The applicant can apply to any of the Centers of Public Services or via the Single platform of interactive public services (https://my.gov.uz/ru/service/354 or https://my.gov.uz/ru/service/355)
To receive the service, the applicant must submit the following documents:
an application for giving preliminary consent to perform actions (transactions);
TIN of the applicant;
information on the types of activities, names of types of goods and their volumes produced and sold by the applicant during the 2 years preceding the day of filing the application, or during the period of the activity, if it is less than 2 years;
financial and statistical reporting for the previous 2 calendar years;
information on the composition of the group of persons, indicating the grounds on which such persons are included in this group of persons, and other information related to the transactions in question;
a document confirming the payment of the fee.
In accordance with the fourth paragraph of the first part of Article 12 of the Law of the Republic of Uzbekistan “On Competition”, government bodies and local government bodies are prohibited from unreasonably granting certain business entities benefits, preferences and privileges that put them in an advantageous position in relation to other business entities, carrying out activities in the commodity or financial market.
According to the legislation on competition, the Competition Promotion and Consumer Protection Committee of the Republic of Uzbekistan is the authorized body in the field of competition in commodity and financial markets. In this regard, when this kind of question arises, business entities can contact the Competition Committee and its territorial departments for further study of this issue.
In accordance with Article 9 of the Law “On Competition” in new edition, it is established that Antimonopoly compliance is mandatory to be implemented in:
– republican executive authorities and other organizations;
– business entities with a dominant position in the commodity or financial market;
– legal entities whose average annual revenue from sale of goods over the last three years exceeds one hundred thousand times base calculation value and in authorized fund (authorized capital) of which 50 percent or more belongs to the state;
– legal entities, the amount of average annual revenue from sale of goods over the last three years exceeds one hundred thousand times base calculation value and in authorized fund (authorized capital) of which 50 percent or more belongs to legal entity, the state share in authorized fund (authorized capital) of which is 50 percent or more;
associations of legal entities.
The introduction of antimonopoly compliance in business entities not specified in part four of this article is of a recommendatory nature.
If a monopolist does not ship the goods to the consumer within the prescribed period, this is considered a violation of article 10 Of the law “on competition” – abuse of a dominant position in the commodity market, expressed by infringement of the rights and interests of consumers or other economic entities.
If the buyer applies to the Antimonopoly Committee, the monopolist will receive an order for immediate execution of the contract regarding the shipment of goods and will face a fine in accordance with article 178 Of the code of administrative responsibility.
Transactions on the acquisition of shares (stakes) in the authorized capital (authorized capital) of an economic entity:
The preliminary consent of the antimonopoly body to transactions on the acquisition by a person or a group of persons of shares (stakes) in the authorized capital (authorized capital) of an economic entity is required in cases where:
such person or group of persons receives the right to dispose of more than fifty percent of the shares (stakes);
the total book value of assets or the total proceeds from the sale of goods for the last calendar year of the persons participating in the transaction exceeds one hundred thousand times the size of the basic calculated value, or one of the participants in the transaction is an economic entity that occupies a dominant position in the commodity or financial market. (Article 17 of the Law “On Competition”)
Mergers and acquisitions of business entities:
The preliminary consent of the antimonopoly authority to transactions on mergers and acquisitions of economic entities is required in cases where the total book value of the assets of the persons participating in the relevant transaction, or their total revenue from the sale of goods for the last calendar year exceeds one hundred thousand times the base calculated value, or one of them is an economic entity that holds a dominant position in the commodity or financial market. (Article 16 of the Law “On Competition”)
obtaining reliable and complete information about the product (work, service), as well as the manufacturer (performer, seller);
free choice and proper quality of goods (work, services);
safety of goods (work, services);
compensation in full for material losses, moral damage caused by a product (work, service) with defects dangerous to life, health and property, as well as illegal action (inaction) of the manufacturer (performer, seller);
appeal to the court, other authorized state bodies for the protection of violated rights or legally protected interests.
Payment for goods (works, services) can be made in cash or non-cash form. It is forbidden for seller (executor) to set different prices (tariffs) for same brand (model, article) of goods, as well as works and services of same volume and quality, including artificially overestimate or underestimate them depending on form of payment. Consumers may be granted benefits for non-cash payment for goods (works, services).
This is contrary to current legislation, as it leads to a restriction of consumer rights.
Defects found in all goods during the warranty period or expiration date must be eliminated free of charge by seller and performer.
However, if item purchased is not found to be defective, item is non-refundable.
Consumer to whom product with defects was sold, if this was not agreed upon at conclusion of contract, has right to demand at his choice (in relation to food products, buyer has such a right within 24 hours after purchase):
replacement for goods of good quality of a similar brand (model, article);
replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price;
proportional reduction of the purchase price;
gratuitous elimination of defects in the goods;
reimbursement of expenses for the correction of defects in the goods;
In this case, the buyer has the right to demand full compensation for the damage caused to him in connection with the sale of goods that do not have the required quality.
In case of detection of defects in the goods, the properties of which do not allow them to be eliminated (perfumes and cosmetics, household chemicals and other goods), the buyer has the right, at his choice, to demand the replacement of such goods with goods of good quality, or a commensurate reduction in the purchase price.
Instead of presenting these requirements, the buyer has the right to refuse the purchased goods and demand the return of the amount of money paid for the goods.
When replacing or returning goods of inadequate quality, the buyer must return the goods of inadequate quality purchased by him at the expense of the seller.
When returning to the buyer the amount of money paid for the goods, the seller is not entitled to withhold from it the amount by which the value of the goods has decreased due to its full or partial use, loss of its presentation or other similar circumstances.
If the product does not have a warranty period or shelf life, claims related to the defects of the goods can be presented by the buyer, provided that the defects are discovered within a reasonable time, but within six months from the date of transfer of the goods to the buyer, or within a longer period established by the contract .
For seasonal goods, the period for filing claims related to defects in the goods is calculated from the moment the corresponding season begins after the date of purchase of the goods. The time of the onset of the season, based on the climatic conditions in the Republic of Uzbekistan, is as follows:
winter season – from November 25 to March 10;
spring season – from March 11 to May 14;
summer season – from May 15 to September 15;
autumn season – from September 16 to November 24.
Repair, reduction in price, supply for replacement and return to the consumer of goods of large size or weighing more than five kilograms are carried out by the seller (manufacturer) and at his expense. In case of failure to fulfill this obligation, delivery and return of goods can be carried out by the consumer. In this case, the seller (manufacturer) must cover the costs of the consumer associated with the delivery and return of the goods.
Purchase of goods of subjects of natural monopolies at prices (tariffs) established by the authorized body;
Demand for full compensation for material damage caused by goods with defects that are dangerous to life, health and property, as well as illegal actions (inaction) of subjects of natural monopolies and compensation for moral damage.
refuse to conclude an agreement with individual consumers for the production (sale) of goods if the subject of natural monopoly has the opportunity to produce (sale) such goods;
charge for goods in excess of the amount established by the authorized body;
impose conditions of access to goods of subjects of natural monopolies or perform other actions that lead to discrimination of consumers of goods of subjects of natural monopolies or to receive income by charging consumers fees that are not taken into account in established prices (tariffs).
use position of a natural monopoly to restrict competition in the markets for goods (works, services) that are not classified as a natural monopoly.
Evaluation criteria for proposals of participants related to public procurement of goods (works, services) by state customer shall provide for price, delivery basis, delivery time limits, characteristics and quality indicators, service life (use), terms of payment and guarantees, operating costs, including use and repair costs in a specific period of time, other criteria that do not contradict the requirements of the legislation. And also the conditions of public procurement established by the state customer must contain the criteria for evaluating the proposals of participants, their relative importance, the procedure for applying the evaluation criteria within the framework of the evaluation procedure.
State customer can put forward requirements according to which participants must meet the following criteria availability of the necessary technical, financial, material, human and other resources for the execution of the contract, eligibility to conclude a contract, no arrears in payment of taxes and fees, absence of bankruptcy procedures introduced against them, absence of an entry in the Unified Register of Unscrupulous Executors. Also the state customer, if necessary, shall have the right to establish additional requirements for participants based on the specific properties or features of the product (work, service). However, additional requirements for participants should not contradict the basic principles of public procurement and additional requirements for participants must be indicated in the information on public procurement at the time of its announcement. At the same time to participate in public procurement with additional requirements for participants, participants undergo a pre-qualification selection.