of December 29, 2012 No. ZRU-345
About modification and amendments in some legal acts of the Republic of Uzbekistan
Accepted by Legislative house on November 9, 2012
Approved by the Senate on December 5, 2012
Article 1. Bring in the Law of the Republic of Uzbekistan of November 19, 1991 No. 425-XII "About privatization and privatization" (Sheets of the Supreme Council of the Republic of Uzbekistan, 1992, No. 1, Art. 43; 1993, No. 5, Art. 236; 1994, No. 11-12, of Art. 285; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, No. 9, Art. 193; 1998, No. 3, Art. 38; 1999, No. 1, Art. 20; 2003, No. 1, Art. 8; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2006, No. 4, Art. 153; 2010, No. 9, Art. 337; 2011, No. 4, Art. 97) following changes:
1) in paragraph seven of Article 3 of the word of "antitrust law" shall be replaced with words "legislations on the competition";
2) in Item 1 of Article 8 of the word of "antitrust law" shall be replaced with words "legislations on the competition".
Article 2. Bring in the Criminal code of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2012-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 1, Art. 3; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1996, No. 9, Art. 144; 1997, No. 2, Art. 56, No. 9, Art. 241; 1998, Art. No. 5-6, 102, No. 9, Art. 181; 1999, No. 1, Art. 20, No. 5, Art. 124, No. 9, Art. 229; 2000, No. 5-6, of Art. 153; 2001, Art. No. 1-2, 23, No. 9-10, Art. 165; 2002, No. 9, Art. 165; 2003, No. 1, Art. 8, No. 9-10, Art. 149; 2004, Art. No. 1-2, 18, No. 9, Art. 171; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 9, Art. 314, No. 12, Art. of the Art. 417, 418; 2006, No. 6, Art. 261, No. 12, Art. 656; 2007, No. 4, Art. of the Art. 158, 166, No. 6, Art. 248, No. 9, Art. of the Art. 416, 422, No. 12, Art. 607; 2008, No. 4, Art. of the Art. 187, 188, 189, No. 7, Art. 352, No. 9, Art. of the Art. 485, 487, 488, No. 12, Art. of the Art. 640, 641; 2009, No. 1, Art. 1, No. 4, Art. 128, No. 9, Art. of the Art. 329, 334, 335, 337, No. 12, Art. 470; 2010, No. 5, the Art. of the Art. 176, 179, No. 9, the Art. 341, No. 1 (553) - 113 - St. 1 No. 12, Art. of the Art. 471, 477; 2011, No. 1, Art. 1; 2012, No. 4, Art. 108, No. 9/1, Art. 242), following changes and amendments:
Article 41 to add 1) with part five of the following content:
"Failure to carry out of contractual commitments by subjects of entrepreneurship before banks and other financial organizations on rendered to them to services including issued to the credits, connected with entrepreneurial and other commercial risks, is not the basis for criminal prosecution of employees of banks and other financial organizations";
"Article 185-2 (abuse of regulations of use of electrical, heat energy, gas, water supply system)" shall be replaced with words 2) in part one of Article 66-1 of the word "Article 180 (pseudo-bankruptcy), Article 181 (bankruptcy concealment), Article 185-2 (abuse of regulations of use of electrical, heat energy, gas, water supply system), Article 189 (abuse of regulations of trade or rendering services), Article 191 (illegal collecting, disclosure or use of information)";
3) in Article 79:
add with part two of the following content:
"To persons condemned for making of the crimes provided by Articles 178 - 184, 185 - 185-2, 189 - 192 of this Code, in the absence of especially major damage caused to the state, the criminal record can be removed by court after at least one quarter of the terms specified in article 78 of this Code";
parts the second, third and fourth to consider respectively parts three, the fourth and fifth;
Article 183 to state 4) in the following edition:
"Article 183. Violation of the law about the competition and legislations on natural monopolies
Non-presentation to antimonopoly authority of information or the submission of obviously false information made after application of administrative punishment for the same act
- it is punished by penalty to twenty five minimum sizes of the salary or deprivation of certain right up to three years.
Evasion from execution or untimely execution of instructions of antimonopoly authority about the termination of violations, about recovery of initial provision, made after application of administrative punishment for the same act,
it is punished by penalty from twenty five to fifty minimum sizes of the salary or deprivation of certain right from three to five years or corrective works up to three years";
Disposition of part two of Article 223 to state 5) in the following edition:
"Same actions, committed: a) by break; b) by previous concert group of persons; c) repeatedly or dangerous recidivist; d) the official whose trip abroad requires special approval; e) person to whom the right to entry into the Republic of Uzbekistan is limited in accordance with the established procedure";
The eighth legal value of the terms "considerable size", "significant damage", "large size", "major damage", "small damage", "especially large size", "especially major damage" to state 6) in the Section in the following edition:
"The considerable size - the size is ranging from hundred to three hundred minimum sizes of the salary";
"Significant damage - damage ranging from hundred to three hundred minimum sizes of the salary";
"The large size - the size is ranging from three hundred to five hundred minimum sizes of the salary";
"Major damage - damage ranging from three hundred to five hundred minimum sizes of the salary";
"Small damage - damage ranging from thirty to hundred minimum sizes of the salary";
"Especially large size - the size equal to five hundred and more minimum sizes of the salary";
"Especially major damage - the damage equal to five hundred and more minimum sizes of the salary".
Article 3. Article 325 of the Code of penal procedure of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2013-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 2, Art. 5; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, No. 12, Art. 269; 1997, No. 2, Art. 56, No. 9, Art. 241; 1998, Art. No. 5-6, 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, No. 1-2, of the Art. of the Art. 11, 23, No. 9-10, Art. of the Art. 165, 182; 2002, No. 9, Art. 165; 2003, No. 5, Art. 67; 2004, Art. No. 1-2, 18, No. 9, Art. 171; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 12, Art. 418; 2006, No. 6, Art. 261; 2007, No. 4, Art. 166, No. 6, Art. of the Art. 248, 249, No. 9, Art. 422, No. 12, Art. of the Art. 594, 595, 607; 2008, No. 4, Art. of the Art. 177, 187, No. 9, Art. of the Art. 482, 484, 487, No. 12, Art. of the Art. 636, 641; 2009, No. 1, Art. 1, No. 4, Art. 136, No. 9, Art. 335, No. 12, Art. of the Art. 469, 470; 2010, No. 6, Art. 231, No. 9, Art. of the Art. 334, 336, 337, 342, No. 12, Art. 477; 2011, No. 4, Art. of the Art. 103, 104, No. 9, Art. 248, No. 12/2, Art. 363; 2012, No. 1, the Art. 3, No. 9/2, the Art. 244) to add with part two of the following content:
"Criminal cases about the crimes provided by Articles 167, of 170, of 172, 173 Criminal codes and made concerning the legal entity who does not have the state share in authorized fund, his worker are initiated only according to the statement of the head, owner or authorized body of management of this legal entity".
Article 4. 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, N 9-10, Art. of the Art. 165, 182; 2002, N 1, Art. 20, N 9, Art. 165; 2003, N 1, Art. 8, N 5, Art. 67, N 9-10, Art. 149; 2004, N 1-2, Art. 18, N 5, Art. 90, N 9, Art. 171; 2005, N 1, Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, N 9, Art. 312, N 12, Art. of the Art. 413, 417, 418; 2006, N 6, Art. 261, N 9, Art. 498, N 10, Art. 536, N 12, Art. of the Art. 656, 659; 2007, N 4, Art. of the Art. 158, 159, 164, 165, N 9, Art. of the Art. 416, 421, N 12, Art. of the Art. 596, 604, 607; 2008, N 4, Art. of the Art. 181, 189, 192, N 9, Art. of the Art. 486, 488, N 12, Art. of the Art. 640, 641; 2009, N 1, Art. 1, N 9, Art. of the Art. 334, 335, 337, N 10, Art. 380, N 12, Art. of the Art. 462, 468, 470, 472, 474; 2010, N 5, Art. of the Art. 175, 179, N 6, Art. 231, N 9, Art. of the Art. 335, 339, 341, N 10, Art. 380, N 12, Art. of the Art. 468, 473, 474; 2011, N 1, Art. 1, N 4, Art. of the Art. 104, 105, N 9, Art. of the Art. 247, 252, N 12/2, Art. 365; 2012, N 4, Art. 108, N 9/1, Art. 242), following changes and amendments:
1) in Article 61:
in word part three of "the fivefold minimum size" shall be replaced with words "thirty minimum sizes";
add with part four of the following content:
"The petty theft of property of the companies, organizations, the organizations which do not have the state share in authorized fund committed by their worker by theft, assignment, waste, abuse of official capacity or fraud attracts responsibility only according to the statement of the head, owner or authorized body of management of data of the companies, organizations, organizations";
To add 2) with Article 176-4 of the following content:
"Article 176-4. Violation of requirements for equipment of taxi single identification marks
Release to the line of the taxi which are not equipped with single identification marks or equipped with them with violation of the established requirements
attracts imposing of penalty on the officials responsible for technical condition and operation of vehicles, from five to seven minimum sizes of the salary.
Intentional non-use of the single identification marks by taxi drivers which are completely equipped with these signs in accordance with the established procedure or, despite their damage, transportation of passengers
attracts imposing of penalty on citizens from one to three minimum sizes of the salary";
Article 178 to state 3) in the following edition:
"Article 178. Violation of the law about the competition, legislations on natural monopolies and consumer protection laws
Non-presentation or untimely representation to antimonopoly authority and bodies for consumer protection of information or submission of obviously false information to them
attracts imposing of penalty on citizens from one to three, and on officials - from three to five minimum sizes of the salary.
Evasion from execution or untimely execution of instructions of antimonopoly authority about the termination of violations, about recovery of initial provision
attracts imposing of penalty on officials from five to ten minimum sizes of the salary.
Violation of anti-monopoly requirements in case of share acquisition (shares) and other property rights
attracts imposing of penalty on citizens from one to three minimum sizes of the salary";
4) in Article 223:
to add part one disposition after the words "without temporary or permanent registration" with the words "or without taking into account in the place of stay";
to state disposition of part three in the following edition:
"The assumption persons responsible for observance of rules of passport system, accommodation of citizens without passports either according to invalid passports or without temporary or permanent registration, without taking into account in the place of stay, and is equal assumption citizens of accommodation in the premises of persons occupied by them without passports, without temporary or permanent registration or without taking into account in the place of stay";
to add part four disposition after the words "without temporary or permanent registration" with the words "or without taking into account in the place of stay";
Article 245 part one after figure "176-3" to add 5) with figure "176-4";
Article 249 to state 6) in the following edition:
"Article 249. Bodies of the state fire supervision
Cases on the administrative offenses provided by Articles 84, of 124, of the 211th of this Code are subordinated to bodies of the state fire supervision.
Consider cases on administrative offenses and apply administrative punishments on behalf of bodies of the state fire supervision has the right:
the chief state fire supervision inspector of the Republic of Uzbekistan and its deputies - to impose penalty on citizens to five, and on officials - to ten minimum sizes of the salary;
the chief state inspectors of the Republic of Karakalpakstan, areas, the city of Tashkent, on the objects having especially important state value or raised pozharo-and potential of explosion, and on transport on fire supervision and their deputies, and also senior assistants of the chief state inspector of the Republic of Uzbekistan for fire supervision - to impose penalty on citizens to four, and on officials - to eight minimum sizes of the salary;
senior assistants of the chief state inspectors of the Republic of Karakalpakstan, areas, the city of Tashkent, on the objects having especially important state value or raised pozharo-and potential of explosion, and on transport on fire supervision - to impose penalty on citizens to two, and on officials - to three minimum sizes of the salary;
the senior state inspectors of areas (cities), on the objects having especially important state value or raised pozharo-and potential of explosion, on transport and organizations on execution of the punishment on fire supervision and their deputies - to impose penalty on citizens to one, and on officials - to two minimum sizes of the salary;
the state inspectors of areas (cities), on the objects having especially important state value or raised pozharo-and potential of explosion, on transport and organizations on execution of the punishment on fire supervision - to impose penalty on citizens to one second, and on officials - to one minimum size of the salary";
Parts two of Article 258 of the word "chief health officer of Management of internal troops of the Ministry of Internal Affairs of the Republic of Uzbekistan and his deputies (chief of the sanitary and epidemiologic station and senior epidemiologist)" to exclude 7) from the paragraph of third;
To state part one of Article 283 in the following edition:
"The protocol on administrative offense is not constituted if the citizen does not dispute the fact of making of offense by it and the penalty imposed on site does not exceed one second minimum sizes of the salary, and on cases on road traffic offenses only in the cases provided by parts one, the second and third article 138 of this Code as well as in other cases, stipulated by the legislation";
9) in Article 287:
in Item 1 of the word "Articles 176-3, 183, of 184, 184-1, 184-2, 184-3, 185, of 186, of 187, of 188, of 189, 189-1, 190, of 191, of 192, of 194, of 195, of 198, of 199, of 201, of 203, of 204, of 205, of 209, of 210, of 218, of 220, 224" shall be replaced with words "Article 176-3, part two of Article 176-4, Articles 183, of 184, 184-1, 184-2, 184-3, 185, of 186, of 187, of 188, of 189, 189-1, 190, of 191, of 192, of 194, of 195, of 198, of 199, of 201, of 203, of 204, of 205, of 209, of 210, of 218, of 220, 224";
in item 4 of the word of "border and internal troops" shall be replaced with words "and border troops";
in Item 8 of the word "Articles 176-3, 186-1, 198" shall be replaced with words "Article 176-3, part two of Article 176-4, Articles 186-1, 198";
10) in Article 291:
in part one:
in the word Item "and" "Articles 126, of 131, of 135, 135-1" shall be replaced with words "Article 126, Article 128-6 (if the transport driver is absent also abuse of regulations of stop or the parking creates hindrance for movement of participants of traffic), Articles 131, of 135, 135-1";
in the word Item of "border and internal troops" shall be replaced with words "and border troops";
the second to state part in the following edition:
"The procedure for delivery, the room and storage in parking lots of the vehicles detained for violations of the law (except vehicles of Armed Forces of the Republic of Uzbekistan and border troops), is established by the Cabinet of Ministers of the Republic of Uzbekistan".
Article 5. Bring in the Law of the Republic of Uzbekistan of December 21, 1995 N 154-I "About the Central bank of the Republic of Uzbekistan" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, N 12, Art. 247; 1998, N 9, Art. 181; 1999, N 5, Art. 124; 2001, N 1-2, Art. 23; 2003, N 1, Art. 8; 2005, N 1, Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2006, N 9, Art. 496; 2007, N 12, Art. 608; 2009, N 4, Art. 133, N 9, Art. of the Art. 330, 337, N 12, Art. 470; 2012, N 4, Art. 105) following changes and amendment:
And "credit unions" to exclude 1) from the paragraph of the fourth of part two of Article 3 of the word of "credit unions";
2) in Article 17:
to state the paragraph of the seventh in the following edition:
"approves economic standard rates for banks, microcredit institutions, pawnshops and the rule of carrying out financial and cash transactions, conducting financial accounting and the reporting for banks, microcredit institutions and pawnshops, and also considers their observance";
to exclude from the paragraph of the eighth word of "credit unions";
To exclude 3) from the name of the Section VIII of the word of "CREDIT UNIONS";
4) in Article 50:
from the name and part one of the word of "credit unions" to exclude;
second and third to state parts in the following edition:
"Central Bank registers banks, credit bureaus, and also you gives licenses for the right of banking operations, licenses activities of microcredit institutions, pawnshops, credit bureaus and production of forms of securities.
Registration of banks, credit bureaus, issue of licenses to banks, microcredit institutions and pawnshops are performed for a fee according to the procedure, established by the Central bank. Licensing for production of forms of securities is performed for a fee according to the procedure, established by the legislation. Information on the granted licenses is subject to publication, and also placement on the official website of the Central bank and is open for acquaintance";
in word part four to "credit unions" to replace with the word to "banks";
5) in Article 51:
"credit unions and" to exclude word parts one from the paragraph of third;
from paragraphs two, parts two of the word of "credit unions" and to "credit unions" to exclude the fourth, eighth, tenth;
to exclude from part six of the word of "credit unions";
6) in Article 52:
add with part two of the following content:
"Central Bank establishes obligatory economic standard rates for microcredit institutions and pawnshops";
the second to consider part part three;
7) in Article 53:
"credit unions" to exclude from word part four;
the fifth to replace part with parts five and the sixth the following content:
"In case of violation by microcredit institutions, their branches, and also pawnshops of requirements of the legislation on microcredit institutions and pawnshops, the established economic standard rates, the Central bank has the right to collect:
from microcredit institution penalty to one percent from the established minimum size of authorized fund;
from pawnshop penalty to the fiftyfold size of the established minimum wage.
The procedure for application of measures and sanctions against banks, microcredit institutions, pawnshops and credit bureaus, and also against producers of forms of securities is determined by the legislation".
Article 6. In part two of Article 868 of the Civil code of the Republic of Uzbekistan approved by the laws of the Republic of Uzbekistan of December 21, 1995 N 163-I and of August 29, 1996 N 256-I (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1996, appendix to N 2, N 11-12; 1997, N 2, Art. 56, N 9, Art. 241; 1998, N 5-6, Art. 102; 1999, N 1, Art. 20, N 9, Art. 229; 2001, N 1-2, Art. 23, N 9-10, Art. 182; 2002, N 1, Art. 20, N 9, Art. 165; 2003, N 1, Art. 8, N 5, Art. 67; 2004, N 1-2, Art. 18, N 5, Art. 90, N 9, Art. 171; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2006, N 4, Art. 154, N 9, Art. of the Art. 494, 498; 2007, N 1, Art. of the Art. 3, 5, N 4, Art. of the Art. 156, 164, N 8, Art. 367, N 9, Art. 416, N 12, Art. of the Art. 598, 608; 2008, N 4, Art. 192, N 12, Art. 640; 2009, N 9, Art. 337; 2010, N 9, Art. of the Art. 335, 337, 340; 2011, N 12/2, Art. of the Art. 363, 364, 365; 2012, N 4, the Art. of the Art. 106, of 109), words to "antitrust law" shall be replaced with words to "the legislation on the competition".
Article 7. Voided according to the Law of the Republic of Uzbekistan of 20.01.2016 No. ZRU-401
Article 8. From part one of article 25 of the Law of the Republic of Uzbekistan of April 30, 1998 N 600-I "About agricultural cooperative (shirkat)" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1998, N 5-6, Art. 84; 2003, N 9-10, Art. 149; 2004, N 1-2, Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2008, N 12, Art. 640; 2009, N 12, 472) the words "and restriction of monopolistic activities in the goods markets" to exclude the Art.
Article 9. Bring in the Law of the Republic of Uzbekistan of December 24, 1998 N 717-I "About the state control of activities of business entities" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1999, N 1, Art. 8; 2000, N 5-6, Art. 153; 2001, N 1-2, Art. 23; 2004, N 5, Art. 90; 2005, N 1, Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2006, N 3, Art. 119; 2007, N 12, Art. 598; 2008, N 12, Art. 640; 2010, N 9, Art. 336, N 12, Art. 474; 2011, N 9, Art. 248) following changes and amendments:
1) in Article 9:
add with part four of the following content:
"Checks of financial and economic activities of subjects of entrepreneurship can be initiated by bodies of the State Tax Service only in cases of identification of violations by results of the cameral control which is carried out on the basis of studying and the analysis by the subject of entrepreneurship of financial and tax statements, and also other documents on activities of the subject of entrepreneurship which are available in body of the State Tax Service provided in accordance with the established procedure";
the fourth and fifth to consider parts respectively parts five and the sixth;
To add 2) with Article 10-2 of the following content:
"Article 10-2. Notice of the subject of entrepreneurship on the beginning of conducting planned inspection
The monitoring body shall inform in writing the subject of entrepreneurship on the beginning of conducting planned inspection at least in thirty calendar days prior to conducting check with indication of terms and subject of conducting check";
The text of Article 15 to state 3) in the following edition:
"Checks according to the procedure of control are performed by monitoring bodies within one working day according to the procedure, determined by specially authorized body";
Part the fourth Article 18 to state 4) in the following edition:
"Checks of activities of subjects of entrepreneurship - members of associations of subjects of business activity can be performed at the request of subjects of business activity with participation of representatives of these associations".
Article 10. Bring in the Law of the Republic of Uzbekistan of December 24, 1998 N 719-I "About investing activities" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1999, N 1, Art. 10; 2004, N 1-2, Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2006, N 10, Art. 536; 2008, N 12, Art. 640) following changes:
1) in paragraph three of part one of Article 9 of the word of "antitrust law" shall be replaced with words "legislations on the competition";
The word "exclusive" to replace 2) in Article 13 part two with the word of "dominating".
Article 11. Bring in article 12 of the Law of the Republic of Uzbekistan of August 20, 1999 N 822-I "About telecommunications" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1999, N 9, Art. 219; 2004, N 9, Art. 171; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, N 9, Art. 311; 2006, N 4, Art. 157; 2007, N 9, Art. 414; 2011, N 12/2, Art. 366) following changes:
state the name in the following edition:
"Article 12. Development of the competition in the field of telecommunications";
in word part two to "suppression of the facts of unfair competition and restriction of monopolistic activities" shall be replaced with words to "suppression of the facts of unfair competition and restriction of the competition";
in text part three in word Uzbek "Rirr ракобат" shall be replaced with words "Insofsiz ракобат".
Article 12. Bring in the appendix N 1 to the Resolution of Oliy Majlis of the Republic of Uzbekistan of May 12, 2001 N 222-II "About the List of types of activity on which implementation licenses" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2002, N 6-7, Art. 105 are required; 2003, N 1, Art. 8; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2006, N 4, Art. 154; 2007, N 7, Art. 323, N 9, Art. 416; 2009, N 9, Art. 330; 2010, N 9, Art. of the Art. 335, 341, N 12, Art. 470; 2011, N 12/2, Art. 364; 2012, N 4, Art. 105) following changes:
the forty ninth to exclude the paragraph;
the fiftieth - the seventy fifth to consider paragraphs respectively paragraphs the forty ninth - the seventy fourth.
Article 13. Bring in the Law of the Republic of Uzbekistan of August 29, 2001 N 258-II "About execution of court resolutions and acts of other bodies" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2001, N 9-10, Art. 169; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2007, N 8, Art. 367, N 12, Art. 598; 2008, N 4, Art. of the Art. 184, 187; 2009, N 1, Art. 1; 2010, N 9, Art. of the Art. 337, 340) following changes:
1) in Article 56:
third to state part in the following edition:
"Realization of real estate, including the parcel of land, objects of construction in progress, the rights to long-term lease of real estate, property rights concerning the parcel of land is performed by the realtor organizations. Realization of automotor-vehicles, property rights on results of intellectual activities and means of individualization is performed by the relevant specialized organizations. Realization of the property specified in this part is performed on open biddings according to the procedure, established by the legislation";
in part four of the word "and exchanges" shall be replaced with words "and also realtor and other specialized organizations";
2) in Article 63:
in part one "exchanges" shall be replaced with words the word "realtor and other specialized organizations";
in part two "exchange" shall be replaced with words the word "realtor and other specialized organization".
Article 14. Bring in article 24 of the Law of the Republic of Uzbekistan of August 30, 2001 N 267-II "About trademarks, service marks and names of places of goods origin" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2001, N 9-10, Art. 178; 2002, N 9, Art. 165; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2007, N 9, Art. 418; 2011, N 12/2, Art. 364) following change and amendment:
add with part two of the following content:
"The certificate on the trademark can be nullified fully or partially within three years from the date of the publication of data on its registration in the statement in case of recognition in accordance with the established procedure of actions of the owner of the trademark by the fact of unfair competition";
second and third to consider parts respectively parts three and the fourth.
Article 15. In part six of article 14 of the Law of the Republic of Uzbekistan of December 6, 2001 N 310-II "About societies with the limited and accessorial liability" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2002, N 1, Art. 10; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2006, N 4, Art. 154; 2007, N 7, Art. 325, N 12, Art. 598; 2011, 363) the words "By the time of State Registration of Society" shall be replaced with words N 12/2, Art. "By the time of state registration of society only as credit institution".
Article 16. From paragraph two of article 12 of the Law of the Republic of Uzbekistan of August 26, 2004 N 660-II "About counteraction of legalization of income gained from criminal activities and to terrorism financing" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2004, N 9, Art. 160; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2007, N 4, Art. 167; 2009, N 4, 139) words "credit unions" to exclude the Art.
Article 17. In part four of article 56 of the Law of the Republic of Uzbekistan of July 20, 2006 N ZRU-42 "About copyright and the related rights" (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2006, N 7, Art. 372; 2011, 363) words "antitrust law" shall be replaced with words N 12/2, Art. "the legislation on the competition".
Article 18. Bring in the Law of the Republic of Uzbekistan of September 15, 2006 N ZRU-50 "About microfinancing" (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2006, N 9, the Art. 492) the following changes:
"Credit unions" to exclude 1) from the text of Article 7 of the word;
Article 19 to state 2) in the following edition:
"Article 19. Early return of the microcredit, microloan and early payment of project cost of microleasing
The borrower has the right to return ahead of schedule the amount of the received microcredit, microloan or ahead of schedule to pay microleasing project cost, and also to pay the added percent (interest income of the lessor) for the term of their actual use".
Article 19. Bring in the Law of the Republic of Uzbekistan of September 20, 2006 N ZRU-53 "About microcredit institutions" (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2006, N 9, the Art. 495) the following changes and amendments:
Shall be replaced with words 1) in part two of Article 4 of the word "and religious organizations" "the religious organizations, other microcredit institutions and pawnshops";
To exclude 2) from part one of Article 9 of the word "In Cases, Stipulated by the Legislation";
"Notarized" to exclude 3) from the paragraph of the fourth of Article 10 of the word;
Article 12 to state 4) in the following edition:
"Article 12. Suspension or cancellation of the license, and also its renewal and cancellation
The decision on suspension of action of the license is made in cases:
violations by microcredit institution of requirements of the legislation on microcredit institutions, including licensed requirements and conditions;
failures to carry out by microcredit institution of the decisions obliging to eliminate the violations revealed in its activities.
The decision on cancellation of the license is made in cases:
approaches of insolvency of microcredit institution;
systematic violation of requirements of the legislation on microcredit institutions, the established economic standard rates and misstatement of reporting data;
delays of implementation of activities for provision of microfinancial services more than for six months from the moment of licensing.
The decision on cancellation of the license can be made also in other cases according to the law.
Renewal of the license is performed in cases of transformation of microcredit institution, change of its name, the location (postal address) according to the procedure, stipulated by the legislation.
The license is cancelled in case of factual determination of receipt of the license with use of false documents.
Cancellation of the license does not attract recognition invalid earlier made transactions of microcredit institution";
To add 5) with Articles 12-1 and 12-2 of the following content:
"Article 12-1. Rights of microcredit institution
The microcredit institution has the right:
render microfinancial services with condition of ensuring obligation fulfillment by the borrower or without that according to the agreement;
it is motivated to refuse to the applicant rendering microfinancial service;
request from the applicant the documents necessary for rendering microfinancial service and obligation fulfillment under the agreement;
require early accomplishment of obligations by the borrower in case of untimely payment or use of the target microcredit not to destination;
render consulting and information services;
establish the penalty size (penalty, penalty fee) for non-execution or improper execution of obligations by borrowers of microcredit institution according to the agreement;
raise funds for rendering microfinancial services according to this Law.
The microcredit institution can have and other rights according to the legislation.
Article 12-2. Obligations of microcredit institution
The microcredit institution shall:
report in writing to the applicant the reliable and complete information about its rights and obligations, including about effects of non-execution or improper execution of agreement obligations, all costs connected with rendering microfinancial service and also about interest rate for the rendered microfinancial service;
render microfinancial services according to the procedure and the terms established by the agreement;
pay to the borrower the damages caused as a result of non-execution or improper execution of agreement obligations;
have authorized capital not below the established minimum size;
follow rules of carrying out financial and cash transactions, and also the established economic standard rates;
keep financial accounting, the reporting and other documentation according to the legislation;
to timely represent the reporting in accordance with the established procedure;
provide to the representatives of the Central bank of the Republic of Uzbekistan directed for conducting check, access to documents and other sources of information on activities of microcredit institution.
The microcredit institution can perform also other duties according to the legislation";
Part third of Article 13 to state 6) in the following edition:
"The microcredit institution has no right:
issue debt obligations and accept deposits (deposits) from legal entities and physical persons;
raise borrowed funds from physical persons, except for founders (participants, owners);
act as the guarantor or the guarantor according to obligations of the founders (participants, owners), and also to provide them different ways of ensuring execution of their obligations";
Article 15 to state 7) in the following edition:
"Article 15. Powers of the Central bank of the Republic of Uzbekistan on regulation and supervision of activities of microcredit institutions
Central Bank of the Republic of Uzbekistan exercises regulation and supervision of activities of microcredit institutions for the purpose of maintenance of stability of financial system, ensuring protection of interests of borrowers and creditors according to the Law of the Republic of Uzbekistan "About the Central bank of the Republic of Uzbekistan".
Central Bank of the Republic of Uzbekistan according to the procedure, stipulated by the legislation:
establishes the minimum size of authorized capital of microcredit institutions, rules of carrying out financial and cash transactions, conducting financial accounting and the reporting, and also economic standard rates;
approves procedure for charge of percent for the rendered microfinancial services;
checks activities of microcredit institutions and gives instructions, obligatory for execution, about elimination of the violations of requirements of the legislation on microcredit institutions revealed in their activities;
establishes requirements to carrying out audit of activities of microcredit institution;
establishes qualification requirements to the head of executive body of microcredit institution;
collects penalty to one percent from the established minimum size of authorized fund in case of violation by microcredit institution of requirements of the legislation on microcredit institutions and the established economic standard rates;
limits carrying out separate financial transactions of microcredit institution for a period of up to three months;
suspends or stops or renews and cancels the license of microcredit institution";
8) to add with Article 15-1 of the following content:
"Article 15-1. Service of internal audit
In microcredit institution with book value of assets more than one billion sum the decision of the supreme body of management of microcredit institution are created service of internal audit.
The service of internal audit is accountable only to the supreme body of management of microcredit institution. The head and other employees of service of internal audit are appointed by the supreme body of management of microcredit institution.
The service of internal audit exercises control and job evaluation of executive body and branches of microcredit institution by checks and monitoring of observance by them of the legislation, constituent and other documents, ensuring completeness and reliability of reflection of data in financial accounting and the reporting, statutory rules and procedures of implementation of financial and economic activities, and also safety of assets.
The service of internal audit performs the activities according to the procedure determined by the Central bank of the Republic of Uzbekistan";
The word "legislation" shall be replaced with words 9) in Article 16 part one "Central Bank of the Republic of Uzbekistan";
To add 10) with Article 16-1 of the following content:
"Article 16-1. Confidentiality of information in microcredit institutions
Microcredit institutions guarantee confidentiality of information on financial transactions and accounts of the borrowers and creditors. Members of governing bodies, employees of service of internal audit and executive body of microcredit institution shall keep secret on transactions and accounts of microcredit institution, her borrowers, and also on transactions with creditors.
For disclosure of confidential information of person to which this information was entrusted or became known in connection with accomplishment of service duties by them, bear responsibility in accordance with the established procedure.
The rules established by the legislation on bank secrecy are applied to microcredit institutions".
Article 20. Bring in the Tax code of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan of December 25, 2007 N ZRU-136 (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2007, appendix 1 to N 12; 2008, N 12, Art. 639; 2009, N 9, Art. of the Art. 330, 331, N 12, Art. of the Art. 470, 472, 473; 2010, N 5, Art. 178, N 9, Art. of the Art. 334, 335, 336, 337, N 10, Art. 380, N 12, Art. 474; 2011, N 1, Art. 1, N 9, Art. 248, N 12/2, Art. of the Art. 364, 365; 2012, N 4, Art. 106, N 9/1, Art. 238), following changes and amendments:
"Credit unions" to exclude 1) from the paragraph of the twelfth of Article 22 of the word;
Article 65 to add 2) with part four of the following content:
"When drawing by legal executives of collection orders on collection of tax debt execution of the collection orders exposed by bodies of the State Tax Service on the similar amounts of tax debt is cancelled";
Part third of Article 87 to state 3) in the following edition:
"Tax audits of activities of subjects of entrepreneurship of members of associations of subjects of business activity can be performed at the request of subjects of business activity with participation of representatives of these associations";
4) in Article 91:
add with parts two and third the following content:
"The body of the State Tax Service shall inform in writing the subject of entrepreneurship on the beginning of conducting scheduled tax audit at least in thirty calendar days prior to conducting check with indication of terms and subject of conducting check.
Checks of financial and economic activities of subjects of entrepreneurship can be initiated by bodies of the State Tax Service only in cases of identification of violations by results of the cameral control which is carried out on the basis of studying and the analysis by the subject of entrepreneurship of financial and tax statements, and also other documents on activities of the subject of entrepreneurship which are available in body of the State Tax Service provided in accordance with the established procedure";
the second - the eleventh to consider parts respectively parts four - the thirteenth;
Item 8 of article 176 after words of "the owner of private enterprise" to add 5) with words of "the member of family company";
6) in Article 179:
Item 6 after words of "the owner of private enterprise" to add with words "the member of family company and";
in Item 17 of the word "in banks and credit unions" shall be replaced with words "in banks";
Item 7 of Article 328 to state 7) in the following edition:
"7) for registration and the statement, accounting in the place of stay of citizens of the Republic of Uzbekistan, and also for registration and the statement of citizens of foreign states and stateless persons";
8) in paragraph one of part one of Article 335 of the word" (registration of the residence)" shall be replaced with words "or accounting in the place of stay";
Part the sixth articles 340 after the words "For Registration" to add 9) with the words "and accounting in the place of stay";
10) in part one of Article 351 of the word "except for 2 parts one of article 350 of this Code specified in Item" shall be replaced with words "except for 2 parts one of article 350 of this Code specified in Item and family company";
Paragraph two of part three of Article 356 to state 11) in the following edition:
"on acquisition of new processing equipment, implementation of quality management systems, carrying out certification of products on compliance to international standards, acquisition of complexes for conducting laboratory tests and testing, but no more than 25 percent of taxable basis. Reduction of taxable basis is made within five years since tax period in which the above-named expenses are performed, and on processing equipment - from the moment of its input in operation".
Article 21. Part the sixth article 39 of the Law of the Republic of Uzbekistan of July 22, 2008 N ZRU-163 "About the security market" (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2008, N 7, Art. 354; 2009, N 9, 337, N 12, 464) to state the Art. to the Art. in the following edition:
"The issuer shall:
a) provide the prospectus of the issue of securities and the annual statement of the issuer for acquaintance to all interested persons;
b) open by placement on the official website of authorized state body on regulation of the security market:
data on the place and procedure for acquaintance with the text of the prospectus of the issue of securities, and also information specified in paragraphs the second, the fourth, fifth and twelfth to part two of this Article, at least in two weeks prior to placement of securities, except for private placement of securities;
the annual statement of the issuer within two weeks after holding the annual general shareholder meeting or other supreme body of management of the issuer;
the report of the issuer following the results of the first quarter, the first half of the year and nine months within a month following reporting;
the Material Fact Statement in activities of the issuer within two working days from the date of its approach".
Article 22. Recognize invalid:
1) the Law of the Republic of Uzbekistan of April 4, 2002 N 355-II "About credit unions" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2002, N 4-5, Art. 65);
2) the Resolution of Oliy Majlis of the Republic of Uzbekistan of April 4, 2002 N 356-II "About enforcement of the Law of the Republic of Uzbekistan "About credit unions" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2002, N 4-5, Art. 66);
3) the Law of the Republic of Uzbekistan of April 4, 2006 N ZRU-29 "About modification and amendments in the Law of the Republic of Uzbekistan "About credit unions" (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2006, N 4, the Art. 155);
4) article 32 of the Law of the Republic of Uzbekistan of December 31, 2008 N ZRU-197 "About modification and amendments in some legal acts of the Republic of Uzbekistan in connection with enhancement of the tax legislation" (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2008, N 12, the Art. 640).
Article 23. 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.
Article 24. This Law becomes effective from the date of its official publication.
President of the Republic of Uzbekistan
I. Karimov
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