LAW OF THE REPUBLIC OF UZBEKISTAN

of December 20, 2012 No. ZRU-341

About allowing procedures in the field of business activity

Accepted by Legislative house on November 8, 2012

Approved by the Senate on December 5, 2012

Article 1. Purpose of this Law

The purpose of this Law is regulation of the relations in the field of allowing procedures in the field of business activity.

Article 2. The legislation on allowing procedures in the field of business activity

The legislation on allowing procedures in the field of business activity consists of this Law and other acts of the legislation.

Operation of this Law does not extend to the following types of allowing procedures in the field of business activity:

state registration and registration of subjects of entrepreneurship, transactions, rights and property;

licensing of separate types of activity;

accreditation, certification, standardization, metrology and technical regulation;

state environmental assessment;

address of the state secrets.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about allowing procedures in the field of business activity then are applied rules of the international treaty.

Article 3. Basic concepts

In this Law the following basic concepts are applied:

authorized bodies - state bodies and other organizations to which acts of the legislation assign functions on issue to subjects of entrepreneurship of documents of allowing nature;

allowing requirements and conditions - set of the requirements and conditions established by the legislation which accomplishment by the subject of entrepreneurship is obligatory when making action and (or) implementing certain activities based on the document of allowing nature;

the document of allowing nature - the decision made and issued to the subject of entrepreneurship by authorized body, which is granting the right to making of actions and (or) implementation of certain activities in the field of business activity and acting in the form of permission, approval, the conclusion and also in other forms, stipulated by the legislation;

the allowing procedure in the field of business activity (the allowing procedure) - complex of the actions connected with process of giving and consideration of the application about issue, issues, prolongation of term, suspension, renewal, cancellation, renewal and cancellation of the document of allowing nature for making of actions and (or) implementation of certain activities.

Article 4. Determination of actions and (or) activities, for making and (or) implementation of which is necessary passing of allowing procedures

To actions and (or) activities, making and (or) implementation of which requires passing of allowing procedures, actions and (or) activities of subjects of entrepreneurship can be referred, making and (or) implementation of which can entail causing damage to the rights and legitimate interests of subjects of entrepreneurship, life and to health of citizens, public safety and harm to the environment which regulation cannot be performed by other methods, except allowing procedures.

Allowing procedures in the field of business activity are established by the legislation. Introduction of new types of the allowing procedures which are not provided by the law is forbidden.

Article 5. Basic principles of allowing procedures

The basic principles of allowing procedures are:

ensuring protection of the rights and legitimate interests of subjects of entrepreneurship, life and health of citizens, public safety and environmental protection;

inadmissibility of establishment of the allowing procedures limiting the competition;

transparency, openness and clearness of allowing procedures;

issue of documents of allowing nature in "one window";

unity of requirements to procedure for issue of documents of allowing nature;

priority of the rights of subjects of entrepreneurship.

Article 6. Ensuring protection of the rights and legitimate interests of subjects of entrepreneurship, life and health of citizens, public safety and environmental protection

Allowing procedures shall provide protection of the rights and legitimate interests of subjects of entrepreneurship, life and health of citizens, public safety and environmental protection.

Article 7. Inadmissibility of establishment of the allowing procedures limiting the competition

Allowing procedures shall not establish privileges and benefits to subjects of entrepreneurship when making of actions by them and (or) implementation of certain activities which limit the competition on commodity market (works, services).

Article 8. Transparency, openness and clearness of allowing procedures

Allowing procedures shall be transparent, open and clear for subjects of entrepreneurship.

Article 9. Issue of documents of allowing nature in "one window"

In cases when the authorized body for issue to the subject of entrepreneurship of the document of allowing nature needs receipt of the documents of allowing nature issued by other authorized bodies, issue of documents of allowing nature is performed in the simplified procedure in "one window" in case of which the authorized body receives the specified documents independently without participation of the subject of entrepreneurship.

Article 10. Unity of requirements to procedure for issue of documents of allowing nature

Requirements to procedure for issue of documents of allowing nature are single in all territory of the Republic of Uzbekistan concerning all authorized bodies and subjects of entrepreneurship.

Article 11. Priority of the rights of subjects of entrepreneurship

In relations of subjects of entrepreneurship with authorized bodies the principle of priority of the rights of subjects of entrepreneurship according to which all unremovable contradictions and ambiguities of the legislation on allowing procedures are interpreted for benefit of subjects of entrepreneurship is effective.

Article 12. Powers of the Cabinet of Ministers of the Republic of Uzbekistan in the field of allowing procedures

Cabinet of Ministers of the Republic of Uzbekistan:

coordinates activities of authorized bodies in the field of allowing procedures;

approves regulations on procedure for passing of allowing procedures;

determines procedure for maintaining the document registers of allowing nature issued by authorized bodies;

exercises control of execution of the legislation on allowing procedures.

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