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Ministry of Justice

Republic of Uzbekistan

On January 28, 2016 No. 2757

RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF UZBEKISTAN, SERVICE OF THE HOMELAND SECURITY OF THE REPUBLIC OF UZBEKISTAN, PROSECUTOR GENERAL'S OFFICE OF THE REPUBLIC OF UZBEKISTAN, MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF UZBEKISTAN, STATE TAX COMMITTEE OF THE REPUBLIC OF UZBEKISTAN, STATE CUSTOMS COMMITTEE OF THE REPUBLIC OF UZBEKISTAN

of January 13, 2016 No. No. 1, 4, 2-kk, 1, 2016-02, 01-02/20-1

About approval of the Regulations on procedure for ensuring obligatory participation of lawyers in checks of activities of subjects of entrepreneurship for the brought criminal cases

(as amended on 08-06-2017)

According to article 39 of the Law of the Republic of Uzbekistan "About guarantees of freedom of business activity" the Ministry of Justice, Service of homeland security, the Prosecutor General's Office, the Ministry of Internal Affairs, the State Tax Committee and the State Customs Committee of the Republic of Uzbekistan decide:

1. Approve Regulations on procedure for ensuring obligatory participation of lawyers in checks of activities of subjects of entrepreneurship for the brought criminal cases according to appendix.

2. This resolution becomes effective from the date of its official publication.

Minister of Justice

M. Ikramov

Chairman of Service of homeland security

R. Inoyatov

Attorney-General

I. Abdullaev

Minister of Internal Affairs

A. Akhmedbayev

Chairman of the State Tax Committee

B. Parpiyev

Chairman of the State Customs Committee

Z.Dusanov

Appendix

to the Resolution of the Ministry of Justice, Service of homeland security, the Prosecutor General's Office, Ministry of Internal Affairs, State Tax Committee, State Customs Committee of the Republic of Uzbekistan of January 13, 2016 No. No. 1, 4, 2-kk, 1, 2016-02, 01-02/20-1

Regulations on procedure for ensuring obligatory participation of lawyers in checks of activities of subjects of entrepreneurship for the brought criminal cases

This Provision according to the Law of the Republic of Uzbekistan "About guarantees of freedom of business activity" determines procedure for ensuring obligatory participation of lawyers when conducting checks of activities of subjects of entrepreneurship for the brought criminal cases.

Chapter 1. General provisions

1. According to article 39 of the Law of the Republic of Uzbekistan "About guarantees of freedom of business activity" checks on the brought criminal cases at all stages of conducting checks are performed with obligatory participation of the subjects of entrepreneurship of lawyers attracted with authorized representatives (except as specified refusal of this right from subjects of entrepreneurship).

2. Prior to check by the official performing check, its right to involvement of the lawyer to participation in check or refusal of its participation is in writing explained to the authorized representative of the subject of entrepreneurship about what the protocol is constituted. At the same time the refusal of services of the lawyer is not obstacle for attraction of entrepreneurship by his subject at further stages of check.

3. If the subject of entrepreneurship expresses intention to involve the lawyer, the beginning of check stops for twenty four hours before arrival of the lawyer. If after twenty four hours the lawyer does not start protection of the subject of entrepreneurship, check begins without its participation.

In case the subject of entrepreneurship is attracted as the suspect or the person accused on criminal case, providing it with the lawyer is made according to the Code of penal procedure of the Republic of Uzbekistan.

Chapter 2. Providing the right of the subject of entrepreneurship to involvement of the lawyer for participation in check

4. The basis for conducting checks of activities of subjects of entrepreneurship by bodies of inquiry and the investigation is availability of the brought criminal case. At the same time the activities of the subject of entrepreneurship connected only with the brought criminal case can be covered by check about what it shall be specified in the resolution on purpose of check.

Prior to checks of activities of subjects of entrepreneurship, the resolution on purpose of check is shown to the authorized representative of the subject of entrepreneurship and its copy is handed to it under list.

5. The resolution on purpose of check shall be signed by person responsible for criminal proceeding, and is sealed official bodies of inquiry or investigation.

6. After acquaintance of the authorized representative of the subject of entrepreneurship with the resolution on purpose of check, the right to involvement of the lawyer is explained to it about what the protocol is constituted.

In the protocol shall be specified:

date, time and place of creation of the protocol;

surname, name, middle name and position of person which constituted the protocol;

whom, on what criminal case, when and based on what document check of activities of the subject of entrepreneurship is appointed;

full name and details of the subject of entrepreneurship which activities are subject to check;

surname, name, middle name, position of the authorized representative of the subject of entrepreneurship, and also data on identity documents of the representative and its power;

surnames, names, middle names and positions of persons which will perform check;

data on explanation to the authorized representative of the subject of entrepreneurship of the right of involvement of the lawyer for participation in check;

surname, name, middle name of the involved lawyer, the name of lawyer forming and details of the warrant for conducting case;

opinion of the authorized representative of the subject of entrepreneurship on the issue of involvement of the lawyer to participation in check or refusal of participation of the lawyer.

7. The protocol is constituted in triplicate, signed by the involved officials, the authorized representative of the subject of entrepreneurship and the lawyer. The first copy of the protocol join criminal case, the second and third copies are handed to the authorized representative of the subject of entrepreneurship and the lawyer.

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