2016-12-29 | ЗРУ-418

Added

Law of the Republic of Uzbekistan on Amendments and Additions to Certain Legislative Acts Concerning Measures for Accelerated Development of Entrepreneurship, Protection of Private Property, and Improvement of the Business Climate

The Law amends Article 45 of the Criminal Code to prohibit depriving individuals of the right to engage in entrepreneurial activity as a penalty, except in cases resulting in death or other grave consequences. It adds provisions to Articles 178, 180, and 181 granting exemption from criminal liability for first-time offenders who voluntarily deposit hidden foreign currency into authorized bank accounts within thirty days of discovery, or who compensate for material damage caused within the same timeframe.

Central Bank of the Republic of Uzbekistan logo

Uzbekistan

Central Bank of the Republic of Uzbekistan

Click to view thumbnail

All

Link to next revision

Link to previous revision

Indexing by CUC

Indexing by VAT

Source of changes

Official publication source

21.04.2022

15.07.2021

08.01.2020

01.01.2017 10

View

Russian Uzbek O’zb Russian|Uzbek Russian|O‘zb

[ OKOZ: 1. 03.00.00.00 Civil legislation / 03.09.00.00 Protection of property rights and other real rights; 2. 09.00.00.00 Entrepreneurship and economic activity / 09.01.00.00 Legislation on entrepreneurship / 09.01.01.00 General issues; 3. 21.00.00.00 Comprehensive documents on amendments and additions / 21.01.00.00 Laws of the Republic of Uzbekistan] [ TSZ: 1. State and public structure / Legislative initiative. Norm-making activity; 2. Civil legislation. Entrepreneurship / General issues; 3. Civil legislation. Entrepreneurship / Right to property and other real rights] Send suggestions for the document Listen to audio Get link from document element Law of the Republic of Uzbekistan Send suggestions for the document Listen to audio Get link from document element On amendments and additions to certain legislative acts of the Republic of Uzbekistan in connection with the adoption of additional measures to ensure accelerated development of entrepreneurial activity, comprehensive protection of private property, and qualitative improvement of the business climate Send suggestions for the document Listen to audio Get link from document element Adopted by the Legislative Chamber on December 6, 2016 Approved by the Senate on December 13, 2016 Send suggestions for the document Listen to audio Get link from document element [ OKOZ: 1. 16.00.00.00 Security and protection of law and order / 16.11.00.00 Criminal legislation / 16.11.01.00 General provisions] [ TSZ: 1. Justice. Protection of law and order. Justice / Criminal legislation] Send suggestions for the document Listen to audio Get link from document element Article 1. Make the following additions and changes to the Criminal Code of the Republic of Uzbekistan, approved by the Law of the Republic of Uzbekistan dated September 22, 1994 No. 2012-XII (Vedomosti Verkhovnogo Soveta Respubliki Uzbekistan, 1995, No. 1, art. 3; Vedomosti Oliy Majlisi Respubliki Uzbekistan, 1996, No. 9, art. 144; 1997, No. 2, art. 56, No. 9, art. 241; 1998, No. 5–6, art. 102, No. 9, art. 181; 1999, No. 1, art. 20, No. 5, art. 124, No. 9, art. 229; 2000, No. 5–6, art. 153; 2001, No. 1–2, art. 23, No. 9–10, art. 165; 2002, No. 9, art. 165; 2003, No. 1, art. 8, No. 9–10, art. 149; 2004, No. 1–2, art. 18, No. 9, art. 171; Vedomosti palat Oliy Majlisi Respubliki Uzbekistan, 2005, No. 9, art. 314, No. 12, arts. 417, 418; 2006, No. 6, art. 261, No. 12, art. 656; 2007, No. 4, arts. 158, 166, No. 6, art. 248, No. 9, arts. 416, 422, No. 12, art. 607; 2008, No. 4, arts. 187, 188, 189, No. 7, art. 352, No. 9, arts. 485, 487, 488, No. 12, arts. 640, 641; 2009, No. 1, art. 1, No. 4, art. 128, No. 9, arts. 329, 334, 335, 337, No. 12, art. 470; 2010, No. 5, arts. 176, 179, No. 9, art. 341, No. 12, arts. 471, 477; 2011, No. 1, art. 1; 2012, No. 4, art. 108, No. 9/1, art. 242, No. 12, art. 336; 2013, No. 4, art. 98, No. 10, art. 263; 2014, No. 1, art. 2, No. 5, art. 130, No. 9, art. 244, No. 12, art. 343; 2015, No. 6, art. 228, No. 8, arts. 310, 312, No. 12, art. 452; 2016, No. 4, art. 125, No. 9, art. 276), the following additions and changes: Send suggestions for the document Listen to audio Get link from document element 1) complete article 45 with part five of the following content: Send suggestions for the document Listen to audio Get link from document element "No punishment in the form of deprivation of the right to engage in entrepreneurial activity shall be imposed on persons engaged in entrepreneurial activity, except in cases that resulted in human death or other grave consequences"; Send suggestions for the document Listen to audio Get link from document element 2) complete article 178 with part four of the following content: Send suggestions for the document Listen to audio Get link from document element "A person who commits a crime provided for in part one, paragraphs 'a' and 'v' of part two of this article for the first time is exempted from liability if they, within thirty days from the day of detection of the crime, voluntarily ensured the crediting to accounts in authorized banks of the Republic of Uzbekistan of concealed foreign currency"; Send suggestions for the document Listen to audio Get link from document element 3) complete article 180 with part three of the following content: Send suggestions for the document Listen to audio Get link from document element "A person who commits a crime for the first time is exempted from liability if they, within thirty days from the day of detection of the crime, compensated for the material damage caused"; Send suggestions for the document Listen to audio Get link from document element 4) complete article 181 with part three of the following content: Send suggestions for the document Listen to audio Get link from document element "A person who commits a crime for the first time is exempted from liability if they, within thirty days from the day of detection of the crime, compensated for the material damage caused"; Send suggestions for the document Listen to audio Get link from document element 5) article 181 1

Supplement with a third part as follows:

"A person committing a crime for the first time shall be exempted from liability if, within thirty days from the day the crime was discovered, they compensated for the material damage caused";

Article 188 supplemented with a second part as follows:

"A person committing a crime for the first time shall be exempted from liability if, within thirty days from the day the crime was discovered, they voluntarily compensated the state for losses in the form of taxes and other mandatory payments, ensured the registration of an entrepreneurial entity, and obtained the necessary permit documents";

Article 189 supplemented with a second part as follows:

"A person committing a crime for the first time shall be exempted from liability if, within thirty days from the day the crime was discovered, they eliminated the consequences of violating trade or service rules and compensated for the material damage caused";

  1. in Article 190 : in the disposition of part one replace the words "committed after applying administrative penalty for such actions" with the words "associated with obtaining income in a large amount"; replace part two with parts two and three as follows:

"The same action, committed: a) in an especially large amount; b) by a dangerous recidivist; c) by prior conspiracy of a group of persons, is punishable by a fine from seventy-five to one hundred minimum wage sizes or arrest for up to six months. A person committing a crime for the first time shall be exempted from liability if, within thirty days from the day the crime was discovered, they eliminated the consequences of engaging in activity without a license and compensated for the material damage caused".

[OKONZ: 1. 16.00.00.00 Security and Law Enforcement / 16.12.00.00 Criminal Procedure Legislation / 16.12.01.00 General Provisions] [TSZ: 1. Justice. Law Enforcement. Justice / Criminal Procedure Legislation]

Article 2. Make the following changes and additions to the Criminal Procedure Code of the Republic of Uzbekistan, approved by the Law of the Republic of Uzbekistan dated September 22, 1994 No. 2013-XII (Vedomosti Verkhovnogo Soveta Respubliki Uzbekistan, 1995, No. 2, art. 5; Vedomosti Olii Majlisi Respubliki Uzbekistan, 1995, No. 12, art. 269; 1997, No. 2, art. 56, No. 9, art. 241; 1998, No. 5–6, art. 102, No. 9, art. 181; 1999, No. 1, art. 20, No. 5, art. 124, No. 9, art. 229; 2000, No. 5–6, art. 153, No. 7–8, art. 217; 2001, No. 1–2, arts. 11, 23, No. 9–10, arts. 165, 182; 2002, No. 9, art. 165; 2003, No. 5, art. 67; 2004, No. 1–2, art. 18, No. 9, art. 171; Vedomosti palat Olii Majlisi Respubliki Uzbekistan, 2005, No. 12, art. 418; 2006, No. 6, art. 261; 2007, No. 4, art. 166, No. 6, arts. 248, 249, No. 9, art. 422, No. 12, arts. 594, 595, 607; 2008, No. 4, arts. 177, 187, No. 9, arts. 482, 484, 487, No. 12, arts. 636, 641; 2009, No. 1, art. 1, No. 4, art. 136, No. 9, art. 335, No. 12, arts. 469, 470; 2010, No. 6, art. 231, No. 9, arts. 334, 336, 337, 342, No. 12, art. 477; 2011, No. 4, arts. 103, 104, No. 9, art. 252, No. 12/2, art. 363; 2012, No. 1, art. 3, No. 9/2, art. 244, No. 12, art. 336; 2014, No. 9, art. 244; 2015, No. 8, arts. 310, 312, No. 12, art. 452; 2016, No. 4, art. 125, No. 9, art. 276), as follows:

  1. in part four of Article 69 replace the words "Articles 91, 92, 136 – 138, 146, 147, 149, 151, 156 and 193" with the words "Articles 91, 92, 136 – 138, 146, 147, 149, 151, 156, Chapter 221 and Article 193";

supplement point 8 of part one of Article 84 with the words "or in connection with compensation for material damage caused and/or elimination of the consequences of the crime within the established period";

  1. supplement Chapter 22 1 with the following content:

"Chapter 22 1 . Audit

Article 187 1 . Grounds for appointing an audit An audit of legal entities and individual entrepreneurs is appointed in cases where information about circumstances relevant to the case can be obtained through the study and comparison of accounting, financial, statistical, banking, and other documents of the audited subjects. The presence of special knowledge among the investigator, detective, prosecutor, or judge does not exempt from appointing an audit. The audit of an entrepreneurial entity is carried out only within the framework of a criminal case initiated based on facts of violation of legislation by it. In this case, the audit may cover the activities of the entrepreneurial entity related only to the initiated criminal case. Appointment of an audit before initiating a criminal case is permitted only in cases and in the manner established by legislation.

Article 187 2 . Appointment of an audit An audit is appointed by a ruling of the investigator, detective, prosecutor, or by a court order. The ruling or order on the appointment of an audit must indicate:

  1. full name of the audited subject and its organizational-legal form (surname, first name, patronymic of the individual entrepreneur), taxpayer identification number, and legal address;
  2. number of the criminal case or grounds for appointing an audit arising during pre-investigation verification, or grounds for appointing an additional or repeat audit;
  3. question or range of questions studied during the audit;
  4. period of financial and economic activity subject to audit;
  5. name of the authorized body entrusted with conducting the audit, including additionally attracted state bodies and organizations. During the audit, the study of questions or ranges of questions, as well as periods of financial and economic activity, not indicated in the ruling or order on the appointment of the audit is prohibited. Bodies and organizations specified in Article 187 3 of this Code, no later than two working days from the moment of receiving the ruling or order on the appointment of the audit, issue an order to conduct the audit with mandatory indication of persons appointed to conduct the audit.

Article 187 3 . Persons appointed to conduct the audit Persons appointed to conduct the audit may include specialists of the Department for Combating Tax, Currency Crimes and Legalization of Criminal Proceeds at the Prosecutor General's Office of the Republic of Uzbekistan, the State Tax Service, the Ministry of Finance of the Republic of Uzbekistan, and territorial financial bodies. In necessary cases, for conducting an audit by ruling of the investigator, detective, prosecutor, or by court order, employees of other state bodies and organizations may also be attracted.

Article 187 4 . Conditions for conducting audits of entrepreneurial entities Audits of entrepreneurial entities are conducted with the mandatory participation of representatives of the legal department and/or invited lawyers (except in cases of refusal of this right by the entrepreneurial entity). Refusal to participate by a representative of the legal department and/or legal assistance by a lawyer is not a barrier to attracting them by the entrepreneurial entity at further stages of the audit. The person conducting the audit, before starting the audit, explains in writing to the authorized representative of the entrepreneurial entity their right to attract a representative of the legal department and/or a lawyer to participate in the audit or refuse their participation, which is recorded in a protocol. If a decision is expressed by an official or representative of the entrepreneurial entity to attract a representative of the legal department and/or a lawyer, the start of the audit is suspended until the arrival of the representative of the legal department and/or lawyer, but for no more than twenty-four hours. In cases where the arrival of a representative of the legal department and/or lawyer is impossible within twenty-four hours, the audit begins without their participation. A mandatory condition for conducting an audit of an entrepreneurial entity is the presence of the following documents serving as grounds for the audit: ruling or order on the appointment of the audit; order of the authorized body on conducting the audit; official ID of the person conducting the audit; special ID granting access to the audit.

Article 187 5 . Procedure for conducting the audit Before starting the audit, persons appointed to conduct it must familiarize officials or representatives of the audited subject with documents serving as grounds for the audit, and make an entry in the inspection registration book. The start of the audit is considered the moment of handing over under receipt to an official or representative of the audited subject copies of the ruling or order on the appointment of the audit and the order of the authorized body on conducting the audit, as well as familiarization with the official ID and special ID granting access to the audit. Refusal by an official or representative of the audited subject to receive and familiarize themselves with documents serving as grounds for the audit is not grounds for canceling the audit. In case of refusal by an official or representative of the audited subject to receive and familiarize themselves with corresponding documents, the person appointed to conduct the audit draws up a protocol, signed by them and the official or representative of the audited subject. If the official or representative of the audited subject refuses to sign this protocol, a corresponding record is made in it. In this case, the start of the audit is considered the moment of signing the protocol. After receiving and familiarizing themselves with documents serving as grounds for the audit, the official or representative of the audited subject must present documents, information, and materials necessary for conducting the audit. In case of refusal by an official or representative of the audited subject to present documents, information, and materials, the person conducting the audit immediately reports this to the investigator, detective, prosecutor, or court, which decides on further procedural actions. If necessary, seizure of documents, the investigator, detective, or prosecutor issues a ruling on seizure, and the court issues an order. Seizure is carried out according to the rules established by Chapter 20 of this Code. The person conducting the audit, if necessary, may conduct an inspection of the territory and premises, as well as inventory of the property of the audited subject. The study of questions specified in the ruling or order on the appointment of the audit is carried out in accordance with tax, currency, accounting, and other legislation. In case of obstruction to access of the person conducting the audit to the territory and premises (excluding residential) of the audited subject, as well as refusal to conduct inventory of their property for the audit, a protocol is drawn up, signed by them and the official or representative of the audited subject. If the official or representative of the audited subject refuses to sign the protocol, a corresponding record is made in it. The protocol is submitted to the investigator, detective, prosecutor, or court, which decides on further procedural actions. Obstruction to access of the person conducting the audit to the territory and premises (excluding residential) of the audited subject, including refusal to conduct inventory of their property, as well as obstruction to performing their official duties entails liability provided by law. Attraction to liability for obstruction to performance of official duties by persons conducting audits is not grounds for canceling the audit. The completion of the audit is considered the day of handing over to an official or representative of the audited subject the act on the results of the audit. In case of evasion by an official or representative of the audited subject from receiving the act on the results of the audit, the person conducting the audit makes a corresponding record in the act on the results of the audit, and from that moment the audit is considered completed. In this case, one copy of the act on the results of the audit is sent to the audited subject by registered mail.

Article 187 6 . Procedure for conducting audits in specific cases In case of unknown location of the official or representative of the audited subject, the person conducting the audit, within three working days, sends copies of the ruling or order on the appointment of the audit and the order of the authorized body on conducting the audit to the legal address of the audited subject and the address of residence of its official by registered mail. In this case, the start of the audit is considered the date of sending the registered letter. Absence of an official or representative of the audited subject is not grounds for canceling the audit. In this case, the audit is conducted based on documents, information, and materials on the financial and economic activity of the audited subject available in the case. In case of loss, destruction, or absence of documents, information, and materials of the audited subject, the person conducting the audit may conduct the study of questions specified in the ruling or order on the appointment of the audit in accordance with tax, currency, accounting, and other legislation. The completion of the audit is considered the day of sending by registered mail the act on the results of the audit to the legal address of the audited subject and a copy of the act to the place of residence of its official.

Article 187 7 . Terms for conducting the audit The term for conducting the audit is thirty calendar days. In case of necessity, taking into account the volume of documentation, type, and scale of activity of the audited subject, the audit term may be extended by ruling of the investigator, prosecutor, or court order upon reasoned petition of the person conducting the audit. The total term of the audit, including extension of terms, must not exceed the terms of preliminary investigation and trial of the criminal case established by this Code.

Article 187 8 . Act on the results of the audit Based on the results of the conducted audit, an act is compiled by persons who conducted the audit. The act on the results of the audit indicates:

  1. place of conducting the audit, date of compiling the act;
  2. grounds for conducting the audit;
  3. term for conducting the audit;
  4. surname, first name, patronymic of persons who conducted the audit;
  5. full name of the legal entity, surnames, first names, patronymics of its officials carrying out managerial functions or accounting and financial management functions during the audited period (surname, first name, patronymic of the individual entrepreneur);
  6. location (postal address), bank details of the audited subject, as well as its taxpayer identification number;
  7. information about previous inspections of the financial and economic activity of the audited subject;
  8. audited period and general information about documents, information, and materials presented for the audit;
  9. detailed description of identified violations of legislation (if any) with reference to norms of legislation that were violated;
  10. conclusions and opinions on the results of the conducted audit, including about the absence of violations of legislation. The act on the results of the audit is compiled in no less than three copies. All copies of the act on the results of the audit are signed by persons conducting the audit. One copy of the act on the results of the audit is handed over to an official or representative of the audited subject, who is obliged to sign for receipt on all copies of the act indicating the date of receipt. Other copies of the act on the results of the audit are attached to the audit materials. The signature of an official or representative of the audited subject in the act on the results of the audit does not mean their agreement with the results of the audit. Copies of the ruling or order on the appointment of the audit and the order of the authorized body on conducting the audit, protocols on actions taken within the framework of the audit, inventory acts, materials obtained during the audit, as well as other documents confirming the commission of actions within the framework of the audit must be attached to the act on the results of the audit. Audit materials no later than the next working day from the day of completion of the audit must be registered in the body authorized to conduct the audit, in the manner established by legislation, and submitted to the investigator, detective, prosecutor, or court that appointed the audit. The body that conducted the audit also sends a certified copy of the act on the results of the audit to the corresponding authorized body for taking lawful measures.

Article 187 9 . Additional or repeat audit An additional audit is appointed to fill gaps in the act on the results of the audit and clarify newly established circumstances of the case. A repeat audit is appointed in cases: recognition of justified objections regarding disagreement with the conclusions and results of the audit presented by the audited subject, the accused, or the defendant;

To resolve contradictions in the audit results report with the audit materials and other criminal case materials, as well as to recognize as unreliable documents, information, and materials on which conclusions and opinions in the audit results report were made;

When the conclusions and opinions indicated in the audit results report are unsubstantiated or their correctness is in doubt.

Persons who conducted the primary audit cannot be appointed to conduct a repeated audit.

Additional or repeated audits are conducted in the manner and within the timeframes determined by this chapter.

Article 187.10. Rights and duties of officials or representatives of the audited entity Officials or representatives of the audited entity have the right:

  • To demand from auditing persons documents that serve as the basis for conducting the audit, to familiarize themselves with the official ID, as well as the special access permit for the audit;
  • To obtain relevant information regarding the conduct of the audit of their activities, provide explanations, and be present during measures conducted by persons performing the audit;
  • Not to comply with demands from persons conducting the audit regarding matters outside their competence, and not to share with them documents, information, and materials unrelated to the subject of the audit;
  • Not to allow onto the premises and territory for the audit persons who have not presented an official ID, a special access permit for the audit, copies of the resolution or determination appointing the audit, or the order of the authorized body for conducting the audit, as well as in cases where the audit term has not commenced or expired, or if the person conducting the audit refuses to fill out the inspection registration book;
  • To receive one copy of the audit results report from persons conducting the audit on the day of its completion;
  • To appeal the results of the audit in the manner established by legislation, including by submitting a petition to an investigator, prosecutor, or court for the appointment of an additional or repeated audit.

Officials or representatives of the audited entity are obligated:

  • To allow persons conducting the audit onto the premises and territory for the audit;
  • To present, upon lawful demand of persons conducting the audit, documents, information, and materials necessary for the audit;
  • To assist persons conducting the audit in the performance of their duties.

Article 187.11. Rights and duties of persons conducting the audit Persons conducting the audit have the right, within their competence:

  • To inspect the territory and premises of the audited entity, to perform inventory of its property;
  • To request documents, information, and materials necessary for conducting the audit;
  • To obtain explanations from persons performing managerial functions or accounting and financial management functions, materially responsible persons, and other employees of the audited entity;
  • To demand the elimination of identified violations of legislation;
  • To submit a petition to an investigator, prosecutor, or court to extend the term of the audit in the presence of objective grounds for doing so;
  • To perform other actions provided for by this Code and other legislative acts.

The lawful demands of persons conducting the audit are mandatory for execution by officials and representatives of the audited entity.

Persons conducting the audit have the obligation, within their competence:

  • To present an official ID, as well as a special access permit for the audit;
  • To deliver to the official or representative of the audited entity under signature copies of the resolution or determination appointing the audit and the order of the authorized body for conducting the audit;
  • Not to create obstacles to the functioning of, and not to allow suspension of the activities of, audited entities, except in cases provided for by legislation;
  • Not to disclose information constituting state secrets or other legally protected secrets;
  • To inform the official or representative of the audited entity of the right to participate of legal service representatives and/or engaged lawyers at any stage of the audit and of other rights provided for by legislation;
  • To fill out the inspection registration book in cases and manners established by legislation;
  • To prepare the audit results report, leaving one copy with the audited entity on the day of the completion of the audit;
  • To take measures provided for by legislation in response to facts of offenses detected";
  1. In Article 201:
  • In the name and Part One, after the word "investigator", add the word "prosecutor";
  • In Part Two, replace the words "or court to carry out within their competence a documentary audit or other official check and present an audit or check report" with the words "prosecutor or court to carry out within their competence an audit or other official check and present a report on the results of the audit or check";
  • Redraft Part Three as follows: "Having discovered in the report on the results of the audit or check or in another document deviations from established rules, gaps, contradictions, and other deficiencies, the inquirer, investigator, prosecutor, or court has the right to demand that the noted errors be eliminated in the document";
  1. In Article 329:
  • In Part Two, after the word "expertise", add the words "an audit has been appointed";
  • In Part Three:
  • From point 1, exclude the word "documentary";
  • Add point 4 of the following content: "4) The term established by the corresponding article of the Special Part of the Criminal Code of the Republic of Uzbekistan for voluntary compensation of material damage caused and/or elimination of the consequences of the crime has not expired".

Article 3. Make the following additions and changes to the Code of the Republic of Uzbekistan on Administrative Liability, approved by the Law of the Republic of Uzbekistan dated September 22, 1994 No. 2015-XII (Vedomosti Verkhovnogo Soveta Respubliki Uzbekistan, 1995, No. 3, art. 6; Vedomosti Olii Majsli Respubliki Uzbekistan, 1995, No. 9, art. 193, No. 12, art. 269; 1996, No. 5–6, art. 69, No. 9, art. 144; 1997, No. 2, art. 56, No. 4–5, art. 126, No. 9, art. 241; 1998, No. 3, art. 38, No. 5–6, art. 102, No. 9, art. 181; 1999, No. 1, art. 20, No. 5, art. 124, No. 9, art. 229; 2000, No. 5–6, art. 153, No. 7–8, art. 217; 2001, No. 1–2, art. 23, No. 9–10, arts. 165, 182; 2002, No. 1, art. 20, No. 9, art. 165; 2003, No. 1, art. 8, No. 5, art. 67, No. 9–10, art. 149; 2004, No. 1–2, art. 18, No. 5, art. 90, No. 9, art. 171; 2005, No. 1, art. 18; Vedomosti palat Olii Majsli Respubliki Uzbekistan, 2005, No. 9, art. 312, No. 12, arts. 413, 417, 418; 2006, No. 6, art. 261, No. 9, art. 498, No. 10, art. 536, No. 12, arts. 656, 659; 2007, No. 4, arts. 158, 159, 164, 165, No. 9, arts. 416, 421, No. 12, arts. 596, 604, 607; 2008, No. 4, arts. 181, 189, 192, No. 9, arts. 486, 488, No. 12, arts. 640, 641; 2009, No. 1, art. 1, No. 9, arts. 334, 335, 337, No. 10, art. 380, No. 12, arts. 462, 468, 470, 472, 474; 2010, No. 5, arts. 175, 179, No. 6, art. 231, No. 9, arts. 335, 339, 341, No. 10, art. 380, No. 12, arts. 468, 473, 474; 2011, No. 1, art. 1, No. 4, arts. 104, 105, No. 9, arts. 247, 252, No. 12/2, art. 365; 2012, No. 4, art. 108, No. 9/1, art. 242, No. 12, art. 336; 2013, No. 4, art. 98, No. 10, art. 263; 2014, No. 1, art. 2, No. 5, art. 130, No. 9, art. 244, No. 12, arts. 341, 343; 2015, No. 6, art. 228, No. 8, arts. 310, 312, No. 12, art. 452; 2016, No. 1, art. 2, No. 4, art. 125, No. 9, art. 276):

  1. Supplement Article 165 with Part Two of the following content: "Engaging in activity without a license, committed repeatedly within a year after the application of administrative penalty, results in imposing a fine on citizens from ten to twenty, and on officials — from twenty to thirty minimum wage sizes";

  2. Redraft Part Four of Article 176 as follows: "A person committing an offense for the first time is exempted from liability without confiscation of the objects of the offense if they voluntarily compensate the damage caused to the state in the form of taxes and other mandatory payments within thirty days from the moment of detection of the offense, ensure the registration of the entrepreneurial entity, and complete the necessary permitting documents";

  3. Supplement Article 271 with point 11 of the following content: "11) In cases where officials or employees of the entrepreneurial entity or citizens engaged in entrepreneurial activity, committing an offense for the first time provided for by Parts One, Two, and Three of Article 164, Part One of Article 165, Parts One and Three of Article 166, Parts One, Two, and Three of Article 167, Article 168, Parts One, Two, and Three of Article 171, Articles 172, 173, Parts One and Two of Article 174, Parts One through Eight of Article 1741, Parts One and Six of Article 175, Part One of Article 1751, Articles 1753, 1754, Part One of Article 1755, Articles 1761–1764, 177, Parts One, Three through Eight of Article 178, Parts One and Two of Article 1781, Parts One and Two of Article 1792, Part One of Article 1794, Article 1795, Part One of Article 215, Part One of Article 2151, Parts One and Three of Article 2278, Parts One and Three of Article 22714, Part One of Article 22715, Parts One and Three of Article 22716, Part One of Article 22718, Part One of Article 22719, Article 22721, Part One of Article 22722, Article 22723, Articles 22724, 22725, and 22726, Part One of Article 22727 of this Code, voluntarily eliminate the permitted violations and/or compensate the material damage caused within a thirty-day period from the moment of detection of the offense, except in cases causing harm to life and/or health of citizens";

  4. Supplement Article 305 with Part Four of the following content: "In the presence of circumstances provided for in point 11 of Article 271 of this Code, the case of administrative offense is considered within a thirty-day period from the day of receipt by the body (official) empowered to consider the case of the protocol on the administrative offense and other case materials".

Article 4. From point 1 of Part One of Article 5 of the Law of the Republic of Uzbekistan dated August 29, 1997 No. 474-I "On the State Tax Service" (Vedomosti Olii Majsli Respubliki Uzbekistan, 1997, No. 9, art. 232; 1998, No. 5–6, art. 102; 1999, No. 9, art. 229; 2000, No. 7–8, art. 217; 2001, No. 5, art. 89, No. 9–10, arts. 182; 2003, No. 1, art. 8, No. 5, art. 67; 2004, No. 9, art. 171; 2005, No. 1, art. 18; Vedomosti palat Olii Majsli Respubliki Uzbekistan, 2005, No. 5, art. 152, No. 9, art. 312, No. 12, art. 415; 2006, No. 10, art. 536; 2007, No. 12, art. 608; 2008, No. 12, art. 640; 2009, No. 12, art. 474; 2010, No. 9, art. 336; 2012, No. 4, art. 105; 2014, No. 9, art. 244; 2015, No. 12, art. 452), exclude the words "(including counter-checks by subjects related to the taxpayer)".

Article 5. Supplement Article 30 of the Law of the Republic of Uzbekistan dated April 30, 1998 No. 602-I "On Farm Enterprises" (in the edition of the Law of the Republic of Uzbekistan dated August 26, 2004 No. 662-II) (Vedomosti Olii Majsli Respubliki Uzbekistan, 2004, No. 9, art. 162; Vedomosti palat Olii Majsli Respubliki Uzbekistan, 2006, No. 3, art. 119; 2007, No. 12, art. 608; 2008, No. 12, art. 640; 2009, No. 12, art. 472; 2011, No. 9, art. 248; 2012, No. 9/1, art. 238; 2013, No. 10, art. 263; 2015, No. 8, art. 312) with Part Five of the following content: "Financial and economic activity of farm enterprises specified in this article may be subject to planned checks in case of systematic non-payment of taxes and other mandatory payments during the financial year".

Article 6. Make the following additions and changes to the Law of the Republic of Uzbekistan dated December 24, 1998 No. 717-I "On State Control over the Activity of Economic Entities" (Vedomosti Olii Majsli Respubliki Uzbekistan, 1999, No. 1, art. 8; 2000, No. 5–6, art. 153; 2001, No. 1–2, art. 23; 2004, No. 5, art. 90; 2005, No. 1, art. 18; Vedomosti palat Olii Majsli Respubliki Uzbekistan, 2006, No. 3, art. 119; 2007, No. 12, art. 598; 2008, No. 12, art. 640; 2010, No. 9, art. 336, No. 12, art. 474; 2011, No. 9, art. 248; 2012, No. 12, art. 336; 2013, No. 10, art. 263; 2014, No. 5, art. 130):

  1. In Article 2:
  • Supplement with Part Three of the following content: "The procedure for conducting checks of financial and economic activity during pre-investigation checks and upon initiation of criminal cases is regulated by criminal procedural legislation";
  • Consider Part Three and Part Four as Part Four and Part Five respectively;
  1. Redraft the sixth paragraph of Article 3 as follows: "short-term check — a check carried out by controlling bodies based on appeals from individuals and legal entities regarding facts of violations of legislation";

  2. From the second paragraph of Part One of Article 4, exclude the words "counter-check";

  3. In the fourth paragraph of Part One of Article 8, replace the words "coordination with the special authorized body" with the words "decision of the special authorized body";

  4. Exclude Part Five and Part Six of Article 9;

  5. In Article 101:

  • Supplement with Part Two of the following content: "Planned checks of the financial and economic activity of private banks and other private financial institutions are carried out no more than once every five years";
  • Consider Part Two and Part Three as Part Three and Part Four respectively;
  • In Part Three, replace the word "third" with the word "fourth";
  • Supplement with Part Five of the following content: "Financial and economic activity of entrepreneurial entities specified in this article may be subject to planned checks in case of systematic non-payment of taxes and other mandatory payments during the financial year";
  1. Redraft Article 12 as follows: "Article 12. Short-term Checks Short-term checks are carried out by controlling bodies as unplanned checks based on the decision of the special authorized body upon appeals from individuals and legal entities regarding facts of violations of legislation. The basis for conducting a short-term check of the activity of economic entities is the decisions of the special authorized body to conduct a short-term check indicating the name of the audited object, the taxpayer identification number, the goals of the check, the timeframes for conducting the check, and the reasons justifying it, as well as the order of the corresponding controlling body carrying out the check, issued based on the decision of the special authorized body, indicating the composition of officials and the timeframes for conducting the check";

  2. Article 141

exclude; Submit a proposal for the document Listen to audio Get a reference from the document element 9) from the third paragraph of part one of article 16, the words “or its territorial subdivisions” are excluded. [ OKOZ: 1. 09.00.00.00 Entrepreneurship and economic activity / 09.01.00.00 Legislation on entrepreneurship / 09.01.01.00 General issues] [ TSZ: 1. Civil legislation. Entrepreneurship / General issues] Submit a proposal for the document Listen to audio Get a reference from the document element Article 7. Make the following additions and changes to the Law of the Republic of Uzbekistan of May 25, 2000 No. 69-II “On Guarantees of Freedom of Entrepreneurial Activity” (as amended by the Law of the Republic of Uzbekistan of May 2, 2012 No. ZRU-328) (Vedomosti palat Oliy Majlisi Respubliki Uzbekistan, 2012, No. 5, art. 133; 2013, No. 4, art. 98, No. 10, art. 263; 2014, No. 12, arts. 341, 343; 2015, No. 8, art. 312, No. 12, art. 452): Submit a proposal for the document Listen to audio Get a reference from the document element

  1. in article 39 : Submit a proposal for the document Listen to audio Get a reference from the document element complete with part five of the following content: Submit a proposal for the document Listen to audio Get a reference from the document element “Financial and economic activity of entrepreneurial entities specified in parts one through four of this article may be subject to planned inspections in the event of systematic non-payment during the financial year of taxes and other mandatory payments”; Submit a proposal for the document Listen to audio Get a reference from the document element consider parts five through seventeen as parts six through eighteen, respectively; Submit a proposal for the document Listen to audio Get a reference from the document element in part thirteen after the word “participation” add the words “of representatives of the legal service and (or)”; Submit a proposal for the document Listen to audio Get a reference from the document element in part fourteen replace the words “inviting a lawyer to participate in the inspection or refusing his participation” with the words “inviting representatives of the legal service and (or) a lawyer to participate in the inspection or refusing their participation”; Submit a proposal for the document Listen to audio Get a reference from the document element in part fifteen replace the words “orders of the heads of these subdivisions, with subsequent notification of this to the specially authorized body for coordinating the activities of controlling bodies or its corresponding territorial subdivision within one working day from the date of the short-term inspection” with the words “decision of the specially authorized body for coordinating the activities of controlling bodies, adopted on the basis of appeals from individuals and legal entities regarding facts of violations of legislation”; Submit a proposal for the document Listen to audio Get a reference from the document element
  2. in part two of article 41 replace the words “unscheduled or counter” with the word “short-term”. See previous edition. (article 8 lost force by the Law of the Republic of Uzbekistan of July 14, 2021 No. ZRU-701 — National database of legislation, 15.07.2021, No. 03/21/701/0674) [ OKOZ:

03.00.00.00 Civil legislation / 03.03.00.00 Legal entities / 03.03.01.00 General provisions; 2. 03.00.00.00 Civil legislation / 03.03.00.00 Legal entities / 03.03.04.00 Commercial organizations; 3. 03.00.00.00 Civil legislation / 03.03.00.00 Legal entities / 03.03.07.00 Unitary enterprises / 03.03.07.03 Private enterprise; 4. 09.00.00.00 Entrepreneurship and economic activity / 09.01.00.00 Legislation on entrepreneurship / 09.01.03.00 Individual entrepreneurship] [ TSZ: 1. Civil legislation. Entrepreneurship / Legal entities. Commercial organizations. Non-profit organizations; 2. Civil legislation. Entrepreneurship / Organizational and legal form of legal entities] Submit a proposal for the document Listen to audio Get a reference from the document element Article 9.

Complete article 25 of the Law of the Republic of Uzbekistan of December 11, 2003 No. 558-II “On Private Enterprise” (Vedomosti Oliy Majlisi Respubliki Uzbekistan, 2004, No. 1–2, art. 8; Vedomosti palat Oliy Majlisi Respubliki Uzbekistan, 2006, No. 3, art. 119; 2007, No. 12, art. 608; 2011, No. 9, art. 248; 2012, No. 9/1, art. 238; 2014, No. 5, art. 130; 2015, No. 8, art. 312) with part four of the following content: Submit a proposal for the document Listen to audio Get a reference from the document element “Financial and economic activity of private enterprises specified in this article may be subject to planned inspections in the event of systematic non-payment during the financial year of taxes and other mandatory payments”. See previous edition. (article 10 lost force by the Law of the Republic of Uzbekistan of January 7, 2020 No. ZRU-601 — National database of legislation, 08.01.2020, No. 03/20/601/0025) [ OKOZ: 1. 03.00.00.00 Civil legislation / 03.03.00.00 Legal entities / 03.03.08.00 Other commercial organizations; 2. 09.00.00.00 Entrepreneurship and economic activity / 09.01.00.00 Legislation on entrepreneurship / 09.01.02.00 Subjects of entrepreneurship. Registration of subjects of entrepreneurship] [ TSZ: 1. Civil legislation. Entrepreneurship / General issues; 2. Civil legislation. Entrepreneurship / Legal entities. Commercial organizations. Non-profit organizations] Submit a proposal for the document Listen to audio Get a reference from the document element Article 11.

Complete article 27 of the Law of the Republic of Uzbekistan of April 26, 2012 No. ZRU–327 “On Family Entrepreneurship” (Vedomosti palat Oliy Majlisi Respubliki Uzbekistan, 2012, No. 4, art. 111; 2013, No. 4, art. 98; 2015, No. 8, art. 312) with part three of the following content: Submit a proposal for the document Listen to audio Get a reference from the document element “Financial and economic activity of the family enterprise specified in this article may be subject to planned inspections in the event of systematic non-payment during the financial year of taxes and other mandatory payments”. See previous edition. (article 12 lost force by the Law of the Republic of Uzbekistan of April 20, 2022 ZRU-765 — National database of legislation, 21.04.2022, No. 03/22/765/0332) [ OKOZ: 1. 07.00.00.00 Legislation on finance and credit. Banking activity / 07.04.00.00 General provisions of budgetary structure] [ TSZ: 1. Finance / Budget. Extrabudgetary funds] Submit a proposal for the document Listen to audio Get a reference from the document element Article 13. Complete the eighth paragraph of part three of article 173 of the Budget Code of the Republic of Uzbekistan, approved by the Law of the Republic of Uzbekistan of December 26, 2013 No. ZRU-360 (Vedomosti palat Oliy Majlisi Respubliki Uzbekistan, 2013, appendix 1 to No. 12; 2014, No. 9, art. 244; 2015, No. 12, art. 452) with the words “except for subjects of entrepreneurship”. Submit a proposal for the document Listen to audio Get a reference from the document element Article 14. To the Cabinet of Ministers of the Republic of Uzbekistan: Submit a proposal for the document Listen to audio Get a reference from the document element bring government decisions into compliance with this Law; Submit a proposal for the document Listen to audio Get a reference from the document element ensure the review and cancellation by state management bodies of their normative legal acts that contradict this Law. Submit a proposal for the document Listen to audio Get a reference from the document element Article 15. This Law enters into force from January 1, 2017. Submit a proposal for the document Listen to audio Get a reference from the document element President of the Republic of Uzbekistan Sh. MIRZIYOYEV Submit a proposal for the document Listen to audio Get a reference from the document element c. Tashkent, Submit a proposal for the document Listen to audio Get a reference from the document element December 29, 2016, Submit a proposal for the document Listen to audio Get a reference from the document element No. ZRU-418 (Collection of legislation of the Republic of Uzbekistan, 2017, No. 1, art. 1; National database of legislation, 08.01.2020, No. 03/20/601/0025; 15.07.2021, No. 03/21/701/0674, 21.04.2022, No. 03/22/765/0332)

More like this from CBU

We email you every new CBU publication the day it's published.

Share