LAW OF THE REPUBLIC OF TAJIKISTAN

of July 21, 2010 No. 631

About internal audit in the organizations of public sector

This Law governs the public relations arising in the course of forming, planning, carrying out internal audit and creation of the audit report in the organizations of public sector.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- internal audit - independent and objective activities for conducting check, assessment and consultation of managerial and other systems which is performed for the purpose of assistance of legal, effective and productive organization activity of public sector;

- the internal auditor - the government employee performing internal audit according to the legislation of the Republic of Tajikistan;

- the audit engagement - specific task for carrying out the overview on audit which contains action for check or consultation;

- the purpose of the audit engagement - creation of the objective and independent conclusion about activities and results of risk management, quality of realization and system effectiveness of financial management and control, compliance with law and plans of the companies, organizations and the organizations;

- types of the audit engagement - audit of system, audit on compliance to the legislation of the Republic of Tajikistan, financial audit, audit of activities and audit of information technologies;

- audit of system - check and assessment of conformity and system effectiveness of financial management and internal control;

- compliance audit to the legislation of the Republic of Tajikistan - check and assessment of conformity of organization activity on compliance with law of the Republic of Tajikistan, regulating field of activity;

- financial audit - the studying and the analysis of the financial reporting and accounting system of object of audit allowing the auditor to provide the conclusion on preparation of the financial statement with observance of requirements of the legislation of the Republic of Tajikistan;

- activities audit - testing and assessment of programs, actions, transactions, and also the structures of system of the organization performed by the subject and object of audit for the purpose of their reduction in compliance with the principles of efficiency, profitability, effectiveness;

- audit of information technologies - the testing and assessment of conformity of information technologies and protection of security system which are carried out for the purpose of ensuring confidentiality, completeness of system, safety and availability of information;

- the organizations of public sector - the companies, organizations and the organizations belonging to state-owned property and financed from the government budget (the main managers, managers and receivers of budgetary funds);

- the consulting help - provision of recommendations, conclusions, opinions, the training and explanations intended to enhance management process and risk control in the organizations of public sector.

Article 2. The legislation of the Republic of Tajikistan on internal audit in the organizations of public sector

The legislation of the Republic of Tajikistan on internal audit in the organizations of public sector is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Coverage and purposes of this Law

1. This Law establishes internal audit functions in the organizations of public sector.

2. The purposes of this Law are:

- determination of the principles of internal audit in the organizations of public sector;

- establishment of the mechanism of implementation of internal audit in the organizations of public sector.

Article 4. The principles and standards of internal audit in the organizations of public sector

Activities of internal audit in the organizations of public sector are performed according to the legislation of the Republic of Tajikistan, international standards of internal audit and are based on the principles of publicity, transparency, legality, systemacity and planned character. Internal auditors perform the activities according to requirements of the Code of professional ethics of auditors, with respect for the principles of independence, and objectivity, competence and proper professionalism, conscientiousness, responsibility and confidentiality.

Article 5. Basic purpose of internal audit in the organizations of public sector

Internal audit assists the organizations of public sector in effective and productive implementation of the functions according to the legislation of the Republic of Tajikistan in the way:

1) Identifications and risks assessments in the organizations of public sector;

2) Estimates of adequacy and efficiency of systems of financial management and control from the point of view of:

- identifications, estimates and risk managements by management of the organizations of public sector;

- compliances with law of the Republic of Tajikistan, execution of contractual and non-contractual commitments;

- reliability and comprehensiveness of socially important information;

- effectiveness, efficiency and profitability;

- ensuring safety of assets and documentation;

- accomplishment of tasks and goal achievement.

3) Developments of recommendations for enhancement of organization activity of public sector, and also implementation of monitoring of their proper execution.

Chapter 2. Internal auditors of the organizations of public sector

Article 6. Requirements for appointment of the internal auditor in the organizations of public sector

1. The citizen of the Republic of Tajikistan having the higher economic or legal education, length of service at least three years in the specialty, and also conforming to the qualification requirements established by regulatory legal acts of the Republic of Tajikistan is appointed to position of the internal auditor in the organizations of public sector.

2. Replacement of vacant position of the internal auditor in the organizations of public sector is carried out according to the procedure, provided by regulatory legal acts of the Republic of Tajikistan.

Article 7. Rights and obligations of internal auditors of the organizations of public sector

1. Internal auditors of the organizations of public sector have the following rights:

- receive and check all necessary documentation and data, and also to request from officials of the main managers, managers and receivers of budgetary funds of explanation, necessary for carrying out audit;

- perform structures and the parties, external in relation to the organizations of public sector which use or dispose of public funds;

- express independent opinion on functioning and efficiency of financial management and internal control system;

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