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The document ceased to be valid since  February 21, 2019 according to Article 9 (1) the Law of the Republic of Tajikistan of  February 21, 2019 No. 1505

It is registered

Ministry of Justice

Republic of Tajikistan 

 On July 5, 2012 No. 440

LAW OF THE REPUBLIC OF TAJIKISTAN

of July 3, 2012 No. 859

About the moratorium on checks of activities of subjects of entrepreneurship in spheres of production

(as amended of the Law of the Republic of Tajikistan of 18.03.2015 No. 1192)

This Law determines the legal basis of implementation of the moratorium on checks of activities of subjects of entrepreneurship in spheres of production which create the new companies for production of goods and products and (or) at least than a half of production attract the new equipment and technology for expansion, establishes procedure for implementation of the moratorium, provides protection of legitimate rights and interests of the population.

Article 1. Basic concepts

In this Law the following basic concepts are used:

- the moratorium on checks - temporary suspension of certain part of powers of the state authorized inspection bodies established by this Law or other regulatory legal acts on conducting checks of activities of subjects of entrepreneurship in spheres of production which create the new companies for production of goods and produktion and (or) at least than a half of production attract the new equipment and technology for expansion;

- production enterprise - the legal entity and the individual entrepreneur created and acting in different organizationally - legal forms, occupied with production of goods, the equipment and products of national consumption and performing entrepreneurship in this direction as the subject of small, medium and big business;

- goods and products - the final result of activities of subjects of entrepreneurship providing requirements of productive or private consumption;

- the new company for production of goods and products - the legal entity and the individual entrepreneur created in different organizationally - legal forms in the period of the moratorium on checks which activities are directed to production of goods and products;

- checks of activities of subjects of entrepreneurship in spheres of production - type of activity of inspection body by all types of check of activities of business entity according to requirements of the legislation;

- the certificate of the subject of entrepreneurship in the field of production - the document, confirmatory that the legal entity and the business owner are subject of entrepreneurship in the field of production, is issued based on this Law by authorized state body;;

- authorized state body - state body on investments and management of state-owned property which is responsible for implementation of the moratorium on checks;

- the period of the moratorium on checks - the term determined by the President of the Republic of Tajikistan during whom checks of subjects of entrepreneurship in the spheres of production, except as specified, provided by this Law are prohibited;

- routine inspection - the research and the analysis of condition of compliance with laws and other regulatory legal acts of the Republic of Tajikistan in activities of subjects of entrepreneurship in the field of production which are carried out by authorized state inspection bodies in the period of the moratorium on checks;

- authorized state inspection bodies - tax, customs authority and authorized state bodies which list is determined regarding 1 article 7 of the Law of the Republic of Tajikistan "About check of activities of economic subjects in the Republic of Tajikistan".

Article 2. The legislation of the Republic of Tajikistan on the moratorium on checks of activities of subjects of entrepreneurship in spheres of production

The legislation of the Republic of Tajikistan on the moratorium on checks of activities of subjects of entrepreneurship in spheres of production 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. State commission on implementation of the moratorium in spheres of production

1. State commission on implementation of the moratorium on checks of activities of subjects of entrepreneurship in spheres of production (further - State commission on implementation of the moratorium) acts on the permanent basis and consists of representatives of authorized state bodies in spheres of justice, finance, economic development and trade, the industry and new technologies, investments and management of state-owned property, taxes, customs, certification, the state financial control and fight against corruption and representatives of private sector, and is created by the Government of the Republic of Tajikistan during operation of the moratorium on checks.

2. Structure of State commission on implementation of the moratorium and its Provision affirm the Government of the Republic of Tajikistan.

Article 4. Powers of authorized state body

Treat powers of authorized state body:

- monitoring of implementation of the moratorium on checks of activities of subjects of entrepreneurship in spheres of production;

- issue of the certificate of the subject of entrepreneurship in the field of production to subjects of entrepreneurship in the field of production;

- creation of the list of subjects of entrepreneurship in spheres of production.

Article 5. Compliance of legal entities and individual entrepreneurs with subjects of entrepreneurship in spheres of production

1. Legal entities and individual entrepreneurs for receipt of the certificate of the subject of entrepreneurship in production industry can file in State commission on implementation of the moratorium the written application and appendix of supporting documents. The list of these documents affirms State commission on implementation of the moratorium.

2. State commission on implementation of the moratorium determines compliance of legal entities and individual entrepreneurs with new subjects of entrepreneurship in the field of production by the following criteria:

- production of goods and products intended for productive or private consumption;

- material logistics of production of goods and products;

- attraction of the new equipment and technology for the purpose of ensuring increase in production of goods and products (for the subjects who created the new companies for production of goods and products, or, implemented the new equipment and technologies for expansion of production in production enterprises on half at least).

3. State commission on implementation of the moratorium considers the application in two-month time and makes the decision on issue of the certificate of the subject of entrepreneurship in the field of production.

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