LAW OF THE REPUBLIC OF TAJIKISTAN

of February 21, 2018 No. 1505

About the moratorium on checks of activities of subjects of entrepreneurship in production spheres

Accepted by the Resolution MH MOPT of February 7, 2018, No. 994

Approved by the Resolution MM MORT of February 16, 2018, No. 507

This Law determines the legal basis of application of the moratorium on checks of activities of subjects of entrepreneurship in production spheres, establishes procedure for application of the moratorium and protects legitimate rights and interests of citizens.

Article 1. Basic concepts

In this Law the following basic concepts are used:

- the moratorium on checks - temporary suspension of certain part of the powers established on the basis of this Law or other regulatory legal acts of the state authorized bodies connected with check of activities of subjects of entrepreneurship in production spheres;

- goods and products - resulting effect of activities of the subjects of entrepreneurship providing it is production consumer or personal requirements;

- the subject of entrepreneurship in the production sphere - the legal entity or the individual entrepreneur who underwent state registration and engaged in production of goods and products;

- check of activities of subjects of entrepreneurship in production spheres - type of activity of the state inspection bodies by all types of checks of activities of subjects of entrepreneurship in production spheres according to requirements of the legislation of the Republic of Tajikistan;

- authorized state body - state body on investments and management of state-owned property, responsible for monitoring of application of the moratorium on checks;

- the period of the moratorium on checks - the term determined by the President of the Republic of Tajikistan in the period of whom checks of subjects of entrepreneurship in the production spheres, except as specified, provided by this Law are forbidden;

- authorized state inspection bodies - the state bodies owning powers on conducting checks of activities of subjects of entrepreneurship according to the legislation of the Republic of Tajikistan.

Article 2. The legislation of the Republic of Tajikistan on the moratorium on checks of activities of subjects of entrepreneurship in production spheres

The legislation of the Republic of Tajikistan on the moratorium on checks of activities of subjects of entrepreneurship in production spheres is based on the Constitution of the Republic of Tajikistan, consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Council on coordination of activities of inspection bodies

Council on coordination of activities of inspection bodies is joint and the permanent body under the Government of the Republic of Tajikistan performing activities according to requirements of article 6 of the Law of the Republic of Tajikistan "About check of business entities".

Article 4. Powers of authorized state body

Is included into power of authorized state body:

- carrying out monitoring of application of the moratorium on checks of activities of subjects of entrepreneurship in production spheres;

- maintaining the register of subjects of entrepreneurship in production spheres.

Article 5. Compliance of legal entities and individual entrepreneurs to subjects of entrepreneurship in production spheres

1. The body of the state statistics represents the list of the legal entities and individual entrepreneurs submitting the statistic report about production to council on coordination of activities of inspection bodies.

2. Council on coordination of activities of inspection bodies considers the provided list and makes the decision on inclusion of legal entities and individual entrepreneurs in the register of subjects of entrepreneurship in production spheres.

3. The subject of entrepreneurship in the production sphere based on the decision of council on coordination of activities of inspection bodies joins in the register of subjects of entrepreneurship in production spheres authorized state body no later than 3 working days from the date of decision making.

4. The form and procedure for maintaining the register of business entities affirm as production spheres council on coordination of activities of inspection bodies.

Article 6. Exceptions in application of the moratorium on checks of activities of subjects of entrepreneurship in production spheres

1. Check of activities of subjects of entrepreneurship in production spheres on fulfillment of requirements of regulatory legal acts of the Republic of Tajikistan, irrespective of provisions of article 7 of this Law, is appointed and carried out after the notification of council on coordination of activities of inspection bodies in the following cases:

- if or in authorized state inspection bodies from physical persons or legal entities (consumers of goods and products) the written application about violation of their rights to implementation of activities of subjects of entrepreneurship in production spheres arrived, check is performed within this address;

- if check is connected with quality assurance and safety of foodstuff, and also production of medical supplies;

- based on the statement of subjects of entrepreneurship in production spheres in case of the termination of their activities;

- according to requirements of part 6 of article 28 of the Tax Code of the Republic of Tajikistan.

2. The inspections which are carried out according to part of 1 this Article are registered in the book of registration of checks according to the procedure, established by the legislation of the Republic of Tajikistan.

Article 7. Suspension of action of provisions of regulatory legal acts of the Republic of Tajikistan

1. Provisions of the legislation of the Republic of Tajikistan concerning checks of activities of subjects of entrepreneurship in production spheres are suspended during application of the moratorium on checks, except as specified, provided by part 1 of article 6 of this Law:

- Tax code of the Republic of Tajikistan;

- Forest code of the Republic of Tajikistan;

- Customs code of the Republic of Tajikistan;

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