On the openness of the activities of public authorities and management (LRU-369-son)
On the openness of the activities of public authorities and management (LRU-369-son)
05.05.2014
Law of the Republic of Uzbekistan
Adopted by the Legislative Chamber on March 11, 2014 Approved by the Senate on April 10, 2014
Chapter 1. General provisions
Article 1. Purpose and main tasks of this Law
The purpose of this Law is to regulate relations in the sphere of openness of the activities of public authorities and administration.
The main tasks of this Law are as follows:
to ensure the use by individuals and legal entities of information about the activities of public authorities and administration;
to ensure guarantees of the right to obtain information about the activities of public authorities and administration;
to increase the responsibility of public authorities and administration and their officials for decisions taken;
to establish the procedure for disseminating information on the activities of public authorities and administration.
Article 2. Legislation on openness of the activities of public authorities and administration
The legislation on openness of the activities of public authorities and administration consists of this Law and other legislative acts.
If an international treaty of the Republic of Uzbekistan establishes rules different from those provided for by the legislation of the Republic of Uzbekistan on openness of the activities of public authorities and administration, the rules of the international treaty shall apply.
Article 3. Scope of application of this Law
This Law applies to ensuring openness of the activities of public authorities and administration, as well as their structural and territorial subdivisions.
The effect of this Law does not extend to:
the procedure for ensuring the use of personal data of individuals;
the procedure for consideration of applications, proposals, and complaints by public authorities and administration;
the procedure for submission of information by public authorities and administration to other bodies of state power and administration in connection with the exercise of their powers;
certain types of information related to the activities of public authorities and administration, if the specific features of their provision are stipulated by other legislative acts.
Article 4. Basic principles of openness of the activities of public authorities and administration
The basic principles of openness of the activities of public authorities and administration are as follows:
accessibility, timeliness, and reliability of the information provided by them;
openness and openness of their activities;
freedom to search for, obtain, and disseminate information on the activities of public authorities and administration;
observance, in providing information on the activities of public authorities and administration, of the rights and legitimate interests of citizens to protection of their honor and dignity against encroachments, to protection from interference in their private life, as well as of the rights of citizens and legal entities to protection of their business reputation.
Article 5. Information on the activities of public authorities and administration
Information on the activities of public authorities and administration includes:
normative legal acts defining the legal status of public authorities and administration, their structural and territorial subdivisions;
normative legal acts, normative and other documents adopted by public authorities and administration, as well as information on the course of their implementation;
information on amendments and additions made to normative legal acts, normative and other documents adopted by public authorities and administration, as well as information on recognition of such documents as no longer in force;
information on draft normative legal acts, normative and other documents being developed by public authorities and administration;
information on the implementation of state programs and other programs by public authorities and administration;
information on the use of budgetary funds, extra-budgetary funds of budgetary organizations, on tenders held (procurements) and supply of received goods, on the achievement of target indicators set at the expense of budget and extra-budgetary funds of ministries and agencies, as well as on expenditure of funds in terms of items of economic classification of expenditures, which shall be posted by ministries, agencies, state targeted funds and other budget fund distributors on their official websites;
information on public events (meetings, councils, receptions, press conferences, briefings, seminars, round tables and others) held by public authorities and administration;
information on cooperation of public authorities and administration with other public authorities and administration, individuals and legal entities, as well as with foreign and international organizations;
information on international treaties of the Republic of Uzbekistan in the implementation of which public authorities and administration participate;
information on the main indicators characterizing the state and development dynamics of the sector (territory) related to the sphere of activity of public authorities and administration, including indicators of socio-economic development;
information on open tenders (procurements) and auctions held (organized) by public authorities and administration;
information on vacant positions, conditions of employment and requirements for candidates to fill vacancies;
information on coordinating and advisory bodies established by public authorities and administration;
plans for holding open collegial meetings of public authorities and administration, including draft agendas, the date, place and time of meetings, and the procedure for attendance.
Information on the activities of public authorities and administration may also include other information in accordance with legislation.
Public authorities and administration shall approve the list of information on their activities in accordance with the provisions of this article.
Representative bodies of state power (the chambers of the Oliy Majlis of the Republic of Uzbekistan, the Jokargy Kenes of the Republic of Karakalpakstan, councils of peopleʼs deputies of regions, districts and cities), their committees (standing commissions), and commissions shall, in order to ensure openness, provide timely publication of information on their activities, including information on planned meetings and events, issues to be considered, and decisions adopted.
Article 6. Information on the activities of public authorities and administration with restricted use
Use of information on the activities of public authorities and administration shall be restricted if such information is classified as state secrets or other secrets protected by law in the manner prescribed by law.
The list of information on the activities of public authorities and administration with restricted use, as well as the procedure for classifying information as such, shall be determined by legislation.
Article 7. Information user and his rights
An individual or legal entity searching for information on the activities of public authorities and administration shall be considered an information user.
An information user shall have the right to:
obtain and disseminate reliable information on the activities of public authorities and administration;
apply directly or through his representatives with a request to obtain the information specified in Article 5 of this Law;
appeal against refusal to provide information on the activities of public authorities and administration.
An information user may also have other rights in accordance with legislation.
Article 8. Powers of the heads of public authorities and administration in the sphere of ensuring openness of the activities of public authorities and administration
The powers of the heads of public authorities and administration in the sphere of ensuring openness of the activities of public authorities and administration include:
coordinating the activities of structural and territorial subdivisions of public authorities and administration to ensure the use by information users of information on their activities;
organizing the development and adoption of normative legal acts, normative and other documents regulating the procedure for providing information on the activities of public authorities and administration;
organizing monitoring and continuous comprehensive evaluation of measures undertaken to ensure openness of the activities of public authorities and administration;
designating officials responsible for providing information on the activities of public authorities and administration;
approving the list of information on the activities of public authorities and administration to be posted on their official websites;
approving the list of information on the activities of public authorities and administration with restricted use in accordance with legislation;
approving information materials on the activities of public authorities and administration that are to be published;
establishing the procedure for attendance of information users at open collegial meetings of public authorities and administration;
ensuring free use by information users of information on the activities of public authorities and administration, except in cases provided for in part one of Article 6 of this Law;
ensuring the timely provision and reliability of information on the activities of public authorities and administration to be posted on their official websites;
taking appropriate measures against officials of public authorities and administration who violate the legislation on openness of the activities of public authorities and administration.
Heads of public authorities and administration may also exercise other powers in the sphere of ensuring openness of the activities of public authorities and administration in accordance with legislation.
Article 9. Sources of information on the activities of public authorities and administration
Sources of information on the activities of public authorities and administration are:
official publications of public authorities and administration;
speeches and statements of the heads of public authorities and administration, as well as of officials authorized by such bodies;
reports of the information services of public authorities and administration;
materials of the official websites of public authorities and administration;
materials of mass media.
Other sources may also be sources of information on the activities of public authorities and administration in accordance with legislation.
Article 10. Information service of public authorities and administration
The structural subdivision of a public authority and administration performing the tasks of preparing and disseminating information on its activities, as well as ensuring cooperation with mass media and the public, or a person entrusted with such tasks, shall be the information service of the public authority and administration (hereinafter in the text referred to as the information service).
The information service shall take measures to cover the activities of public authorities and administration in mass media by organizing public events, disseminating information messages (press releases, bulletins, etc.), as well as by posting and updating information on their activities on the official website of public authorities and administration. The information service may also use other methods of disseminating information on the activities of public authorities and administration that are not contrary to legislation.
The procedure for organizing the activities of the information service shall be determined by public authorities and administration.
Chapter 2. Procedure for ensuring openness of the activities of public authorities and administration
Article 11. Methods for ensuring openness of the activities of public authorities and administration
The methods for ensuring openness of the activities of public authorities and administration shall consist of:
publishing (printing) information on the activities of public authorities and administration;
posting and regularly updating information on the activities of public authorities and administration on their official websites;
posting and regularly updating information on the activities of public authorities and administration in rooms and places accessible to everyone;
providing information on the activities of public authorities and administration through information-library and archival funds;
creating conditions for information users to be present at open collegial meetings of public authorities and administration;
providing information users, upon request, with oral and written (including electronic) information on the activities of public authorities and administration.
Openness of the activities of public authorities and administration may also be ensured by other methods in accordance with legislation.
Article 12. Publication (printing) of information on the activities of public authorities and administration
Publication (printing) of information on the activities of public authorities and administration shall be carried out through their official publications, official websites, as well as mass media.
Article 13. Official websites of public authorities and administration
The official websites of public authorities and administration are publicly accessible resources on the Internet that belong to such bodies or to a higher authority in the chain of subordination, are identified as official websites, and contain information on their activities. In addition to the information specified in part one of Article 5 of this Law, the following may be posted on the official websites of public authorities and administration:
reference information about the heads of public authorities and administration (biographical data, reception days for citizens, etc.);
information on the working procedures of public authorities and administration and of their structural and territorial subdivisions, their telephone numbers and postal addresses, e-mail addresses, numbers of inquiry and hotlines, public transport routes, stop names and route numbers;
texts of speeches and statements by the heads of public authorities and administration, as well as by officials authorized by such bodies;
information on the procedure for accrediting mass media representatives with public authorities and administration;
a list of state services provided by public authorities and administration;
analytical reports and informational reviews on the activities of public authorities and administration;
information on the procedure for receiving applications, proposals and complaints;
information on the procedure for receiving requests to obtain information on the activities of public authorities and administration;
information on the general results of consideration of received applications, proposals and complaints, as well as of requests to obtain information on the activities of public authorities and administration;
materials devoted to the nature and significance of preventive measures being implemented, information on the state of legality and the level of crime, information on offenses committed and measures taken to curb them.
Other information on their activities may also be posted on official websites of public authorities and administration in accordance with legislation.
Information on official websites of public authorities and administration shall be posted in the state language. The official website may also have versions in other languages.
Information posted on official websites by public authorities and administration shall bear the date of posting and shall be updated periodically. The frequency of updates shall be determined by public authorities and administration, but shall be at least once a week.
Information posted on the official websites of public authorities and administration must be reliable and shall have the same legal effect as information published in mass media.
Article 14. Posting information on the activities of public authorities and administration in rooms and places accessible to everyone
Public authorities and administration shall place information stands and/or other technical means intended for this purpose in publicly accessible rooms they occupy and/or in other designated places so that information users can familiarize themselves with information on the activities of the relevant body.
The following shall be available on such information stands and/or other technical means:
a list of normative legal acts defining the legal status of public authorities and administration;
information on the working procedures of public authorities and administration, numbers of inquiry and hotlines;
information on planned open collegial meetings of public authorities and administration;
information on the procedure for receiving applications, proposals and complaints;
information on the procedure for receiving requests to obtain information on the activities of public authorities and administration;
a list of state services provided by public authorities and administration.
Other information on the activities of public authorities and administration may also be posted on such information stands and/or other technical means in accordance with legislation.
Article 15. Providing information on the activities of public authorities and administration through information-library and archival funds
Public authorities and administration shall provide information on the activities of public authorities and administration through information-library and archival funds in the manner prescribed by legislation.
Article 16. Creating conditions for the presence of information users at open collegial meetings of public authorities and administration
Collegial meetings of public authorities and administration shall be held openly, except in cases provided for by legislation.
Public authorities and administration shall create conditions for information users to be present at their open collegial meetings.
The procedure for the presence of information users at open collegial meetings of public authorities and administration shall be determined by the relevant normative documents of such bodies.
Article 17. Ensuring the use by mass media representatives of information on the activities of public authorities and administration
For the purpose of ensuring openness of their activities, public authorities and administration may carry out accreditation of mass media representatives with such bodies. Public authorities and administration shall notify accredited mass media representatives in advance about events to be held and shall assist them in performing their professional duties.
Accredited mass media representatives shall have the right to:
receive in advance information on upcoming open collegial meetings and other public events;
enter, in the manner established by the accrediting body, the buildings (rooms) and other facilities of the accrediting body;
be present at open collegial meetings and other public events;
request and receive from responsible officials of the accrediting body the necessary documents and materials, familiarize themselves with recordings of public events and obtain copies thereof;
use the obtained recordings in preparing mass media materials.
Accredited mass media representatives may also have other rights in accordance with legislation.
Chapter 3. Procedure for consideration of a request to obtain information on the activities of public authorities and administration
Article 18. Request to obtain information on the activities of public authorities and administration
A request to obtain information on the activities of public authorities and administration (hereinafter in the text referred to as “request”) shall be an oral or written (including in the form of an electronic document) demand of an information user addressed to public authorities and administration and/or their officials for the provision of information on their activities.
Article 19. Time limits and procedure for consideration of a request
A request of an information user shall be considered within no more than fifteen days from the date of its registration.
A request of a mass media entity for obtaining information on the activities of public authorities and administration, as well as for organizing interviews with officials, shall be considered within no more than seven days.
If consideration of a request of an information user does not fall within the competence of public authorities and administration, the request shall be forwarded within three working days from the date of registration to the body authorized to provide the requested information, and the information user shall be notified thereof.
When the requested information has been published (printed) in official publications, in mass media, or posted on official websites, the response to the request may contain a reference to the name of the official publication or mass media, the date and number of its release, and/or the electronic address of the official website where the requested information is posted.
If public authorities and administration do not possess information on the powers of other bodies of state power and administration in connection with the received request, the information user shall be sent an appropriate response within three working days from the date of registration of the request.
In case of refusal of a request, the information user shall be sent a reasoned response.
Article 20. Requirements for a request
A request of an individual shall contain information about his surname, name, patronymic, place of residence, and shall state the substance of the request.
A request of a legal entity shall contain its full corporate name, information about its location (postal address), and shall state the substance of the request.
Written requests must be certified by the personal signature of the information user. If it is not possible to certify the request with a personal signature, it must additionally be certified by the signature of the drafter, with the indication of his surname, name and patronymic.
A request that does not contain information allowing identification of the information user shall be considered anonymous and shall not be considered.
A request shall be sent to the public authority and administration or official authorized to provide information on the issues raised therein.
A request sent in accordance with the established procedure must be considered.
Chapter 4. Concluding provisions
Article 21. Settlement of disputes
Disputes in the sphere of openness of the activities of public authorities and administration shall be settled in the manner prescribed by legislation.
Article 22. Liability for violation of legislation on openness of the activities of public authorities and administration
Persons guilty of violating legislation on openness of the activities of public authorities and administration shall be held liable in the manner prescribed.
Article 23. Bringing legal acts into conformity with this Law
The Cabinet of Ministers of the Republic of Uzbekistan shall:
bring governmental decisions into conformity with this Law;
ensure that state administration bodies review and repeal their normative legal acts which contradict this Law.
Article 24. Entry into force of this Law
This Law shall enter into force on the date of its official publication.
President of the Republic of Uzbekistan I. KARIMOV
