It is registered
Ministry of Justice
Republic of Uzbekistan
On April 23, 2002 No. 1131
of March 13, 2002 No. 2002-04
About approval of the Regulations on procedure for hearing of cases and application of sanctions for violation of the law of the Republic of Uzbekistan about the security market
According to the Law of the Republic of Uzbekistan "About the security market" and on the basis the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of August 7, 2019 to No. 650 "About approval of regulations on the Agency on market development of the capital of the Republic of Uzbekistan and Fonda of assistance to market development of the capital under Agency on market development of the capital of the Republic of Uzbekistan, I order:
1. Approve the enclosed Regulations on procedure for hearing of cases and application of sanctions for violation of the law of the Republic of Uzbekistan on the security market.
2. Enact this order after one month from the date of its state registration in the Ministry of Justice of the Republic of Uzbekistan.
3. From the moment of enforcement of this order to declare invalid the Regulations on procedure for registration and application of sanctions for violations of the law on securities approved by the Center for coordination and control of functioning of the security market under the State Property Committee of the Republic of Uzbekistan of April 4, 1998 No. 05-1-18/296 (рег. No. 439 of May 22, 1998), and also changes and amendments No. 1 to the Regulations on procedure for registration and application of sanctions for the violations of the law about securities approved by the Center for coordination and control of functioning of the security market under the State Property Committee of the Republic of Uzbekistan of June 4, 2001 No. 2001-5 (рег. No. 439-1 of June 16, 2001).
CEO
M. Yunusmatov
Approved by the Order of the CEO of the Center for coordination and control of functioning of the security market under the State Property Committee of the Republic of Uzbekistan of March 13, 2002 No. 2002-4
This Provision determines procedure for hearing of cases and application of sanctions for violation of requirements of the Laws of the Republic of Uzbekistan "About the security market" and "About joint-stock companies and protection of shareholder rights", and also other regulatory legal acts of the Republic of Uzbekistan governing the relations in the security market (further the legislation on the security market).
Requirements of the Provision do not extend to cases when authorized bodies on hearing of cases and application of sanctions instructions about elimination of violations of the law about the security market which have removable nature, without acceptance to production of case on violation of the law about the security market go.
1. Are applied to the members of the security market who violated the law on the security market:
sanctions, the stipulated in Article 56 Laws of the Republic of Uzbekistan "About the security market" and the Regulations on the Agency on market development of the capital of the Republic of Uzbekistan approved by the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of August 7, 2019 No. 650.
Administrative punishments, the stipulated in Article 174-1 Code of the Republic of Uzbekistan about the administrative responsibility are applied to the officials of members of the security market who violated the law on the security market.
2. Authorized bodies on hearing of cases and application of sanctions are Agency on market development of the capital of the Republic of Uzbekistan (further - the Agency). and its territorial authorities.
Application of the sanctions provided in the paragraph the second Item of 1 this provision by the Agency and its territorial authorities is performed in cases and procedure, stipulated by the legislation.
According to article 245 of the Code of the Republic of Uzbekistan about the administrative responsibility of case on administrative offenses, the stipulated in Article 174-1 Code, are considered by administrative law judges.
3. The agency and its territorial authorities provide:
timely clarification of the facts of the case and permission it in the procedure established by the legislation;
control of execution of the passed decision;
4. Cases on violations of the law on the security market concerning issuers whose issues of securities are registered by the Agency are subordinated to the agency.
Cases are subordinated to territorial departments of the Agency:
a) about violations of the law about the security market concerning issuers whose issues of securities are registered by them;
b) about violations of the law about the security market if they are made by other members of the security market, being in its territory, except as specified, provided by the first paragraph of item 4 of this provision.
If violation of the law about the security market was made by separate division of the legal entity, this case is considered by territorial authority of the Agencies in which location this separate division is located.
5. The agency has the right:
- accept to production and consider case in the relation of any member (several participants) of the security market or to submit to it to the relevant territorial authority of the Agency;
- accept the case which is on production of territorial authority of the Center at any stage of its consideration to the consideration;
6. The basis for acceptance to production by the Agency or its territorial authorities of case on violation of the law about the security market are:
- statements, claims and other messages of physical persons and legal entities;
- the documents and other documentary sources including received during checks, and also received in the form of the reporting;
- messages of mass media;
- other data testimonial of actions (bezdeystviye) of members of the security market which led to such violation.
7. For hearing of cases about violation of the law about the security market by the Agency (territorial department of the Agency) forms the commission on hearing of cases about violation of the law of the Republic of Uzbekistan about the security market (further - the commission).
The staff of the commission for consideration of specific case is determined by the director of the Agency (the chief of territorial authority of the Agency) in the resolution on acceptance of case to production, as a part of the chairman, members of the commission, and also the secretary who is not member of the commission.
The commissions are included officials and the staff of the Agency (territorial authority of the Agency), and also representatives of other state bodies and non-state non-profit organizations, including associations (association) of professional participants of the security market at their written request. The total quantity of the appointed members of the commission shall be odd and at least three people.
The quorum for commission session makes at least 75 percent from total number of members of the commission.
Substitution of the member of the commission in case of impossibility of its presence on reasonable excuses is made for the entire period of its absence or for all term of consideration of the case based on the order by the director of the Agency (territorial authority of the Agency).
8. Chiefs of managements of the Agency (departments of territorial authority of the Agency) represent to the director of the Agency (the chief of territorial authority of the Agency) materials with reasons for need of acceptance for production and consideration of the case about violation of the law about the security market.
In case of identification of signs of administrative offenses chiefs of managements of the Agency (departments of territorial authorities of the Agency) according to the powers provide to the director of the Agency (the chief of territorial authority of the Agency) materials with reasons for their direction in court, without acceptance to proceedings about violation of the law about the security market.
9. In case of sufficiency of reasons the director of the Agency (the chief of territorial authority of the Agency) makes the decision on acceptance to production of case by pronouncement of the resolution on acceptance to case production (appendix No. 1) and sends case for consideration of the commission.
The copy of the resolution on acceptance to production of case in three-day time shall be sent by the registered mail with the notification either is handed under list or is sent by e-mail (in the presence) to person made responsible.
Case on violation of the law on the security market is accepted to production within two months from the date of detection of signs of violation.
10. Case on violation of the law on the security market cannot be accepted to production, and the case in point is subject to the termination in the following cases:
absence of structure of violation of the law about the security market;
in case of liquidation or recognition by insolvent (bankrupt) of the legal entity or in connection with the death of the physical person concerning whom case on violation of the law on the security market is considered;
cancellation of the regulation of the legislation establishing responsibility;
availability on the same fact of criminal case concerning the member of the security market (his official) made responsible;
availability on consideration of the case about violation of the law about the security market on the same fact of violation concerning the same member of the security market made responsible according to this Provision;
availability on the same fact concerning person made responsible, resolutions of the Agency (territorial authority of the Agency) on application of sanctions or not repealed resolution on suit abatement;
availability in production of court or the become effective judgment on the same fact concerning the same member of the security market;
in case of receipt from physical person or legal entity, based on the statement, the claim or other message of which case on violation of the law on the security market, the written or electronic address about its leaving without consideration, in connection with recovery of the violated rights was accepted to production.
11. Case on violation of the law on the security market is considered by the commission in a month from the date of pronouncement of the resolution on acceptance to case production. The term of consideration of the case can be extended by the director of the Agency (the chief of territorial authority) for term no more than one month.
12. Persons participating in case are in writing informed on the place and time of consideration of the case no later than three days before date of meeting. Persons participating in case person made responsible, person whose rights were violated the expert and the translator, and also persons to whom any circumstances which are subject to establishment on case can be known is recognized.
The notice in writing on commission session is sent by the registered mail with the notification or handed under list or goes with use of the means of communication (the telefax, phone, e-mail, etc.) providing fixation of the fact of the notice to person participating in case and shall contain the name of the legal entity (surname, name, middle name of physical person) as whom is caused.
13. Persons participating in case shall be on commission sessions and report data known for it and circumstances on case, and also to provide the materials concerning case.
Case can be considered in the absence of person made responsible, and the applicant, in cases when these persons were properly notified about the place and time of consideration of the case.
14. During preparation for consideration of the case the commission has the right:
require submission of necessary documents, make copies of them and acquaint them with case papers according to the procedure, established by the legislation;
receive written and oral explanations at persons participating in case on the facts concerning case in point including at their heads (officials) and employees;
receive based on requests from other state bodies of the data and materials concerning members of the security market, violations, necessary for studying of the facts, in the security market, and also to carry out joint studying of the specified facts;
recruit in the case of other persons under approval.
The commission has the right to take also other measures for timely, comprehensive, complete and objective clarification of the facts of the case.
15. Consideration of the case begins with the announcement of structure of the commission. The commission chairman announces: what case is subject to consideration and persons participating in case; explains to persons participating in case, their rights and obligation; establishes powers of persons participating in case. After that the resolution on acceptance to production of case on violation of the law about the security market is announced.
16. The commission at meeting finds out the following questions:
availability of the data witnessing violation of the law about the security market;
whether all feasible measures for elimination of violations in voluntary procedure were taken;
whether any petitions of person made responsible for adjournment of case and the reasons of such adjournment, familiarity with documents and other are shown.
17. On behalf of legal entities their heads and/or their representatives have the right to be involved in consideration of the case about violation of the law about the security market.
Heads of legal entities support the powers by the documents certifying their official position.
Powers of representatives shall be determined in the power of attorney.
18. In case of need for special knowledge on case in point the commission has the right to involve the expert from among representatives of state bodies (the ministries and departments, and also business entities and the organizations) under approval.
By hearing of cases about violation by banks of the legislation on the security market as the expert the authorized representative of the Central bank of the Republic of Uzbekistan under approval is invited.
19. In case of disagreement of the person made responsible, with the candidate invited by the commission of the expert this person has the right to invite other expert at own expense.
20. The expert has the right to get acquainted with the case papers relating to examination subject; declare petitions for provision to it the additional case papers necessary for making the conclusion; be present when considering the case at meetings and ask questions to person made responsible and the other persons participating in case.
21. Person made responsible (his representative), has the right:
get acquainted with case papers and do statements of them;
produce the evidence;
participate in research of proofs and discussion of case;
declare petitions;
appeal the resolution on case;
offer oral and written explanations;
use services of the lawyer;
have other rights.
22. The proof on case in point are actual data based on which the commission establishes availability or lack of violation, and also other circumstances important for the correct consideration of the case.
Persons participating in case shall provide the information for clarification of circumstances on case which can serve as the proof on case in point, and bear responsibility for provision of obviously false (misleading) data.
23. On commission session the secretary takes the minutes which are signed by the chairman and all members of the commission. The taking the minutes of meeting can be entrusted the commission chairman to one of members of the commission in case of absence of the secretary on commission session.
24. Consideration of the case can be postponed:
due to the need of receipt of corroborating evidences or attraction to participation in case of experts and (or) other persons;
in other cases when consideration of the case is impossible in this meeting.
In case of case adjournment the term of consideration of the case is not interrupted, and the procedure of consideration is started anew.
25. Consideration of the case can be suspended in stay cases on consideration in the Agency (territorial authority of the Agency), court and/or tax and law enforcement agencies of another matter on which conclusions will matter for results of consideration, and also in case of not representation by the requested commission of the data (information, proofs) concerning case in point.
Consideration of the case is resumed after elimination of the circumstances which caused suspension of its consideration.
In case of suspension of consideration of the case the term of consideration of the case is interrupted and proceeds from the moment of case renewal. Consideration of the case continues since the moment when the last was complete before suspension put commission session.
26. The decision of the commission on adjournment, suspension or renewal of consideration of the case is reflected in the minutes of the commission. The minutes abstract about adjournment, suspension or renewal of consideration of the case is signed by the commission chairman and from the date of decision making goes to three-day time to the person made responsible.
26-1. With the permission of the director of the Agency (the chief of territorial authority of the Agency) the materials concerning the signs of the violations made by persons participating in case which are in addition revealed according to Item 6 of this provision join in the case accepted to production.
When familiarizing of the specified materials the motivated decision of the commission is reflected in the minutes. The meeting minutes abstract about familiarizing of these materials signed by the commission chairman from the date of signing of the protocol goes to three-day time to the person (persons) made responsible. At the same time the term of consideration of the case can be prolonged according to the procedure, stipulated in Item the 11th this provision.
In case of detection of signs of the violations which are commited by person (persons), not being participant of the case accepted to production on representation to the commission the director of the Agency (the chief of territorial authority of the Agency) makes the decision on allocation of case in separate production. Calculation of term of consideration of this case begins with decision date about allocation of case in separate production.
27. By results of consideration of the case about violation of the law about the security market the commission in the minutes passes the decision in which the facts of the case established by the commission and conclusions to which the commission as a result of consideration of the case came are stated.
If the chairman or members of the commission do not agree with the decision, they have the right to state special opinion which joins case papers.
28. The decision of the commission is made by a simple majority vote the members of the commission who are present at commission session, open voting in the absence of persons participating in case.
The chairman and members of the commission have no right to refrain from vote. The chairman gives the vote the last.
29. The commission has the right to make the decision about:
introduction of the instruction about elimination of violation of the law about the security market;
presentation of the claim in court for the benefit of investors, owners of securities, the state without payment of the state fee;
suspension for the term of no more than ten working days of action of the license granted on implementation of professional activity in the security market as the professional participant of the security market;
suspension for the term of no more than ten working days of carrying out separate transactions in the security market members of the security market in cases and procedure, stipulated by the legislation;
suspension or deprivation of the competence certificate on the right of conducting professional activity on securities according to the procedure, stipulated by the legislation;
the direction of case in other bodies for competence;
suit abatement;
In the decision of the commission, depending on results of consideration of the case about violation of the law about the security market, several sanctions provided in paragraphs by second or pole of this Item can be specified one or at the same time.
30. Based on the decision of the commission in five-day time the instruction about elimination of violation of the law about the security market is drawn up and/or the decree of the Agency (territorial authority of the Center) in form according to appendices No. No. 2, 3 is issued.
31. The decree on diversion is issued by production of proceeedings in cases, stipulated in Item the 10th this provision (appendix No. 4).
32. The copy of the resolution (instruction) of the Agency within three days from the date of its acceptance by the Agency (territorial authority of the Center) is sent by the registered mail with the notification or handed under list or goes by e-mail (in the presence) to person concerning whom it was taken out, and to person whose rights were violated - according to its statement, and also members of the security market which shall provide execution of the resolution.
The post and other documents testimonial of the direction of the resolution (instruction) join case papers.
33. The agency and its territorial authorities also have the right to recommend to higher body of management of person made responsible, to accept, according to the labor law, measures of disciplinary responsibility to his officials and/or to collect the amount of the direct harm done by them if this person bore financial responsibility.
34. Completion date of the instruction - one month, except for violations which elimination requires more than one month.
35. Members of the security market shall provide execution of the resolution on application of sanctions during the term established by the resolution.
36. Item 36 ceased to be valid according to the Order of the CEO of the Center for coordination and market development of securities in case of Goskomkonkurention of the Republic of Uzbekistan registered by the Ministry of Justice of the Republic of Uzbekistan of 22.05.2014 No. 1131-7)
37. Person which performed the resolution or the instruction of the Agency (territorial authority of the Agency) represents to the Agency (territorial authority of the Agency) of the proof of execution of the resolution or instruction.
38. Execution of the resolution or instruction does not exempt the member of the security market which allowed violation of the law about the security market from discharge of duty to eliminate violation, and also to indemnify the caused loss.
39. Execution of the resolution or instruction stops in the following cases:
in case of liquidation or recognition by insolvent (bankrupt) of the legal entity or in connection with the death of the physical person;
cancellation of the regulation of the legislation establishing responsibility.
40. Members of the security market can petition for prolongation of completion date of the resolution or instruction.
The decision of question of prolongation of the specified term is made by the commission which considered case.
In case of satisfaction of the petition for prolongation of term the commission passes the decision which is signed by the chairman and members of the commission.
41. The resolution or the instruction of the Center (territorial authority of the Center) can be appealed according to the procedure, stipulated in Item 42 this provision.
42. In case of disagreement with the taken measures members of the security market can appeal:
decisions of territorial authority of the Agency - in the Agency, having directed the application for the disagreement, or judicially;
decisions of the Agency - judicially.
Submission of the claim in body, higher according to the procedure of subordination, does not exclude the right to submission of the similar claim in court;
Submission of the claim by members of the security market in court suspends execution appealed by them or decisions to the introduction in legal force of the judgment. In court members of the security market shall inform the Agency (territorial authority of the Agency) with appendix of the relevant supporting documents on submission of the claim.
43. Consideration of the application by the Agency is made instantly, but not later than in 15-day time from the date of its receipt, and the statement requiring additional studying and check - till one month.
44. Ceased to be valid
45. Item 45 ceased to be valid according to the Order of the CEO of the Center for coordination and market development of securities in case of Goskomkonkurention of the Republic of Uzbekistan registered by the Ministry of Justice of the Republic of Uzbekistan of 22.05.2014 No. 1131-7)
46. Members of the security market can be made responsible for making of violation of the law about the security market within three years from the date of detection by the Agency or its territorial authority of violation.
47. The agency and territorial authorities of the Agency keep the register of accounting of the revealed violations of the law about the security market and the applied sanctions.
Case papers on each violation of the law about the security market are stored in the separate folder.
48. The staff of the Agency and its territorial authorities shall observe confidentiality of the commercial and office information obtained during the activities.
to Regulations on procedure for hearing of cases and application of sanctions for violation of the law of the Republic of Uzbekistan on the security market
|
RESOLUTION | |||
|
|
|
|
|
|
"___" _________________ 200 __. |
_________________________ | ||
|
(acceptance date) |
|
(place of acceptance) | |
|
Agency on market development of the capital (territorial authority of the Agency), having considered the provided materials on | |||
|
___________________________________________________________________________, | |||
|
(the basis for acceptance to case production) | |||
|
recognized them sufficient for acceptance to production of case on violation of the law of the Republic of Uzbekistan about the security market. | |||
|
According to Item ___ Regulations on procedure for hearing of cases and application of sanctions for violation of the law of the Republic of Uzbekistan on the security market (рег. No. 1131 of April 23, 2002) | |||
|
| |||
|
1. Accept case No. ___________________________ on signs of the violation provided by the subitem ________ the Item __________ of the article "___________________" to production | |||
|
(name of the legal act) | |||
|
in the relation | |||
|
(name of the legal entity (First name, middle initial, last name physical person), address) | |||
|
2. Approve the commission on consideration of the case in structure: | |||
|
____________________________________________________________________________ | |||
|
(staff of the commission) | |||
|
3. Recruit in case in quality of person which rights were violated | |||
|
___________________________________________________________________________ | |||
|
(the name - for legal entities; surname, name, middle name - for physical persons) | |||
|
Director (chief of territorial authority of the Agency) |
____________ |
__________________ | |
to Regulations on procedure for hearing of cases and application of sanctions for violation of the law of the Republic of Uzbekistan on the security market
|
RESOLUTION | |||
|
"___" _____________ 200 __. |
|
______________________ | |
|
(acceptance date) |
|
(place of acceptance) | |
|
Agency on market development of the capital (territorial authority of the Agency) by results of consideration of the case No. _____ about violation of the law of the Republic of Uzbekistan about the security market, in the relation ____________________________________ | |||
|
|
(name of the legal entity (First name, middle initial, last name physical person), address) | ||
|
| |||
|
(name of the act of the legislation) | |||
|
based on the decision of the commission on hearing of cases on violation of the law of the Republic of Uzbekistan on the security market created based on the resolution of the Center for coordination and market development of securities (territorial authority of the Center) in structure: | |||
|
| |||
|
____________________________________________________________________________ | |||
|
(the facts of the case established when considering the case are stated and Items, articles of the act of the legislation providing responsibility for making of this violation are specified) | |||
|
Being guided by Items 29 and 30 of the Regulations on procedure for hearing of cases and application of sanctions for violation of the law of the Republic of Uzbekistan on the security market (рег. No. 1131 of April 23, 2002) Agencies on market development of the capital (territorial authority of the Agency) | |||
|
DECIDED: | |||
|
in отношении__________________________________________________________________ | |||
|
(name of the legal entity (First name, middle initial, last name physical person)) | |||
|
____________________________________________________________________________ | |||
|
This resolution can be appealed in court. | |||
|
|
|
|
|
|
Director (chief of territorial authority of the Agency) |
_____________ |
______________________
| |
to Regulations on procedure for hearing of cases and application of sanctions for violation of the law of the Republic of Uzbekistan on the security market
|
INSTRUCTION | ||
|
"___" ___________ 200 __. |
|
______________________ |
|
(acceptance date) |
|
(place of acceptance) |
|
The center for coordination and market development of securities (territorial authority of the Center) by results of consideration of the case No. ____ about violation of the law of the Republic of Uzbekistan about the security market, in the relation ____________________________________ | ||
|
(name of the legal entity (First name, middle initial, last name physical person), address) | ||
|
| ||
|
(name of the act of the legislation) | ||
|
according to the case papers provided by the commission on hearing of cases about violation of the law of the Republic of Uzbekistan about the security market created based on the resolution of the Center for coordination and market development of securities (territorial authority of the Center) about acceptance to production of case from _____________ to No. ____________ in structure: | ||
|
| ||
|
____________________________________________________________________________ | ||
|
(the facts of the case established when considering the case are stated and Items, articles of the act of the legislation providing responsibility for making of this violation are specified) | ||
|
Being guided by the Item ________________ of the article ____________________ | ||
|
"__________________________________________________________________________" | ||
|
(name of the act of the legislation) | ||
|
and Item ___ Regulations on procedure for hearing of cases and application of sanctions for violation of the law of the Republic of Uzbekistan on the security market (рег. No. 1131 of April 23, 2002) the Center for coordination and market development of securities (territorial authority of the Center) | ||
|
| ||
|
eliminate the allowed violations and provide information on execution of this instruction till "___" to _______ 20 __ with appendix of supporting documents. | ||
|
|
______________ |
______________________ |
to Regulations on procedure for hearing of cases and application of sanctions for violation of the law of the Republic of Uzbekistan on the security market
|
RESOLUTION | ||
|
"___" ___________ 200 __. |
|
______________________ |
|
(acceptance date) |
|
(place of acceptance) |
|
The center for coordination and market development of securities (territorial authority of the Center) by results of consideration of the case No. __________ about violation of the law of the Republic of Uzbekistan about the security market, in отношении_____________________________________ | ||
|
(name of the legal entity (First name, middle initial, last name physical person), address) | ||
|
for violation of the subitem _______________ Item ______________ of the article ______________ | ||
|
(name of the act of the legislation) | ||
|
according to the case papers provided by the commission on hearing of cases about violation of the law of the Republic of Uzbekistan about the security market created based on the resolution of the Center for coordination and market development of securities (territorial authority of the Center) about acceptance to production of case from _________________________ to No. _____________________ in structure: | ||
|
| ||
|
____________________________________________________________________________ | ||
|
(the facts of the case established when considering the case are stated and Items, articles of the act of the legislation providing responsibility for making of this violation are specified) | ||
|
Being guided by the Item __________________ of the article ______________________ | ||
|
"__________________________________________________________________________" | ||
|
(name of the act of the legislation) | ||
|
and Item ___ Regulations on procedure for hearing of cases and application of sanctions for violation of the law of the Republic of Uzbekistan on the security market (рег. No. 1131 of April 23, 2002) the Center for coordination and market development of securities (territorial authority of the Center) | ||
|
| ||
|
| ||
|
Case No. __________ on violation of the subitem ___________ Item __________ of the article ______ | ||
|
"__________________________________________________________________________" | ||
|
(name of the act of the legislation) | ||
|
accepted to production in the relation _____________________________________________ | ||
|
(name of the legal entity (First name, middle initial, last name physical person)) | ||
|
stop production. |
|
|
|
|
_____________ (signature) |
______________________ |
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.