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RESOLUTION OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

of July 24, 2021 No. PP-5197

About measures for simplification of procedure for holding electronic online auctions, increase in transparency and guaranteeing reliable protection of the rights of their participants

For the purpose of simplification and unification of procedure for the organization and holding electronic online auctions on electronic trade platform of "E-auksion", increase in openness and transparency of processes, reliable protection of the rights of participants, and also creations of conveniences to participation of the population in auctions:

1. Implement since September 1, 2021 single procedure for procedures of electronic online auctions on electronic trade platform of "E-auksion" (further - electronic trade platform) according to which:

the state unitary enterprise "Center for the Organization of Electronic Online Auctions" under Agency on management of the state assets (further - the Center) remotely on a grant basis provides to participants, including foreign citizens, the certificate of key of the digital signature for participation in auction;

the collection paid by physical persons and legal entities for exposure of objects to auction is cancelled;

the notification on holding the auction is published in 30 days prior to day of its carrying out;

participants are granted the right of introduction of the price offer on acquisition of the object which is not connected with bid increment from the moment of publication of the notification on holding the auction before the end of its process;

the opportunity of payment of payments within 10 working days if the amount of the implemented object constitutes less five-thousandfold size of basic settlement size and 15 working days if the cost of the implemented object is equal is given or exceeds the five-thousandfold size of basic settlement size, except as specified, determined by acts of the legislation;

in case of evasion of the winner of auction from payment of payments the winner and persons who are his direct founders are debarred from auctions on electronic trade platform as unfair participants. In case of non-payment of payments for the first time unfair participants are discharged of auctions for one year, for the second time - is termless;

realization of the objects offered for auction, and also execution of purchase and sale agreements is permitted only with participation in auction at least two participants.

Determine that this procedure extends to all asset types, realization or transfer to which lease according to acts of the legislation are performed by means of electronic trade platform.

2. For the purpose of guaranteeing reliable protection of the rights of participants of electronic online auctions to determine that:

since October 1, 2021 money by results of auction is accumulated on the special settlement account of the Center and transferred into the settlement account of the customer after confirmation of acceptance of object by the winner of auction;

the protocol on results of the electronic online auction for realization of automotor-vehicles held based on executive documents is the basis for their removal from prohibition and registration (registration) addressed to the winner of auction. At the same time the obligation on payment of the administrative penalties which are not sent for collection forcibly remains for the former owner of the automotor-vehicle;

cancellation or change of the protocol on results of auction for the reason of non-compliance with procedures, except violations of procedure for the organization and holding electronic online auction is not allowed.

3. Approve the offers of the Agency on management of the state assets, the Ministry of Economic Development and reducing poverty and the Ministry of Finance providing by means of electronic online auctions on electronic trade platform:

realization of shares, real estate, automotor-transport and other fixed assets of legal entities in which authorized fund the state share constitutes 50 percent and more and also legal entities in whose authorized fund 50 percent also more belong to legal entities in whose authorized fund the state share constitutes 50 percent and more (further - the companies with the state participation);

transfer to real estate lease, automotor-transport and other fixed assets of the companies with the state participation.

Determine that:

by transfer by the companies with the state participation of real estate in lease the starting price is established in the amount of minimum rate of the rent for use of the state-owned real estate, automotor-vehicles - minimum rate of the rent established for physical persons, other fixed assets - there is at least amount of the maximum regulation of the annual amount of the depreciation determined by the Tax code of the Republic of Uzbekistan;

data on transfer to lease or realization of real estate, motor transportation and other fixed assets, realization of shares, and also about results of electronic online auctions are posted by the companies with the state participation on official websites of the specified companies.

4. To agency on management of the state assets together with the Ministry of Finance, and also other ministries, departments and bodies of economic board which are carrying out tasks of shareholders (founders, owners) on behalf of the state:

in a month to initiate at meetings of governing bodies of the companies with the state participation approval of "road maps" on effective use, including realization or transfer to lease, share, real estate, automotor-transport and other fixed assets belonging to the specified companies;

in two-month time to begin exposure to electronic online auction on electronic trade platform of shares, real estate, automotor-transport and other fixed assets of the companies with the state participation for the purpose of their realization or transfer to lease.

5. Cancel since January 1, 2022 the requirement of notarial assurance of agreements for transfer to lease of automotor-vehicles by physical persons and legal entities by means of electronic online auction on electronic trade platform.

At the same time the protocol which is drawn up by results of electronic online auction is valid the lease agreement.

To the Ministry of Justice in two-month time to make to acts of the legislation the corresponding changes providing cancellation of the requirement of notarial assurance of agreements for transfer to lease of automotor-vehicles by means of electronic trade platform.

6. Take into consideration that the resolution of the President of the Republic of Uzbekistan of August 26, 2019 No. PP-4427 "About measures for further enhancement of procedures of provision of the free parcels of land of nonagricultural appointment and implementation of architectural construction works" determines creation in the centers of the state services of opportunity for participation of physical persons in electronic online auctions.

Approve offers of the Ministry of Economic Development and reducing poverty, the Ministry of Finance and Agency on management of the state assets on:

to introduction of regional representatives of the Center in the cities of Tashkent and Nukus, and also the regional centers in quantity on three units with assignment of tasks of the organization of advertizing work on them on the objects offered for auction, promoting of auction among the population, rendering assistance in high-quality preparation of information on the objects offered for auction;

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