of December 24, 1998 No. 717-I
About the state control of activities of business entities
This Law governs the relations connected with implementation of the state control of activities of business entities.
The state control of activities of the organizations financed by means of the government budget and off-budget funds is performed according to the procedure, established by the legislation.
The legislation on the state control of activities of business entities consists of this Law and other acts of the legislation.
The state control exercised according to the procedure of public prosecutor's supervision is regulated by also relevant legislation.
The procedure for conducting checks of financial and economic activities during investigation verifications and on the brought criminal cases is regulated by the criminal procedure legislation
Features of the state control exercised by tax audit are determined by the tax legislation.
If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are provided in the legislation of the Republic of Uzbekistan on the state control of activities of business entities then are applied rules of the international treaty.
In this Law the following basic concepts are applied:
monitoring bodies - the ministries and departments authorized by the legislation to exercise the state control of activities of business entities;
check - the one-time control exercised by monitoring bodies of execution by business entities of the laws and other acts of the legislation regulating their activities;
the book of registration of checks - the special book in which information about performed is entered;
check of financial and economic activities (audit) studying and comparison of accounting, financial, statistical, bank and other records of business entities for the purpose of control of observance of the tax and foreign exchange legislation;
short-term check - the check performed by monitoring bodies based on appeals of physical persons and legal entities about the facts of violations of the law:
check according to the procedure of control - the check performed controlling bodies behind elimination by business entities of the violations noted by the previous check.
The state control of activities of business entities is exercised in the way:
checks, including audits, checks according to the procedure of control; analysis of statistical and other information;
inspections of subordinated bodies.
The state control of activities of business entities by the analysis of statistical and other information, and also inspection of subordinated bodies is performed according to the legislation.
The basic principles of implementation of the state control of activities of business entities are:
legality, objectivity and publicity in activities of monitoring bodies:
protection of the rights and legitimate interests of legal entities and physical persons;
non-interference to activities of business entities.
priority of the rights of the subject of entrepreneurship according to which all ineradicable contradictions and ambiguities of the legislation arising in connection with implementation of business activity are interpreted for benefit of the subject of entrepreneurship.
Check of activities of business entities is performed by officials of monitoring bodies. Officials of monitoring bodies are subject to certification according to the procedure, established by the legislation.
The admission of officials of monitoring bodies to check of activities of business entities is performed in the presence of the special certificate of the admission to conducting checks, the identity certificate and the bases provided by articles 9 and 12 of this Law.
When attracting to check of auditing organizations and (or) experts by the official of monitoring body the copy of the contract between monitoring body and auditing organization and (or) the expert is surely shown. In the agreement surname, the name, middle name, place of employment and position of the auditor and (or) expert shall be entered. Necessary condition of the signed agreement is the condition of responsibility of auditing organization and (or) the expert for correctness of the audit and (or) expert opinion and its compliance to the legislation. Expenses on carrying out audit inspections and examinations are made at the expense of monitoring bodies.
Coordination of activities of monitoring bodies is performed by the special representative body which decisions regarding conducting checks of activities of business entities are obligatory.
The main objectives of the special representative of body are:
coordination of activities of monitoring bodies concerning implementation of checks of activities of business entities;
development of coordination plans of checks of activities of business entities, including the complex checks and audits which are not allowing duplication of activities of monitoring bodies:
control of activities of monitoring bodies regarding observance of coordination plans of conducting checks and non-admission of carrying out unscheduled inspections without decision of the special representative of body.
Procedure for education and activities of the special representative of body are determined by the legislation.
The basis for conducting planned inspection, including check of financial and economic activities of business entities of the legal entities, monitoring bodies, except as specified, provided by part two of this Article are:
the statement from the coordination plan of implementation of checks of activities of business entities issued to special representatives by body or its relevant territorial subdivision;
the order of monitoring body issued based on the coordination plan, with indication of the purposes of check, the list of the checking officials and terms of conducting check.
The basis for conducting checks of activities of business entities by bodies of prosecutor's office, internal affairs and service of state security is availability of the brought criminal case. At the same time the activities of business entity connected only with the brought criminal case can be covered by check about what it shall be specified in the resolution on purpose of check.
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