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Ministry of Justice

Republic of Tajikistan

of 21.07.2008 No. 423

Approved by the Order of the Ministry of Finance of the Republic of Tajikistan of July 8, 2008 No. 51

Rules of conducting checks of activities of business entities in the Republic of Tajikistan bodies of the State assay supervision under the Ministry of Finance of the Republic of Tajikistan

These rules are developed according to articles 4 and 13 of the Law of the Republic of Tajikistan "About checks of activities of business entities in the Republic of Tajikistan", and determine procedure for the organization and conducting checks of activities of business entities in the sphere of production, production, conversion, use, storage and accounting of precious metals and gemstones.

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 production, production, conversion, use, storage and accounting of precious metals and gemstones by them.

1.2. The main objectives resolved during conducting check are:

- check of observance by business entity of the legislation in the sphere of production, production, conversion, use, storage and accounting of precious metals and gemstones;

- timely identification, suppression and prevention of violations in the sphere of production, production, conversion, use, storage and accounting of the precious metals and gemstones 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 bodies of the State assay supervision under the Ministry of Finance of the Republic of Tajikistan when implementing checks of activities of business entities shall:

- to be guided strictly by the Constitution of the Republic of Tajikistan, regulatory legal acts of the Republic of Tajikistan, including the Law "About Checks of Activities of Business Entities in the Republic of Tajikistan" and these rules;

- take necessary measures for suppression and the prevention of the facts of the violation of the law, indemnification caused to the state and transfers of materials to bodies inquiry. Prior to check to explain the rights and obligations of the checked business entity, and also the rights and obligations connected about conducting checks;

- not interfere with representatives of business entity to be present when conducting check and to make them explanations on the questions relating to check subject;

- perform in strict accordance with the decision of body of the State assay supervision under the Ministry of Finance of the Republic of Tajikistan about the conducting check according to the procedure provided by the Law "About Checks of Activities of Business Entities in the Republic of Tajikistan" and these rules;

- 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 State assay supervision under the Ministry of Finance of the Republic of Tajikistan have no right:

- check fulfillment of requirements, the bodies of the State assay supervision which are not within the competence under the Ministry of Finance of the Republic of Tajikistan;

- 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 business entities or their representatives;

- require submission of documents, product samples, information if they are not connected with check subject;

- 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.

2. Planning of checks

2.1. The inspections of activities of business entities which are carried out by bodies of the State assay supervision under the Ministry of Finance of the Republic of Tajikistan can be planned and unplanned.

2.2. Checks of objects of business entities are performed according to plans of conducting checks.

2.3. Scheduled inspections of the same business entity can be carried out no more once in two years.

2.4. The analysis of the leading, instructive and other materials relating to questions of technology of conversion or scopes of the precious metals and gemstones concerning field of activity of business entities.

2.5. Taking into account regulatory framework, determination of the main forms of references in which it is planned to obtain from business entity data for the analysis and creation of material balance of precious metals and gemstones. Only the documents necessary for use in the inspection statement shall be requested.

3. Procedure for conducting checks

3.1. Are performed in time, not exceeding five working days according to the List of control questions which sample affirms the Minister of Finance of the Republic of Tajikistan. The business entity has the right previously to request and receive at bodies of the State assay supervision under the Ministry of Finance of the Republic of Tajikistan the copy of the List of control questions on which it is performed.

3.2. Checks are performed by bodies of the State assay supervision under the Ministry of Finance of the Republic of Tajikistan based on the decision approved by the head of the State assay supervision under the Ministry of Finance of the Republic of Tajikistan or the head of territorial subdivision based on the approved plan of checks.

3.3. The decision on conducting check of activities of business entity is constituted in the form established by Appendix No. 1 to these rules and shall contain the following details:

- date and room of registration of the decision in inspection body;

- the name of the inspection body which passed the decision on conducting check;

- full name of the checked legal entity or surname, name, middle name of the individual entrepreneur;

- subject and purpose of check;

- positions, surnames, names, middle names of the checking persons;

- date and duration of conducting check;

- the checked period;

- signature of the head of inspection body;

- seal of inspection body;

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