to the Decree of the President of the Republic of Uzbekistan dated July 6, 2020 No. UP-6019
to the Decree of the President of the Republic of Uzbekistan dated July 6, 2020 No. UP-6019
No. | Name of measures | Implementation mechanism | Implementation time limits | Responsible executors |
I. Development of competition and implementation of transformation of the protection system | ||||
1. | Creation of a progressive model of "smart" antimonopoly regulation, providing for the transition from the system of preventing violations of competition legislation to the system of early warning (prevention) of violations of legislation in the field of protection competition. | 1. Introduction of amendments and additions to the Law "On Competition", providing for: abolishing the maintenance of the register of monopolistic organizations and natural monopoly entities; introduction of the concept of "bargaining power" and the definition of methods for its control; broadening the lower limit of intervention in certain cases to effectively prevent violations of competition legislation. 2. In order to prevent violations of competition legislation, expanding the use of the institution of clarifications with the development of special instructions (guidelines). | October 2020 | Antimonopoly Committee (N. Sharipov) |
2. | Implementation of flexible tools for analyzing commodity, financial and digital markets, including methods based on the principles of behavioral economics. | 1. Introduction of amendments and additions to the Law "On Competition", rejection of the indicator of a certain market share when establishing a monopoly position, with a focus on the facts of abuse of a dominant position in the market. | October | Antimonopoly Committee (N. Sharipov), Ministry of Innovative Development |
2. Development of the Procedure for analyzing the behavior of participants in commodity, financial and digital markets. | October | |||
3. Creation of a laboratory of institutional innovations in competition policy in order to introduce behavioral economics approaches that stimulate full compliance by participants in the product and financial markets with competition legislations, including the concept of “soft nudging”. | April | |||
3. | Analysis of the state of the competitive environment in the economy. | 1. Analysis of the state of competition in the commodity markets and development of a “Roadmap based on the indicator “Effectiveness of commodity markets” of the methodology of the Global Competitiveness Index. | August | Antimonopoly Committee (N. Sharipov), Ministry of Economic Development and Poverty Reduction |
2. Calculation of the commodity market regulation index (PMR) based on the methodology of the Organization for Economic Cooperation and Development. | March | |||
3. Preparation of the annual report on the state of competition. | December | |||
4. | Transition from sectoral governance to “market governance”. | Increasing the responsibility of state bodies for the development of competition by including in the provisions of state bodies functional obligations for the development of competition within the framework of their own tasks in the sectors for which regulation is assigned. | December | Antimonopoly Committee (N. Sharipov) |
5. | Implementation of a risk-oriented approach to violations of the requirements of legislative acts in the implementation of state antimonopoly supervision. | Development of criteria for classifying the activities of legal entities and individual entrepreneurs engaged in economic activities by risk categories in the implementation of state control over compliance with acts of competition legislation. | October | Antimonopoly Committee (N. Sharipov) |
II. Creation of efficiently functioning markets, ensuring transparency and equal conditions of access to them | ||||
6. | Facilitate access to commodity and financial markets for new participants. | Development of programs for the development of competition in the main commodity and financial markets, including: in the pharmaceutical market; in construction and production of building materials; in the banking sector; in telecommunication services (Internet, mobile communications); in the production of petroleum products; in the production of chemical and mineral fertilizers; in the production of food products. | December | Agency for the Development of the (S. Kariev), the Ministry of Construction |
7. | Ensuring competitive conditions in commodity and financial markets. | Development of antimonopoly requirements and rules in the context of industries and sectors of the economy. | January | Antimonopoly Committee (N. Sharipov), Ministry of Economic Development and Poverty Reduction (I. Norkulov), sectoral regulators - ministries and departments |
8. | Improving antimonopoly regulation in the field of public procurement. | 1. Introduction to the Law "On Public Procurement" of requirements on limiting the number of representatives of customers and requirements for the affiliation of participants in order to prevent concerted actions in the process of public procurement. 2. Approval of the procedure for identifying violations of the requirements of competition legislation in the course of tenders. | November | Antimonopoly Committee (N. Sharipov), |
9. | Ensuring competition | Introduction of antimonopoly requirements into the procurement processes of business entities and enterprises of strategic importance. | September 2020 | Antimonopoly Committee (N. Sharipov) |
10. | Improving the exchange trading mechanism and expanding the types of goods for listing on exchange trading. | 1. Approval of the Procedure for monitoring the bidding of highly liquid and monopoly types of goods through digitalization of the process. 2. Approval of the Procedure for Adopting Antimonopoly Measures and Preventing Price Manipulations in Exchange Trading in a Period of High Demand. | February | Antimonopoly Committee (N. Sharipov), |
11. | Ensuring competition in the wholesale and retail trade. | Introduce antimonopoly requirements for retail and wholesale trade into competition legislation. | May | Antimonopoly Committee (N. Sharipov), |
III. Reducing the administrative burden and costs of business entities, the degree of state participation in the economy, streamlining the provision of state aid | ||||
12. | Reducing the negative impact of normative legal acts on competition. | 1. Conducting an antimonopoly "comprehensive audit" of the normative and legal framework - clearing from the norms that contradict competition at least 3 thousand normative legal acts and 20 thousand technical regulation documents using the "guillotine" method. | September 2020 - March | Antimonopoly Committee (N. Sharipov), |
2. Assessment of the impact of normative legal acts based on the principles ex-ante and ex-post. | 2020 - | |||
13. | Introduction of a mechanism to stimulate competition in the creation of state-owned enterprises. | 1. Introduction of a mechanism for establishing the goal of state participation in the economy and the transition to the principle of "yellow pages", which provides for the restriction of the creation of state-owned enterprises in the presence of private enterprises on the market. 2. Introduction of a mechanism for obtaining the consent of the antimonopoly authority when setting up enterprises with the participation of the state. | September | Antimonopoly Committee (N. Sharipov), (S. Bekenov) |
14. | Reduction of the number of state unitary enterprises and economic entities controlled by economic entities with state participation. | 1. Study of the activities of business entities affiliated with state unitary enterprises, large state-owned companies and business entities that have a negative impact on competition in the markets. | September | Antimonopoly Committee (N. Sharipov), (S. Bekenov) |
2. Development of a "Road Map" for transforming state unitary enterprises into other organizational and legal forms and separating them from large business associations as separate entities. | October | |||
15. | Reducing the share of the state and large enterprises in the economy by attracting investments. | 1. Preparation of large state-owned enterprises and joint stock companies for public offering. 2. Transition to international standards of corporate governance and financial reporting at state enterprises. 3. Increasing the transparency of the activities of state-owned enterprises through the regular publication of financial reports and information, including in foreign languages. | 2020 - | State Assets Management Agency (S. Bekenov), Committee for Development of Competition and Protection of Consumer Rights |
16. | Development of a competitive environment and attraction of private sectors into separate areas in which government bodies perform economic functions. | Development of a program for transferring certain state functions to the private sector by introducing a system of accreditation and compulsory insurance of market participants in the following areas: technical supervision in construction; certification, calibration of measuring instruments and verification of measuring instruments; performance of cadastral works. | January | Ministry of Construction (N. Sharipov) |
17. | Increasing the efficiency of state aid. | 1. Inclusion in competition legislation of a mechanism for obtaining prior consent of the antimonopoly authority when providing state aid in the form of benefits and preferences. 2. Development of criteria for the effectiveness of benefits and preferences. 3. Formation of a list of economic entities enjoying benefits and preferences. | October 2020 | Antimonopoly Committee (N. Sharipov) |
18. | Analysis of the effectiveness of benefits and preferences. | 1. Study of the effectiveness of benefits and preferences in the following areas: telecommunications; car manufacturing; electrical industry; agricultural engineering; production of fat and oil products; production of mineral fertilizers. | December | Antimonopoly Committee (N. Sharipov), Ministry of Economic Development and Poverty Reduction Ministry of Finance State Tax Committee State Customs Committee (M. Azimov) |
2. Making proposals for the optimization (cancellation) of benefits and preferences provided to certain areas. | December 2020 | |||
19. | Forced separation of large monopolies with the participation of the state, negatively affecting the competitive environment. | 1. Conducting an analysis of the behavior of operating large monopoly enterprises with the participation of the state and studying the presence of a negative impact on the competitive environment in their actions. 2. Submission of proposals on the compulsory division of large monopolies with the participation of the state, negatively affecting the competitive environment, in accordance with the established procedure. | March | Antimonopoly Committee (N. Sharipov) |
IV. Creation of a system of rational state regulation of prices (tariffs), namely with the use of highly effective methods of setting tariffs that generate the effect of stimulating competition | ||||
20. | Full transition to market mechanisms for setting prices (tariffs) in competitive commodity and financial markets. | Revision of the procedure for state regulation of prices (declaration, approval, establishment of strictly fixed or maximum prices (tariffs), the regulatory coefficient, margins and the maximum level of profitability and other methods of price regulation). | December | Ministry of Finance (N. Sharipov) |
21. | Revision of methods and approaches to the formation of prices of natural monopoly entities. | Creation of the effect of stimulating competition between subjects of natural monopolies by introducing progressive market mechanisms for the formation of prices (the method of economically justified return on invested capital (Regulatory Asset Base), the method of comparative analysis and other methods). | 2021 - | Ministry of Finance |
22. | Improving the mechanism for monitoring the application of regulated prices. | Development of a procedure for monitoring the application of regulated prices, providing for the use of the method of "comparative values" of prices in comparable and interconnected markets to determine the reasonableness of the costs of regulated business entities. | December | Antimonopoly Committee (N. Sharipov) |
V. Elimination of barriers in the transition of natural monopoly spheres to a competitive market | ||||
23. | Revision of the criteria for classification as natural monopolies and drastic reduction of these spheres. | 1. Consolidation of the laws "On Competition" and "On Natural Monopolies". | October | Antimonopoly Committee (N. Sharipov) |
2. Analysis of the activities and functioning of natural monopoly entities, including based on the possibility of creating competitive conditions in interconnected markets. | February | |||
24. | Ensuring transparency of the activities of natural monopoly entities and access to their infrastructure without discrimination. | 1. Inventory of standard and other contracts of subjects of natural monopolies. 2. Strengthening the mechanisms of responsibility for unjustified refusal to connect to the infrastructure of natural monopolies. | November | Antimonopoly Committee (N. Sharipov) |
25. | Development of competition in the electric power industry. | 1. Approval of the Program for the phased formation of the wholesale electricity market. 2. Approval of the "Roadmap" for the transfer of the functions of electricity generation and distribution to the private sector. | April | Ministry of Energy Antimonopoly Committee (N. Sharipov) |
26. | Development of competition in the gas supply market. | Approval of the Program to ensure competitive access of the private sector to the gas supply market. | September | Ministry of Energy Antimonopoly Committee (N. Sharipov) |
27. | Development of competition in the field of railway transport. | Elaboration of a program for the development of competition in the rail transport market, which provides for: studying the possibility of creating conditions for the development of a private rail transport market by dividing the functions of maintaining the railroad infrastructure and carrying out transportation; adoption of a normative legal act on the basis for regulating the activities of rolling stock operators and their relationship with carriers; development of a methodology of calculation of fare based on combined transport (route using various types of locomotives or locomotive different carriers); ensuring equal conditions for the technological connection of tracks that are not public tracks to public tracks; organization of an "exchange" for the exchange of wagons, creation of the most efficient transportation logistics. | March | Ministry of Transport Antimonopoly Committee (N. Sharipov) |
28. | Development of competition in the field of air transport. | 1. Approval of the program for the introduction of the "open skies" regime in all regions of the republic. | December | Ministry of Transport |
2. Approval of a program for providing access to private sector entities to the provision of various services in the air transport market. | December | |||
3. Approval of the program for the creation of national low-cost carriers. | January | |||
VI. Implementation of preventive early warning (prophylaxis) instruments for violations of the legislation on the protection of competition | ||||
29. | Implementation of antimonopoly compliance at monopoly enterprises and state bodies. | 1. Development of a "Roadmap" for the implementation of antimonopoly compliance at monopoly enterprises and government agencies; | September | Committee for Development of Competition and Protection of Consumer Rights |
2. Implementation of antimonopoly compliance at monopoly enterprises and government agencies. | 2020 - | |||
30. | Implementation of the mechanism of early warning (prevention) of offenses in the field of competition protection. | 1. Development of a methodology for the implementation and monitoring of antimonopoly compliance system in government bodies and business entities - a system of internal regulations to ensure compliance with competition legislation requirements, to identify and prevent the risks of offenses. | September | Antimonopoly Committee (N. Sharipov), Agency for State Assets Management (S. Bekenov) |
2. Implementation of an antimonopoly compliance system as an experiment in at least 9 enterprises. | December 2020 | |||
VII. Strengthening legal measures for violating the requirements of competition legislation, primarily for “cartel” agreements and collusions, and stimulating fair competition | ||||
31. | Increasing the effectiveness of methods of combating "cartel" agreements. | Introduction of amendments to the Law on Competition, providing for a change in the size of fines for violation of competition legislations when concluding cartel agreements and collusion. | October | Antimonopoly Committee (N. Sharipov) |
32. | Improving analytical tools for identifying cartel agreements and collusion. | Development of a procedure for monitoring the level of prices for socially significant and monopoly types of goods and services. | September | Antimonopoly Committee (N. Sharipov), Ministry of Finance |
33. | Formation in society of an intolerant attitude towards any manifestation of collusion and "cartel" agreements. | 1. Development of a social campaign against "cartels" with broad involvement of the media and the public. 2. Approval of measures to improve the effectiveness of the "mitigation" program in order to identify "cartel" agreements. | December | Antimonopoly Committee (N. Sharipov), National TV and Radio Company of Uzbekistan (A. Khadzhaev) |
34. | Improving mechanisms for identifying and preventing cases of unfair competition. | 1. Formation of an expert commission to assess the similarity of products under the antimonopoly authority of lawyers, patent attorneys and experts working in this area. | October 2020 | Antimonopoly Committee (N. Sharipov),Agency |
2. Introduction of a register of dishonest business entities that violate intellectual property rights. | September 2020 | |||
35. | Creation of a system of professional development of judges in the application of competition legislation. | Organization of special courses for judges on the application of competition legislation in cooperation with the Higher School of Judges under the High Judicial Council. | 2021 | High Judicial Council (N. Sharipov) |
VIII. Implementation of effective instruments for antimonopoly regulation of the digital economy | ||||
36. | Simplification of the conditions for access to digital markets for new participants. | 1. Inclusion in the Law "On Competition" of the concepts of "digital markets" and their antimonopoly regulation. | October | Antimonopoly Committee (N. Sharipov), National Agency for Project Management (D. Lee), |
2. Creation of a special legal regime based on the concept of “regulatory sandboxes” that allows testing innovations in digital markets without regulatory documentation. | 2020 - | |||
37. | Creation of effective instruments for antimonopoly regulation of digital markets. | Development of a procedure for analyzing and defining the commodity and geographical boundaries of digital markets. | April | Antimonopoly Committee (N. Sharipov), National Project Management Agency (D. Lee) |
38. | Improving the competitive environment in the field of e-commerce. | Approval of antimonopoly rules for trading in the e-commerce process. | 2021 | Antimonopoly Committee (N. Sharipov) |
39. | Implementation of preventive measures to protect competition in digital markets. | Creation of a digital platform based on the RegTech concept (regulatory technologies), which ensures the prompt and effective implementation of the requirements of competition legislation by participants in digital markets. | 2022 | Antimonopoly Committee (N. Sharipov), Ministry of Information Technologies (Sh. Sadikov) |
IX. Ensuring openness of the activities of the antimonopoly authority and the formation of a culture of competition and intolerance in the society towards manifestations of anticompetitive actions | ||||
40. | Wide involvement of public organizations, expert and business communities in the work carried out towards the formation of a healthy competitive environment in the republic. | 1. Further development of the discussion platform "Competition 4.0."; 2. Creation of the Expert Council for the Promotion of Competition. | 2020 - | Antimonopoly Committee (N. Sharipov) |
41. | Formation in society of a culture of competition and intolerance to any manifestations of anti-competitive actions. | 1. Organization of training courses for business entities dedicated to the development of market skills and knowledge of competition legislation. 2. Formation of non-governmental organizations (creation, organization) with the aim of promoting the further development of competition. | 2020 - | Committee for Development of Competition and Protection of Consumer Rights |
42. | Widespread introduction of information technologies in the activities of the Antimonopoly Committee in order to ensure efficiency in identifying cases of restricting competition and taking appropriate measures. | Creation of a unified information system of antimonopoly regulation with ensuring its connection to territorial bodies, information and reference systems of all state bodies. | 2020 - | Antimonopoly Committee (N. Sharipov), |
43. | Increasing the efficiency of the Antimonopoly Committee. | Development and implementation of key performance indicators (KPI) of the Antimonopoly Committee based on international best practices. | September | Antimonopoly Committee (N. Sharipov) |
44. | Further increase the awareness and skills of heads of state and local government bodies on competition policy and competition legislation requirements. | Inclusion of special courses on competition policy in the curriculum of the Academy of Public Administration. | September | Academy of Public Administration (H. Azizov), |
X. Systematic increase of human resources capacity of the Antimonopoly Committee | ||||
45. | Creation of a system of training and retraining of personnel in the field of antimonopoly regulation. | 1. Organization of special courses on antimonopoly regulation and competition legislation in the areas of magistracy of the leading higher educational institutions of the republic. | September | Ministry of Higher Antimonopoly Committee (N. Sharipov) |
2. Organization of permanent training courses on the application of the requirements of acts of competition legislation for employees of the central office and territorial bodies of the Antimonopoly Committee. | December 2020 | |||
to the Decree of the President of the Republic of Uzbekistan dated July 6, 2020 No. UP-6019
|
№ |
Name of measures |
Implementation Time limits |
ImplementationForm |
Responsible agencies |
|
1. |
Definition of state body for coordinating the implementation of a full-fledge inventory of normative legal acts and normative technical documents that directly affect business activity using the method of "regulatory guillotine" (hereinafter - inventory), the preparation of the plan of its implementation - "Roadmap", approval of the composition of the interdepartmental commission and the appointment of responsible officials of ministries and departments to draw up a list of documents subject to inventory. |
September |
Resolution of the Cabinet of Ministers |
Antimonopoly Committee (N. Sharipov), Ministry of Justice (R. Davletov), Ministry of Economic Development and Poverty Reduction (I. Norkulov), Ministry of Finance (T. Ishmetov), Ministry of Investment and Foreign Trade (L. Kudratov), Commissioner under the President of the Republic of Uzbekistan for the protection of the rights and legitimate interests of business entities (D. Kasimov), interested ministries and departments |
|
2. |
Creation of a project office for conduct of inventory at the state body coordinating the continuous inventory. |
October |
Attraction of technical assistance funds. Practical Action Plan |
Antimonopoly Committee (N. Sharipov), Ministry of Justice (R. Davletov), Ministry of Finance (T. Ishmetov) |
|
3. |
Involvement of business entities in the “regulatory guillotine” process, consultations with key stakeholders, development of a public relations plan. |
September-October |
Organizational arrangements |
Antimonopoly Committee (N. Sharipov), Ministry of Economic Development and Poverty Reduction (I. Norkulov), Ministry of Justice (R. Davletov) |
|
4. |
Development of a manual, an electronic questionnaire on inventory. |
November |
Manual and Guidelines |
Antimonopoly Committee (N. Sharipov), Ministry of Economic Development and Poverty Reduction (I. Norkulov), Ministry of Justice (R. Davletov) |
|
5. |
Involvement of foreign experts, organization of study visits of project office and interdepartmental commission workers to foreign countries with experience in conducting inventory. |
November |
Practical measures |
Antimonopoly Committee (N. Sharipov), Ministry of Economic Development and Poverty Reduction (I. Norkulov), Ministry of Justice (R. Davletov) |
|
6. |
Creation of a single website for the “regulatory guillotine” process. |
January |
Practical measures |
Antimonopoly Committee (N. Sharipov), Ministry of Economic Development and Poverty Reduction (I. Norkulov), Ministry of Justice (R. Davletov) |
|
7. |
Organization of special trainings on the “regulatory guillotine” method for responsible officials of ministries and departments. |
October - December |
Organizational measures |
Antimonopoly Committee (N. Sharipov), Ministry of Economic Development and Poverty Reduction (I. Norkulov), Ministry of Justice (R. Davletov) |
|
8. |
Informing the general public about the essence and goals of the “regulatory guillotine” program, including the organization of seminars and "round tables", the publication of instructions, manuals and other analytical materials. |
November |
Organizational measures |
Antimonopoly Committee (N. Sharipov), Ministry of Economic Development and Poverty Reduction (I. Norkulov), Ministry of Justice (R. Davletov) |
|
9. |
Formation of a list of legal acts and technical regulation documents subject to inventory. |
January |
Order |
Antimonopoly Committee (Sharipov), Ministry of Economic Development and Poverty Reduction (I.Norkulov), Ministry of Justice (R. Davletov) |
|
10. |
Inventory of the impact of normative legal acts and normative technical documents of ministries and departments on competition and entrepreneurial activity with the submission of specifically substantiated proposals to the project office on the cancellation, revision or preservation of normative legal acts and documents of technical regulation. |
January-February |
Analytical materials |
Antimonopoly Committee (N. Sharipov), Ministry of Economic Development and Poverty Reduction (I. Norkulov), Ministry of Justice (R. Davletov), ministries and departments |
|
11. |
Carrying out a thorough examination of the impact of the formed lists of normative legal acts and technical regulation documents submitted by ministries and departments on competition and entrepreneurial activity, with the involvement of representatives of private business and independent experts. |
February - April |
Expert opinion and report |
Antimonopoly Committee (N. Sharipov), Ministry of Economic Development and Poverty Reduction (I. Norkulov), Ministry of Justice (R. Davletov), ministries and departments |
|
12. |
Conducting discussions with ministries and departments on the conclusions of expert reviews, formation of the final list of revised regulations and planning of discussions on complaints and appeals of ministries. |
April 2021 |
Expert opinion and report |
Antimonopoly Committee (N. Sharipov), Ministry of Economic Development and Poverty Reduction (I. Norkulov), Ministry of Justice (R. Davletov), ministries and departments |
|
13. |
Development of a package of draft normative legal acts for amendments into acts of legislation with an assessment of their impact on competition, business and the State budget. |
April - July 2021 |
Draft normative legal acts |
Antimonopoly Committee (N. Sharipov), Ministry of Economic Development and Poverty Reduction (I. Norkulov), Ministry of Finance (T. Ishmetov), Ministry of Justice (R. Davletov) |
|
14. |
Approval of the package of amendments, introduced into acts of legislation, placement in the National Database of Legislation of the Republic of Uzbekistan of adopted normative legal acts and documents of technical regulation. Implementation of the procedure for automatic invalidation of acts of legislation that are not included in the National Database of Legislation. |
August-September 2021 |
laws of the Republic of Uzbekistan, decisions of the President of the Republic of Uzbekistan and the Government |
Antimonopoly Committee |
to the Decree of the President of the Republic of Uzbekistan dated July 6, 2020 No. UP-6019
No. | Branch | Responsible ministries and departments |
1. | Electricity production | Ministry of Energy |
2. | Oil and gas industry | |
3. | Railway transport | Ministry of Transport |
4. | Air transport | |
5. | Automobile transport | |
6. | Road construction | |
7. | Construction | Ministry of Construction |
8. | Design services | |
9. | Mobile communication services | Ministry for the Development of Information Technologies and Communications |
10. | Internet Services | |
11. | Preparation of cadastral documents | State Committee for Land Resources, Geodesy, Cartography and State Cadastre |
12. | Carrying out measurement work and topographic survey services | |
13. | Certification and metrology | Agency «Uzstandard» |
14. | Automotive industry | Ministry of Economic Development and Poverty Reduction, Committee for Competition Promotion and Consumer Protection |
15. | Electrical engineering | |
16. | Metallurgy | |
17. | Food and oil industry | |
18. | Building materials | |
19. | Chemical industry |