
8. Recommend to courts of the Azerbaijan Republic:
provide rule of law in case of adoption of the resolutions connected with resolution of disputes of rather economic and business activity and not allow the red tape facts by consideration of disputes;
in case of acceptance during judicial proceedings of decisions on compensation for the account of state-owned property of the requirement connected with providing obligations of the state companies to legal entities and physical persons not to allow unreasonable alienation of state-owned property by its artificial ruin.
To provide to the state committee on questions of property of the Azerbaijan Republic representation of interests of the state in the lawsuits connected with the state companies.
9. Due to the protection of the rights of entrepreneurs to suggest the Supreme Court of the Azerbaijan Republic to study unfair and in a number of cases the distorting current laws of decision of the courts, to provide their consideration on Disciplinary board of the Supreme Court of the Azerbaijan Republic and to submit within six-months term to the President of the Azerbaijan Republic the relevant information on judges to whom the disciplinary responsibility is applied.
study efficiency of the mechanisms regulating issue central and local executive bodies to different entrepreneurs of certificates, certificates, special permissions and other similar documents and to inform on results of the President of the Azerbaijan Republic;
reduce the number of employees of structural divisions of the Ministry of the taxes of the Azerbaijan Republic which are performing control and checking functions and not meeting the modern requirements by 40 percent, take necessary measures to start activities of training center of the ministry and inform on it the President of the Azerbaijan Republic;
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