Uzbekistan, Tashkent, May 4 / Trend D. Azizov /
Uzbek President Islam Karimov has signed a law on making amendments to the law on guarantees of entrepreneurial freedom on Wednesday.
The amendments were adopted by the Legislative Chamber of Oliy Majlis in February and approved by the Senate in March 2012. The law was published in the press on Thursday. According to the final article, it comes into force from the date of publication.
One of the main innovations of the law is to establish the principle of priority of the rights of a business entity. According to it, all the unavoidable contradictions and vagueness of law arising in connection with business activity, must be interpreted in favor of a business entity.
The new version of the law has been amended by the norm. According to it, the relations associated with the guarantees and safeguards of the rights of business entities - companies with foreign investments are regulated by the legislation on the safeguards and measures to protect the rights of foreign investors.
Additional opportunities are given to individual entrepreneurs.
According to the law, individual entrepreneurs engaged in the craft activity, have the right to attract no more than five learners while manufacturing goods (conducting work, rendering services) by paying them.
The rights of business entities have been expanded. According to the law, they can be founders (participants) of other business entities (legal entities). They also have the right to choose the spheres of their activity, suppliers and consumers of their products (services), and freely dispose income (profit) remaining after paying all production costs and taxes and other obligatory payments (unless forced collecting by the court order).
A list of the business entities' duties has been expanded. The obligation was included to establish a wage of people working under a labor agreement (contract), not below the statutory minimum.
According to the new version of the law, the state registration of business entities is conducted on the principle "single window" and, as a rule, on the notification basis in the manner prescribed by law.
Business entities may do report in a written form and (or) in electronic form. In the latter case, the statements must be confirmed by electronic signature of a business entity.
The article "Guarantees of freedom of business entities in any activity not prohibited by law" has been specified. At present, only legal entities may deal with the activity not included in the founding documents. The Cabinet of Ministers will determine the activities of individual entrepreneurs.
The law prohibits the delivery of information on the availability of funds in bank accounts of business entities, as well as its dissemination by banks, except the cases envisaged by the law.
A requirement was made to hold the open competition. According to the amendment, the individuals living in the countryside have the priority right.
If the state bodies and officials reveal violations of the law in the business activity, they can take only authorized actions directly related to the elimination of a specific disorder.
According to the new version of the law, the damages caused to a business entity as a result of unlawful decisions of state bodies and local bodies or actions (inactions) of the officials.
The law has been amended by the norm. According to it, the supervisory body is obliged to inform the business entity about the control operations in a written form no later than 30 calendar days before these operations.
Moreover, at present, entrepreneurs have the right not to allow the individuals having no reasons for control operations, to conduct them.