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Ministry of Justice

Republic of Tajikistan

of 25.07.2008 No. 427

Approved by the Order of the Minister of Transport and Communications of the Republic of Tajikistan of July 24, 2008 No. 29

Rules of conducting checks of activities of business entities of transport

These rules are developed based on article 4 of the Law of the Republic of Tajikistan "About checks of activities of business entities in the Republic of Tajikistan", the Law of the Republic of Tajikistan "About licensing of separate types of activity" and "Provisions on features of licensing of separate types of activity" with I aim providing and observance of regulatory legal acts and determines procedure for the organization and conducting checks of activities of business entities in the field of transport.

1. General provisions

1.1 The following standard rates belong to these rules:

- legal reasonable conducting checks from Public service on supervision and regulations in the field of transport

- power of service employees of body of checks

- procedure for planning and conducting checks

- distribution power relating decision making during checks

- procedure for charge and collection of penalties

- procedure of interdepartmental consideration of the claim of business entity

- procedure of information exchange and coordination of actions with other inspection bodies

Public service on supervision and regulations in the field of transport as body of licensing in frame of competence has the right will check licensing activities feature belonging to requirements and conditions of the license. Are performed by the established legislations of the Republic of Tajikistan and check of separate types of activity which have the license to be spent no more once two years

1.2. The main objectives resolved during conducting check are:

- check of compliance with law in the field of transport from licensing;

- timely identification, suppression and prevention of offenses to requirements of the rules of transport 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. Service employees of licensed body 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, 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 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 licensing on 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;

- 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 service employees of Public service on supervision and regulations in the field of transport have no right:

- check fulfillment of requirements, not being within the competence of Public service on supervision and regulations in the area transport;

- 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 service employees 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;

- 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

Checks of activities of legal entities (the organization, organizations, societies) and individual entrepreneurs who carry out activities of licensing in the field of transport and road economy (for exceptions of activities of the vehicle) and in organizations, the organizations and societies of carriers, passenger and freight terminals, transport parking, the companies and service station and repair of vehicles, the organizations and the companies which are carrying out road activities and during conducting checks from body of licensing license availability, observance of requirements and conditions of licensing from the licensee according to the List of control questions which is approved by the order of the Minister of Transport and Communications of the Republic of Tajikistan is checked.

3. Procedure for conducting checks

3.1. Are performed in time, not exceeding five working days according to the List of control questions. The business entity has the right previously to request and receive at Public service on supervision and regulations in the field of transport the copy of the List of control questions on which it is performed.

3.2. Checks are performed by Public service on supervision and regulations in the field of transport based on the decision approved by the Chief of Civil service based on the approved plan of checks.

3.3. The basis for conducting checks is the decision which to contain the following details:

- date and room of registration of an award in licensed body;

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

- full name of the licensee;

- license number;

- features of activities on which for them the license is granted;

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

- the checked period.

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