of July 21, 2006 No. 145
About approval of the Regulations on procedure for privatization and privatization of objects of state-owned property
In pursuance of the Resolution of the President of the Republic of Uzbekistan of April 26, 2006 No. PP-335 "About measures for enhancement of activities of the State Property Committee of the Republic of Uzbekistan", and also for the purpose of enhancement of processes of privatization and privatization the Cabinet of Ministers decides:
1. Approve updated Regulations on procedure for privatization and privatization of objects of state-owned property according to appendix No. 1.
2. Goskomkonkurention of the Republic of Uzbekistan:
when carrying out privatization and privatization to provide strict observance of requirements of the approved Provision, including development of effective strategy of privatization of the state assets, high-quality pre-sale preparation of the companies, their financial improvement, availability of information on the privatized companies (objects), transparency and publicity of the held auction, and also efficient control over the implementation by new owners of the investment obligations;
together with National broadcasting company of Uzbekistan to organize cycle of telecasts on explanation among the population of the mechanism of realization of the state assets in private property.
3. Recognize invalid some decisions of the Government of the Republic of Uzbekistan according to appendix No. 2.
4. To the ministries and departments to bring the regulations into accord with this resolution in a month.
5. To impose control of execution of this resolution on the deputy prime minister of the Republic of Uzbekistan Azimov R. S.
Prime Minister of the Republic of Uzbekistan
Sh. Mirziyoyev
to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of July 21, 2006 No. 145
1. This Provision is developed according to the Civil code of the Republic of Uzbekistan, the Law of the Republic of Uzbekistan "About privatization and privatization", other acts of the legislation and establishes procedures of privatization and privatization of objects of state-owned property.
2. Privatization (privatization) in the Republic of Uzbekistan can be performed in the following forms:
- transformation of the state company to economic society (joint-stock company, society with the limited and accessorial liability) or other commercial organizations;
- sales of objects of state-owned property and (or) the stocks owned by the state, shares and property shares to physical and non-state legal entities, including nonresidents of the Republic of Uzbekistan, at the exchange and off-exchange biddings according to the procedure, stipulated by the legislation.
3. According to the legislation during implementation of privatization (privatization) the administration of the company shall observe all provisions of the signed earlier collective agreement.
4. The choice of form of privatization (privatization) is made according to decisions of the President of the Republic of Uzbekistan, the Cabinet of Ministers or Goskomkonkurention of the Republic of Uzbekistan (territorial authority of Goskomkonkurention) taking into account production specifics, increases in efficiency of activities of the company and scales of production, cost of fixed assets and proposals of potential investors are more whole.
5. Privatization (privatization) of property of the Republic of Uzbekistan which is outside the republic is performed according to the legislation and international treaties of the Republic of Uzbekistan.
6. Statistical information on the course of privatization (privatization), the amounts of transactions on realization of property and receipts of the amounts of the redemption is submitted to Goskomkonkurention of the Republic of Uzbekistan in bodies of statistics according to the procedure and the terms established by the State committee of the Republic of Uzbekistan according to the statistics.
7. Privatization (privatization) is performed Goskomkonkurention of the Republic of Uzbekistan or its territorial authorities on the basis of programs of privatization and privatization (lists of the companies) approved (determined) decisions of the President of the Republic of Uzbekistan, decisions of the Cabinet of Ministers, and also appeals (requests) of legal entities and physical persons.
8. On the objects determined by decisions of the President of the Republic of Uzbekistan, the Cabinet of Ministers, Goskomkonkurention of the Republic of Uzbekistan:
- together with bodies of the public and economic board schedules of implementation of processes of privatization (privatization) according to the terms established by decisions of the President of the Republic of Uzbekistan, the Cabinet of Ministers affirm;
- the body performing carrying out privatization (privatization) - Goskomkonkurention or his territorial authority is determined.
On the objects determined by decisions of the President of the Republic of Uzbekistan, the Cabinet of Ministers of the Republic of Uzbekistan, the request from legal entities and physical persons (including from members of labor collective) on privatization (privatization) it is not required.
9. On the objects which are not specified in Item 8 of this provision, privatization (privatization) is performed according to Goskomkonkurention's decision or his territorial authority, within their competence, including based on requests of legal entities or physical persons, including members of labor collectives of these companies.
The body performing privatization or privatization (Goskomkonkurention or his territorial authority), is determined according to the procedure, the approved Goskomkonkurention of the Republic of Uzbekistan.
10. Request for privatization (privatization):
- from non-state legal entities, including nonresidents of the Republic of Uzbekistan, it shall be signed by owners or persons authorized by them on that and it is certified by the applicant's seal (appendix No. 1);
- from physical person (the citizen of the Republic of Uzbekistan, the citizen of foreign state and the stateless person) it shall be signed by it or person authorized on that (appendix No. 2);
- from labor collective of the company it is signed by the member of labor collective of the company, division authorized on it by general meeting (conference) of members of labor collective (appendix No. 3). The minutes abstract of general meeting (conference) of labor collective certified by seal of the company, the subscription list is applied to the request of labor collective. All listed above documents are certified by seal of the company.
11. The request for privatization or privatization of the company (object) moves in territorial authority of Goskomkonkurention in the location of the razgosudarstvlyaemy (privatized) company (object).
12. The copy of the document on payment in off-budget fund of Goskomkonkurention of special collection in the amount of three minimum wages shall be attached to the request for privatization (privatization). The collection amount irrespective of results of consideration to the applicant does not return.
13. The territorial authority of Goskomkonkurention within one working day from the moment of receipt of the request for privatization (privatization) informs on this Goskomkonkurention of the Republic of Uzbekistan. Goskomkonkurention of the Republic of Uzbekistan after receipt of information from territorial administration of Goskomkonkurention accepts, according to the legislation, the decision on carrying out or refusal in carrying out privatization (privatization), determines body (central office or territorial administration) performing privatization (privatization).
Within ten days from the moment of receipt of the request of Goskomkonkurention or his territorial administration information on the made decision on carrying out or refusal in carrying out privatization (privatization) in writing is carried to the applicant. In information the body which will perform privatization (privatization) is specified, - Goskomkonkurention or his territorial authority. In case of adoption of the negative decision the applicant is told causes of failure. At the same time, along with reasons for refusal, conditions and terms in case of which privatization (privatization) can be performed are specified.
The refusal in privatization or privatization, according to the Law of the Republic of Uzbekistan "About privatization and privatization", can follow in cases if:
the company (object) is included into the list not subject to privatization and privatization of the companies;
the applicant does not consider the features of privatization and privatization provided for this type of the company (object).
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The document ceased to be valid since October 13, 2014 according to Item 3 of the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of October 6, 2014 No. 279