Approved by GUGPS of the Ministry of Internal Affairs of the Republic of Tajikistan of August 20, 2007

Rules of conducting checks of activities of business entities in the Republic of Tajikistan bodies of the state fire supervision

These rules are developed in compliance with article 4 and 7 of the Law of the Republic of Tajikistan "About checks of activities of business entities in the Republic of Tajikistan", the Law of the Republic of Tajikistan "About fire safety" and "Manual on the organization of work of bodies of fire supervision of the Republic of Tajikistan" and determine procedure for the organization and conducting checks of activities of business entities in the field of observance of fire safety regulations.

1. General provisions

1.1. These rules are obligatory for all inspection bodies, authorized to perform checks of activities of business entities regarding observance of requirements of fire safety by them and suppression of their violations.

1.2. The main objectives resolved during conducting check are:

- check of observance by business entity of the legislation in the field of fire safety;

- timely detection, suppression and prevention of violations of the requirements of fire safety doing harm to economic interests of the Republic of Tajikistan, to the rights and legitimate interests of citizens, establishment of the reasons and conditions promoting their making;

- taking measures to compensation of damage suffered.

1.3. Officials of bodies of the state fire supervision of the Republic of Tajikistan when implementing checks of activities of business entities shall:

- to be guided strictly by the Constitution of the Republic of Tajikistan, regulatory legal acts of the Republic of Tajikistan, including the Law "About Checks of Activities of Business Entities in the Republic of Tajikistan" and these rules;

- take necessary measures for suppression and the prevention of the facts of the violation of the law, indemnification caused to the state, accountability of perpetrators, application of stipulated by the legislation sanctions.

- prior to check to explain the rights and obligations of the checked business entity, and also the rights and obligations connected with conducting checks;

- not interfere with representatives of business entity to be present when conducting check and to make them explanations on the questions relating to check subject;

- perform in strict accordance with the decision of body of fire supervision of the Republic of Tajikistan on the conducting check according to the procedure provided by the Law "About Checks of Activities of Business Entities in the Republic of Tajikistan" and these rules;

- provide quantitative and qualitative content of temporarily withdrawn documents, experimental samples and other materials, and also provide their timely return;

- explain to business entity subject and essence of the revealed shortcomings and measures for their elimination, not to allow their concealment;

- not create obstacle for functioning of business entities;

- not take out the checked documents out of limits of business entities;

- issue to the checked business entities legal and reasonable instructions, obligatory for execution, about elimination of the revealed violations;

- provide observance of the state, commercial and protected by the law other secret.

1.4. When conducting checks officials of bodies of the state fire supervision of the Republic of Tajikistan have no right:

- check fulfillment of requirements, the bodies of fire supervision which are not within the competence;

- perform without delivery to business entity of the decision on conducting check and without entering of the corresponding data into the Book of registration of checks of business entity, and also in absence of officials or employees of the checked business entities or their representatives;

- require submission of documents, product samples, information if they are not connected with check subject, and also to withdraw originals of the documents relating to check subject;

- require models of tests of products for researches (testing) without availability of the basis and creation of the act of sampling;

- exceed fixed terms of conducting checks.

- levy in cash form the payments provided by the law, including penalties, percent from business entities;

- use the fact of availability of shortcomings of quality of the basis for intervention or restriction of activities of business entities;

- perform the actions interfering continuous production business activity of business entities if object is not in pozharougrozhayushchy condition.

2. Planning of checks

2.1. The inspections of activities of business entities which are carried out by bodies of the state fire supervision of the Republic of Tajikistan can be planned and unplanned.

2.2. Checks of objects of business entities are performed according to plans of conducting checks, except for unscheduled and repeated inspections.

Plans are annual and are constituted taking into account:

- identification categories of risk of objects, proceeding from their threat to life and health of the population;

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