LAW OF THE REPUBLIC OF TAJIKISTAN

of June 8, 2022 No. 1874

About the moratorium on checks of activities of subjects of entrepreneurship

Accepted by the Resolution of Majlisi namoyandagon of MORT of April 27, 2022, No. 700

Approved by the Resolution of Majlisi milli of MORT of May 30, 2022, No. 273

This Law determines the legal basis of application of the moratorium on checks of activities of subjects of entrepreneurship, 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:

1) 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 authorized state inspection bodies connected with check of activities of subjects of entrepreneurship;

2) subjects of entrepreneurship - the physical persons and legal entities which underwent state registration according to provisions of the legislation of the Republic of Tajikistan;

3) checks of activities of subjects of entrepreneurship - type of activity of state bodies by all types of checks of activities of subjects of entrepreneurship according to requirements of the legislation of the Republic of Tajikistan;

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

5) 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 activities of subjects of entrepreneurship are forbidden;

6) representatives the state checking - bodies the state bodies owning powers on conducting checks of activities of subjects of entrepreneurship according to the legislation of the Republic of Tajikistan;

7) Council for coordination of activities of inspection bodies - the consultative body under the Government of the Republic of Tajikistan providing interaction and coordination of activities of inspection bodies.

Article 2. Legislation of the Republic of Tajikistan on the moratorium on checks of activities of subjects of entrepreneurship

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

Article 3. The powers of authorized state body connected with the moratorium on checks of activities of subjects of entrepreneurship

The authorized state body carries out monitoring of application of the moratorium on checks of activities of subjects of entrepreneurship.

Article 4. Suspension of action of provisions of regulatory legal acts of the Republic of Tajikistan

Provisions of the legislation of the Republic of Tajikistan concerning checks of activities of subjects of entrepreneurship it is suspended during application of the moratorium on checks, except as specified, the stipulated in Article 5 these Laws.

Article 5. Exceptions in application of the moratorium on checks of activities of subjects of entrepreneurship

1. Check of activities of subjects of entrepreneurship for fulfillment of requirements of regulatory legal acts of the Republic of Tajikistan, irrespective of provisions of article 4 of this Law, is appointed and carried out after the notification of Council for coordination of activities of inspection bodies in the following cases:

1) if for failure to provide of quality and safety of foodstuff and medicines concerning activities of subjects of entrepreneurship the written application or request from state bodies, physical persons and legal entities (consumers of products) in authorized state inspection bodies arrives, it is performed within the submitted addresses;

2) for the purpose of state regulation of the correct forming and realization of the prices of socially important goods and products;

3) based on the order of the Government of the Republic of Tajikistan;

4) based on the statement of subjects of entrepreneurship in case of reorganization and liquidation;

5) based on official request of law enforcement agencies in the presence of criminal case.

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 6. Dispute resolution

The disputes connected using the moratorium on checks are permitted by Council for coordination of activities of inspection bodies or courts according to the procedure, established by the legislation of the Republic of Tajikistan.

Article 7. Responsibility for non-compliance with requirements of this Law

Physical persons and legal entities are made for non-compliance with requirements of this Law responsible according to the procedure, established by the legislation of the Republic of Tajikistan.

Article 8. About recognition voided the Law of the Republic of Tajikistan "About the moratorium on checks of activities of subjects of entrepreneurship in spheres of production"

Declare invalid the Law of the Republic of Tajikistan "About the moratorium on checks of activities of subjects of entrepreneurship in production spheres" of February 21, 2018 (Akhbori of Majlisi Oli of the Republic of Tajikistan, 2018, No. 2, Art. 64; 2019, Art. No. 4-5, 229).

Article 9. Procedure for enforcement of this Law

Enact this Law after its official publication.

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