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ORDER OF THE MINISTRY OF COMMUNICATIONS OF THE REPUBLIC OF UZBEKISTAN

of January 30, 1997 No. 44

About suspension of action and revocation of licenses in the field of communication

According to the decision of the Commission of the Cabinet of Ministers of the Republic of Uzbekistan in the field of transport and communication (the protocol of 07.11.1996 N 7) for the purpose of enhancement of licensed activity, increase in responsibility of the companies (organizations) - licensees on accomplishment of conditions of licenses and regulation of procedure for suspension of action of the license and its withdrawal of PRIKAZYVAYU:

1. Approve and enact since February 1 of this year. "The temporary procedure for suspension of action and revocation of licenses in the field of communication" (is applied).

2. Note that the specified procedure is amendment to provisional regulations for the licensed activities in the field of communication (appendix 1-6 to the order of the Ministry of Communications of the Republic of Uzbekistan of 12.06.96 N 240).

3. To deputy ministers, heads of concerns, associations, telecommunications agencies to accept the above-stated procedure to management.

4. Administration of the ministry (Zukhrutdinov T.), GIS (Islamov Sh. Sh.) in ten-day time to bring the Temporary procedure to legal entities - licensees in the field of communication.

5. GIS (Islamov Sh. Sh.) by results of work in 1997 to make offers on refining or modification of the Temporary procedure.

6. Take into consideration that GIS (Islamov Sh. Sh.) is approved the schedule of conducting checks for 1997 with Republican council on coordination of activities of monitoring bodies.

7. Determine that unscheduled inspections of accomplishment of conditions of licenses are made by GIS only according to the solution of management of the Ministry of Communications.

 

Minister A. Dzhurabayev

Approved by the Order of the Ministry of Communications of the Republic of Uzbekistan of January 30, 1997, No. 44

Temporary procedure for suspension and revocation of license in the field of communication

1. General provisions

1.1. The legislation, regulations of the Republic of Uzbekistan provide that in case of identification of the bases the license for occupation can be cancelled by type of activity and the licensed activities of the companies (organizations) are stopped.

1.2. This document is developed for the purpose of regulation of relations between monitoring body and the companies (organizations) - owners of licenses in the field of communication, in dalneyshemlitsenziat, increases in responsibility and protection of their interests and are determined by procedure for suspension or termination of occupation types of activity in the field of communication.

1.3. Temporary procedure N215 "About Enhancement of Procedure for Issue of Special Permissions (Licenses for Occupation Separate Types of Activity", of 12.05.96 by N175 "About Approval of Regulations on Licensed Activity in the field of Transport and Communication", of 16.01.91 N13 "About Creation of the State Inspection of Communication of the Ministry of Communications of RUZ", the order of the Ministry of Communications of RUZ of 12.07.96 of N240 "About Licensing of Activities in the field of Communication" and provisional regulations on licensed activity is developed based on the legislation of the Republic of Uzbekistan, resolutions of the RUZ Cabinet of Ministers of 19.04.1994 (appendix 1-6 to the order of the Ministry of Communications of 12.07.96. N 240), decisions of the Commission of the Cabinet of Ministers of the Republic of Uzbekistan on licensing in the field of transport and communication (the protocol of 5.11.96 N 7) also extends to legal entities - licensees, irrespective of patterns of ownership and departmental accessory, the Ministry of Communications of the Republic of Uzbekistan and the State inspection of communication which is the authorized Ministry of Communications monitoring body of accomplishment of conditions of licenses.

2. Terms and determinations

2.1. The instruction - the written prevention shown to the licensee on the revealed violations legislative and regulations of the Republic of Uzbekistan and conditions of licenses and the establishing terms of their elimination.

2.2. Suspension of action of the license - suspension of operations of licensees by separate or all types of the licensed activities for certain term (up to 15 days) during which the licensee is forbidden to be engaged in type of activity.

2.3. Cancellation (response) of the license - complete cessation of activities of the company (organization) for types of the licensed activities in the field of communication.

As a rule, the withdrawal (cancellation) of licenses is preceded by suspension of action of the license.

2.4. The decision on suspension of action of the license is made by the Ministry of Communications of the Republic of Uzbekistan on representation of communication to the State inspectorate, and on cancellation (response) litsenziikomissiya of the Cabinet of Ministers on licensing in the field of transport and communication based on the official report of the Ministry of Communications of the Republic of Uzbekistan.

3. Conditions and procedure for suspension of action of the license

3.1. General cases in case of which action of licenses can be cancelled are determined by Resolutions of the Cabinet of Ministers of the Republic of Uzbekistan of 19.04.1994 N215 and of 12.05.1996 N 175, and also provisional regulations of the Ministry of Communications of the Republic of Uzbekistan for the licensed activities for types of communication (networks) of 01.07.96 (appendices 1-6 to the order of the Ministry of Communications of RUZ of 12.07.1996 N 240).

3.2. Suspension of operations of the licensee by hotel or all types, the established licenses is made on the following bases:

3.2.1. In case of identification of the violations (failure to carry out) of conditions of licensed activity stated in the Section 4 this provision.

3.2.2. According to the special decision of state governing bodies in case of special circumstances, emergency situations or holding especially important social and political actions.

3.2.3. Upon the demand of law enforcement agencies, the State Tax Committee, the Antimonopoly Committee and other bodies according to the legislation of the Republic of Uzbekistan, in dalneyshemorgan of the government and management.

3.2.4. If licensed activity on which the license is granted is not begun within 6 months with date of issue of the license.

3.2.5. In case of numerous (2 and more times) failure to carry out of instructions of GIS on the revealed violations (failure to carry out) of conditions of the license.

3.3. The period of suspension of action of the license - up to 15 days from decision date (the publication of the order of the Ministry of Communications).

3.4. Renewal of action of the license is made based on inspection statements of accomplishment of the instruction of GIS which was the basis for suspension of action of the license.

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