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CONCLUSION
Thus, until 1930 the branches of the “National Independence”
organization operated in many parts of the country. Archive documents
covering the activities of the National Coalition and the National
Independence were collected mainly through testimony from the members
of the organization and by spies. By highlighting some of these, you can
highlight the overall purpose of their work.
REFERENCES:
1.
National Archive of the Republic of Uzbekistan (NAUz), fund-R.837,
list 38, case 20, p.79.
2.
NAUz, fund-R.837, list 38, case 3803, p.234.
3.
NAUz, fund-R.2483, list 1, case 746, p.14.
4.
http//www.igpi.ru/bibl/igpi_publ/uzb_eco.html
5.
NAUz, fund-R.837, list 1, case 1595, p.289.
6.
NAUz, fund-R.837, list 1, case 1993, p.142.
7.
NAUz, fund-R.837, list 1, case 1010, p.60.
Khusanboy Umarov, Senior teacher at the Department “National Idea,
Spirituality and Legal Education” of Andizhan State University, Republic of
Uzbekistan
THE SYSTEM OF CONTRACTS GOVERNING THE ACTIVITIES OF
MICROCREDIT ORGANIZATIONS
Kh. Umarov
Abstract: The article discusses the system of contracts for legal
regulation of services provided by microcredit organizations. The article
also discusses the features of microcredit, microcredit, microleasing,
microfactoring and consulting contracts.
Keywords: microcredit, microleasing, microfinance, microfactoring,
consulting services, contracts, microcredit organizations, legal regulation
Financial activity plays an important role in the economic development
of any country. Consistent financial system of the country, development of
effective financial plans to support entrepreneurship and targeted
investment in small business are important factors in ensuring economic
stability of the country. Microfinance has a special place in this. It is known
that microfinance is the provision of loans and other financial services that
are not in a small amount for all who are not covered by the usual banking
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services. Microfinance is an effective tool for small businesses, private and
family businesses, and agricultural commodity producers to have free
access to funding sources and, most importantly, provides opportunities for
many start-ups to start their own business from scratch.
Along with microcredit as a type of microfinance activity and types of
microfinance services provided in Uzbekistan, microcredit and microleasing
are also widely used. Microloans are funds provided by microcredit
organizations to a borrower who is an individual in the amount not
exceeding one hundred times the minimum wage on terms of maturity and
repayment, and in cases provided for in the contract, on the basis of
repayment. The civil-legal regulation of the relevant social relations is
usually carried out by two means. The first means of civil law regulation are
normative legal acts, the hierarchy of which is defined in Article 5 of the Law
of the Republic of Uzbekistan dated December 24, 2012, No.342 “On
normative legal acts”.
The second instrument of civil law regulation is contracts. According to
the first part of Article 353 of the Civil Code, an agreement between two or
more persons on the creation, modification or termination of civil rights and
duties is called a contract. The treaty is one of the oldest legal means used
by mankind to establish, change and terminate certain relations in society
[15, - p. 5]. The treaty is widely used without exception in all existing legal
systems - Anglo-Saxon, Romano-Germanic, Muslim and patriarchal (based
on local customs).
Agreements have a long history of development in the history of human
society. Man, as a conscious being, acts on the basis of certain preconceived
rules of behavior. Such behavior can also be the result of compromise
between people. At present, any relationship can be resolved only on the
basis of agreements, and even major contradictions and conflicts in
international relations are resolved on the basis of agreements. Hence, the
contract is a necessary and inevitable product of the social life of conscious
beings - human beings. Such an idea can be taken as a relatively broad
interpretation. In the narrow sense, contracts are not only the coexistence
and activity of people, but also the division of labor, the production of goods,
the product of exchange.
It would also be unreasonable to make the existence of contracts
absolutely connected with the existence of the state, legal norms. Although
there were no obstacles to assuming that contracts existed in a customary
and ethical manner, even in the absence of state and law, the emergence of
the state strengthened the performance of contracts and became a specific
guarantee for the parties in fulfilling their obligations. At the same time, it
should be noted that enforcement meAndijan State University named after
Z.M.Boburres of such agreements or liability meAndijan State University
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named after Z.M.Boburres against the parties who did not fulfill or did not
fulfill them did not always have a positive effect, because at that time there
was no state and law giving legal force to the agreement. The emergence of
the state and law gave the contract a strict content and form and turned it
into a means of legal regulation [9, -p. 19].
Contracts concluded by microcredit organizations include microloans,
microcredit, microleasing and others related to monetary obligations.
According to Article 13 of the Law “On microcredit organizations”, a
microcredit organization can provide the following types of microfinance
services:
- issuance of microcredits or microloans;
- purchase and sale of debt obligations (factoring);
- microleasing (financial leasing) in which a microcredit organization
participates as a lessor;
- provision of other types of microfinance services, including consumer
loans in accordance with the legislation.
A microcredit organization may provide consulting and information
services related to the provision of microloans, microloans, microleasing,
and other microfinance services.
Microcredit organization:
- to issue debt obligations and accept deposits from legal entities and
individuals;
- to attract loans from individuals, except for their founders
(participants, owners);
- to calculate interest in the amount of more than half of the annual
amount of debt under contracts for the provision of microfinance services,
to collect brokerage fees and penalties (fines, penalties), to apply other
meAndijan State University named after Z.M.Boburres of liability;
- has no right to be a guarantor or guarantor of the obligations of its
founders (participants, owners), as well as to provide them with other ways
to ensure the fulfillment of their obligations.
Contracts concluded by microcredit organizations are, by their nature,
limited in amount, focused on specific goals and aimed at developing the
activities of small businesses [5, - p. 39-42]. According to Article 744 of the
Civil Code, one party to a loan agreement - a bank or other credit institution
(lender) provides the other party (borrower) with funds (credit) in the
amount and on the terms specified in the agreement, and the borrower to
repay the amount received. undertakes to pay interest.
In cases where the legislation allows commercial organizations that are
not credit organizations to carry out lending, the provisions of the loan
agreement shall apply to lending relations carried out by such commercial
organizations.
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According to Article 4 of the Law on Microfinance, a microcredit is a loan
provided to a borrower for business activities in the amount not exceeding
300 million soums on terms of payment, maturity and repayment. A
microcredit can be issued to a borrower on the terms of using funds for
specific purposes in accordance with the agreement (target microcredit).
According to D.J.Suyunova, the legal relationship of credit is between the
bank (other credit institution) and the borrower on the movement of credit
assets, with the characteristics of solvency and maturity, with the
requirement of clear and stable relations, provided by contractual forms
(loan agreement, bank account). number contract) relationship [11, - p. 8].
According to T.T. Madumarov, in microcredit and microcredit,
microcredit organizations offer favorable and favorable conditions for small
businesses, and the amount and term of microcredit is carried out through
lending techniques that are acceptable for businesses [4, - p. 25-29]. In fact,
the microcredit agreement is provided in a fixed amount, not exceeding 300
million soums, on the basis of an agreement between the microcredit
organization and the client. As a rule, a microcredit is a targeted loan and is
regulated by the mechanism set out in Article 739. According to this article,
if the loan agreement is concluded on the condition that the borrower uses
the funds for a specific purpose (specific purpose loan), the borrower must
provide the lender with the opportunity to control the use of the loan
amount for a specific purpose.
If the borrower fails to comply with the terms of the loan agreement on
the use of the loan amount for a specific purpose, the lender has the right to
demand early repayment of the loan amount and payment of appropriate
interest, unless otherwise provided by the agreement. If the loan amount in
a normal loan is determined by mutual agreement between the bank and the
lender, the maximum loan amount in a microcredit is determined by law. In
addition, this type of loan is specific to the target loan and creates an
obligation not to use the loan amount for the intended purpose, early
termination of the loan agreement and repayment of the loan amount.
The next agreement to be concluded by microcredit organizations is a
microloan agreement. According to Article 5 of the Law on Microfinance,
microloans are funds provided by banks and microcredit organizations to
an individual borrower in the amount not exceeding 50 million soums on
terms of payment, maturity and repayment. Pursuant to Article 732 of the
Civil Code, under the Loan Agreement, one party (the lender) transfers to
the other party (the borrower) money or other items marked with type
characteristics, and the borrower gives the lender a lump sum or in
installments of the same amount or undertakes to return the items (loan
amount) equal to the type, quality and quantity of the borrowed items.
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According to S.Yu. Eshankulov, the borrower’s use of money and other
items determined by the characteristics of the type can be done only by
consuming them. Therefore, the borrower can not be obliged to return the
same money or goods after the expiration of the term of use of the loan
object [16, - p. 13].
Therefore, the microcredit agreement also provides for the return of
interest on the loan to the microcredit organization in the prescribed
manner and time. In law enforcement practice, there are some disputes over
the definition of the legal nature of microcredit and microcredit services
provided by microcredit organizations and what type of service they belong
to. In particular, the Kokand State Tax Inspectorate conducted in-house
control over the activities of “Trusted Microcredit Organization”, “Respect
Plus Microcredit Organization” and “Golden Star Microcredit Organization”
LLC in Kokand for 2014-2018 and provided services in accordance with the
assignment agreement. And the single tax rate should be 33%, not 5% of
gross income. As a result, at the rate of 33%, different MKTs were required
to pay a single tax (from 1180812148 soums to 359.267.100 thousand
soums).
However, the letter of the National Association of Microfinance
Institutions of Uzbekistan №ID / 009 dated January 31, 2019 to the State
Tax Committee of the Republic of Uzbekistan contains the following
objections: Article 3 of the Law “On Microcredit Organizations” defines
microcredit organizations as microcredit, microcredit, microleasing provide
services in the field of delivery and therefore it is incorrect to evaluate the
services they provide as assignment-based services. In the response letter
of the State Tax Committee of the Republic of Uzbekistan to the National
Association of Microfinance Institutions of Uzbekistan No. 22-04411 dated
February 13, 2019, the activities of microcredit organizations on
microcredit, microcredit and microleasing are not intermediary services [6,
- 150 p].
Microleasing activities performed by microcredit organizations differ
from other types of microfinance services in terms of their amount, and
according to the first and second parts of Article 6 of the Law “On
Microfinance”, the microfinance organization provides microfinance
services to third parties on behalf of the lessee. is a service that is provided
for a fee to the lessee for possession and use on the terms specified in the
contract. Microleasing is provided in the amount not exceeding 600 million
soums in accordance with the legislation on leasing for business activities.
According to O.T.Hazratkulov, at present, the efforts to further develop the
activities of business entities in the country, to support farms producing
agricultural products have put on the agenda the need to introduce leasing
in the national economy. In turn, the financial crisis of business entities or
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135
the lack of sufficient working capital increases the need for leasing [13, - p.
3].
Reflecting on the importance and necessity of leasing, E.R .Nabiev and
M.D. Marpatov express the following opinion: due to the fact that today
various forms and types of leasing are used and it is carried out in
cooperation with specialized and other financial institutions, leasing the
content is enriched [8, p. 18].
Economist E.A.Teltevskaya writes that in the context of globalization of
the economy and the expansion of integration processes, various
investments are of particular importance as a factor in increasing the
competitive advantage of enterprises, which raises the problem of renewal
of fixed assets and logistics. However, in many cases, companies do not have
sufficient capital. Only large companies have the ability to issue additional
shares or bonds. Banks, on the other hand, need to lend mainly to
enterprises with a good credit history and high liquidity [12, -p. 3].
Commenting on the nature of the lease agreement and the need for its
legal regulation, II Sharapov writes: the economic essence of property
relations is the subject of legal regulation and determines the content of
relevant legal norms, but in any case legal regulation is based on its own laws
and existing approaches legal order should be established on the basis of
[14, - p. 13].
V.V.Vitryansky, thinking about the importance of legal regulation of
leasing, emphasizes the need to proceed from the existing system of legal
regulation of property transactions in the regulation of leasing relations [1,
- p. 25].
In our opinion, the legal regulation of leasing relations requires a correct
understanding of its essence and the use of methods and tools of legal
regulation on this basis. The fact that the current legislation uses a
contractual approach to the legal regulation of leasing is due to the fact that
the implementation of leasing activities is based on mutual agreement of the
parties. Therefore, the development of leasing practices and ensuring their
transparency, including meAndijan State University named after
Z.M.Boburres to support the development prospects of small businesses,
where leasing schemes are widely used, determine the importance and
necessity of leasing activities today. Just as leasing is an important issue, so
is the legal regulation of leasing. Because only if the leasing activity is
regulated by law, economic development will grow on a systematic basis [7,
- p. 15].
Another factoring agreement concluded by microcredit organizations is
the factoring agreement. According to the first part of Article 749 of the Civil
Code, one party (financial agent) to another party (client) under the
financing agreement in exchange for waiver of a monetary claim in favor of
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136
another person from the transfer of goods, works or services to the third
party (creditor). provides or undertakes to disburse funds at the expense of
the resulting monetary claim, and the client submits or undertakes to
transfer this monetary claim to the financial agent. According to Yu. Efimova,
self-factoring is a financial transaction in which the client carries out a
debtor’s debt to another company in order to receive a large part of the
payment immediately and reduce the cost of settlement [3].
According to N.Grimberg, in the formation of a factoring relationship, “a
contract is concluded with a financial agent, which provides for the supply
of funds to the supplier at the expense of his monetary claims against the
buyer (debtor). That is, the product supplier receives funds that can be put
into circulation immediately upon shipment of the goods (sometimes even
earlier). The financial agent gives the client funds (undertakes to give) at the
expense of his monetary claim against a third party, and the client waives
(undertakes to waive) this monetary claim in favor of the financial agent [2,
- p. 5]. It turns out that factoring is a set of services provided in the field of
lending to the supplier of goods at the expense of supply. In this regard, bian
factoring can be recognized as an interconnected system of services.
Consequently, the “wholesale” payment for all services will be cheaper than
the separate payment for each financial service [10, p. 14].
The next contract concluded by microcredit organizations is the
provision of consulting and information services related to the provision of
microcredit, microloans, microleasing and other microfinance services. At
the same time, microcredit organizations provide consulting and
information services on the basis of a relevant collective agreement. This
type of contract can also be described as a service contract for a fee. Because
these types of services do not have a substantive legal form and are
regulated by the provisions of Chapter 38 of the Civil Code.
In general, the system of contracts governing the activities of
microcredit organizations is wide and diverse, mainly used as a means of
financial support for small businesses and the poor. Therefore, most of these
types of contracts are seen as collective and accession agreements.
References:
1.
Vitryansky V.V. Financial lease (leasing) agreement // Bulletin of the
Supreme Arbitration Court of the Russian Federation (special application).
1999. - No. 10. - S. 25.
2.
Grimberg N. Factoring agreement: the rights of the debtor [Electronic
resource] // Director-info. - Moscow, 2002. - No. 36. URL:
http://www.director-info.ru/article.aspx?id=13200&iid=530
3.
Efimova Yu. How to turn debts into working capital // Finance. 2004.
No. 5.
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4.
Madumarov T.T. Some issues of legal regulation of credit relations //
Tasks for the development of civil society and increasing the social activity
of the population in the Action Strategy: Proceedings of the scientific-
theoretical conference. - Andizhan: Andizhan State University, 2017. - p. 25–
29.
5.
Madumarov T.T. Improving the system of contracts concluded by
microcredit organizations // Uzbek law review. –Tashkent, 2015. –№1. –
p.39–42.
6.
Madumarov T.T. Civil law regulation of microcredit organizations:
Dissertation for the degree of Doctor of Science in Law. –Tashkent, 2019. -
150 p.
7.
Mahmudxodjaeva U.M. Improving contractual relations in the field of
leasing: Master of Laws dis. ... Toshkent: 2017. - 15 p.
8.
Nabiev E.R., Marpatov M.D. Leasing idea, history, legal basis and
practice. - Tashkent, 2004. - 18 p.
9.
Raximova Yu.A. Civil law aspects of amendment and termination of
contracts. Monograph. –Tashkent: TSJI, 2012. - 19 p.
10.
Rakhmatullaev L.A. Prospects for the legal regulation of
international factoring in the Republic of Uzbekistan: Abstract. dis. ...
candidate In Law. – Tashkent, 2009. - 14 p.
11.
Suyunova D.Zh. Legal regulation of credit relations in the Republic
of Uzbekistan and ways to improve it: Abstract dis. ... candidate in Law. -
Tashkent: 2012. - 8 p.
12.
Teltevskaya E.A. Development and improvement of leasing as a
modern form of investment in the renewal of fixed capital: Abstract. dis. ...
cand. in economical sciences. – M, 2005. - 3 p.
13.
Hazratqulov O.T. Problems of legal regulation of leasing relations.-
Tashkent: Publisher, 2014. - 3 p.
14.
Sharapov I.I. Legal nature of a leasing agreement // Gaps in Russian
law. 2010. - No. - p. 13.
15. Contract Law: Team of Authors. - Tashkent: TSJI, 2006. - p. 5.
16. Eshonqulov S.Yu. Civil law problems of the loan agreement in the
conditions of market relations: Abstract of the dissertation candidate of
juridical sciences. - Tashkent: 2012. - 13 p.
