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Ministry of Justice

Republic of Tajikistan

of September 21, 2007 No. 305

Approved by the Order of the Ministry of Agriculture and Environment of the Republic of Tajikistan of September 13, 2007 No. 1/2083

Rules of conducting checks of activities of business entities in the Republic of Tajikistan the Public breeding service

1. General provisions

1.1. 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 breeding industry.

1.2. The main objectives resolved during conducting check are:

- check of observance by business entity of the legislation in the field of breeding industry;

- 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.

1.3. Officials of the Public breeding service 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, to representatives of business entity to be present when conducting check and to make them explanations on the questions relating to check subject;

- provide quantitative and qualitative content of temporarily withdrawn documents, experimental samples and other materials, and also provide their timely return;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

1.4. When conducting checks officials of the Public breeding service have no right:

- check fulfillment of requirements, not being within the competence of the Public breeding service;

- 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 the Public breeding service can be planned and unplanned.

2.2. Scheduled inspections of the same business entity can be carried out no more once in two years except as specified provided by item 2.4. these rules.

2.3. For objects with the increased risk level no more once in six months can be performed more often than once in two years, but.

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