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LAW OF THE REPUBLIC OF UZBEKISTAN

of July 14, 2021 No. ZRU-701

About licensing, allowing and notifying procedures

Accepted by Legislative house on March 5, 2021

Approved by the Senate on April 23, 2021

Chapter 1. General provisions

Article 1. Purpose and scope of this Law

The purpose of this Law is regulation of the relations in the field of licensing, allowing and notifying procedures.

Operation of this Law does not extend to the relations connected with:

use of intellectual property items, and also the business activity performed based on the agreement of the complex entrepreneurial license (the agreement on franchizing);

state registration and registration of subjects of entrepreneurship, transactions, rights and property;

accreditation, certification, standardization, metrology and technical regulation;

state environmental assessment;

activities in the field of use of atomic energy;

issue to physical persons of the documents of allowing nature which are not specified in appendix No. 2 to this Law.

The licensing, allowing and notifying procedures carried to powers of the Central bank of the Republic of Uzbekistan according to appendices No. 1, 2 and 3 to this Law are performed according to the procedure, established by the laws governing the relations in the corresponding fields of activity.

Article 2. Legislation on licensing, allowing and notifying procedures

The legislation on licensing, allowing and notifying procedures consists of this Law and other acts of the legislation.

Features of licensing of some types of activity and allowing procedures are established by the law.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about licensing, allowing and notifying procedures then are applied rules of the international treaty.

Article 3. Basic concepts

In this Law the following basic concepts are applied:

the licensee - the legal entity or physical person having the license for implementation of the licensed type of activity or its subspecies;

the license - the document issued to physical person or legal entity, granting the right to implementation of the licensed type of activity or its subspecies in case of obligatory observance of licensed requirements and conditions;

licensing - complex of the actions connected with process of giving, acceptance and consideration of the application about licensing, issues, prolongation of term, suspension, renewal and cancellation of the license, and also cancellation, renewal and revocation of license;

the licensed type of activity - the type of activity determined by the law on which implementation in the territory of the Republic of Uzbekistan receipt of the license is required;

licensed, allowing and notifying requirements and conditions - set of the requirements and conditions established by the legislation which accomplishment is obligatory for physical persons and legal entities when implementing of the licensed types of activity or implementation of activities (actions) based on documents of allowing nature or in notifying procedure;

authorized bodies in the field of licensing, allowing and notifying procedures (further - authorized bodies) - specially authorized bodies and the organizations performing the licensing of separate types of activity, issue of documents of allowing nature and also accepting by means of special electronic system of the notification;

registers of licenses, documents of allowing nature and notifications - the databases of authorized bodies containing data about the licenses issued, extended, suspended, renewed, stopped, cancelled, renewed and revoked respectively, documents of allowing nature, and also about the notifications sent to authorized bodies by physical persons and legal entities;

subspecies of the licensed type of activity - the direction of the type of activity included in structure of the licensed type of activity;

the passport of the state services (further - the passport) - the document in the field of licensing, allowing and notifying procedures containing specific requirements and conditions, and also the data connected with process of licensing, passing of allowing and notifying procedures;

the allowing procedure - complex of the actions connected with process of giving, acceptance and consideration of the application about issue of the document of allowing nature, issue, prolongation of term, suspension, renewal and cancellation of the document of allowing nature, and also its cancellation, renewal;

the document of allowing nature - the document issued by authorized body in the form of permission, approval, the conclusion, and also in other forms, stipulated by the legislation, granting the right to implementation of certain activities (actions) in case of obligatory observance of allowing requirements and conditions;

the job seeker - the physical person or legal entity which addressed for receipt of the license or document of allowing nature;

the notification - the data sent by the informer to authorized body for a start (termination) of implementation of activities (actions) in notifying procedure;

the informer - the physical person or legal entity which sent to authorized body the notification and included in the register of notifications;

the notifying procedure - complex of the actions connected with process of the direction of the notification, adoption (rejection) of the notification, confirmation about adoption of the notification, and also suspension, renewal, the termination of activities (actions) of the informer and introduction of prohibition on implementation of activities (actions) in notifying procedure;

the principle "single window" - procedure for provision of services in case of which in cases when the authorized body for issue to the job seeker according to the license or the document of allowing nature needs receipt of the different other documents issued by other state bodies or the organizations, this authorized body requests and receives the specified documents independently without participation of the job seeker.

Article 4. The basic principles in the field of licensing, allowing and notifying procedures

The basic principles in the field of licensing, allowing and notifying procedures are:

legality;

openness of activities of authorized bodies when implementing activities in the field of licensing, allowing and notifying procedures;

priority of human rights and freedoms, legitimate interests of physical persons and legal entities, protection of life and health of citizens, protection of public safety and environment;

transparency of licensing, allowing and notifying procedures;

implementation of licensing and allowing procedures for the principle "single window".

Article 5. Bases for introduction of licensing and allowing procedures

Licensing and allowing procedures are entered in cases if implementation of separate types of activity (actions) by physical persons or legal entities can entail harming of life and to health of citizens, damage to the rights and legitimate interests of physical persons and legal entities, damage of public safety and (or) harm to the environment.

Article 6. Powers of the Cabinet of Ministers of the Republic of Uzbekistan in the field of licensing, allowing and notifying procedures

Cabinet of Ministers of the Republic of Uzbekistan:

provides realization of state policy in the field of licensing, allowing and notifying procedures;

determines procedure for licensing, passing of allowing and notifying procedures;

coordinates activities of the ministries, state committees and other state bodies in the field of licensing, allowing and notifying procedures.

The Cabinet of Ministers of the Republic of Uzbekistan can perform also other powers according to the legislation.

Article 7. Powers of the Agency of the state services under the Ministry of Justice of the Republic of Uzbekistan in the field of licensing, allowing and notifying procedures

The agency of the state services under the Ministry of Justice of the Republic of Uzbekistan:

studies practice of observance by authorized bodies of procedure for licensing, allowing and notifying procedures and performs its analysis;

performs permanent monitoring of observance by state bodies and other organizations of procedure for licensing, allowing and notifying procedures, including by means of special electronic system;

prepares suggestions for improvement of the legislation and law-enforcement practice in the field of licensing, allowing and notifying procedures.

The agency of the state services under the Ministry of Justice of the Republic of Uzbekistan can perform also other powers according to the legislation.

Article 8. Special electronic system

Special electronic system is the information system "License" covering processes of licensing, passing of allowing and notifying procedures, interdepartmental electronic interaction of authorized bodies, and also carrying out monitoring of accomplishment of licensed, allowing and notifying requirements and conditions, being open for physical persons and legal entities.

Operator of special electronic system is the Agency of the state services under the Ministry of Justice of the Republic of Uzbekistan.

In special electronic system are reflected:

1) processes of licensing, passings of allowing and notifying procedures including:

filing of application about licensing or the document of allowing nature or the prolongation of term of its action and documents attached to it;

consideration of the applications and decision making about issue or about refusal in issue of licenses or documents of allowing nature by authorized bodies;

receipt of licenses and documents of allowing nature electronically with the put-down QR code (matrix barcode);

sending notifications for the notification of authorized body on the beginning or the termination of activities and receipt of confirmations about adoption of the notification;

implementation of electronic payment of the state fee, charges for consideration of the application;

acceptance and consideration of the applications about renewal, suspension of action and cancellation of licenses and documents of allowing nature;

2) the processes of interaction of state bodies and organizations when implementing licensing, allowing and notifying procedures including:

independent obtaining from other state bodies and the organizations of additional documents and information, and also approval of them by the principle "single window";

maintaining registers of licenses, documents of allowing nature and notifications;

verification of information connected with licenses and documents of allowing nature, and also notifications through databases of the relevant state bodies and organizations;

3) the processes of carrying out monitoring of accomplishment of licensed, allowing and notifying requirements and conditions including:

implementation of remote monitoring by authorized bodies of observance of licensed, allowing and notifying requirements and conditions;

observation of consideration of the applications at each stage of licensing, passing of allowing and notifying procedures;

the appeal of authorized bodies to court in case of identification of offenses when implementing activities (actions) connected with observance of licensed, allowing and notifying requirements and conditions;

implementation of public control in the field of licensing, allowing and notifying procedures;

maintaining automatically the created rating of authorized bodies;

implementation of the risk analysis system taking into account features of the licenses granted by authorized bodies and documents of allowing nature, and also the activities performed in notifying procedure with determination of specific criteria of control of activities (actions) of physical persons and legal entities.

In special electronic system also other processes according to the legislation can be reflected.

Article 9. Implementation of the licensed types of activity by public institutions

The public institutions created by decisions of the President of the Republic of Uzbekistan or the Cabinet of Ministers of the Republic of Uzbekistan, having the right to perform the licensed types of activity without receipt of the corresponding license provided that implementation of these types of activity is provided by decisions of the President of the Republic of Uzbekistan or the Cabinet of Ministers of the Republic of Uzbekistan. This rule does not exempt the specified public institutions from accomplishment of licensed requirements and conditions.

Article 10. Implementation of licensing, allowing and notifying procedures by branches and representations of legal entities

The branches and representations created by legal entities do not require receipt of separate licenses and documents of allowing nature. At the same time in the licenses and documents of allowing nature which are earlier obtained by legal entities addresses of branches and representations with entering of changes by authorized bodies into these documents are specified.

The legal entities who created branches and representations prior to implementation by branches and representations of types of activity (actions) in notifying procedure shall notify on it authorized body by means of special electronic system or through the Single portal of interactive state services of the Republic of Uzbekistan (further - EPIGU). At the same time the authorized body enters information on the specified branches and representations in the register of notifications.

Branches and representations when implementing of the licensed types of activity, types of activity (actions), requiring receipt of the document of allowing nature, or implementation of activities (actions) in notifying procedure shall observe licensed, allowing or notifying requirements and conditions.

Article 11. Registers of licenses, documents of allowing nature and notifications

Registers of licenses, documents of allowing nature and notifications are kept electronically by means of special electronic system separately on each type of activity. Information containing in registers is open.

In registers of licenses, documents of allowing nature and notifications the following is reflected:

for the legal entity - the name, the location (postal address), the identification taxpayer number (ITN);

for physical person - surname, name and middle name, data of the identity document of physical person, the personal identification number of physical person (PINPP), the address of implementation of activities (actions);

information on the branches and representations performing the types of activity (actions) requiring notifications;

date and sequence numbers of the granted licenses, documents of allowing nature and notifications;

effective periods of licenses and documents of allowing nature - for licenses and documents of allowing nature issued on limited effective period;

type (subspecies) of activities (actions) on which implementation the license or the document of allowing nature is required, and also performed in notifying procedure;

bases and dates of renewal, prolongation, suspension, renewal, cancellation, cancellation of licenses and documents of allowing nature;

bases and dates of revocation of licenses;

information on suspension, renewal, the termination of activities (actions) of the informer, term of prohibition on implementation of activities (actions) in notifying procedure;

the bases and dates of modification of the license, document of allowing nature, and also the direction of the notification on change of the activities (actions) performed in notifying procedure;

remaining period of prohibition on implementation of activities (actions) in notifying procedure.

Article 12. Maintaining registers of licenses, documents of allowing nature and notifications

Registers of licenses, documents of allowing nature and notifications are kept for the purpose of ensuring the state accounting of licensees, persons who received documents of allowing nature and informers, and also implementation of the state control of observance by specified persons of licensed, allowing and notifying requirements and conditions.

Maintaining on permanent basis of registers of licenses, documents of allowing nature and notifications and entering into them of corresponding changes is assigned to authorized bodies.

Chapter 2. Licensing

Article 13. The licensed types of activity

The licensed types of activity are the types of activity specified in appendix No. 1 to this Law.

The license is granted separately on each licensed type of activity. According to the statement of the job seeker the license can be granted on subspecies (subspecies) of the licensed type of activity.

The type (subspecies) of activities on which implementation the license is granted can be performed only by the physical person or legal entity which obtained the license. Transfer of licenses or the rights on them is forbidden to other persons.

Activities on which implementation the license is granted can be performed in all territory of the Republic of Uzbekistan if other is not provided in licensed requirements and conditions.

Article 14. Authorized bodies in the field of licensing

Authorized bodies in the field of licensing:

accept and consider addresses of job seekers;

grant licenses or refuse their issue, extend the validity of licenses;

control observance by licensees of licensed requirements and conditions;

renew licenses;

stop, resume action of licenses;

cancel licenses or the stipulated in Article 33 presents of the Law take a legal action with the statement for their cancellation in cases and procedure;

change licenses;

keep the register of licenses.

Authorized bodies in the field of licensing can perform also other powers according to the law, and also regulations on licensing of separate types of activity and their passports.

Authorized bodies in the field of licensing have no right to create the companies, organizations and the organizations performing the activities licensed by these authorized bodies or to participate in their activities as founders, shareholders or participants, except as specified, provided by the law.

Article 15. License types

Licenses can be standard (simple) and individual.

The licenses granted to any number of job seekers belong to standard (simple) licenses if they meet the uniform licensed conditions and requirements imposed to implementation of the corresponding type of activity.

The licenses granted to job seekers on the basis of special licensed requirements and conditions, granting to licensees exclusive rights when implementing this type of activity belong to individual licenses. Individual licenses are limited in their quantity on the action territory, on object of activities or for other bases determined by the Cabinet of Ministers of the Republic of Uzbekistan.

Issue of individual licenses is performed, as a rule, on competitive (tender) basis.

The procedure and conditions of issue of individual licenses, including conditions of carrying out tenders (tenders), are determined by the Cabinet of Ministers of the Republic of Uzbekistan.

Article 16. License effective period

Licenses for implementation of the licensed types (subspecies) of activities are granted without restriction of term of their action, except for licenses for implementation:

medical activities;

pharmaceutical activities;

the activities connected with drug trafficking, psychotropic substances and precursors;

activities for cultivation, import (export), conversion, storage, realization (leave), acquisition and transportation of plant cannabis with drug content tetrahydrocannabinol to percent 0,2 in the industrial purposes which are not connected with production or production of drugs and psychotropic substances;

the activities connected with operation and rendering services of mobile radiotelephone (cellular) communication and networks of distribution of telebroadcasts;

activities in the field of production, conversion and oil sale, gas (including the natural and liquefied hydrocarbonic compressed) and gas condensate;

affinaging activities.

Effective periods of licenses for implementation of types (subspecies) of activities provided by paragraphs the second - the eighth part one of this Article, are established in regulations on licensing of separate types of activity and their passports, but there shall not be less than five years.

After license effective period it can be prolonged according to the statement of the licensee. The application for prolongation of effective period of the license is submitted to authorized body according to the procedure, the stipulated in Article 25 these Laws. Prolongation of effective period of the license is performed according to the procedure, provided for licensing.

Article 17. The state fee collected for issue, prolongation of effective period and change of the license

For issue, prolongation of effective period and change of the license the state fee is collected.

The sizes and payment procedure of the state fee for issue, prolongation of effective period and change of the license are established by the Law of the Republic of Uzbekistan "About the state fee".

For issue and prolongation of effective period of the license for subspecies of the licensed type of activity the reduced sizes of rates of the state fee can be established by the law.

On the following types of activity the annual state fees for action of the license are established:

concert and spectacular activities;

production of food and technical ethyl alcohol, alcoholic products;

activities in the field of wholesale trade by alcoholic products;

designing, construction, operation and rendering services of networks of telecommunications.

Article 18. Procedure for receipt by the licensee of the license for subspecies of the licensed type of activity

The licensee can expand the activities performed based on the license with other subspecies of the licensed type of activity.

In case of the address of the licensee having the license for the right of implementation of the licensed type of activity in certain area with the statement for licensing for activities subspecies in the same area, it provides to authorized body information meeting exclusively additional licensed requirements and conditions shown to the corresponding subspecies of activities. At the same time the authorized body makes changes to the license which is earlier received by the licensee concerning the corresponding subspecies of the licensed type of activity.

Chapter 3. Allowing procedures

Article 19. Types of activity (actions) which implementation requires receipt of the document of allowing nature

Types of activity (actions) which implementation requires receipt of the document of allowing nature are the types of activity (actions) specified in appendix No. 2 to this Law.

Article 20. Authorized bodies in the field of allowing procedures

Authorized bodies in the field of allowing procedures:

accept and consider addresses of job seekers about issue, prolongation of term, suspension, action renewal, renewal and cancellation of the document of allowing nature;

issue the document of allowing nature or reasonable refusal in its issue in the terms established according to requirements of this Law and regulations on procedure for passing of allowing procedures;

keep the document register of allowing nature;

provide on a grant basis on oral or written, including directed in the form of the electronic document, to request of job seekers the complete information and qualified consultations (explanations) concerning allowing procedures;

create conditions for free acquaintance by job seekers with procedure for passing of allowing procedures and free submission of the documents necessary for receipt of documents of allowing nature;

issue documents of allowing nature electronically;

in the cases provided by articles 32 and 33 of this Law make decisions and (or) initiate consideration judicially of questions of suspension of action or cancellation of documents of allowing nature.

Authorized bodies in the field of allowing procedures can perform also other powers according to the law, and also regulations on procedure for passing of allowing procedures and their passports.

Article 21. Effective period of the document of allowing nature

Effective period of the document of allowing nature, as a rule, is not limited, except as specified, the allowing procedures provided by regulations on procedure for passing and their passports, and also documents of allowing nature which are issued for accomplishment of one-time action.

After effective period of the document of allowing nature it can be prolonged according to the statement of the job seeker. The application for prolongation of effective period of the document of allowing nature is submitted to authorized body according to the procedure, the stipulated in Article 25 these Laws. Prolongation of effective period of the document of allowing nature is performed according to the procedure, provided for issue of the document of allowing nature. The simplified procedure for prolongation of effective period of the document of allowing nature can be established by regulations on procedure for passing of allowing procedures.

The job seeker who was properly complying allowing requirements and conditions has the priority right to prolongation of effective period of the document of allowing nature if issue of this document is made on competitive (tender) basis. This benefit is applied if the proposal of the job seeker who was properly complying allowing requirements and conditions is equivalent to the optimum proposal of other job seeker participating in tender (tender).

Article 22. Collection for issue or prolongation of effective period of the document of allowing nature

For issue or prolongation of effective period of the document of allowing nature collection in the cases and the sizes established by regulations on procedure for passing of allowing procedures, and also their passports is levied.

The collection amount for issue or prolongation of effective period of the document of allowing nature is distributed according to the procedure, established by the legislation.

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