PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of July 27, 2018 No. UP-5490

About measures for further enhancement of system of protection of the rights and legitimate interests of subjects of entrepreneurship

In the country large-scale reforms on ensuring free implementation of business activity, creating favorable conditions for business and increase in investment appeal of the republic are undertaken.

Counter checks and all types of unscheduled inspections are for this purpose cancelled, number of the licensed types of activity and allowing procedures in the field of business activity are reduced and simplified. The specified measures have a positive impact on development of business environment in the country and the rating of the Republic of Uzbekistan on the international scene.

At the same time in the field of business activity number of system problems which solution will allow to eliminate the available obstacles in business development path, to attract foreign investments to the country and to provide the guaranteed protection of the rights and legitimate interests of entrepreneurs remains. In particular:

the first, the accepted Concept of enhancement of tax policy of the Republic of Uzbekistan directed to establishment of reliable partnership between monitoring bodies and fair subjects of entrepreneurship requires cardinal review of the operating system of checks, other types of the state control, and also procedure for collection of tax and other obligatory payments;

the second, accumulate in the artificial way of debt on tax and other obligatory payments, penalty fee and financial sanctions, formed in connection with availability in the legislation of the separate legal mechanisms which are not meeting the modern requirements;

third, the inefficient and excessive control functions of state bodies leading to violations of the rights and legitimate interests of subjects of entrepreneurship are effective;

the fourth, there are no complex regulation of organizational and procedural aspects of checks of activities of subjects of entrepreneurship and single complete monitoring system of their legality which do not allow to provide transparency of activities of monitoring bodies and to objectively estimate justification performed;

the fifth, the system of independent public control over activities of monitoring bodies providing openness, publicity and impartiality performed is not implemented;

the sixth, shortcomings of operating compensation mechanism to physical persons and legal entities of the losses connected with seizure of land for the state and social needs with demolition of real estate objects lead to violations of their rights and legitimate interests, undermine confidence of subjects of entrepreneurship to the state, and also reduce investment appeal of the country.

For the purpose of elimination of bureaucratic barriers on business development path, further strengthening of legal mechanisms of protection of subjects of entrepreneurship, improvement of the investment climate and business environment in the country:

1. Approve the proposal of the Comissioner for the President of the Republic of Uzbekistan on protection of the rights and legitimate interests of subjects of entrepreneurship, the Ministry of Finance, State Tax Committee and Chamber of Commerce and Industry of the Republic of Uzbekistan on debt write-off on the fixed tax and penalty fee added on these debts, and also the debts on financial sanctions and court costs (except for legal costs) formed at the time of entry into force of this Decree, which are registered:

behind the physical persons which lost the status of the individual entrepreneur till April 1, 2018, and the individual entrepreneurs (including temporarily suspended activities) who were not performing financial and economic activities since April 1, 2018;

behind physical persons to which the annual amount of the fixed tax for implementation of business activity without state registration is added.

Determine that debt write-off, specified in paragraph one of this Item, is performed in case of recovery of business activity or state registration in the procedure established by the legislation by persons listed respectively in paragraphs second and third this Item till July 1, 2019.

To render Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent together with territorial administrations of Chamber of Commerce and Industry of the Republic of Uzbekistan active assistance in recovery of business and financial and economic activity, and also state registration in the procedure for persons specified in this Item established by the legislation with submission to the Cabinet of Ministers of the Republic of Uzbekistan of monthly reports on results of the performed works.

2. Cancel procedure for one-time collection of the fixed tax on the physical persons performing activities without state registration as individual entrepreneurs estimated proceeding from the established rate on the corresponding type of activity in annual size.

3. To the State Tax Committee of the Republic of Uzbekistan:

a) together with Bureau of forced execution and Department on fight against economic crimes under the Prosecutor General's Office, the Ministry of Finance, the Ministry of Economics and the Supreme Court of the Republic of Uzbekistan to carry out inventory count to three-months time hopeless to debt collection on the taxes and other obligatory payments, penalty fee added on these debts, and also the debts on financial sanctions and court costs (except for legal costs) which are registered for subjects of entrepreneurship - legal entities, with further taking measures to write-off of the specified debt in accordance with the established procedure;

b) together with the Supreme Court, the Prosecutor General's Office, the Central bank, the Ministry of Finance and the State committee on assistance to the privatized companies and development of the competition to make in the Cabinet of Ministers of the Republic of Uzbekistan offers in a month on:

to procedure for suspension of operations of the individual entrepreneurs having the tax debt and to other obligatory payments and not performing business activity within two months;

to simplification of procedure for liquidation of the organizations which are not performing financial and economic activities, and also enhancement of mechanisms of write-off of bad debt of the idle organizations and the organizations which founders are absent long time.

4. Cancel since September 1, 2018:

the scheduled inspections which are not connected with financial and economic activities of subjects of entrepreneurship;

the inspections of activities of subjects of entrepreneurship which are carried out according to the procedure of control.

5. Determine that since September 1, 2018:

initiation of checks of activities of subjects of entrepreneurship is performed on the basis of results of the risk analysis system assuming initiation of checks proceeding from making risk degree by appropriate subject of entrepreneurship of violations of the law;

all inspections of activities of subjects of entrepreneurship which are carried out by monitoring bodies are subject to obligatory registration in the Single system of electronic registration of checks;

the inspections of activities of subjects of entrepreneurship which are carried out without registration in the Single system of electronic registration of checks are illegal;

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