Volume 03 Issue 11-2023
195
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
03
ISSUE
11
P
AGES
:
195-202
SJIF
I
MPACT
FACTOR
(2021:
5.
993
)
(2022:
6.
015
)
(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article considers administrative-legal relations regulating the organization of the activities of state bodies, based
on the study of the rights and duties of the subjects of executive power bodies, whose status determines their place
in the structure of state bodies. The author gives the concept of the subject of administrative law and on the basis of
the study of law enforcement activity and the status of subjects of state bodies of executive power, made conclusions
and developed appropriate proposals.
KEYWORDS
Administrative law, executive bodies, subject of administrative-legal relations, rights and powers, law enforcement
activities of administrative bodies.
INTRODUCTION
The President of the Republic of Uzbekistan Shavkat
Mirziyoyev in his Address to the Oliy Majlis and the
people of Uzbekistan, noted that “In order to bring the
country’s development to a new level, it is necessary to
change the system of governance, the legislation and
the society. If we do not change, if do not draw
attention to the vivid problems, we will definitely be
behind of life and the progress. Our people, our youth
shall not forgive this.
Research Article
FURTHER IMPROVEMENT OF THE ADMINISTRATIVE AND LEGAL
STATUS OF STATE BODIES IN THE REPUBLIC OF UZBEKISTAN
Submission Date:
November 20, 2023,
Accepted Date:
November 25, 2023,
Published Date:
November 30, 2023
Crossref doi:
https://doi.org/10.37547/ajsshr/Volume03Issue11-20
Kvitkov Yaroslav Mikhaylovich
Senior Researcher Institute Of State And Law Of The Academy Of Sciences Of The Republic Of Uzbekistan, 3rd
Class Lawyer, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ajsshr
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 11-2023
196
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
03
ISSUE
11
P
AGES
:
195-202
SJIF
I
MPACT
FACTOR
(2021:
5.
993
)
(2022:
6.
015
)
(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The principle “First and foremost –
the human being,
then
–
the society and state” should deeply be
reflected in the Constitution and laws, in our daily life.
We need to further strengthen the national statehood,
thanks to this solid foundation we are able to
effectively overcome today’s serious trials and future,
yet unknown challenges and threats” [1].
In this connection, Uzbekistan is carrying out a
purposeful administrative and legal reform concerning
various aspects of administrative and legal relations,
including the status of the executive authorities. The
basis for the activity of any div of executive power is
the administrative and legal status, the characteristics
of which include its position in the hierarchy of subjects
of state power, issues of subordination, as well as the
goals, tasks and functions of the div, the order of
formation, directions, forms and methods of activity,
and, of course, the structure of the div itself.
THE MAIN FINDINGS AND RESULTS
Our country is implementing large-scale reforms and
practical measures to further reform the state civil
service, strengthen its organizational and legal
foundations, and train modern civil servants who carry
out effective work activities [2].
According to the Presidential Decree of December 21,
2022 “On measures to implement administrative
reforms of the New Uzbekistan”, from January 1, 2023,
a system of direct interaction between the heads of
executive authorities who are members of the Cabinet
of Ministers and the Prime Minister has been
introduced, regardless of the structural subdivisions of
government bodies [3].
Administrative-legal and administrative-procedural
(jurisdictional) relations constitute the most important
aspects of the status of executive authorities
performing management functions. Among the latest
regulatory legal acts that create the legal basis for this
activity, one can name the Law of the Republic of
Uzbekist
an “On State Civil Service” adopted on August
8, 2022 [4].
The President of Uzbekistan points out that the
problem of determining the legal status of the civil
service has been postponed for 30 years since
independence. In particular, it is stated that “th
e civil
service has not yet become a system that meets the
expectations of people” [5]. At the same time, it was
noted that the above law was developed over two
years on the basis of a comprehensive discussion with
the involvement of domestic and foreign specialists
[5].
The main criterion is human rights, public service as a
public legal institution is a normatively established
mechanism
for
professionally
ensuring
the
implementation of government powers to implement
legislation in the interests of citizens, protecting their
rights and freedoms [6].
Volume 03 Issue 11-2023
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American Journal Of Social Sciences And Humanity Research
(ISSN
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VOLUME
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SJIF
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FACTOR
(2021:
5.
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6.
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(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Administrative-legal status individualizes the position
of any subject of public administration, as it determines
not only rights and obligations, but also tasks,
functions, organizational structure, management
structure, forms of responsibility, competence, etc.
The main purpose of executive authorities is to
implement management decisions.
Some researchers have come to the conclusion that
assessing the effectiveness of executive authorities is
a pressing issue of comprehensive scientific research
[7]. Executive power is exercised by the government,
which is a collegial div headed by the president,
prime minister, chairman, and chancellor, depending
on the form of government. The real role of the
government is determined by its relationship with
other branches of government, with the head of state,
and with political parties represented in parliament [8].
The institution of subjects of administrative law is
fundamental in the theory of administrative law, which
is defined as a system of norms regulating the
management relations of the activities of government
bodies and the subjects are persons with appropriate
powers. This also applies to ensuring the rights and
interests of administrative jurisdiction [9].
In
our opinion, the phrases “administrative jurisdiction
of subjects”, “rights of participants in administrative
legal relations”, “legal succession of subjects”,
“administrative legal personality” and “administrative
legal status” carry the main content of t
he conceptual
apparatus of the administrative and legal status of
state executive authorities. All of them are aimed at
protecting human rights involved in the process of
administrative law, the guarantor of which is the state.
In this regard, it is necessary to correctly evaluate the
qualities their activities [10]. Consequently, they are
the main bearers of subjective rights and obligations
under administrative law, which determine the legal
status of subjects. To effectively assess the
implementation of their powers, it is necessary to
introduce automated management to ensure
systematic control by subjects of management of the
compulsory enforcement system [11].
The executive div, according to Yu.A. Tikhomirov, has
its own status. We are talking about the constitutional
elements of the status (if they are defined in
constitutions, charters), on the legislative basis of
status, on regulation of status in by-laws. [12].
J.N. Nematov justified the need to apply enforcement
measures against individuals or legal entities who have
violated the law during administrative proceedings on
the basis of the principle of proportionality, ensuring
that these measures are sufficient to achieve a
legitimate goal [13].
Management activities in resolving a particular
situation depend on the vested powers that determine
the administrative and legal status of the subject,
Volume 03 Issue 11-2023
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American Journal Of Social Sciences And Humanity Research
(ISSN
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VOLUME
03
ISSUE
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SJIF
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FACTOR
(2021:
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(2022:
6.
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(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
which characterizes its place in a specific system of
administrative legal relations. Consequently, the
administrative and legal status of subjects depends on
their rights and obligations provided for in the relevant
regulatory legal acts regulating the administrative
activities of executive authorities.
According to the theory of administrative law, subjects
making management decisions are divided into two
main types, namely, into organizations with power as
legal entities and individuals endowed with a specific
administrative-legal status or a combination of them.
At the same time, this status has a decisive law
enforcement significance for the activities of subjects
making management decisions.
Another
criterion
for
dividing
subjects
of
administrative law based on their legal status is their
activities, carried out both individually and collectively.
In turn, in this regard, they can be divided into
individuals, legal entities, administrative bodies, other
government bodies, and civil servants. They are given
the right to carry out the administrative-jurisdictional
process. According to
S.V. Komleva, the main features that make it possible
to distinguish the administrative-jurisdictional process
from other types of activities in the sphere of executive
power are independence and legal isolation [14].
The division of subjects with appropriate powers is
based on the determination of their administrative
legal personality, based on their administrative legal
status.
State bodies performing administrative functions are
based
on
generally
accepted
principles
of
administrative law. These include the unity and stability
of the state civil service system, legality, justice, service
to the people, etc.
In addition, these include the priority of human rights,
freedoms and legitimate interests, openness and
transparency,
objectivity,
professionalism
and
competence.
The specified principles of modern administrative law,
how their strict observance, their efficiency,
transparency and fairness of public administration, as
well as the rights to protect individual rights in the
administrative process, converge and find practical
embodiment in the activities of government bodies
performing the administrative functions of the
executive branch.
This also applies to the interaction mechanism of the
Oliy Majlis and the Cabinet of Ministers of the Republic
of Uzbekistan through a comprehensive study of the
organizational and legal mechanism of relations
between parliament and the government [15].
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VOLUME
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SJIF
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(2021:
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6.
015
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(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The structure of state power forms state bodies
specially created to implement the goals and
objectives of the executive branch, endowed for this
with the corresponding state powers. The content of
their powers includes executive and administrative
activities, control and supervisory functions, legal
actions and decision-making, rule-making activities,
provision of public services, and law enforcement
activities. All this can be described as a public service,
which
F.U. Yuldasheva defines “one of the important areas of
public administration reform, and any scientific
research conducted in this regard is important” [16].
As a result of the reforms carried out in New
Uzbekistan, the structure of government bodies
acquired a completely new content. Thus, by the
decrees of the President of the Republic of Uzbekistan
dated December 21, 2022 “On measures to implement
administrative reforms of New Uzbekistan” [17] and
dated January 25, 2023 “On priority organizational
measures to effectively establish the activities of
republican executive authorities” [18], it is clearly
defined list of republican government bodies.
The above-mentioned normative legal acts, in order to
continue administrative reforms, identified priority
measures aimed at the effective organization of the
activities of ministries and departments of public
administration:
1) the total maximum number of all managerial
personnel of the republican executive authorities was
approved. This affected both territorial and district
(city) subdivisions financed from the state budget and
extra-budgetary funds;
2) the introduction of additional managerial staff units
at the expense of extra-budgetary funds of ministries
and departments is prohibited;
3) the Unified List of Republican Executive Bodies -
ministries, committees, agencies and inspectorates, as
well as their full (official) and abbreviated names was
approved.
In conclusion, we can conclude that a completely new
system for organizing the administrative management
of ministries and departments helps to improve the
administrative and legal status of executive authorities
in our country in the following main areas:
•
determination of the administrative and legal
status of subjects in the implementation of an
effective algorithm for the functioning of
ministries and departments, the implementation of
adopted development programs, strategies and
concepts;
•
implementation of organizational, legal and
financial measures aimed at finding ways to resolve
issues related to with administrative and legal
status in the areas of creating favorable conditions
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SJIF
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(2021:
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
for the population, solving systemic problems of
citizens;
•
establishing the administrative and legal status of
executive authorities in the introduction of public-
private partnership and outsourcing mechanisms
in relevant areas, in the gradual transfer of some
functions of ministries and departments, as well as
organizations subordinate to them, to the private
sector;
•
improvement of the administrative and legal
status of executive authorities in the exercise of
control functions by ministries and departments,
as well as organizations subordinate to them based
on the results of the “risk analysis” system, as well
as optimization of their coordinating and control
functions;
•
improving the model for the provision of
administrative and legal management subjects in
the provision of public services to business entities
and the population by ministries and departments,
as well as organizations subordinate to them;
•
prevention based on the study of the reasons and
conditions for the commission of corruption
offenses by subjects of administrative and legal
management in the most corrupt areas in the
context of ministries and departments;
•
implementation by the subjects of administrative
and legal management of the introduction of
information and communication technologies in
the sphere, including digitalization of the work
process of ministries and departments;
•
increasing
the
professional
skills
and
responsibility of the subjects of administrative and
legal management operating in the field, attracting
proactive, selfless, loyal personnel, constantly
engaged in self-development, to subordinate
organizations, as well as increasing their potential
on a regular basis, etc.
CONCLUSION
Thus, based on the Constitution of the Republic of
Uzbekistan, optimal criteria for administrative-legal
relations are currently being introduced, which create
the necessary conditions for the development of the
mechanism of activity of executive authorities,
including, in the activities of entities carrying out
administrative management. In addition, optimization
of administrative-legal relations allows us to prevent a
negative impact on socio-economic processes,
eliminate the balance between republican and
territorial executive authorities, as well as ensure the
rational distribution of human and material resources.
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Address by the President of the Republic of
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P
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SJIF
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MPACT
FACTOR
(2021:
5.
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)
(2022:
6.
015
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(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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Volume 03 Issue 11-2023
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American Journal Of Social Sciences And Humanity Research
(ISSN
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2771-2141)
VOLUME
03
ISSUE
11
P
AGES
:
195-202
SJIF
I
MPACT
FACTOR
(2021:
5.
993
)
(2022:
6.
015
)
(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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