of May 25, 2000 No. 71-II
About licensing of separate types of activity
This Law governs the relations connected with licensing of separate types of activity.
The legislation on licensing of separate types of activity consists of this Law and other acts of the legislation.
Features of licensing of some types of activity are established by the law.
Operation of this Law does not extend to the relations arising in case of export licensing and commodity import (works, services), use of intellectual property items and also under the agreement of the complex entrepreneurial license (the agreement on franchizing).
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 licensing of separate types of activity then are applied rules of the international treaty.
In this Law the following basic concepts are applied:
the license - permission (is right) to the implementation of the licensed type of activity in case of obligatory observance of licensed requirements and conditions issued by the licensing body to legal entity or physical person;
the licensed type of activity - type of activity on which implementation in the territory of the Republic of Uzbekistan receipt of the license is required;
licensing - the complex of actions connected with process of giving and consideration of the application about licensing, suspensions or cancellation of the license, and also its cancellation and renewal;
licensed requirements and conditions - set of the requirements and conditions established by the legislation, which accomplishment by the licensee surely when implementing of the licensed type of activity;
licensing authorities - specially authorized bodies performing licensing according to the legislation;
the license applicant - the legal entity or physical person which filed in the licensing body petition for licensing for implementation of the licensed type of activity;
the licensee - the legal entity or physical person having the license for implementation of the licensed type of activity;
the license agreement - the agreement signed between the licensing body and the license applicant, governing the relations between them concerning obtaining and use by the licensee of the license for implementation of the licensed type of activity;
the register of licenses - set of databases of the licensing authorities containing data about the issued, suspended, renewed, renewed, cancelled licenses, and also about licenses which are terminated.
State regulation in the field of licensing is performed by the Cabinet of Ministers of the Republic of Uzbekistan and licensing authorities.
Treats powers of the Cabinet of Ministers of the Republic of Uzbekistan:
determination of licensing authorities and procedure for licensing of the separate types of activity except as specified provided by the law;
determination of procedure for maintaining register of licenses for the territories of the Republic of Uzbekistan;
control of observance of the legislation by licensing authorities in the field of licensing of separate types of activity;
implementation of separate types of licensing.
Treats powers of licensing authorities:
licensing of separate types of activity according to the legislation;
in the cases provided by the law, approval of regulations on procedure for licensing of the corresponding types of activity;
control of observance by licensees of licensed requirements and conditions;
renewal of licenses;
suspension, renewal of action of licenses;
cancellation of licenses;
cancellation of licenses;
maintaining register of licenses.
Licensing authorities have no right to create or participate as founders (participants) in activities of the companies, organizations and organizations which are engaged in types of activity which are licensed by these bodies, except as specified, stipulated by the legislation.
Types of activity which implementation can entail causing damage to the rights and legitimate interests, health of citizens, public safety and which regulation cannot be performed by other methods, except as licensing belong to the licensed types of activity.
Types of activity on which implementation licenses are required are determined by legal acts.
The Cabinet of Ministers of the Republic of Uzbekistan can prohibit implementation of the separate licensed types of activity by the physical persons performing business activity without formation of legal entity (individual entrepreneurs), except as specified, provided by the law.
The state unitary enterprises and organizations created by decisions of the President of the Republic of Uzbekistan or the Cabinet of Ministers of the Republic of Uzbekistan, having the right to perform the licensed types of activity without receipt of the corresponding license provided that implementation of these types of activity is provided by decisions of the President of the Republic of Uzbekistan or the Cabinet of Ministers of the Republic of Uzbekistan. This rule does not exempt the specified companies and organizations from accomplishment of licensed requirements and conditions, and also other requirements connected with implementation of the licensed types of activity shown according to the legislation.
Licenses can be standard (simple) and individual.
The licenses granted to unrestricted circle of legal entities and physical persons belong to standard (simple) licenses if they meet the uniform conditions and requirements imposed to implementation of the corresponding type of activity.
The licenses granted to legal entities and physical persons on the basis of special requirements and conditions, granting to licensees the exclusive rights when implementing this type of activity and limited in quantity belong to individual licenses. Individual licenses are limited in quantity on the action territory, on object of activities or for other bases determined by the Cabinet of Ministers of the Republic of Uzbekistan.
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