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PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of May 23, 2018 No. UP-5446

About measures for radical increase in efficiency of use of budgetary funds and enhancement of mechanisms of fight against economic crimes

(as amended on 28-06-2021)

[Extraction]

In recent years the accelerated rates carry out the creative work directed to radical improvement of quality of life of the population. The legal basis becomes stronger and institutional mechanisms of business are enhanced, measures for increase in investment appeal of the country are taken.

At the same time continue to take place the facts of plunder and inappropriate use of budgetary funds that negatively influences efficiency of the undertaken large-scale reforms.

Modern development of the market relations and need of protection of fair subjects of entrepreneurship also require cardinal review of forms and methods of fight against economic crimes, timely identification of mechanisms of forming of "shadow economy", channels of uncontrollable foreign exchange outflow, and also strengthening of system work on optimization of import and to stimulation of export of domestic goods.

With respect thereto, need of radical review of tasks, functions and powers of Department on fight against tax, currency offenses and legalization of the criminal income under the Prosecutor General's Office of the Republic of Uzbekistan which activities not fully answer modern realities of development of economy, support of entrepreneurship, fight against economic crimes and corruption ripened.

For the purpose of further creating favorable conditions for business and investment attraction, suppression of the facts of plunder and irrational use of budgetary funds, and also increase in efficiency of fight against economic crimes and corruption:

1. Transform Department on fight against tax, currency offenses and legalization of the criminal income under the Prosecutor General's Office of the Republic of Uzbekistan to Department on fight against economic crimes under the Prosecutor General's Office of the Republic of Uzbekistan (further - Department).

Determine that the Department is:

the independent specialized law enforcement agency under the Prosecutor General's Office of the Republic of Uzbekistan performing operational search activities, investigation verification and inquiry for economic and corruption crimes, the facts of legalization of the criminal income, financings of terrorism and financing of distribution of weapons of mass destruction, and also compensation of the economic damage caused as a result of making of the specified crimes;

specially authorized state body concerning counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction;

the legal successor of Department on fight against tax, currency offenses and legalization of the criminal income under the Prosecutor General's Office of the Republic of Uzbekistan by its rights, obligations and agreements, including international.

2. Determine the main objectives of Department:

the first - implementation of the complex analysis of activities for fight against economic crimes and corruption, legalization of income gained from criminal activities, financing of terrorism and financing of distribution of weapons of mass destruction, development of offers on further enhancement of the legislation and law-enforcement practice;

third - identification of the facts of plunder and inappropriate use of means of budgets of the budget system, overestimate of the prices in case of public procurements, groundless increase in receivables and payables in state bodies and the organizations, taking measures to compensation of the caused damage;

the fourth - counteraction to economic crimes and corruption in fuel and energy complex, bank and financial, tax, transport, construction and social spheres, elimination of their consequences the, and also reasons and conditions promoting them;

the fifth - fight against the facts of the conclusion of transactions contrary to interests of the state, detection of various schemes, channels of illegal outflow, import and export of foreign currency means, their illicit trafficking, forming of "shadow economy";

the sixth - fight against the wrongful acts connected with manipulation of the prices of socially important goods, creation of artificial deficit and excessive demand for them and also against turnover of substandard or counterfeited medicines and products of medical appointment;

the seventh - ensuring effective fulfillment of the legislation on counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction;

the eighth - interaction and information exchange with competent authorities of foreign states, the international profile and other organizations for fight against economic crimes and corruption, and also counteractions of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction;

the ninth - carrying out broad explanatory and scheduled maintenance on the prevention of economic and corruption offenses, legalizations of income gained from criminal activities, financing of terrorism and financing of distribution of weapons of mass destruction.

3. Create in structure of Department:

Management on fight against economic crimes and corruption based on Department of fight against tax offenses, Department of fight against currency offenses, Department of protection of the consumer market, Department of protection of the rights of subjects of entrepreneurship and fight against corruption;

Information analysis department and Organizational and control department based on Summary information and analytical management.

4. Approve:

Regulations on Department on fight against economic crimes under the Prosecutor General's Office of the Republic of Uzbekistan according to appendix No. 1;

Regulations on service in Department on fight against economic crimes under the Prosecutor General's Office of the Republic of Uzbekistan according to appendix No. 2;

The program of measures for enhancement of activities of Department for fight against economic crimes under the Prosecutor General's Office of the Republic of Uzbekistan according to appendix No. 3.

5. Establish procedure according to which since July 1, 2018:

SUE The Center of Complex Examination of Projects and Import Contracts under the Ministry of Economy and Industry of the Republic of Uzbekistan (further - the Center) systematically provides to Department necessary information on suspicious transactions when conducting by the Center examination of import contracts, and also drafts of state programs of development of the Republic of Uzbekistan;

10 percent from illegal expenses of budgetary funds are enlisted by state bodies and the organizations, receivers of budgetary funds, the amounts of plunders, wastes, the shortages revealed by results of the audits which are carried out by Department, checks and collected in the income of the Government budget and the state trust funds of the Republic of Uzbekistan in special off-budget fund of Department.

6. Grant to Department the right:

request and receive the data connected with movement of the state money according to bank accounts and the single treasurer account from the Central bank and the Ministry of Finance of the Republic of Uzbekistan;

on the basis of results of operational search activities to initiate in accordance with the established procedure checks in the state organizations and the companies in which authorized capital there is share of the state, and also in other business entities, irrespective of pattern of ownership, concerning expenditure of means of budgets of the budget system and the state trust funds of the Republic of Uzbekistan, foreign grants provided within prisoners by the President of the Republic of Uzbekistan and the Government of the Republic of Uzbekistan of contracts with the donor countries, the international, foreign government and non-governmental organizations and also the foreign loans attracted under guarantee of the Republic of Uzbekistan;

use physical force and special means for the purpose of identification, suppression and prevention of economic and corruption offenses in the cases and procedure provided by acts of the legislation;

request the state organizations and the companies in which authorized capital there is share of the state, and also other business entities, irrespective of pattern of ownership, the data and explanation, necessary for identification of the facts of inappropriate use of budgetary funds, abuses and corruption in case of their distribution;

receive, generalize, carry out the analysis, perform check and storage of information in the sphere of counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction and also in the presence of good causes to direct instructions about suspension for the term of no more than thirty working days of transactions with money or other property, having assigned this function only to Management on counteraction of legalization of income gained from criminal activities and financing of terrorism of Department;

get access to the database of the state bodies and the organizations used for realization of the tasks assigned to Department;

place available extrabudgetary funds in national and foreign currency, and also the funds which are on deposit accounts of Department for deposits in commercial banks of the Republic of Uzbekistan.

Determine that:

territorial subdivisions of Department have no right to receive messages, to send instructions and inquiries by transactions with money or other property in the sphere of counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction;

income gained from investment of funds is enlisted in special off-budget fund of Department with the direction of this income on strengthening of material and technical resources, social protection and material stimulation of employees, and also other purposes, stipulated by the legislation.

7. Determine that:

heads of the organizations performing transactions with money or other property bear the personal responsibility for execution of requirements of Rules of internal control for counteraction of legalization of income gained from criminal activities, financing of terrorism and financing of distribution of weapons of mass destruction (further - Rules);

monitoring and control of observance of Rules is exercised by Department, including together with the bodies which approved these Rules, without intervention in financial and economic organization activity, performing transactions with money or other property;

bodies of currency exchange control shall provide in Department the information on currency offenses necessary for conducting single centralized accounting and taking measures according to the legislation;

on the facts of tax avoidance and other obligatory payments, abuses of regulations of trade or rendering services criminal cases are brought by Department only after thirty days from the date of obtaining by business entity of the notification of Department on committed offense and the extent of the caused damage and in case of not compensation during the specified term of damage caused to the state in type of tax and other obligatory payments, including penalty fee and other financial sanctions, and also not elimination of consequences of abuse of regulations of trade or rendering services and not compensation of the caused material damage. At the same time this requirement does not extend to officials of the business entities who earlier committed similar crimes.

8. Ceased to be valid according to the Presidential decree of the Republic of Uzbekistan of 15.03.2019 No. UP-5690

9. To department and Ministry of development of information technologies and communications of the Republic of Uzbekistan:

in a month to develop and implement software products for automation of selection and processing of messages on suspicious transactions in the sphere of counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction, and also transactions with high risk of unreasonable foreign exchange outflow;

together with the interested ministries and departments in two-month time to develop package of measures for ensuring access of territorial administrations of Department to databases and information systems of the Central bank, Ministry of Finance, Ministry of Economics, Ministry of Internal Affairs, State Customs Committee, State Tax Committee, State committee of the Republic of Uzbekistan on land resources, geodesies, cartography and the state inventory and other departments for the purpose of effective fulfillment of the tasks assigned to Department.

Determine source of financing of the actions provided by this Item, fund of development of information and communication technologies.

10. To the Prosecutor General's Office of the Republic of Uzbekistan:

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