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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of June 6, 2017 No. 360

About approval of Regulations on procedure for passing of allowing procedures in the field of subsurface use, dangerous works, production, turnover of dangerous goods and substances, explosive materials and other spheres

(as amended on 09-07-2019)

In recent years in the republic number of the measures directed to creating favorable conditions for the accelerated development of small business and private entrepreneurship, ensuring transparency of passing by subjects of entrepreneurship of allowing procedures in authorized bodies is implemented.

Within realization of the specified measures the Law of the Republic of Uzbekistan "About allowing procedures in the field of business activity" is adopted, the List of documents of allowing nature in the field of business activity is approved.

At the same time, because of personal irresponsibility and lack of due control from the chief of the State inspection Sanoatgeokontekhnazorat B. Gulyamov timely and high-quality preparation and entering into the Cabinet of Ministers for approval of drafts of relevant provisions about procedure for passing of allowing procedures are not provided.

For the purpose of streamlining of allowing procedures in the field of subsurface use, dangerous works, production, turnover of dangerous goods and substances, explosive materials and other spheres the Cabinet of Ministers decides:

1. For failure to provide timely and with proper quality of development and introduction of the draft of the order of the Government about measures for streamlining of allowing procedures in the field of subsurface use, dangerous works, production, turnover of dangerous goods and substances, explosive materials and other spheres to issue to the chief of GI "Sanoatgeokontekhnazorat" B. Gulyamov the reprimand.

2. Approve:

Regulations on procedure for passing of allowing procedures in the State inspectorate for supervision of geological studying of subsoil, safe operation in the industry, mining and the household sector under the Cabinet of Ministers of the Republic of Uzbekistan according to appendix No. 1;

Regulations on procedure for passing by subjects of entrepreneurship of allowing procedures in the field of turnover of explosive materials according to appendix No. 2.

3. To the ministries and departments to bring the regulatory legal acts adopted by them into accord with this resolution in a month.

4. To impose control of execution of this resolution on the Deputy prime minister of the Republic of Uzbekistan G. I. Ibragimov.

Prime Minister of the Republic of Uzbekistan
Abdullah Aripov

Appendix № 1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of June 6, 2017 No. 360

Regulations on procedure for passing of allowing procedures in the State committee of industrial safety of the Republic of Uzbekistan

Chapter 1. General provisions

1. This Provision determines procedure for passing by legal entities and physical persons (further - the applicant) allowing procedures in case of receipt of the documents of allowing nature issued by the State committee of industrial safety of the Republic of Uzbekistan (further - Goskomprombez).

The purposes of issue of documents of allowing nature in the field of subsurface use, dangerous works, productions, turnover of dangerous goods and substances and other spheres are:

a) in the field of subsurface use - enhancement of single requirements behind safe conducting mining operations when mining, and also implementing the state control of safe conducting mining operations;

b) in the field of production of dangerous works - control of safe operation of explosive technical devices and electroinstallations on the hazardous production facilities under control to Goskomprombez;

c) in the field of production - ensuring control of observance of rules of works on chemical protection of the equipment, pipelines, tanks and other reservoirs in which explosive, highly inflammable, toxic, toxic agents are stored and used;

d) in the field of turnover of dangerous goods and substances - establishment and implementation of constant state control in case of transit of explosives and products, safety in case of their transportation;

e) in other spheres - prevention of the facts of injury rate, accidents and incidents by means of admission exception to conducting special works of unprepared specialists or use of the equipment which is not meeting the requirements of regulating documents in the field of technical regulation in the field of industrial and radiation safety and also in case of operation of park attractions.

2. Issue of documents of allowing nature is performed according to the scheme according to appendix No. 1 to this Provision.

3. Documents of allowing nature are issued by Goskomprombez in forms according to appendices No. 2 - 4 to this Provision.

4. Documents of allowing nature are issued by Goskomprombez, its territorial administrations and mining inspections.

The list of the documents of allowing nature issued by territorial administrations and mining inspections of Goskomprombez is determined by the order of the chairman Goskomprombez and posted on the official website of Goskomprombez.

5. Documents of allowing nature are issued to applicants - legal entities.

Documents of allowing nature, stipulated in Item 1-7 appendices No. 5 to this Provision, are issued also to applicants - physical persons.

Chapter 2. Allowing requirements and conditions

6. To allowing requirements and conditions in case of issue of documents of allowing nature for making of action(s) and (or) implementation of certain type of activity, belong:

a) observance of mandatory requirements of regulatory legal acts and regulating documents in the field of technical regulation in spheres of industrial and radiation safety, use and protection of subsoil, and also operation of park attractions;

b) the availability of the corresponding material and technical resources and the qualified personnel allowing to make competently action(s) and (or) to perform certain type of activity, specified in documents of allowing nature, in the cases provided by regulatory legal acts and regulating documents in the field of technical regulation;

c) making of action and (or) implementation of certain type of activity in the limits specified in documents of allowing nature;

d) the notification of authorized bodies within seven working days after passing of re-registration about change of the name or the location (postal address) - for the applicant legal entity; change of surname, name, middle name or place of activities, specified in the granted certificate on state registration - for the applicant physical person;

e) payment of the determined collection sum for issue of the document of allowing nature, prolongation of term of its action, renewal, and also issue of the duplicate.

Chapter 3. Documents necessary for receipt of the document of allowing nature

7. For receipt of the document of allowing nature the applicant submits вГоскомпромбез the following documents:

 a) the statement for issue of the document of allowing nature with indication of action and (or) certain type of activity which the applicant intends to make or perform:

in form according to appendix No. 6 to this Provision - for the applicant - the legal entity;

in form according to appendix 6a to this Provision - for the applicant - physical person;

b) the document confirming payment by the applicant of collection for consideration of the application of the applicant about issue of the document of allowing nature (except as specified when for consideration of the application about issue of the document of allowing nature collection is not levied);

c) other documents specified in appendix No. 5 to this Provision.

8. The requirement from applicants of submission of documents, not stipulated in Item the 7th this provision, is not allowed.

9. The documents necessary for receipt of the document of allowing nature are represented by applicants to Goskomprombez directly, through means of mail service or electronically with the notification on their obtaining. The documents submitted electronically are confirmed by the digital signature of the applicant.

10. The documents submitted to Goskomprombez for receipt of the document of allowing nature are accepted according to the inventory which is without delay issued (goes) to the applicant with mark about date of documents acceptance.

According to the statement of the applicant the document of allowing nature can be issued in general on one or several types of activity or on its part.

11. Goskomprombez independently, in accordance with the established procedure, receives the documents and information, necessary for issue of the document of allowing nature, which are available in other authorized bodies by means of information exchange, including in electronic form, except for documents, stipulated in Item the 7th this provision.

Chapter 4. Consideration of the application (requests) and decision making about issue of documents of allowing nature or about refusal in their issue

12. For consideration of the application about issue of documents of allowing nature collection in double size of minimum wage is levied from the applicant (except as specified when for consideration of the application about issue of the document of allowing nature collection is not levied). The amount of collection is credited on treasurer personal account of Goskomprombez. In case of refusal the applicant from the submitted application for issue of the document of allowing nature the fee paid amount is not subject to return.

13. Goskomprombez:

considers the application and the provided applicant's materials, conducts examination of equipment of the applicant in the terms provided in appendix No. 5 to this Provision;

by results of inspection prepares the act of inspection which is the basis for issue or refusal in issue of the document of allowing nature;

in case of issue of documents of allowing nature conducts examination, except the allowing documents provided by Items 1, of 3, 4 appendices No. 5 to this Provision.

By consideration of documents of allowing nature according to Items 9, 12 (subitems "a", "g", "d", "e", "zh"), 13.2 (subitem "e") of appendix No. 5 to this Provision Goskomprombez within three working days from the date of receipt of the statement sends the written request by means of mail service or electronically for receipt of the relevant document from bodies of the Ministry of Health of the Republic of Uzbekistan and the Uzbek agency of standardization, metrology and certification.

Bodies of the Ministry of Health of the Republic of Uzbekistan and the Uzbek agency of standardization, metrology and certification consider documents and within one working day from the date of receipt of request send the documents specified in Items 9, 12 (subitems "a", "g", "d", "e", "zh"), 13.2 (subitem "e") of appendix No. 5 to this Provision to Goskomprombez, its territorial administration or mining inspection.

14. Goskomprombez, its territorial administration or mining inspection in case of inspection consider, in addition, availability:

the corresponding material and technical resources and qualified personnel for the making of competent action and (or) implementation of certain type of activity specified in documents of allowing nature;

the technical and other documentation necessary for implementation of the declared type of activity provided by regulatory legal acts and regulating documents in the field of technical regulation;

documentation confirming compliance of the technical devices used on hazardous production facility, to the established requirements.

15. Goskomprombez issues (sends) to applicants documents of allowing nature or notifies them in writing on refusal in issue of such documents no later than one working day from the date of adoption of the relevant decision in form according to appendix No. 7 to this Provision.

16. For issue of documents of allowing nature collection in double size of minimum wage, except for documents of allowing nature for which issue collection is not levied is levied. The amount of collection is credited on treasurer personal account of Goskomprombez.

17. The bases for refusal in issue of the document of allowing nature are:

submission of the documents by the applicant necessary for issue of the document of allowing nature, not in full;

discrepancy of the applicant to allowing requirements and conditions;

availability in documents of the doubtful or distorted data;

the reasonable negative conclusion following the results of inspections.

18. The refusal in issue of the document of allowing nature on other bases, including based on inexpediency, is not allowed.

19. In case of decision making about refusal in issue of the document of allowing nature the notification on refusal goes (is handed) to the applicant in writing with indication of causes of failure, specific regulations of the legislation and term during which the applicant, having removed the specified causes, can submit documents for de novo review. The term during which the applicant has the right to remove causes of failure and to submit documents for de novo review, there cannot be less than ten working days from the date of receipt of the written notice of refusal in issue of the document of allowing nature.

20. In case of elimination by the applicant of the reasons which formed the basis for refusal in issue of the document of allowing nature at the scheduled time de novo review of documents, issue of the document of allowing nature or refusal in its issue are performed by Goskomprombez in time, not exceeding ten working days from the date of obtaining from the applicant of the statement for elimination of the causes of failure and the relevant documents certifying elimination of causes of failure. For de novo review of the statement collection is not levied from the applicant.

21. In case of de novo review of documents reduction from Goskomprombez is not allowed of the causes of failure which are earlier not stated in the written notice to the applicant, except for reductions of the causes of failure connected with the documents certifying elimination of earlier specified reasons.

22. The application submitted by the applicant after the term specified in the written notice of refusal in issue of the document of allowing nature is considered again given and is considered by Goskomprombez in accordance with general practice.

23. The applicant has the right to appeal in accordance with the established procedure the decision on refusal in issue of the document of allowing nature, and also action (failure to act) of the official of Goskomprombez.

Chapter 5. Renewal of documents of allowing nature, prolongation of term of their action, issue of duplicates

24. In case of transformation of the applicant legal entity, change of its name or the location (postal address), re-registration the applicant – the legal entity or his legal successor shall within seven working days after passing of re-registration submit to Goskomprombez the application for renewal of the document of allowing nature with application of documents, confirming the specified data.

In case of the change of surname, name, middle name or the place of activities of the applicant physical person specified in the certificate on state registration, re-registration granted to it, the applicant – the physical person shall within seven working days after passing of re-registration submit to Goskomprombez the application for renewal of the document of allowing nature with application of documents, confirming the specified data.

Documents are submitted by the applicant to Goskomprombez directly, through means of mail service or electronically with the notification on their obtaining. The documents submitted electronically are confirmed by the digital signature of the applicant.

In case of renewal of the document of allowing nature the requirement from the applicant of submission of the documents which are not provided by this Item is not allowed.

25. Before renewal of the document of allowing nature the applicant or his legal successor (heir) who submitted the application for renewal of the document of allowing nature makes or performs specified in it action and (or) out of activities based on the submitted application for renewal of the document of allowing nature with Goskomprombez's mark about date of reception of an application.

In case of renewal of the document of allowing nature Goskomprombez enters corresponding changes in the register of the issued documents of allowing nature. Renewal and issue of the document of allowing nature are performed no more than five working days from the date of receipt by Goskomprombez of the statement for renewal of the document of allowing nature with appendix of the relevant documents in time.

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