RESOLUTION OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF UZBEKISTAN, PROSECUTOR GENERAL'S OFFICE OF THE REPUBLIC OF UZBEKISTAN

of November 23, 2017 No. 168, No. 36

About approval of the Regulations on procedure for return of performing collection

According to the Presidential decree of the Republic of Uzbekistan of May 29, 2017 No. UP-5059 "About Measures for Further Strengthening of Payment Discipline in the field of Delivery and Consumption of Electrical Energy and Natural Gas, and also to Radical Enhancement of System of Enforcement Proceeding", the Ministry of Finance and the Prosecutor General's Office of the Republic of Uzbekistan decide:

1. Approve Regulations on procedure for return of performing collection according to appendix.

2. Declare invalid the resolution of the Ministry of Finance and Ministry of Justice of the Republic of Uzbekistan of September 7, 2010 No. No. 75 and 14 "About approval of the Regulations on procedure for return of performing collection" (рег. No. 2142 of September 21, 2010) (Collection of the legislation of the Republic of Uzbekistan, 2010, No. 38, the Art. 336).

3. This resolution becomes effective from the date of its official publication.

Appendix

to the Resolution of the Ministry of Finance and Prosecutor General's Office of the Republic of Uzbekistan of November 23, 2017 No. No. 168, 36

Regulations on procedure for return of performing collection

This Provision according to the Presidential decree of the Republic of Uzbekistan of May 29, 2017 No. UP-5059 "About Measures for Further Strengthening of Payment Discipline in the field of Delivery and Consumption of Electrical Energy and Natural Gas, and also to Radical Enhancement of System of Enforcement Proceeding" determines procedure for return in the cases of the performing collection collected by the state contractor according to the executive document established by the legislation.

Chapter 1. General provisions

1. This Provision is applied in case of return of the performing collection collected by the state contractors.

2. On the amount of performing collection which is due to return percent are not charged.

Chapter 2. Return of performing collection

3. The basis for return of performing collection is the decision on return of performing collection of the relevant territorial subdivision or central office of Bureau of forced execution under the Prosecutor General's Office of the Republic of Uzbekistan (further - Bureau) which made forced executive actions.

4. In the decision on return of performing collection are specified:

a) following bases for return of performing collection:

cancellation of court resolution or the act of other body based on which the executive document, or cancellation of the document which by law is the executive document - based on the statement of the debtor is issued;

change of court resolution or the act of other body based on which the executive document owing to which the amount of the paid performing collection - based on the statement of the debtor or the claimant is subject to revision is issued;

wrong or excessive transfer of the amount of performing collection - based on the statement of the debtor or other persons at whom performing collection or at the initiative of the state contractor is collected;

other cases established by the legislation;

b) the total amount of means which is subject to return with indication of separately shares covered by fund of development of Bureau of forced execution (further - Fund) and the republican budget of the Republic of Uzbekistan;

c) bank details of person who paid performing collection to which return of the specified means is made.

The application for return of performing collection is submitted no later than three years from the date of emergence of the circumstances specified in this Item.

5. The decision on return of performing collection, with application of copies of the relevant documents confirming the fact of transfer of the collected amounts of performing collection on the special transit account opened in the relevant commercial bank of the Republic of Uzbekistan and from this account - in the income of the republican budget of the Republic of Uzbekistan and in Fund, no later than two days from the date of its acceptance goes to Fund for return of performing collection to the paid his face.

6. Return of performing collection is made by Fund during five banking days from the date of receipt of the decision by fund, with subsequent compensation to Fund of the share of performing collection which is subject to return at the expense of means of the republican budget of the Republic of Uzbekistan.

For compensation into the account of Fund of the share of performing collection which is subject to return at the expense of means of the republican budget of the Republic of Uzbekistan, Fund, after implementation of return subject to return of all amount of performing collection sends to the relevant district (city) organ of the State Tax Service in the location of territorial subdivision of Bureau which made forced executive actions (further - body of the State Tax Service), the copy of the decision on return of performing collection, with appendix of information on bank details of Fund and copies of the relevant documents confirming the fact:

transfers of the collected amounts of performing collection on the special transit account opened in the relevant commercial bank of the Republic of Uzbekistan and from this account - in the income of the republican budget of the Republic of Uzbekistan;

return of the collected amounts of performing collection to the paid his face.

7. The body of the State Tax Service during five banking days from the date of obtaining from Fund of the copy of the decision on return of performing collection with appendices, sends to the relevant financial body the conclusion confirming receipt of receivable share of the collected performing collection in the income of the republican budget of the Republic of Uzbekistan with indication of the amount which was subject to receipt, actually arrived amount and the amount which is subject to return and application of copies of the documents received from Fund, at the same time the copy of the conclusion goes Fund. In case of non-confirmation of the fact of receipt of receivable share of the collected performing collection the corresponding conclusion of body of the State Tax Service goes to the income of the republican budget of the Republic of Uzbekistan Fund.

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