Lecture №2 Theme: Business in Public health services

The plan: 1. Illegal business in Public health services system. 2 The plan: 1. Illegal business in Public health services system. 2. Concept лжепредпринимательства in Public health services. 3. Illegal use of a trade mark. 4. Bankruptcy, its kinds and occurrence.

Carrying out the activity, the organisations it is free or can involuntarily break rules of conducting enterprise activity. However it is necessary to remember, that for infringements of rules of conducting enterprise activity can be applied not only measures of financial and tax responsibility to the organisation, but also criminal - to the head.

Illegal business According to article 34 of Constitution UZB any citizen of Uzbekistan has the right to be engaged in enterprise and other economic activities not forbidden by the law. To conduct enterprise activity, it is necessary to be registered in corresponding state body and to receive the certificate on registration and if it is necessary (in the cases established by the law) also the licence. Otherwise activity of persons (which in the presence of registration and the licence could be recognised by enterprise) is classified as illegal business. The criminal liability for realisation of enterprise activity without registration or without the licence is provided by article 171 of the Criminal code Uzbekistan (further - УК Uzbekistan).

The person who is carrying out enterprise activity without the licence (if that is necessary) or with infringement of conditions and the requirements specified in the licence, can be involved in the criminal liability, if simultaneously: *Are broken licensing conditions; *It is caused the large damage or is taken the income in the large size; *It is established, that the large damage or the income in the large size has arisen because of infringement of conditions of licensing;

Infringement of conditions of licensing are: Realisation of the enterprise activity which has been not specified in the licence; Non-observance of technical requirements to realisation of a kind of the activity provided in the licence (the size of the necessary area, sanitary norms, the equipment, etc.); Ignoring of the obligatory rules ordering, for example, to use cash registers to mark production

For illegal enterprise activity УК Uzbekistan provides one of following punishments: The penalty at the rate from 300 to 500 minimum wage rates or at a rate of wages of the infringer for the period from three about five months; Obligatory works for the term from 180 till 240 o'clock; Arrest for the term from four about six months; Imprisonment for the term up to three years

Лжепредпринимательство includes: Лжепредпринимательство includes: *Absence at founders of the created commercial organisation of intentions to carry out enterprise or bank activity; *Presence the purposes of the organisation contradicting the law; *Causing a large damage to the state, citizens, the organisations

Лжепредпринимательство it is punished: The penalty at the rate from 200 to 500 minimum wage rates or at a rate of wages condemned for the period from two about five months; Imprisonment for the term up to four years and simultaneously collecting of the penalty at the rate to 50 minimum wage rates or at a rate of wages condemned for the period about one month (or without such penalty)

Questions for theme fastening: What do you understand as illegal business? What is the deliberate bankruptcy? Illegal use of a trade mark? Similar lines and distinctions of "Fictitious" and "usual" bankruptcy? Explain concept «лжепредпринимательства»?