Jan. 18, 2021 268

Measures to prevent unjustified interference in business activity will be strengthened

A draft law "On state control over the activities of business entities" has been developed and submitted for public discussion. This was announced by the Head Inspector of the Office of the Business Ombudsman Abduvali Abdumavlonov at a press conference on January 15 at the Information and Mass Communications Agency.

The draft Law defines 4 specific forms of control over entrepreneurial activity by the regulatory authorities. At the same time, a list of regulatory bodies that exercise control over the activities of business entities and their supervisory functions will be formed.

According to the head inspector, the main goal of the new law is to establish the boundaries of state control over entrepreneurial activity and at the legislative level to limit their unjustified interference.

The bill defines 4 specific forms of control over entrepreneurial activity by state bodies: control measures, monitoring, analysis of statistics and other information, as well as the procedure for conducting inspections. It is noted that other forms of control will be prohibited.

In addition, the new bill provides for the advantage of the principle of warning business entities about violations in order to prevent unjustified interference in their activities. In accordance with this principle, in the absence of clear information or complaints about violations of the law in the activities of a business entity, an inspection based on an internal analysis of the regulatory authorities can be carried out only after warning (notification) of the entrepreneur.

In addition, the law draft sets out the circumstances when an official of the supervisory authority might be refused to conduct or to participate during inspection. For example, if an official previously worked for the business entity that is being inspected or his close relative is the owner or a member of the inspected enterprise, then this is the basis for refusing the official to conduct an inspection.

It is noted that to date, the list of bodies regulating entrepreneurial activity has not been defined in any regulatory document. For this reason, business entities did not have complete information about which bodies and under what circumstances have the right to check their activities.

According to the head inspector, the new law provides for a list of regulatory bodies and their supervisory functions. Consequently, bodies not included in the list will not be eligible to conduct inspections. Henceforth, business entities will be given the right to receive information about the legality of the check, as well as invite representatives of the Chamber of Commerce to monitor the inspection process, as well as to record the inspection process using photo, audio and video equipment.

Kasimov Dilmurod Sultanmuratovich

Business-ombudsman

Any economic progress depends on the development of private ownership, entrepreneurship and private sector.