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Uzbekistan 30/11/2019 At the initiative of the Ministry of Justice, 2 articles can be excluded from the Criminal Code
At the initiative of the Ministry of Justice, 2 articles can be excluded from the Criminal Code

Tashkent, Uzbekistan (UzDaily.com) –– The Ministry of Justice has analyzed the conformity of legislation defining responsibility for violation of the requirements established in the course of entrepreneurial activity with the requirements of reforms in the country and has developed proposals for the liberalization of responsibility.

In particular, it is proposed to exclude criminal liability for violation of the rules of trade or the provision of services established by article 189 of the Criminal Code.

At present, for violation of the rules of trade, administrative penalties, financial sanctions of the Tax Code and other huge fines are imposed on the perpetrator on the basis of by-laws, in addition, it is prosecuted.

This leads to the fact that for the same offense two or more punitive measures are applied, which in practice leads to a violation of the established procedure for the administration of justice.

In this regard, it is advisable to exclude article 189 from the Criminal Code.

It is also proposed to exclude criminal liability established by article 192 of the Criminal Code for discrediting a competitor.

Public relations related to the formation of a competitive environment in our country and the fight against monopolistic activity are regulated by the Law on Competition.

Section 27 of this Law provides for administrative liability for violation of competition law, and the issue of criminal liability is not provided.

Modern jurisprudence shows that it is desirable to regulate relations in this area not within the framework of criminal law, but within the framework of economic and civil law relations, depending on the damage caused.

Currently, the draft law, which includes these proposals, has been submitted for discussion on the Portal for the discussion of draft regulatory documents.

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