Thursday, 22, February, 2024

The Senate at its plenary session today approved amendments introducing of liability for illegal transfer or withdrawal of funds from the bank accounts of business entities.

Currently, there are cases of illegal transfer or withdrawal of funds from the bank accounts of businesses, as well as untimely return of overly collected funds, while the current legislation does not clearly establish liability for such cases, said Ulugbek Gadoev, Chairman of the Senate Committee on Budget and Economic Reforms.

In 2021-2022, the Business Ombudsman received 665 requests from businesses for VAT refunds, 116 for refunds of overcharged funds, and 69 for illegal collection orders for indisputable collection of funds.

To prevent these negative cases, an article 241-9 is entered in the Code of Administrative Liability, which provides for the imposition of a fine on the perpetrator in the amount of 20 to 40 basic settlement units (BSU) (from 6.6 million to 13.2 million soums) for illegal transfer or withdrawal of funds from the bank accounts of businesses without their consent or untimely return of excessively collected funds in the absence of signs of petty theft.

In addition, the Criminal Code is being supplemented by Article 192-12 (illegal transfer or withdrawal of funds or their untimely return). If such actions are committed even after the application of an administrative penalty, a fine in the amount of 200 to 300 BSU (from 66 to 99 million soums) shall be imposed, or deprivation of a certain right up to 3 years, or compulsory public works from 300 to 360 or correctional labor up to 3 years, or imprisonment up to 3 years.

If these actions are committed with the infliction of major damage or by prior agreement by a group of persons, then the offender shall be punished with a fine of 300 to 500 BSU or house arrets from 3 to 5 years, or imprisonment from 3 to 5 years with deprivation of a certain right from 1 to 3 years.

The same actions committed with the infliction of especially large damage or in the interests of an organized group are punishable by a fine of 500 to 600 BRD or imprisonment from 5 to 7 years with deprivation of certain rights from 1 to 3 years.

In case of compensation for material damage caused, punishment in the form of house arrest and imprisonment shall not be applied. Business Ombudsman Dilmurod Kasimov explained this by the need to motivate violators to compensate damages to businesses.

The amendments, approved by the Senate, will take effect after signing by the president.

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