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Ministry of Justice

Republic of Tajikistan

of 11.02.2008 No. 356

Approved by the Order of the Minister of Education of the Republic of Tajikistan of December 22, 2007 No. 2473

Rules of conducting checks of educational institutions in the Republic of Tajikistan

These rules are developed in compliance with article 4 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 educational institutions in the Republic of Tajikistan.

1. General provisions

1.1. These rules are obligatory for the authorized body performing check of all educational institutions regarding observance of the requirement of regulatory legal acts by them in the field of education and prevention of their violations.

1.2. The authorized body exercising the state control in the territory of the Republic of Tajikistan and check in the field of education is Public service on supervision in the field of education (further Service).

1.3. The main tasks which are resolved during conducting check are:

- check of compliance with law in the field of education.

- 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;

1.4. Officials of Service when implementing checks of activities of educational institutions shall;

- be guided by the Constitution of the Republic of Tajikistan, regulatory legal acts of the Republic of Tajikistan, including the Law of the Republic of Tajikistan "About education", "About licensing of some types of activity", "Provision on features of licensing of some types of activity";

- take measures about tenure or dismissal of violators of the laws existing in the field of education;

- prior to check to explain the rights and obligations of the checked educational institution, and also the rights and obligations connected with conducting checks;

- not interfere with presence of representatives of educational institution to conducting check and explain them the questions relating to check subject;

- perform in strict accordance with the order of the Chief of Service on the conducting check according to the procedure provided by the Law of the Republic of Tajikistan "About licensing of some types of activity", "Provision on features of licensing of some types of activity" and these rules.

- ensure safety of quantity and quality of temporarily withdrawn documents, the studied samples and other materials and their timely return;

- explain to heads of educational institutions subject and essence of the revealed shortcomings, to perform measures for their elimination, not to allow their concealment;

- not create obstacle for functioning of educational institution;

- not take out the checked documents out of limits of educational institution;

- give to the checked educational institutions legal and reasonable instructions for elimination, obligatory for execution, of the revealed shortcomings;

- provide observance of the state, commercial and protected by the law other secret.

1.5. When conducting checks officials of Service have no right:

- check fulfillment of requirements, not being within the competence of Service;

- perform without delivery to the head of educational institution of the order on conducting check, without entering of the corresponding data into "The book of registration of checks of educational institution", and also in absence of officials or employees of the checked educational institutions, or their representatives;

- require submission of documents, information which are not connected with check subject and also to withdraw originals of the documents relating to check subject;

- explain to heads of educational institutions, subject and essence of the revealed shortcomings to perform measures for their liquidation not to allow their concealment;

- exceed fixed terms of conducting checks.

- use the fact of availability of shortcomings of quality of the basis of restriction of activities of educational institution;

- perform the actions interfering continuous educational activities.

2. Planning of checks

2.1. Checks of activities of educational institutions it is performed according to the work plan of Service. The work plan of Service affirms the Minister of Education of the Republic of Tajikistan.

2.2. Educational institutions which have important nation-wide value can be under constant control;

2.3. The service performs educational institutions, only in the presence of data which belong to the sphere of its activities for the state supervision in the field of education or plans them at the request of educational institutions;

3. Procedure for conducting checks

3.1. Checks are held according to the work plan Services. Educational institutions have the right previously to request the list of control questions on which it is performed from Service.

3.2. Checks are performed by Service based on the order of the Chief of Service or person replacing it.

3.3. In the order on conducting check of educational institution the following indicators shall be accurately specified;

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

- the name of body, the published order on conducting check;

- the complete name of the checked legal entity;

- subject and purpose of check;

- position, surname, name and middle name of the checking persons;

- date and duration of conducting checks;

- review period;

- signature of the head of inspection body;

- seal of inspection body;

3.4. The service notifies educational organizations on the forthcoming check three days before the beginning of check;

3.5. If the educational institution on reasonable excuse cannot provide the beginning of check in the day and time established in the notification, then it in writing notifies Service on it no later than two days prior to check. Check can be postponed for later date, but no later than five working days after receipt of the notification.

3.6. Before check the official of Service shows to the head of the checked educational institution the official ID and hands it the order on conducting check. On the copy of the order the seal and the signature of the head of educational institution is appended. The refusal of the head of educational institution of receipt of the order cannot interfere with the beginning of check.

3.7. The officials of Service performing check shall, at the request of educational institution, at the time of delivery of the order on conducting check previously hand to educational institution the copy of the List of control questions on which it is performed.

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