November 28, 2016
In Uzbekistan a strong legal basis for consecutive development of market economy, freedom of business activity, which provided steadily high rates of economic growth at the level of eight percent for the last eleven years, is created. Entrepreneurship and small business play more and more important role in forming the GDP of the country

In the conditions of continuous influence of world financial and economic crisis our determining task is providing conditions for freedom of small business and a private entrepreneurship, its identifying as the top priority of state policy. This task aimed at radical reduction of interference of state bodies in entrepreneurial activity with a focus on early warning, improving the efficiency of prevention and non-admission of violations is identified in the Decree of the President of the Republic of Uzbekistan "On additional measures to ensure the accelerated development of entrepreneurial activity, comprehensive protection of private property and substantial improvement of business climate" of October 5, 2016.

The document approves the Program of complex measures to ensure the accelerated development of entrepreneurial activity, comprehensive protection of private property and substantial improvement of business climate in the Republic of Uzbekistan which essentially and substantially was logical continuation of the program approved by the Decree of the First President of our country Islam Karimov "On Measures to Secure Reliable Protection of Private Property, Small Business and Private Entrepreneurship, Remove Barriers on the Way of Their Accelerated Development" of May 5, 2015.

To strengthen forms of parliamentary control of observance of laws in this sphere the Decree recommends to Chambers of Parliament to consider an issue of establishment of institute of the business ombudsman supervising protection of rights and legitimate interests of entrepreneurs under Oliy Majlis of the Republic of Uzbekistan.

The main functions of the business ombudsman are to participate in the formation and implementation of state policy in the field of entrepreneurship development, protect the rights and legitimate interests of businesses, render legal support to businesses while auditing their activity, monitor the practical implementation of the norms and requirements of the legislation on guarantees of freedom of entrepreneurship as well as evaluate the impact of the adopted normative legal acts on entrepreneurial activity by the state, monitor compliance of public, regulatory and law enforcement authorities, local governments with regulations protecting rights and lawful interests of entrepreneurs.

As foreign experience shows, the institute of the business ombudsman on protection of entrepreneur’s rights take an important place in their legal protection, representing the interests in the relations with government institutions. Models of business ombudsman are formed proceeding from specific economic and public and legal conditions of each country.

There are created in Uzbekistan mechanisms of ensuring and reliable protection of the entrepreneur's rights. The effective system of privileges and preferences allowing to aim funds at the further development of the entities is legislatively created. The procedure of registration, receipts of permissions is considerably simplified, their quantity is minimized. Everywhere "single window" centers work, there are implemented electronic reporting forms that not only simplifies relations with state agencies but also restricts a risk of abuses. The number of inspections of activity is reduced, unlawful interference is abolished, liability measures including criminal liability are established, the penal and administrative legislation in relation to fair entrepreneurs is liberalized. There are established state institutes on protection of the entrepreneur’s rights.

The most important condition of efficiency of these regulations, ensuring real freedom of entrepreneurship, growth of their participation in the solution of the major economic problems of the country, growth of the population welfare is unconditional observance of the legislation, reliability of mechanisms of protection of the guaranteed rights. With respect thereto the institute of an business ombudsman is capable to play an important role in providing legal protection of entrepreneurs, representing their interests in the relations with government institutions. As the world practice shows, experience of activity of the Human Rights Commissioner of Oliy Majlis, a major factor of effective protection of the rights of citizens by ombudsman is its independence. Electable by parliament, he is accountable only to this representative authority. Control the ombudsman exercises over activity of state bodies is external and can be initiated by himself or upon the demand of citizens. When considering specific violations by state bodies in the field of the rights and freedoms of citizens, the Ombudsman is guided, first of all, by concepts of justice, supremacy of law, balance of interests of the state and society. In our country where human rights are identified as the supreme value, this institute on the rights of entrepreneurs, considering that in the sphere about 80 percent of an occupied population are employed today, will become an important additional tool of protection of entrepreneurs against abuses, law violations by the state agencies and the main defender of businessmen.

Activity of the Ombudsman for protection of the rights and legitimate interests of an entrepreneurship complements the existing instruments of ensuring their rights and freedoms, without canceling and reviewing competence of the state bodies performing these functions.

The goal of Legislative Chamber and Senate under Oliy Majlis is to analyze comprehensively practice of foreign ombudsmen, the mechanisms of ensuring freedom of business activity operating in our country, removal of barriers on the way of development of a private property and entrepreneurship. Experience of the Human Rights Commissioner of the Oliy Majlis in development and discussion of regulatory legal acts, monitoring of laws observance, international documents, cooperation with state agencies, the international organizations, ombudsmen of other countries, consideration of citizen's appeals, implementation of parliamentary control of human rights observance by state agencies is also important. On this basis it is necessary to develop also the corresponding regulatory legal acts.

(Source: «Business partner.uz» newspaper)


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