On implementation of the Resolution of the President of the Republic of Uzbekistan dated March 20, 2013 No RP-1940 “On the Program of Tourism Development in Khorezm region for 2013-2015” and creation of conditions for increase of investments and non-budgetary financing, maintenance of wider and effective use of these objects for cultural, educational and tourism purposes, on the basis of which interconnected in order to increase the number of objects of infrastructure and services, create new jobs, increase incomes and budgets at all levels, The Cabinet of Ministers decides:
1. To approve the Regulation on the procedure for leasing property of material cultural heritage and the territories adjacing to them with the acceptance of investment obligations for their improvement and maintenance in necessary condition according to the appendix.
2. The Government Commission (A.I. Ikramov) within two weeks to approve the rules of the commission.
within two months with the Ministry of Finance of the Republic of Uzbekistan to submit to the Cabinet of Ministers of the Republic of Uzbekistan a draft government decision to improve the activities of the Main scientific and production department for the protection and use of cultural heritage of the Ministry of Culture and Sports, including, specific funding sources and the procedure for restoration - restoration work on objects of material cultural heritage;
with the interested ministries and departments, within one month, bring the normative legal acts adopted by them in accordance with this resolution.
4. The third paragraph of paragraph 1 of the Regulation on the procedure for leasing state property approved by the Cabinet of Ministers of April 8, 2009 No. 102 (Collection of Laws of the Republic of Uzbekistan, 2009, No. 4, Article 26), supplement with the words “as well as objects “cultural heritage and adjacent territories with the adoption of investment obligations for their improvement and maintenance in necessary condition.”
5. The control over the implementation of this resolution shall be assigned to the First Deputy Prime Minister of the Republic of Uzbekistan R.S. Azimov and Deputy Prime Minister of the Republic of Uzbekistan A.I. Ikramov.
APPENDIX
to the resolution of the Cabinet of Ministers dated March 6, 2014 No. 53
to the resolution of the Cabinet of Ministers dated March 6, 2014 No. 53
1. This Regulation determines the procedure for leasing to the subjects of entrepreneurial activity objects of material cultural heritage and adjacent territories owned by the state, with the adoption of investment obligations for their improvement and maintenance in necessary condition.
lessee — a legal entity or individual - a business entity (resident or non-resident of the Republic of Uzbekistan) that has entered into an object lease agreement in the manner and on the conditions provided for by this Regulation;
landlord — centers for the rental of state property under the territorial departments of the State Committee of the Republic of Uzbekistan for the promotion of privatized enterprises and the development of competition;
land improvement — measures aimed at ensuring the safety, convenience and artistic expressiveness of the territory, carried out using measures to improve it through the use of land surface coverage, decorative landscaping and watering, the installation of non-capital structures and small architectural forms, outdoor lighting, visual information, advertising and other means, taking into account the historical appearance of the objects, and the creation of a favorable tourist infrastructure around them;
the external appearance of the object — the external appearance of the object at the time of its transfer to the lessee;
investment obligations — obligations for investments made by the tenant under the terms of the contract, in order to properly preserve, restore, improve and use the facility and the territory adjacent to it;
tender — a form for determining a tenant by selecting the best proposals submitted by applicants in accordance with the criteria and conditions specified in the tender announcement;
objects — objects of material cultural heritage, that is, monuments, ensembles and sights owned by the state and representing historical, scientific, artistic or other cultural value;
working body — the Main scientific and production department for the Protection and Use of cultural heritage of the Ministry of Culture of the Republic of Uzbekistan;
tender commission — a commission created by a working body and performing the functions provided for in paragraph 36 of these Regulations;
religious objects — objects at which public services, religious rites and ceremonies (religious educational institutions, mosques, churches, synagogues, monasteries and others) are constantly or temporarily held;
security board — a board made of marble, having an inscription indicating the name, date of creation of the object, and also that this object is an object of material cultural heritage and is under state protection, the shape and dimensions of which are determined by the working body;
applicant — a legal entity or individual — a business entity (resident or non-resident of the Republic of Uzbekistan), declaring its intention to participate in the competition for the selection of applicants for rental of material cultural heritage objects and adjacent territories with the adoption of investment obligations on the proposed conditions.
3. Objects included in the lists of objects of material cultural heritage transferred for rent with the adoption of investment obligations for their improvement and maintenance in necessary condition (hereinafter referred to as lists) may be leased.
4. The lists are provided by the Council of Ministers of the Republic of Karakalpakstan, khokimiyats of the regions and the city of Tashkent to the working body with the following documents and information:
copies of documents establishing ownership of the object and surrounding territory (certificate of state registration of the right to the land plot, certificate of state registration of the right to buildings, structures, perennial trees);
positive written opinion of the Committee on Religious Affairs under the Cabinet of Ministers of the Republic of Uzbekistan - on religious sites.
The working group, if necessary, can study the condition of objects included in lists and documents, with the involvement of qualified specialists.
5. Lists are considered by the working body with the involvement of qualified specialists and experts, are approved or refuse approval in connection with the provision of incomplete and (or) inaccurate documents and information specified in paragraph 4 of these Regulations.
6. After approval by the working body, the list is sent to the lessor with the terms of the lease of the facilities.
7. Transfer of objects for rent is carried out in accordance with the scheme in accordance with the appendix to this Regulation.
g) handicraft centers (pottery, sewing, needlework weaving, ganch and tree carving, making souvenirs), art and creative workshops;
9. Objects of worship may not be leased for the purposes specified in subparagraphs “d”, “j”, “z”, “i” and “l” of paragraph 8 of these Regulations.
Use of objects for other purposes not provided for by these Regulations is carried out only according to the decision of the tender committee.
11. The leased object, as well as the tenant's right to lease the object (or part thereof) cannot be alienated, pledged or otherwise ceded by the lessee to third parties. The lessee is not entitled to transfer the leased property to third parties, including on a sublease basis.
12. In order to lease objects, the lessor publishes advertisements for the objects being leased, accepts applications for the lease of objects and ensures their registration, confidentiality and safety.
13. Announcements on leased objects are subject to mandatory publication in periodicals, as well as on the official websites of the working body, the State Committee of the Republic of Uzbekistan for the promotion of privatized enterprises and the development of competition and the Chamber of Commerce and Industry of the Republic of Uzbekistan.
conditions for the transfer of objects, information about the leased object, including the conditions for restoration and restoration work, its conservation, improvement and use, cadastral information recorded in the State Cadastre of Objects of Material Cultural Heritage, and other necessary information;
The competitive commission includes representatives of the Ministry of Finance, the Ministry of Economy, the State Committee for the promotion of privatized enterprises and the development of competition, the Ministry of Construction, the State Committee for the development of tourism , the State Committee for Investments, respectively, the Council of Ministers of the Republic of Karakalpakstan, khokimiyats of the regions and the city of Tashkent, and also on religious sites - representatives of the Committee on Religious Affairs under the Cabinet of Ministers of the Republic of Uzbekistan and the Department of Muslims of Uzbekistan.
The competition commission, as a rule, at the location of the facility includes representatives of the relevant territorial bodies of ministries and departments indicated in the second paragraph of this clause.
Depending on the subject of the competition, the restoration commission, restoration specialists, representatives of design, expert and other organizations may be included in the competition commission.
The number of representatives of the working body should not exceed one quarter of the total number of members of the tender committee.
15. Received applications for participation in the tender by the lessor within three working days are submitted to the working body.
16. The working body with the participation of the lessor, within ten working days, examines the proposals received for their compliance with the terms of the tender, approves the composition of the tender committee for the tender, determines the time and place of the tender.
18. Organization of the preparation and conduct of the tender (expert evaluation of the proposals received, execution of the documents considered by the tender Commission, as well as the management of the tender committee) are carried out by the working body.
20. Meetings of the tender committee are held as necessary with the participation of at least three quarters of its members.
21. Decisions of the competitive commission are made by a simple majority of votes of the members of the competitive commission present at the meeting. If the votes are equal, the vote of the chairman of the tender committee is decisive.
22. Decisions of the tender committee are drawn up in a protocol. The protocol is signed by the members of the tender committee and approved by its chairman.
When signing the protocol, the members of the tender committee are entitled to append their dissenting opinion in writing to the protocol.
23. Decisions of the tender committee to determine the winner of the tender shall be sent to the lessor within one day after signing the protocol.
24. On the basis of the protocol on the results of the consideration of proposals, a lease agreement for the corresponding object is concluded.
25. In the absence of interest, within one month after the tendering and recognition of the tender for the lease of the material cultural heritage object and the adjacent territory with the acceptance of investment obligations as failed, the lessor publishes an announcement on its lease by direct negotiations (public offer) on the conditions determined by the working body, and in the manner prescribed by this Regulation.
26. An object lease agreement is concluded between the working bodies, the balance holder, the lessor and the lessee. The contract must be signed by all parties within the period specified in the minutes of the consideration of proposals.
tenant's security obligation in relation to the object (obligation to maintain the object and preserve its appearance, as well as historical interior details);
the condition to prevent the production of all types of work at the facility, including changing its appearance, interior and surrounding area, without written approval from the working bodies;
the tenant's obligation to carry out restoration and other works exclusively in accordance with the project agreed with the Ministry of Culture of the Republic of Uzbekistan;
the tenant's obligation to create amenities for visitors and tourists (including toilets equipped in accordance with the requirements of current sanitary and urban planning norms and rules);
the procedure and deadlines for the tenant to submit reports on the status of fulfillment of its obligations;
the powers of the working body, the balance holder and the lessor to monitor the implementation of the contract;
28. In order to ensure the fulfillment of contractual obligations, the lease agreement also provides for conditions for early termination of the contract at the request of the lessor in the following cases:
performance restoration and other works at the facility without a project, without coordination with the Ministry of Culture of the Republic of Uzbekistan or in violation of the approved project;
the establishment of facts when the actions of the tenant lead to damage to the property or its destruction.
29. An object lease agreement is concluded for a period of up to five years. Extension of the lease is based on the decision of the tender committee.
291. Objects of material cultural heritage in the territory of which tourist infrastructure facilities are located or will be created, including accommodation facilities, are leased for a period of up to thirty years, but not less than ten years.
At the same time, tenants are exempted from paying rent for the first five years, provided that an amount equal to payment of the rent for five years is allocated for the restoration and conservation of the material cultural heritage objects in whose territory they are located, as well as compliance with the norms for safeguarding material cultural heritage objects. Extension of the lease is based on the decision of the tender committee.
30. In order to account for the objects leased, the lessor, after concluding the lease, makes an entry in the register, and on each copy of the original lease, puts a note on the account, indicating the date and number of the account, certifies it with a seal.
The originals of the lease agreement, drawn up in four copies, are transmitted one copy to the working body, the lessee, the balance holder and one copy remains with the lessor.
32. Tenants are exempt from paying rent in the amount of 80 percent of the estimated rent for a period of five years from the date of conclusion of the contract. This period may be extended in cases of extension of the contract on the basis of a decision of the tender committee.
The remaining part of the estimated cost of the rent, as well as the amount of the penalty for late payment of the rent and the penalty for breach of contractual obligations, are transferred to the lessor’s transit accounts and must be distributed in one working day in the following order:
33. The minimum amount of investment obligations of the tenant of an object cannot be lower than the annual amount of the rent calculated in accordance with the legislation on the date of conclusion of the lease, multiplied by the validity period (number of years) of the lease.
34. Calculation of the rent (reference rental rate) for the transferred objects is determined in accordance with paragraph 9 of the Regulation on the procedure for leasing state property, approved by the Cabinet of Ministers of April 8, 2009 No. 102.
35. The rent is paid by the lessee in equal periodic (quarterly, monthly, etc.) payments, calculated on the basis of the last established rental amount and the remaining lease term. Payment is made in the form of a one hundred percent prepayment for each subsequent period (quarter, month, etc.) within the time periods specified in the long-term lease of the object.
creates equal competitive conditions for bidders on the basis of the principles of transparency, objectivity of assessment and unity of requirements;
carries out the selection of the most advantageous offers of applicants for the transfer of objects for rent.
develops calculations and other documentation for the restoration and restoration work at the facilities leased;
makes proposals to the tender committee on the financial and technical conditions for the preparation and conduct of the tender, on the procedure for evaluating investment proposals, on the criteria for choosing a winner, on the procedure and terms of payments;
organizes monitoring of the maintenance of the proper state, preservation and improvement of objects for which decisions of the tender committee on their transfer to lease were taken;
at the request of applicants, provides them with the opportunity to familiarize themselves with the leased object, its characteristics and other information related to it;
receives from the state administration bodies, local government bodies the information necessary to ensure the tasks assigned to it;
solves organizational issues related to the preparation and conduct of meetings of the competitive commission;
approves information on each object specified in the rental advertisements of the object in accordance with paragraph 14 of this Regulation individually;
takes part in the lease agreement for the facility and ensures registration, confidentiality and safety of contracts;
develops and agrees with the working body and suppliers of utility and maintenance services (if necessary) a draft contract for the provision of the leased property with appropriate services;
extension of the contract for the next term by decision of the tender committee, subject to proper fulfillment of investment obligations by him.
ensure respect and compliance with the regime for the proper maintenance and efficient use of objects, gardens, parks, structures, works of art, objects of historical and artistic significance;
submit periodic information about the condition of the facility and the fulfillment of contractual obligations to the working body within the time period stipulated by the lease
ensure in the established manner the development and conduct of state examination of design estimates of restoration and restoration works, as well as other works;
monthly determine the volume and quality of restoration and restoration work carried out at the facility, as well as during the development of design and estimate documentation, provide for the costs of control measurements following the completion of these works in the amount of not more than 3% of the cost of design and estimate documentation;
conclude an agreement with the territorial bodies of the working body on the appointment of a controller of scientific and technical supervision to determine the volume and quality of the restoration, restoration and other works at the facility;
comply with the requirements of state bodies and their officials, not contradicting the norms of legislation;
41. During the term of the lease, The Working body exercises regular control over the proper fulfillment by the lessee of the obligations assumed in accordance with the lease by:
studying at the place of progress in fulfilling contractual obligations and the condition of the facility;
inspect, if necessary, the physical condition of the object, without interfering with the economic activity of the tenant;
study the state of compliance with the conditions of use of the leased object, the tenant's compliance with the rights of third parties (easement, pledge, etc.);
42. Control over the timely and proper accrual, payment of rent on the leased facility is carried out by the lessor.
43. Control and monitoring of the implementation of investment obligations is carried out by the Main Audit Office of the Ministry of Finance of the Republic of Uzbekistan.
44. Violation of the terms of this Regulation entails liability in accordance with the legislation of the Republic of Uzbekistan.
APPENDIX
to the Regulation on the procedure for leasing property of material cultural heritage and the territories adjacing to them with the acceptance of investment obligations for their improvement and maintenance in necessary condition
to the Regulation on the procedure for leasing property of material cultural heritage and the territories adjacing to them with the acceptance of investment obligations for their improvement and maintenance in necessary condition