On additional measures for organizing state control over the activities of business entities by supervisory bodies (611-son)

19.10.2022

RESOLUTION

OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

In order to ensure the implementation of the Decree of the President of the Republic of Uzbekistan “On measures to further reduce the administrative and tax burden on business entities and improve the system for protecting the legitimate interests of business” dated September 15, 2021 No. DP-6314, as well as the Resolution of the President of the Republic of Uzbekistan “On measures to improve the procedure for coordinating inspections of business entities” dated September 13, 2022 No. DP-374, and also for the purpose of further improving the system for protecting the legitimate interests of business entities, the Cabinet of Ministers resolves:

1. Approve the following:

a) in accordance with Appendix 1 — the Regulation on the procedure for maintaining the Register of inspections, which provides for:

forms for maintaining the Register of inspections (hereinafter — the Register);

information on inspections to be entered into the Register and the procedure for entering such information;

monitoring compliance with the procedure for maintaining the Register and keeping its records;

b) in accordance with Appendix 2 — the Regulation on the procedure for attestation of officials of supervisory bodies for granting the right to inspect the activities of business entities, which provides for:

establishment of the attestation commission and organization of its activities;

formation of the list of employees subject to attestation;

conduct of attestation of employees and adoption of decisions by the attestation commission based on its results;

issuance of a special certificate granting the right to inspect the activities of business entities to employees who have passed attestation;

c) in accordance with Appendix 3 — the minimum requirements for “risk analysis” systems of supervisory bodies, which provides for:

general requirements for analyzing the level of risk in the activities of business entities;

categories of data to be studied during risk analysis;

classification of risk levels and requirements for their criteria;

measures to be implemented within classified risk levels.

2. Supervisory bodies shall, within one month, enter into the information system “Unified State Control” data on officials who have undergone attestation in accordance with the established procedure prior to the adoption of this Resolution and who are authorized to inspect business entities, for the purpose of forming an electronic register of officials authorized to inspect the activities of business entities.

3. Certain resolutions of the Government of the Republic of Uzbekistan according to Appendix 4* shall be declared invalid.

* The Appendix 4 of the act is given in uzbek.

4. Interested ministries and agencies shall, within one month, bring their adopted normative legal acts into compliance with this Resolution.

5. Control over the implementation of this Resolution shall be assigned to the Deputy Prime Minister of the Republic of Uzbekistan on financial, economic and poverty reduction issues — the Minister of Economic Development and Poverty Reduction J.A. Kuchkarov.

Prime Minister of the Republic of Uzbekistan A. ARIPOV

Tashkent,

October 19, 2022,

No. 611

Appendix 1 to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 611 dated October 19, 2022

Regulation

Regulation on the procedure for maintaining the Register of inspections

Chapter 1. General provisions

1. This Regulation establishes the procedure for maintaining and completing the Register of inspections.

2. The following basic concepts are used in this Regulation:

authorized body — an organization authorized by the legislation of the Republic of Uzbekistan to coordinate inspections of the activities of business entities and to monitor the legality of inspections conducted by supervisory bodies;

State control system — the information system “Unified State Control”, which enables the collection, analysis and processing of large volumes of data related to state control in the field of entrepreneurship;

supervisory body — a ministry, agency, their structural subdivisions, and other organizations authorized by legislation to exercise state control over the activities of business entities;

official of a supervisory body — a person who, on a temporary basis or under special authorization, exercises control over the activities of a business entity, performs legally significant actions within the business entity, and carries out these functions in administrative or judicial bodies;

business entity — legal entities and individuals duly registered in accordance with the established procedure and engaged in entrepreneurial activity;

Register of inspections — a special electronic register in which information on conducted inspections is recorded;

inspection — a control measure carried out by obtaining necessary materials, documents or information related to the activities of a business entity, as well as by performing certain actions to determine the extent of compliance with legislation regulating its activities.

3. The purpose of maintaining the Register of inspections is to:

ensure legality, objectivity and transparency in the activities of supervisory bodies;

protect the rights and legitimate interests of business entities;

prevent unlawful interference in the activities of business entities;

ensure accountability and transparency of the state control system.

4. All inspections conducted in relation to the activities of business entities shall be entered into the State control system.

5. The Register of inspections shall be maintained by the business entity in electronic form.

The electronic form of the Register shall be maintained through registration of the business entity in the State control system.

6. The electronic form of the Register of inspections shall be completed on a mandatory basis.

7. Data shall be entered into the electronic form of the Register through the web page of the State control system or via a special mobile application.

The electronic form of the Register of inspections shall be completed directly by the business entity.

8. The Register of inspections shall contain information on the full name of the business entity, its location (postal address), its taxpayer identification number or the personal identification number of an individual.

9. Information constituting state secrets or other secrets protected by law shall not be entered into the Register of inspections.

10. The Register of inspections shall be completed in accordance with the scheme set out in the appendix to this Regulation.

Chapter 2. Entering records on inspections into the Register of inspections

11. Before the commencement of an inspection, the head of the business entity (or, in the absence of the head — the person acting in his/her capacity) shall provide the official of the supervisory body with access to the electronic form of the Register of inspections for completion.

12. Before the commencement of an inspection, the official of the supervisory body shall, in accordance with the legislation, acquaint the head of the business entity (or the person acting in his/her capacity) with the purpose and conditions of the inspection, present the documents required by law, and enter relevant information into the appropriate sections of the Register of inspections.

13. The head of the business entity (or the person acting in his/her capacity) shall have the right to compare the information entered into the Register of inspections with the information contained in the documents presented by the inspecting official in accordance with the legislation.

14. Before the commencement of an inspection, the official of the supervisory body shall enter the following information into the electronic form of the Register of inspections:

the inspection number registered in the State control system;

the name of the supervisory body conducting the inspection;

the surname, name and patronymic of the official of the supervisory body, and where several officials are involved in the inspection — information on each of them;

the number of the special certificate of the official of the supervisory body;

if the entered certificate number does not correspond to the data in the State control system, the inspection by such official shall not be permitted at the business entity;

the address of the business entity being inspected;

the number and date of the order serving as the basis for conducting the inspection;

the type of inspection, including the type available in the State control system and its specific code;

the duration of the inspection;

where auditors and experts are involved in the inspection — their surname, name and patronymic, place of work, field of activity, as well as the number and date of the contract serving as the basis for their involvement.

Where an inspection is conducted by more than one supervisory body, each supervisory body shall also enter the information specified in this paragraph.

After the information entered into the electronic form of the Register of inspections has been duly confirmed, it may not be modified, except for information relating to auditors and experts involved in the inspection.

15. After completion of the inspection, the head of the business entity (or the person acting in his/her capacity) shall enter the following information into the electronic form of the Register of inspections:

the date of commencement of the inspection;

the date of completion of the inspection;

the duration of the inspection;

documents requested during the inspection;

measures applied during the inspection (written instructions, protocols on administrative offences, decisions on the imposition of financial and economic penalties, and court decisions);

information on participation of third parties in the inspection (representatives of the Chamber of Commerce and Industry of the Republic of Uzbekistan and associations of which the business entity is a member, engaged at the request of the business entity, as well as tax consultants, interpreters and advocates engaged on a contractual basis).

The business entity may also provide an assessment of the inspection conducted and report corruption-related situations during the inspection in the electronic form of the Register of inspections.

16. If the inspecting official refuses to complete the Register of inspections or if discrepancies are identified as a result of comparing the information specified in this Regulation, such official shall not be allowed to conduct the inspection. In this case, the head of the business entity (or the person acting in his/her capacity) shall have the right to apply to the authorized body and notify other law enforcement bodies.

Chapter 3. Final provisions

17. In order to prevent unlawful interference in the activities of business entities, monitoring of compliance with the procedure for maintaining the Register of inspections by supervisory and law enforcement bodies shall be carried out by the authorized body and the Chamber of Commerce and Industry of the Republic of Uzbekistan.

18. The authorized body shall maintain records of the Register of inspections within the State control system.

19. Failure by officials of supervisory and law enforcement bodies to comply with the requirements of this Regulation shall be regarded as a violation of the procedure for inspecting the activities of business entities.

20. Persons guilty of violating this Regulation shall be held liable in accordance with the procedure established by legislation.

Appendix to the Regulation on the procedure for maintaining the Register of inspections

Scheme

for completing the Register of inspections

Appendix 2 to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 611 dated October 19, 2022

Regulation

Regulation on the procedure for attestation of officials of supervisory bodies for granting the right to inspect the activities of business entities

Chapter 1. General provisions

1. This Regulation establishes the procedure for attestation of officials of supervisory bodies for granting the right to inspect the activities of business entities (hereinafter — attestation).

2. The following basic concepts are used in this Regulation:

authorized body — an organization authorized by the legislation of the Republic of Uzbekistan to coordinate inspections of the activities of business entities and to monitor the legality of inspections conducted by supervisory bodies;

State control system — the information system “Unified State Control”, which enables the collection, analysis and processing of large volumes of data related to state control in the field of entrepreneurship;

supervisory body — a ministry, agency, their structural subdivisions, and other organizations authorized by legislation to exercise state control over the activities of business entities;

official of a supervisory body — a person who, on a temporary basis or under special authorization, exercises control over the activities of a business entity, performs legally significant actions within the business entity, and carries out these functions in administrative or judicial bodies;

business entity — legal entities and individuals duly registered in accordance with the established procedure and engaged in entrepreneurial activity.

3. Attestation is conducted in order to assess the qualifications and professional level of officials of supervisory bodies who inspect the activities of business entities (hereinafter — officials), as well as to increase their responsibility for compliance with the requirements of legislation related to the activities of supervisory bodies and inspections of business entities.

Officials conducting remote tax inspections based on monitoring the movement of marked goods through the automated information system of tax authorities shall not be subject to attestation.

4. The main principles of conducting attestation are legality, mandatory nature, transparency, objectivity, and collegiality.

5. The number of officials subject to attestation shall be determined by each supervisory body based on the requirements established by legislation for supervisory bodies and their officials.

6.Officials shall undergo attestation by the supervisory body at least once every three years in accordance with the scheme set out in Appendix 1 to this Regulation.

7. The main objectives of attestation are:

identification of highly qualified and responsible officials;

determination of the level of professional training of officials and the need for their retraining or advanced training;

organization of preventive measures in the activities of business entities and ensuring that inspections are conducted in accordance with legislative requirements;

elimination of corruption-related situations, prevention of conflicts of interest, and ensuring legality during inspections of business entities.

Chapter 2. Organization of the activities of the attestation commission

8. Attestation shall be conducted by an attestation commission consisting of five members, established on the basis of an order of the head of the supervisory body.

The attestation commission shall consist of a chairperson, a secretary and members of the commission. The chairperson of the attestation commission shall be determined in accordance with paragraph 9 of this Regulation. The composition of the commission shall be formed from persons who are not involved in conducting inspections of business entities.

By order of the head of the supervisory body, territorial or inter-territorial attestation commissions may be established within its territorial subdivisions. In this case, the head of the territorial subdivision of the supervisory body shall act as the chairperson of the territorial or inter-territorial attestation commission.

If the supervisory body does not have territorial subdivisions with the status of a legal entity, attestation shall be conducted by the republican attestation commission.

9. The attestation commission shall consist of a chairperson and four members. The commission shall include two representatives of the supervisory body and one representative each from the authorized body, the Chamber of Commerce and Industry, and business entities.

The head (or deputy head) of the supervisory body or its relevant territorial subdivision having the status of a legal entity shall act as the chairperson of the attestation commission.

Information on the attestation commission shall be published on the official website of the supervisory body.

The composition of territorial or inter-territorial attestation commissions shall be formed from representatives of the territorial subdivisions of the bodies specified in paragraph 9 of this Regulation.

10. The attestation commission shall operate on a permanent basis, and organizational support for its activities shall be provided by the working body of the attestation commission.

11. The structural unit of the supervisory body responsible for human resources shall perform the functions of the working body, and its representative shall serve as the secretary of the attestation commission.

The working body shall perform the following functions:

prepares necessary documents for conducting attestation jointly with the relevant structural unit of the supervisory body;

compiles and submits to the attestation commission the list of officials subject to attestation;

prepares the list of questions for attestation and ensures their submission to commission members for approval;

coordinates with commission members the date and venue of attestation and informs officials accordingly;

ensures cooperation with interested organizations;

takes measures to publish information about the attestation commission on the website;

resolves other issues related to the work of the attestation commission and implementation of its decisions in accordance with this Regulation.

12. In conducting attestation, the attestation commission shall:

hear brief information about the official undergoing attestation;

ask questions to the official undergoing attestation;

conduct open voting based on the results of attestation;

provide recommendations for improving the performance of the official undergoing attestation;

adopt a decision on granting the right to inspect the activities of business entities;

consider issues related to revocation of a previously issued special certificate granting the right to inspect the activities of business entities and adopt relevant decisions;

resolve other issues related to conducting attestation.

13. The attestation commission shall be responsible for ensuring that attestation is conducted in an open, objective and fair manner.

Chapter 3. Conduct of attestation

14. The head of the supervisory body shall approve, in agreement with the authorized body, the list of officials subject to attestation and issue an order on conducting attestation.

15. The list of officials subject to attestation shall include:

officials authorized to inspect the activities of business entities (except for officials of tax authorities conducting remote tax inspections);

officials whose special certificates have expired or will expire within the current month;

officials recommended for obtaining the right to inspect the activities of business entities, having at least two years of work experience (at least three months for conducting field tax inspections).

The list shall not include officials who previously had the right to inspect business entities but were appointed to positions not related to inspections, as well as officials deprived of such right due to violations of legislation in the field of inspections of business entities.

16. The head of the supervisory body shall initiate the timing of attestation, taking into account the expiration of the validity period of officialsʼ rights to inspect business entities, changes in the structure and staffing of the supervisory body, staff turnover, and other factors.

17. The head of the relevant structural unit of the supervisory body shall submit to the working body a service характеристика for each official subject to attestation.

An official subject to attestation shall be familiarized with the order on conducting attestation at least two weeks prior to the attestation, against signature.

18. A meeting of the attestation commission shall be considered valid if at least three quarters of its approved composition are present.

19. Attestation shall be conducted in the form of a question-and-answer session with the official undergoing attestation.

20. During attestation, persons undergoing attestation shall be prohibited from using electronic devices, reference materials, special or other literature, as well as any notes. In case of violation of these requirements, the persons undergoing attestation shall be removed from the attestation and deemed not to have passed it.

21 Participation of unauthorized persons in meetings of the commission shall not be permitted.

22. Attestation shall, as a rule, be conducted at a venue designated by the supervisory body. The supervisory body shall ensure that the attestation process is monitored in real time (online). Members of the commission may participate in attestation via videoconferencing, if necessary.

23. The secretary of the attestation commission shall submit to the commission information materials on each official undergoing attestation at least one week prior to the date of attestation.

24. At least 15 days prior to the attestation, a list of questions shall be prepared by the working body in coordination with the attestation commission and approved by the chairperson of the attestation commission.

The list shall mandatorily include questions related to normative legal acts regulating the activities of business entities, as well as situational tasks — situations that occur and/or may occur during inspections of business entities, and questions related to the “risk analysis” system which provides for initiation of inspections based on the level of risk of violation of legislation by the relevant business entity.

25. For each official undergoing attestation, an attestation sheet shall be prepared in two copies in accordance with Appendix 2 to this Regulation.

26. Taking into account the performance evaluation of the official undergoing attestation and the answers given to questions, the attestation commission shall adopt an individual decision in respect of each official by open voting. A decision shall be considered adopted if supported by a majority of the members of the attestation commission participating in the attestation. In the event of a tie, the vote of the chairperson of the attestation commission shall be decisive.

27. Based on the results of attestation, the attestation commission shall adopt one of the following decisions:

the official has passed attestation;

the official has not passed attestation.

Members of the attestation commission shall not abstain from voting.

28. The decision of the attestation commission shall be announced immediately after the completion of voting, and participants of the attestation shall sign the attestation sheets.

29. The decision adopted by the attestation commission shall be recorded in the attestation sheet signed by the chairperson, secretary and members of the attestation commission.

If the person undergoing attestation refuses to sign his/her attestation sheet, a corresponding note shall be made.

The second copy of the attestation sheet shall be provided to the official who has undergone attestation within one day after the attestation, against signature.

30. Within two days following the attestation, minutes shall be drawn up. The minutes shall indicate the date and place of attestation, the decision of the attestation commission, and the attestation sheets shall be attached. The minutes shall be signed by the chairperson and the secretary of the attestation commission.

31. An official who has passed attestation shall be granted the right to inspect the activities of business entities for the period determined by the attestation commission.

32. Officials who fail to attend attestation for valid reasons (illness, business trip or other reasons) shall be included in the list of employees to be considered at the next meeting of the attestation commission.

33. An official deemed not to have passed attestation may be admitted to re-attestation no earlier than six months later.

34. An official who has not passed attestation shall be prohibited from inspecting the activities of business entities. The head of the supervisory body may, with the consent of such official, transfer him/her to a position not related to inspections of business entities.

35. If, during the inspection of a business entity, an official commits violation of the law and/or is held liable in accordance with the established procedure, the right granted to him/her shall be revoked by the attestation commission.

An official whoʼs right to inspect the activities of business entities has been revoked by the attestation commission may be admitted to re-attestation no earlier than one year later.

Chapter 4. Formation and maintenance of the electronic register of officials of supervisory bodies

36. The electronic register of officials of supervisory bodies shall be formed by the supervisory body in the State control system and maintained by the authorized body.

37. Based on the results of attestation, the working body shall enter the following information on officials of supervisory bodies into the State control system:

the name of the supervisory body;

the name of the subdivision of the supervisory body where attestation was conducted;

the date of attestation;

a copy of the minutes of the attestation commission;

for officials who have successfully passed attestation and have the right to inspect the activities of business entities: surname, name and patronymic, position, validity period of the special certificate, passport series and number, date and issuing authority, and personal identification number of the individual;

for officials who have not passed attestation: surname, name and patronymic, position, passport series and number, date and issuing authority, and personal identification number of the individual.

38. After the relevant minutes are formalized based on the results of attestation, the information specified in paragraph 37 of this Regulation shall be entered into the State control system within one working day.

39. The authorized body shall verify the accuracy and completeness of the information entered into the State control system by the supervisory body within three working days.

If the information entered into the State control system is incomplete or inconsistent with the results of attestation, it shall be returned by the authorized body to the supervisory body for revision.

40. After the information entered into the State control system by the supervisory body is approved by the authorized body, officials who have successfully passed attestation shall be automatically assigned a serial number.

The serial number assigned to each official in the State control system shall serve as the number of the special certificate granting the right to inspect the activities of business entities.

Chapter 5. Special certificate granting the right to inspect the activities of business entities

41. An official who has passed attestation shall be issued a special certificate in accordance with Appendix 3* to this Regulation.

* The Appendix 3 of the act is given in uzbek.

42. The production, issuance, storage and accounting of special certificate forms shall be carried out at the expense of the supervisory body, in accordance with the procedure established for service certificates of officials and the requirements of paragraph 40 of this Regulation.

43. In cases where a special certificate is lost or becomes unfit for use, a duplicate may be issued to the official on the basis of his/her application by order of the supervisory body or its territorial subdivision.

When issuing a new special certificate, it shall bear the mark “Duplicate”. Re-attestation shall not be required for reissuance or issuance of a duplicate of the special certificate.

44. If an official who has the right to inspect the activities of business entities is transferred within the supervisory body to another position related to inspections, a new special certificate indicating the new position shall be issued for the remaining validity period of the previously issued certificate.

45. Upon termination of the employment contract with the official or transfer to a position not related to inspections of business entities, the special certificate shall be returned to the working body.

The working body shall notify the authorized body within one working day from the date of return of the special certificate. In this case, the authorized body shall make appropriate changes in the electronic register of officials of supervisory bodies in the State control system regarding the official whose employment contract has been terminated or who has been transferred to a position not related to inspections of business entities.

Chapter 6. Final provisions

46. Expenses related to the organization and conduct of attestation shall be financed from the funds of the relevant supervisory body.

47. Issues related to the conduct of attestation not regulated by this Regulation may be resolved by the attestation commission through voting.

48. Decisions of the attestation commission may be appealed to a higher authority or to a court in accordance with the established procedure.

49. Persons guilty of violating the requirements of this Regulation shall be held liable in accordance with the procedure established by legislation.

Appendix 1 to the Regulation on the procedure for attestation of officials of supervisory bodies for granting the right to inspect the activities of business entities

Scheme

for conducting attestation of officials of supervisory bodies for granting the right to inspect the activities of business entities

Appendix 2 to the Regulation on the Procedure for Attesting Officials of Regulatory Bodies for Granting the Right to Audit the Activities of Business Entities

Appendix 3 to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 611 dated October 19, 2022

Minimum requirements

for “risk analysis” systems of supervisory bodies

Chapter 1. General provisions

1. These minimum requirements establish the minimum requirements for the development by supervisory bodies of a “risk analysis” system which provides for the initiation of inspections based on the level of risk of violation of legislation by business entities. These minimum requirements shall not apply to the risk management system used by customs authorities in the exercise of customs control.

2. The following basic concepts are used in these minimum requirements:

authorized body — an organization authorized by the legislation of the Republic of Uzbekistan to coordinate inspections of the activities of business entities and to monitor the legality of inspections conducted by supervisory bodies;

supervisory body — a ministry, agency, their structural subdivisions, and other organizations authorized by legislation to exercise state control over the activities of business entities;

business entity — legal entities and individuals duly registered in accordance with the established procedure and engaged in entrepreneurial activity;

inspection — a control measure carried out by obtaining necessary materials, documents or information related to the activities of a business entity, as well as by performing certain actions to determine the extent of compliance with legislation regulating its activities;

“risk analysis” system — a mechanism used by supervisory bodies to determine, on the basis of specific criteria in the relevant area of supervision, the level of risk of violation of legislation by a business entity in the course of its activities.

3. These minimum requirements shall be mandatory for supervisory bodies when developing a “risk analysis” system in relation to the activities of business entities.

4. The risk of violation identified on the basis of the developed “risk analysis” system, regardless of its level, shall not serve as grounds for applying enforcement measures to a business entity.

5. “Risk analysis” systems that do not comply with these minimum requirements shall not serve as a basis for initiating inspections of business entities.

Chapter 2. General requirements for risk level analysis

6. The process of analyzing the level of risk of violation of legislation by a business entity shall not include actions which provides for suspension of activities, obstruction, or direct interference in the activities of the business entity.

7. Risk level analysis may be carried out on the basis of studying the following information:

administrative data (licenses, permits and other documents available in state bodies);

periodic statistical data, including indicators characterizing business entities in which violations have previously been identified, reports, and results of other correlation analyses;

applications received from legal entities and individuals;

information obtained from mass media or other external sources (social networks, websites);

analysis of deficiencies identified as a result of control purchases;

other information obtained from sources not prohibited by legislation, as well as from state bodies and other organizations, provided that it does not directly or indirectly interfere with the normal activities of the business entity.

8. During the process of risk level analysis, it shall not be permitted to request documents or information from the business entity.

9. Risk level analysis shall be carried out by the supervisory body at least once a year.

10. Risk level analysis shall be conducted in relation to business entities operating within the scope of the supervisory authority of the supervisory body.

It is prohibited to analyze and assess the activities of business entities that do not fall within the supervisory authority of the supervisory body.

Chapter 3. Classification of risk levels and requirements for their criteria

11. The assessment of the risk level shall be carried out by evaluating the compliance of the activities of a business entity with indicators and criteria formed on the basis of analyzed data, using a point-based system.

12. The assessment process shall include at least five key indicators reflecting signs of violations in the activities of a business entity based on the analyzed data.

13. The score of each key indicator shall be determined based on the sum of the scores of its sub-indicators. The scores of key indicators may differ depending on their level of significance.

14. Each key indicator shall include at least five clarifying sub-indicators.

15. When evaluating sub-indicators, criteria clearly specifying the number of points to be assigned in each case shall be established. The use of vague rules or rules allowing selection within a range of values shall be prohibited. The assessment criteria shall provide for a specific score for a specific situation.

16. The assessment process shall be carried out as follows:

evaluation of sub-indicators based on established criteria and determination of scores for each sub-indicator;

determination of the score for each key indicator by aggregating the scores of sub-indicators;

determination of the overall risk score for violations in the activities of each business entity by aggregating the scores of key indicators.

17. Based on the total risk scores determined as a result of the assessment, the risk of violations by business entities shall be classified into the following three categories:

high risk — business entities with the highest risk scores constituting the top 20 percent of the total scores of all assessed business entities;

medium risk — business entities with risk scores constituting the next 50 percent of the total scores of all assessed business entities, excluding the top 20 percent;

low risk — the remaining business entities with lower risk scores.

Chapter 4. Measures implemented within classified risk levels

18. In accordance with the assessment results, preventive measures aimed at preventing violations shall be carried out in respect of business entities classified as high and medium risk.

19. Initiation of an inspection shall be permitted only in respect of business entities classified as high risk and only if, after the implementation of preventive measures, the indicators of violations have not improved.

20. Without conducting preventive measures and without waiting for their results, an inspection may be initiated in respect of business entities classified as high risk in the following cases:

where there is a high risk of harm to human life and health;

in urgent situations requiring prevention of threats to public safety;

where circumstances that may cause significant harm to the environment are identified;

where cases of material damage to individuals, legal entities, state bodies or other organizations are identified;

where there are instructions which provides for inspections issued by the Oliy Majlis of the Republic of Uzbekistan, the President of the Republic of Uzbekistan, the Presidential Administration, or the Cabinet of Ministers;

in other cases provided for by legislation.

21. Preventive measures aimed at preventing violations shall be mandatory in respect of business entities classified as medium risk. If, based on subsequent assessments, negative changes are identified in the activities of the business entity, an inspection may be initiated.

22. Any interference in the activities of business entities classified as low risk shall not be permitted.

23. The “risk analysis” system shall provide that all inspections conducted in the activities of business entities, regardless of the level of risk, are carried out with coordination or notification of the authorized body through registration in the information system “Unified State Control”.

Chapter 5. Final provisions

24. The “risk analysis” system developed by supervisory bodies shall be subject to mandatory approval in coordination with the authorized body and the Chamber of Commerce and Industry of the Republic of Uzbekistan.

25. The head of the supervisory body shall be personally responsible for the implementation of the “risk analysis” system.