Approved by the State company of film video "Tadzhikkino" of May 17, 2006

Procedure about features of licensing and conducting checks of activities of legal entities and physical persons in the field of production of audiovisual means and works

1. General provisions

1.1. This Procedure is developed according to article 17 of the Law of the Republic of Tajikistan "About licensing of separate types of activity" and Chapter 52 of the Provision "About Features of Licensing of Separate Types of Activity" approved by the Order of the Government of the Republic of Tajikistan and aims at establishment of streamlining of implementation of checks of activities of licensees in the territory of the Republic of Tajikistan regarding fulfillment of requirements of regulatory legal acts in the field of production of audio - visual means and works.

1.2. The procedure is applied in full when implementing activities in the sphere of production of audio - visual means and works on any kinds of carriers.

For receipt of the license the application in special form where shall be specified is submitted to the licensing body:

- surname, name, middle name;

- passport data;

- permanent residence;

- kind of activity of the applicant;

- exact address of location of Item;

- in case of receipt of the license the applicant shall undergo instructing about rules of production of audio - visual means and works according to regulatory legal acts of the Republic of Tajikistan.

1.3. During conducting checks availability shall be found out from legal entities and physical persons of licenses of the State company of cinema - video "Tadzhikkino" (further Tadzhikkino) regarding activities in the sphere of production of audio - visual means and works and observance of licensed conditions and requirements by them.

1.4. This Procedure is aimed at providing single approach of Tadzhikkino behind activities in the sphere of production of audio - visual means and works in the Republic of Tajikistan to accomplishment of the functions assigned to it and represents regulatory legal act, held for use specialists when conducting checks.

1.5. This Procedure is developed and is applied based on the current legislation of the Republic of Tajikistan.

1.6. This Procedure establishes procedure for conducting checks of Tadzhikkino during all effective period of the license.

1.7. Checks can be:

- one-time and planned according to the approved plan conducting checks of Tadzhikkino on each type of activity on which the license is granted;

- unplanned (extraordinary) based on orders of Committee on television and broadcasting under the Government of the Republic of Tajikistan, appeals of law enforcement and other regulatory authorities are also carried out only concerning those licensees about which there is information on violations in activities in the sphere of production of audiovisual means of works;

- passers concerning 3 persons if when conducting checks the checking person has need for receipt of the additional information. Counter inspections are carried out based on the separate instruction of Tadzhikkino with participation of competent persons.

2. Obligations and powers of the checking persons

2.1. Specialists when conducting checks of production sites of audiovisual means and works shall;

- explain the rights, obligations and responsibility, and also the rights, obligation and responsibility of the licensee in process and by results of checks;

- observe the Laws and other regulatory legal acts of the Republic of Tajikistan;

- by results of check the statement is drawn up and signed by both parties and it is represented to administration;

- adopt to control of the letter, the statements, claims which resulted from check till 3 days;

2.2. When conducting checks checking the following powers have the right;

- reveal correctness of effective periods of the license;

- reveal compliance to the performed activities to conditions of the granted license;

- not allow activities implementation to legal successors or commercial representatives without renewal of the license according to the current legislation;

- find out compliance of postal and legal addresses, and also bank details of the licensee;

- reveal the technical means and the equipment which do not have certificates of conformity and not last certifications in authorized body on certification of the Republic of Tajikistan;

- estimate quality of audio - visual works;

- control quality and timeliness of consideration of the applications and claims of consumers of audio - visual works;

- control and check timeliness of payment of license fees.

3. Procedures of conducting check

3.1. In the sphere of production of audio - visual means and works are informed on terms of conducting checks of activities just before the beginning of check. For conducting check of Tadzhikkino can request necessary information.

3.2. The specialists of Tadzhikkino responsible for conducting check shall have in case of themselves the official ID and the document with indication of the purpose and review periods signed by the CEO of Tadzhikkino to make the corresponding entry in the Book (Magazine) of registration of checks.

3.3. For conducting check specialists, in case of need with law enforcement agencies have the right of easy access to rooms used for provision of services according to the license.

3.4. For check implementation the checking specialists request the following documents from licensees:

- license "Tadzhikkino";

- specification or delivery note and other documents for acquisitions of audiovisual products;

- in case of identification of abuses of regulations of import to the Republic of Tajikistan and distribution of audiovisual products prohibited by the legislation of the Republic of Tajikistan the relevant document is constituted and goes to relevant organs;

- for the purpose of identification of the forbidden audiovisual products checking have the right selective withdrawal of audiovisual products with creation of the act for determination of content, quality and other parameters.

4. Registration of results of check

4.1. By results of check the statement is drawn up with indication of:

- venues of check and date of creation of the act;

- check type;

- position and First name, middle initial, last name the checking persons;

- full name of the licensee;

- locations of the licensee, and also its license number;

- First name, middle initial, last name the head and officials of the checked Item, licensed requirements and conditions, responsible for observance;

- data on the previous checks and the taken measures for elimination of earlier revealed violations;

- the checked period;

- general information about the documents submitted by the licensee for conducting check;

- the detailed description of violation (in case of identification) with reference to the corresponding norm of regulatory legal act;

- result of check;

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