On measures to improve the efficiency of implementation of legislative acts on the basis of modern legal monitoring mechanisms (RP-4505-son)

02.11.2019

Resolution

of the President of the Republic of Uzbekistan

The Strategy of Actions on Five Priority Directions of Development of the Republic of Uzbekistan in 2017 — 2021 has identified a radical improvement in the quality of lawmaking, aimed at increasing the impact of the adopted legislative acts on the process of implementation of socio-political, socio-economic, and judicial reforms as one of the key tasks of improving the system of state and social construction.

The number and scale of adopted regulatory-legal acts on the development of the state and society have increased in the country with the active implementation of legal reforms.

The analysis, however, showed insufficient organization of activities to analyze and evaluate the efficiency of the application of the legislation, incomplete establishment of an effective organizational and legal mechanism for monitoring their effectiveness.

The following shall be performed with a view to further improve the efficiency in the execution of regulatory-legal acts, prevent the emergence, ensure the timely detection and elimination of norms that lead to incorrect or contradictory legislative and regulatory compliance practices:

1. Take into account that pursuant to Article 42 of the Law of the Republic of Uzbekistan "On Regulatory-Legal Acts", the monitoring of the implementation of regulatory-legal acts shall be carried out by state bodies and other organizations.

2. Agree with the proposal of the Ministry of Justice of the Republic of Uzbekistan on the introduction of the system of legal monitoring of the implementation of regulatory-legal acts (hereinafter — the legal monitoring).

The following shall be determined as the main tasks of legal monitoring:

Introduction of a unified practice of execution of regulatory-legal acts;

Analysis of the compliance of legislative and regulatory compliance practices with the objectives of the adoption of regulatory-legal acts;

Provision of the completeness of legal regulation of public relations;

Provision of the compliance of regulatory-legal acts with the laws and international commitments of the Republic of Uzbekistan;

Identification and elimination of contradictions, controversial provisions, corruption factors, as well as mutually duplicating and conflicting norms in the regulatory-legal acts;

Creation of a unified system of concepts and terms in the regulatory-legal acts.

3. Resolve that:

The full-fledged execution of regulatory-legal acts shall be a priority task of state administration bodies;

The efficiency in the execution of regulatory-legal acts shall be determined by the implementation of legal monitoring of their application in practice;

Legal monitoring shall be carried out by state administration bodies on regulatory-legal acts, which are the subject of regulation within their powers;

Legal monitoring shall be carried out in accordance with the monitoring plan approved by the Cabinet of Ministers of the Republic of Uzbekistan (hereinafter — the monitoring plan);

Where the implementation of additional legal monitoring is due based on instructions of the Presidential Administration and the Cabinet of Ministers, the legal monitoring shall be carried out by state administration bodies without making amendments to the monitoring plan;

The Ministry of Justice of the Republic of Uzbekistan shall have the right to carry out selectively a repeated legal monitoring of regulatory-legal acts, in respect of which legal monitoring was carried out by state administration bodies;

In conducting legal monitoring, state administration bodies shall be entitled to involve on a contractual basis the lawyers, specialists of scientific and educational institutions, representatives of non-governmental non-profit organizations, and other civil society institutions, as well as citizens. Financing of these activities shall be carried out at the expense of extra-budgetary funds to be approved in line with the procedure established by the legislation.

4. The Ministry of Justice of the Republic of Uzbekistan shall be defined as a special authorized body to coordinate the activities of state administration bodies in the implementation of legal monitoring.

5. The following rights shall be provided to the Ministry of Justice of the Republic of Uzbekistan:

Participation in the legal monitoring conducted by state administration bodies;

Making binding submissions on the elimination of violations while carrying out legal monitoring in respect of state administration bodies in cases of untimely submission or submission of incorrect, unreliable, or incomplete information on the results of legal monitoring.

6. The state administration bodies shall ensure the following:

a) Annually by February 1:

Develop a list of regulatory-legal acts subject to legal monitoring, and submit to the Ministry of Justice of the Republic of Uzbekistan, signed by the Head of agency;

Submit to the Ministry of Justice of the Republic of Uzbekistan a report on the results of legal monitoring of the previous year in line with the monitoring plan;

b) Submit quarterly proposals to the Ministry of Justice of the Republic of Uzbekistan to make changes and additions to the analytical information and regulatory-legal acts in cases where deficiencies are identified in them according to the monitoring plan.

7. The Ministry of Justice of the Republic of Uzbekistan shall perform the following annually by February 20:

a) Develop and submit to the Cabinet of Ministers of the Republic of Uzbekistan a draft monitoring plan on the basis of proposals provided by state administration bodies;

b) Submit to the Cabinet of Ministers of the Republic of Uzbekistan a report on the results of legal monitoring of the previous year, carried out by the state administration bodies, which involves:

Results of the implementation of the monitoring plan:

Need for adoption of regulatory-legal acts, amendments and additions to them, or their abolishment;

Proposals to improve legislative and regulatory compliance practices, strengthen measures to eliminate gaps and contradictions, as well as legislative norms conducive to corrupt practices;

State administration bodies responsible for drafting the regulatory-legal acts and implementing the measures to improve the efficiency of legislative and regulatory compliance practices and anti-corruption.

8. The Cabinet of Ministers of the Republic of Uzbekistan shall approve annually by March 20, the monitoring plan and reports on the results of legal monitoring with their discussion at the sessions of the Presidium of the Cabinet of Ministers of the Republic of Uzbekistan.

9. The Regulations on the procedure for legal monitoring of the execution of regulatory-legal acts shall be approved in accordance with аnnex 1.

10. Resolve that:

Heads of state administration bodies shall be personally responsible for the high-quality and timely implementation of legal monitoring, a thorough development of proposals for the monitoring plan, as well as the submission within established deadlines of information on the status of legal monitoring;

Processes related to the implementation of legal monitoring, including organizational measures provided for in paragraphs 6 and 7 of these Regulations shall be conducted on a special electronic platform created in the Single Electronic System for the Development and Consideration of Draft Regulatory-Legal Acts.

11. The Ministry of Justice of the Republic of Uzbekistan shall take within two months the following measures in the Single Electronic System for the Development and Consideration of Draft Regulatory-Legal Acts:

Ensure prompt electronic document-flow between the participants of legal monitoring;

Formulate the monitoring plan;

Introduce a special electronic platform that provides an opportunity to place materials prepared based on the results of legal monitoring conducted.

The Ministry of Justice of the Republic of Uzbekistan shall regularly coordinate the proper management of the special electronic platform, as well as analyze the materials posted on the results of legal monitoring conducted.

12. Additions shall be made to the Regulations on the Ministry of Justice of the Republic of Uzbekistan, approved by the Resolution of the President of the Republic of Uzbekistan No. RP-3666 dated April 13, 2018, according to annex 2.

13. The Ministry of Justice of the Republic of Uzbekistan shall submit within two months jointly with other involved ministries and agencies to the Cabinet of Ministers of the Republic of Uzbekistan proposals for amendments and additions to the legislation, arising from this Resolution.

14. Control over the implementation of this Resolution shall be assigned on the Prime Minister of the Republic of Uzbekistan A.N. Aripov and the Head of the Administration of the President of the Republic of Uzbekistan Z. Sh. Nizomiddinov.

President of the Republic of Uzbekistan SH. MIRZIYOYEV

Tashkent city,

November 2, 2019,

No. RP-4505

ANNEX No. 1 to the resolution of the President of the Republic of Uzbekistan No. RP-4505 dated November 2, 2019

REGULATIONS

on the procedure for legal monitoring of the execution of regulatory-legal acts

Chapter 1. General provisions

1. These Regulations shall define the procedure for legal monitoring of the execution of regulatory-legal acts (hereinafter — the legal monitoring) by state administration bodies.

2. The main tasks of legal monitoring shall be as follows:

Introduction of a single practice of application of regulatory-legal acts;

Analysis of the compliance of legislative and regulatory compliance practices with the purposes of the adoption of regulatory-legal acts;

Provision of completeness of legal regulation of public relations;

Provision of compliance of regulatory-legal acts with the laws and international commitments of the Republic of Uzbekistan;

Detection and elimination of contradictions, controversial provisions, corruption factors, as well as mutually duplicating and conflicting norms in the regulatory-legal acts;

Creation of a system of unified concepts and terms in regulatory-legal acts.

3. The following shall be subjects for legal monitoring:

The Constitution and laws of the Republic of Uzbekistan, Resolutions of the Chambers of the Oliy Majlis of the Republic of Uzbekistan;

Decrees and Resolutions of the President of the Republic of Uzbekistan, Resolutions of the Cabinet of Ministers of the Republic of Uzbekistan.

4. The legal monitoring shall be carried out by state administration bodies on regulatory-legal acts, which constitute the subject for regulation within their powers.

Organization of the implementation of legal monitoring and its coordination shall be carried out by legal services (hereinafter — legal services) of state administration bodies.

In carrying out legal monitoring, state administration bodies shall have the right to involve lawyers, specialists of scientific and educational institutions, representatives of non-governmental non-profit organizations and other civil society institutions, as well as citizens on a contractual basis. Financing of these activities shall be carried out at the expense of extra-budgetary funds approved in the manner established by the legislation.

Structural subdivisions of state bodies shall be responsible for submitting timely, complete, reliable, and high-quality information to the legal services.

5. The Ministry of Justice of the Republic of Uzbekistan (hereinafter — the Ministry of Justice) shall coordinate activities of the state administration bodies on implementation of legal monitoring.

The Ministry of Justice shall be entitled to the following:

Initiate implementation of legal monitoring of the regulatory-legal acts;

6. The processes related to the implementation of legal monitoring shall be performed on a special electronic platform created in the Single Electronic System for the Development and Consideration of Draft Regulatory-Legal Acts in the form established by the Ministry of Justice.

7. The legal monitoring shall be carried out in line with the scheme according to the annex to these Regulations.

Where the implementation of additional legal monitoring is due based on instructions of the Presidential Administration and the Cabinet of Ministers, the legal monitoring shall be carried out by state administration bodies without making amendments to the monitoring plan;

Chapter 2. Procedure for the development and approval of monitoring plan

8. The plan for implementation of the legal monitoring (hereinafter — the monitoring plan) shall be developed annually by the Ministry of Justice on the basis of proposals provided by the state administration bodies, as well as indicators defined in paragraph 10 of these Regulations, and shall be approved by the Cabinet of Ministers of the Republic of Uzbekistan.

9. The following shall be reflected in the monitoring plan:

Titles of regulatory-legal acts subject to legal monitoring.

Ground for implementation of the legal monitoring;

State administration bodies responsible for the implementation of the legal monitoring;

Deadlines of implementation of the legal monitoring.

10. Regulatory-legal acts that are subject to the legal monitoring shall be defined on the basis of the following indicators:

Number of appeals (requests, applications, and complaints) on the explanation of regulatory-legal acts;

Number and content of the resolved appeals (requests, applications, and complaints) related to application of regulatory-legal acts, as well as controversial provisions and deficiencies in legal regulation, distortion of the meaning of the provisions in regulatory-legal acts, and violation of their uniform application;

Presence of unlawful or unjustified decisions, actions (inaction) by state administration bodies while applying regulatory-legal acts;

Number and nature of fixed violations in the field of action of regulatory-legal acts, as well as number of cases of holding guilty persons liable;

Number of effective judicial acts on meeting (refusal to meet) the claims of applicants on the relations arising from settled regulatory-legal acts, and grounds for their adoption;

Other indicators, specifying the presence of deficiencies in regulatory-legal acts.

11. State administration bodies shall develop and submit annually by February 1, the relevant proposals to draft monitoring plan to the Ministry of Justice, signed by the first head on the basis of indicators defined in the paragraph 10 of these Regulations.

The Ministry of Justice shall annually by February 20 develop and submit draft monitoring plan to the Cabinet of Ministers of the Republic of Uzbekistan on the basis of proposals provided by the state administration bodies.

The draft monitoring plan shall be considered and approved annually by March 20 at a session of the Presidium of the Cabinet of Ministers of the Republic of Uzbekistan.

Chapter 3. Procedure for the implementation of legal monitoring

12. Legal monitoring carried out by state administration bodies shall involve the following stages:

Collection, summarizing, and analysis of information related to the legal monitoring subject;

Preparation of analytical information;

Development of proposals to make changes to the regulatory-legal acts in cases where deficiencies are identified;

Provision to the Ministry of Justice of analytical information and proposals prepared based on the results of legal monitoring.

13. While carrying out a legal monitoring, the data shall be analyzed and estimated according to the following indicators:

Presence of bylaws, adoption of which is envisaged in the acts of supreme legal force.

Distortion of the meaning of norms of the legislation in case of the adoption of bylaws;

Incompliance of regulatory-legal acts with international commitments of the Republic of Uzbekistan;

Presence of contradictions between general and special regulatory-legal acts;

Presence of contradictions in regulatory-legal acts that regulate identic relations, adopted in different periods;

Presence of corruption factors, mutually duplicating and conflicting norms, as well as a unified system of concepts and terms in the regulatory-legal acts;

Completeness of legal regulations of social relations;

Presence of legal and technical errors in the regulatory-legal acts;

Number and content of appeals (requests, applications, and complaints);

Presence (absence) of a uniform practice of application of the regulatory-legal acts;

Distortions in the meaning of regulatory-legal acts in their application;

Presence of unlawful or unjustified resolutions, actions (inaction) while applying regulatory-legal acts;

Presence of norms that allow for a broad interpretation of the powers of state government and administration bodies;

Number and nature of registered violations in the field of action of regulatory-legal acts as well as cases of holding guilty persons liable;

Other indicators, specifying the presence of deficiencies in the regulatory-legal acts.

14. In cases if ambiguities or contradictions are found in the regulatory-legal acts by state administration bodies during the legal monitoring, the Ministry of Justice shall evaluate the subject of regulation of regulatory-legal acts, formulate its conclusion, and send to state administration bodies a conclusion on the settlement of a particular case.

15. Structural subdivisions of the state administration bodies shall:

Carry out legal monitoring and analyze its results in accordance with the monitoring plan;

Provide analytical information and proposals to make changes to regulatory-legal acts to the legal services in cases where deficiencies are identified.

16. Legal services shall coordinate the activities of structural subdivisions of state administration bodies in the organization and implementation of legal monitoring, as well as summarize analytical information and proposals provided by structural subdivisions.

17. State administration bodies shall submit in accordance with the monitoring plan to the Ministry of Justice the analytical information, as well as their proposals to make changes to regulatory-legal acts in cases where deficiencies are identified in them based on the results of legal monitoring.

Chapter 4. Control over the performance of legal monitoring

18. To verify the reliability of information provided by state administration bodies in the period of implementation or as a result of legal monitoring of regulatory-legal acts, the Ministry of Justice may conduct an additional legal monitoring.

19. In case of failure to meet the deadlines established in the monitoring plan, submission of unreliable or incomplete information, including without covering the indicators defined in paragraph 13 of these Regulations, the Ministry of Justice — having studied the results of legal monitoring — shall be entitled to make binding submissions to state administration bodies to eliminate violations in conducting a legal monitoring on the execution of regulatory-legal acts.

20. The Ministry of Justice shall quarterly analyze the state of implementation of legal monitoring by state administration bodies, according to the results of which, if necessary, provide relevant advice to state administration bodies on the quality and full implementation of legal monitoring or take the measures stipulated in paragraph 19 of these Regulations.

21. The progress of legal monitoring by state administration bodies shall be discussed quarterly at sessions of the board of state administration bodies or other collegial bodies.

22. Sessions to discuss the progress of legal monitoring shall consider the adoption of measures in respect of responsible persons of state administration bodies, who have violated the provisions of these Regulations.

Chapter 5. Final information on the results of legal monitoring

23. State administration bodies shall submit annually to the Ministry of Justice by February 1 and in line with the monitoring plan a report on the results of legal monitoring of the previous year.

24. The Ministry of Justice shall submit an annual report on the results of legal monitoring carried out by the state administration bodies to the Cabinet of Ministers of the Republic of Uzbekistan by February 20.

25. The Cabinet of Ministers of the Republic of Uzbekistan shall annually by March 20 approve the report on the results of legal monitoring after the discussion at the sessions of the Presidium of the Cabinet of Ministers of the Republic of Uzbekistan.

26. The report shall include the following:

Results of the monitoring plan;

Need for adoption of regulatory-legal acts, amendments and additions to them, or their abolishment;

Proposals to improve legislative and regulatory compliance practices, and strengthen measures to eliminate gaps and contradictions, as well as norms conducive to corrupt practices in the legislation;

State administration bodies responsible for drafting the regulatory-legal acts and implementing the measures to improve the efficiency of legislative and regulatory compliance practices and anti-corruption.

27. Based on consideration of the report on the results of legal monitoring:

The Cabinet of Ministers of the Republic of Uzbekistan shall approve the Roadmap aimed at implementing the results of legal monitoring;

The report on the results of legal monitoring may be published in the media;

The results of legal monitoring may be used in the preparation of the Program for the Development and Submission of Draft Laws to the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan.

Chapter 6. Final provisions

28. The public shall be entitled to send to the Ministry of Justice their comments on the implemented legal monitoring, as well as suggestions for improving the quality of legal monitoring.

29. Persons guilty of violating the requirements of these Regulations shall be liable in line with the procedure established by the legislation.

ANNEX to the Regulations on the procedure for legal monitoring of the execution of regulatory-legal acts

SCHEME

of the legal monitoring of the execution of regulatory-legal acts

Stages Entities Activities Implementation period 1st stage State administration bodies 1. Development of relevant proposals for the formation of a draft plan for legal monitoring (hereinafter — the monitoring plan). 2. Submission of proposals, signed by the first head, to the Ministry of Justice of the Republic of Uzbekistan. Annually by February 1 2nd stage Ministry of Justice of the Republic of Uzbekistan 1. Drafting the monitoring plan. 2. Submission of the draft monitoring plan to the Cabinet of Ministers of the Republic of Uzbekistan. Annually by February 20 3rd stage The Cabinet of Ministers of the Republic of Uzbekistan 1. Discussion of the draft monitoring plan at the meeting of the Presidium of the Cabinet of Ministers of the Republic of Uzbekistan. 2. Approval of the monitoring plan. Annually by March 20 4th stage State administration bodies 1. Conduction of legal monitoring. Within a year 2. Submission of analytical information to the Ministry of Justice of the Republic of Uzbekistan, as well as proposals to make changes to regulatory-legal acts in case where deficiencies are identified. Quarterly 5th stage Ministry of Justice of the Republic of Uzbekistan 1. Analysis of the state of legal monitoring by state administration bodies. 2. Providing, if necessary, relevant advice to state administration bodies on high-quality and complete implementation of legal monitoring or making binding submissions to eliminate violations in the course of legal monitoring on the results of the analysis. Quarterly 6th stage State administration bodies Submission to the Ministry of Justice of the Republic of Uzbekistan of a report on the results of legal monitoring carried out the previous year in accordance with the monitoring plan. Annually by February 1 7th stage Ministry of Justice of the Republic of Uzbekistan Submission of a report on results of legal monitoring to the Cabinet of Ministers of the Republic of Uzbekistan. Annually by February 20 8th stage The Cabinet of Ministers of the Republic of Uzbekistan 1. Discussion at the session of the Presidium of the Cabinet of Ministers of the Republic of Uzbekistan and approval of the report on the results of legal monitoring. Annually by March 20 2. Approval of the "Roadmap" aimed at implementing the results of legal monitoring, as well as the adoption of measures to publish a report on the results of legal monitoring in the media. within the established time frame

ANNEX No. 2 to the resolution of the President of the Republic of Uzbekistan No. RP-4505 dated November 2, 2019

AMENDMENTS,

to be introduced to the Regulations on the Ministry of Justice of the Republic of Uzbekistan, approved by the Resolution of the President of the Republic of Uzbekistan No. RP-3666 dated April 13, 2018

1. The following paras shall be added to subparagraph 4 of paragraph 10:

"Coordinate the activities of state administration bodies in the field of legal monitoring;

Take effective measures to eliminate violations in the implementation of legal monitoring of the application of the legislation;

Analyze the implementation of legal monitoring by state administration bodies and prepare recommendations on the adoption of measures to improve the quality of legal monitoring".

2. The following para to subparagraph 5 of paragraph 12 shall be added:

"Making binding submission on the elimination of violations in the course of legal monitoring in respect of state administration bodies in cases of untimely submission or submission of incorrect, unreliable, or incomplete information on the results of legal monitoring";

Subparagraph 34 shall be added to read as follows:

"34) Participate in legal monitoring of legislative acts carried out by state administration bodies".