Recently, complaints from enterprises, companies, organisations and citizens involved in economic activity about unjustified check-ups became more frequent. In many cases such check-ups carried out by officials of state control bodies are aimed to illegal enrichment and in general prevent overcoming of the economical crisis.

Procedures of governmental control inherited from the former USSR do not conform to today’s requirements and allow officials when carrying out check-ups to abuse their powers which arouses well-grounded resentment of citizens.

Establishment and development of new economic relations in the Republic requires change of regulations regarding governmental control over productive, financial-credit activity and sphere of services irrespective of form of property and organisation-legal subordination and regulation thereof in compliance with today’s legislation.

In order to apply procedure of governmental control corresponding to the present level of economic relations, to choose most relevant approaches, to prevent negative impact on development of market relations, to protect legal interests of citizens and legal persons I take decision as follows:

1. To prohibit unjustified check-ups of productive, financial-credit activity and sphere of services of enterprises, companies, organisations and citizens.

2. To regard check-ups of productive, financial-credit activity and sphere of services of enterprises, companies, organisations and citizens expedient, except cases in connection with criminal proceedings, as follows:

• whenever procurator’s office and police departments receive signed statements, complaints, information about facts of criminal nature in economic activity of enterprises, companies and organisations - to forward to National Bank of the Azerbaijan Republic, Ministry of Finances of the Azerbaijan Republic and Main State Tax Inspection for the execution justified decision of General Procurator (or his deputy in charge of respective area) taken by the Procurator at his own initiative, or by recommendation of the subordinate procurator, or decision of Minister of Internal Affairs (or his deputy in charge of respective area) about carrying out check-up at the enterprise, in the company or organisation;
• check-ups of productive, financial-credit activity and sphere of services of enterprises, companies, organisations and citizens by the procurator’ offices, police departments and national security bodies shall be done only if as a result of check-ups carried out by National Bank of the Azerbaijan Republic, Ministry of Finances and Main State Tax Inspection facts of criminal nature have been revealed;
• whenever revealed facts of economic crime require certain actions envisaged in decrees, orders of the President of the Azerbaijan Republic, decrees of the Cabinet of Ministers of the Azerbaijan Republic call for urgent check-ups, inspections, inventories by specialists they shall be done based on justified decision of the General Procurator, his deputies in charge of respective areas, or decision of Minister of Internal Affairs and his deputy in charge of respective area, Minister of National Security with participation of specialists of National Bank of the Azerbaijan Republic, Ministry of Finances, Main State Tax Inspection and Auditors.

3. To state that check-ups, inspections and inventories shall not be carried out by the initiative of bank organisations and administration, and also local executive power bodies. To authorise Cabinet of Ministers of the Azerbaijan Republic, within one month, to prepare and approve Regulations on procedure of administrative control.

4. Ministry of Finances of the Azerbaijan Republic, Main State Tax Inspection, National Bank, in order to prevent violations of law, when carrying out their responsibilities shall:

• provide re-organisation of respective bodies of inspection and control, their staffing with highly qualified specialists and within three months inform Cabinet of Ministers of the Azerbaijan Republic;
• once in a three months inform Executive office of the President of the Azerbaijan Republic about number and results of carried out inspections;
• co-operate when solving tasks under the present Decree.

5. To request from the working group on legal reform established under the President of the Azerbaijan Republic, within three months, to prepare and submit to the President of the Azerbaijan Republic draft laws providing implementation of check-ups in compliance with generally accepted modern principles.

6. In order to stop state bodies mentioned in this Decree from abusing their powers in the course of check-ups, to protect legal rights and interests of citizens and legal entities to request from head officials of Executive office of the President of the Azerbaijan Republic, within one month, to prepare and submit their proposals to the President of the Azerbaijan Republic.

7. This Decree comes into force from the day of its signing.

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Non-official translation