of July 2, 2013 No. 714-IVQ
On regulation of the inspections which are carried out in the field of entrepreneurship and protection of the rights of entrepreneurs
According to Items 1 and 17 of part I of article 94 of the Constitution of the Azerbaijan Republic, this Law establishes the purposes and the principles, rules of the organization and conducting the inspections which are carried out in the field of entrepreneurship, the right and obligation of inspection bodies, their officials during check, the requirement in connection with protection of the rights and interests of entrepreneurs.
1.1. The concepts used in this Law express the following values:
1.1.1. the inspection which is carried out in the field of entrepreneurship (further – check) - the code of actions for assessment by inspection bodies of execution by entrepreneurs of mandatory requirements to business activity. Check provides possibility of application of measures of responsibility by the received results;
1.1.2. the entrepreneur - legal entities and physical persons which main objective is profit earning from use of property, production and (or) sales of goods, work or rendering services in independent procedure;
1.1.4. checking - the official given authority to perform on the control site for which the inspection body bears responsibility;
1.1.5. scheduled (next) inspection - the inspection which is carried out based on in advance constituted verification plan according to system of the risk assessment and frequency of conducting checks determined by this Law;
1.1.6. unscheduled (extraordinary) inspection - the check performed on the bases specified in article 16 of this Law without the frequency of checks determined by this Law;
1.1.7. risk - probability of causing damage of life or to human health, the environment and valuable interests of the state owing to activities of the entrepreneur;
1.1.8. system of risk assessment - system of application of collection and data analysis, performed for the purpose of planning and the organization of checks from inspection body;
1.1.9. criteria of determination of risk groups - the code of the indicators of quantity and (or) quality connected with features of activities of the entrepreneur and used for reference of entrepreneurs in various risk groups;
1.1.10. the list of questions of check - component of the inspection statement reflecting the detailed list of the mandatory requirements which are subject to execution to the business activity checked from inspection body;
1.1.11. the unified register of data on checks - the unified register of data on the inspections which are carried out in the field of entrepreneurship provided in article 13 of this Law;
1.1.12. direct and considerable threat or significant damage of life or to health of the person, the environment, valuable interests of the state - threat or the damage established by relevant organ of the executive authority.
1.2. Except for the Civil Code of the Azerbaijan Republic if the concepts this in other laws are provided in this Law in other sense, they it is applied in the sense specified in this Law.
2.1. This Law extends to all types of checking actions, including to investigations, inspections, monitorings, observations, the commissions, control, timings, raids, surveys and other similar events held by inspection bodies with departure on places where business activity is performed.
2.2. This Law (except for Articles 3. 2, 7.1-7.3, 7.5-7.10, 8, 11.1, 12, 13 and 34.1, and in relation to checks in connection with implementation of the state control of construction - as well Article 26) does not extend to tax audits, checks in connection with implementation of the state control of the construction and checks which is carried out in the sphere of the financial markets.
2.2-1. This Law does not extend to the inspections which are carried out within criminal prosecution or judicial proceedings.
2.2-2. The inspections which are carried out in the sphere of entrepreneurship in the Alyatsky free economic zone are regulated according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".
2.3. To activities of representatives of the corresponding services of legal entities which are in state-owned property and taking exclusive position in rendering (except for removals of meter readings of electricity, water and gas), in connection with departure on places where business activity is performed, and the requirement of accomplishment of terms of the contract, extend Article 3. 2, 13, 20.1, 20.2 and 34.1 of this Law.
3.1. Are performed only in the cases and procedure provided in this Law.
3.2. The inspections which are carried out with violation of requirements of this Law and other regulatory legal acts adopted on its basis including without registration in the unified register of data on checks, have no legal force. Due to the facts of violation of the laws of the Azerbaijan Republic establishing mandatory requirements to business activity found during such checks, and other regulatory legal acts adopted according to them (further – violation of the law) responsibility measures cannot be applied.
4.1. The purpose of checks consists in ensuring compliance with mandatory requirements by entrepreneurs to business activity, including safety of life or human health, the environment and valuable interests of the state by assistance to entrepreneurs from inspection body in this area.
4.2. Are performed based on the following principles:
4.2.1. legality, justice, objectivity, publicity and reporting;
4.2.2. presumptions of innocence of the entrepreneur;
4.2.3. state registration of checks in the unified register of data;
4.2.4. non-interference to activities of the entrepreneur, untied with check;
4.2.5. check compliance to power of inspection body;
4.2.6. not checkability of the same subject of check from several inspection bodies;
4.2.7. opennesses of regulatory legal acts about the organization and conducting checks and other data for the entrepreneur;
4.2.8. responsibility of inspection body and its officials for damage caused to the entrepreneur owing to violation of requirements of regulatory legal acts during checks;
4.2.9. benefits of prevention of violations of the law over punishment;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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