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Ministry of Justice

Republic of Tajikistan

On August 2, 2016 No. 416

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of July 27, 2016 No. 332

About approval of form and procedures for use of the book of registration of checks

According to article 5 of the Law of the Republic of Tajikistan "About checks of activities of business entities" and article 51 of the Law of the Republic of Tajikistan "About regulatory legal acts" for the purpose of ensuring transparency of checks of activities of business entities, the Government of the Republic of Tajikistan decides:

1. Approve form and procedure for use of the book of registration of checks (appendices 1 and 2).

2. To the Tax Committee under the Government of the Republic of Tajikistan at the expense of special means of Committee and other sources to provide business entities with books of registration of checks free of charge.

3. Declare invalid the orders of the Government of the Republic of Tajikistan of April 3, 2007, No. 169 "About approval of the Form and Rules of ledger maintenance of registration of checks of business entities in the Republic of Tajikistan" and of April 3, 2007, No. 170 "About approval of form of the Book of registration of decisions and acts of checks and procedure for storage of acts of checks of activities of business entities in the Republic of Tajikistan".

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Appendix 2

Approved by the Order of the Government of the Republic of Tajikistan of July 27, 2016, No. 332

Procedure for use of the book of registration of checks

1. The procedure for use of the book registration of checks extends to all types of checks of activities of the business entities foreseen by inspection bodies.

2. This Procedure determines procedure for ledger maintenance of registration of checks of activities of business entities in the Republic of Tajikistan, irrespective of patterns of ownership of the checked business entities.

3. All types of the performed checks by inspection bodies are subject to registration in the book of registration of checks. Responsible entries in the book of registration of the inspections about checks which are carried out within public prosecutor's supervision, audit of Audit Chamber of the Republic of Tajikistan, the state financial control and fight against corruption, the bank law, the criminal procedure, tax, customs legislation and operational search activities shall make person of state bodies.

4. Official person of inspection body is not allowed to conducting check in case of not entering of records into the book of registration of checks. In the absence of entries in the book of registration of checks, results of check are invalid.

5. The Tax Committee under the Government of the Republic of Tajikistan as the authorized state body performing registration of legal entities and individual entrepreneurs at the expense of special means of Committee and other sources provides free of charge business entities with the book of registration of checks.

6. Prior to check official person of inspection bodies represent to the head of business entity the decision of inspection body on conducting check. Officials of inspection bodies shall show the official ID and fill in the corresponding columns of the book of registration of checks of activities of business entities in the Republic of Tajikistan and confirm them with the personal signature.

7. Officials of inspection bodies shall make the following records in columns 1-11 and 13 of the book of registration of checks:

- in the first column the sequence number of registration performed by inspection bodies is specified;

- in the second column date and time of the beginning and the end of check are specified;

- in the third column the name of inspection body is specified;

- in the fourth column the check basis is specified (date and number of the decision on conducting check;

- in the fifth column the subject and the purpose of check are specified;

- in the sixth column the check type is specified (scheduled, unscheduled, additional, repeated inspection; concerning scheduled inspection, with reference to the annual plan of conducting planned inspections);

- in the seventh column surname the name and middle name, the official (officials) who is carrying out check, number of the official ID, the name of body, issued the certificate, certificate effective period are entered;

- in the eighth column the surname name and middle name, positions of the invited specialist(s), number of the official ID, the name of the organization which it represents is entered and if he is independent specialist, number of the identity certificate, license number, the name of the body which granted the license and effective period of the license if activities of the invited specialist are subject to licensing;

- in the ninth column date and number of the inspection statement which is drawn up by results of check, date of its delivery to business entity is specified;

- in the tenth column the revealed violations of the mandatory requirements established by regulatory legal acts are specified (are specified content of the revealed violation with reference to provision of regulatory legal act);

- in the eleventh column are specified in case of identification of violations, the measures taken by the official of inspection body;

- in the thirteenth column the signature of the official (persons) performing is specified.

8. Official person of inspection body from introduction of data on the registration of checks performed in the book bear the responsibility established by the legislation of the Republic of Tajikistan for evasion.

9. The head of business entity or the individual entrepreneur shall make the following records in column 12 of the book of registration of checks:

- in the twelfth column the data specified by the head of business entity or the individual entrepreneur are specified (date and time of the end of check; the taken measures the official of inspection body of measure for results of check; the provided advisory help; the drawn-up inspection statement; the opinion by results of performed in the following forms: "Agrees", "Does not agree", "He agrees with notes").

10. If the business entity has no book of registration of checks or the invalid form of the book of registration is had, officials of inspection body make the corresponding records in the inspection statement and warn business entity about ledger maintenance of registration of checks.

11. The work of erasures, blots in the book of registration of checks of activities of business entities is forbidden. Corrections shall be made by deletion of wrong texts and from above recording of proper data. Each such correction is certified by signatures of the checking officials and the head of business entity.

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