It is registered
Ministry of Justice
Republic of Tajikistan
On May 8, 2017 No. 218
of April 28, 2017 No. 213
About Rules of determination of criteria for evaluation of risk degree of activities of business entity
According to article 5 of the Law of the Republic of Tajikistan "About checks of activities of business entities" and for the purpose of development of criteria for evaluation of risk degree for conducting checks the Government of the Republic of Tajikistan decides:
1. Approve Rules of determination of criteria for evaluation of risk degree of activities of business entity it (is applied).
2. To inspection bodies on the basis of these rules to determine criteria for evaluation of risk degree of activities of the business entity in the field of belonging to their activities.
Prime Minister of the Republic of Tajikistan
Approved by the Order of the Government of the Republic of Tajikistan of April 28, 2017 No. 213
1. Rules of determination of criteria for evaluation of risk degree of activities of business entity (further - Rules) are developed according to articles 5 and 11 of the Law of the Republic of Tajikistan "About checks of activities of business entities" for the purpose of development of criteria for evaluation of risk degree by inspection bodies, for conducting checks and establish procedure for planning of conducting checks based on risk degree assessment.
2. These rules are based on the following principles:
- assessment of risk degree of activities of business entity based on quantitative and (or) qualitative indexes;
- legality, objectivity and publicity;
- assessment of risk degree of activities of business entity performed by means of officially the approved risk degree evaluation procedure;
- assessment shall be directed only to support and development of activities of business entities;
- regular updating and enhancement of risk management system, criteria of risk and evaluation procedure of risk degree.
3. Criteria for evaluation of risk degree is set of quantitative and (or) qualitative indexes of activities of business entity, allowing to refer these activities to this or that risk degree.
4. Inspection bodies determine criteria for evaluation of risk degree based on probability of damnification as a result of activities of business entity of life and (or) to health of the population, the environment, safety of society and valuable interests taking into account severity of its effects.
5. For the purpose of determination of risk degree of activities of business entity the inspection body determines criteria for evaluation of risk degree.
6. The list of criteria is developed by inspection bodies and affirms Council for coordination of activities of inspection bodies. Each criterion is followed by the description. The description includes the following elements:
- short explanation of what reveals criterion;
- the detailed description of influence of criterion on achievement of the result directed to decrease in risk;
- information source for identification of criterion (the list of control questions on which it is performed, this about type of activity of business entity, the declaration of business entity, this from the state register, this from last checks).
7. For the purpose of evaluating risk degree it agrees with the accepted criteria, inspection bodies according to the current legislation shall perform collection, regularly update and provide data storage about business entities and their activities.
8. Inspection bodies can develop separate lists of criteria of risk of certain types of activity.
9. Certain number of points depending on severity of possible effects of damage suffered is appropriated to each criterion. Calculation and assignment of points shall each criterion is made on the basis of analytical, statistical and expert evaluation.
10. Lists of criteria of risk are updated annually and move on approval of Council for coordination of activities of inspection bodies no later than November 1 of year, to prior year of use of criteria of risk for determination of the list of subjects for conducting check. The head of inspection body is responsible for carrying out the overview of the list of criteria.
11. The single complaint received concerning activities of certain business entity is not the sufficient indicator predetermining risk. Claims concerning activities of subjects of managing are subject to inclusion in system of risk assessment as criterion of risk and are not the basis for conducting check without other criteria of risk and determination of risk degree.
12. After carrying out the analysis of all possible risks, all checked activities of business entities are subject to reference to one of three risk degrees: high, average and low.
13. The share of deyatelnost of business entities with high risk shall not exceed 10 percent from total number of the checked business entities. Checked activities of business entities depending on risk degree are grouped depending on the points appropriated to them (appendix 1 and 2). Information on accessory of activities of managing
12. the subject to certain risk degree it shall be posted on the website of inspection body and authorized body in the field of checks of activities of business entities.
14. Drafts of the list of business entities and types of their activities are developed by the central inspection body based on information provided by regional, city and district structures of this body. Heads of inspection bodies in areas, the cities and areas equally bear responsibility for completeness and reliability of the provided information.
15. Calculation of points for assessment of risk degree is performed in electronic and (or) written form by the central inspection body.
16. The risk degree according to received quantity of points is appropriated to each activities of business entity:
- category of high risk - from 90 to 100;
- category of average risk degree - from 60 to 89;
- category of low risk degree - from 0 to 59;
17. The risk degree of activities of new educated business entity is counted after receipt of information by inspection body educated business entity.
18. Tools of risk response of activities of business entity shall be effective, economically justified and correspond to the expected extent of the done harm.
19. Tools of risk response are:
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