A proposal has been put forward in Uzbekistan to introduce an electronic system called 'Risk Analysis,' which is designed to automatically assess the probability that entrepreneurs will violate current legislation. The results of this assessment will be used to prevent such violations and to plan control measures more effectively.
The Agency for Narcotics and Firearms Control under the Presidential Administration developed the draft regulation on the procedure for implementing this system. This document is already available on the public discussion portal for normative legal acts, and the discussion period has been extended until October 11.
According to the submitted draft, the system will independently determine the level of risk based on pre-established criteria, excluding human involvement in the process. Data obtained through interdepartmental electronic interaction will be used for the analysis. This data includes information on licenses and permits, statistical data, confirmed appeals from citizens and legal entities, media and open-source materials, as well as reports from inspections conducted by other state bodies, including control purchases.
It is important to note that when conducting the analysis, entrepreneurs will not be required to provide any documents or information. Furthermore, the assessment process itself must not create obstacles or slow down commercial activity. However, the system will only assess entrepreneurs whose activities fall under the competence of this agency.
The risk level assigned by the system cannot serve as a legal basis for imposing fines or revoking licenses; its function is strictly limited to preventing violations and planning inspections.
Risk Classification and Inspections
Following the assessment, entrepreneurs will be distributed into three categories: high risk (scoring from 81 to 100 points), medium risk (from 61 to 80 points), and low risk (less than 61 points).
Inspections of enterprises with low risk levels will not be conducted, except in situations explicitly provided for by law as emergencies. Special criteria have been established for entrepreneurs who work with narcotic drugs, psychotropic and potent substances, as well as precursors.
The system will also take into account factors such as the absence of necessary licenses and certificates of conformity to national standards of good practices at pharmacies, wholesale warehouses, and manufacturers, as well as the lack of a medical license for non-state medical organizations. Violations related to the import, export, and transit of substances, operating outside licensed addresses, and selling unregistered substances are also considered.
Separate indicators have been established for transporting these substances by various modes of transport (road, rail, and air). For example, 35 points are proposed for inadequately sealed or damaged packaging, 25 points for transportation without mandatory accompaniment by a responsible person, and 20 points for the absence of an approved consignment note.
Entrepreneurs who disagree with the results of the analysis have the right to appeal them either in court or to a higher authority. If the document is approved, it will come into effect three months after its official publication.
