of January 12, 2022 No. 18
About additional measures for enhancement of procedure for the organization and holding electronic online auctions and tenders
(Extraction)
In pursuance of the Presidential decree of the Republic of Uzbekistan of September 14, 2021 No. UP-6313 "About Measures for Radical Enhancement of Contractual Relations" and resolutions 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", and also for the purpose of enhancement of procedure for the organization and holding electronic online auctions and tenders, the DECIDES: Cabinet of Ministers
1. Approve Regulations on procedure for the organization and holding electronic online auctions and tenders on electronic trade platform of "E-auksion" according to appendix No. 1 *, providing:
procedure for publication of the notification on holding electronic online auction, its carrying out, recognition cancelled and holding repeated auction, calculations for electronic online auction and registrations of its results;
features of procedure for realization on electronic trade platform of "E-auksion" of the execution of court resolutions and acts of other bodies of property, and also rights to use by subsoil plots arrested when providing;
procedure for publication of the notification on carrying out electronic tender, its carrying out, recognition cancelled and carrying out repeated tender, registration of results of tender and carrying out calculations;
procedure and terms of withdrawal of lot from electronic online auction (tender).
2. Approve the list of the interested ministries, departments and the organizations integrated with electronic trade platform of "E-auksion" according to appendix No. 2*.
3. To agency on management of the state assets of the Republic of Uzbekistan:
a) in a month together with the Ministry of development of information technologies and communications to approve the plan of practical actions for exchange of data on objects of trade, participants and processes between the ministries, departments and the organizations according to appendix No. 2 *;
b) in two-month time:
make in the Cabinet of Ministers offers taking into account the best foreign practices on carrying out audit of electronic trade platform of "E-auksion", including on increase in efficiency of systems of anti-corruption ("forenzik");
together with the Ministry of investments and foreign trade to approve the actions plan on promoting of electronic trade platform of "E-auksion" among foreign investors;
together with the interested ministries and departments to bring the regulatory legal acts adopted by them into accord with this resolution.
4. Make changes and additions to some decisions of the Government of the Republic of Uzbekistan according to appendix No. 3.
5. To impose control of execution of this resolution on the deputy prime minister of the Republic of Uzbekistan on financial and economic questions and reducing poverty - the Minister of Economic Development and reducing poverty of Kuchkarov D. A. and director of the Agency on management of the state assets of the Republic of Uzbekistan Ortikov A. Zh.
Prime Minister of the Republic of Uzbekistan
A. Aripov
*) Appendices No. 1-2 are not given.
Appendix No. 3
to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of January 12, 2022 No. 18
1. In Regulations on procedure for realization of fixed assets and the state-financed organizations and the state unitary enterprises which are not completed by construction of facilities, and also distributions of money from their realization, No. 343 approved by the resolution of the Cabinet of Ministers of December 31, 2009 (the joint venture of the Republic of Uzbekistan, 2009, No. 12, the Art. 84):
a) in Item 5:
word in paragraph three "on United electronic market place of "E-IJRO AUKSION" shall be replaced with words "on electronic trade platform of "E-auksion";
word in paragraph four "on E-IJRO AUKSION electronic trading platform shall be replaced with words "on electronic trade platform of "E-auksion";
word in paragraph five "on United electronic market place of "E-IJRO AUKSION" shall be replaced with words "on electronic trade platform of "E-auksion";
b) in paragraph four of Item 8 of the word "on United electronic market place of "E-IJRO AUKSION" shall be replaced with words "on electronic trade platform of "E-auksion";
c) in paragraphs three and the fourth Item 12 of the word "on United electronic market place of "E-IJRO AUKSION" shall be replaced with words "on electronic trade platform of "E-auksion".
2. In the resolution of the Cabinet of Ministers of October 6, 2014 No. 279 "About approval of regulations on procedure for privatization of objects of state-owned property":
a) in Item 1:
to exclude the paragraph of the sixth;
to consider paragraphs of the seventh and eighth respectively paragraphs the sixth and seventh;
b) in appendix No. 3:
in paragraph four of Item 2 of the word "on E-IJRO AUKSION electronic trading platform shall be replaced with words "on electronic trade platform of "E-auksion";
in Items 26-1, 31, "on E-IJRO AUKSION electronic trading platform shall be replaced with words the 47-1 and 67 words "on electronic trade platform of "E-auksion";
c) Item in paragraph three 2, Items 30-1, 35-1, 50-1, 71-1 of appendix No. 4 of the word "on E-IJRO AUKSION electronic trading platform shall be replaced with words "on electronic trade platform of "E-auksion";
d) consider appendix No. 5 invalid.
3. In paragraph one of Item 2 and the paragraph the sixth item 4 of the resolution of the Cabinet of Ministers of March 22, 2018 "About measures for implementation of the electronic biddings in case of realization and provision in lease of the state assets of" the word "on E-IJRO AUKSION electronic trading platform shall be replaced with words No. 209 "on electronic trade platform of "E-auksion".
4. In the resolution of the Cabinet of Ministers of June 16, 2018 No. 454 "About approval of the Regulations on procedure for carrying out the electronic biddings on realization of objects of state-owned property and provision in lease of state-owned property":
a) to add Item 1 after the words "Regulations on Procedure" with words "preparation of materials for";
b) To state regulations on procedure for carrying out the electronic biddings on realization of objects of state-owned property and provision in lease of state-owned property in the following edition:
"Regulations on procedure for preparation of materials for carrying out the electronic biddings on realization of objects of state-owned property and provision in lease of state-owned property
Chapter 1. General provisions
1. This Provision determines procedure for preparation of materials for realization of the state shares in authorized capitals (authorized capital) of limited liability companies, the state real estate objects, and also provision in lease of state-owned property to non-state legal entities and physical persons by means of auctions and competitions held electronically.
2. Action of this provision does not extend to the relations arising:
a) in case of realization of objects of state-owned property:
based on the judgment;
the free economic zones located in the territories, technoparks and small industrial zones;
based on the decision of State commission on holding tenders in case of sale of state-owned property (further - the State tender commission) if other is not provided by its decision;
based on decisions of the President of the Republic of Uzbekistan or the Cabinet of Ministers if other is not provided by these decisions;
b) by transfer to lease:
objects of state-owned property at the "zero" rate;
the state-owned property which is in the territories of free economic zones, technoparks and small industrial zones;
personal estate;
based on decisions of the President of the Republic of Uzbekistan or the Cabinet of Ministers if other is not provided by these decisions.
3. For the purposes of this provision the following basic concepts are used:
the lessee - the non-state legal entity or physical person which signed the lease agreement of state-owned property on the conditions and according to the procedure established by this Provision;
the lessor - territorial administrations of the Center for the organization of effective use of the empty objects under Agency on management of the state assets of the Republic of Uzbekistan in the Republic of Karakalpakstan, areas and the city of Tashkent;
the asset holder - the legal entity to whom object of state-owned property is assigned implemented (provided in lease);
state-owned property - the property assigned to the state companies and state-financed organizations and also the property of legal entities (including the state-owned property which is in the territory of technopark) transferred to them without the order right (except as specified realization of objects of state-owned property with investment and other obligations) the manager of public property or authorized state body;
investment obligations - the obligations on implementation of investments into object of state-owned property assumed by the buyer in case of realization of object of state-owned property, having money value and performed in the forms which are not contradicting the legislation;
the tender documentation - the set of documents consisting of rules of carrying out tender, forms of the competitive offer which contain initial information on technical, commercial, organizational and other characteristics of object of state-owned property, and also on the conditions and the procedure of tender determined by the seller on electronic trade platform of "E-auksion";
the competitive offer - the offer to sign the agreement on the conditions determined in the tender documentation;
the initial price - the price established by the seller in case of exposure of object of state-owned property to the biddings;
objects of state-owned property - the real estate, property rights and the state shares belonging to the state on the property right;
operator - the state unitary enterprise "Center for the Organization of Electronic Online Auctions" under Agency on management of the state assets of the Republic of Uzbekistan, authorized to perform the organization and holding electronic online auctions (tenders) on electronic trade platform of "E-auksion";
the winner - the bidder who offered top price for object of state-owned property or the competitive proposal of whom as much as possible corresponds to tender conditions;
the buyer - the winning bidder who signed the purchase and sale agreement of object of state-owned property with the seller (further - the purchase and sale agreement);
the seller - Agency on management of the state assets of the Republic of Uzbekistan (further - the Agency) or its territorial administrations;
social obligations - the obligations assumed by the buyer in case of realization of object of state-owned property, which do not have money value and performed in the forms which are not contradicting the legislation;
electronic trade platform of "E-auksion" (further - platform) - the information system providing possibility of input, storage and the information processing necessary for the organization and holding electronic online auctions and tenders, and also direct access to processes of auctions and tenders and participation of the interested physical persons and legal entities;
tender conditions - the conditions determined by the seller concerning procedure for carrying out tender, quantity and the sizes of objects of state-owned property, encumbrance, investment and social obligations and requirements to participants;
electronic online auction (further - auction) - form of the auction held on platform by determination of the buyer (lessee) on competitive basis in case of which the right to the conclusion of the purchase and sale agreement (lease) of object of state-owned property is acquired by the participant who publicly offered the highest price;
the electronic document - the information fixed electronically, confirmed with the electronic digital signature (further - the EDS). The electronic document can be used as the proof of transaction;
electronic tender (further - tender) - form of the biddings on platform by determination of the buyer by means of the choice of the best offers provided by participants according to criteria and conditions of the tender documentation.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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