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.