RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of September 12, 2019 No. 765

About measures for the organization of activities of judicial managing directors

According to the resolution of the President of the Republic of Uzbekistan of February 1, 2019 "About measures for further simplification of the procedure of insolvency and radical enhancement of activities of judicial managing directors" and for the purpose of providing necessary regulatory framework of activities of judicial managing directors when holding procedures of insolvency the Cabinet of Ministers decides No. PP-4146:

1. Approve:

The paragraph is excluded according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 30.11.2023 No. 635

Regulations on procedure for training of applicants for receipt of the certificate of the judicial managing director and advanced training of judicial managing directors according to appendix No. 2.

2. No. PP-73 is excluded according to the Resolution of the President of the Republic of Uzbekistan of 30.12.2021

3. Recognize invalid some decisions of the Government of the Republic of Uzbekistan according to appendix No. 3.

4. To agency on management of the state assets of the Republic of Uzbekistan together with the interested ministries and departments to bring the regulatory legal acts adopted by them into accord with this resolution in a month.

4-1. The state service in issue of the competence certificate to the applicant in judicial managing directors, provided in appendix No. 1 to this resolution, is entered after two months from the date of official publication of this resolution.

5. To impose control of execution of this resolution on the deputy prime minister of the Republic of Uzbekistan concerning investments and foreign economic relations E. M. Ganiyev and the director of the Agency on management of the state assets A. Ya. Haydarov.

Appendix №1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of September 12, 2019 No. 765

The regulations on judicial managing directors, procedure for their certification (recertification) and issue of the competence certificate are excluded according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 30.11.2023 No. 635

Appendix № 2

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of September 12, 2019 No. 765

Regulations on procedure for training of applicants for receipt of the certificate of the judicial managing director and advanced training of judicial managing directors

Chapter 1. General provisions

1. This Provision according to the Law of the Republic of Uzbekistan "About insolvency" determines procedure for the organization and carrying out training of applicants for receipt of the certificate of the judicial managing director and advanced training of judicial managing directors.

2. In this Provision the following concepts are applied:

the certificate of the judicial managing director - the document confirming the fact of passing of certification in Agency on management of the state assets of the Republic of Uzbekistan (further - the Agency) on compliance to the qualification and professional requirements imposed to judicial managing directors;

the judicial managing director (the interim manager, the sanifying managing director, the external managing director, the liquidating managing director, the financial manager) - persons designated by court for holding procedures of insolvency;

the applicant - person who is trained for receipt of the certificate;

the certificate - the document confirming the fact of passing of special rates on training of judicial managing directors according to adopted agenda of training and being the basis for receipt of the certificate of the judicial managing director;

the special program - the training program of applicants and advanced training of judicial managing directors;

the certificate - the document confirming the fact of passing by the judicial managing director of professional development course.

Chapter 2. Procedure for consideration of the applications of applicants for receipt of the certificate of the judicial managing director

3. The applicant for receipt of the certificate of the judicial managing director shall have the higher education and length of service at least two years.

4. The applicant represents to the Higher school of business and entrepreneurship under the Ministry of Economic Development and reducings poverty of the Republic of Uzbekistan (further - the Higher school) the following documents:

statement;

passport copy;

the copy of the diploma about the higher education or certificates of authorized state body on nostrification (equivalence establishment) of the document on the higher education received in foreign educational institution;

the copy of the service record or the statement from the Electronic Service Record system certifying availability of length of service in at least 2 years;

3,5 x 4,5 two photos in size see.

The requirement from the applicant of the documents which are not provided by this Item is not allowed.

5. The documents specified in item 4 of this provision are represented by the applicant to the Higher school purposely, by means of mail or electronic communication with the notification on their obtaining.

6. The higher school within three working days from acceptance date of the statement and the documents of the applicant attached to it makes the decision on the admission or refusal in the admission to training.

In case of decision making about refusal in the admission of the applicant to training the submitted documents no later than three working days from the moment of adoption of the relevant decision return with the refusal motivated in writing.

7. The applicant is not allowed to training in the following bases:

discrepancy of the applicant to requirements of Item 3 this provision;

submission of documents, stipulated in Item 4 this provision, not fully completed.

The refusal in training in other bases is not allowed.

8. Training is performed on contractual basis in accordance with the established procedure.

Chapter 3. Requirements to training programs and advanced trainings of judicial managing directors

9. The higher school together with Association of judicial managing directors of Uzbekistan (further - Association) with involvement of specialists of the relevant organizations develops special training programs of applicants and advanced training of judicial managing directors.

10. The special program is approved with the Agency, affirms the Higher school and is posted on the official website of the Higher school.

11. Training of judicial managing directors log in:

training of judicial managing directors on short-term rates (100 class periods and more);

retraining (advanced training) of judicial managing directors (30 class periods and more);

holding training of judicial managing directors according to the training program.

12. The program can be implemented by the modular principle and to be divided into several modules (blocks, parts). The modular training system provides possibility of forming of programs of separate cycles from subject of different modules.

13. The program includes the following Sections:

essence and value of the Law of the Republic of Uzbekistan "About insolvency" and the normative legal documents regulating the sphere of insolvency;

practice of activities of the judicial managing director;

advanced foreign practice of the procedure of insolvency;

financial accounting bases;

bases of corporate management;

other directions of training.

14. The higher school in coordination with the Agency and Association can make changes to the training program regarding the organization of training of applicants and advanced training of judicial managing directors by involvement of specialists of the relevant educational institutions.

Chapter 4. Training of applicants and advanced training of judicial managing directors

15. Training of applicants and advanced training of judicial managing directors is performed according to the scheme according to appendix No. 1 to this Provision.

16. The organization of training of applicants and advanced training of judicial managing directors is directed to receipt of knowledge by them in the field of implementation of procedures of insolvency and court practice of hearing of cases about insolvency.

17. The higher school provides training of applicants and advanced training of judicial managing directors with involvement of specialists, the other persons having special knowledge in the field of civil, economic and other legislations, other organizations for implementation of technical support, provision of the platform for carrying out training, moderation, and also involvement of speakers and the other accompanying services.

18. The higher school can organize in regions of the Republic of Uzbekistan exit training courses on training of applicants and advanced training of judicial managing directors.

19. Programs of holding seminars, conferences, other scientific and practical actions in the field of training of applicants and advanced training of judicial managing directors are approved with the Agency.

20. The judicial managing director undergoes each two years advanced training with issue of the appropriate certificate.

Chapter 5. Procedure for registration and issue of the certificate and (or) certificate on training of applicants and advanced training of judicial managing directors

21. The basis for receipt of the certificate and (or) the certificate is training of applicants and advanced training of judicial managing directors in the established present of the Provision procedure.

22. The certificate on training of applicants and the certificate of advanced training of judicial managing directors are drawn up on special forms, effectual in law in all territory of the Republic of Uzbekistan, in forms according to appendices No. 2, 3 to this Provision.

23. Forms of the certificate and (or) the certificate are documents of the strict reporting, have accounting series, number and degree of security. Forms of the certificate and the certificate are made by request of the Higher school by typographical method in the National production association "Davlat of Belgisa".

24. The certificate and (or) the certificate are drawn up by the Higher school in three-day time after completion of training courses and certificates and (or) the certificate or to the other person based on the notarized power of attorney are granted under list to the owner.

25. The judicial managing director within five days after receipt of the appropriate certificate about passing of advanced training represents the copy of the certificate to Association which joins in the personal record of the judicial managing director.

26. The owner of the certificate and (or) certificate on training of applicants and advanced training of judicial managing directors in case of change of surname (name, middle name) or passport data submits to the Higher school the application for renewal of the certificate and (or) the certificate with appendix of the original certificate and (or) certificate.

27. Instead of the lost or become useless certificate and (or) the certificate on training of applicants and advanced training of judicial managing directors the duplicate of the certificate and (or) the certificate is issued.

Chapter 6. Final provisions

28. The disputes arising in connection with application of this provision are permitted in the procedure established by the legislation.

29. Persons guilty of violation of requirements of this provision bear responsibility according to the legislation.

Appendix №1

to Regulations on procedure for training of applicants for receipt of the certificate of the judicial managing director and advanced training of judicial managing directors

Scheme of training of applicants and advanced training of judicial managing directors

 

Appendix № 2

to Regulations on procedure for training of applicants for receipt of the certificate of the judicial managing director and advanced training of judicial managing directors

THE HIGHER SCHOOL OF BUSINESS AND ENTREPRENEURSHIP UNDER THE MINISTRY OF ECONOMIC DEVELOPMENT AND REDUCINGS POVERTY OF THE REPUBLIC OF UZBEKISTAN CERTIFICATE
No. 000000									AA series
____________________________________________________________________________________________ ____________________________________________________________________________________________ (surname, name middle name) ____________________________________________________________________________________________ (the term of training course I will also eat around the mastered hours)
underwent training at special rates in the direction of training of judicial managing directors.
Director ______________________________________________
		(F.I.O, signature)
M.P.						Registration No. ___________________
							"___" _________ 20 ___ year

Appendix №. 3

to Regulations on procedure for training of applicants for receipt of the certificate of the judicial managing director and advanced training of judicial managing directors

THE HIGHER SCHOOL OF BUSINESS AND ENTREPRENEURSHIP UNDER THE MINISTRY OF ECONOMIC DEVELOPMENT AND REDUCINGS POVERTY OF THE REPUBLIC OF UZBEKISTAN CERTIFICATE
No. 000000									AA series
____________________________________________________________________________________________ ____________________________________________________________________________________________ (surname, name middle name) ____________________________________________________________________________________________ (the term of training course I will also eat around the mastered hours)
there passed the training course in the direction of advanced training of judicial managing directors.
Director _______________________________________________
		(Full name, signature)
	M.P.					Registration No. ___________________
							"___" _________ 20 ___ year

 

Appendix №. 3

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of September 12, 2019 No. 765

The list of some decisions of the Government of the Republic of Uzbekistan recognized invalid

1. The resolution of the Cabinet of Ministers of March 23, 2004 No. 138 "About measures for the organization of activities of judicial managing directors of economically insolvent companies" (the joint venture of the Republic of Uzbekistan, 2004, No. 3, the Art. 33).

2. Item 39 of appendix No. 2 to the resolution of the Cabinet of Ministers of August 12, 2005 No. 196 "About modification of some decisions of the Government of the Republic of Uzbekistan".

3. Item 11 of appendix to the resolution of the Cabinet of Ministers of November 9, 2010 No. 248 "About modification of some decisions of the Government of the Republic of Uzbekistan" (the joint venture of the Republic of Uzbekistan, 2010, No. 11, the Art. 58).

4. Item 2 appendices to the resolution of the Cabinet of Ministers of December 13, 2011 No. 328 "About modification of some decisions of the Government of the Republic of Uzbekistan" (the joint venture of the Republic of Uzbekistan, 2011, No. 12, the Art. 98).

5. Item 4 of appendix to the resolution of the Cabinet of Ministers of February 6, 2013 No. 30 "About modification and amendments in some decisions of the Government of the Republic of Uzbekistan" (the joint venture of the Republic of Uzbekistan, 2013, No. 2, the Art. 9).

6. Item 39 of appendix No. 1 to the resolution of the Cabinet of Ministers of September 9, 2013 No. 244 "About modification and amendments, and also recognition voided some decisions of the Government of the Republic of Uzbekistan" (the joint venture of the Republic of Uzbekistan, 2013, No. 9, the Art. 64).

7. The resolution of the Cabinet of Ministers of October 8, 2013 No. 277 "About modification and amendments in the resolution of the Cabinet of Ministers of March 23, 2004 No. 138 "About measures for the organization of activities of judicial managing directors of economically insolvent companies" (the joint venture of the Republic of Uzbekistan, 2013, No. 10, the Art. 73).

8. Item 2 appendices to the resolution of the Cabinet of Ministers of March 31, 2015 No. 76 "About modification and amendments in some decisions of the Government of the Republic of Uzbekistan" (the joint venture of the Republic of Uzbekistan, 2015, No. 3, the Art. 23).

9. Item 29 of appendix No. 1 to the resolution of the Cabinet of Ministers of August 16, 2017 No. 638 "About modification and amendments, and also recognition voided some decisions of the Government of the Republic of Uzbekistan".

10. Item 20 of appendix No. 1 to the resolution of the Cabinet of Ministers of January 19, 2018 No. 34 "About modification, and also recognition voided some decisions of the Government of the Republic of Uzbekistan".

 

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