For more than five years in Uzbekistan there has been an institution of the Commissioner under the President of the Republic of Uzbekistan for the protection of the rights and legitimate interests of business entities (Business Ombudsman). During this time, representatives of small and medium-sized businesses have felt the real protection of their legitimate rights and interests.
It is worth noting that the Ombudsman institution comes from the Scandinavian countries. It was first established in Sweden at the beginning of the XIX century, when the position of the Ombudsman of Justice was introduced into the Constitution. After the Second World War, the institution of the Ombudsman appeared in different countries of the world. Its special role is that it is located between society and the authorities: on the one hand, it is an organ of the state, and on the other, it is a representative of civil society, which must respond to human rights violations by state structures.
The introduction of the Ombudsman institution in more than 180 countries of the world testifies to its important role in the lives of people, society and the state. The Commissioner for Human Rights examines citizens' complaints against officials of State bodies and organizations, takes appropriate measures within the limits of his powers. Based on the analysis of appeals, informs the government about the problems that need to be solved in society.
The institution of the Ombudsman is a necessary form of development and elevation of statehood and democracy.
The Institute of the Commissioner of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman) was established in 1995 as one of the first in the CIS. In particular, he is an official with the authority to exercise effective parliamentary control over the observance by state bodies and organizations, including law enforcement and regulatory ones, of legislation on human rights, freedoms and legitimate interests.
The National Center of the Republic of Uzbekistan for Human Rights, established in 1996, is a state, analytical, advisory, interdepartmental, coordinating body for the implementation of state policy in the field of human rights and freedoms and prepares national reports of Uzbekistan on the observance and protection of human rights and their presentation in international organizations; national action plans in the field of human rights and freedoms. citizens' freedoms.
The Institute of the Business Ombudsman was established in the country in 2017 according to the Presidential Decree "On the establishment of the Institute of the Commissioner under the President of the Republic of Uzbekistan for the protection of the rights and legitimate interests of business entities" dated May 5. In August of the same year, the Law "On the Commissioner under the President of the Republic of Uzbekistan for the Protection of the rights and legitimate interests of business entities" was adopted, regulating its activities, thereby ensuring its full compatibility with the status of human rights institutions enshrined in the Paris Principles.
This position was introduced with the aim of introducing new mechanisms for effective dialogue between business entities and government agencies, creating additional guarantees of state protection of the rights and legitimate interests of business entities. The Business Ombudsman participates in the formation and implementation of state policy in this area, monitors compliance with the rights and legitimate interests of business entities, provides them with legal support during inspections of their activities. The Business Ombudsman performs his powers independently and independently of state bodies and their officials.
The State, having proclaimed freedom of entrepreneurial activity in article 67 of the Constitution of the Republic of Uzbekistan in a new edition, provides the necessary mechanism for protecting this right, and also improves it in accordance with current priority goals and objectives.
As of June 1, 2023, the total number of registered enterprises and organizations amounted to 661,366 (excluding farms and dehkan farms), which increased by 70,816 compared to the corresponding period last year. The growth rate was 112 percent. Their effective activity is served by a number of recently adopted Decrees and resolutions of the head of state aimed at ensuring greater freedom for entrepreneurs, providing them with benefits and preferences, preventing illegal interference in their work.
The Business Ombudsman is an official appointed and dismissed by the President of the Republic of Uzbekistan, ensuring the protection of the rights and legitimate interests of business entities, the observance of these rights and legitimate interests by state bodies, including law enforcement and regulatory.
In world practice, the Institute of the Business Ombudsman is a kind of bridge between the state and entrepreneurs. These institutions have been established and operate in more than 50 States. For example, in France, he is accountable to the Ministry of Economy and Finance. In Sweden - supervises the implementation of laws and other regulatory legal acts, is elected by Parliament for a term of four years. In Georgia, the Business Ombudsman is appointed by the Prime Minister in consultation with the Parliament.
In the USA, the Institute of the Business Ombudsman is part of the Small Business Administration. A distinctive feature of this institute is that it deals exclusively with small business affairs. Another feature of it is the presence of a regional network of offices and representative offices.
In Australia, there is an institute of small business Commissioners at the federal and at the level of four states (Victoria, Western Australia, New South Wales, South Australia). The purpose of their activities is to create a favorable environment for the development of small businesses.
In Russia, a business ombudsman can be a citizen of Russia at least 30 years old, who has a higher education, who is prohibited from being a member of the Federation Council, a deputy and engaging in entrepreneurship.
On March 15, 2019, the President of the Republic of Uzbekistan signed a decree "On measures to radically improve the system of business protection and optimize the activities of the Prosecutor's Office". The document improves the mechanisms for ensuring the observance of legality in the activities of entrepreneurs and the protection of the rights and interests of business entities.
In particular, the tasks of coordinating inspections of the activities of business entities and control over the legality of their conduct by regulatory authorities have been transferred to the Commissioner under the President of the Republic of Uzbekistan for the Protection of the Rights and Legitimate Interests of Business Entities (Business Ombudsman), and the implementation of public control over the legality of inspections in the activities of business entities is entrusted to the Chamber of Commerce and Industry.
Moreover, the powers of the Business Ombudsman have been expanded and additional mechanisms for their implementation have been provided: now the decisions of the Business Ombudsman regarding inspections of the activities of business entities are mandatory for the regulatory authorities. This, in turn, will ensure uniform application of legislation in this area.
In order to ensure the effective implementation of the tasks and functions of the Business Ombudsman, according to the Decree, regional employees of his office appeared. These measures were a new approach in ensuring the fulfillment of the assigned tasks and functions of the Business Ombudsman in the regions of the republic.
The expansion of the powers of the Business Ombudsman testifies to the special attention of the state paid to ensuring the legitimate rights and interests of business entities, and also demonstrates the transition to a qualitatively new level of state policy in this area.
In addition, the Presidential Commissioner for the Protection of the Rights and Legitimate Interests of Business Entities received the right not only to consider cases of individual administrative offenses affecting the rights of business entities, but also to apply fines on them in accordance with the Code of the Republic of Uzbekistan on Administrative Responsibility.
On July 27, 2022, President of Uzbekistan Shavkat Mirziyoyev signed a decree "On measures to introduce an effective system of dialogue with business entities and further strengthen their legal protection", according to which a single interactive portal business.gov.uz transformed into the information portal "Virtual office of the entrepreneur".
The portal deals with the appeals of entrepreneurs and allows you to receive, solve and control processes around the clock through digital technologies. Thanks to this platform and by conducting thematic online discussions and questionnaires between government agencies and organizations, as well as business entities, it is possible to formulate proposals to identify systemic problems that hinder entrepreneurial activity and eliminate them, receive collective appeals, and obtain licensing and permitting documents. There is a connection to information systems (allowing you to receive loans, subsidies, compensation and guarantees) of tax and customs administration.
Appeals received on the portal are automatically sent to the relevant authorities or by the Business Ombudsman himself. The competent authorities consider applications in accordance with the procedure and deadlines established by law, and enter information about the results on the portal.
The Business Ombudsman establishes digital control over the procedure and timing of consideration of appeals received on the portal, and applies appropriate legal measures in cases of violation of the law.
Procedural laws regulate the procedural rights of the Business Ombudsman to file lawsuits in the interests of business entities and appeal against court decisions that have entered into force at any stage of the trial.
The Business Ombudsman of Uzbekistan can protect the interests of entrepreneurs in economic, administrative and civil courts. Moreover, his inviolability is regulated by the criminal procedure legislation.