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PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of May 5, 2017 No. UP-5037

About organization of institute of the Comissioner for the President of the Republic of Uzbekistan on protection of the rights and legitimate interests of subjects of entrepreneurship

(as amended on 15-03-2019)

For the purpose of strengthening of guarantees of protection of the rights and legitimate interests of subjects of entrepreneurship, the prevention of unreasonable intervention of state bodies in their activities, further strengthening of legal mechanisms of immunity of private property, and also ensuring principle of priority of the rights of subjects of entrepreneurship:

1. Found institute of the Comissioner for the President of the Republic of Uzbekistan on protection of the rights and legitimate interests of subjects of entrepreneurship (further - the Representative for protection of the rights of entrepreneurs).

2. Determine the main objectives and activities of the Representative for protection of the rights of entrepreneurs:

participation in forming and realization of state policy in the field of development of business activity, protection of the rights and legitimate interests of subjects of entrepreneurship;

control of observance of the rights and legitimate interests of subjects of entrepreneurship by state bodies, including law enforcement and monitoring bodies;

rendering legal support to subjects of entrepreneurship when implementing checks of their activities;

studying of practical realization of regulations and requirements of the legislation on guarantees of freedom of business activity;

efficiency evaluation of impact of the adopted regulatory legal acts on implementation of business activity;

preparation of suggestions for improvement of the legislation directed to strengthening of legal guarantees of subjects of entrepreneurship, stimulation of their development.

3. Determine that:

The representative for protection of the rights of entrepreneurs performs the powers independently and irrespective of state bodies, their officials and in the activities is accountable to the President of the Republic of Uzbekistan;

The representative for protection of the rights of entrepreneurs on system basis provides to the President of the Republic of Uzbekistan information on compliance with law condition on protection of the rights and legitimate interests of subjects of entrepreneurship by state bodies, including law enforcement and monitoring bodies;

The representative for protection of the rights of entrepreneurs and his deputy are appointed to position and dismissed by the President of the Republic of Uzbekistan;

Upolnomochenny on protection of the rights of entrepreneurs according to the status, payment terms of work, medical and transport service is equated to the deputy of the Counselor of state of the President of the Republic of Uzbekistan, the deputy Upolnomochennogo for protection of the rights of entrepreneurs - to the manager of the sector of the office of the President of the Republic of Uzbekistan;

activities of the Representative for protection of the rights of entrepreneurs are provided with the office of the Representative for protection of the rights of entrepreneurs, being the legal entity;

workers of the office of the Representative for protection of the rights of entrepreneurs are appointed to position and dismissed by the Representative for protection of the rights of entrepreneurs to whom the conditions of medical attendance, material stimulation and compensation established for workers of the office of the President of the Republic of Uzbekistan extend.

for the Representative for protection of the rights of entrepreneurs and workers of its device allowances and surcharges for long service, the military and special ranks (class ranks, qualification classes, diplomatic ranks and others) appropriated still to place of employment remain;

operating time in the office of the Representative for protection of the rights of entrepreneurs joins in length of service for assignment of the next military and special rank on which allowances, including for long service are charged and paid;

assignment of military and special ranks in operating time in the office of the Representative for protection of the rights of entrepreneurs is made after the terms necessary for assignment of the corresponding military and special ranks, according to the procedure, provided still to place of employment, based on the recommendation of the head of the relevant structural division of the office of the President of the Republic of Uzbekistan or the Representative for protection of the rights of entrepreneurs.

3-1. Extend to workers of the office of the Representative for protection of the rights of the entrepreneurs having class ranks of bodies and organizations of justice, action of paragraphs two - the fourth Item 12 of the resolution of the President of the Republic of Uzbekistan of April 13, 2018 No. PP-3666 "About organizational measures for further enhancement of activities of the Ministry of Justice of the Republic of Uzbekistan" with preserving all payments operating in the office of the Representative for protection of the rights of entrepreneurs.

The expenses connected with implementation of actions, provided by paragraph one of this Item, are made at the expense of means of the Government budget of the Republic of Uzbekistan.

4. Ceased to be valid according to the Decree the President of the Republic of Uzbekistan of 15.03.2019 No. UP-5690

5. Grant the right to the Representative for protection of the rights of entrepreneurs:

carry out studying of strict execution of the legislation on observance of the rights and legitimate interests of subjects of entrepreneurship by state bodies, including law enforcement and monitoring bodies;

perform monitoring of legality of conducting checks of activities of subjects of entrepreneurship, make offers on acceptance of complex measures for the prevention of the facts of illegal intervention in activities of subjects of entrepreneurship;

to announce in writing to officials of state bodies and other organizations of caution inadmissibility of violation of the law on observance of the rights and legitimate interests of subjects of entrepreneurship;

bring to heads of state bodies and other organizations of idea of elimination of the revealed violations of the law, the reasons and conditions promoting them obligatory for execution at the scheduled time;

turn to the courts with statements and claims for the benefit of subjects of entrepreneurship without payment of the state fee;

request and receive from state bodies and the organizations statistical, analytical materials, the conclusions and other information on the questions entering its competence;

participate in meetings of the state bodies connected with consideration of questions of protection of the rights and legitimate interests of subjects of entrepreneurship;

involve, if necessary, heads and specialists of state bodies, scientific institutions and other organizations, to create working groups for implementation of the tasks assigned to it;

appeal the acts of courts which took legal effect adopted concerning subjects of entrepreneurship, according to the procedure, established by the legislation, except for the economic disputes arising between subjects of entrepreneurship, and also the disputes which are not connected with business activity;

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