of July 15, 2009 No. 200
About enhancement of procedure for withdrawal, realization or destruction of the property which is subject to the address to the income of the state
According to the Law of the Republic of Uzbekistan "About execution of court resolutions and acts of other bodies" and for the purpose of enhancement of procedure for control, accounting and realization of property, and also the money which is subject to the address to the income of the state, the Cabinet of Ministers decides:
1. Approve Regulations on procedure for withdrawal, realization or destruction of the property which is subject to the address to the income of the state according to appendix No. 1.
2. Paragraph two of Item 14 of the Regulations on procedure for the identification, accounting and the address to state-owned property of ownerless premises approved by the resolution of the Cabinet of Ministers of January 21, 2006 No. 8 (joint venture of the Republic of Uzbekistan, 2006, No. 1, Art. 4), to exclude.
3. Recognize invalid some decisions of the Government of the Republic of Uzbekistan according to appendix No. 2.
4. To the ministries and departments to bring the departmental regulatory legal acts into accord with this resolution in a month.
5. To impose control of execution of this resolution on the First Deputy Prime Minister of the Republic of Uzbekistan Azimov R. S.
Prime Minister of the Republic of Uzbekistan
to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of July 15, 2009 No. 200
1. This Provision according to the laws of the Republic of Uzbekistan "About consumer protection", "About quality and safety of food products", "About certification of products and services", "About execution of court resolutions and acts of other bodies" determines procedure for withdrawal, accounting, storage, assessment and realization of the property which is subject to the address to the income of the state, and also its destruction.
based on judgments on criminal cases regarding objects and tools of crimes, and also physical evidences;
based on judgments on cases on administrative offenses regarding objects and tools of offenses, and also physical evidences;
based on judgments on criminal cases regarding compensation of damage caused to the state at the expense of the property arrested during inquiry, pretrial investigation or court for the purpose of ensuring property penalties;
based on resolutions of investigating bodies regarding objects and tools of crimes, and also physical evidences in case of diversion by production;
based on resolutions of customs authorities regarding the objects which are exported out of limits of the Republic of Uzbekistan and products which export is prohibited, and also imported on the territory of the Republic of Uzbekistan, transported (except the international transit), the stored tobacco products and alcoholic beverages which are not marked by excise stamps;
based on resolutions of tax authorities regarding the stored, implementable, illegally made tobacco products and alcoholic beverages which are not marked by excise stamps;
based on resolutions of Department on fight against tax, currency offenses and legalization of the criminal income under the Prosecutor General's Office of the Republic of Uzbekistan and its divisions on places regarding the stored, implementable, illegally made tobacco products and alcoholic beverages which are not marked by excise stamps.
3. Withdrawal of the property provided in Item 2 this provision (further - property), is performed by the official of authorized body according to the procedure and on the bases, stipulated by the legislation.
4. About withdrawal of property the official of authorized body constitutes the protocol in which shall be specified:
a) time and place of creation;
b) position, surname, name, middle name of person which constituted the protocol;
c) the information about the identity (surname, name and middle name, the address, passport data, etc.) of the owner of property and person from whom it is withdrawn, except as specified, when it is not possible to establish them;
d) the information about persons who were present at withdrawal if they are available;
e) place, time of making and essence of offense;
e) the regulation providing responsibility for this offense;
g) explanation of the offender;
h) the name and quantity of each withdrawn subject, its distinctive signs (weight, metric area, etc.). In case of withdrawal of securities the total quantity of the withdrawn securities, their type and the information about the issuer of securities is specified;
i) about ensuring safety of the withdrawn property, including by sealing of both objects, and places of their temporary storage if it was made.
The official of authorized body bears responsibility for correctness of creation of the protocol on withdrawal of property, and also for specifying in it all data provided in this Item.
5. After withdrawal of property by the responsible official of authorized body in daily time the issue of its placement on storage is resolved.
At the same time the withdrawn property is, as a rule, transferred to storage to trade organizations with which territorial administrations of Bureau of forced execution under the Prosecutor General's Office of the Republic of Uzbekistan (further - Bureau) in accordance with the established procedure sign service provision agreements on realization of property, having the respective rooms for storage of property.
The withdrawn jewelry from precious metals and gemstones, precious metals (gold, silver, platinum and metals of platinum group - palladium, iridium, rhodium, ruthenium, osmium) in any kind and condition, natural gemstones in the crude and processed type (diamonds, diamonds, rubies, emeralds, sapphires, and also natural pearls), semiprecious stones, products with content of precious and semiprecious stones, pearls natural (further - precious metals and stones) is transferred to storage to the Central bank of the Republic of Uzbekistan. Other property requiring special conditions for storage (automotor-vehicles, medicines, etc.) can be placed on storage in rooms, on platforms, warehouses;
authorized body, with determination of person responsible for storage;
other companies and the organizations having the special storage facilities, the equipment and conditions meeting the established standards of safe custody of property.
The withdrawn cash in national or foreign currency (except for the money recognized by physical evidences) in three-day time is subject to delivery in bank for transfer on the special on-demand deposit account in national or foreign currency of the body which performed to their withdrawal. At the same time from the specified special on-demand deposit accounts money is written off according to the procedure, established by the legislation, only for their transfer to special accounts of the relevant departments of the Bureau of the area (city) opened according to Item 53 this provision and also for return to their owners in cases, stipulated in Item the 57th this provision.
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