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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).

Prime Minister of the Azerbaijan Republic

A. Rasi-Zade

 

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 reflects mandatory requirements which are checked when conducting check.

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.

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 questions cannot have character of the reference to number of structural element normative - the legal act (including the 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.

2.12. For the purpose of ensuring relevance of the list of questions of check and compliance to the regulatory legal acts establishing mandatory requirements concerning business activity, the requirements reflected in the list of questions of check are considered by inspection body in process of modification of the specified regulatory legal acts and of the specified requirements changes according to Item 2.1 of this Procedure are made.

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.

3.4. Checking before beginning check, informs the entrepreneur or his authorized representative on the list of questions of check.

3.5. During check only the condition of execution of the mandatory requirements included in the list of questions of check is checked.

3.6. The corresponding records about condition of execution of the requirements reflected in the list of questions of check are entered in the list of questions of check checking (the head of check) during check.

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