PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of June 17, 1996 No. 463

About streamlining of the state control of productive and financial and credit activity, service industry and prohibition of unreasonable checks

In recent years from organizations, the companies, the organizations and the citizens who are engaged in economic activity large number of claims and addresses about unreasonable conducting checks arrives. In many cases conducting such checks by officials of state control bodies carries the purpose of illegal enrichment and, in general, creates subjective difficulties to republic exit from economic crisis.

The mechanism of the state control which remained in inheritance from the former USSR does not meet the modern requirements and creates conditions for office abuses when conducting checks that causes fair discontent of citizens.

Creation and development in the republic of the new economic relations requires change of rules of implementation of the state control of the production, serving and financial and credit activities, irrespective of pattern of ownership and organization-legal subordination, and its regulation according to the new legislation.

For the purpose of use of the mechanism of the state control corresponding to the present level of the economic relations, elections of the most acceptable means of such mechanism, the prevention of cases of negative impact on development of the market relations I decide protection of legitimate interests of citizens and legal entities:

1. Forbid unreasonable checks of the production, serving and financial and credit activities of organizations, companies, organizations and citizens.

2. Consider expedient regulation of checks of the production, serving and financial and credit activities of organizations, companies, organizations and citizens, except the cases connected with the investigation of criminal case in the following procedure:

* in case of receipt in bodies of prosecutor's office and police of not anonymous statements, claims, messages on availability of the facts of criminal nature in economic activity of organizations, companies and organizatsiynapravlyat on execution the reasoned decision of the Attorney-General of the Azerbaijan Republic (his corresponding industry deputy) accepted by it on own initiative or on representation of the subordinate prosecutor or the decision of the Minister of Internal Affairs of the republic (his corresponding industry deputy) on conducting check at the company in organization or the organization in the Central bank of the Azerbaijan Republic, the Ministry of Finance of the Azerbaijan Republic and the Ministry of taxes;

* to carry out checks by bodies of prosecutor's office, police and homeland security of the production, serving and financial and credit activities of organizations, companies, organizations and citizens only in cases if as a result of the inspections which are carried out by the Central bank, the Ministry of Finance or the Ministry of taxes found the facts of criminal nature;

* if in case of identification of the facts with signs of economic crimes the solution of the specific questions provided by decrees, orders of the President of the Azerbaijan Republic, resolutions of the Cabinet of Ministers of the Azerbaijan Republic causes the necessity of carrying out at the companies, in organizations and the organizations of urgent checks, audit, inventory count by specialists, to carry out them based on reasoned decision of the Attorney-General, his corresponding industry deputies or the Minister of Internal Affairs and his corresponding industry deputy, the minister of homeland security with participation of specialists of the Central bank, Ministry of Finance, Ministry of taxes and auditing service.

3. Determine that at the initiative of bank bodies and bodies of managerial supervision and local executive bodies of check, audit and inventory count are not carried out. To the Cabinet of Ministers of the Azerbaijan Republic within one month to prepare and approve Regulations on rules of implementation of managerial supervision.

4. To the Ministry of Finance of the Azerbaijan Republic, the Ministry of taxes, the Central bank for the purpose of non-admission of violations of the law in case of execution of the obligations assigned to them:

* provide reorganization of the relevant services of checks and control, completing by their highly qualified specialists and within three months to report about it in the Cabinet of Ministers of the Azerbaijan Republic;

* performed times in three months to inform Executive office of the President of the Azerbaijan Republic on quantity and results;

* interact in case of accomplishment of the tasks established by this Decree.

5. Charge to the working group of the commission on legal reform in case of the President of the Azerbaijan Republic within three months to prepare and provide to the President of the Azerbaijan Republic the bills providing conducting checks on the commonly modern accepted principles.

6. For the purpose of prevention during checks of abuses of the rights mentioned in this Decree by state bodies, protection of legitimate rights and interests of citizens and legal entities to charge to heads of Executive office of the President of the Azerbaijan Republic to prepare and provide within one month to the President of the Azerbaijan Republic the offers.

7. This Decree becomes effective from the moment of its signing.

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