Authors

  • Shoira Avazova
    International Islamic Academy of the Republic of Uzbekistan

DOI:

https://doi.org/10.71337/inlibrary.uz.ijai.108092

Abstract

This article highlights the activities of National Human Rights Institutions, in particular, the role of the representative for the protection of the rights of entrepreneurs under the President (Business ombudsman) in the protection of the rights and interests of business entities.

 

 

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INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE

ISSN: 2692-5206, Impact Factor: 12,23

American Academic publishers, volume 05, issue 05,2025

Journal:

https://www.academicpublishers.org/journals/index.php/ijai

page 2321

NATIONAL SYSTEM FOR THE PROTECTION OF THE RIGHTS OF

ENTREPRENEURS

Avazova Shoira Tukhtamratovna

International Islamic Academy of the Republic of Uzbekistan

Associate professor of the Department of ”Social Sciences and law” v.b.,

candidate of Legal Sciences

Annotation:

This article highlights the activities of National Human Rights Institutions, in

particular, the role of the representative for the protection of the rights of entrepreneurs under

the President (Business ombudsman) in the protection of the rights and interests of business

entities.

Keywords:

human rights, national institutions, business ombudsman, business entities, officials,

guarantees, legitimate interests

INTRODUCTION

Today, the focus is on introducing mechanisms that operate out of court in the

protection of Human Rights. One of these mechanics operating in Uzbekistan is the National

Human Rights Institutions. Article 56 of the Constitution in the New Edition defines that

National Human Rights Institutions complement existing forms and means of protecting human

rights and freedoms, promote the development of civil society and the upliftment of human

rights culture.

National Human Rights Institutions assist citizens in restoring the violated rights and

freedoms of individuals, in addressing public bodies, officials.

METHODS

In this article, methods of systematic, historical, comparative-analytical and logical

analysis style were used. The information was taken from articles and books of the Constitution

and laws of the Republic of Uzbekistan, Uzbek, Russian, English scientists.

RESULTS

The national system of human rights institutions in Uzbekistan includes the Human

Rights representative of the Oliy Majlis of the Republic of Uzbekistan (ombudsman), the

representative for the protection of the rights of entrepreneurs under the President (Business

ombudsman), the representative for the rights of the child (children's Ombudsman), the

institutions of the National Center of the Republic of Uzbekistan. When contacting National

Human Rights Institutions, the state duty is not charged, unlike the courts.

The representative for the protection of the rights and legitimate interests of business

entities under the President of the Republic of Uzbekistan (Business ombudsman) is an official

who provides guarantees for the protection of the rights and legitimate interests of business

entities, compliance with these rights and legal interests by state bodies. The law of the

Republic of Uzbekistan on the representative for the protection of the rights and legitimate

interests of business entities under the President of the Republic of Uzbekistan was adopted on

August 29, 2017. According to this law, the representative for the protection of the rights of

entrepreneurs is appointed and dismissed by the President of the Republic of Uzbekistan. The

main principles of the representative's activities for the protection of the rights of entrepreneurs

are the priority of legality, independence, justice, humanity, transparency, openness, rights and

legitimate interests of business entities.


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INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE

ISSN: 2692-5206, Impact Factor: 12,23

American Academic publishers, volume 05, issue 05,2025

Journal:

https://www.academicpublishers.org/journals/index.php/ijai

page 2322

The main tasks and directions of the activities of the representative for the protection of

the rights of entrepreneurs are as follows:

-

participation in the formation and implementation of public policy in the field of

development of entrepreneurial activity, protection of rights and legitimate interests of business

entities;

-

implementation of control over the rights and legal interests of business entities by state

bodies;

-

legal support of business entities when checking their activities is carried out;

-

implementation of coordination of inspections of the activities of business entities and

control over the legality of conducting inspections of the activities of business entities by

regulatory bodies;

-

study of the implementation in practice of the norms and requirements of legislation on

guarantees of freedom of entrepreneurial activity;

-

assessment of the effectiveness of the impact of adopted regulatory legal acts on the

implementation of entrepreneurial activity;

-

digital record keeping of check book;

-

maintaining an digital register of mandatory requirements, formed on the basis of a list

of compliance of the activities of business entities with legislative requirements, presented by

state bodies and organizations in the manner established by the areas within their competence;

-

preparation of proposals for improving legislation aimed at strengthening the legal

guarantees of business entities, promoting their development.

The representative for the protection of the rights of entrepreneurs carries out the task of

reviewing the complaints of business entities over the activities, decisions of state bodies and

other organizations that violate their rights and legitimate interests, actions (inaction) of their

officials.

The issues included in the competence of the courts, bodies carrying out operational-

search activities, bodies of investigation, inquiry and punishment are not considered by the

representative for the protection of the rights of entrepreneurs.

The representative for the protection of the rights of entrepreneurs within his

competence when considering complaints is capable:

- to solve the issue in its essence;

- to show the means and forms that the complainant can use to protect his rights and legitimate

interests;

- to send a complaint to an organization or official authorized to resolve it in its essence;

- to acquaint the complainant with documents, decisions and other materials related to his rights

and legitimate interests;

- to refuse to consider the complaint, having definitely indicated the reason.

It is guaranteed by the legislation that the person who filed a complaint with the

representative for the protection of the rights of entrepreneurs, as well as those who are tasked

by the representative for the protection of the rights of entrepreneurs with collecting

information and analyzing it or giving an expert assessment, cannot be harassed or otherwise

restricted in such actions.

Complaints sent to the name of the representative for the protection of the rights of

entrepreneurs in cases of crimes of business entities in the field of entrepreneurial activity by

their representatives who are suspected, accused or convicted and are in prison, in penal

institutions, as well as complaints of persons who are placed in administrative custody and held


background image

INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE

ISSN: 2692-5206, Impact Factor: 12,23

American Academic publishers, volume 05, issue 05,2025

Journal:

https://www.academicpublishers.org/journals/index.php/ijai

page 2323

in a special reception, it is also necessary to send to the representative for the protection of the

rights of entrepreneurs no later than twenty-four hours. The response of the representative for

the protection of the rights of entrepreneurs cannot be ignored, and immediate delivery to the

complainant is ensured.

It is necessary that the heads and officials of state bodies and other organizations send a

written response to the representative's appeal for the protection of Entrepreneurs' Rights, as

well as submit the information, documents and materials requested to the representative for the

protection of Entrepreneurs' Rights within no more than ten days from the date of the adoption

of the relevant application.

The answer to the appeal of the representative for the protection of the rights of

entrepreneurs is sent directly with the signature of the head of that state div or his deputy,

whichever state div is addressed to the head.

DEBATE.

The system of legal protection of business entities is one of the decisive factors in the

sustainable development of entrepreneurial activity in the country, the provision of economic

freedom and the formation of civil society institutions. This system is provided not only

through general legal norms, but also through specially established organizational and legal

mechanisms and procedural means.

LITERATURE AND SOURCES USED:

1. O‘zbekiston Respublikasi Konstitutsiyasi. 01.05.2023. https://lex.uz/docs/-6445145
2. Tadbirkorlik subyektlarining huquqlari va qonuniy manfaatlarini himoya qilish bo‘yicha

vakil to‘g‘risidagi O‘zbekiston Respublikasi Qonuni, 29.08.2017 yildagi O‘RQ-440-son,

https://lex.uz/docs/-3321352

3. O‘zbekiston Respublikasining Qonuni “Tadbirkorlik faoliyati erkinligining kafolatlari

to‘g‘risida” // Lex.uz: Qonunchilik ma’lumotlari milliy bazasi. – 2012-yil 2-may. – URL:

https://lex.uz/docs/-2006789.

4. 18.08.2023-yilda

O‘zbekiston Respublikasi Prezidenti Shavkat

Mirziyoyevning

mamlakatimiz tadbirkorlari bilan ochiq muloqot shaklida o‘tkazilgan uchrashuvdagi nutqi.

https://president.uz/oz/lists/view/6561

References

O‘zbekiston Respublikasi Konstitutsiyasi. 01.05.2023. https://lex.uz/docs/-6445145

Tadbirkorlik subyektlarining huquqlari va qonuniy manfaatlarini himoya qilish bo‘yicha vakil to‘g‘risidagi O‘zbekiston Respublikasi Qonuni, 29.08.2017 yildagi O‘RQ-440-son, https://lex.uz/docs/-3321352

O‘zbekiston Respublikasining Qonuni “Tadbirkorlik faoliyati erkinligining kafolatlari to‘g‘risida” // Lex.uz: Qonunchilik ma’lumotlari milliy bazasi. – 2012-yil 2-may. – URL: https://lex.uz/docs/-2006789.

08.2023-yilda O‘zbekiston Respublikasi Prezidenti Shavkat Mirziyoyevning mamlakatimiz tadbirkorlari bilan ochiq muloqot shaklida o‘tkazilgan uchrashuvdagi nutqi. https://president.uz/oz/lists/view/6561