WORK CARRIED OUT BY THE COMPETITION COMMITTEE TO ASSESS THE IMPACT OF ACTS OF LEGISLATION AND DECISIONS OF GOVERNMENT BODIES ON COMPETITIVE ENVIRONMENT
As of November 1 of this year, the Committee has prepared conclusions on the impact on competition of 434 draft regulatory legal acts (ex-ante) received through the portal project.gov.uz from state and economic management bodies and local public authorities, 182 (42%) of them identified norms that contradict legal requirements.
For reference: since the beginning of the year, the Committee has received 228 draft resolutions of the Cabinet of Ministers, 97 of them (43%) provided relevant conclusions on the existence of norms that contradict the requirements of antimonopoly legislation.
For example: since the beginning of this year, the Committee has presented relevant conclusions on:
45 projects of the Ministry of Agriculture, 20 of which revealed the presence of anti-competitive norms;
36 projects of the Ministry of Energy, 22 of them revealed norms that contradict the legislation on the development of competition and consumer protection.
In total, 165,607 (ex-post) regulatory and legal and other documents adopted by government bodies and local government bodies throughout the republic were checked for compliance with competition legislation. Of these, 595 cases of violations of the law were identified. Including:
Analyzing the studies conducted in the territorial departments of ministries and departments, 11 cases of violation of the requirements of antimonopoly legislation by health departments, 6 cases in forestry departments, in 2 cases by the departments of culture, as well as veterinary and animal husbandry development were admitted.
The largest number of cases of violation of legislation by region is 112 in the Republic of Karakalpakstan, 102 in Khorezm region, 83 in Jizzakh region, 53 in Samarkand region, 46 in Kashkadarya region, 37 in Syrdarya region.
On the example of the Republic of Karakalpakstan.
The Nukus city hokimiyat by letter dated April 2023, addressed the Council of Ministers of the Republic of Karakalpakstan with a request to provide practical assistance in appointing the Management of the Improvement of the city of Nukus as the customer, in the direct involvement of “Jayhun jol joybar” LLC as a designer and “Sokol City” LLC as a contractor for construction work.
The Takhiatash district hokimiyat in January 2023 sent a letter to enterprises and organizations of the district, which misinterpreted the procedure established by the Resolution of the Cabinet of Ministers No. 71 dated February 14, 2022 (letters were sent stating that documents approved for construction must be approved by the district (city) construction department of the relevant regional architectural department and agreed with the town planning councils, as well as the State Unitary Enterprise “UzshaharsozlikLITI”, State Unitary Enterprise “ToshkentboshplanLITI” and LLC “Qishloqqurilishloyiha”). However, Resolution of the Cabinet of Ministers No. 71 dated February 14, 2022 does not establish standards in agreement with these enterprises.
On the example of Khorezm region.
- Gurlan district hokimiyat in outgoing letter No. 04/354 dated March 29 of this year, Gurlan global teks LLC (cotton textile cluster) was asked to provide practical assistance in widely promoting the activities of “Bozor tomat pastasi” LLC, operating in the region, among farmers farms and producers of agricultural products.
- In several outgoing letters from Urgench city hokimiyat dated December 1, 2022 to the Ministry of Defense of the Republic of Uzbekistan for construction and repair work carried out by the Department of Defense Works of the city of Urgench, candidates of the same entity LLC “KHUDASHUKUR AUTO” were given (according to letter No. 1314 ), private enterprise “OMAD” (according to letter No. 1315), private enterprise “XORAZM OSIYO” (according to letter No. 1316), private enterprise “YASHNAR NUROBOD” (according to letter No. 1317), LLC “FOREST” (according to letter No. 1318).
Based on identified violations of law in the above cases, the Committee issued binding decisions and instructions to district and city hokimiyats to refrain from anti-competitive actions.
Nowadays, 74 cases have been initiated in the above cases, decisions and orders of the Committee have been sent to complete 68 cases, and the cancellation of 112 documents contrary to competition has been ensured.
