RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of June 2, 2010 No. 105

About approval of the Regulations on the State committee of the Republic of Uzbekistan on demonopolization and development of the competition and the Actions plan on further enhancement of the legislation and increase in efficiency of works on protection of the competition and restriction of monopolistic activities in the goods markets, consumer protection and advertizing activities

According to the resolution of the President of the Republic of Uzbekistan of March 2, 2010 "About the organization of activities of the State committee of the Republic of Uzbekistan for demonopolization and development of the competition" and for the purpose of further enhancement of work on protection of the competition in the goods and financial markets, consumer protection and advertizing activities the Cabinet of Ministers decides N PP-1293:

1. Approve:

Regulations on the State committee of the Republic of Uzbekistan on demonopolization and development of the competition according to appendix No. 1;

The actions plan on further enhancement of the legislation and increase in efficiency of works on protection of the competition and restriction of monopolistic activities in the goods markets, consumer protection and advertizing activities according to appendix No. 2.

2. To provide to the state committee of the Republic of Uzbekistan on demonopolization and development of the competition necessary coordination, timely and high-quality accomplishment of the approved Actions plan and to quarterly inform the Cabinet of Ministers of the Republic of Uzbekistan.

3. Make changes and additions to some decisions of the Government of the Republic of Uzbekistan according to appendix No. 3.

4. To impose control of execution of this resolution on the First Deputy Prime Minister of the Republic of Uzbekistan R. S. Azimov.

Appendix №1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of June 2, 2010 No. 105

Regulations on the State committee of the Republic of Uzbekistan on demonopolization and development of the competition

I. General provisions

1. The state committee of the Republic of Uzbekistan on demonopolization and development of the competition (further - Goskomdemonopolization) is the state body enabling the realization of the antimonopoly policy, ensuring development of the competition, regulation of activities of natural monopolies, reorganization of economically insolvent companies, consumer protection, and also control of advertizing activities.

Goskomdemonopolization in the activities it is accountable to the Cabinet of Ministers of the Republic of Uzbekistan.

2. Goskomdemonopolization in the activities is guided by the Constitution and the laws of the Republic of Uzbekistan, resolutions of chambers of Oliy Majlis of the Republic of Uzbekistan, decrees, resolutions and orders of the President of the Republic of Uzbekistan, resolutions and orders of the Cabinet of Ministers of the Republic of Uzbekistan and other acts of the legislation, and also this Provision.

3. Goskomdemonopolization are a part of the system Committee on demonopolization and development of the competition of the Republic of Karakalpakstan, territorial administrations on demonopolization and development of the competition of areas and Tashkent (further - territorial authorities), the Center for enhancement of the antimonopoly policy in case of Goskomdemonopolization (further - the Center).

4. Goskomdemonopolization performs the activities in interaction with other bodies of the public and economic board, public authorities on places, public associations and other organizations.

5. Content, material logistics, advanced training, preparation and retraining of personnel of Goskomdemonopolization and his territorial authorities are performed for the account:

means of the government budget;

means of off-budget fund;

other sources which are not prohibited by the legislation.

6. Goskomdemonopolization, its territorial authorities are legal entities, have seal with the image of the State Emblem of the Republic of Uzbekistan and with the name, personal accounts in divisions of Treasury.

II. Tasks and Goskomdemonopolization's functions

7. The main objectives and activities of Goskomdemonopolization are:

realization of the effective antimonopoly policy, control of compliance with law about the competition and natural monopolies;

implementation of measures for further enhancement of the legal framework for development in the republic of competitive environment, to suppression of unfair competition in the goods or financial markets, first of all, in the domestic consumer market and in the field of advertizing, to non-admission of wrongful acts from state bodies and the government on places concerning business entities, to providing in close coordination with public structures of protection of legitimate interests and the rights of consumers;

carrying out the deep analysis of financial and economic condition and competitiveness of economically insolvent companies, implementation of functions on restructuring and bankruptcy of business entities, representation of interests of the state by consideration of questions of restructuring, sanitation and bankruptcy.

8. For accomplishment of the assigned Goskomdemonopolization's tasks performs the following functions:

a) in the field of demonopolization and anti-monopoly regulation, including industries of natural monopolies, and development of competitive environment:

creates and keeps the state registers of the business entities holding dominant position in the goods or financial market and subjects of natural monopolies;

exercises control of observance of requirements of the legislation on the competition, about natural monopolies during creation, reorganization and liquidation of business entities, including subjects of natural monopolies, and also in case of share acquisition (shares) in authorized capital (authorized capital) of business entities;

carries out studying and establishes availability of dominant position of business entity or group of persons in the goods or financial market, suppression of anti-competitive actions and unreasonable increase in prices;

performs price analysis and rates for products and services of natural monopolies, protects the rights of consumers from unreasonable overestimate of the prices and decline in quality of products and the services provided by subjects of natural monopolies;

exercises control of observance of regulated prices (rates) and markups on goods (works, services);

develops and enhances the normative and legal and methodological base aimed at providing effective state regulation and control of activities of the business entities holding dominant position in the goods and financial markets and subjects of natural monopolies, development of competitive environment;

participates in development and realization of the public and economic board by bodies, public authorities on places of republican, industry and regional programs of demonopolization and development of the competition;

develops offers on further enhancement of the antimonopoly policy, competition development, sends them to the Cabinet of Ministers of the Republic of Uzbekistan, to bodies of the public and economic board, public authorities on places;

performs within the competence protection of business entities against unfair competitors and wrongful acts of state bodies and the government on places and their officials violating the law on the competition on bankruptcy;

within the competence controls execution by state bodies, public authorities on places and enterprise monopolists of the adopted legal and other acts for the purpose of ensuring access of business entities on the goods or financial markets;

makes in accordance with the established procedure decisions on exposure of exclusive types of products to the exchange biddings;

participates in carrying out the competitive biddings on implementation of purchases of goods (works, services) and accomplishment of construction works at the expense of centralized sources and the credits under government guarantees;

exercises control of compliance with law about the competition, including when carrying out the competitive (tender) and exchange biddings;

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