RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of May 12, 2014 No. 143

About approval "Form and procedure for application of the list of questions of check"

For the purpose of ensuring execution of subitem 1.1.8 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "On regulation of the inspections which are carried out in the field of entrepreneurship and protection of interests of entrepreneurs" of July 2, 2013" of August 28, 2013 No. 955, the Cabinet of Ministers of the Azerbaijan Republic decides No. 714-IVQ:

Approve "Form and procedure for application of the list of questions of check" (are applied).

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of May 12, 2014 No. 143

Form and procedure for application of the list of questions of check

1. General provisions

1.1. This Procedure is prepared for the purpose of ensuring execution of subitem 1.1.8 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "On regulation of the inspections which are carried out in the field of entrepreneurship and protection of interests of entrepreneurs" of July 2, 2013 No. 714-IVQ" of August 28, 2013 No. 955 and establishes according to appendix list form of the questions of check concerning the inspections which are carried out in the field of entrepreneurship and procedure for preparation, approval and application of the list of questions of check by inspection body.

1.2. The purpose of application of the list of questions of check is ensuring systemacity assembled of the information about the entrepreneur, the analysis of results of checks and assessment, efficiency of checks, transparency, verification process simplifications.

1.3. The concepts used in this Procedure express the values provided by the Law of the Azerbaijan Republic "On regulation of the inspections which are carried out in the field of entrepreneurship and protection of interests of entrepreneurs" of July 2, 2013 No. 714-IVQ".

2. Preparation and approval of the list of questions of check

2.1. The list of questions of check is prepared by each inspection body according to its area of checks and affirms the head of inspection body.

2.2. The list of questions of check shall reflect the mandatory requirements checked during check and be based on risks.

2.3. The list of questions of check shall join important requirements which execution is obligatory. Important requirements are requirements which violation creates direct and serious threat or causes serious damage to life and health of the person, the environment and valuable interests of the state. Questions of check shall be accurate and are unambiguously formulated. Questions shall be placed on priority according to the different specific weight (points) appropriated to them. The list of each question of check shall have the system of assessment allowing to determine risk level of object of check after check. The different specific weight (point) on each question shall be pro rata to risk degree.

2.4. The requirements included in the list of questions of check are created according to the regulatory legal acts (including to technical regulatory legal acts) establishing mandatory requirements concerning business activity and before each requirement the name of the regulatory legal act establishing the mandatory requirement concerning business activity, its date, number and structural elements is specified.

2.5. The requirements included in the list of questions of check shall be put by general into words, to be specific and to provide definite answers" (The requirement is fulfilled" or "The requirement is not fulfilled").

2.6. The requirements included in the list of questions of check shall be expressed in the known type of the present of verb.

2.7. The requirements included in the list of checking questions cannot have reference nature on number of structural element of regulatory legal act (including technical regulatory legal act).

2.8. In the requirements included in the list of questions use of indefinite expressions, such as ", etc.", "and so forth", "and others" and others expressions, similar to them, is not allowed.

2.9. The requirements included in the list of questions shall be expressed simply and clearly that the entrepreneur could independently and without participation checking to estimate running state of the specified requirements.

2.10. Repeating of the requirements included in the list of questions is forbidden.

2.11. The inspection body provides placement of the list of questions of check on official the Internet the website and in the unified information register of checks in the field of entrepreneurship (further - the Register). The questions of check which are not placed in the register cannot be applied when checking.

2.11-1. The inspection body can involve independent experts in process of preparation of questions of check and its assessment.

2.12. For the purpose of ensuring relevance of the list of checking questions and its compliance to the regulatory legal acts establishing mandatory requirements to business activity, the requirements reflected in the list of checking questions are considered by inspection body in process of modification of these regulatory legal acts and modification of these requirements according to Item 2.1 of this rule.

2.13. The inspection body places the changes made to the requirements reflected in the list of questions of check on official the Internet the website and in the Register within 5 (five) working days.

2.14. The change made to the requirements reflected in the list of questions of check after 10 (ten) days from the date of placement in the Register can be included in the list of the questions of check constituted according to Item 3.3 of this Procedure.

3. Application of the list of questions of check during check

3.1. The list of questions of check used during check is inspection statement component.

3.2. The list of questions of check is applied during scheduled (next) and unscheduled (extraordinary) inspection.

3.3. The list of questions of check used during check is constituted by the authorized officer of inspection body by means of the Register according to the form specified in appendix to this Procedure. For this purpose the authorized officer selects questions of check, doing mark in the list of questions of check, placed in the Register and in case of check registration the corresponding list is processed in the automated mode. The processed list of questions of check is printed in duplicate, signed by the authorized officer which constituted it, and also the head of inspection body or the official to whom it assigned these obligations and certified by seal.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info