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PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of April 11, 2018 No. UP-5409

About measures for further reducing and simplification of licensed and allowing procedures in the field of business activity, and also to improvement of conditions of business

(as amended of the Presidential decree of the Republic of Uzbekistan of 30.04.2021 No. UP-6218)

According to the Strategy of actions in five priority directions of development of the Republic of Uzbekistan in 2017 - 2021 in the republic the complex institutional and structural reforms directed to reducing presence of the state at economy, further strengthening of protection of the rights of subjects of entrepreneurship and priority role of private property, comprehensive stimulation of business initiatives and startups are performed.

Efficiency and effectiveness of the taken measures for improvement of business climate objectively are reflected in positive estimates of the leading international financial institutions and rating agencies. In particular, in the report of the World Bank "Business of 2018" Uzbekistan was included into the top ten of the countries reformers in the world on creation of optimum conditions for entrepreneurship.

At the same time still the bureaucratized methods of state regulation of the entrepreneurial sphere of software development to a number of the directions remain that interferes with the accelerated increase in competitiveness of domestic business, implementation of new technologies and innovations in business environment, to enforcement of trust in the sequence of state policy on creation of the favorable investment climate and business environment. In particular:

the first, large number of the license types which became obsolete and not meeting the modern requirements and allowing procedures in the field of business activity remains;

the second, market mechanisms of business process management extremely passively take root, including excessive centrality of regulating functions, weak level of involvement of mechanisms of self-regulation and public control takes place;

third, entrepreneurs still face the facts of unreasonable delay in ministerial procedures from separate authorized bodies in case of execution of licenses and documents of allowing nature;

the fourth, the interaction between authorized state bodies directed to cardinal reducing number of licenses and documents of allowing nature, further simplification and increase in level of transparency of ministerial procedures is not fully performed.

For the purpose of radical reducing excessive bureaucratic procedures in business, consecutive strengthening on system basis of market and legal mechanisms of protection and guarantees of immunity of private property, consolidation of efforts on improvement of the investment climate and business environment in the republic, and also according to the Presidential decree of the Republic of Uzbekistan of January 22, 2018 No. UP-5308 "About the State program on strategy implementation of actions in five priority directions of development of the Republic of Uzbekistan in 2017 - 2021 in "Year of support of active entrepreneurship, the innovative ideas and technologies":

1. Determine the priority directions of state policy in the field of licensing and allowing procedures in the field of business activity:

the accelerated enhancement of the legislation in the field of licensing and allowing procedures by establishment of the simplified mechanisms of passing of licensed and allowing procedures, ensuring transparency, strengthening of legal definiteness in relations with business, exceptions of unreasonable administrative supervision from state bodies;

step-by-step reducing number of licensed and allowing procedures, wide use of alternative methods of regulation of business activity, such as public control, self-regulation, certification, accreditation, insurance of civil responsibility, technical regulation and other modern methods;

activation of implementation of modern information and communication technologies in processes of state regulation, including wide use of mechanisms of interdepartmental interaction (G2G), and also the principle "one window" in case of issue of licenses and documents of allowing nature (G2B), first of all through divisions of the Agency of the state services under the Ministry of Justice of the Republic of Uzbekistan.

2. Accept offers of the Ministry of Justice, the Ministry of Economics, the Ministry of Finance, the State committee on assistance to the privatized companies and development of the competition, Chamber of Commerce and Industry of the Republic of Uzbekistan, other interested ministries and departments on:

to cancellation since June 1, 2018 of the separate licensed types of activity and allowing procedures in the field of business activity, including by consolidation of some of their types, according to lists according to appendices No. No. 1 and 2;

to reducing since June 1, 2018 terms of execution of licenses and documents of allowing nature in the field of business activity according to the list according to appendix No. 3;

to transfer since June 1, 2018 of functions on licensing of separate types of activity from the Cabinet of Ministers of the Republic of Uzbekistan to the relevant state bodies according to the list according to appendix No. 4;

to transfer since June 1, 2018 of functions on issue of licenses and documents of allowing nature from republican state bodies to their territorial administrations and public authorities on places, and also Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent to district (city) khokimiyats according to the list according to appendix No. 5;

implementation of measures, directed to further reducing and simplification of procedures in case of receipt of licenses and documents of allowing nature in the field of business activity since June 1, 2018 according to appendix No. 6.

3. Enter since June 1, 2018 procedure according to which all licenses for the right of implementation of separate types of activity are granted without restriction of term of their action, except licenses for the right of implementation of medical and pharmaceutical activities, for the occupation right by the activities connected with drug trafficking, psychotropic substances and precursors, operation and rendering services of mobile radiotelephone (cellular) communication and distribution of telebroadcasts, and also production, conversion and oil sale, gas and gas condensate.

4. Determine that:

the specific list carried out (rendered) within the licensed type of activity of works (services) is specified in regulations on procedure for licensing of the corresponding types of activity;

if the licensing body during the term of consideration of the application does not make the decision on issue or on refusal in licensing on licensing, after the specified term the license applicant has the right to perform the activities declared to them, having in writing notified on it the licensing body. At the same time the licensing body within five working days on receipt of the written notice of the license applicant shall grant to it the license.

5. To provide to the Cabinet of Ministers of the Republic of Uzbekistan in three-months time together with:

the licensing and other authorized bodies review of regulations on procedure for licensing of separate types of activity and regulations on procedure for passing of allowing procedures taking into account requirements of this Decree;

the ministries and departments authorized on issue of documents of allowing nature in the field of business activity, development and approval of all regulations on procedure for passing of allowing procedures.

6. Determine that heads of the bodies authorized on issue of licenses and documents of allowing nature bear the personal responsibility for timely reduction of relevant provisions about procedure for licensing of separate types of activity and about procedure for passing of allowing procedures to compliance with requirements of this Decree.

To the Ministry of Justice of the Republic of Uzbekistan to establish system monitoring of accomplishment of requirements of this Item by authorized bodies.

7. To the national agency of project management in case of the President of the Republic of Uzbekistan together with the Cabinet of Ministers, the Ministry of Justice, Chamber of Commerce and Industry of the Republic of Uzbekistan, other interested ministries and departments:

continue work on cardinal reducing number of licenses and documents of allowing nature, having paid special attention on simplification and further increase in level of transparency of ministerial procedures, by minimization of the list of necessary documents, optimization of terms and cost of ministerial procedures, the analysis of their impact on competitive environment on the basis of poll of the interested target audience and critical studying of the best foreign practices, carrying out consultations with business community and involvement of the leading international experts;

make in accordance with the established procedure relevant proposals to the President of the Republic of Uzbekistan on further enhancement of system of licensing and passing of allowing procedures.

8. To the Ministry of Justice, the Ministry of Economics, the Ministry of Finance, the Central bank, Chamber of Commerce and Industry of the Republic of Uzbekistan together with the interested ministries and departments in three-months time to make in the Cabinet of Ministers of the Republic of Uzbekistan offers on the changes and amendments in the legislation following from this Decree.

9. To impose control of execution of this Decree on the Prime Minister of the Republic of Uzbekistan A. N. Aripov, the Counselor of state of the President of the Republic of Uzbekistan R. R. Inoyatov and the Attorney-General of the Republic of Uzbekistan O. B. Murodov.

President of the Republic of Uzbekistan

Shavkat Mirziyoev

Appendix № 1

to the Presidential decree of the Republic of Uzbekistan of April 11, 2018 No. UP-5409

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