LAW OF THE AZERBAIJAN REPUBLIC

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.

Part 1. General provisions

Article 1. Basic concepts

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;

1.1.2-1. object of check - for the purposes of checks, depending on the direction of control, are:

1.1.2-1.1. activities of the entrepreneur for delivery of goods, performance of works and rendering services for which mandatory requirements are determined;

1.1.2-1.2. the property (including the site, floor space) belonging to the entrepreneur on the property right and on other legal cause and concerning which mandatory requirements in connection with implementation of business activity, and also structural division of the entrepreneur are determined;

1.1.2-1.3. the goods, works and services belonging to the entrepreneur and concerning which mandatory requirements are established;

1.1.2-2. close relatives are spouses, parents, children, grandmothers, grandfathers, grandsons, biological both the stepbrothers and sisters, adoptive parents adopted;

1.1.3. inspection body - state body or the legal entities of the public law given authority to perform checks based on the law;

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 risk management system and the 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.sistema risk managements - set of the measures performed by inspection body in connection with planning and the organization of activities in zone of its control for the purpose of determination and change of risk group of the entrepreneur, decrease in risk, providing admissible (or accepted) risk level and specified in article 9-1.1 of this Law;

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.

Article 2. Scope of the 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, 6-1, 6-2.4, 7.1-7.3, 7.6, 7.7, 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 construction.

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".

2.2-3. The inspections which are carried out in the sphere of the financial markets are regulated according to the Law of the Azerbaijan Republic "About the Central bank of the Azerbaijan Republic".

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, heat 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.

Article 3. Legality of checks

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.

Article 4. Purpose and principles of checks

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;

4.2.10. financings of check from inspection body;

4.2.11. high professionalism of the officials having power of check;

4.2.12. applications in the field of checks of system risk management and the list of questions of check;

4.2.13. control (including internal control) behind activities of inspection bodies;

4.2.14. executions by check of the warning and preventive nature and service to its assistance to the entrepreneur in observance of mandatory requirements to business activity;

4.2.15. equal rights and legitimate interests of all checked entrepreneurs.

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