Uzbekistan: Innovations In The Legislation Of The Republic Of Uzbekistan In The Field Of Regulation Of Production And Traffic Of Alcohol And Tobacco Products

Last Updated: 20 August 2019
Article by Legalmax IP Law Firm

Decree of the President of the Republic of Uzbekistan under No. UP-5656 established a new procedure for the production and circulation of alcohol and tobacco products.

The main purpose of the document implementation is to improve the system for the sale of alcohol and tobacco products, the introduction of new mechanisms to control production and turnover of products.

Also, aspects related to the functioning of the authorized body regulating the industry have changed:

The liquidation procedure of the Uzsharobsanoat Joint-Stock Company (authorized regulatory body) was initiated.

The Agency for the Development of Viticulture and Winemaking under the Ministry of Agriculture of the Republic of Uzbekistan and the Inspection for the Regulation of the Alcohol and Tobacco Market under the Ministry of Finance are being established.

Aims of the Agency:

1) implementation of a unified state policy in the field of viticulture and winemaking, as well as the development and implementation of comprehensive targeted programs aimed at ensuring their dynamic development;

2) to assist in the expansion of grape plantations, mainly technical varieties and the development of winemaking in the introduction of modern resource-saving technologies and the comprehensive modernization of wine-making enterprises;

3) support for winegrowers and winemakers in attracting direct investments to organize the production of competitive products, increase export potential by conducting in-depth marketing research of external market conditions, as well as popularizing domestic wine-making products, including abroad;

4) assistance in the training of highly qualified specialists in the field of viticulture and winemaking through cooperation with foreign and domestic educational institutions, research institutes and leading manufacturers of industries;

5) regulation of the activities of producers of grape planting materials, interaction with the Inspectorate in terms of determining the quality of alcoholic beverages from grapes, fruits and berries;

6) maintaining an electronic register of grape plantations together with the State Committee on Land Resources, Geodesy, Cartography and State Cadaster.

Aims of Inspection:

1) licensing of the production of food and technical ethyl alcohol, alcohol and tobacco products, as well as wholesale trade in alcoholic beverages;

2) the introduction and development of information systems for monitoring and controlling the production and turnover of food and technical ethyl alcohol, alcohol and tobacco products;

3) the distribution of food ethyl alcohol between enterprises for the production of alcoholic and other products in the prescribed manner;

4) inspection of compliance with technical and technological standards in the production of food and technical ethyl alcohol, alcohol and tobacco products in strict accordance with the requirements of state standards and legislation;

5) control over the quality of storage and circulation of food and technical ethyl alcohol, alcohol and tobacco products, including the quality of raw materials and auxiliary materials used in their production;

6) monitoring compliance with licensing requirements by manufacturers of food and technical ethyl alcohol, alcohol and tobacco products, as well as wholesale enterprises selling alcoholic beverages;

7) monitoring of the actual production and turnover of food and technical ethyl alcohol, alcohol and tobacco products, as well as participation in the development of new samples of excise stamps for them;

8) interaction with tax authorities to ensure timely and complete receipt of taxes and other mandatory payments to producers of food and technical ethyl alcohol, alcohol and tobacco products, as well as wholesale enterprises for alcoholic beverages;

9) interaction with the Agency in terms of determining the quality of alcoholic beverages from grapes, fruits and berries.

The decree establishes the following order, according to which:

1) producers of alcohol products sell products only to wholesale organizations, with the exception of brewing products, sparkling and natural wines;

2) all legal entities are entitled to engage in wholesale trade in alcohol products in accordance with the procedure established by law;

3) the sale of brewing products, sparkling and natural wine of domestic production can be carried out by all trade enterprises, organizations providing hotel services, as well as catering services without a permit certificate for the right to sell alcoholic beverages;

4) the laboratories for determining the quality of ethyl alcohol during the Inspection are located at the enterprises - producers of food ethyl alcohol, which provide the necessary technical conditions for their proper operation;

5) the sale of food ethyl alcohol by manufacturers is carried out on the conditions of 100 percent prepayment;

6) manufacturers of alcoholic products have the right to implement it without prior payment;

7) the purchase of food ethyl alcohol in excess of the volumes distributed by the Inspectorate, is carried out by manufacturers of alcoholic products by notifying the Inspectorate in the prescribed manner;

8) the planning of the production of alcohol and tobacco products is carried out by manufacturers, taking into account market conditions.

The inspection is determined as the licensing authority in the field of production and turnover of alcohol products.

A draft law has been drafted on the procedure for the licensing of activities for the production of food and technical ethyl alcohol, alcohol and tobacco products, the wholesale trade of alcohol products, as well as measures and sanctions applied for violation of licensing requirements.

The project proposes are to establish the following types of licenses and fees for their registration:

МW – the minimum wage, which at the moment of presentation of this material is 202 730 soum or 24 USD.

Terms of adoption of the decision on issuing of a license:

30 days – for production

10 days – wholesale trade, from the date of receipt of the relevant package of documents.

The inspectorate has the right to check the conditions of production on-site.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions