Mission to Oporto February 2017





Protecting the rights and interests of entrepreneurs: the experience of Uzbekistan and international practice

Le 26 Décembre, 2016


During the years of independence in Uzbekistan has formed a mixed economy, in which the leading role is played by small businesses and private entrepreneurship. Given the strategic importance of this sector to national welfare pays special attention to its stimulus, significantly simplify the procedure of registration of business entities and, most importantly, to ensure the full protection of the rights and legitimate interests of business people.


This was discussed in the international seminar on the theme: “Modern judicial mechanisms of reliable protection of the rights and legitimate interests of entrepreneurs: the experience of Uzbekistan and international practice”, took place in Tashkent on 16 December, 2016.


The event was organized by the Supreme Economic Court, together with the Supreme Court of Uzbekistan, the UN Development Programme (UNDP), the OSCE Projects Coordinator in Uzbekistan and the German Society for International Cooperation (GIZ).
The seminar was attended by representatives of the Parliament and the Government of Uzbekistan, the country’s business community, experts from the US, Germany and Spain, domestic experts in the field of law.


The event provided a good opportunity to experts to consider the national experience and international practice in the area of effective legal protection of the rights and legitimate interests of entrepreneurs. It was also discussed topical issues of improvement of national legislation to improve the efficiency of proceedings before the courts. The concrete proposals and recommendations which will be forwarded to the relevant ministries and departments have been developed during the discussions and breakout sessions.

Participants of the meeting expressed their appreciation undertaken in Uzbekistan measures for the full support of small business and private entrepreneurship. In this regard, were reviewed and discussed the main provisions of two important decrees of the President of the Republic of Uzbekistan – “On additional measures to ensure the rapid development of business, all-round protection of private property and the qualitative improvement of the business climate,” dated October 5, 2016 and “On measures to further reform the judicial-law system, strengthening guarantees protection of the rights and freedoms of citizens” from October 21, 2016.


Experts noted in particular the impact of the measures taken in accordance with the above documents, which provide a radical reduction of interference in entrepreneurial activity, crime prevention. Appreciation received a significant increase in the legal protection of the rights and legitimate interests of the business through a phased transfer of functions and powers of the courts regulatory authorities on the application of administrative penalties against businesses and their employees.


According to the speakers, now in Uzbekistan, there is a shift of legal proceedings to a qualitatively new level. Its main priority is to ensure the genuine independence of the judiciary, strengthening the guarantees of protection of the rights and freedoms of citizens, improving access to justice. Work on creation of the system of economic courts of regional courts of appeal, which aims to eliminate the powers of regional economic courts on the revision of their own making. All these measures will strengthen public confidence in the business and for justice and the rule of law in the country.
Constructive discussions took place on the issue of introduction of modern information and communication technologies in the activity of the bodies of Themis. As is known, in 2013 in economic courts the opportunity to filing claims and petitions, as well as the receipt of court decisions in electronic form. The continuation of this work was the introduction of the practice of holding hearings in videoconference: the participants of the legal proceedings come enough in building the economic court of the place of residence, and via video conference to take part in the meeting, held in a different region. Soon, the Supreme Economic Court will launch several pilot projects in the audio-video-fixing hearings.


– The development of small business and private entrepreneurship plays an important role of access to justice, – says the American professor, head of the project to assess the activity of the courts at the US National Center for Ingo Keylits state courts. – This means that in the event of any contentious issues between business entities or between businessmen and state authorities must have equal access to the courts. It is also important that the cases were dealt with quickly, competently and adequately. This, in turn, requires the court staff qualifications and impartiality. In general, timely and equitable solution to the problems of small business builds confidence in the judicial system as an important branch of government, business creates confidence in the future. Confident entrepreneur will create more jobs, which in turn will promote economic growth in the country.
Vice-President of the Supreme Administrative Court and the Permanent Representative of the President of the Constitutional Court of Rhineland-Palatinate (Germany) Dyugmar Wunsche believes that during the years of independence Uzbekistan has made significant progress in protecting the rights and interests of business entities.
– And this progress is not measured by the number of adopted laws that protect the interests of business, and the successful implementation of their provisions, – said the representative of the Federal Republic of Germany. – This is particularly evident in the elimination of bureaucratic barriers, simplification of the procedure for state registration of business entities, unification and reduction of tax rates.


Nevertheless, the country is necessary to keep pace with the times, and improving legislation and the ways of its application. So I am very pleased that the new President of Uzbekistan put forward a number of significant initiatives to ensure the accelerated development of entrepreneurship. At present the development of the relevant legislation, while the participation of foreign specialists. I hope that the practical results of the work in this direction will attract the national economy more foreign investment and stimulate domestic investment flow.


Information Agency “Jahon”