{"id":12180,"date":"2024-06-10T12:14:32","date_gmt":"2024-06-10T07:14:32","guid":{"rendered":"https:\/\/invest-in-uzbekistan.org\/?p=12180"},"modified":"2024-07-04T12:03:50","modified_gmt":"2024-07-04T07:03:50","slug":"o-konflikte-interesov-zakon-respubliki-uzbekistan-dd-5-iyunya-2024-goda-zru-9z1","status":"publish","type":"post","link":"https:\/\/invest-in-uzbekistan.org\/en\/zakonodatelstvo\/o-konflikte-interesov-zakon-respubliki-uzbekistan-dd-5-iyunya-2024-goda-zru-9z1\/","title":{"rendered":"ABOUT CONFLICT OF INTEREST LAW OF THE REPUBLIC OF UZBEKISTAN DD JUNE 5, 2024 \u2116. LRU-931"},"content":{"rendered":"

LAW <\/span><\/strong><\/p>\n

OF THE REPUBLIC OF UZBEKISTAN<\/span><\/strong><\/p>\n

JUNE<\/span> 5, 2024<\/span><\/strong><\/p>\n

\u2116<\/span>. L<\/span>RU-931<\/span><\/strong><\/p>\n

.<\/span><\/span><\/p>\n

ABOUT CONFLICT OF INTEREST<\/span><\/strong><\/p>\n

.<\/span><\/span><\/p>\n

Adopted by the Legislative Chamber on October 25, 2022<\/span><\/strong><\/p>\n

Approved by the Senate June 1, 2023<\/span><\/strong><\/p>\n

Effective date<\/span> 06.12.2024<\/span><\/strong><\/p>\n

.<\/span><\/span><\/p>\n

CHAPTER 1. GENERAL PROVISIONS<\/span><\/strong><\/p>\n

Article 1. Purpose and scope of this Law<\/span><\/p>\n

The purpose of this Law is to regulate relations related to conflicts of interest.<\/span><\/p>\n

This Law applies to state bodies and local government bodies, state institutions, state unitary enterprises, state trust funds, as well as joint-stock companies with the state share in their authorized capital (authorized capital) in the amount of 50 percent or more (hereinafter – government agencies or other organizations).<\/span><\/p>\n

The effect of this Law in relation to:<\/span><\/p>\n

legal<\/span> entities with a total share of state bodies or other organizations in their authorized capital (authorized capital) in the amount of 50 percent or more;<\/span><\/p>\n

legal entities with a total share of organizations specified in paragraph two of part three of this article in their authorized capital (authorized capital) in the amount of 50 percent or more, applies only to relations carried out by them in the field of public procurement.<\/span><\/p>\n

Article 2. Legislation on conflict of interest<\/span><\/p>\n

Legislation on conflicts of interest consists of this Law and other acts of legislation.<\/span><\/p>\n

Laws regulating the conduct of pre-trial proceedings in criminal cases, as well as relations arising during the conduct of judicial proceedings, may establish other rules for resolving relations related to conflicts of interest.<\/span><\/p>\n

If an international treaty of the Republic of Uzbekistan establishes rules other than those provided for by the legislation of the Republic of Uzbekistan on conflicts of interest, then the rules of the international treaty apply.<\/span><\/p>\n

Article 3. Basic concepts<\/span><\/p>\n

The following basic concepts apply in this Law:<\/span><\/p>\n

employee of a government body or other organization<\/span><\/strong> – an employee of management personnel carrying out labor (official) activities in government bodies or other organizations on the basis of an employment agreement (contract) or in elected or appointed positions;<\/span><\/p>\n

conflict of interest<\/span><\/strong> – a situation in which the personal interest (direct or indirect) of a person influences or may influence the proper performance of his official duties and in which a contradiction arises (real conflict of interest) or may arise (potential conflict of interest) between personal interest and rights, legitimate interests of citizens, organizations, society or the state;<\/span><\/p>\n

special<\/span> unit for resolving conflicts of interest (hereinafter referred to as the special unit)<\/span><\/strong> – internal anti-corruption control units and (or) personnel units of government bodies or other organizations;<\/span><\/p>\n

personal interest –<\/span><\/strong> any benefit or advantage that an employee of a government body or other organization or persons associated with him may receive as a result of his direct or indirect decision-making or his other participation in this process;<\/span><\/p>\n

close<\/span> relatives<\/span><\/strong> – parents, brothers, sisters, sons, daughters, spouses, as well as parents, brothers, sisters and children of spouses.<\/span><\/p>\n

Article 4. Basic principles for regulating relations related to conflicts of interest<\/span><\/p>\n

The basic principles for regulating relations related to conflicts of interest are:<\/span><\/p>\n

legality<\/span>;<\/span><\/p>\n

priority<\/span> of legitimate interests of citizens, organizations, society and the state;<\/span><\/p>\n

openness<\/span> and transparency;<\/span><\/p>\n

objectivity<\/span>;<\/span><\/p>\n

intolerance<\/span> to corruption.<\/span><\/p>\n

Article 5. Associated persons of an employee of a state body or other organization<\/span><\/p>\n

The following persons <\/span>are recognized<\/span> as related persons of an employee of a government body or other organization:<\/span><\/p>\n

close<\/span> relatives of an employee of a government agency or other organization;<\/span><\/p>\n

a<\/span> legal entity whose shares or shares of the authorized fund (authorized capital) are owned by an employee of a government body or other organization and (or) his close relatives;<\/span><\/p>\n

a<\/span> legal entity in which an employee of a government body or other organization or his close relatives are managers or members of the management body.<\/span><\/p>\n

Article 6. Rights and obligations of an employee of a government body or other organization when regulating relations related to conflicts of interest<\/span><\/p>\n

An employee of a government body or other organization, when regulating relations related to a conflict of interest, has the right:<\/span><\/p>\n

seek<\/span> advice from a special unit;<\/span><\/p>\n

provide<\/span> additional information beyond what is required to be provided in the declaration of potential conflicts of interest, whether electronically or in writing.<\/span><\/p>\n

An employee of a government body or other organization is obliged to:<\/span><\/p>\n

conscientiously<\/span> perform his official duties or official powers and refrain from any actions related to his personal interests that affect or may affect their performance;<\/span><\/p>\n

not<\/span> allow personal interests that lead or may lead to a conflict of interest when performing official duties or official powers;<\/span><\/p>\n

in<\/span> the event of a real conflict of interest, notify your immediate supervisor (head of the organization – superior manager) or a special unit before making a decision on the documents in his records;<\/span><\/p>\n

not<\/span> to force employees or other employees under his direct subordination to actions (inactions) directly or indirectly pursuing his personal interests;<\/span><\/p>\n

to report within one working day about the case of receiving offers for employment from an organization or its structural unit that is under the control of a state body or other organization where he himself carries out labor (official) activities;<\/span><\/p>\n

report<\/span> cases of conflict of interest in relation to other employees known to him;<\/span><\/p>\n

provide<\/span> information upon request of a special unit in order to resolve potential conflicts of interest.<\/span><\/p>\n

An employee of a government body or other organization may have other rights and bear other responsibilities in accordance with the law.<\/span><\/p>\n

Article 7. Rights and obligations of related persons of an employee of a state body or other organization when regulating relations related to conflicts of interest<\/span><\/p>\n

Associated persons of an employee of a state body or other organization, when entering into relations with a state body or other organization in which this employee carries out labor (official) activities, have the right:<\/span><\/p>\n

receive<\/span> free advice from a special unit to prevent conflicts of interest;<\/span><\/p>\n

appeal<\/span> against actions (inaction) or decisions of a government body or other organization to resolve a conflict of interest.<\/span><\/p>\n

Associated persons of an employee of a state body or other organization, when entering into relations with a state body or other organization in which this employee carries out labor (official) activities, are obliged to:<\/span><\/p>\n

avoid<\/span> conflicts of interest in personal interests;<\/span><\/p>\n

fill<\/span> out a declaration of potential conflict of interest in electronic or written form, and do not include knowingly false or unreliable information.<\/span><\/p>\n

Submission of knowingly false or unreliable information by related persons to an employee of a government agency or other organization in a declaration of a potential conflict of interest may entail legal consequences established by this Law.<\/span><\/p>\n

Article 8. Restrictions on preventing conflicts of interest in the activities of an employee of a government body or other organization<\/span><\/p>\n

In order to prevent conflicts of interest, an employee of a government body or other organization does not have the right to:<\/span><\/p>\n

obtain<\/span> personal benefit through abuse of official position;<\/span><\/p>\n

hide<\/span> information or provide knowingly false or unreliable information when disclosing information about a conflict of interest;<\/span><\/p>\n

work<\/span> part-time in organizations, one of which is subordinated or controlled by another, except for cases provided for by law;<\/span><\/p>\n

be<\/span> a founder (shareholder, participant) of commercial organizations, with the exception of cases of ownership of up to ten percent of freely traded shares of joint-stock companies;<\/span><\/p>\n

own shares or shares in the authorized capital (authorized capital) of a business entity under the control of a state body or other organization where he carries out labor (official) activities, as well as be a member of the management body of these business entities, except for the cases provided for in laws of the Republic of Uzbekistan and decisions of the President of the Republic of Uzbekistan or when this is his official duties in accordance with the law.<\/span> At the same time, in cases where a position of an employee of a government body or another organization is occupied by a person who owns shares or interests in the authorized capital (authorized capital) of controlled business entities or is a member of the management bodies of these business entities, this person must sell these shares within one month or shares, withdraw from membership of management bodies in the manner prescribed by law;<\/span><\/p>\n

participate as a representative in the consideration of cases concerning him or persons associated with him in government bodies or other organizations where he himself carries out labor (official) activities, if in accordance with the law he is not a legal representative;<\/span><\/p>\n

participate<\/span> in the purchase or lease of property of the organization where he himself carries out labor (official) activities.<\/span><\/p>\n

An employee of a government agency or other organization, with whom the employment contract was terminated or dismissed from service, is hired within two years by organizations or their structural divisions over which he directly or indirectly exercised control at the last place of work, based on the conclusion of the official, performing the functions of the anti-corruption control unit of the organization, where he himself carried out labor (official) activities.<\/span><\/p>\n

The restriction specified in paragraph five of part one of this article applies only to employees of state bodies, local government bodies, state trust funds, heads of state institutions and state unitary enterprises, joint-stock companies with a state share in their authorized capital (authorized capital) in amounting to 50 percent or more.<\/span><\/p>\n

The restriction <\/span>specified in paragraph eight of part one of this article also applies to associated persons of an employee of a government body or other organization<\/span>.<\/span><\/p>\n

For the purposes of this Law, the word \u201ccontrol\u201d in this article recognizes the right of an employee of a government body or other organization to check the activities of the relevant organization personally or through a person subordinate to him, or to apply in relation to it any benefits (preferences) established by law, or to attract her to any liability (initiate prosecution), or issue her licenses and other permitting documents (accept notifications).<\/span><\/p>\n

Taking into account the specifics of the official duties or official powers of an employee of government bodies or other organizations, other restrictions established by law <\/span>may be applied<\/span> to him.<\/span><\/p>\n

CHAPTER 2. STATE REGULATION OF RELATIONS RELATED TO CONFLICTS OF INTEREST<\/span><\/strong><\/p>\n

Article 9. Powers of the Anti-Corruption Agency of the Republic of Uzbekistan in the field of regulating relations related to conflicts of interest<\/span><\/p>\n

The Anti-Corruption Agency of the Republic of Uzbekistan is a specially authorized state body in the field of regulating relations related to conflicts of interest (hereinafter referred to as the specially authorized state body).<\/span><\/p>\n

Specially authorized state body:<\/span><\/p>\n

requests<\/span> and studies information and materials related to conflicts of interest from government agencies or other organizations;<\/span><\/p>\n

coordinates<\/span> the activities of government bodies or other organizations in the field of resolving relations related to conflicts of interest;<\/span><\/p>\n

studies the activities of government bodies or other organizations in the sphere of resolving relations related to conflicts of interest, including on the basis of requests from individuals and legal entities;<\/span><\/p>\n

when circumstances related to a conflict of interest are identified, submits a proposal to government bodies or other organizations to terminate the transaction, change or cancel a decision or other document, or submit a claim to the court to declare them invalid;<\/span><\/p>\n

approves<\/span> standard forms of the Conflict of Interest Register, notification of actual conflict of interest and declaration of potential conflict of interest;<\/span><\/p>\n

announces<\/span> methodological recommendations for resolving conflicts of interest for government bodies or other organizations;<\/span><\/p>\n

exercises control over the achievement of full compensation for damage to the interests of citizens, organizations, society or the state caused as a result of a conflict of interests;<\/span><\/p>\n

organizes<\/span> systematic advanced training for employees of special units, training aimed at developing relevant skills in them;<\/span><\/p>\n

in<\/span> accordance with the legislation on administrative liability, draws up a protocol on an administrative offense related to non-compliance with the requirements of the law on conflict of interest and sends it for consideration to the court.<\/span><\/p>\n

A specially authorized state body may exercise other powers in accordance with the law.<\/span><\/p>\n

Article 10. Powers of state bodies or other organizations in the field of regulation of relations related to conflicts of interest<\/span><\/p>\n

Government bodies or other organizations in the field of regulation of relations related to conflicts of interest:<\/span><\/p>\n

organize<\/span> a system for informing employees about real conflicts of interest;<\/span><\/p>\n

post<\/span> the prescribed form of declaration of potential conflict of interest and notice of actual conflict of interest on their official websites;<\/span><\/p>\n

change<\/span> or cancel, in accordance with the established procedure, decisions made with the assumption of a conflict of interest;<\/span><\/p>\n

change<\/span> or cancel transactions made with the assumption of a conflict of interest, or, in accordance with the established procedure, apply to the court with claims to declare such transactions invalid;<\/span><\/p>\n

organize<\/span> activities to resolve relations related to conflicts of interest, ethics commissions and special units;<\/span><\/p>\n

determine<\/span> the internal procedure for preventing conflicts of interest in government bodies or other organizations;<\/span><\/p>\n

ensure<\/span> the objectivity of organizing an internal audit of identified conflicts of interest and consideration of its results by ethics commissions;<\/span><\/p>\n

take<\/span> measures to encourage employees who set an example in preventing conflicts of interest;<\/span><\/p>\n

take<\/span> measures to ensure compensation for damage caused to citizens, organizations, society or the state as a result of a conflict of interest, as well as to restore public confidence in the relevant government body or other organization.<\/span><\/p>\n

State bodies or other organizations may exercise other powers in accordance with the law.<\/span><\/p>\n

Article 11. Powers of the ethics commission of government bodies or other organizations in the sphere of regulating relations related to conflicts of interest<\/span><\/p>\n

Monitoring compliance with the requirements of this Law by an employee of a state body or other organization is carried out by an ethics commission created in this<\/span> state body or other organization.<\/span><\/p>\n

Ethics Commission:<\/span><\/p>\n

takes<\/span> measures to ensure compliance by an employee of a state body or other organization with the requirements established by this Law;<\/span><\/p>\n

considers<\/span> questions about the sufficiency (correctness) of measures taken to resolve conflicts of interest;<\/span><\/p>\n

exercises<\/span> collegial control over cases related to real conflicts of interest;<\/span><\/p>\n

based<\/span> on the results of an internal inspection, issues a conclusion on the presence (absence) of violations of the requirements established by this Law by employees of a government agency or other organization;<\/span><\/p>\n

makes<\/span> a proposal to the head of a government agency or other organization to hold accountable an employee who did not disclose a conflict of interest, provided knowingly false or unreliable information, or hid such information.<\/span><\/p>\n

The Ethics Commission may exercise other powers in accordance with the law.<\/span><\/p>\n

Article 12. Powers of a special unit in the field of regulation of relations related to conflicts of interest<\/span><\/p>\n

Special unit:<\/span><\/p>\n

summarizes<\/span> information about identified cases of conflict of interest by an employee of a government agency or other organization;<\/span><\/p>\n

conducts<\/span> an internal audit of an employee of a government agency or other organization who has violated the requirements of this Law;<\/span><\/p>\n

carries<\/span> out explanatory work to prevent conflicts of interest among employees of a government agency or other organization in accordance with the law;<\/span><\/p>\n

reviews<\/span> declarations of potential conflicts of interest, as well as notifications of actual conflicts of interest, based on the results of which makes proposals to the ethics commission;<\/span><\/p>\n

gives<\/span> an opinion on the presence or absence of a conflict of interest in connection with reports of a conflict of interest by an employee of a government agency or other organization;<\/span><\/p>\n

analyzes<\/span> cases of conflict of interest identified in government bodies or other organizations and develops proposals for their resolution;<\/span><\/p>\n

prepares<\/span> and ensures the posting of annual reports on the status of compliance with the requirements of this Law in government agencies or other organizations on its official website.<\/span><\/p>\n

The special unit may exercise other powers in accordance with the law.<\/span><\/p>\n

CHAPTER 3. MEASURES FOR DISCLOSING INFORMATION ABOUT CONFLICTS OF INTEREST AND IDENTIFYING CONFLICTS OF INTEREST<\/span><\/strong><\/p>\n

Article 13. Disclosure of information about conflicts of interest<\/span><\/p>\n

Disclosure of information about a conflict of interest is carried out by an employee of a government agency or other organization submitting a notice of an actual conflict of interest and a declaration of a potential<\/span> conflict of interest.<\/span><\/p>\n

Disclosure of information about a conflict of interest by related persons of an employee of a government agency or other organization <\/span>is carried out<\/span> by submitting a declaration of potential conflict of interest.<\/span><\/p>\n

Article 14. Notification of actual conflict of interest<\/span><\/p>\n

The notification of a real conflict of interest must contain the following information:<\/span><\/p>\n

last<\/span> name, first name, patronymic and position of the employee of the government agency or other organization reporting a real conflict of interest, as well as the personal identification number of the individual;<\/span><\/p>\n

surname, first name, patronymic of a close relative of an employee of a government agency or other organization with whom a conflict of interest arises, personal identification number of an individual (if any) or the name of a related person of an employee of a government agency or other organization and his taxpayer identification number;<\/span><\/p>\n

information<\/span> about real conflicts of interest.<\/span><\/p>\n

A notification of a real conflict of interest must contain an indication of the measures taken to resolve the conflict of interest, certified by a handwritten signature or electronic digital signature of an employee of a government body or other organization and (or) his immediate supervisor (in some cases, his deputy).<\/span><\/p>\n

Article 15. Procedure for submitting notification of a real conflict of interest<\/span><\/p>\n

An employee of a government body or other organization is required to fill out and submit a notification of a real conflict of interest in the prescribed form to his immediate supervisor (the head of the organization – a senior manager) or a special unit within one working day from the moment he became aware of a real conflict of interest in the following cases , If:<\/span><\/p>\n

close<\/span> relatives with direct subordination were hired (except for cases of hiring for a position included in the political group of positions in the state civil service) or related persons were involved in his work on the basis of a civil law contract;<\/span><\/p>\n

he<\/span> participates in decision-making on issues relating to persons associated with him;<\/span><\/p>\n

a<\/span> close relative works as a responsible official in the direction of the inspection in the inspected object (legal entity) or this object (legal entity) of the inspection is a related person;<\/span><\/p>\n

he<\/span> became aware of any other actual conflicts of interest.<\/span><\/p>\n

Article 16. Procedure for considering notification of a real conflict of interest<\/span><\/p>\n

A senior employee of a government agency or other organization and the head of a special unit <\/span>are considered<\/span> responsible for resolving conflicts of interest.<\/span><\/p>\n

The head of a structural unit of state bodies or other organizations is obliged to provide the special unit with information on measures taken within the framework of his authority to resolve a real conflict of interest within one working day.<\/span><\/p>\n

Within three days, the special unit submits information to the ethics commission to consider the sufficiency (correctness) of the measures taken.<\/span><\/p>\n

Article 17. Declaration of potential conflict of interest<\/span><\/p>\n

The declaration of potential conflict of interest must contain the following information:<\/span><\/p>\n

the<\/span> position of an employee of a government body or other organization and his last name, first name, patronymic, as well as his personal identification number of an individual;<\/span><\/p>\n

last name, first name and patronymic of close relatives of an employee of a government agency or other organization, their personal identification number of an individual (if any), as well as place of work and position;<\/span><\/p>\n

the<\/span> official name of the joint stock company, the shareholder of which is an employee of a government agency or other organization, or his close relatives and his taxpayer identification number;<\/span><\/p>\n

the<\/span> official name of the legal entity, the founder (participant), member of the governing body of which are close relatives of an employee of a government body or other organization, as well as his taxpayer identification number.<\/span><\/p>\n

The declaration of a potential conflict of interest must be certified by a handwritten signature or electronic digital signature completed by an employee of a government agency or other organization.<\/span><\/p>\n

Article 18. Procedure for submitting a declaration of potential conflict of interest<\/span><\/p>\n

An employee of a government agency or other organization, when changing personal data, must fill out and submit a declaration of potential conflict of interest to a special unit annually no later than January 15.<\/span><\/p>\n

A candidate for an employee of a government agency or other organization upon hiring, as well as an employee transferred to another job, must fill out and submit a declaration of potential conflict of interest in the established form.<\/span><\/p>\n

Special unit:<\/span><\/p>\n

summarizes<\/span> and reviews the annual declaration of potential conflicts of interest annually by February 15;<\/span><\/p>\n

makes<\/span> a proposal to the ethics commission annually before March 1 to ensure the sufficiency (correctness) of measures to resolve potential conflicts of interest;<\/span><\/p>\n

makes<\/span> a proposal to the immediate supervisor of an employee of a government agency or other organization or to a senior manager of a government agency or other organization to take measures to resolve a potential conflict of interest based on the conclusion adopted by the ethics commission.<\/span><\/p>\n

After a candidate for an employee of a state body or other organization upon hiring, or an employee of a state body or other organization upon transfer to another job, submits a declaration of a potential conflict of interest, a special unit carries out the work provided for in part three of this article within five days.<\/span><\/p>\n

Article 19. Declaration of potential conflict of interest submitted by related parties of an employee of a government agency or other organization<\/span><\/p>\n

A declaration of potential conflict of interest submitted by related parties of an employee of a government agency or other organization must contain the following information:<\/span><\/p>\n

last name, first name, patronymic, personal identification number of an individual or name and taxpayer identification number of a legal entity that is related to an employee of a government agency or other organization;<\/span><\/p>\n

last<\/span> name, first name and patronymic, position of an employee of a government agency or other organization;<\/span><\/p>\n

information<\/span> about relationship with an employee of a government agency or other organization;<\/span><\/p>\n

information<\/span> about the connection of a legal entity with an employee of a government body or other organization.<\/span><\/p>\n

The declaration of a potential conflict of interest <\/span>must be certified<\/span> by a handwritten signature or electronic digital signature of the person completing it, the individual or the representative of the legal entity (trustee).<\/span><\/p>\n

Article 20. Identification of conflicts of interest<\/span><\/p>\n

Identification of conflicts of interest <\/span>is carried out<\/span> by studying information obtained from the following sources:<\/span><\/p>\n

declaration<\/span> of potential conflict of interest provided for in Article 17 of this Law;<\/span><\/p>\n

proposals<\/span> received in the process of public procurement, minutes of meetings of the procurement commission, concluded contracts;<\/span><\/p>\n

requests or messages from individuals and legal entities about a real conflict of interest or potential conflict of interest in the activities of an employee of a government agency or other organization;<\/span><\/p>\n

lists<\/span> of affiliates and ultimate beneficiaries (beneficiaries) of commercial organizations;<\/span><\/p>\n

module<\/span> for registration of business entities of the Unified portal of interactive public services of the Republic of Uzbekistan;<\/span><\/p>\n

information<\/span> system \u201cUnified Electronic Archive of the Civil Registry Office\u201d;<\/span><\/p>\n

interdepartmental<\/span> hardware and software complex \u201cUnified National Labor System\u201d;<\/span><\/p>\n

Central Securities Depository;<\/span><\/p>\n

submission<\/span> made based on the results of a study conducted by a specially authorized government body.<\/span><\/p>\n

Obtaining information from the sources specified in paragraphs five to nine of part one of this article <\/span>is carried out<\/span> at the request of the head of the special unit.<\/span><\/p>\n

Circumstances of real conflicts of interest or potential conflicts of interest of an employee of a government agency or other organization, posted in the media, including on the Internet, <\/span>are established<\/span> by collecting and studying information about them.<\/span><\/p>\n

The study of the information provided for in part <\/span>one of this article is carried out by a special unit<\/span>.<\/span><\/p>\n

CHAPTER 4. REVIEW AND VERIFICATION OF MEASURES TAKEN TO RESOLVE CONFLICTS OF INTEREST<\/span><\/strong><\/p>\n

Article 21. Measures taken in relation to cases of conflict of interest<\/span><\/p>\n

To resolve cases of conflict of interest, taking into account its specific features, one of the following measures <\/span>should be taken<\/span>:<\/span><\/p>\n

transfer<\/span> of an employee of a government body or other organization directly subordinate to the manager in relation to whom a conflict of interest has arisen to another manager with whom a conflict of interest will not arise;<\/span><\/p>\n

voluntary<\/span> recusal or forced removal of an employee of a government body or other organization from a collegial body where a conflict of interest may arise;<\/span><\/p>\n

review<\/span> of the terms of reference or official powers of an employee of a government agency or other organization;<\/span><\/p>\n

establishing<\/span> restrictions on the use by an employee of a government agency or other organization of information and documents of a government agency or other organization that may lead to a conflict of interest;<\/span><\/p>\n

ensuring<\/span> collegial control over the exercise by an employee of a state body or other organization of the powers to make decisions on an individual basis in accordance with the law;<\/span><\/p>\n

submitting<\/span> proposals to an employee of a government body or other organization to eliminate his personal interest in accordance with the law;<\/span><\/p>\n

refusal by the employee of personal interest that contradicts the interests of the government body or other organization in which he carries out labor (official) activities;<\/span><\/p>\n

if<\/span> it is impossible to take measures to eliminate the personal interest of an employee of a government body or other organization, transfer him to another position equivalent to the previous one, or terminate the employment agreement (contract) on a general basis with his consent.<\/span><\/p>\n

Measures to resolve conflicts of interest <\/span>must be taken<\/span> with the consent of an employee of a government agency or other organization.<\/span><\/p>\n

When taking measures to resolve conflicts of interest, government agencies or other organizations <\/span>are not allowed<\/span> to give preference or priority to any individuals, groups or organizations, or to discriminate against employees of government agencies or other organizations, as well as citizens.<\/span><\/p>\n

State bodies or other organizations <\/span>may, by mutual agreement with their employees, take<\/span> other measures to resolve conflicts of interest that are not prohibited by law.<\/span><\/p>\n

Article 22. Ensuring the confidentiality of documents related to conflicts of interest<\/span><\/p>\n

It <\/span>is not permitted<\/span> to disclose personal data of persons who are entrusted to employees involved in the settlement and identification of conflicts of interest, or who become known to them in connection with the performance of professional, official or labor duties.<\/span><\/p>\n

The protection of personal data when resolving conflicts of interest in the activities of an employee of a government agency or other organization <\/span>is carried out<\/span> in accordance with the legislation on personal data.<\/span><\/p>\n

Article 23. Consideration of applications and communications from individuals and legal entities regarding cases of conflict of interest<\/span><\/p>\n

Every appeal or message received by government agencies and other organizations from individuals and legal entities about a real or potential conflict of interest for an employee <\/span>is considered and verified in the manner and within the time limits established by law<\/span>.<\/span><\/p>\n

Information about cases related to a conflict of interest identified during the audit <\/span>is considered<\/span> by the ethics commission within ten working days after its submission by a special unit.<\/span><\/p>\n

The Ethics Commission makes a proposal to the head of a government agency or other organization to take measures to eliminate a conflict of interest or to hold the employee accountable.<\/span><\/p>\n

Article 24. Keeping records of information about conflicts of interest<\/span><\/p>\n

Government bodies or other organizations maintain a Conflict of Interest Register.<\/span><\/p>\n

Real or potential conflicts of interest are included in the Conflict of Interest Register on the following grounds when:<\/span><\/p>\n

identifying<\/span> a real conflict of interest based on the declaration submitted by the candidate when applying for a job in government agencies or other organizations;<\/span><\/p>\n

notification<\/span> by an employee of a government agency or other organization of information about his real conflict of interest in the event of transfer to another job;<\/span><\/p>\n

identifying<\/span> a real conflict of interest based on the annual declaration of potential conflict of interest submitted by an employee of a government agency or other organization;<\/span><\/p>\n

submitting<\/span> a notice of actual conflict of interest;<\/span><\/p>\n

submitting<\/span> a declaration of potential conflict of interest;<\/span><\/p>\n

identifying<\/span> a conflict of interest among an employee of a government agency or other organization through official electronic databases;<\/span><\/p>\n

confirmation<\/span> of the presence of a conflict of interest among an employee of a government agency or other organization based on a received appeal or message;<\/span><\/p>\n

identification<\/span> of a conflict of interest among an employee of a government agency or other organization as a result of official and other types of inspections conducted in accordance with the procedure established by law.<\/span><\/p>\n

In addition to the grounds specified in part two of this article, the following information is included in the Conflict of Interest Register:<\/span><\/p>\n

information<\/span> about measures taken to resolve real or potential conflicts of interest;<\/span><\/p>\n

information<\/span> about the measures taken against an employee of a government agency or other organization who provided knowingly false or unreliable information or who concealed such information when disclosing a conflict of interest.<\/span><\/p>\n

A special unit is responsible for timely and complete recording of identified cases of conflict of interest.<\/span><\/p>\n

Article 25. Review of measures taken to resolve cases of conflict of interest<\/span><\/p>\n

Every six months, the Ethics Commission of government bodies or other organizations makes an opinion on real or potential conflicts of interest and considers the sufficiency (correctness) of measures taken to resolve them.<\/span><\/p>\n

The Ethics Commission of government agencies or other organizations, together with a special unit, analyzes identified cases of conflict of interest and carries out explanatory work among employees of the government agency or other organization.<\/span><\/p>\n

CHAPTER 5. FINAL PROVISIONS<\/span><\/strong><\/p>\n

Article 26. Making decisions or concluding transactions involving a conflict of interest<\/span><\/p>\n

Decisions made or transactions concluded with the assumption of a conflict of interest <\/span>are declared<\/span> invalid in court.<\/span><\/p>\n

If a decision made or a transaction concluded with a conflict of interest is declared invalid, the profit received <\/span>as a result<\/span> of making this decision or concluding a transaction is turned into state income in court without a requirement to return everything received under the transaction. In this case, the costs associated with the execution of such a transaction declared invalid <\/span>are reimbursed<\/span> at the expense of the person who committed the conflict of interest.<\/span><\/p>\n

As a result<\/span> of recognizing a decision made or a transaction concluded with a conflict of interest as invalid, damage caused to individuals or legal entities, including government agencies or other organizations, may be recovered from the guilty employees of the government agency or other organization in a recourse manner.<\/span><\/p>\n

Article 27. Appeal of decisions of state bodies or other organizations taken to resolve conflicts of interest<\/span><\/p>\n

An employee of a state body or other organization has the right to appeal to a higher organization in the order of subordination, a specially authorized state body or a court, decisions to resolve conflicts of interest made by state bodies or other organizations.<\/span><\/p>\n

Article 28. Dispute resolution<\/span><\/p>\n

Disputes arising in the sphere of regulation of relations related to conflicts of interest in the activities of government bodies or other organizations are resolved in the manner prescribed by law.<\/span><\/p>\n

Article 29. Responsibility for violation of legislation on conflict of interest<\/span><\/p>\n

Persons guilty of violating the law on conflict of interest <\/span>are held<\/span> accountable in accordance with the established procedure.<\/span><\/p>\n

Article 30. Introduction of amendments and additions to some legislative acts of the Republic of Uzbekistan<\/span><\/p>\n

1. Introduce into the Code of the Republic of Uzbekistan on administrative responsibility, approved by the Law of the Republic of Uzbekistan dated September 22, 1994 No. 2015-XII (Gazette of the Supreme Council of the Republic of Uzbekistan, 1995, No. 3, Art. 6; Gazette of the <\/span>Oliy<\/span> Majlis<\/span> of the Republic of Uzbekistan, 1995 ., no. 193, no. 269; 1996, no. 69, no. 9, 1997, no. 56, no. 5, Art. 126, Art. 241; 1998, Art. 38, Art. 102, Art. 181; , No. 5, Article 124, No. 229; 2000, No. 5-6, No. 7-8, Article 217; No. 9-10, art. 165, 182; 2002, art. 20, no. 165; 9-10, art. 149; 2004, no. 18, no. 5, no. 9, art. 171; Republic of Uzbekistan, 2005, No. 312, No. 12, Art. 413, 417, 418; 2006, No. 261, No. 9, No. 10, Art. 536, No. 12, Art. 656, 659; 2007, No. 4, Art. 158, 159, 164, 165, No. 416, 421, No. 12, Art. 596, 604, 607; 2008, No. 4, art. 181, 189, 192, No. 9, art. 486, 488, No. 12, Art. 640, 641; 2009, No. 1, art. 1, No. 9, Art. 334, 335, 337, No. 10, Art. 380, No. 12, Art. 462, 468, 470, 472, 474; 2010, No. 5, art. 175, 179, No. 6, Art. 231, No. 9, Art. 335, 339, 341, No. 10, art. 380, No. 12, Art. 468, 473, 474; 2011, No. 1, art. 1, No. 4, Art. 104, 105, No. 9, Art. 247, 252, No. 12\/2, art. 365; 2012, No. 4, art. 108, No. 9\/1, art. 242, No. 12, art. 336; 2013, No. 4, art. 98, No. 10, art. 263; 2014, No. 1, art. 2, No. 5, art. 130, No. 9, Art. 244, No. 12, art. 341, 343; 2015, No. 6, Art. 228, No. 8, Art. 310, 312, No. 12, Art. 452; 2016, No. 1, art. 2, No. 4, art. 125, No. 9, Art. 276, No. 12, Art. 383, 385; 2017, No. 4, art. 137, No. 6, Art. 300, No. 9, Art. 510, No. 10, Art. 605; 2018, No. 1, art. 1, 4, 5, No. 4, Art. 224, No. 7, Art. 430, 431, 432, No. 10, art. 671, 673, 679; 2019, No. 1, Art. 1, 3, 5, No. 2, art. 47, No. 3, Art. 161, 165, 166, No. 5, art. 259, 261, 267, 268, No. 7, art. 386, No. 8, Art. 469, 471, No. 9, Art. 591, 592, No. 10, Art. 674, 676, No. 11, Art. 787, 791, No. 12, Art. 880, 891; 2020, No. 1, art. 4, No. 3, Art. 203, 204, No. 7, art. 449, No. 9, Art. 539, 540, No. 10, art. 593, 596, No. 11, art. 651, No. 12, Art. 691; 2021, No. 1, art. 5, 7, 12, 13, 14, No. 2, art. 142, No. 3, Art. 217, No. 4, Art. 290, 293, appendix to No. 4, No. 8, Art. 800, 802, 803, No. 9, Art. 903, No. 10, Art. 966, 967, 968, 973, No. 11, Art. 1066; 2022, No. 1, art. 1, 2, No. 2, Art. 80, 81, No. 3, Art. 215, 216, No. 4, Art. 337, No. 5, Art. 464, 465, 466, 467, No. 8, Art. 787), the following changes and additions:<\/span><\/p>\n

1) <\/span>from<\/span> part four of Article 175 8 , delete the words \u201cand conflict of interest\u201d;<\/span><\/p>\n

2) <\/span>add<\/span> Article 193 4 with the following content:<\/span><\/p>\n

\u201cArticle 193 <\/span>4 .<\/span> Failure to comply with the requirements of the law on conflict of interest<\/span><\/p>\n

Failure by an official or employee of a state body or other organization to report the existence of a conflict of interest provided for by the legislation on conflict of interest –<\/span><\/p>\n

entails<\/span> a fine of three to five basic calculated amounts.<\/span><\/p>\n

The same offense committed repeatedly within a year after the application of an administrative penalty –<\/span><\/p>\n

entails<\/span> a fine of five to ten basic calculated amounts.<\/span><\/p>\n

Failure to take measures to resolve a real or potential conflict of interest, which <\/span>became known<\/span> to an official of a state body or other organization, provided for by the legislation on conflict of interest –<\/span><\/p>\n

entails<\/span> a fine of five to ten basic calculated amounts.<\/span><\/p>\n

Committing an offense provided for in part three of this article repeatedly within a year after the application of an administrative penalty –<\/span><\/p>\n

entails<\/span> a fine of ten to fifteen basic calculated amounts.<\/span><\/p>\n

Committing offenses provided for in parts one and three of this article in the field of public procurement –<\/span><\/p>\n

entails<\/span> the imposition of a fine on officials from twenty to thirty basic calculated values\u201d;<\/span><\/p>\n

3) <\/span>part<\/span> one of Article 245 after the number \u201c193 3 \u201d is added with the number \u201c193 4 \u201d;<\/span><\/p>\n

4) <\/span>in<\/span> the first part of Article 245 10, replace the words \u201cin Article 215 7 \u201d with the words \u201cin Articles 193 4 and 215 7 \u201d.<\/span><\/p>\n

2. Introduce into the Civil Code of the Republic of Uzbekistan, approved by the laws of the Republic of Uzbekistan dated December 21, 1995 No. 163-I and dated August 29, 1996 No. 256-I (Gazette of the <\/span>Oliy<\/span> Majlis<\/span> of the Republic of Uzbekistan, 1996, appendix to No. 2, No. 11 -12; 1997, no. 56, no. 241; 1998, no. 102; 1999, no. 20, no. 229; 2001, no. 1-2, no. 9-10, art. 182; 2002, no. 20, no. 165; 8, No. 5, Art. 67; 2004, No. 18, No. 5, No. 9, Art. 171; , Art. 154, No. 9, Art. 494, 498; 2007, Art. 3, 5, No. 4, Art. 156, 164, No. 367, No. 9, art. 416, no. 598, 608; 2008, no. 192, no. 640; No. 9, art. 335, 337, 340; 2011, no. 12\/2, art. 363, 364, 365; 2012, no. 106, 109, no.<\/span> Art. 336; 2013, Art. 263; 2014, Art. <\/span>130<\/span>, Art. 343<\/span>; .<\/span>, No. 4, Art. 125; 2017, No. 4, art. <\/span>137<\/span>, No. 9, Art. <\/span>510<\/span>, No. 12, Art. 773; 2018, No. 1, art. <\/span>4<\/span>, no. 4, art. <\/span>224<\/span>, No. 7, Art. <\/span>433<\/span>, No. 10, art. 673; 2019, No. 3, art. 161, 166, No. 5, art. <\/span>267<\/span>, No. 10, art. <\/span>671<\/span>, No. 12, Art. <\/span>880<\/span>, 886; 2020, No. 1, art. <\/span>3<\/span>, 4, No. 10, Art. 593; 2021, Appendix to No. 4, No. 8, Art. <\/span>801<\/span>, No. 10, Art. 968; 2022, No. 2, art. <\/span>79<\/span>, No. 3, Art. 217, 218, No. 4, art. <\/span>3<\/span>, No. 5, art. <\/span>46<\/span>, No. 6, Art. 570, 577), the following additions:<\/span><\/p>\n

1) Article 114 <\/span>shall be supplemented<\/span> with parts three and four as follows:<\/span><\/p>\n

\u201cIf a transaction concluded with the assumption of a conflict of interest is declared invalid, the profit received as a result of the conclusion of this transaction is turned into state income in court without a requirement for the return of everything received under the transaction. <\/span>Expenses associated with the execution of such a transaction are reimbursed by the person who committed the conflict of interest<\/span>.<\/span><\/p>\n

If a transaction concluded with the assumption of corruption is declared invalid, the damage caused to individuals and legal entities as a result of its conclusion is compensated by the guilty parties in court\u201d;<\/span><\/p>\n

2) Article 116 <\/span>shall be supplemented<\/span> with part two as follows:<\/span><\/p>\n

\u201cA deal concluded with the assumption of corruption, including a conflict of interest, is declared invalid in court.\u201d<\/span><\/p>\n

3. Paragraph four of Article 3 of the Law of the Republic of Uzbekistan dated January 3, 2017 <\/span>No<\/span>. ZRU-419 \u201cOn Combating Corruption\u201d (Gazette of the Chambers of the <\/span>Oliy<\/span> Majlis<\/span> of the Republic of Uzbekistan, 2017, No. 1, Art. 1; 2019, No. 1, Art. 5, No. 5, Art. 267; 2021, appendix to No. 4) as follows:<\/span><\/p>\n

\u201c conflict of interest is a situation in which the personal interest (direct or indirect) of a person affects or may affect the proper performance of his official duties and in which a contradiction between personal interests arises (a real conflict of interest) or may arise (a potential conflict of interest) and rights, legitimate interests of citizens, organizations, society or the state.\u201d<\/span><\/p>\n

Article 31. Ensuring execution, communication, clarification of the essence and meaning of this Law<\/span><\/p>\n

The Anti-Corruption Agency, the Ministry of Justice of the Republic of Uzbekistan and other interested organizations must ensure implementation, communication to the executors and explanation among the population of the essence and significance of this Law.<\/span><\/p>\n

Article 32. Bringing legislation into compliance with this Law<\/span><\/p>\n

To the Cabinet of Ministers of the Republic of Uzbekistan:<\/span><\/p>\n

bring<\/span> government decisions into compliance with this Law;<\/span><\/p>\n

ensure<\/span> the review and repeal by the republican executive authorities of their regulatory legal acts that contradict this Law.<\/span><\/p>\n

Article 33. Entry into force of this Law<\/span><\/p>\n

This Law comes into force six months from the date of its official publication.<\/span><\/p>\n

President of the Republic of Uzbekistan Sh. MIRZIYOEV<\/span><\/p>\n

.<\/span><\/span><\/p>\n

The document presented in an unofficial translation from the database of the law firm \u201cS VERENIN\u2019S LEGAL GROUP\u201d.<\/em><\/span><\/p>\n

The document presented from the database of the law firm \u201cS VERENIN\u2019S LEGAL GROUP\u201d.<\/em><\/span><\/p>\n

The document presented as of _______2024<\/em><\/span>\u0433<\/em><\/span>.<\/em><\/span><\/p>\n

.<\/span><\/span><\/p>\n

.<\/span><\/span><\/p>","protected":false},"excerpt":{"rendered":"

LAW OF THE REPUBLIC OF UZBEKISTAN JUNE 5, 2024 \u2116. LRU-931 . ABOUT CONFLICT OF INTEREST . Adopted by the Legislative Chamber on October 25, 2022 Approved by the Senate…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[15,58],"tags":[],"class_list":["post-12180","post","type-post","status-publish","format-standard","hentry","category-zakonodatelstvo","category-korporativnoe-pravo"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/posts\/12180","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/comments?post=12180"}],"version-history":[{"count":7,"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/posts\/12180\/revisions"}],"predecessor-version":[{"id":12438,"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/posts\/12180\/revisions\/12438"}],"wp:attachment":[{"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/media?parent=12180"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/categories?post=12180"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/tags?post=12180"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}