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PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of August 13, 2019 No. UP-5780

About additional measures for strengthening of protection of private property and guarantees of the rights of owners, radical enhancement of system of the organization of works on support of entrepreneurial initiatives, and also expansion of access for subjects of entrepreneurship to financial resources and production infrastructure

Within strategy implementation of actions in five priority directions of development of the Republic of Uzbekistan in 2017 - 2021 the consecutive growth of entrepreneurship by means of essential simplification of procedures of business, improvement of infrastructure and expansion of financial sources is provided.

A number of programs for financial support of different segments of the population, including entrepreneurial initiatives of youth, needy and vulnerable citizens, and also small enterprises is initiated and is implemented. More 7,2 of trillion sum is directed only to program implementation "Each family - the entrepreneur".

At the same time there is number of unresolved problems, bureaucratic barriers and red tape take place, especially in case of allocation of the parcels of land, carrying out installation and construction works, connection to engineering and communication networks, ensuring access of subjects of entrepreneurship to production infrastructure, credit and other financial resources.

Officials do not realize immunity of the private property which is under protection of the state, illegality of withdrawal of private property including earlier privatized, under any pretexts, and demolition of property without reasonable need, and also allow unauthorized actions in case of allocation of the parcels of land that requires strengthening of guarantees of protection of constitutional rights of owners and increase in responsibility of these persons for assumption of similar offenses.

The specified shortcomings require the complex and operational solution, the coordinated interaction of state bodies of all levels under the single methodological beginning, creations of accurate and clear precepts of law of functioning of private property, realization of the parcels of land, holding tenders and demolition of the buildings and constructions which are not belonging to the state, supports of entrepreneurial initiatives, active involvement of general population in occupation business.

For the purpose of further strengthening of protection of private property and guarantees of the rights of owners, creation of additional impulse for development of entrepreneurship, support of entrepreneurial initiatives and projects, expansion of access for subjects of entrepreneurship to financial resources, increase in level of social inclusivity on places:

1. Warn about the personal responsibility of the chairman of the board of Ministers of the Republic of Karakalpakstan, hokim of areas, Tashkent, areas and cities, heads of the Ministry of construction, the State committee of the Republic of Uzbekistan on land resources, to geodesy, cartography and the state inventory (further - Goskomzemgeodezkadastr), and also their territorial subdivisions and other authorized state bodies for unconditional execution and strict observance of regulations of the Constitution of the Republic of Uzbekistan about immunity of private property, ensuring freedom of economic activity and entrepreneurship, protection against encroachments, creation of all necessary conditions for safety and enhancement of private property.

To the Prosecutor General's Office and the Comissioner for the President of the Republic of Uzbekistan on protection of the rights and legitimate interests of subjects of entrepreneurship (further - the Representative for protection of the rights of entrepreneurs):

establish system supervision (control) of inadmissibility of causing damage to private owners by violation of their rights, including illegal restriction and (or) deprivation of the property right, infringement of private property, including earlier privatized, imposings to the owner of obviously unacceptable conditions, including unreasonable requirements for cession of property or property rights, and also withdrawals of property or its compulsion on disclaimer on own property;

take necessary measures for prevention and non-admission of the facts of abuses and violation of legality from officials.

2. To the Cabinet of Ministers in two-month time to make offers on changes and amendments in the legislation, including in the Law of the Republic of Uzbekistan "About protection of private property and guarantees of the rights of owners", the guarantees of protection of the rights of owners for immunity of private property, free ownership, use and the order of the property belonging to them, full recovery providing further strengthening to owners of market value of the land area withdrawn for the state and social needs taking into account provisions of this Decree.

3. Determine the most important tasks of local executive bodies of all levels in the field of protection of the rights and interests of subjects of entrepreneurship:

ensuring strict observance of the principle of priority of the rights and legitimate interests of subjects of entrepreneurship, unconditional accomplishment of regulations of the legislation on responsibility of officials for illegal intervention and hindrance of business activity, non-admission of violation of the property rights and other property rights;

acceptance of systematic measures for broad involvement of the population in business activity, to further increase in steadily developing subjects of entrepreneurship, and also strengthening of work with the entrepreneurs who temporarily suspended the activities;

assistance in creation of small industrial zones based on the idle floor spaces and non-residential objects, allocation of the parcels of land in accordance with the established procedure through electronic online auction;

rendering the practical help in receipt of access to financial and to commodity raw material resources, engineering and communication networks, development by subjects of entrepreneurship of practical skills on the organization investment and production processes;

regular lighting in mass media, on official websites of state bodies of the existing opportunities, privileges and other measures of financial support for subjects of entrepreneurship;

rendering together with Chamber of Commerce and Industry and the Ministry of Justice of the Republic of Uzbekistan of the consulting help and information support, carrying out on places of seminars trainings on increase in financial and legal literacy of entrepreneurs;

assistance to entrepreneurs in the organization and holding business forums, exhibitions and fairs with ensuring broad participation in them domestic and foreign subjects of entrepreneurship;

rendering the practical help to entrepreneurs in search of reliable partners and the new markets of the made products, increase in the export potential.

4. Prohibit to Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas, Tashkent, areas and cities:

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