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PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of September 15, 2021 No. UP-6314

About measures for further decrease in the administrative and tax load for subjects of entrepreneurship, to enhancement of system of protection of legitimate interests of business

For the purpose of the accelerated development of activities of subjects of entrepreneurship, decrease concerning them the administrative and tax load by enhancement of the state control and The Tax Specialist — the Assistant system, and also ensuring execution of the tasks determined within open dialogue of the President of the Republic of Uzbekistan with entrepreneurs who is carried out on August 20, 2021 on direct studying of problems and proposals of entrepreneurs and determination of the main directions of the subsequent development of entrepreneurship:

1. Determine that:

a) since October 1, 2021 are cancelled:

the obligation on delivery of tax statements to tax authorities by the individual entrepreneurs who are taxpayers on the income of physical persons in the fixed sizes;

prohibition on exposure to sale and realization in retail trade of some final import consumer goods after 12 months from the date of execution of the customs declaration;

b) from January 1, 2022 to January 1, 2023 the rate of the social tax established for the individual entrepreneurs performing activities in areas of the republic (except for the city of Tashkent), is determined with its reduction twice in the amount of 50 percent of basic settlement size.

To the Ministry of Finance till December 1, 2021 to introduce to the Cabinet of Ministers the bill "About Modification and Amendments in the Tax Code of the Republic of Uzbekistan" proceeding from this Item.

2. Confer to Chamber of Commerce and Industry power on confirmation of the force majeure circumstances (force majeure) arising within local agreements.

3. Agree with the offer of the Ministry of Justice Authorized on protection of the rights and legitimate interests of subjects of entrepreneurship and Chamber of Commerce and Industry about cancellation since October 1, 2021 of control functions of state bodies and public authorities on places according to appendix No. 1.

4. Determine that:

the list of the state control functions on check of compliance of activities of subjects of entrepreneurship to requirements of the legislation (further - mandatory requirements) affirms the law, thus after adoption of the relevant law implementation of the state control functions which are not included in the list is not allowed;

the list of the inspections which are carried out according to the procedure of the notification of authorized body join the checks connected with implementation of immediate control actions for prevention of risk of causing damage of life and to health of citizens, public safety, the environment and also exit tax audits;

since April 1, 2022 the electronic register of mandatory requirements step by step takes root. At the same time this register is created and kept by the Representative for protection of the rights and legitimate interests of subjects of entrepreneurship on the basis of the list of the mandatory requirements provided in accordance with the established procedure by state bodies and the organizations for spheres within their competences.

5. Establish procedure according to which since January 1, 2022:

monitoring bodies check activities of subjects of entrepreneurship for the questionnaire approved in accordance with the established procedure;

staff of Chamber of Commerce and Industry with the consent of this subject of entrepreneurship participates in check of activities of the subject of the entrepreneurship which is the member of Chamber of Commerce and Industry;

account of the Book of registration of checks is kept by the Representative in electronic form for protection of the rights and legitimate interests of subjects of entrepreneurship;

conducting checks of activities of subjects of entrepreneurship is allowed after implementation in accordance with the established procedure of preventive actions for prevention of offenses, except for tax audits, inspections which are carried out within criminal cases and operational search activities and also on the basis of addresses and data on violation of acts of the legislation.

6. To provide to the representative for protection of the rights and legitimate interests of subjects of entrepreneurship together with the Ministry of Justice, Chamber of Commerce and Industry and the interested ministries and departments till April 1, 2022 development and start of the information system "Single State Control" which is allowing to collect, to analyze and process the large volume of the data connected with the state control in the sphere of entrepreneurship, and also having the following opportunities:

forming and maintaining electronic registers of the state control functions, mandatory requirements, the officials having the right to conducting checks of activities of subjects of entrepreneurship;

electronic registration of checks and accounting of the Book of registration of checks;

online - training of subjects of entrepreneurship in the conforming mandatory requirements and implementation of mechanisms of independent check of compliance of activities to mandatory requirements;

carrying out estimates in accordance with the established procedure the checks performed by monitoring bodies.

7. Implement since 2022 the Index of freedom of business activity (further - the Index) directed to determination and simplification of level of administrative pressure upon subjects of entrepreneurship, and also prevention of offenses.

Determine that:

a) The index is constituted by the Representative for protection of the rights and legitimate interests of subjects of entrepreneurship by means of the information system "Single State Control" on the basis of such indicators as justification and legality of results of check, proportionality of preventive actions and checks, level of satisfaction of entrepreneurs with results of check;

b) monitoring bodies following the results of every half-year till August 1, following the results of year - till February 1 introduce to the Representative for protection of the rights and legitimate interests of subjects of entrepreneurship the analysis of the held control events;

c) The representative for protection of the rights and legitimate interests of subjects of entrepreneurship following the results of every half-year till September 1, following the results of year - till March 1 places in the information system "Single State Control" and publishes for data of the public information on results of the Index and data on often repeated offenses in activities of subjects of entrepreneurship, and also actions for prevention of their making.

8. Confer the personal responsibility on the Representative for protection of the rights and legitimate interests of subjects of entrepreneurship (D. Kasimov) and heads of monitoring bodies for complete and timely entering of data into the information system "Single State Control", and also for their reliability.

9. To the Ministry of Finance by reasonable calculations of the Representative for protection of the rights and legitimate interests of subjects of entrepreneurship to provide till November 1, 2021 assignment at the rate to 1 billion sum for development of the information system "Single State Control" at the expense of means of reserve fund of the Cabinet of Ministers.

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