LAW OF THE REPUBLIC OF UZBEKISTAN

of October 4, 2021 No. ZRU-720

About entering of amendments and changes into the Code of the Republic of Uzbekistan about the administrative responsibility

Accepted by Legislative house on August 16, 2021

Approved by the Senate on September 30, 2021

Article 1. Bring in the Code of the Republic of Uzbekistan about the administrative responsibility approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2015-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 3, Art. 6; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, No. 9, Art. 193, No. 12, Art. 269; 1996, Art. No. 5-6, 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, Art. No. 5-6, 153, No. 7-8, Art. 217; 2001, Art. No. 1-2, 23, No. 9-10, Art. of the Art. 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, Art. No. 1-2, 18, No. 5, Art. 90, No. 9, Art. 171; 2005, No. 1, Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 9, Art. 312, No. 12, Art. of the Art. 413, 417, 418; 2006, No. 6, Art. 261, No. 9, Art. 498, No. 10, Art. 536, No. 12, Art. of the Art. 656, 659; 2007, No. 4, Art. of the Art. 158, 159, 164, 165, No. 9, Art. of the Art. 416, 421, No. 12, Art. of the Art. 596, 604, 607; 2008, No. 4, Art. of the Art. 181, 189, 192, No. 9, Art. of the Art. 486, 488, No. 12, Art. of the Art. 640, 641; 2009, No. 1, Art. 1, No. 9, Art. of the Art. 334, 335, 337, No. 10, Art. 380, No. 12, Art. of the Art. 462, 468, 470, 472, 474; 2010, No. 5, Art. of the Art. 175, 179, No. 6, Art. 231, No. 9, Art. of the Art. 335, 339, 341, No. 10, Art. 380, No. 12, Art. of the Art. 468, 473, 474; 2011, No. 1, Art. 1, No. 4, Art. of the Art. 104, 105, No. 9, Art. of the Art. 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, Art. of the Art. 341, 343; 2015, No. 6, Art. 228, No. 8, Art. of the Art. 310, 312, No. 12, Art. 452; 2016, No. 1, Art. 2, No. 4, Art. 125, No. 9, Art. 276, No. 12, Art. of the Art. 383, 385; 2017, No. 4, Art. 137, No. 6, Art. 300, No. 9, Art. 510, No. 10, Art. 605; 2018, No. 1, Art. of the Art. 1, 4, 5, No. 4, Art. 224, No. 7, Art. of the Art. 430, 431, 432, No. 10, Art. of the Art. 671, 673, 679; 2019, No. 1, Art. of the Art. 1, 3, 5, No. 2, Art. 47, No. 3, Art. of the Art. 161, 165, 166, No. 5, Art. of the Art. 259, 261, 267, 268, No. 7, Art. 386, No. 8, Art. of the Art. 469, 471, No. 9, Art. of the Art. 591, 592, No. 10, Art. of the Art. 674, 676, No. 11, Art. of the Art. 787, 791, No. 12, Art. of the Art. 880, 891; 2020, No. 1, Art. 4, No. 3, Art. of the Art. 203, 204, No. 7, Art. 449, No. 9, Art. of the Art. 539, 540, No. 10, Art. of the Art. 593, 596, No. 11, Art. 651, No. 12, Art. 691; 2021, No. 1, Art. of the Art. 5, 7, 12, 13, 14, No. 2, Art. 142, No. 3, Art. 217, No. 4, Art. of the Art. 290, 293, appendix to No. 4), following amendments and changes:

To add 1) with Article 17-2 of the following content:

"Article 17-2. The administrative responsibility of persons for the offenses fixed by the Single automated information system of the State Customs Committee of the Republic of Uzbekistan

In case of making of the administrative offenses provided by part two of Article 227-10 and part three of Article 227-13 of this Code, the customs applicant or his authorized representative is subject to the administrative responsibility.

In case of making of the administrative offense provided by part one of Article 227-16 of this Code, person which assumed obligation to customs authority is subject to the administrative responsibility.

In case of making of the administrative offense provided by part two of Article 227-22 of this Code, the declaring person, at the same time is subject to the administrative responsibility if this offense is made owing to specifying of unreliable information in the documents submitted for customs clearance, then the customs applicant who submitted the relevant documents and information or his authorized representative is subject to the administrative responsibility.

By consideration of administrative cases on the violations of the customs legislation fixed by the Single automated information system of the State Customs Committee of the Republic of Uzbekistan, frequency of committed offense is not taken into account, except for the case provided by part three of Article of 321 of this Code";

To add 2) with Article 21-2 of the following content:

"Article 21-2. Release from the administrative responsibility in connection with conciliation

Person, the made administrative offense, stipulated in Article 40 (slander), Article 41 (insult), Article 45 (violation of inviolability of home of citizens), Article 46 (disclosure of the data able to cause moral or material damage to the citizen), Article 461 (violation of personal privacy), Article 52 (causing slight injury), Article 612 (intentional destruction or damage of property), Article 104 (potrava of crops, spoil or destruction of the reaped crop of crops which is in the field, damage of plantings), Article 133 (the violation by transport drivers of traffic regulations which entailed causing to the victim of slight injury or essential material damage), Article 134 (the violation by drivers of traffic regulations which entailed damage of vehicles or other property), Article 183 (disorderly conduct), by Article 200 (arbitrariness) of this Code, it can be exempted from the administrative responsibility if it admitted the guilt, conciliated with the victim and smoothed down the harm done to it.

The body (official) considering case on administrative offense issues the decree on the direction of case in court for the solution of question of release from the administrative responsibility in connection with conciliation of the parties according to Article 313-1 of this Code.

Person who made the offense provided by part one of this Article, repeatedly within year is not subject to release from the administrative responsibility in connection with conciliation of the parties";

The sanction of part two of Article 227-10 to state 3) in the following edition:

"attracts imposing of penalty in the amount of three basic settlement sizes";

4) in Article 227-13:

in the name of the text in Uzbek to replace the word "k¸yish" with the word "zhoylashtirish";

to state disposition of part one in the following edition:

"Non-compliance with the established requirements and conditions of goods placement on storage, procedure for their storage, and equally in carrying out transactions with goods on the customs and free warehouses, except as specified, provided by part three of this Article, Articles 227-4, 227-8, 227-9 and 227-11 of this Code";

add with part three of the following content:

"Non-compliance with storage durations of goods in customs regime

attracts imposing of penalty in the amount of three basic settlement sizes";

The sanction of part one of Article 227-16 to state 5) in the following edition:

"attracts imposing of penalty in the amount of five basic settlement sizes";

The sanction of part two of Article 227-22 to state 6) in the following edition:

"attracts imposing of penalty in the amount of three basic settlement sizes";

7) in Article 245 part one:

"46-1, 46-2, 47, 47-1, 47-2, 47-3" shall be replaced with words figures "46-1, 46-2, parts two - the fourth Article 47, Articles 47-1, 47-2";

"Article 148 (for cultivation of fire on strip of branch and 100 meters from wooden bridges, smoking on wooden floorings of bridges are closer)" to exclude words;

"188, 188-1, 188-2" to replace figures with figure "188-1";

"Articles 2251, of 226, parts one - the fourth Article 2274, Articles 227-8, 227-9, 227-13, 227-14, 227-15, 22716, 227-17, 227-18, 227-19, 227-20, 227-21, 227-22, 227-23, 227-24, 227-25, 227-26, 227-27" shall be replaced with words words "Articles 225-1, 226, 227-4, 227-8, 227-9, parts one and the second Article 227-13, Articles 227-14, 227-15, parts two - the fifth Article 227-16, Articles 227-17, 227-18, 227-19, 227-20, 227-21, part one of Article 227-22, Articles 227-23, 227-24, 227-25, 227-26, 227-27";

8) in Article 248:

in part one:

"Articles 54, 561" shall be replaced with words words "Article part one 47, Articles 473, of 54, 561";

"Articles 147, of 156, of 161, of 183, Article part one 187, Articles 192, of 204, 205" shall be replaced with words words "Article 147, Article 148 (for cultivation of fire on strip of branch and 100 meters from wooden bridges, smoking on wooden floorings of bridges are closer), Articles 156, 161, 183, Article part one 187, Articles 188, 188-2, 192, of 204, 205";

to state item 4 of part two in the following edition:

"4) chief inspectors and inspectors on prevention of strong points of law-enforcement bodies - for the administrative offenses provided by Article part one 47, Articles 47-3, 54, 56-1, part one of Article 110 (concerning citizens), Article part one 111, parts one, the second, fourth and fifth Article 113, Articles 114, 122, 123, Article 127 (regarding aimless giving of sound signal), Article 128-6, Article 147 part one (for unauthorized excavation of highways, construction on them of humps and obstacles, non-execution of requirements of the permission issued for implementation of works on the highway and also abuse of regulations of content of roads), Article 148 (for cultivation of fire on strip of branch and 100 meters from wooden bridges, smoking on wooden floorings of bridges), Article 161 (concerning citizens are closer), Article part one 187, Articles 188, 188-2, 192, 221, Article part one 223, Articles 223-1, 223-3, Article part one 224 of this Code";

9) in Article 262:

in word part one "Articles 227, 227-1, 227-2, 227-3, 227-5, 227-6, 227-7, 227-10, 227-11, 227-12" shall be replaced with words "Articles 227, 227-1, 227-2, 227-3, 227-5, 227-6, 227-7, 227-10, 227-11, 227-12, part three of Article 227-13, Article part one 22716, Article 227-22 part two";

add with part three of the following content:

"Consider cases on the administrative offenses fixed by the Single automated information system of the State Customs Committee of the Republic of Uzbekistan and the chief inspectors, chief inspectors (inspectors) of customs authorities exercising customs control and registration have the right to apply administrative punishments in the form of penalty";

Article 271 to add 10) with Item 10-1 of the following content:

"10-1) offender conciliated with the victim on cases on administrative offenses, stipulated in Article the 212th of this Code";

Part the fourth Article 283 to state 11) in the following edition:

"In case of fixing by the special automated technical means of photo and video fixing of road traffic offense with use of the vehicle, and also fixing by the Single automated information system of the State Customs Committee of the Republic of Uzbekistan of violation of the customs legislation the protocol on administrative offense is not constituted";

Shall be replaced with words 12) in part two of Article 294 of the word "in Article 309-1 part one" "in part one of Article 309-1 and in Article 309-2 part one";

To add 13) with Article 309-2 of the following content:

"Article 309-2. The resolution on imposing of penalty in cases of fixing by the Single automated information system of the State Customs Committee of the Republic of Uzbekistan of violation of the customs legislation

The resolution on imposing of penalty on the violations of the customs legislation fixed by the Single automated information system of the State Customs Committee of the Republic of Uzbekistan is taken out without participation of person who made administrative offense.

The resolution on imposing of penalty is drawn up in electronic form, effectual in law, and is confirmed by the digital signature of the authorized person which constituted it.

The resolution on imposing of penalty within three days from the date of its removal goes to the offender electronically or is handed to it in paper form or goes by mail the registered mail with the assurance of receipt.

The resolution on imposing of penalty shall contain: date and place of its creation; the name of body, position and surname of person which issued the decree; the information about person brought to the administrative responsibility; time, the place and circumstances of making (identification) of administrative offense with indication of on part of Article, Article of the Special part of this Code providing responsibility for this offense; the made decision, procedure and payment due dates of the ordered to pay fine; the rights and obligations of person brought to the administrative responsibility and also procedural procedure for appeal of the resolution on imposing of penalty";

To add 14) with Chapter XXIII-1 of the following content:

"Chapter XXIII-1. The CLERICAL WORK ON CASES ON CONCILIATION

Article 313-1. The cases on administrative offenses which are subject to consideration in connection with conciliation

Due to conciliation cases on administrative offenses, stipulated in Article the 212th of this Code can be considered.

Article 313-2. Statement for conciliation

The application for conciliation can be submitted by the victim or his legal representative during consideration of the case by competent authorities (officials), and also at any stage of legal proceedings, but before adjudication.

In the statement it shall be specified about compensation of the caused damage and request for suit abatement for administrative offense in connection with conciliation.

If the application for conciliation is submitted during consideration of the case in Trial Court, the court immediately starts its consideration.

If on case there are several victims, then proceeedings about conciliation are possible only in case of achievement of conciliation with all victims.

In case of reception of an application the competent authority (official) and court shall explain to the victim or his legal representative that in case of approval of conciliation by court the victim or it loses the right to petition for renewal of proceeedings.

Article 313-3. Procedure for the direction of case on administrative offenses in court

Competent authority (official), having received the application for conciliation of the victim or his legal representative, in three-day time, with the consent of the offender, issues the decree on the direction of case in court in connection with conciliation of the parties and directs case on cognizance.

In descriptive part of the resolution it is specified:

basis for production of case on administrative offense;

information about persons who made administrative offense, and the administrative offenses made by them;

contents of the statement for conciliation and relation of the offender to the statement.

In substantive provisions of the resolution it is specified:

the decision on the direction of case in court;

information on physical evidences.

If on case several persons are involved as offenders and not with all conciliation, then materials concerning offenders with whom conciliation is not reached is reached, are allocated and production on them is performed with observance of general rules.

The circumstances provided by part four of this Article shall be specified in the resolution of competent authority (official) on the direction of case in court in connection with conciliation of the parties.

Article 313-4. Legal proceedings

Legal proceedings on the case of conciliation shall be considered no later than three days from the date of its receipt in court.

Take part in judicial session: the offender, the victim, their legal representatives and the lawyer, if the last participates in case.

Proceedings on the case of conciliation are initiated from announcement of the statement of the victim for conciliation.

The court hears the offender and the committed administrative offense which was injured about circumstances.

The court determines:

voluntariness of conciliation and its motives;

voluntariness of recognition of fault by the offender;

whether the offender realized effect of the act made by it and whether took measures for smoothing down of the caused damage;

whether there was on the victim or the offender no pressure;

the questions connected with compensation of the caused damage;

the consent of the offender, victim and their legal representatives on conciliation.

Then the court hears lawyer's opinion if it participates in judicial session.

If during judicial session are established not voluntariness of conciliation, recognitions of fault, refusal of compensation of damage, then the court repeals the resolution on the direction of case in court in connection with conciliation of the parties and considers case in accordance with general practice.

However in the presence in committed act of signs of other administrative offense or actus reus the court repeals the resolution on the direction of case in court in connection with conciliation of the parties and directs case to the body which drew up the protocol on administrative offense or initiated proceedings on administrative offense for consideration in general procedure or for conducting investigation verification, inquiry and preliminary inquiry.

By results of legal proceedings the court issues the decree according to the procedure, established by the law.

During judicial session the protocol by rules, stipulated in Article the 308th of this Code is taken.

Article 313-5. Court order

In the prolog of the court order it is specified:

time and place of pronouncement of the resolution;

the name of the court which issued the decree, name, middle name, surname of the judge, court secretary, the parties, the translator if the last participates in case;

name, middle name and surname of the offender, year, month, day and the birthplace, the residence, place of employment, occupation, education and the other information concerning case.

In descriptive and motivation part of the court order the circumstances which formed the basis for conciliation are stated, answers to the questions listed in Article 313-4 of this Code are formulated.

In substantive provisions of the resolution the court resolves the following issues:

about diversion about administrative offense in connection with conciliation of the parties or on other bases specified in article 310 of this Code about imposing of administrative punishment or the direction of case to the body which drew up the protocol on administrative offense or initiated proceedings on administrative offense;

about physical evidences;

about compensation of damage.

The complaint by the offender, the victim, their legal representatives, the lawyer and protest the prosecutor can be made about the court order";

Part third of Article 321 to state 15) in the following edition:

"In case of cancellation of the resolution with the direction on new trial of case on the road traffic offenses fixed by the special automated technical means of photo and video fixing, or case on the violations of the customs legislation fixed by the Single automated information system of the State Customs Committee of the Republic of Uzbekistan, this case concerning person who made this administrative offense is subject to consideration in accordance with general practice taking into account frequency of the offenses which are earlier made by it".

Article 2. To the Cabinet of Ministers of the Republic of Uzbekistan:

bring decisions of the government into accord with this Law;

provide review and cancellation by state bodies of their regulatory legal acts contradicting this Law;

provide execution, bringing to contractors and explanation among the population of essence and value of this Law.

Article 3. This Law becomes effective from the date of its official publication.

Items 1, 3 - 6, the paragraph the fifth Item 7, Items 9, of the 11 - 13 and 15 article 1 of this Law become effective after three months from the date of entry into force of this Law.

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