On public control (LRU-474-son)
12.04.2018
Law of the Republic of Uzbekistan
Adopted by the Legislative Chamber on November 15, 2017 Approved by the Senate on March 29, 2018
Article 1. Purpose of this Law
The purpose of this Law is to regulate relations in the sphere of organizing and implementing public control over the activities of state bodies and institutions (hereinafter referred to as state bodies).
Article 2. Legislation on public control
The legislation on public control consists of this Law and other legislative acts.
the specific features of the implementation of public control by trade unions may be established by the legislation.
the implementation of public control in the sphere of preparation and holding of referendums, elections, as well as defense, public security and law and order, operative-search activity, inquiry, preliminary investigation, court proceedings, and the execution of penalties shall be regulated by separate legislation.
Article 3. Subjects of public control
Citizens of the Republic of Uzbekistan (hereinafter referred to as citizens), citizens' self-governance bodies, as well as non-governmental non-profit organizations registered in the manner established by the legislation, and mass media shall be the subjects of public control.
Public control may also be implemented by public councils, commissions, and other public organizational structures in accordance with the legislation.
Article 4. Object of public control
The activity of state bodies and their officials regarding:
the consideration of public interests and public opinion in the adopted normative legitimate acts, decisions, as well as state, sectoral, and territorial development programs;
the assurance of the implementation of legislative requirements in the sphere of protecting the rights and legitimate interests of citizens, legal entities, and the interests of society;
the fulfillment of tasks and functions entrusted to them that concern social and public interests;
the rendering of state services;
the execution of agreements, contracts, projects, and programs carried out within the framework of social partnership shall be the object of public control.
Article 5. Main principles of public control
The main principles of public control shall be:
legality;
priority of the rights, freedoms, and legitimate interests of citizens;
voluntariness of participation in the implementation of public control;
publicity and openness of the implementation of public control;
objectivity and disinterestedness of the subjects of public control;
reliability of the results of public control;
inadmissibility of the unsubstantiated interference of the subjects of public control in the activity of state bodies and their officials, and the unlawful influence on them.
Article 6. Forms of public control
The forms of public control shall be:
appeals and inquiries to state bodies;
participation in open board meetings of state bodies;
public discussion;
public hearing;
public monitoring;
public expertise;
study of public opinion;
hearing of reports and information from officials of state bodies by citizens' self-governance bodies.
Public control may also be implemented in other forms in accordance with the legislation.
Article 7. Appeals and inquiries to state bodies
The subjects of public control shall have the right to appeal to state bodies with applications, complaints, and proposals, as well as to send inquiries to them in the manner established by the legislation.
The appeals and inquiries of the subjects of public control shall be reviewed by state bodies in the manner established by the legislation.
The right of the subjects of public control to receive information may be restricted if this information is classified as personal data or information constituting state secrets or other secrets protected by Law.
Article 8. Participation in open board meetings of state bodies
The subjects of public control shall have the right to participate in open board meetings of state bodies in the manner established by the legislation.
State bodies shall create conditions for the participation of the subjects of public control in their open board meetings.
Article 9. Public discussion
Public discussion is the public discussion of socially significant issues, as well as drafts of normative legitimate acts and other decisions of state bodies.
Public discussion may be held by non-governmental non-profit organizations, citizens' self-governance bodies, and mass media.
Public discussion may be held with the participation of representatives of various social groups, including individuals whose rights and legitimate interests the discussed issue concerns or may concern.
Public discussion shall be held publicly and openly. The participants of the public discussion shall have the right to freely express their opinions and submit proposals on the issues included in the public discussion. public discussion may also be held through mass media and by using information and communication technologies.
The organizer of the public discussion shall announce in advance the information about the issues to be included in the public discussion, and the term and procedure for holding the discussion. hereby, the organizer shall ensure free access for all participants of the public discussion to the materials at their disposal that relate to the issues included in the public discussion.
Article 10. Public hearing
Public hearing is a meeting organized to discuss issues related to the activities of state bodies and their officials that are of social significance or concern the rights and legitimate interests of citizens, legal entities, and the interests of society.
Public hearing may be held by non-governmental non-profit organizations, citizens' self-governance bodies, and mass media.
Public hearing may be held with the participation of representatives of various social groups, including individuals whose rights and legitimate interests the discussed issue concerns or may concern.
Public hearing shall be held publicly and openly. The participants of the public hearing shall have the right to freely express their opinions and submit proposals on the issues included in the public hearing.
The organizer of the public hearing shall announce in advance the information about the issues to be included in the public hearing, and the term and procedure for holding the hearing. hereby, the organizer shall ensure free access for all participants of the public hearing to the materials at their disposal that relate to the issues included in the public hearing.
Article 11. Public monitoring
Public monitoring is the observation of the activities of state bodies and their officials by collecting, generalizing, and analyzing information concerning the public interest.
Public monitoring may be held by non-governmental non-profit organizations, citizens' self-governance bodies, and other subjects of public control in cases provided for by the legislation.
Public monitoring shall be held publicly and openly. Public monitoring may also be held using information and communication technologies.
The organizer of the public monitoring shall announce in advance the information about the object of the public monitoring, and the term and procedure for holding it.
Article 12. Public expertise
Public expertise is the study and assessment of drafts of normative legitimate acts and other decisions of state bodies to determine their conformity with the rights and legitimate interests of citizens, legal entities, and the interests of society.
Public expertise may be held by non-governmental non-profit organizations, citizens' self-governance bodies, and mass media in cases provided for by the legislation.
The organizer of the public expertise may also involve specialists with the necessary knowledge and experience in the relevant field on a public basis.
Article 13. Study of public opinion
Study of public opinion is the collection, generalization, and analysis of information for the purpose of assessing the opinion of various social groups regarding drafts of normative legitimate acts and the activities of state bodies and their officials concerning compliance with legislative requirements and the assurance of the rights and legitimate interests of citizens, legal entities, and the interests of society.
Study of public opinion may be held by non-governmental non-profit organizations, citizens' self-governance bodies, and mass media in accordance with the legislation.
Article 14. Hearing of reports and information from officials of state bodies by citizens' self-governance bodies
The citizens' assembly shall hear:
reports of the heads of the executive power bodies of the Republic of Karakalpakstan, regions, the City of Tashkent, districts, and cities on issues falling within the sphere of the activities of the citizens' assemblies;
reports of prevention inspectors of internal affairs bodies and heads of local educational institutions;
information from the heads of the respective family polyclinics and rural medical points;
reports of the heads of organizations located in the respective territory on issues related to environmental protection, the sanitary condition of the territory, its improvement, and landscaping.
Article 15. Rights and obligations of the subjects of public control
The subjects of public control shall have the right:
to initiate, organize, and participate in events when implementing public control;
to request information necessary for the implementation of public control from state bodies in accordance with the legislation;
to prepare proposals and recommendations based on the results of public control and send them to the relevant state bodies for review;
to send materials to law enforcement bodies if facts of violation of the rights and legitimate interests of citizens, legal entities, and the interests of society are discovered;
to appeal against the unlawful decisions of state bodies, and the actions (inaction) of their officials to a superior body or official in the order of subordination, or to a court in the manner established by the law;
to publish the results of public control.
The subjects of public control may also have other rights in accordance with the legislation.
The subjects of public control shall:
comply with the requirements of the legislation on public control;
comply with the restrictions related to the activities of state bodies established by the law;
not interfere with the activities carried out by state bodies and their officials within their powers;
not create obstacles for the functioning of state bodies, as well as the activities of their officials;
not allow the humiliation of the honor and dignity of citizens or interference in their personal life;
observe the confidentiality of information obtained during the implementation of public control if the dissemination of that information is restricted by the Law.
The subjects of public control may also have other obligations in accordance with the legislation.
Article 16. Rights and obligations of state bodies in the sphere of public control
State bodies shall have the right:
to receive information from the subjects of public control about the implementation of public control and its results;
to send justified objections to the subjects of public control regarding the proposals and recommendations specified in the final documents prepared based on the results of public control;
to post information on issues of public control over the activities they carry out on their official websites, as well as in the mass media;
to initiate the holding of public control.
State bodies may also have other rights in accordance with the legislation.
State bodies shall:
provide information about their activities concerning the public interest to the subjects of public control in the cases and procedures established by the legislation;
review the appeals and inquiries sent by the subjects of public control in the manner and terms established by the legislation, and provide answers to the appeals and the requested information, with the exception of information constituting state secrets or other secrets protected by the law, or information the transfer of which may threaten public order and the lives of citizens;
review the proposals and recommendations, as well as the final documents and materials, sent by the subjects of public control.
State bodies may also have other obligations in accordance with the legislation.
Article 17. Results of public control
A final document in the form of a report, conclusion, note, or in another form provided for by the legislation may be prepared based on the results of public control.
The final document shall be informative and recommendatory in nature.
The information, recommendations, and proposals set out in the final document shall be subject to mandatory review by state bodies, and legitimate decisions shall be adopted on them.
The final document shall be reviewed within a period of up to one month from the date of its receipt by the state body, with the exception of final documents that require additional study, about which the subject of public control who submitted the final document shall be notified in writing within a ten-day period.
Article 18. Responsibility for violation of the legislation on public control
Persons guilty of violating the legislation on public control shall be held responsible in the established manner.
Article 19. Assurance of the implementation, communication, explanation of the essence and significance of this Law
The Cabinet of Ministers of the Republic of Uzbekistan and other interested organizations shall assure the implementation of this Law, its communication to the executors, and the explanation of its essence and significance among the population.
Article 20. Bringing the legislation into conformity with this Law
The Cabinet of Ministers of the Republic of Uzbekistan shall:
bring government decisions into conformity with this Law;
ensure that state management bodies revise and abolish their normative legitimate acts that contradict this Law.
Article 21. Entry into force of this Law
This Law shall enter into force from the day of its official publication.
President of the Republic of Uzbekistan SH. MIRZIYOYEV
Tashkent,
April 12, 2018,
No. LRU-474