Study of Small and Medium Enterprises in Azerbaijan - IFC

Annex 5.2 Checklist of issues for drafting the Law on Granting Permits 37
General Issues:
• What law governs permits and other certifications?
• Who issues these regulations and how are they issued?
• Is the purpose of the law clearly stated?
• Does the law state who is subject to it (e.g., business entities, individuals, NGOs)?
• Does the law contain all necessary definitions? (e.g., definitions of permits, issuance of permits, violation, etc.)
• Does the law state the objectives of issuance of permits (e.g., a limited list of legitimate regulatory purposes)?
• Does the law prohibit the use of permits for certain purposes (e.g., fiscal policy/revenue generation)?
• Does the law state the principles of issuance of permits (e.g., simplicity, impartiality, transparency)?
• Does the law contain a list of all activities that require obtaining permits?
• Does the law specify the agency responsible for issuing each permit?
• Does the law categorize activities that require permits according to the level of potential impact on health, safety, and the environment?
• Does the law specify terms of validity for the permits?
• Under what circumstances may the government establish new permits?
• Does the law provide for mechanisms for review and evaluation of existing or new permits?
Application Procedure:
• Does the law specify procedures for obtaining extensions to validity periods?
• What are the rights and duties of the permit issuing authorities?
• What are the rights and duties of an applicant?
• Does the law provide an exhaustive list of documents required for each permit?
• Does the law contain a disclaimer stating that the permit issuing agency may not ask the applicant to submit other documents other
than those specified in the law?
• Does the law specify reasons for which permit issuing authorities may deny applications for permits and their extensions?
• Does the law specify limits for the amount of time agencies may take to process applications?
• Are the procedures for application and fees publicly accessible?
• Is there a one-stop-shop application process or web-based application system?
Costs:
• Does the Law clearly indicate the cost of each permit?
• Do permits have fixed costs or do costs depend on the lengths for which the permits are valid?
• If the Law does not precisely specify fees for obtaining permit, does it contain a “cost-only” provision?
• If fees are to be fixed in lesser legal instruments, does the law include a provision limiting the number of times fees may be changed
within a one year period?
• Does the law specify whether fees will go to the state budget or to individual permit issuing agencies?
Decision Making:
• Who is the authorized person / body to decide on the application?
• Are there legally set deadlines / timeframes to respond to the applicant?
• Does the law establish the “silence is consent” principle?
• Does the law provide the reasons for denying or suspending permit?
Appeals:
• Does the law specify procedures by which applicants may appeal the decisions of permit issuing authorities?
• Does the law specify detailed hearing procedures?
• What kind of authority is responsible for examining appeals cases?
• What is the time limit for hearing cases?
• In what cases may the appellate authority reject appeal requests?
• What forms of legal redress does the appeals process offer successful applicants?
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Source: IFC, 2006. Business Licensing Reform: A Toolkit for Development Practitioners.
Aze r b a i j a n Bu s i n e s s En a b l i n g En v i r o n m e n t Pr o j e c t 89