of November 14, 2024 No. UP-184
About measures for reliable protection of the rights and legitimate interests of entrepreneurs
(Extraction)
For the purpose of ensuring execution of the priority tasks determined within the fourth open dialogue of the President of the Republic of Uzbekistan with entrepreneurs spent on August 20 the current year, and also enhancement of mechanisms of assistance to entrepreneurs in conducting activities by them with observance of requirements of the legislation and early prevention of offenses, reliable protection of the rights of entrepreneurs and further increase in responsibility of monitoring bodies:
1. Agree with proposals of the Representative for protection of the rights and legitimate interests of subjects of entrepreneurship (further - Business ombudsman), the Supreme Court, the Prosecutor General's Office, the Ministry of Justice, the Tax Committee and Chamber of Commerce and Industry, providing:
a) cancellation since January 1, 2025 of financial sanctions for implementation of business activity by physical person without state registration as the individual entrepreneur;
b) cancellation since January 1, 2025 of the administrative responsibility for:
violation of procedure on display of fiscal marks;
abuse of regulations of obligatory digital marking of goods (products) means of identification by producers and importers for which the legislation establishes obligatory digital marking;
concealment of number of workers;
c) implementation since March 1, 2025 of procedure for return of the state fee to subjects of entrepreneurship and to citizens in case of the termination of legal proceedings because of the conclusion the parties of the voluntary settlement in the following sizes:
in Trial Court - 70 percent of the paid state fee;
in courts according to the claims submitted in appeal and cassation procedure - 30 percent of the paid state fee.
Business ombudsmanu together with the Supreme Court, the Ministry of Justice and the Tax Committee to introduce to the Cabinet of Ministers the bill on modification and amendments in legal acts proceeding from requirements of this Item in a month.
2. Approve the List of bodies, authorized to exercise control of activities of subjects of entrepreneurship (further - monitoring bodies), and spheres of their control according to appendix No. 1*.
At the same time the bodies and the organizations which are not included in this List and also for the questions which are not provided in spheres of their control are forbidden to hold control events in activities of subjects of entrepreneurship.
4. Determine that since January 1, 2025:
all inspections which are carried out in activities of subjects of entrepreneurship are performed according to the procedure of the notification Business ombudsmana by registration in the information system "Single State Control";
in activities of subjects of entrepreneurship according to appendix No. 2 * are performed according to the procedure of the notification Business ombudsmana by registration in the information system "Single State Control" within 24 hours from the moment of the beginning of check in cases when the subject of entrepreneurship which is subject to check is not determined, and also for the purpose of the operational prevention or elimination of risks of damnification of life and to health of citizens, public safety, interests of the state, the environment;
risks of making of offenses in activities of subjects of entrepreneurship are classified in the electronic Risk analysis system as "low", "average" and "high" levels.
5. Establish procedure according to which holding preventive actions and checks of activities of subjects of entrepreneurship on the basis of results of the electronic Risk analysis system is performed in the following procedure:
the activities of subjects of entrepreneurship referred to risk level "low" are not subject to check by monitoring bodies;
in the activities of subjects of entrepreneurship referred to risk levels "average" and "high" the preventive events directed to the prevention of possible risks in their activities are held or performed;
the checks on concrete facts and circumstances directed to the prevention or elimination of risks of damnification of life and to health of citizens, public safety, the environment, interests of physical persons and legal entities and also the states, can be carried out irrespective of results of the electronic Risk analysis system;
the electronic Risk analysis system is conducted by tax and customs authorities according to Tax and Customs codes;
within the preventive actions in addition to the operating forms of prevention assistance is rendered remedial action in activities of subjects of entrepreneurship which can lead to offenses by results of filling the check sheet on the sample approved Business ombudsmanom and monitoring bodies.
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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