The construction market in Uzbekistan is a dynamically developing sector of the economy, especially in recent years. It is well known that the construction of industrial facilities is a complex process which should be control by government authorities at various levels. Intervention of state bodies in the regulation of construction is necessary for protection of public interests and the development of certain sectors of the economy. Government bodies exercises control over the construction sector in its own powers, which can create difficulties in understanding their functions. The regulatory system may create difficulties for foreign investors to understand. For this reason, we decided to describe briefly the functions of government bodies in construction sector in order to form a comprehensive view of government bodies in the construction process.

2. The system of government bodies in construction sector in Uzbekistan

Today a three-stage management system for the construction sector has been formed, which consists of:

Ministries regulating construction in their areas
1. Ministry of Construction of the Republic of Uzbekistan;
2. Ministry of Energy of the Republic of Uzbekistan;
3. Ministry of Transport of the Republic of Uzbekistan;
4. Ministry of Water Resources of the Republic of Uzbekistan;
State committees regulating areas related to construction (environmental protection, registration of rights to real estate, the use and protection of subsoil and ensuring the safety of industrial facilities)
1. State Committee of the Republic of Uzbekistan for Land Resources, Geodesy, Cartography and State Cadastre;
2. State Committee of the Republic of Uzbekistan for Geology and Mineral Resources;
3. State Committee of the Republic of Uzbekistan for Ecology and Environmental Protection;
4. State Committee for Industrial Safety of the Republic of Uzbekistan.
State inspections under the abovementioned ministries, which carry out direct control functions, issuance of permits, etc.

The general scheme of these state authorities with control functions in the construction sector is given in Appendix 1.

In the field of construction, a system of state control was elaborated the following forms of control:

Regulation of the technical sector (organization of a system of quality and safety standards);
Issuance of permits for the construction of facilities;
Organization of examination (verification of project documentation, verification of the environmental sphere);
Regulation of price formation and preparation of estimate documentation for construction.

In the following paragraphs the main functions of the ministries and inspectorates subordinate to these ministries, and state committees will be highlighted.

3. General construction control in the Republic of Uzbekistan

3.1. The Ministry of Construction of Republic of Uzbekistan

A special authorized government body that implements a unified state policy in the field of architecture and construction in the Republic of Uzbekistan if the Ministry of Construction of the Republic of Uzbekistan (hereinafter referred as “Ministry of Construction”). Ministry of Construction was established in 2018 and operates in accordance with the Regulation on the Ministry of Construction of the Republic of Uzbekistan (Resolution of the Cabinet of Ministers (“RCM”) dated July 31, 2018 No. 603). The Ministry of Construction is. According to the Regulation on the Ministry of Construction of the Republic of Uzbekistan, it performs the following functions:

introduces into construction activities energy-efficient and energy-saving innovative projects, solutions, building materials, modern building technologies and innovative projects;

coordinates the activities of contractors and monitors their activities;

establishes, jointly with the ministries concerned, during the construction of facilities financed from centralized capital investments, constant control over the formation of prices, preventing their artificial overstatement;

introduces advanced technologies in the field of construction, ensuring a reduction in construction costs and rational use of resources;

creates new concepts in the field of design and construction;

coordinates project design and construction activities;

organize the development of individual, standard, reusable and experimental projects and project solutions;

conducts, within its competence, monitoring, inspections, summarizes their results, and also develops and takes measures aimed at improving the activities of leading design and survey organizations;

analyzes work plans and business plans of leading project organizations and takes measures to improve the planning of their activities;

monitors compliance with licensing requirements and conditions within its competence;

based on the results of the study, gives written instructions to eliminate the identified deficiencies;

ensures the development of measures to enhance the role and responsibility of designer supervision in the implementation of urban planning documentation;

conducts an examination of urban planning documentation;

creates a centralized database, updated with information on compliance by licensees with license requirements and conditions;

carries out accreditation of legal entities involved in the examination of construction projects;

studies problems in the system of rationing and the introduction of innovative technologies in construction;

ensures the harmonization of national regulatory documents with international norms, rules and standards in construction based on their study and analysis;

ensures the development and approval of urban planing provisions and rules in the field of urban development and urban development activities, and also acts as a customer for their development in the prescribed manner;

forms a database of organizations in the construction industry and other participants in investment activities, as well as an data base of information about building materials, structures and products;

carries out state regulation in the field of conformity assessment in the urban planning system, as well as in the import, production and sale of building materials in the manner prescribed by law.

As can be seen from the functions performed by the Ministry of Construction, it is the central regulator in the construction sector in the Republic of Uzbekistan. The Ministry of Construction also includes the Construction Control Inspection.

3.2. Inspection for Control in the Construction Industry under the Ministry of Construction of the Republic of Uzbekistan

Inspection for Control in the Construction Industry under the Ministry of Construction of the Republic of Uzbekistan (hereinafter referred as “Inspection for Control in the Construction Industry“), within its powers, monitors compliance with the requirements of technical regulation in the field of construction, production of building materials, products and constructions, urban development standards and rules on the territory of the Republic of Uzbekistan. According to PP-4586 dated February 5, 2020 “On measures to radically improve the quality of construction and installation works and improvement of construction control system”, it has the right to:

to suspend construction and installation works and require dismantling work in cases of revealing construction violations that affect the seismic resistance of buildings and construction, as well as pose a threat to human life and health;

issue binding instructions to legal entities and individuals for the elimination of detected offenses with the establishment of proportionate terms for their execution, required to eliminate offenses at the facility, but no more than 60 days;

send submissions to the relevant authorities and organizations to resolve the issue of suspension, termination and cancellation of licenses and permits for the implementation of activities in the field of design and construction;

send submissions to the relevant authorities and organizations on the suspension of the release, sale and use of building materials and products in cases of detection of poor-quality building materials and products at the sites that affect the seismic resistance of buildings and constructions, as well as pose a threat to human life and health.

As can be seen from the above functions, the Inspection for Control in the field of Construction Industry controls over compliance with construction standards and can intervene in construction and installation works in case of violations are detected.

4. Control of construction in the energy sector in the Republic of Uzbekistan

4.1. The Ministry of Energy of the Republic of Uzbekistan

The state body which controls over the construction of facilities in the fuel and energy industry is The Ministry of Energy of the Republic of Uzbekistan (hereinafter referred to as the “Ministry of Energy”). Ministry of Energy plays an important role in the implementation of a unified energy policy aimed at ensuring the country’s energy security and meeting the growing needs of the country’s economic sectors and population for energy resources. According to the Regulation on the Ministry of Energy of the Republic of Uzbekistan (RCM dated February 9, 2019 No. 108), the Ministry of Energy has the following functions:

supervises the activities of the inspection in the field of control over the use of oil products and gas, ensures compliance with technological requirements during the installation and operation of production facilities (installations), processing, transportation, storage of oil, gas and gas condensate, as well as production, transportation and consumption of electricity, coal mining;

monitors compliance with licensing requirements and conditions within its competence;

in the manner prescribed by law, issues licenses for certain types of activities in the energy sector;

in the prescribed manner takes measures to suspend, terminate, cancel and revoke issued licenses;

participates within its competence in the development of programs for the socio-economic development of the Republic;

ensures the development and implementation of investment projects with the participation of foreign capital in the fields of oil, gas, electricity, the use of atomic energy for peaceful purposes and the coal industry;

realizes the rights to own, use and dispose of property owned by the Ministry and its subordinate organizations, manages shares (shares in statutory funds) of joint-stock companies owned by the Republic of Uzbekistan and transferred to the Ministry’s management, appoints state representatives in the governing bodies of these legal entities and provides control over their activities;

coordinates the construction of renewable energy facilities.

The structure of the Ministry of Energy also includes the Inspection for oil products and gas usage control, The inspection for control in electric power industry and Agency for the Development of Nuclear Energy.

4.2. The Inspection for Oil Products and Gas Usage Control under the Ministry of Energy

The Inspection for Oil Products and Gas Usage Control under the Ministry of Energy (hereinafter referred as “Uzoilgasinspection”) is an authorized body for exercising state control in the field of production, processing, transportation, distribution, sale and use of oil, gas, gas condensate and products of their processing and in its activities is accountable to the Ministry of Energy of the Republic of Uzbekistan.

According to the Regulation on the Inspection for oil products and gas usage control under the Ministry of Energy of the Republic of Uzbekistan (RCM dated June 24, 2019 No. 520), Uzoilgasinspection has the following functions:

exercises state control over the compliance by the parties to production sharing agreements with the requirements of legislative and other regulatory legal acts in the field of production, processing, transportation, distribution, sale and use of oil, gas, gas condensate and their products, as well as ensuring their quantitative and qualitative preservation;

monitors compliance by consumers and suppliers of oil, oil products and gas with the requirements of:

legislation and regulatory documents in the field of technical regulation for the rational and efficient use of oil, oil products and gas;

technological operation of facilities (installations) for production, processing, transportation, storage of oil, oil products and gas;

carries out licensing procedures and technical regulation in the field of production, processing, transportation, distribution, sale and use of oil, gas, gas condensate and products of their processing, as well as for the design, construction, operation and repair of main gas pipelines, oil pipelines and oil product pipelines using appropriate measures of influence in the prescribed manner;

issues conclusions on the compliance of the applied technologies and equipment with energy efficiency indicators, as well as on the use of alternative fuels to fuel-consuming organizations using 100,000 or more cubic meters of natural gas per year, and technological oil and gas facilities (installations) for comprehensive testing of equipment, routine adjustment work and work for cleaning gas pipelines when using natural gas as a medium;

upon requests from business entities, inspects and examines fuel-consuming equipment and installations for compliance with regulatory and technical requirements;

conducts technical inspections and participates in the work of commissioning commissions in terms of compliance with the technological requirements of completed construction of oil and gas facilities.

As one can see from the function of Uzoilgasinspection, this state body controls the entire process of the oil and gas industry, i.e. the construction of facilities and their activities.

4.3. The inspection for Control in Electric Power Industry under the Ministry of Energy

The inspection for Control in Electric Power Industry at the Ministry of energy of the Republic of Uzbekistan (hereinafter referred as “Uzenergyinspection”) is an authorized body for the implementation of state control in the field of production, transmission, distribution and consumption of electric and thermal energy, as well as the use of coal and in its activities is accountable to the Ministry of Energy of the Republic of Uzbekistan. According to the Regulation on the inspection for control in electric power industry at the Ministry of energy of the Republic of Uzbekistan (RCM dated June 24, 2019 No. 520), Uzenergyinspection controls over:

technical condition and operation of electrical installations of electric power facilities and consumers, fulfillment of the requirements for technical operation of electrical installations and safety precautions during their operation, as well as other regulatory legal acts and technical rules and norms providing for similar requirements;

technical condition and operation of heat installations of electric power facilities and consumers, fulfillment of the requirements for technical operation of heat installations and safety precautions for their operation, as well as other regulatory legal acts and technical rules and norms providing for similar requirements;

observance of special conditions for the use of land plots located within the boundaries of protective zones of power grid facilities by organizations in charge of power grid facilities;

the quality of the start up and adjustment works in electrical installations and heating installations of legal entities;

conducting by organizations of electric power facilities and consumers of energy balance tests of existing, connecting, reconstructed and upgraded energy-intensive installations and equipment;

carries out, if necessary, control tests (measurements) of new and reconstructed electrical installations;

participates in the state acceptance commissions for acceptance of newly connected and reconstructed power facilities;

coordinates projects of external and internal power supply and heat supply of electric power facilities and consumers in terms of ensuring the safety of production, transmission, distribution and consumption of electrical and thermal energy;

participates in the procedure for connecting new and reconstructed electric power facilities and consumers in terms of determining their readiness for operation.

In addition, according to the Regulations on inspection for control in electric power industry at the Ministry of energy of the Republic of Uzbekistan, upon completion of construction, modernization and reconstruction works in electrical facilities with a voltage of 0,4-500 kV, JSC “National Electric Grids of Uzbekistan” and JSC “Regional Electric Grids”, as well as the enterprises that are part of their structure, conduct a technical inspection of electrical installations and draw up an act of their compliance with the requirements of technical specifications, town planning norms and rules, rules for the installation of electrical installations, as well as rules for the use of electrical energy.

The functions assigned to the Uzenergyinspection show that this body also exercises control in the electric power industry, from the construction of facilities and commissioning to the subsequent operation of electric power facilities.

4.4. Agency for the Development of Nuclear Energy

The nuclear industry is new in the energy industry of the Republic of Uzbekistan. For this reason, the Agency for the Development of Atomic Energy under the Ministry of Energy of the Republic of Uzbekistan (hereinafter referred to as ““Uzatom” Agency”) began its existence only in 2018 with the adoption of the Regulations on the Agency for the Development of Nuclear Energy under the Ministry of Energy of the Republic of Uzbekistan (RCM dated August 13, 2018 No. 653). According to this Regulation, the main functions of the Uzatom Agency in the field of peaceful use of atomic energy are:

conclusion of agreements and contracts for the design, construction and operation of nuclear power facilities with the introduction of modern technologies and equipment that meet international industrial and environmental safety requirements;

develops short-term and long-term programs for the construction and operation of nuclear power facilities with the introduction of modern technologies and equipment that meet international requirements for radiation, nuclear, industrial and environmental safety.

Uzatom agency, being a new government body, exercises control over the construction and operation of nuclear power facilities.

It can be concluded that the Ministry of Energy and its subordinate inspectorates and agencies carry out state regulation of the production, transmission, distribution and consumption of electric and thermal energy, coal, as well as the production, processing, transportation, distribution, sale and use of oil, gas and their products. The abovementioned bodies play an important role in increasing the investment attractiveness of the fuel and energy industry through the development of public-private partnerships, improving tariff policy, stimulating the formation of a favorable competitive and business environment in the energy market.

5. Construction control over road infrastructure facilities in the Republic of Uzbekistan

5.1. The Ministry of Transport of the Republic of Uzbekistan

A government body that ensures the development and implementation of a unified state policy and legal regulation in the development of road, rail, air, river and electric transport, the subway, and road facilities is the Ministry of Transport of the Republic of Uzbekistan (hereinafter referred to as the “Ministry of transport“). The Ministry of transport carries out its activities on the basis of the Regulations on the Ministry of transport of the Republic of Uzbekistan (PCM dated April 19, 2019 No. 336). According to this Regulation, the Ministry of transport:

develops proposals for the implementation and development of public-private partnerships;

forms Investment programs for the development of transport and road facilities for the medium and short term, with the definition of priority directions for the development of the industry, and also monitors the progress of their implementation;

develops proposals for increasing the investment attractiveness and competitiveness of transport and road facilities;

develops proposals and elaborates issues on attracting investments, including direct investments, for the implementation of Investment programs in transport and road facilities.

In term of a unified technical policy in the field of highways, providing a comprehensive solution to issues of financing, design, construction, repair and operation of highways, airdromes and airports, stations, railway and other transport infrastructure facilities, taking into account the interests of users:

carries out a unified technical policy in the field of transport and road facilities, aimed at creating an infrastructure that meets modern requirements;

coordinates works to ensure environmental safety in the field of transport and road facilities;

monitors compliance with the requirements of regulatory documents of technical regulation in the field of transport and road facilities;

conducts research, design and development works in the field of technical development of transport and road facilities, ensuring transportation safety.

The structure of the Ministry of transport also includes the Committee for roads under the Ministry of transport of the Republic of Uzbekistan and the Inspection for quality control of road building works under the Ministry of transport of the Republic of Uzbekistan.

5.2. The Committee for Roads under the Ministry of Transport of the Republic of Uzbekistan

The Committee for Roads under the Ministry of Transport of the Republic of Uzbekistan (hereinafter referred to as the “Uzroadinspection“) is a specially authorized body in the field of highways and is the only client for the design, construction, reconstruction, repair and operation of public highways. Uzroadinspection carries out its activities on the basis of the Regulations on the Committee for roads under the Ministry of transport of the Republic of Uzbekistan (RCM dated May 19, 2020 No. 295), according to which Uzroadinspection:

elaborates regulatory documents on technical regulation in the field of design, construction, reconstruction, repair and maintenance of roads, as well as the development of road building materials, products and structures, taking into account modern technologies in the road industry and the experience of foreign countries;

organizes, in accordance with the established procedure, the rational and efficient use of land plots on the designated sections of public highways;

forms and coordinates the implementation of annual programs for the construction, reconstruction and repair of roads, depending on the technical condition of the roads;

develops and implements projects in the field of road construction with the participation of international financial institutions and foreign state financial institutions, as well as with the attraction of donor funds;

approves, changes and supplements address lists for the construction, reconstruction and design of public highways, modernization of enterprises in coordination with the Ministry of economic development and poverty reduction and the Ministry of finance of the Republic of Uzbekistan;

approves, enumerates and makes additions to the address lists for capital repairs and road design in agreement with the Ministry of economic development and poverty reduction and the Ministry of finance of the Republic of Uzbekistan;

takes measures for long-term planning, improvement and development of the road network of the Republic, based on the needs of the economy and the population, as well as the strategic goals of the state;

takes measures to improve and develop the network of public roads in the Republic;

Function of Uzroadinspection shows that it plays a major role in the construction and development of the country’s road infrastructure along with the Inspection for Quality Control of Road Building Works under the Ministry of transport of the Republic of Uzbekistan.

5.3. The Inspection for Quality Control of Road Building Works under the Ministry of transport of the Republic of Uzbekistan

The Inspection for Quality Control of Road Building Works under the Ministry of transport of the Republic of Uzbekistan (hereinafter referred as to “Uzroadinspection”) is a government body exercising control over the compliance by legal entities and individuals with the requirements of the legislation on urban planning and regulatory documents in the field of technical regulation in the sphere of design, construction, reconstruction, repair, maintenance and operation of roads and artificial structures, as well as the production of road building materials , products and designs. Uzroadinspection carries out its activities on the basis of the Regulations on the Inspection for quality control of road building works under the Ministry of transport of the Republic of Uzbekistan (RCM dated April 19, 2019 No. 337), according to which it:

monitors the adopted technical solutions in design documentation for the construction, reconstruction and overhaul of highways, as well as supervision over the quality of their development;

ensuring control over the compliance of the changes made to the design and estimate documentation in the process of road construction with the requirements of regulatory documents in terms of technical regulation in the field of road construction;

provides control over the quality of construction and installation works, their compliance with the requirements of regulatory documents in terms of technical regulation in the field of road construction and design and estimate documentation;

conducts control tests, measurement of road building materials, products and structures used at the road construction facility;

conducts constant monitoring of technical and author’s supervision, as well as test road construction laboratories;

applies administrative measures in violation of the requirements of the legislation on urban planning and regulatory documents in terms of technical regulation in the field of road construction, production of road building materials, products and constructions;

submits proposals to the authorized state body on the suspension or termination of the issued licenses in the field of the road industry;

examines the completeness and quality of the construction and installation works performed in accordance with the approved design and estimate documentation, as well as their compliance with the bill of quantities;

examines the compliance of the executive documentation with the current regulatory documents;

conducts additional laboratory tests if necessary;

participates in the organization and development of public-private partnerships in the field of road construction;

conducts state examination of project documentation in the field of road construction on a contractual basis;

conducts laboratory tests on a contractual basis;

conducts inspection, diagnostics of the technical condition of existing roads and artificial structures on a contractual basis.

The Ministry of transport of the Republic of Uzbekistan and its subordinate bodies have control functions for the construction and development of transport infrastructure in the Republic of Uzbekistan, as well as attracting foreign investment in this industry.

6. Control over the construction of water facilities in the Republic of Uzbekistan

6.1. Ministry of Water Resources of the Republic of Uzbekistan

A government body that implements a unified policy in the field of water resources management, as well as coordination of the activities of government bodies, economic management bodies and other organizations in the field of rational use and protection of water resources, prevention and elimination of the harmful effects of water is Ministry of Water Resources of the Republic of Uzbekistan (hereinafter referred as to “Ministry of Water Resources”). The Ministry of Water Resources carries out its activities on the basis of the Regulations on the Ministry of Water Resources of the Republic of Uzbekistan (RCM dated July 3, 2018 No. 500), according to which the Ministry of Water Resources:

considers and approves in the established manner projects of construction, reconstruction, repair and restoration of enterprises, structures and other objects that affect the state of waters and water bodies;

ensures the conduct of design and survey and research works, as well as departmental examination of design and estimate documentation for the construction, reconstruction, repair and restoration of water facilities;

organizes and ensures the timely and high-quality implementation of projects for the construction, reconstruction, repair and restoration of water facilities, high-quality commissioning of capacities, as well as the acceptance of completed works in the prescribed manner;

coordinates the activities of design and survey, contracting, industrial and other enterprises and organizations within the system of the Ministry of Water Resources;

ensures reliable operation of irrigation and drainage systems, large hydraulic constructions and reservoirs, pumping stations, as well as other state water facilities;

provides comprehensive support and assistance in the development of research, design and survey and design work in the field of water management;

determines the main directions of research, design, survey and design work in the field of water management, and also organizes their implementation on a contractual basis.

Moreover, the structure of the Ministry of Water Resources includes the State Inspection for Control and Supervision over the Technical Condition and Safety of Operation of Large and Highly Important Water Facilities under the Ministry of Water Resources of the Republic of Uzbekistan.

The State Inspection for Control and Supervision over the Technical Condition and Safety of Operation of Large and Highly Important Water Facilities under the Ministry of Water Resources of the Republic of Uzbekistan (hereinafter referred as “State Inspection “Gosvodkhoznadzor””) is a government body authorized in the field of state supervision over the safety of water facilities – hydraulic structures in the Republic of Uzbekistan with an increased danger in emergency situations. State Inspection “Gosvodkhoznadzor” operates on the basis of the Regulations on the State Inspection for Control and Supervision over the Technical Condition and Safety of Operation of Large and Highly Important Water Facilities under the Ministry of Water Resources of the Republic of Uzbekistan (RCM dated March 12, 2019 No. 215).

In the field of state control and supervision over the design, construction, commissioning, operation, reconstruction, repair, conservation and liquidation of large and highly important water facilities, including the organization of project expertise, the quality of construction, reconstruction, commissioning, conservation and liquidation State Inspection “Gosvodkhoznadzor”:

participates in determining the location of hydraulic structures, coordinating design assignments, construction and reconstruction projects, exercising control over the quality of construction, commissioning, as well as agreeing on the rules for operating hydraulic structures;

approves in accordance with the established procedure the declarations of safety of hydraulic structures;

maintains an inventory of hydraulic structures;

organizes the elaboration of rules and criteria for the safety of hydraulic structures;

participates in project development of regulatory legal acts in the field of safety of hydraulic structures.

The State Inspection “Gosvodkhoznadzor” in the field of organization of reliable protection of large and highly important water facilities:

coordinates the procedure for the use of the territories of hydraulic structures, river beds and adjacent territories below and above the dam (except for the provision of land plots in water protection zones) for the implementation of economic or other activities;

assists the authorized bodies in organizing works on the establishment of water protection zones, coastal strips of river reservoirs, canals and collectors and monitors the fulfillment of requirements for these zones and strips.

The Ministry of Water Resources and the State Inspectorate “Gosvodkhoznadzor” exercise control over the construction of water structures. Their functions indicated in the relevant regulations shows the importance of control and monitoring in the construction of water structures.

7. Other government bodies exercising control functions in the construction sector

During the construction of industrial facilities, it is important to comply with the requirements of the cadastral service, the use and protection of mineral resources, environmental protection, and industrial safety. These functions are carried out by the bodies listed below.

7.1. State Committee of the Republic of Uzbekistan for Land Resources, Geodesy, Cartography and State Cadastre

A government body in the field of land relations, geodesy, cartography and state cadastres is State Committee of the Republic of Uzbekistan for Land Resources, Geodesy, Cartography and State Cadastre (hereinafter referred as to “Goskomzemgeodezcadastre”). Goskomzemgeodezcadastre operates on the basis of the Regulations on the State Committee of the Republic of Uzbekistan for Land Resources, Geodesy, Cartography and State Cadastre (RCM dated July 19, 2017 No. 529).

According to the Regulations, Goskomzemgeodezcadastre during the construction of facilities, performs the following functions:

forms an electronic database of land cadastral information about each land owner, land user, tenant and land owner;

maintains the state land cadastre;

maintains the state cadastre of buildings and structures;

maintains the state cartographic and geodetic cadastre;

maintains the state cadastre of territories;

maintains the Unified System of State Cadastres;

carries out state registration of rights to real estate objects and transactions with them;

creates a database on information about the emergence, transfer, limitation and termination of ownership and other property rights to real estate, as well as other transactions with real estate;

creates and regularly updates an electronic database of real estate objects, a geoinformation system of state cadastres for a gradual transition to the assessment of real estate at market value;

creates and maintains an electronic database of the state land cadastre, state cadastre of buildings and structures.

From the functions in the Regulations, it is obvious that the State Committee for Land Geodezcadastre does not have direct authority to regulate the construction of facilities, however, registration of rights to land plots, buildings and structures is an integral part in the construction process.

7.2. The State Committee of the Republic of Uzbekistan on geology and mineral resources

During the construction of subsoil use objects, it becomes necessary to obtain the necessary information and licenses to carry out activities. The State Committee of the Republic of Uzbekistan on Geology and Mineral Resources (hereinafter referred to as to “State Committee on Geology“) is the authorized body in this area of geological exploration, use and protection of subsoil, as well as management of mining relations. State Committee on Geology operates on the basis of the Regulations on the State Committee of the Republic of Uzbekistan on Geology and Mineral Resource (RCM dated April 27, 2018 No. 315).

According to the Regulations, State Committee on Geology:

carries out state registration of subsoil plots provided for use, state registration of the right to use subsoil plots and state registration of works on geological study of subsoil in the manner established by the Cabinet of Ministers;

exercises the rights and obligations of the owner to geological and other information about the subsoil obtained as part of the implementation of state programs for the development and reproduction of the mineral resource base;

maintains records, stores and systematizes geological and other information about the subsoil for all types of minerals obtained as a result of geological exploration both at the expense of the State budget of the Republic of Uzbekistan and at the expense of subsoil users’ own funds;

maintains the state fund of geological and other information about the subsoil, the state fund of stone geological materials;

maintains the state register of deposits and subsoil plots promising for the identification of mineral deposits (within its competence), the state balance of mineral reserves, the state cadastre of deposits, manifestations of minerals and man-made mineral formations, the state water cadastre (underground waters), the state cadastre of zones increased natural hazard (zones of manifestation of hazardous geological processes), and also compiles and presents information on the zones of formation of fresh groundwater deposits according to the state cadastre of protected natural areas;

ensures, in cooperation with interested ministries and departments, state monitoring of subsoil, including monitoring of groundwater;

carries out works to attract foreign investment, conducts direct negotiations with foreign investors and submits proposals to the Cabinet of Ministers on granting them the right to use subsoil plots (within its competence);

issues, in accordance with the legislation, licenses for the right to use subsoil plots for geological exploration on conditions of entrepreneurial risk, mining, the use of man-made mineral formations, the formation of protected geological objects and the collection of samples of semi-precious stones, paleontological remains and other geological collection materials (with the exception of licenses for the right to use subsoil plots for the construction and operation of underground facilities not related to the extraction of minerals, artisanal mining of precious metals);

issues, in accordance with the legislation, mining allotment acts for the development of mineral deposits;

monitors compliance by subsoil users with the conditions established in licenses for the right to use subsoil plots, norms and rules in the field of design of geological exploration of subsoil;

conducts a preliminary survey of subsoil plots for the use of which licenses are issued, as well as subsequent supervision over compliance with the agreed volumes of mineral extraction and the procedure for exploitation of deposits;

The functions of controlling the construction of subsoil use objects are carried out by the Ministry of Energy, as indicated in para. 4.1., as well as by the State Committee for Geology, which regulates the use and protection of subsoil.

7.3. The State Committee of the Republic of Uzbekistan for Ecology and Environment Protection

A government body in the field of ecology, environmental protection, rational use and reproduction of natural resources is the State Committee of the Republic of Uzbekistan for Ecology and Environment Protection (hereinafter referred as to “Committee for Ecology”). Committee for Ecology operates on the basis of the Regulations on the State Committee of the Republic of Uzbekistan on Ecology and Environmental Protection (RCM dated January 15, 2019 No. 29).

The State Committee of Ecology performs the following functions:

carries out state environmental control over the fulfillment by legal entities and individuals of the legislation requirements in the field of environmental protection and rational use of natural resources, including:

established environmental standards for emissions of pollutants into the environment, generation and disposal of waste, as well as coordinated measures to reduce these emissions, discharges and waste to the established standards;

environmental safety requirements for the location, design, construction and commissioning of new and reconstructed enterprises and other facilities.

The State Committee for Ecology also conducts a state ecological examination of projects of state programs, concepts, schemes for the location and development of productive forces, sectors of the economy and the social sphere; materials for choosing land plots for all types of construction; pre-project and project documentation; draft technical regulations, environmental standards regulating economic and other activities related to the use of natural resources; documentation for the creation of new types of equipment, technologies, materials, substances, products; operating enterprises and other facilities that have a negative impact on the environment and health of citizens; materials on a comprehensive survey of territories in order to subsequently give them the status of protected natural areas, zones of an ecological emergency and ecological disaster; all types of urban planning documentation; objects with a special legal regime.

The State Committee of Ecology also issues in the prescribed manner and keeps records of:

permissive documents in the field of nature management and environmental protection;

licenses for the right to use subsoil for the construction and operation of underground facilities for the storage and disposal of waste;

conclusions of the state ecological expertise;

conclusions on the transit of dangerous goods within their powers;

conclusions for cutting trees and shrubs outside the state forest fund;

certificates of state registration of zoological collections.

Briefly, the State Committee of Ecology is a state body that ensures the absence or minimum degree of damage to the environment.

7.4. The State committee on industrial safety of the Republic of Uzbekistan

An authorized government body responsible for the implementation of a unified state policy and control in the field of radiation and nuclear safety at nuclear power and nuclear technology facilities, as well as in the field of industrial safety at hazardous production facilities is the State committee on industrial safety of the Republic of Uzbekistan (hereinafter referred as to “The State committee on industrial safety”). The State committee on industrial safety operates on the basis of the Regulation on the State committee on industrial safety of the Republic of Uzbekistan (RCM dated February 01, 2019 No. 75), and performs the following functions:

keeps records of hazardous production facilities in the state register of hazardous production facilities, as well as a register of permitting documents;

registers steam and hot water boilers, pressure vessels, steam and hot water pipelines and lifting structures used at hazardous industrial facilities, as well as amusement parks;

carries out state supervision and control over ensuring the safety of nuclear facilities and state supervision over the physical protection of nuclear facilities;

carries out licensing of certain types of activities within its competence;

monitors compliance by licensees with license requirements and conditions;

issues and cancels, in accordance with the established procedure, permits for certain types of work that are within the competence of the State committee on industrial safety;

coordinates work plans for the maintenance of individual critical technological stages of work, technological regulations;

considers and approves an expert opinion on the possibility of using foreign technologies and equipment in terms of industrial safety at controlled facilities;

organizes a safety review (safety analysis review) of nuclear facilities and (or) types of activities in the field of atomic energy use;

defines the technical requirements (in terms of the safety of works during the operation of mineral deposits and the preservation of mine workings suitable for use in sectors of the economy), mandatory for subsoil users during the liquidation and conservation of enterprises, mining facilities.

The State committee on industrial safety, which was formed in 2019, monitors the construction of hazardous industrial facilities that can be operated in nuclear thermal or hydroelectric power, or in other sectors of the economy.

8. Conclusion

The regulation of the construction of facilities is carried out at different levels of government bodies. The Ministry of Construction of the Republic of Uzbekistan, the Ministry of Energy of the Republic of Uzbekistan, the Ministry of Transport of the Republic of Uzbekistan, as well as the Ministry of Water Resources of the Republic of Uzbekistan, together with their subordinate organizations, directly control the process of construction of facilities in various fields. Meanwhile, the State Committees carry out auxiliary functions in ensuring the safety of industrial facilities, compliance with environmental protection standards, the use and protection of mineral resources, and state cadastres.

Governmental supervision in the sphere of construction

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