ON MEASURES TO IMPROVE THE EFFECTIVENESS OF LAW DOCUMENTS ON THE BASIS OF MODERN MECHANISM OF LEGAL MONITORING
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President of the Republic of Uzbekistan
One of the main tasks of improving the state and public construction system is to radically improve the quality of lawmaking activities in order to enhance the impact of the
legislative acts adopted in the Strategy of Action on the five priority directions of development of the Republic of Uzbekistan in 2017-2021. one.
Due to active implementation of reforms in the country, the number and scope of adopted legislative acts on the development of the state and society have increased.
At the same time, the analysis shows that the analysis and evaluation of the effectiveness of the application of the legislation is not sufficiently organized, and the effective organizational and legal mechanism for monitoring of their effectiveness is not fully established.
For the purpose of further increase of efficiency of enforcement of normative legal acts, prevention, timely detection and elimination of the norms leading to practice of application of wrong or contradictory law:
1. To take into consideration that in accordance with Article 42 of the Law of the Republic of Uzbekistan "About regulatory legal acts" monitoring of execution of regulatory legal acts by state bodies and other organizations should be carried out.
2. To approve the proposal of the Ministry of Justice of the Republic of Uzbekistan on introduction of the system of legal monitoring of execution of regulatory legal acts (further - legal monitoring).
To determine the main objectives of legal monitoring:
introduction of a unified practice of enforcement of legal acts;
study of compliance of law enforcement practices with the objectives of adoption of regulatory acts;
ensuring completeness of legal regulation of social relations;
Ensuring compliance of normative and legal acts with the laws and international obligations of the Republic of Uzbekistan;
identification and elimination of contradictions, contradictions, duplication and collision norms in regulatory legal acts;
creation of a unified system of terms and definitions in the normative and legal documents.
3. To establish:
Comprehensive enforcement of regulatory and legal acts is a priority of government agencies;
efficiency of enforcement of normative legal acts is determined by legal monitoring of their practical application;
legal monitoring is carried out by public administration bodies within the limits of their competence, regulatory legal acts which are subject to regulation;
legal monitoring is carried out in accordance with the legal monitoring plan approved by the Cabinet of Ministers of the Republic of Uzbekistan (hereinafter referred to as the monitoring plan);
In the event that additional legal monitoring is required on the instructions of the Presidential Administration and the Cabinet of Ministers, legal monitoring shall be carried out by public administration bodies without any addition to the monitoring plan;
The Ministry of Justice of the Republic of Uzbekistan has the right to carry out repeated legal monitoring by selecting normative legal acts, conducted by public administration bodies;
public administration bodies shall have the right to involve lawyers, representatives of scientific and educational institutions, representatives of nongovernmental nonprofit organizations and other civil society institutions, as well as of citizens in legal monitoring. Funding for these activities is provided by means of extra-budgetary funds approved in the manner prescribed by law.
4. To establish the Ministry of Justice of the Republic of Uzbekistan as the specially authorized body for coordination of the activities of state bodies in the field of legal monitoring.
5. To grant the Ministry of Justice of the Republic of Uzbekistan the following rights:
participation in legal monitoring conducted by public administration bodies;
to submit to the public authorities the information on the results of legal monitoring, which are not provided in time, are incorrect, inaccurate or incomplete, and make obligatory for them to eliminate violations of the legal monitoring.
6. Public administration bodies:
a) By February 1 of each year:
Formation of the list of normative legal acts that are subject to legal monitoring and submission to the Ministry of Justice of the Republic of Uzbekistan with the signature of the first head;
submitting to the Ministry of Justice of the Republic of Uzbekistan a report on the results of legal monitoring conducted in the past year in accordance with the monitoring plan;
b) to submit quarterly proposals to the Ministry of Justice of the Republic of Uzbekistan on amendments and additions to the analytical data in accordance with the monitoring plan and in case of deficiencies in the regulatory and legal documents.
7. The Ministry of Justice of the Republic of Uzbekistan annually till February 20:
a) to develop and submit to the Cabinet of Ministers of the Republic of Uzbekistan a draft monitoring plan based on the proposals of public administration bodies;
b) submit to the Cabinet of Ministers of the Republic of Uzbekistan a report on the results of legal monitoring conducted by public administration bodies for the last year, which provides:
results of monitoring plan implementation;
the need to adopt, amend, and abolish normative legal acts;
Proposals for improving law enforcement practices, gaps and contradictions in legislation, as well as measures to address corruption;
public administration bodies responsible for the development of draft laws, enforcement practices and measures to enhance the effectiveness of the fight against corruption.
8. To the Cabinet of Ministers of the Republic of Uzbekistan annually till March 20 to approve the monitoring plan and the report on the results of legal monitoring at the meeting of the Presidium of the Cabinet of Ministers.
9. To approve Regulations on the procedure for carrying out legal monitoring of execution of regulatory legal acts according to appendix 1.
10. To establish that:
heads of public administration bodies are personally responsible for qualitative and timely conduct of legal monitoring, careful development of proposals on monitoring plans and timely submission of information on their implementation;
Legal monitoring processes, including the organizational activities envisaged in paragraphs 6-7 of this Decision, shall be carried out on a special electronic platform created in a unified electronic system for drafting and coordinating draft regulations.
11. The Ministry of Justice of the Republic of Uzbekistan within two months in a single electronic system of elaboration and approval of drafts of regulatory legal acts:
to ensure the fast electronic document flow between legal monitoring participants;
formation of monitoring plan;
to take measures for the introduction of a special electronic platform, which will allow posting of materials prepared on the basis of legal monitoring.
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 the legal monitoring.
12. To make additions to the Regulation on the Ministry of Justice of the Republic of Uzbekistan, approved by the President of the Republic of Uzbekistan on April 13, 2018 N PP-3666.
13. The Ministry of Justice of the Republic of Uzbekistan jointly with the interested ministries and departments within two months to submit to the Cabinet of Ministers proposals on amendments and additions to the legislation arising from this decision.
14. Control of execution of this resolution to assign to the Prime Minister of the Republic of Uzbekistan ANAripov and the head of Presidential administration of the Republic of Uzbekistan Z.Nizomiddinov.
Republic of Uzbekistan