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RESOLUTION OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

of March 15, 2021 No. PP-5025

About measures for further enhancement of system of assessment of regulatory impact

For the purpose of improvement of quality of rule-making activities in the country, implementations in project development of regulatory legal acts of the new innovative methods of "smart regulation" giving opportunity of acceptance of deeply thought over and counted decisions with broad involvement of the public:

1. Take into consideration that within implementation of system of assessment of regulatory impact the requirement of obligatory carrying out public discussion of all drafts of regulatory legal acts is introduced.

Approve the offer of chambers of Oliy Majlis and Cabinet of Ministers on enhancement of system of evaluating regulatory impact providing obligation:

generalization of the offers and notes which arrived during public discussion of drafts of regulatory legal acts, their inclusion in the valuation report of regulatory impact, submission without fail to the body adopting the regulatory legal act, and also publications on the portal of discussion of drafts of regulatory legal acts;

returns without fail the accepting bodies of drafts of the regulatory legal acts which did not undergo public discussion, to their developers.

Establish procedure according to which the Ministry of Justice:

will organize comprehensive consideration by the interested ministries and departments of drafts of the regulatory legal acts having important economic and social and political value before carrying out their public discussion;

requires holding forums with participation of mass media and involvement of experts and representatives of the general public in the drafts of regulatory legal acts which caused reasonable notes of physical persons and legal entities in the course of their public discussion and returns such projects to developers for completion.

2. Determine that for the purpose of step-by-step implementation of system of assessment of regulatory impact:

a) till January 1, 2022 assessment of regulatory impact of drafts of the regulatory legal acts and the adopted regulatory legal acts providing is carried out:

introduction of new restrictions and new types of allowing procedures, licenses to business entities or distribution of the operating restrictions, allowing procedures and the licensed types of activity on more wide range of participants of the market;

introduction of additional requirements and conditions for receipt of allowing documents or licenses;

increase in requirements to the minimum size of the authorized capital of legal entities;

restriction (reduction) of the established rights of business entities or assignment for them of additional obligations or additional expenses;

establishment for business entities of any kinds of privileges, guarantees, preferences, and also provision of new, including exclusive rights by it;

b) since January 1, 2022 according to all drafts of regulatory legal acts and the adopted regulatory legal acts making impact on business activity, the rights, freedoms and legitimate interests of citizens, and also the environment assessment of regulatory impact is carried out.

3. Approve the Regulations on procedure for evaluating regulatory impact of drafts of regulatory legal acts and the adopted regulatory legal acts according to appendix providing:

implementation of three-stage procedure for evaluating regulatory impact in planning process and developments, and also after adoption of the draft of the regulatory legal act;

annual development and approval after carrying out public discussion by the Cabinet of Ministers till March 20 of the plan of evaluating regulatory impact of the adopted regulatory legal acts;

implementation of monitoring of execution of regulatory legal acts (legal monitoring) by state bodies and other organizations along with evaluating regulatory impact of regulatory legal acts taking into account its results when evaluating regulatory impact;

consideration without fail the relevant state bodies of the conclusions about the results of alternative assessment of regulatory impact prepared by physical persons and legal entities.

Recommend to the Supreme Court, the Prosecutor General's Office and the Ministry of Internal Affairs entering into the Ministry of Justice of offers on evaluating regulatory impact of regulatory legal acts taking into account results of generalization of materials of the cases considered in courts and also court, investigative, law-enforcement practice and the statistical reporting.

4. Determine that the Ministry of Justice:

coordinates activities for evaluating regulatory impact of state bodies, executive power at the local level and other organizations with rendering the methodical help;

performs monitoring of activities of state bodies and organizations for evaluating regulatory impact and public discussion of drafts of regulatory legal acts;

in cases of non-presentation of the answer (leaving without consideration) on arrived in the course of public discussion both recognized proved to project proposals of regulatory legal acts and the existing regulatory legal acts brings ideas of elimination of these shortcomings, obligatory for execution, in state bodies and the organizations;

creates the list of employees of the state bodies and organizations responsible for assessment of regulatory impact makes offers on increase in their qualification and enhancement of skills, including the organization for them training events abroad;

carries out systems analysis of indicators of the Republic of Uzbekistan in the corresponding international ratings, and also develops offers on their further improvement.

5. To the Ministry of Justice:

a) together with the Ministry of development of information technologies and communications till July 1, 2021:

provide enhancement of the portal of discussions of drafts of regulatory legal acts and Single electronic system of development and coordination of drafts of regulatory legal acts, having provided at the same time the public of possibility of observation of all process of evaluating regulatory impact of drafts of regulatory legal acts and the adopted regulatory legal acts, and also publication in mass media and placement on social networks of notifications on drawing of projects for public discussion;

make offers on implementation of the automated electronic program of the analysis of benefits and costs in process of evaluating regulatory impact of drafts of regulatory legal acts and the adopted regulatory legal acts;

b) together with the Ministry of Economic Development and reducings poverty, and also the Antimonopoly Committee till April 15, 2021:

implement practice of the organization of educational seminars for explanation to heads and ranking officers of state bodies and organizations of essence and procedure for evaluating regulatory impact of drafts of regulatory legal acts and the adopted regulatory legal acts according to this resolution on the basis of separately approved plans;

approve technique of evaluating regulatory impact of drafts of regulatory legal acts and the adopted regulatory legal acts, forms of questionnaires for participants of discussions and the corresponding reports.

6. Recommend to bodies of economic board and the companies with participation of the state, since January 1, 2022:

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