RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of February 20, 2020 No. 104

On regulation of the market of external advertizing

For the purpose of preserving the historical and town-planning circle and architectural appearance of the available buildings of areas (cities), control of regulation of installation of the advertizing structures and their operation, forming of the principles and conditions providing the equal rights for all members of the sphere of external advertizing and also according to the Town-planning code, the laws of the Republic of Uzbekistan "About advertizing" and "About the government on places", the DECIDES: Cabinet of Ministers

1. Approve:

Regulations on procedure for construction of objects (designs) for external advertizing according to appendix No. 1;

Regulations on procedure for forming of the list of the parcels of land, buildings and constructions which are state-owned property, provided for construction of objects (designs) of external advertizing according to appendix No. 2;

Regulations on procedure for determination of the amount of payments for the established objects (designs) of external advertizing according to appendix No. 4;

The general technical regulation of safety of objects (designs) of external advertizing according to appendix No. 5.

2. Determine that:

a) prolongation of effective periods of the agreements signed according to the legislation before adoption of this resolution on installation of objects (designs) of external advertizing, the issued passports, certificates, certificates, permissions and other documents of title is performed:

for objects (designs) of external advertizing on the parcels of land - for 10-year term, for objects (designs) of external advertizing on the buildings and constructions which are state-owned property - for 5-year term, with issue of passports of advertizing space through the Centers of the state services;

by payment of the amount of the onetime charge specified in appendix No. 2 to the Regulations on procedure for determination of the amount of payments for the established objects (designs) of external advertizing and these funds within year are transferred by monthly equal shares to the local budget of areas (cities);

b) prolongation of terms of the passports, certificates, permissions and other documents of title on objects (designs) of external advertizing received with use of forgery documents, and also documents on objects (designs) of external advertizing established without decisions of the relevant authorized body is forbidden, these documents are considered as invalid;

c) for the objects (designs) of external advertizing established on the parcels of land with video screens the term specified in the subitem "an" of this Item is prolonged in addition for 10 years;

d) 0,5 coefficient is applied to the objects (designs) of external advertizing established on the parcels of land with video screens to the amount of collection for the right of the placement of external advertizing established by public authorities on places;

e) in case of placement on objects (designs) of external advertizing of information on national holidays, the state visits of foreign leaders and other governmental activities the amount of monthly collection for the right of placement of external advertizing according to the decision of the relevant khokimiyat decreases in proportion to days of placement;

e) for reduction of all objects (designs) of external advertizing which are legally established before adoption of this resolution in compliance with requirements of this resolution, six months from the date of adoption of this resolution are allotted and the advertizing objects (designs) which are not brought in this time into accord with the established requirements are subject to demolition (dismantle) by their owners in voluntary procedure by own efforts, and the parcel of land is put in order, otherwise dismantle of constructions is carried out judicially by local khokimiyats and all expenses are collected from owners of advertizing objects (designs);

g) in case of identification of construction according to requirements of this resolution on one advertizing space of several objects (designs) of external advertizing and accessory their different subjects of entrepreneurship, by holding repeated electronic auction are granted the construction right on this place only of one object (design) of external advertizing;

h) the starting price for acquisition of right to construction of objects (designs) of external advertizing by means of electronic online auctions on electronic trade platform of "E-auksion" is determined in the following procedure:

for the parcels of land - the 10-fold size of the land tax established for the corresponding territory for every year of expected term of use suffices;

for the buildings and constructions which are state-owned property - in the amount of at least the established minimum rate for 1 sq.m of the area of facade and perimeter of the area of the building and construction, and also for each advertisement panel established on buildings and constructions for every year of expected term of use;

i) realization on electronic trade platform of "E-auksion" of the right to construction of objects (designs) of external advertizing on the parcels of land, buildings and constructions which are state-owned property is performed according to the procedure, established by the resolution of the Cabinet of Ministers.

3. Approve the offers of khokimiyat of the city of Tashkent and the Ministry of construction of the Republic of Uzbekistan on introduction since March 1, 2020 of special procedure for activities in the field of placement of external advertizing in the city of Tashkent providing:

a) determination of the State unitary enterprise "Architectural and Planning Bureau" in structure of Head department of city building of Tashkent as working body of khokimiyat of the city of Tashkent for the activities performed in the field of advertizing according to the resolution of the Cabinet of Ministers of August 30, 2018 No. 702, with assignment of the following tasks on it:

determination of the parcels of land provided for construction of objects (designs) of external advertizing, forming of their list;

conducting system monitoring of objects (designs) external advertizing, identification of cases of their illegal placement and entering into authorized body of offers for acceptance of adequate measures;

b) provision of the right of placement of objects (designs) of external advertizing on the parcels of land (by means of "E-IJRO AUKSION") only for high-technology objects (designs) of external advertizing;

c) step-by-step replacement of the placed objects (designs) of external advertizing by high-technology constructions till December 31, 2020 on paramount central main streets and till December 31, 2021 - on minor central main streets;

d) placement on paramount central main streets of high-technology objects (designs) of external advertizing only with video screens, and the mixed types - on minor central main streets.

At the same time the passport of advertizing space for objects (designs) of external advertizing established on paramount and minor central main streets is issued according to permission to the terms specified in the subitem "v" of this Item, and the onetime charge specified in appendix No. 2 to the Regulations on procedure for determination of the amount of payments for the established objects (designs) of external advertizing is not levied.

In case of failure to carry out at the scheduled time of works on replacement of objects (designs) of external advertizing by high-technology constructions such constructions clean up (are dismantled) by their owners by own forces, and the parcel of land is put in order, otherwise dismantle is performed by the relevant khokimiyat judicially and all expenses are collected from owners of advertizing objects (designs).

4. To khokimiyat of the city of Tashkent together with the Ministry of construction of the Republic of Uzbekistan in a month:

approve the list of paramount and minor central main streets on which high-technology objects (designs) of external advertizing shall be established;

provide entering into the charter of the state unitary enterprise "Architectural and Planning Bureau" of the corresponding changes and amendments following from requirements of this resolution and other acts of the legislation.

5. To the ministry of construction together with Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent following the results of implementation of special procedure for activities in the field of placement of external advertizing in the city of Tashkent till January 1, 2021 to make in the Cabinet of Ministers offers on further enhancement of regulations of Item 3 of this resolution and their application in other regions of the republic.

6. To provide to khokimiyats of areas (cities):

studying of the territories for the purpose of the determination of the parcels of land and buildings and constructions which are state-owned property, provided for construction of objects (designs) of external advertizing;

preparation of the documents establishing right to use by the parcel of land for placement of objects (designs) of external advertizing and also the right of placement of objects of advertizing on the buildings and constructions which are state-owned property;

conducting system monitoring of objects (designs) external advertizing and identification of cases of their illegal placement;

advertizing accounting, including the social advertizing placed on objects (designs) of external advertizing;

taking measures to non-admission of placement of personal announcements of the population of any kind on outer side of the residential buildings (on balcony, loggia, windows, doors and other parties) located along the carriageway of roads;

entering of offers into territorial administrations of the Antimonopoly Committee of the Republic of Uzbekistan for acceptance of adequate measures in the cases of offenses revealed in this sphere.

7. To Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent together with the Prosecutor General's Office of the Republic of Uzbekistan, the Agency on on consumer protection under the Antimonopoly Committee, the Ministry of Internal Affairs, the Ministry of Culture, the Ministry of construction, the State committee on tourism development of the Republic of Uzbekistan, the non-state non-profit organizations expressing interests of operators of external advertizing, and other interested organizations to provide:

creation in ten-day time in each region (city) of special working groups (further - special working groups), carrying out the inventory on compliance of all types of objects (designs) of external advertizing to requirements of this resolution;

issue of the conclusions by results of the inventory about compliance of the placed objects (designs) of external advertizing to requirements of this resolution (further - the conclusions);

cancellation within ten calendar days of the passports, certificates, permissions and other documents of title on objects (designs) of external advertizing received before adoption of this resolution with use of forgery documents, and also documents on objects (designs) of external advertizing established without decision of the relevant authorized body;

take necessary measures for dismantle within thirty calendar days of objects (designs) of external advertizing on which are cancelled or there are no passports, certificates, certificates, permissions and other documents of title of placement (established without the permission);

issue of instructions to owners of objects (designs) of external advertizing about elimination within six months from acceptance date of this resolution of cases of discrepancy to requirements of this resolution.

To the chairman of the board of Ministers of the Republic of Karakalpakstan and hokima of areas in a month, to hokim of the city of Tashkent - in three-months time to provide entering into the Cabinet of Ministers of the detailed information about results of the works performed by working groups and the taken measures for regulation of placement of external advertizing in the administrative territory.

8. Establish procedure according to which:

on dividing sections of highways, in particular on the parts separating the carriageways close to the road which is not intended for movement or stop of vehicles there is higher than the level of road and (or) the designated horizontal line, and also sidewalks and pedestrian roadsides, islands of safety placement of objects (designs) of external advertizing, except for safety islands at intersections with roundabout is forbidden;

the positive conclusion is issued only in case of full compliance of the placed objects (designs) of external advertizing to requirements of this resolution, and also elimination for the corresponding instructions of earlier revealed offenses;

the positive conclusion is the basis for receipt of the passport of advertizing space through the Centers of the state services;

members of special working groups bear the personal responsibility for timely submission to Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent of materials about legality and reliability of the issued conclusions, and also about cancellation of passports, certificates, permissions and other documents of title on objects (designs) of external advertizing;

owners of objects (designs) of external advertizing have the right to appeal judicially the conclusions of special working groups, and also decisions of Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent on cancellation of passports, certificates, permissions and other documents of title on objects (designs) of external advertizing;

The Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent based on the conclusions of special working groups create databases of objects (designs) of external advertizing on areas (cities) and areas;

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