of December 11, 2013 No. 20
About some questions of court practice on the cases connected with business activity
Due to the questions which arose in court practice by hearing of cases, connected with business activity, being guided by article 17 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Explain to courts that according to article 65 of the Constitution of the Republic of Uzbekistan, the state creates conditions for development of the market relations and fair competition, guarantees freedom of economic activity, entrepreneurship and work taking into account priority of the rights of consumers.
Proceeding from sense of this constitutional regulation, everyone has the right to free use of the capabilities and property for entrepreneurial and other, not prohibited by the law economic, activities.
2. According to article 3 of the Law of the Republic of Uzbekistan "About guarantees of freedom of business activity" business activity (entrepreneurship) are the initiative activities performed by subjects of business activity according to the legislation, directed to income acquisition (profits) on the risk and under the property responsibility.
The legal entities and physical persons (individual entrepreneur) which underwent state registration in accordance with the established procedure and performing business activity treat subjects of business activity (article 4 of the Law of the Republic of Uzbekistan "About guarantees of freedom of business activity").
The individual entrepreneurship under the law is understood as implementation of business activity by physical person independently, without formation of legal entity.
3. Courts should mean that for recognition of any activities of person entrepreneurial availability of two circumstances - systemacity of the made actions directed to profit earning, and implementation of such activities as the main, i.e. professional is obligatory.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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