LAW OF THE REPUBLIC OF TAJIKISTAN

of December 25, 2015 No. 1269

About checks of activities of business entities

Accepted by the Resolution MH MOPT of November 4, 2015, No. 210

Approved by the Resolution MM MORT of December 18, 2015, No. 156

This Law establishes the legal basis of conducting checks, procedure and procedures of their carrying out, the right and obligation of business entities, officials of inspection bodies and is directed to protection of health, legitimate rights and interests of citizens, the environment, national security and protection of activities of the checked business entities, irrespective of patterns of ownership.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- the book of registration of checks - the book of registration of checks of activities of business entities in which data on each performed activities of business entities according to the procedure are entered, provided by this Law;

- authorized state body in the sphere of checks of activities of business entities - the central executive body of the government authorized for realization of state policy in the field of support of entrepreneurship;

- inspection bodies - the state body authorized according to the legislation of the Republic of Tajikistan to perform activities of the business entities provided by this Law;

- criteria for evaluation of risk degree - set of the quantitative and (or) qualitative indexes connected with activities of the business entities allowing to carry them to various risk degrees;

- object of check - activities of the business entity having certain risk degree;

- check - type of activity of inspection bodies on studying, the analysis, control and comparison of activities of business entity to requirements of the legislation of the Republic of Tajikistan;

- business entities - legal entities (irrespective of patterns of ownership), including branches and representations of foreign legal entities and the individual entrepreneurs performing business activity;

- risk - probability of emergence of negative consequences and the expected extent of damage caused as a result of activities of business entities;

- Council on coordination of activities of inspection bodies - the consultative body under the Government of the Republic of Tajikistan providing interaction and coordination of activities of inspection bodies.

Article 2. Legislation of the Republic of Tajikistan on checks of activities of business entities

The legislation of the Republic of Tajikistan on check of activities of business entities 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 the international legal acts recognized by Tajikistan.

Article 3. Purpose of checks of activities of business entities

1. The purpose of conducting checks of activities of business entities is reducing risks for health of citizens, the environment, safety of society, protection of property by ensuring compliance with the legislation of the Republic of Tajikistan by business entities in the course of implementation of the activities.

2. Process of conducting checks does not stop activities of business entities.

Article 4. Scope of this Law

1. Provisions of this Law are applied to check of activities of the business entities, except as specified, provided by part 2 of this Article.

2. Provisions of this Law, except for requirements of Article 13, are not applied to the checks regulated within public prosecutor's supervision, audit of Audit Chamber of the Republic of Tajikistan, the state financial control and fight against corruption, the bank, criminal procedure, tax, customs legislation of the Republic of Tajikistan and quickly: search activities.

3. Carrying out supervision (the state control, supervising works) and check of activities of business entities is forbidden from the state bodies and structures having according to power regulatory legal acts on carrying out supervision (the state control, supervising works) and checks, not the stipulated in Article 10 these Laws, except for provisions of part 2 of this Article and availability of criminal case.

Article 5. Competence of the Government of the Republic of Tajikistan of the sphere of checks of activities of business entities

To competence of the Government of the Republic of Tajikistan of the sphere of checks of activities of business entities it is carried:

- participation in development of state policy in the sphere of conducting checks of activities of business entities;

- determination of authorized state body in the sphere of checks of activities of business entities;

- creation of Council for coordination of activities of inspection bodies and approval of its provision;

- approval of standard rules of conducting checks of activities of business entities;

- approval of form and procedure for use of the book of registration of checks;

- approval of rules of determination of criteria for evaluation of risk degree when implementing activities by business entities;

- approval of the Code of ethics of officials of inspection bodies;

- approval of the procedure of creation, filling and maintaining single base on performed and management information system;

- implementation of other competence, stipulated by the legislation Republic of Tajikistan.

Article 6. Powers of Council for coordination of activities of inspection bodies

1. Is included into power of Council for coordination of activities of inspection bodies:

- management and coordination of reform of system of checks for increase in efficiency of protection of health of citizens, property, the environment, safety of society and reducing load of business entities;

- assistance to creation and strengthening of the administrative infrastructure necessary for ensuring realization of the purpose and tasks of checks;

- coordination of work on creation of the single database on checks;

- ensuring compliance with rules of conducting checks by inspection bodies;

- coordination of plans of checks of inspection bodies for the purpose of non-admission of duplication of checks;

- approval of general criterions of efficiency evaluation and effectiveness of activities of the inspection bodies connected with checks;

- consideration and approval of general rules of data collection and development of single methodology of assessment of checks;

- consideration of annual statements of inspection bodies with annual efficiency evaluation and effectiveness of checks and determination of procedure for their publication in mass media;

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