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and civil rights and freedoms in the course of a preliminary investigation.
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Erkin Norbutayev, Independent Applicant of the Academy of the Ministry
of Internal Affairs of the Republic of Uzbekistan
LEGAL BASIS FOR LICENSING IN THE REPUBLIC OF UZBEKISTAN
Erkin Norbutayev
Abstract: The article discusses the legal basis for licensing in the
Republic of Uzbekistan, analyzes the regulatory legal acts, and on the basis
of a study of the opinions of scientists gives recommendations for its
improvement.
Keywords: license, licensing, legal regulation, licensing.
In accordance with the Constitution of the Republic of Uzbekistan, the
Cabinet of Ministers, within the limits of constitutional norms and in
accordance with the legislation in force, issues decisions and orders binding
Scientific research results in pandemic conditions (COVID-19)
53
on all bodies, enterprises, institutions, organizations, officials and citizens
throughout the territory of the Republic of Uzbekistan.
The Republic of Uzbekistan has created legal bases for the market
economy and favourable conditions for the development of private
property, small business and private entrepreneurship, is taking measures
to eliminate unnecessary bureaucratic barriers and reduce administrative
costs, reduce licensed activities and simplify permit procedures for business
activities, and the number and types of procedures necessary for business
activities are consistently reduced.
Within the framework of legal methods of regulation of social and
economic relations, methods of state regulation in the form of permits are
widely used, Registration, licensing, certification, standardization,
accreditation, etc. Licensing refers to methods of state regulation and is
aimed at establishing a permit procedure for carrying out certain types of
business activities, The need to strike a balance between the interests of the
individual and society, The security of the State and the activities of business
entities by establishing licensing requirements and conditions.
It should also be noted separately here that the procedure for licensing
certain types of activities is regulated by the norms of more than fifty
Resolutions of the Cabinet of Ministers, on the basis of which certain types
of activities in a given branch of society and the State are licensed according
to various requirements and conditions. The study of the current state of the
licensing system revealed the need for its further improvement in the
direction of achieving unity, integrity and transparency as a system of
measures of state regulation of social and economic relations.
As the head of state rightly noted... "currently there are 64 types of
licenses, of which 21 are issued by the Cabinet of Ministers and 40 by central
departments. The issuance of three types of licenses refers to the powers of
regional khokimiyats and only one - district khokimiyats" [1].
One of the key methods of state regulation of social and economic
processes is permitting activities of state bodies and officials, functioning in
the form of certification of goods and services, standardization, registration
of business entities, licensing of certain types of activities.
On this issue, various opinions have been expressed in the scientific
References:, so on the view of Subanova N.V.... "the main forms of permitting
activities are: licensing, granting of permission (special permission),
certification, granting of admission, certification, accreditation, quota
arrangement, registration" [2. c.17].
According to V.I. Krasnov,... "the permitting system, as a system of legal
material and procedural rules and corresponding legal relations, Arising in
the process of establishing and implementing the procedure for production,
acquisition, use, Storage, marketing and transportation of strictly defined
Scientific research results in pandemic conditions (COVID-19)
54
items and substances, opening and functioning of special enterprises and
organizations, Authorization to commit certain acts or to grant certain
powers, To supervise the accurate execution of the permit system and to
bring the perpetrators to the responsibility established by law.. [3. c.21]".
Valyaev Yu.K.... "who investigated the peculiarities of the method of
authorization in administrative law based on the classification of degrees of
freedom, identified from the legal array terms that denote permits as means
of realization of conditional rights and freedoms: license, permit, special
permit, admission, issue, approval, pass, special pass, certificate,
examination,
approval,
verification,
examination,
certification,
accreditation, diploma, certificate, approval of vehicle type, quota, special
law, passport. He notes, however, that in the content of the terms listed,
some refer to activities, others to enforcement acts, and others to
documents. One term can be given any of three and sometimes all three
meanings [4. c.19].
E.V. Titova is of the opinion that... "the shortcomings of licensing theory
include also the mixing of the concepts of licensing institution and
permitting system, which leads to legal uncertainty and contradictions of
legislation." [5. c.12]
To date, about twenty bodies of the state carry out licensing in various
areas. The issuance of licences, the suspension or termination of a licence,
and the revocation and re-issuance of a licence are activities of licensing
authorities.
Thus, the licensing bodies issuing licenses are, according to the
legislation, the Cabinet of Ministers of the Republic of Uzbekistan, Ministry
of the Interior, Ministry of Health, Ministry of Finance, State Customs
Committee, The State Committee for Tourism Development of the Republic
of Uzbekistan, as well as the Central Bank, State Security Service of the
Republic of Uzbekistan, Ministry for the Development of Information
Technologies and Communications of the Republic of Uzbekistan,
Intellectual Property Agency, Precious Metals Agency of the Central Bank of
the Republic of Uzbekistan, The Center for Coordination and Development
of the Securities Market under the State Competition Committee of the
Republic of Uzbekistan, State Committee of Veterinary Medicine of the
Republic of Uzbekistan, Ministry of Justice of the Republic of Uzbekistan,
Ministry of Justice of the Republic of Karakalpakstan, Department of Justice
of the Regions and Tashkent, State Institution "Uzbek Konzert" under the
Ministry of Culture of the Republic of Uzbekistan, State Committee of the
Republic of Uzbekistan on Architecture and Construction, Uzbek Road
Transport Agency, The Council of Ministers of the Republic of
Karakalpakstan, khokimiyats of the regions and the city of Tashkent and
other state bodies, in accordance with the basic law of our country, are
Scientific research results in pandemic conditions (COVID-19)
55
members of the Cabinet of Ministers and exercise executive power in the
country [6].
Thus, the analysis of the current state of the licensing system in our
country makes it possible to draw an important conclusion about the need
to carry out a comprehensive analysis and study of the licensing system, to
develop the licensing procedure aimed at improving the efficiency of market
mechanisms, while respecting private and public interests.
All this shows that the licensing system needs further improvement in
order to bring it into a single, holistic and interrelated system of measures
of State regulation of social and economic relations. The achievement of this
goal justifies the need for a comprehensive scientific study of licensing
problems, an inventory of regulatory acts, an analysis of the licensing
procedure, the elaboration of proposals and recommendations for the
elimination of legal regulation problems, unification, the elimination of
duplication and contradictions in legislative acts, as well as the
improvement of licensing procedures by field of activity.
References:
1. Address dated December 22, 2017 from President of the Republic of
Uzbekistan Shavkat Mirziev Oliy Majlis
2. Subanova N.V. Theoretical and applied bases of prosecutorial
supervision over the implementation of laws on the permit system. Abstract
of the dissertation Doctor of Law. – M, 2014. - Page 17.
3. Krasnov V.I. On Permitting Norms and Permitting System under
Russian Law//Jurid. notes. Issue. 4: Law and Russian - Voronezh, 1996.- P
23.
4. Valyaev Yu.K. Method of resolution in administrative law. Abstract of
the dissertation Doctor of Law. - M., 2009. - 24 p.
5. Titova E.V. Constitutional basis for licensing certain activities in the
Russian Federation. Abstract of the dissertation Doctor of Law. -
Chelyabinsk. - 2002. - С.12.
6. Cabinet of Ministers Decision No. 236 of 28 June 2002 on measures to
implement the Act on the Licensing of Certain Activities
