In a favorable business environment, entrepreneurs must comply with legal requirements, while regulatory authorities should monitor compliance with these requirements. Therefore, a favorable business environment can only be created through social and effective interaction of business entities and governmental bodies.
Meanwhile, it should be recognized that often there is a lack of effective cooperation between the regulatory authorities and business entities, as well as the lack of trust of entrepreneurs to regulatory authorities.
The reasons for the above can be many factors, but we will focus on one of the most common - illegal actions of regulatory authorities. Due to ignorance of the requirements of the legislation, an irresponsible approach to professional duties, and sometimes even deliberate violation of the requirements of the current legislation, employees of regulatory bodies impede the activities of entrepreneurs. In turn, such illegal actions lead to damage to entrepreneurs or to the prosecution of an official for violation of legal requirements.
As an example, in May of 2020, the head of Veterinary and Development of Animal Breeding department of the Zafarabad region and a group of employees of several agricultural institutions organized an inspection of the activities of Saodat ona LLC.
The inspection was carried out on the basis of the decision of the khokim of the district in order to eliminate the inefficient use of land in the district and increase the responsibility of users of agricultural land.
Responsible employees of the abovementioned body managed to ensure compliance with the legal requirements on the part of entrepreneurs, but they themselves did not comply with all the requirements of the current legislation.
To prevent illegal inspections in 2018, the government of Uzbekistan introduces a Unified Electronic Registration System of Inspections, and all inspections of the activities of business entities conducted by regulatory authorities are now subject to registration in this system.
Inspections carried out without registration in the Unified Electronic Registration System of Inspections are illegal.
The aforementioned authorities carried out the inspection of the activities of Saodat ona LLC without the registration in the Unified Electronic Registration System of Inspections.
Based on the above-mentioned illegal actions of the authorities, the Business Ombudsman made a Request on elimination of revealed violations of the legislation on observance of rights and legitimate interests of business entities, reasons and conditions that facilitate them to the chairman of the State Committee of Veterinary and Development of Animal Breeding of the Republic of Uzbekistan, as a result of which a disciplinary measure was applied against the head of Veterinary and Development of Animal Breeding department of the Zafarabad District Sh.M. Zhumashev.