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.