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2014-12-02 | № 328

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Measures for Implementing the System for Assessing the Impact of Legal Acts on Entrepreneurial Activity

The Cabinet of Ministers of Uzbekistan mandates that draft and adopted normative legal acts affecting entrepreneurial activity be published on the Single Portal of Interactive State Services for public discussion and impact assessment starting January 1, 2015. The Ministry of Information Technologies and Communications must ensure a special section on the portal by January 1, 2015, while the Ministry of Justice monitors compliance and coordinates the system's improvement. The procedure requires developers to review and summarize participant suggestions, with rejected proposals requiring justified reasons, and mandates that specific types of restrictive or costly regulations undergo mandatory impact assessment.

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Resolution of the Cabinet of Ministers of the Republic of Uzbekistan

On Measures for Implementing the System for Assessing the Impact of Legal Acts on Entrepreneurial Activity

This resolution has lost its force on the basis of Resolution No. 87 of the Cabinet of Ministers of the Republic of Uzbekistan dated February 22, 2021 "On Recognizing Certain Resolutions of the Government of the Republic of Uzbekistan as Having Lost Their Force (On Improving the Business Environment in the Country through Introducing a System for Reviewing Legal Acts That Have Lost Their Significance)" in accordance with the Decree of the President of the Republic of Uzbekistan No. PF-6075 dated September 27, 2020.

In accordance with Decree No. PF-4609 of the President of the Republic of Uzbekistan dated April 7, 2014 "On Additional Measures for Further Improving the Investment Climate and Business Environment in the Republic of Uzbekistan", and with the aim of further improving the system for assessing the impact of legal acts on entrepreneurial activity by creating conditions for discussing legal acts on the Single Portal of Interactive State Services of the Republic of Uzbekistan, the Cabinet of Ministers resolves:

  1. Starting from January 1, 2015, the following procedure shall be established, according to which:

draft normative legal acts and adopted normative legal acts that affect entrepreneurial activity shall be posted for discussion and assessment of their impact on entrepreneurial activity on the Single Portal of Interactive State Services of the Republic of Uzbekistan by the respective developers of the draft and adopted normative legal acts — state and economic management bodies, local state authority bodies;

suggestions provided by discussion participants shall be considered by the respective developers of the draft and adopted normative legal acts — state and economic management bodies, local state authority bodies.

  1. The Regulation on the Procedure for Assessing the Impact of Draft Normative Legal Acts and Adopted Normative Legal Acts on Entrepreneurial Activity through the Single Portal of Interactive State Services of the Republic of Uzbekistan shall be approved in accordance with the Appendix.

  2. The Ministry of Information Technologies and Communications of the Republic of Uzbekistan, together with the Chamber of Commerce and Industry of the Republic of Uzbekistan, the Ministry of Justice, and other interested ministries and departments: (Paragraph 3 of the first sentence of Resolution No. 171 of the Cabinet of Ministers of the Republic of Uzbekistan dated June 27, 2015 — UR LHT, 2015, No. 26, Article 338)

shall ensure the operation of a special section on the Single Portal of Interactive State Services of the Republic of Uzbekistan for discussing draft normative legal acts and adopted normative legal acts and assessing their impact on entrepreneurial activity by January 1, 2015;

shall carry out technical support for the special section on the Single Portal of Interactive State Services of the Republic of Uzbekistan on a permanent basis.

  1. It is recommended that the Chamber of Commerce and Industry of the Republic of Uzbekistan, together with the Ministry of Information Technologies and Communications of the Republic of Uzbekistan and the Ministry of Justice, organize and conduct measures to widely publicize the goals, content, and practical significance of this resolution among business entities and the population. (Paragraph 4 of Resolution No. 171 of the Cabinet of Ministers of the Republic of Uzbekistan dated June 27, 2015 — UR LHT, 2015, No. 26, Article 338)

  2. The Ministry of Justice of the Republic of Uzbekistan shall ensure coordination and monitoring of the implementation and quality of this resolution by state and economic management bodies, local state authority bodies, as well as the submission to the Cabinet of Ministers of the Republic of Uzbekistan of proposals for further improving the system for assessing the impact of legal acts as necessary.

  3. Ministries and departments shall coordinate the normative legal acts they have adopted with this resolution within one month.

  4. Control over the implementation of this resolution shall be assigned to the First Deputy Prime Minister of the Republic of Uzbekistan R.S. Azimov.

Prime Minister of the Republic of Uzbekistan Sh. MIRZIYOYEV

Tashkent city,

december 2, 2014,

No. 328

Appendix

to Resolution No. 328 of the Cabinet of Ministers of the Republic of Uzbekistan dated December 2, 2014

REGULATION

On the Procedure for Assessing the Impact of Draft Normative Legal Acts and Adopted Normative Legal Acts on Entrepreneurial Activity through the Single Portal of Interactive State Services of the Republic of Uzbekistan

I. General Provisions

  1. This Regulation establishes the procedure for assessing the impact of draft normative legal acts and adopted normative legal acts on entrepreneurial activity by discussing them on the Single Portal of Interactive State Services of the Republic of Uzbekistan (hereinafter referred to as the Single Portal).

  2. The following concepts are used in this Regulation:

schedule — a plan-schedule approved by the developer, covering all stages of developing, discussing, and introducing (adopting) the normative legal act, as well as specific deadlines;

normative legal act — laws of the Republic of Uzbekistan, decrees, resolutions, and orders of the President of the Republic of Uzbekistan, resolutions of the Cabinet of Ministers of the Republic of Uzbekistan, orders and resolutions of ministries, state committees, and departments, as well as resolutions of local state authority bodies;

discussion of a normative legal act — posting the relevant draft normative legal act or adopted normative legal act and other necessary information on the Single Portal, as well as summarizing and considering suggestions from discussion participants for assessing the impact of draft normative legal acts and adopted normative legal acts on entrepreneurial activity;

developers — state and economic management bodies, local state authority bodies that developed the relevant draft normative legal act or adopted normative legal act;

discussion participants — legal and physical persons who submitted suggestions regarding the developed draft normative legal act or adopted normative legal act posted on the Single Portal.

  1. The following are considered the goals of assessing the impact of draft normative legal acts and adopted normative legal acts on entrepreneurial activity:

determining positive and negative consequences (that may arise or have arisen) in adopting the normative legal act by analyzing the problem, the goal of its regulation, and existing solutions;

determining rules in the draft normative legal act being developed and in the adopted normative legal act that create conditions for corruption or other violations in the system of state power and management bodies, or introduce or create conditions for introducing additional administrative and other restrictions for business entities;

determining rules that lead to the emergence of unjustified expenses for business entities.

  1. The following shall be discussed and their impact on entrepreneurial activity assessed:

a) introducing new restrictions and new types of permitting procedures, licenses, or applying existing restrictions, permitting procedures, and types of licensed activities to a wider range of business entities;

b) introducing additional requirements and conditions for obtaining documents of a permitting nature or licenses;

v) introducing requirements (conditions) that may lead to significant expenses for business entities;

g) increasing requirements for the minimum amount of the authorized capital of business entities — legal entities;

d) affecting the rights and legitimate interests of 30 percent or more of business entities in the relevant sector;

e) restricting (reducing) the established rights of business entities or introducing additional obligations;

zh) introducing new types of liability measures for business entities;

z) establishing tax and other mandatory payment exemptions and other types of exemptions, guarantees, and preferences for business entities, as well as granting new rights to business entities.

  1. Assessment of adopted normative legal acts shall be carried out with the aim of further improving the relevant directions and issues regulated by them, eliminating factors hindering the development of entrepreneurial activity, as well as simplifying and reducing permitting procedures for carrying out entrepreneurial activity:

at the initiative of the developers of the adopted normative legal act;

based on suggestions from associations of business entities;

based on suggestions from state and other competent authorities regarding relevant directions and issues within their competence, as well as justified collective appeals from business entities on issues regulated by them;

based on relevant directives from the Chambers of the Oliy Majlis of the Republic of Uzbekistan, the President of the Republic of Uzbekistan, and the Cabinet of Ministers of the Republic of Uzbekistan.

  1. The impact on entrepreneurial activity of draft normative legal acts that:

contain state secrets or other secrets protected by law;

are adopted for the purpose of preventing emergencies or eliminating their consequences;

are aimed at implementing social and economic development programs;

are for aligning existing legal rules with newly adopted normative legal acts;

do not meet the criteria specified in Paragraph 4 of this Regulation shall not be assessed.

  1. For the purpose of assessing the impact of a draft normative legal act or an adopted normative legal act on entrepreneurial activity, initiating the discussion process, as well as summarizing and considering suggestions from discussion participants, shall be carried out by the respective developers based on their approved schedule:

for draft normative legal acts being developed — in accordance with Appendix 1 to this Regulation;

for adopted normative legal acts — according to the schemes in Appendix 2 to this Regulation.

II. Notification on Discussion of Normative Legal Acts

  1. Discussion of a draft normative legal act being developed shall be held mandatory before the process of coordination with interested ministries and departments begins; discussion of an adopted normative legal act shall be held at least one year after it enters into force.

  2. For discussing a draft normative legal act being developed or an adopted normative legal act, the developer posts on the Single Portal a notice about holding the discussion, the schedule, the draft normative legal act being developed or the adopted normative legal act whose impact is being assessed, as well as a questionnaire for discussion participants.

Questionnaires for discussion participants are posted in standard forms:

for a draft normative legal act being developed — in accordance with Appendix 3 to this Regulation;

for an adopted normative legal act — in accordance with Appendix 4 to this Regulation.

  1. The notice on holding the discussion must contain the following information:

a) for draft normative legal acts being developed:

the basis for the need to adopt the draft;

the type, name, and planned entry into force date of the draft;

information about the developer;

the deadline for accepting suggestions from the developer regarding the draft normative legal act, provided that this deadline cannot be less than 15 days from the day the notice is posted on the Single Portal;

b) for an adopted normative legal act:

description of the problem (issue) to be resolved or studied through assessing the normative legal act;

information about the developer;

the deadline for accepting suggestions from the developer regarding the normative legal act, provided that this deadline cannot be less than 15 days from the day the notice is posted on the Single Portal.

Information relevant to the developer's opinion regarding the draft normative legal act or the adopted normative legal act may also be included in the notice.

III. Conducting Discussions and Summarizing Suggestions

  1. Suggestions regarding the draft normative legal act being discussed or the adopted normative legal act are submitted by discussion participants by filling out questionnaires posted on the Single Portal in accordance with Paragraph 9 of this Regulation.

  2. Discussion participants may voluntarily express their justified suggestions on issues not indicated in the questionnaires.

  3. Suggestions submitted by discussion participants that are unrelated to the subject of discussion, unjustified, unclearly expressed, or submitted after the deadline indicated in the notice shall not be considered by the developers.

  4. Developers summarize the suggestions received from discussion participants and post on the Single Portal information on their acceptance, or if rejected — the justified reason.

  5. Received suggestions, regardless of whether they are accepted or rejected, shall remain posted on the Single Portal and be available for review in an unlimited scope, including for ministries and departments that carried out the coordination of the draft normative legal act.

IV. Taking into Account the Results of Held Discussions

  1. Taking into account suggestions from discussion participants regarding the draft normative legal act shall be carried out by developers by reworking the draft in accordance with the accepted suggestions and within the deadlines specified in the schedule. In this case, the deadline for reworking the draft should not exceed 30 days after the discussion ends.

  2. Developers repost the reworked draft normative legal act on the Single Portal as information.

In this case, the reposted draft on the Single Portal must be posted with references to information on sections reworked as a result of the discussion or introduced into the draft, as well as information on the discussion participants who submitted them.

  1. The reworked draft normative legal act is sent to interested ministries and departments for coordination in the established procedure simultaneously with its reposting on the Single Portal.

  2. Taking into account suggestions from discussion participants regarding adopted normative legal acts shall be carried out by developing a draft normative legal act, including a draft introducing amendments and additions to the normative legal act being discussed.

Developing the draft normative legal act shall be carried out in accordance with the accepted suggestions and within the deadlines specified in the approved schedule. In this case, the deadline for developing the draft should not exceed 30 days after the discussion ends.

  1. The developed draft is posted on the Single Portal for holding discussion and implementing other procedures provided for in this Regulation.

  2. The held discussion and its results must necessarily be reflected in the explanatory note to the draft normative legal act (in the legal service memorandum for departmental normative legal acts and resolutions of local state bodies).

V. Final Provisions

  1. When developing draft normative legal acts with a specified date of introduction, adoption, or entry into force, the deadlines specified in Paragraphs 10, 16, and 19 of this Regulation may be changed.

In this case, the deadlines indicated in the approved schedules must correspond to the specified definite deadline for the introduction, adoption, or entry into force of the normative legal acts.

  1. Materials of the discussion held regarding a draft normative legal act being developed or an adopted normative legal act, including suggestions received regarding them, must be stored on the Single Portal for 3 years after the discussion ends and be available for review in an unlimited scope.

  2. The head of the developer is personally responsible for the posting on the Single Portal of the draft normative legal act being developed or the adopted normative legal act for discussion in accordance with the requirements of this Regulation, the consideration of suggestions received from discussion participants, and the posting of information on their acceptance or rejection.

REGULATION

on the Procedure for Assessing the Impact of Draft Normative Legal Acts and Adopted Normative Legal Acts on Entrepreneurial Activity through the Single Portal of Interactive State Services of the Republic of Uzbekistan

APPENDIX 1

SCHEME

for conducting the discussion of a draft normative legal act being developed

Note: When developing draft normative legal acts with specified dates of introduction, adoption, or entry into force, the indicated deadlines may be changed.

REGULATION

on the Procedure for Assessing the Impact of Draft Normative Legal Acts and Adopted Normative Legal Acts on Entrepreneurial Activity through the Single Portal of Interactive State Services of the Republic of Uzbekistan

APPENDIX 2

SCHEME

for conducting the discussion of an adopted normative legal act

Note: When developing draft normative legal acts with specified dates of introduction, adoption, or entry into force, the indicated deadlines may be changed.

REGULATION

on the Procedure for Assessing the Impact of Draft Normative Legal Acts and Adopted Normative Legal Acts on Entrepreneurial Activity through the Single Portal of Interactive State Services of the Republic of Uzbekistan

APPENDIX 3

QUESTIONNAIRE

for participants in the discussion of draft normative legal acts being developed

Contact Information:

Organization Name:

(Full Name of Physical Person):

Area of Activity of the Organization:

Full Name of Contact Person:

Contact Phone Number:

Email Address:

  1. In your opinion, what problem is the proposed draft aimed at solving? Is this problem still relevant today?
  1. How correctly has the developer of the draft normative legal act identified factors requiring state intervention? How closely is the proposed regulation related to the problem that should be solved by regulation? In your opinion, does normative regulation achieve the goals set for it?
  1. Is the chosen way of solving the problem acceptable (including from the point of view of benefits and harms for business entities)? Is there another variant of achieving the goal of state regulation? If there is, in your opinion, is there a less costly and/or more effective one?
  1. In your opinion, which subjects of entrepreneurial activity are affected by the proposed regulation (types of entities and sectors, their number in your city or region, district)?
  1. Does the introduction of the proposed regulation affect the competitive environment in the sector, leading to an unjustified change in the distribution of forces? If it does, how? Provide quantitative indicators to the extent possible.
  1. Assess how fully and clearly the obligations and liabilities of subjects of state regulation are expressed, as well as how clearly the administrative procedures carried out by responsible state bodies are written, and how clearly and distinctly the functions and powers of authority are written. Do you think the proposed norms are inconsistent or contradictory to other normative legal acts? If so, indicate such norms and normative legal acts.
  1. Are there rules in the proposed draft normative legal act that create conditions for corruption or other violations in the system of state power and management bodies, as well as introduce or create conditions for introducing additional administrative and other restrictions for business entities, and also lead to the emergence of unjustified expenses for business entities? Justify each indicated rule.
  1. In your opinion, what problems and difficulties may arise related to monitoring the implementation of the requirements and norms established in this draft normative legal act? Is a mechanism for protecting business entities provided for in it?
  1. Is a transition period required for the proposed regulation to enter into force (if required, what is its duration), and what time restrictions should be taken into account when introducing new regulation?
  1. In your opinion, is it appropriate to apply exemptions for certain groups of persons when introducing regulation? Provide relevant justifications.
  1. Specific questions regarding the clear rules and norms of the draft regulatory legal act under consideration that must be clarified by the authorized body.
  1. In the context of regulatory impact assessment, other proposals and objections that you believe should be taken into account.

Regulations on the Procedure for Assessing the Impact of Draft Regulatory Legal Acts Being Developed and Enacted Regulatory Legal Acts on Entrepreneurial Activity through the Single Portal of Interactive Public Services of the Republic of Uzbekistan

APPENDIX 4

QUESTIONNAIRE for Participants in the Review of Enacted Regulatory Legal Acts

Contact Information:

Name of the Organization

(Full Name of the Individual):

Sector of Activity of the Organization:

Full Name of the Contact Person:

Contact Telephone Number:

Email Address:

  1. How closely is the regulatory purpose of the regulatory legal act related to the problem that this regulatory legal act is supposed to solve? In your opinion, has regulatory legal regulation achieved the goals set for it?
  1. Is the chosen method of solving the problem acceptable (including from the point of view of its benefits and harms to society)? Is there another variant of achieving the goal intended by state regulation? If there is, indicate which of them is, in your opinion, less costly and (or) more effective.
  1. Did the introduction of regulation affect the competitive environment in the sector, leading to an unjustified change in the distribution of power in the sector? If so, how? Provide quantitative indicators at the level of opportunities.
  1. Evaluate how fully and clearly the obligations and liabilities of subjects of state regulation are expressed, as well as how clearly the administrative procedures carried out by responsible state bodies are written, and how clearly and distinctly the functions and powers of authority are written.
  1. Are there rules in the regulatory legal act that create conditions for corruption and other violations within the system of state power and management bodies, as well as introduce or create conditions for introducing excessive administrative and other restrictions for business entities, as well as lead to the emergence of unjustified expenses for business entities? Justify each of the indicated rules.
  1. In your opinion, what problems and difficulties are arising related to the control of compliance with the requirements and norms provided for in this regulatory legal act?
  1. In your opinion, is it appropriate to apply certain exceptions when introducing regulation for certain groups of persons? Provide the relevant justification.
  1. In the regulatory impact assessment, other proposals and objections that you believe should be taken into account.

(Collection of Legislative Acts of the Republic of Uzbekistan, 2014, No. 49, Article 581; 2015, No. 26, Article 338)

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