Legal policy in the context of
state governance
transformation: challenges
and horizons
Narbutayev Erkin
2
Erkin Narbutaev
Doctor of Law, Professor
LEGAL POLICY IN THE CONTEXT OF
STATE GOVERNANCE TRANSFORMATION:
CHALLENGES AND HORIZONS
English Edition (2025)
Tashkent — Independent Publication
3
About the Author
Erkin Narbutaev, LL.D., Professor
Dr. Erkin Narbutaev is a distinguished legal scholar
and practitioner from Uzbekistan. He holds a Doctor
of Laws (LL.D.) degree and the academic title of
Professor. Throughout his career, he has served in
senior positions within the Office of the Prosecutor
General, the Ministry of Internal Affairs Academy,
and the Institute for Strategic and Interregional
Studies under the President of the Republic of Uzbekistan.
He has also been a member of the national parliament (Oliy Majlis) and a leading
researcher at the Institute of Legislation and Legal Policy under the President of
the Republic of Uzbekistan.
Professor Narbutaev is the author of ten monographs and over seventy scientific
papers on legal policy, criminal policy, constitutionalism, and public governance.
His work focuses on strategic legal analysis, political forecasting, and
institutional modernization in post-Soviet legal systems.
He has received a state award of the Republic of Uzbekistan in recognition of his
service to law, science, and public administration. His academic interests include
the theory of legal policy, the rule of law, social justice, and the interaction
between legal modernization and state governance reform.
4
Abstract:
This monograph explores legal policy as a strategic resource of state
modernization
and
a
predictive
system
of
institutional
trust.
It argues that law in the 21st century must function not merely as a regulatory
mechanism, but as a proactive and trust-based framework of governance foresight
— a paradigm the author defines as
Rule of Law 2.0
.
Through the example of Uzbekistan’s ongoing reforms, the study examines how
constitutional transformation, legal decentralization, and digital innovation
reshape
the
relationship
between
the
state
and
society.
It provides a comparative view of national and global legal practices, proposing
a conceptual model of “managed modernization,” in which legal policy serves as
both a stabilizing and adaptive force.
The book integrates theoretical reflection with applied analysis, making it
relevant for scholars, policymakers, and practitioners interested in public law,
legal modernization, and institutional development.
Keywords:
Legal Policy, Governance, Modernization, Constitutional Reform,
Digitalization, Public Trust, Rule of Law 2.0, Uzbekistan
5
TABLE OF CONTENTS
Chapter I. Theoretical and Methodological Foundations of Legal Policy
§
1. Legal Policy as a Scientific Category and a Tool of Public Administration
§2. International Approaches: Comparative Legal Analysis and the Regional
Specificity of Uzbekistan
§3. Axiological Aspects of Legal Policy: Humanization, Justice, and Trust
Chapter II. Constitutional Foundations of Legal Policy
§1. The Constitution and the Rule of Law: Direct Effect and Implementation
Challenges
§2. Parliamentary Oversight: Constitutional Frameworks and Political-Legal
Realities
§3. Constitutional Norms as a Strategic Factor in State Development
Chapter III. Institutional and Normative Foundations of Legal Policy
§1. The Architecture and Interaction of Legal Policy Actors
§2. Self-Governance Bodies and Decentralization Mechanisms
§3. Normative Bases and Limitations of Legal Policy
Chapter IV. Mechanisms for Implementation of Legal Policy
§1. Coordination of Actors: From Departmental Fragmentation to Systemic
Governance
§2. Effectiveness of Legal Policy: Monitoring, Expertise, and Regulatory Impact
Assessment
§3. Legal Expertise, Institutionalization of Impact Assessment, and Integration of
Scientific Oversight
§4. Participation of Civil Society and the Academic Community: Ensuring
Feedback
Chapter V. Contemporary Challenges and the Transformation of Legal
Policy
§1. Global and National Risks in Legal Regulation
§2. Constitutional Reforms and the Adaptability of Legal Policy
§3. Legal Policy in the Context of Digital Transformation
6
Chapter VI. Digitalization and Legal Regulation of New Technologies
§
1. Digitalization as a Resource and Challenge for Legal Policy
§2. Artificial Intelligence and Regulatory Innovations: International and National
Contexts
§3. Legal Risks of Digitalization: Privacy, Discrimination, and Algorithmic
Injustice
Chapter VII. Concepts and Guidelines for the Future of Legal Policy
§1. Legal Policy as a Factor of Legal Integration and Sustainable Identity
§2. Models and Scenarios for the Development of Legal Policy in Uzbekistan
§3. Forecasting Concepts and Guidelines for the Future of Legal Policy
Conclusion
7
INTRODUCTION
The contemporary evolution of legal systems is characterized not only by the
growing complexity of legislation but also by the need for a strategic and systemic
approach to its formation. Under these conditions, the category of
legal policy
acquires particular importance, serving not merely as a theoretical concept but as
an instrument of public governance that links law-making and law-enforcement
processes with the long-term objectives of the state.
For Uzbekistan, this issue is of special relevance. Constitutional reforms, the
modernization of public institutions, the digitalization of social relations, and the
country’s integration into the global community are shaping new dimensions of
legal regulation. All these processes require a comprehensive understanding of
legal policy — as a multidimensional phenomenon that includes not only
normative, but also axiological and predictive components.
A distinctive feature of this study lies in its consideration of national and regional
factors, social values, and the level of legal culture. Alongside an analysis of the
theoretical and methodological foundations, special attention is given to the
constitutional, institutional, and regulatory bases of legal policy, as well as to the
mechanisms of its practical implementation.
The scientific value of the monograph rests on its integrated approach to the study
of legal policy — from the conceptual and methodological framework to the
predictive models of its future development. The practical significance of the
research lies in proposing concrete solutions to enhance the effectiveness of state
legal activity, including the development of systemic recommendations for
institutional coordination, monitoring, and civic engagement.
The research problem is defined by the systemic and value-based challenges of
the current stage: the risk of formalism in the realization of constitutional
guarantees, the lack of inter-agency coordination, the limited integration of digital
technologies into the legal system, and the incomplete observance of the
principles of justice, equality, and social responsibility in law-making.
The main goal of the monograph is to elaborate a coherent theoretical and applied
model of legal policy in Uzbekistan that ensures legal certainty, institutional
efficiency, and social justice. To achieve this goal, the study addresses several key
objectives: a critical analysis of the theoretical and methodological foundations
8
of legal policy; an examination of constitutional and institutional mechanisms; an
assessment of contemporary challenges, and formulation of conceptual
guidelines for the future trajectory of national legal policy.
The research employs an interdisciplinary methodology combining comparative
analysis, elements of legal realism, systemic verification of sources, international
experience, and the sociocultural particularities of the country. The empirical base
includes sociological surveys conducted by the Center
“Ijtimoiy Fikr”, data from
the UNDP, the UN Women, and the Common Country Analysis, as well as global
rule of law indices.
For the domestic reader, this monograph offers both a systematization of
accumulated problems and a practical model of legal policy designed to
strengthen the resilience of public governance. For international experts, the
study is of interest as an example of integrating universal concepts of legal
engineering and inclusive justice within a post-Soviet context.
9
Chapter I. Theoretical and Methodological Foundations of Legal Policy
§ 1. Legal Policy as a Category of Science and an Instrument of Public
Governance
Legal policy is a multidimensional phenomenon situated at the intersection of
law, politics, and social governance. It extends beyond normative regulation,
simultaneously reflecting both institutional and value-based processes within
society, thereby serving as an indicator of the maturity of the legal system.
In states with established legal traditions — such as Germany, Canada, and Japan
— legal policy develops through a balanced combination of traditions, academic
research, and institutionalized procedures of legal modeling¹. This approach
ensures continuity and adaptability of legislation, while also strengthening public
trust in legal institutions.
The multidimensional nature of legal policy makes it possible to view it not
merely as a tool for implementing the will of the state, but as a mechanism for
systemic modeling of social processes under conditions of global
transformations. In this sense, legal policy functions simultaneously as a means
of adaptation to a changing environment and as an instrument of strategic
foresight capable of anticipating social challenges². Its importance grows
particularly during periods of crisis and legal uncertainty, when formal norms
require institutional support and social reinforcement.
For transitional legal systems, including Uzbekistan, such challenges become a
test of institutional resilience. In this regard, legal policy acts as an institutional
“anchor,” preventing systemic disintegration while serving as a mechanism for
rethinking traditional norms. Practical experience shows that legal policy ceases
to be a mere reflection of governmental directives and evolves into an
independent driver of modernization, forming the foundation for a long-term
strategy of legal and social progress.
Modern scholarship increasingly emphasizes the interdisciplinary nature of legal
policy. It is studied not only within the general theory of state and law but also in
close relation to the philosophy of law, political science, sociology, management
theory,
and such emerging areas as legal forecasting and social design
This expansion of the research field allows legal policy to be viewed as a category
1
Keller, H. (2018)
Rechtsstaat und gesellschaftliche Dynamik: Internationale Erfahrungen
. Berlin.
2
Tulteev, I. (2004)
Legal Policy and Legal Forecasting: Correlation, Interrelation and Problems of
Improvement
. // Huquq, Pravo, Law, No. 3, pp. 16–17.
10
of strategic legal thinking, connecting theoretical developments with applied
objectives and contributing to the formation of a coherent and predictable legal
environment.
The true essence of legal policy lies in its ability not only to respond effectively
to changes within society but also to anticipate them. Where such adaptability is
absent, legal gaps naturally emerge, the effectiveness of normative prescriptions
declines, and public trust in state institutions weakens. Consequently, if legal
policy fails to ensure timely responsiveness to social transformations, legal norms
lose their real regulatory power, and the state gradually loses its capacity for
effective governance of social processes.
A similar understanding of legal policy was shared by S. S. Alekseev, who defined
it as the purposeful and scientifically grounded activity of the state aimed at the
formation, preservation, and development of the legal system in accordance with
the tasks of a specific historical period.
In this regard, E. A. Lapaev emphasized
the constructive and prognostic function of legal policy, linking its effectiveness
not only with the management of current processes but also with the capacity to
design future models of legal development.
It brings to the following important conclusion: the effectiveness of legal policy
is determined not only by its consistency with the national legal tradition but also
by its ability to foresee the social consequences of normative decisions, to ensure
their timely adaptation to changing conditions, and to maintain public trust in law.
Neglecting these aspects leads to a widening gap between the norms of law and
their real impact, weakening the regulatory potential of the legal system and
hindering sustainable development as a whole.
It is no coincidence that in the post-Soviet states one of the key challenges for
legal policy has been the need to overcome the technocratic approach to law-
making and to transition toward an interdisciplinary model that includes the
forecasting of social consequences and the adaptation of law to changing
conditions.
3
Alekseev, S. S.
(2015) Theory of State and Law.
Moscow, pp. 214–216.
4
Lapaev, E. A. (2017)
Legal Policy: Theory and Practice of Forecasting
. Moscow, pp. 98–101.
5
Hart, H. L. A. (2007)
The Concept of Law
. Moscow: Nauka, 240 p.
11
The absence of such an approach contributed to the emergence of the so-called
¹
“paper law”
phenomenon, characterized by a predominance of declarative norms
and a shortage of institutional mechanisms for their implementation.
In Uzbekistan during the 1990s, the adoption of many laws concerning civil rights
and guarantees was accompanied by very limited opportunities for their practical
realization, which naturally reduced public trust in state institutions.
Similar processes were observed in Russia after the adoption of the Constitution
in 1993, when the state’s proclaimed social obligations remained largely
declarative amid deep economic crisis and institutional instability.
the Baltic countries — particularly Estonia³ — carried out gradual reforms
including lustration, property restitution, and digitalization of public governance.
These steps strengthened the legitimacy of institutions and increased public
confidence in law.
Comparative
analysis
reveals
several
consistent
patterns.
First, the absence of effective mechanisms for implementing laws inevitably leads
to the growth of legal nihilism. Second, institutional reforms combined with
systematic legal monitoring constitute an essential condition for the sustainability
of legal policy. Third, narrowing down legal policy exclusively to state functions
or, conversely, turning it into an instrument for pressuring social groups
undermines the foundations of the rule of law and creates risks of
authoritarianism or populism. Fourth, aligning legal norms with social
expectations in an institutionalized form is a fundamental prerequisite for
realizing the value-forming function of law.
These regularities correlate with an important substantive feature of legal policy:
It determines not only the direction of legal development but also the criteria for
assessing its effectiveness. In this capacity, legal policy acts as a kind of
“compass” for both the state and society, defining the boundaries of permissible
reforms, identifying potential risks, and setting priorities for development.
Such an interpretation of legal policy allows it to be viewed as a kind of bridge
between legal doctrine and law-making practice, bringing to the forefront a more
6
Smirnova, N.
Rule of Law and Legal Nihilism in Post-Soviet Uzbekistan.
In: Makarychev A., Yatsyk
A. (eds). (2023) Critical Insights in Law and Governance in Central Asia. Springer.
7
1993 Russian Constitutional Crisis
. Wikipedia.
8
Howard, M. (2012)
Building Trust and Democracy: Transitional Justice in Post-Communist
Countries
. Oxford: Oxford University Press; Lagerspetz, M.
(2016) Post-Soviet Transitions and Legal
Reforms in the Baltics.
European Journal on Criminal Policy and Research, Vol. 22, No. 4.
12
fundamental question: Whose interests does legal policy express — those of the
state or of society?
Although the opposition between these two categories — “an instrument of the
state” versus “an instrument of society” — seems artificial, legal policy combines
both functions. It operates as a mechanism of systemic governance of law;
wherein juridical rationality is correlated with social context.
In this respect, H. Lasswell and M. McDougal proposed viewing legal policy as
an instrument of democratic participation and justice
of “normative policy”, M. Tropper, emphasized the importance of harmonizing
sources of law with social expectations;
mechanisms through which social demands get transformed to juridical forms.
The experience of post-Soviet states confirms that the absence of such
transformation leads to a widening gap between legal norms and social reality,
which in turn reduces the effectiveness of regulation and undermines the legal
system. Thus, reducing legal policy to a technocratic process of legislation
inevitably results in the loss of legitimacy: norms that fail to reflect social
expectations become ineffective, while the legal system loses public trust.
In Uzbekistan, this problem acquires particular significance. There is a growing
demand for legal policy to be understood not merely as a tool of legislative
activity, but as an institutionalized form of aligning legal prescriptions with real
social expectations. In this perspective, law appears not only as a means of
regulation but also as a mechanism of value formation, forecasting of social
consequences, and strengthening of trust between the state and society
.
The proposed interpretation is not isolated from existing scholarly approaches;
rather, it finds confirmation and further development in the research of national
legal scholars.
Thus, U. Kh. Mukhamedov substantiates the need to construct legal policy on the
basis of unified normative guidelines adapted both to national conditions and to
the challenges of globalization.
I. A. Khamidov, in turn, links the effectiveness
9
Lasswell H., McDougal M.
, (2004) Jurisprudence for a Free Society: Studies in Law, Science and
Policy.
Moscow: Yuridicheskaya literatura, 784 p.
10
Tropper, M. (2002)
Philosophy of Law
. Moscow: Progress, 368 p.
11
Oberle, W. (2006
) In Search of Law: Sociology of Law
. Moscow: Yuridicheskaya kniga, 312 p.
12
Mukhamedov, U. Kh. (2010)
Theoretical and Practical Problems of Systematization of Legislation
in Uzbekistan.
Doct. Law Sci. Thesis Abstract. Tashkent, 24 p.
13
of legal policy not only to the quality of legislation but also to the organizational
culture of public authorities.
While sharing this view, it nevertheless seems appropriate to expand it: without
an institutional culture of law enforcement, legal policy “breaks down” at the
stage of implementation, since formal innovations do not convert into social trust.
In other words, legal policy is effective only when institutional and cultural
mechanisms ensure the practical realization of its norms.
In this context, the legislative process becomes particularly significant.
As Kh. T. Odilkoriev rightly notes, it represents a crucial instrument of legal
policy. It is precisely at this stage that the organic integration of norms into the
system of social expectations becomes evident: the degree of civic participation
and the transparency of procedures serve as its main indicators.
From this follows that the “quality of law” is not merely a juridical-technical
category but a metric of trust and civic participation. The combination of
organizational culture in law enforcement and the quality of the law-making
process thus forms the foundation of the legitimacy of the legal system.
However,
this
foundation
is
now
facing
serious
challenges.
Global turbulence, processes of digitalization, and the growing importance of
civic engagement are radically transforming the nature of legal policy.
It is increasingly characterized as a multi-actor, networked, and fragmented
process, within which traditional hierarchical models of regulation are gradually
losing effectiveness. As M. Foucault observed, the legal norm becomes an
element of
“biopolitical control”
aimed at managing risks and regulating social
processes.
At the same time, U. Beck, developing the concept of the “risk society,”
emphasized that under conditions of global threats, law inevitably acquires the
function of minimizing potential dangers.
J. Rawls, by contrast, shifted the
focus toward normative justice, arguing that the sustainability of legal order is
13
Khamidov, I. A.
(2005) Organizational and Legal Problems of Improving the System of Public
Administration in the Republic of Uzbekistan.
Doct. Law Sci. Thesis Abstract. Tashkent, 25 p.
14
Odilkoriev, Kh. T. (1995)
Law-Making Process in the Republic of Uzbekistan: Theoretical and
Practical Issues
. Doct. Law Sci. Thesis Abstract. Tashkent, 23 p.
15
Foucault, M. (2008)
Security, Territory, Population: Lectures at the Collège de France (1977–1978)
.
St. Petersburg: Nauka, 544 p.
16
Beck, U. (2004)
Risk Society
. Moscow: Academic Project, 432 p.
14
possible only when legal prescriptions are harmonized with the principles of
equality and social trust.
Summarizing the positions of these authors, one may identify a key insight:
a legal policy oriented exclusively toward control and risk management, but
devoid of value foundations of justice and civic participation, inevitably
reproduces a “trust deficit.” Such a deficit undermines the stability of the
normative system and leads to
regulatory entropy
—a weakening of law’s ability
to perform its integrative functions.
A striking example of the above dynamic was the COVID-19 pandemic, which
exposed the tension between the need to ensure public safety and the protection
of human rights. In many countries, including Uzbekistan, the introduction of
emergency regimes was accompanied by temporary restrictions on fundamental
freedoms, which sharpened the issue of maintaining a balance between protecting
society and preserving citizens’ trust in the legal system.
Only a few governments managed to ensure effective oversight of the
proportionality of these restrictions, which triggered an international debate on
the permissible limits of state intervention in the private sphere.
National practice, on the one hand, demonstrated the efficiency of governmental
response, but on the other hand, revealed a deficit of
“feedback”
mechanisms
between the state, society, and the expert community. In comparable situations,
however, legal policy should function not only as an instrument of normative
regulation but also as a value-oriented and predictive activity, ensuring the
adaptation of law to social realities. Any emergency procedures must therefore be
accompanied by institutionalized mechanisms of participation — legal expertise,
proportionality monitoring, and effective appeal procedures.
Without such tools, short-term emergency measures risk undermining the long-
term legitimacy of the national legal system and limiting the ability of legal policy
to build trust and anticipate social consequences.
This conclusion makes it possible to formulate a more generalized understanding
of legal policy.
17
Rawls, J. (1992)
A Theory of Justice
. Moscow: Progress, 560 p.
18
Schmitt, C. (2000)
Political Theology
. Moscow: Kanon+, 224 p.
19
OECD Regulatory Policy Outlook 2021
. Paris: OECD Publishing, 2021. Available at:
https://www.oecd.org/publications/regulatory-policy-outlook-2021.
15
At a deep methodological level, it represents the expression of a legal ideology
that defines not only the content of norms, the system of goals, principles, and
instruments of formation, development, and implementation of the state’s legal
system, but also the forms and mechanisms of its functioning.
Thus, legal policy as a category of public governance shapes the legal
environment in which the legal and administrative dimensions are inextricably
linked: on the one hand, it accompanies managerial decisions, and on the other, it
initiates project-based transformations of legal reality in the interests of society.
It is perhaps for this reason that Yu. A. Tikhomirov defined legal policy as a
“generalized program”
of law-making, law enforcement, and realization of law
— one that embodies the social demand and the value orientations of legal
culture.
At the same time, this definition requires clarification: the program of legal policy
remains declarative if it lacks an institutional framework of responsibility for
regulatory outcomes.
True legal policy is measured not only by the quality of normative acts but also
by the degree to which they achieve socially meaningful effects.
Sociological studies conducted in 2023–2024 revealed that more than 60 percent
of citizens in post-Soviet countries assessed the quality of legal regulation as
inadequate, while the level of citizen participation in the discussion of draft laws
remained low.
These results confirmed the persistent gap between formal legal norms and real
social expectations, highlighting the need to reconsider approaches to the
formulation and evaluation of legal policy.
In this context, legal policy cannot be confined to purely normative self-
justification, which presupposes the formal compliance of norms with established
legal procedures. It must also consider the actual social effects of adopted
decisions and assess their long-term consequences for society.
20
Tikhomirov, Yu. A. (2010)
Public Authority and Legal Policy
. Moscow: Jurist.
21
European Social Survey
(ESS) — https://www.europeansocialsurvey.org;
Institute of Sociology
,
Federal Scientific Research Center, Russian Academy of Sciences. Annual Report for 2023
. Available
16
From this point of view, the approaches of J. Rawls, who defined justice as
fairness and thereby established the value foundations of legal policy
, as well
as the empirically oriented methods of A. Ashworth and L. Zedner, focused on
studying the real social and institutional effects of normative acts, appear
particularly relevant.
Put more precisely, a
“good law”
is determined not only by the logical coherence
of
its
text
but
also
by
its
measurable
social
outcome.
This shift toward measurability and value-based verification allows for a new
evaluation of the specificity of transitional legal systems, including that of
Uzbekistan.
Under these conditions, legal policy must become value-institutional: it should
unite the principles of the rule of law with the engineering of trust, combine
reflexive importation of concepts with local adaptation, and link regulatory
rationality
with
participation
and
accountability
for
results.
Without such an approach, legal policy is doomed either to formalism or to
technocratic fragmentation.
Given these challenges, Russian legal scholarship continues to debate the
essential content and methodological foundations for analyzing legal policy.
Representatives of the structural-functional approach — such as S. S. Alekseev
and E. A. Lapaev — emphasize the systemic nature of legal policy, identifying its
goals, subjects, objects, instruments, mechanisms of implementation, and criteria
of effectiveness.
In contrast, proponents of the critical-normative approach — including D. A.
Kerimov, Yu. A. Tikhomirov, and V. M. Syrykh — focus on correlating legal
policy with fundamental legal values such as the rule of law, human rights, and
social justice.
22
Rawls, J. (2008)
Justice as Fairness: A Restatement
. Translated from English by A. V. Gusev.
Moscow: Gaidar Institute Publishing, 288 p.
23
Ashworth, A. (2014)
Preventive Justice
. Translated from English by A. V. Gusev. Moscow: Gaidar
Institute Publishing, 2014, pp. 1026–1045; Zedner, L. (2012)
Prevention and Criminalization:
Justifications and Limits
. Moscow: Gaidar Institute Publishing, pp. 203–226.
24
Alekseev, S. S. (2009)
General Theory of Law
. Vols. 1–2. Moscow: BEK, 1996; Lapaev E. A. Theory
of Legal Policy. Moscow: Institute of State and Law, RAS.
25
Kerimov, D. A. (2001)
Problems of the General Theory of Law and State
. Vol. 2. Moscow: Norma;
Tikhomirov, Yu. A. (2010)
Public Authority and Legal Policy
. Moscow: Jurist; Syrykh, V. M. (2008)
Legal Policy as a Subject of Theoretical–Legal Research
. Journal of Russian Law, No. 12.
17
A comparison of these approaches reveals that for transitional states, it is the
combination of institutional foundation and value orientation that acquires
particular importance. Such synergy forms the basis of moral–legal regulation
and governmental accountability. It protects legal policy from degradation into
mere formalized norm-creation, ensuring its ability to respond to real social
demands and to create conditions for the long-term legitimacy of public
governance.
The experience of countries with well-established legal traditions — such as
Germany, Canada, and Japan — confirms the effectiveness of this model.
Their legal policy is based on interaction between science, civil society, and the
state, complemented by systems of legal monitoring and institutionalized
expertise. The experience of these countries demonstrates that it is precisely the
fusion of value orientation and institutional structure that ensures the stability and
efficiency of the legal system.
In the post-Soviet context, including Uzbekistan, this conclusion has a practical
dimension: the strengthening of trust and legitimacy requires the development of
legal culture and active involvement of society in law-making.
Only comprehensive integration of these elements can transform law into a
genuinely functioning mechanism for adapting to social expectations and modern
challenges. Otherwise, a gap inevitably arises between declarative principles and
their practical implementation.
Thus, in the context of state governance transformation, legal policy requires a
new conceptual understanding. It should be regarded not as a static set of norms,
but as a dynamic system containing both a value core and a predictive function.
This makes it possible to connect the strategic objectives of the state with the
real
needs of citizens
, avoiding regulatory overload and ensuring flexibility in the face
of technological and social challenges.
In other words, legal policy emerges not only as an instrument of regulation, but
also as an effective mechanism for shaping values, forecasting social
consequences, and maintaining sustainable trust within the “state–society”
system.
26
Berman, H. J. (1998)
Law and Revolution: The Formation of the Western Legal Tradition
. 2nd ed.
Moscow: Moscow State University; INFRA-M-NORMA, 622 p.; Johnson, J. (2017)
Comparative
Constitutional and Legal Systems: Institutions and Outcomes; Rule of Law in Canada
. Wikipedia,
Available at: https://en.wikipedia.org/wiki/Rule_of_law.
18
§ 2. International Approaches: Comparative-Legal Analysis and the
Regional Specificity of Uzbekistan
Over the past decades, international legal doctrine has significantly expanded the
analytical horizons of legal policy.
One of the most notable trends is interdisciplinary integration, the strengthening
of the empirical basis of research, and the growing emphasis on the
social
consequences of normative decisions
.
This development marks a shift away from classical legal positivism, which
traditionally focused on formal legal constructions, toward a more dynamic and
practice-oriented model of legal policy.
Within the Anglo-Saxon legal tradition, the central methodological reference
point remains the concept of the rule of law, understood simultaneously as a
normative paradigm
and an
instrument of strategic governance of social
processes
.
The seminal works of L. Fuller, J. Rawls, and R. Dworkin emphasize the moral
legitimacy of law, the justice of procedures, and the necessity of civic
participation in shaping normative standards.
determine the modern understanding of the interrelation between law and
democracy, yet an excessive reliance on moral categories entails risks of
subjectivism and potential conflict between legal and ethical standards.
As a result, there arises the necessity of balancing normative certainty and social
justice — a challenge particularly relevant for transitional legal systems,
including that of Uzbekistan.
By the beginning of the twenty-first century, academic literature had developed a
modified concept of the “Rule of Law 2.0”, emphasizing social inclusion,
accountability of state institutions, and broader access to justice.
Within this model, law ceases to be merely a
formal system of norms
and
transforms into an instrument of social engineering, aimed at the practical
regulation of public processes and the strengthening of institutional trust.
27
Fuller, L. (2002)
The Morality of Law
. Moscow: Progress; Rawls, J. (1971)
A Theory of Justice
.
Cambridge: Harvard University Press; Dworkin, R. (1986)
Law’s Empire
. Cambridge: Harvard
University Press.
28
Hart, H. L. A. (2007)
The Concept of Law
. Moscow: Progress.
29
Tamanaha, B. (2004)
On the Rule of Law: History, Politics, Theory
. Cambridge: Cambridge
University Press; Carothers, T. (1998)
The Rule of Law Revival
. Foreign Affairs, Vol. 77, No. 2, pp. 95–
106.
19
International experience confirms that independent monitoring mechanisms and
the involvement of civil society and expert communities are indispensable
conditions for the quality of legal policy, allowing societies to avoid legal
formalism and to transform law into an effective regulator of social relations.
However, limiting reforms exclusively to the juridico-technical improvement of
national legislation, in our view, risks reproducing long-standing systemic
problems and perpetuating a purely formal understanding of legal development.
The updated Constitution of Uzbekistan, which enshrines the principles of a
social
and
rule-of-law state
(Articles 1 and 46), establishes new benchmarks for
the development of legal policy. Under current conditions, the state is required
not only to adjust the normative framework but also to design mechanisms
ensuring the achievement of concrete social outcomes. This approach is shared
by Kh. Ruzmetov, Kh. A. Mukhammadiev, Z. S. Israilov, and A. I. Absalomov,
who view legal policy as a synthesis of legal norms with social guarantees and
democratic procedures.
The relevance of this issue is confirmed by the results of a joint research project
conducted by the UNDP, the World Bank, and the Eurasia Foundation³.
Critical analysis revealed a clearly expressed public demand for greater
transparency in law enforcement practices and for the strengthening of the
accountability of state institutions.
Moreover, a long-term trend was identified, indicating a growing public
sensitivity to issues of justice and equal access to justice, which provides an
essential foundation for the formation of value-oriented legal policy.
Furthermore, the study identified a stable long-term trend reflecting a growing
sensitivity among citizens to issues of justice and equal access to justice, which
provides an important basis for shaping a value-oriented legal policy.
However, the formal indicators used in official statistics to assess the
effectiveness of law enforcement and judicial bodies do not always reflect the
actual level of public trust in the legal system. This discrepancy between
30
Ruzmetov, Kh. (2024)
Strengthening Human Rights Guarantees in the New Edition of the
Constitution of Uzbekistan
. Society and Innovation, No. 5; Mukhammadiev, Kh. A. (2023)
Key Changes
and Additions to the Updated Constitution
. Economy and Society, No. 6 (109); Israilova Z. S.,
Absalomov A. I. (2024)
Amendments and Reform of the Constitution and Constitutional–Legal Norms
of the Republic of Uzbekistan: Monitoring Their Implementation
. Universum: Economics and
Jurisprudence, No. 2.
31
UNDP (2022)
Rule of Law and Access to Justice in Uzbekistan: Survey Report
. Tashkent; World Bank
(2021) Governance Indicators. Washington.
20
quantitative metrics and qualitative perceptions creates a structural contradiction
that hinders the full implementation of the rule of law as the foundation of the
social state.
In this regard, empirical data on citizens’ perceptions of the functioning of state
institutions acquire particular significance, as they reveal hidden barriers and
contradictions
between
normative
reality
and
social
experience.
A public survey conducted by the UNDP and the Anti-Corruption Agency
demonstrates the ambivalence of public consciousness: despite a relatively high
level of trust in key institutions (64%), the fear of reprisals remains one of the
main deterrents to reporting corruption (48.6%).
social anxieties and a limited level of legal culture, emphasizing the need for a
comprehensive approach to the transformation of the system.
In such conditions, it is crucial to build institutional trust by ensuring procedural
transparency, active civic engagement, and expert support for legal reforms.
This emphasis on trust and public participation acquires additional significance
in the context of the 2023 constitutional reform, which enshrined the primacy of
human rights, the supremacy of law, and the principle of separation of powers,
declaring the state's commitment to integrate the national legal system into the
“Rule of Law 2.0” model. At the same time, the formalization of institutional
guarantees has not yet been accompanied by adequate mechanisms for their
practical implementation, underscoring the need for a comprehensive approach
to embedding legal norms into social life.
Unlike in foreign experience—where the emphasis is placed on social inclusion,
civic participation, and systematic monitoring of law enforcement—these
elements in Uzbekistan are developing fragmentarily and often acquire an
imitative character.
For instance, in Germany, the Federal Constitutional Court plays an active role in
protecting human rights and ensuring the supremacy of law through an
independent system of constitutional review.
demonstrates a variety of approaches: in Canada, public consultations on draft
normative acts and regular human rights monitoring are legally mandated;
32
UNDP & Anti-Corruption Agency (2024)
Uzbeks See Retaliation as Biggest Barrier for Corruption
— Whistleblowing Study
.
33
Federal Constitutional Court of Germany, Functions and Powers
. Available at:
https://jeanmonnetprogram.org/archive/papers/96/9605ind.html.
34
Canadian Human Rights Acts
. Available at: https://laws-lois.justice.gc.ca/eng/acts/h-6/fulltext.html
21
Japan, despite the absence of a national human rights institution, there are
ongoing initiatives aimed at promoting human rights in business and society.
These examples illustrate that institutional transparency and societal engagement
are the core elements of effective legal policy.
In Uzbekistan, the transformation of national legal policy is likewise of a
comprehensive character. The introduction of the E-Ombudsman system, the
digitalization of procedures, the launch of the Public Consultation Portal for draft
normative acts (
regulation.gov.uz
), the “Uzbekistan – 2030” strategy, and the
judicial reform together create the foundations for greater institutional
transparency.
However, the implementation of these initiatives faces constraints associated with
declarative practices and formalization of reforms, which continue to limit broad
social engagement. Particularly vulnerable groups—such as migrants, women,
youth, and religious minorities—remain only fragmentarily involved in the
processes
of
legal
policy
formation
and
implementation.
Addressing this challenge requires a combination of legal education, the
empowerment of non-governmental organizations to participate in legislative
monitoring,
and
the
institutionalization
of
public
oversight.
The implementation of these measures contributes to the reduction of the “trust
gap” between society and the state, strengthening the social legitimacy of
normative acts and forming the basis for a sustainable and predictable legal
environment. The effectiveness of the proposed mechanisms largely depends on
the application of approaches that consider the socio-cultural and holistic context.
In this regard, the ideas developed by the Russian school of legal thought—
notably by S. S. Alekseev, T. Ya. Khabrieva, and V. V. Lapaeva—are of practical
relevance, as they emphasize that legal policy should not be limited to
technocratic instruments of regulation.
Integrating these principles makes it possible to consider the level of legal culture,
the system of social values, and the regional features of law enforcement, thereby
transforming normative guidelines into functioning mechanisms adapted to the
diversity of society.
35
Promotion of Human Rights in Japan
. Available at: https://www.asahi.com/ajw/articles/14781323
36
Alekseev, S.S. (1994)
Theory of Law
. Moscow; Khabrieva, T.Ya. (2018)
Legal Policy: Issues of
Theory and Practice
. Moscow; Lapaeva, V.V. (2002)
Legal Policy: Essence, Content, and Forms of
Implementation
. Moscow.
22
This, in turn, highlights the need for a broader methodological foundation capable
of integrating the institutional, social, and value-based dimensions of legal policy.
Such a comprehensive approach, based on a combination of institutional reforms,
active civic participation, and value-oriented norm-setting, constitutes a priority
requirement for achieving the strategic goals of legal policy.
Its implementation ensures the transformation of nationwide legal standards into
effective regulatory instruments, which is particularly important for states
characterized by ethnic and social diversity. As a result, a solid foundation is
formed for the sustainable development of a legal system capable of
simultaneously maintaining institutional efficiency and strengthening citizens’
trust—the fundamental condition for the functioning of both a social and a rule-
of-law state.
Sociological studies conducted by the “Ijtimoiy Fikr” Center for Public Opinion
Research highlight the importance of such an orientation and illustrate a certain
duality in public perception. More than 80% of respondents positively assess the
level of guarantees of fundamental rights and freedoms enshrined in the
Constitution; at the same time, their actual participation in law-making processes
remains limited.
In addition, a persistent regional differentiation has been
observed: the level of legal awareness in urban areas is significantly higher than
in rural regions.
Thus, the identified asymmetry generates risks of reproducing social inequality
and limits the possibilities for the full realization of citizens’ rights.
Under these circumstances, a priority task is the development and implementation
of targeted reforms aimed not only at improving the legal culture of the
population, but also at overcoming the structural gap between different social and
territorial groups. Focused efforts to reduce these disparities can ensure not a
declarative, but a genuinely effective national legal policy. It should also be
recognized that the growth of legal awareness among citizens is gradual and
uneven: differences in its pace and content become a critical factor in shaping a
legal policy aimed at harmonizing a unified legal space and ensuring equal access
to legal mechanisms. Accordingly, the problem is not only quantitative (the level
of legal awareness), but also qualitative, relating to the formation of mature legal
behavior.
37
Center for the Study of Public Opinion "Ijtimoiy Fikr" (2023)
Human Rights and Freedoms:
Assessments, Opinions, and Attitudes
. Tashkent.
23
International practice confirms that the stability of a legal system is determined
by the balance between institutional maturity, public participation, and expert
monitoring. Thus, in Chile, the introduction of mechanisms for public expertise
and legislative monitoring contributed to a 17% increase in public trust in the
judiciary over five years.
Germany has implemented the Zielsteuerung model, which integrates every
normative act into a system of socially significant goals, provides scientific
support, and ensures regular audits of compliance with public expectations.
South Africa, following the end of apartheid, the Truth and Reconciliation
Commission
became a key instrument not only of legal reform, but also of
value-based transformation of society.
These examples show that the effectiveness of legal policy is achieved not so
much through technological innovation, as through the institutionalization of
public participation and the embedding of lawmaking processes within a system
of socially recognized norms and goals.
From this perspective, the situation in Uzbekistan is particularly illustrative.
The projects “Open Budgets” and the platform “e-Ijtimoiy Nazorat” are intended
to expand the channels of public oversight, yet their potential remains limited due
to the absence of a systemic institutional foundation. Without proper normative
consolidation and a stable organizational infrastructure, such mechanisms cannot
evolve into fully functional instruments of legal culture and public trust.
Moreover, their declarative character risks reproducing the very “trust gap”
between the state and society, since the discrepancy between proclaimed goals
and actual outcomes tends to deepen citizens’ skepticism.
For this reason, a priority task of contemporary legal policy is to transform these
tools from isolated digital services into components of a coherent institutional
architecture
integrated
into
the
system
of
public
governance.
Such transformation requires a combination of technological innovation,
normative formalization, and the development of a culture of public dialogue.
In the long run, this model can enhance the transparency of government activity,
eliminate regional disparities in legal culture, and ensure the uniform
38
World Bank (2021)
Chile Justice Sector Reform Project: Implementation Report
.
39
Häberle, P. (1998)
Constitutional Law as a Science of Culture
. Berlin: Duncker & Humblot; Dreier,
H. (2005)
Rule of Law and Democracy
. Tübingen: Mohr Siebeck.
40
Truth and Reconciliation Commission in South Africa: Experience and Lessons
. Available at:
https://ru.wikipedia.org/wiki/Truth_and_Reconciliation_Commission_(South_Africa).
24
dissemination of legal standards across the country. Ultimately, institutionally
supported digitalization forms the foundation for the sustainable development of
the legal system, enhancing its responsiveness to social demands and fostering a
legal environment where declarative norms are replaced by functioning
mechanisms.
At the same time, a major unresolved challenge at the current stage lies in
establishing a coherent feedback system between strategic planning and the actual
outcomes of legal policy.
The absence of regular comparative assessments between planned objectives and
the measurable effectiveness of legislation—including sociological indicators,
expert evaluations, and monitoring of access to justice—increases the risks of
formalized reforms and limits the state’s ability to respond adequately to public
demands.
An additional dimension is introduced by the regional specificities of Uzbekistan,
including its ethnocultural and linguistic diversity and variations in socio-
economic development. These factors objectively necessitate an adaptive concept
of legal policy, one that combines centralized strategic priorities with local
flexibility.
Such an approach makes it possible to maintain a unified trajectory of national
reform while accounting for the distinct features of individual regions, thereby
enhancing the legitimacy and practical applicability of legal norms.
This logic is consistent with contemporary trends in legal science and
international practice. Studies by the World Bank, UNDP, and national analytical
centers emphasize the need to move from declarative models toward a paradigm
of predictability and institutional continuity.
Special attention is given to developing new competencies among lawmaking
actors—such as regulatory impact assessment (RIA), social effect analysis, and
legal verification of normative acts.
Within this framework, the coherence of
law enforcement practices and the capacity of legislation to adapt to regional
specificities become key determinants of an effective legal policy, one capable of
transforming national objectives into practical governance mechanisms.
41
World Bank (2022)
Governance and Law Indicators: Rule of Law and Regulatory Quality
.
Washington, D.C. Available at:
https://www.worldbank.org/en/research; UNDP (2023)
Governance
Development Index in Uzbekistan 2023
. Tashkent. Available at:
25
However, the practice of legal development in the Republic demonstrates a
contradictory dynamic. On the one hand, there remain significant barriers to
access to justice, manifested in citizens’ reliance on informal institutions and the
limited demand for professional legal services. On the other hand, there is a stable
trend toward increasing trust in key state bodies responsible for implementing the
principle of legality. This ambivalence can serve as a basis not only for
institutional reform, but also for targeted efforts to enhance legal culture, remove
structural barriers, and develop sustainable mechanisms for the implementation
of constitutional rights.
A particularly illustrative example is provided by the UNDP’s comprehensive
assessment of citizens’ legal needs. The study revealed that the vast majority of
respondents (83%) facing legal difficulties primarily turn to mahalla self-
governance bodies or family members, bypassing formal state institutions.
practice creates a “corridor of disconnection” between government and citizens,
reducing the effectiveness of ongoing legal policy.
Moreover, the accumulation of such social skepticism may evolve into legal
nihilism, in which state mechanisms are perceived as ineffective and detached
from real societal needs. In the long term, this may slow down institutional
reforms, weaken feedback channels, and ultimately undermine the legitimacy of
the legal system. Under these circumstances, a strategic priority should be the
development of a comprehensive policy document that unites institutional
transformation with systemic measures to strengthen legal awareness, improve
public legal literacy, and build social trust.
The analysis of public opinion and law enforcement practices indicates a gradual
formation of institutional trust, while simultaneously revealing the need to
enhance judicial transparency and the predictability of court decisions.
the systematic improvement of citizens’ legal culture, the elimination of structural
barriers, and the creation of sustainable mechanisms for the realization of
constitutional rights constitute strategically essential components of Uzbekistan’s
national legal policy.
These findings confirm the broader thesis that it is necessary to shift from a
declarative to a programmatic model of legal policy—one in which normative
42
UNDP (2020)
Legal Needs Survey in Uzbekistan: Key Findings
. Tashkent.
43
UNDP Uzbekistan (2020)
Court Satisfaction Level of Uzbekistanis Identified
. Tashkent. Available at:
https://www.undp.org/uzbekistan/publications/court-satisfaction-level-uzbekistanis-identified
26
consistency, effective implementation, and contextual adaptation of legislation to
regional specificities ensure the practical realization of nationwide objectives.
The academic discussion surrounding the programmatic model of legal policy
makes it possible to integrate the theoretical approaches of N. Luhmann, A. Sen,
and R. Dawkins into a unified analytical framework. The synthesis of their
ideas—combined with empirical observation and comparative experience—
suggests that the stability of a national legal system is achieved not through the
formal codification of norms, but through a balanced interaction of institutional
structures, social legitimacy, and regional adaptability. Luhmann emphasizes
institutional integration among diverse actors; Sen highlights the social
orientation of law and the unfolding of human potential; Dawkins focuses on the
adaptation of institutions to the social environment.
While the concepts of Luhmann, Sen, and Dawkins broaden the analytical
horizon of legal policy, their application to national practice requires a critical
and contextual approach. Similar ideas have been developed in the Russian legal
doctrine, where scholars such as S. A. Avakyan and V. V. Lapaeva argue that legal
policy emerges from the interaction between value orientations and institutional
mechanisms. In this perspective, the stability of legal order depends not only on
the quality of the normative base, but also on the level of legal culture and the
coordinated efforts of science, government, and civil society.
Consequently, the comprehensive synthesis of institutional adaptability, social
stability, and civic participation forms a robust and legitimate legal system, one
capable of accounting for regional diversity, harmonizing national priorities, and
ensuring equal access to legal mechanisms. In this sense, legal policy should be
regarded not merely as a set of formal norms, but as an instrument of strategic
and social transformation.
44
Luhmann, N. (2011)
Sociology of Law
. Moscow: Praxis; Sen, A. (2016) The Idea of Justice. Moscow:
Gaidar Institute Press; Dawkins, R. (2013)
The Selfish Gene
. Moscow: AST.
45
Avakyan, S.A. (2020)
Legal Policy and Legal Culture: Theoretical Aspects
,
Journal of Russian Law,
4, pp. 15–28; Lapaeva, V.V. (2019)
Institutional and Value Dimensions of Legal Order
,
Moscow
University Law Bulletin, Series 11, 3, pp. 45–60; Chetvernin, V.A. (2021)
Institutional Theory of Law
and Legal Stability
,
Pravovedenie, 2, pp. 33–48.
27
§3. Axiological Aspects of Legal Policy: Humanization, Justice, and Trust
The development of legal policy cannot be limited solely to legislative activity or
institutional reforms, since formal modernization of legislation without value-
based content does not ensure either its social receptivity or the long-term
viability of the rule of law. This perspective introduces an axiological turn,
centered on the triad of humanization, justice, and trust as the systemic
benchmarks of legal policy. Humanization provides the ethical dimension of legal
regulation, justice serves as the criterion of its social effectiveness, and trust
constitutes the condition for political-legal stability and societal acceptance of
law. This approach finds theoretical grounding in J. Habermas’s argument
regarding the necessity of combining the “factual” and “normative significance”
of legal institutions as a condition for their legitimacy and sustainability.
At the same time, incorporating these values into legal policy triggers intense
scholarly debate. For instance, Russian legal scholar A. A. Guseinov emphasizes
that the humanization of law restores its essential, ethically conditioned character
and serves as a counterbalance to universally repressive regulatory models.
Conversely, adherents of the realist tradition, relying on a pragmatic critique of
legal formalism, point to the risks of excessive individualization, where the
weakening of repressive mechanisms may result in the loss of governability and
reduced effectiveness in maintaining the rule of law.
juncture, J. Habermas introduces the concept of communicative legitimacy,
asserting that norms acquire force only through recognition in public discourse,
thereby posing the challenge for reformers to combine values with democratic
deliberative procedures and institutional accountability.
Thus, humanization forms the ethical foundation of the entire legal policy,
whereas justice becomes not an abstract slogan but a criterion for evaluating its
actual effectiveness. John Rawls, for example, defined justice as “the first virtue
of institutions,” highlighting its priority role in structuring social relations.
46
Habermas, J. (2001)
Factuality and Validity: Towards a Discourse Theory of Law and Democracy
.
Moscow: Academia.
47
Guseinov, A.A. (2019)
Humanization of Law: Ethics and Social Legitimacy
. Moscow: Yurist.
48
Tamanaha, B.Z. (2023)
Tempering Arbitrary Power: A Moral Theory of the Rule of
Law
,
Constitutional Commentary, 38(1); Heinze, E. (2022)
The Most Human Right: Why Free Speech
Is Everything
. Cambridge; Valentini, L. (2023)
Morality and Socially Constructed Norms
,
Philosophy
and Public Affairs, 51(3).
49
Habermas J.
Ibid
.
50
Rawls, J. (1995)
A Theory of Justice
. Novosibirsk: Novosibirsk University Press.
28
Amartya Sen, in turn, emphasizing the practical dimension of the concept,
considers justice through the lens of tangible capabilities and outcomes — the
elimination of injustices and the expansion of opportunities for vulnerable
groups.
Accordingly, in transitional systems, the declaration of principles without clear
institutional mechanisms (such as social assessments, proportionality standards,
and restorative measures) results in justice remaining a mere declaration devoid
of substantive content. This risk is corroborated by scholarly literature, which
underscores the need for procedural codification of accountability, transparency,
and compensatory measures as conditions for transforming principles into
practical standards.
Therefore, integrating justice into legal policy implies not only legislative
expansion and institutional reforms but also the inclusion of trust as a key
operational value. Trust becomes the criterion by which society assesses the real
legitimacy of law and the state evaluates the effectiveness of its reforms.
Domestic scholar K. Alieva, developing this idea, argues that justice should be
institutionalized through mechanisms assessing access to justice for vulnerable
groups, compensation, and transparency of procedures.
Indeed, procedural opacity and insufficient judicial independence, according to
K. Alieva, reduce the level of societal recognition of judicial authority in
transition economies.
This raises the practical significance of public perception
of the legal system in the Republic: UNDP Legal Needs Assessments indicate that
when faced with legal problems, 48.6 % of citizens prefer informal channels,
whereas only a small fraction resorts to lawyers or official mechanisms, with
34.9% experiencing difficulties due to a lack of legal understanding.
highlight the deficit of legal receptivity and confirm that the stability of the rule
of law depends not only on norms but also on societal approval.
In this context, N. Luhmann’s insight becomes particularly relevant: the
reproduction of law relies on expectations of reliability and predictability;
without them, system legitimacy declines, and without legitimacy, stability is
51
Sen, A. (2004)
Development as Freedom
. Moscow: New Edition: Liberal Mission.
52
Lapaeva, V.V. (2020)
Justice and Trust: Russian Context
. Moscow: Infra-M; Bondar, N.S.
(2017)
Constitutional Justice and Judicial Practice
. Moscow: Norma; Valiev, R.G. (2020)
Legal
Institutionalization and Law Institutions: Conceptual Model
,
Lex Russica, 4(73), pp. 103–106.
53
Alieva, K. (2024)
Legal Reform and Access to Justice in Uzbekistan: A Comprehensive Approach
through Free Legal Aid
, In: Society and Innovation, No.1.
54
UNDP (2025)
Legal Needs Assessment Report
(Fieldwork: 24.06–15.07.2024).
29
impossible.
Trust, therefore, functions as a systemic element of the legal order,
linking formal procedures with public perception. International studies confirm
this relationship. In Scandinavian countries, institutional maturity and procedural
transparency ensure high trust in the judiciary (over 80%)
, while in politically
polarized contexts (e.g., certain U.S. assessments for 2024), the proportion of
citizens recognizing judicial legitimacy drops to one-third of the population.
Russian practice, scholars note the phenomenon of “illusory justice”
, where
formal declarations of the right to a fair trial are not accompanied by trust in
impartiality, resulting in limited use of judicial mechanisms.
Consequently, trust is not merely a by-product of correct institutional functioning
but also an independent condition for justice and humanization. If justice is
perceived through trust in impartiality and predictability, humanization creates
the preconditions for its reinforcement. Legal policy, therefore, must aim not
merely at procedural refinement but at establishing an institutional environment
in which trust is the central criterion for assessing the quality of justice and the
resilience of the legal order.
Integration of humanization and justice should be accompanied by measures
directly aimed at strengthening trust in legal institutions. These include: the
development of national indicators of judicial quality, incorporating public trust
metrics; creation of independent public councils at courts and prosecutor’s
offices; expansion of e-justice capabilities and online services; regular
professional development programs for judges and investigators with emphasis
on legal ethics and citizen communication; introduction of public defenders for
socially vulnerable categories; and systematic sociological studies on the
perception of justice and trust in legal authorities.
This strategy can shape the legal environment even in criminal law and procedure,
where humanization and trust are most evident.
the state in prosecutorial decisions, expanding access to restorative procedures,
and securing the victim’s right to decide on initiating or terminating certain cases
55
Luhmann, N. (1983)
Das Recht der Gesellschaft
. Frankfurt am Main: Suhrkamp Verlag.
56
Scandinavian Restorative Justice Practices
(2022)
Nordic Journal of Criminology.
57
Gallup International (2023)
Trust in Courts Around the World: 2023 Report
.
58
Gudkov, L. (2024)
Illusory Justice
. Moscow: Novoe Znanie; Aliev, R.G., Valieva, A.R. (2019)
Justice
as a Cumulative Principle of Law
,
Legal Science, 12, pp. 3–6; Levada Center (2024)
Views on Rights
and Freedoms
, July.
59
Tashpulatov, A.I. (2022)
Principle of Humanism in the Criminal Legislation of the Republic of
Uzbekistan
. In:
Materials of the International Scientific and Practical Conference “Topical Problems of
Criminal Law of Kazakhstan and Uzbekistan: Experience, Problems, and Solutions”. Tashkent.
30
not only reflect a humanistic paradigm but also serve as mechanisms to strengthen
trust and enhance the effectiveness of law enforcement. Restorative justice and
mediation, applied from pre-trial stages to the execution of sentences, shift focus
from punitive responses to the restoration of social ties and offender
resocialization, which, in some international practices, increases public trust in
judicial institutions.
In Scandinavian countries, the development of restorative practices and the focus
on offender resocialization contribute to high trust in judicial institutions. These
approaches emphasize reconciliation and the restoration of social harmony,
enhancing citizens’ perception of law as a fair and reliable tool for regulating
social relations.
In contrast, in Eastern European countries, the adoption of
restorative practices remains inconsistent and faces institutional and political
barriers, limiting their impact on judicial trust. This stark contrast demonstrates
that the resilience of the legal order directly depends on the state’s capacity to
integrate value benchmarks into normative and institutional practice, particularly
in transitional societies.
Therefore, effective legal policy cannot be reduced to the improvement of formal
institutions. Its sustainability is achieved through the organic integration of
humanization, justice, and trust as core principles. Without such integration, any
formal changes will be superficial and will not meaningfully affect public
perception of law. Specific measures may include mandatory expert review of
draft legislation for compliance with humanization and justice principles,
development of a national legal justice index considering access to justice,
protection of vulnerable groups, and procedural transparency (analogous to the
international Rule of Law Index), as well as institutionalization of mediation and
restorative justice, which, according to J. Braithwaite, ensure “social restoration
of trust through dialogue and compensation.”
Such comprehensive transformation requires not declarations but institutional
guarantees and systematic monitoring mechanisms. Implementing monitoring
standards for the realization of humanistic provisions will prevent formalistic
application. Accounting for interregional differences and involving community-
60
Nordic Council of Ministers (2022)
Trust in Justice Systems in Scandinavia
. Copenhagen: NCM;
Hansen, T. (2006)
Restorative Justice in Eastern Europe: Challenges and Perspectives
,
International
Journal of Restorative Justice, 2(1).
61
Braithwaite, J. (2002)
Restorative Justice and Responsive Regulation
. Oxford: Oxford University
Press. 315 p.
31
based practices (including neighborhood reconciliation mechanisms) can reduce
citizens’ reliance on informal conflict-resolution channels and strengthen the
status of law as a tool for social coordination. Humanism and justice thus cease
to be abstract concepts and become instruments for evaluating the effectiveness
of the legal system.
Evaluation methods should consider institutional responses to social differences
and enforce proportionality in decisions depending on the vulnerability of
population groups. This may involve mandatory social assessments in legislative
drafting and judicial practice, as well as mechanisms for legal restitution for
citizens affected by unjust decisions. Trust in the legal system thereby acquires
an institutional form, becoming a key indicator of its viability.
International experience demonstrates that trust in the legal system is a decisive
factor for the resilience of the rule of law. Comparative data indicate that in
countries with a high level of institutional maturity — notably according to the
Rule of Law Index — public trust in judicial authorities correlates with
procedural transparency and accountability.
include enhancing transparency of pre-trial and judicial procedures,
strengthening judicial independence, and ensuring accountability of justice
bodies. Effective instruments may include mandatory public disclosure of court
decisions with reasoning, establishment of independent oversight bodies for
procedural standards and expanded public legal education programs. These
measures can strengthen trust in courts and law enforcement agencies and
enhance institutional legitimacy at the regional level.
Ultimately, this results in a legal policy grounded in ethical regulation and
genuine access to law. Only with the combination of humanization, justice, and
trust with concrete legislative and organizational measures can we ensure the
sustainability and legitimacy of the legal system. This approach, as emphasized
by J. Braithwaite in the restorative justice concept, transforms law from an
instrumental model into a system that ensures alignment of interests and genuine
legitimacy of judicial authority.
62
World Justice Project (2023)
The World Justice Project. Rule of Law Index 2023
. Washington, DC:
WJP.
63
Braithwaite J.
Ibid
.
32
Chapter II. Constitutional Foundations of Legal Policy
§1. Constitution and the Rule of Law: Direct Effect and Implementation
Challenges
The Constitution serves not only as a source of legal norms but also as the highest
legal and value-political authority, shaping the strategic guidelines for the
development of the legal system and defining the axiological boundaries of the
entire state legal policy. In contemporary legal thought, it is increasingly
interpreted as a normative-value code, encompassing the ideological core of
national legal policy and ensuring the institutional integrity of legal space.
Thus, the Constitution of the Republic of Uzbekistan performs not only a legal
but also a worldview function, linking law, politics, and societal expectations. Its
new edition reflects a shift from a formally normative model to a value-oriented
statehood, signaling a qualitative change in understanding the role of law—from
abstract regulation to recognition of the individual and their rights as the highest
value. Such a transition reflects a trend characteristic of 21st-century
constitutionalism, where the norms of the Fundamental Law acquire the character
of value imperatives aimed at ensuring justice, equality, and sustainable
development. Accordingly, the Constitution sets not only the framework for
lawmaking but also establishes the value framework of the entire legal policy,
encompassing the rule of law, the priority of individual rights and freedoms, the
principle of social justice, separation of powers, and accountability of the
authorities to society. Collectively, these principles ensure a stable balance
between public authority and individual autonomy, a crucial condition for modern
democratic statehood.
In this context, the principle of the rule of law is of particular importance. In
Western and Russian legal doctrines, it is regarded as a cornerstone for the
legitimacy and stability of the politico-legal system. F. Hayek emphasized that
the rule of law prevents arbitrariness and ensures predictability of legal
regulation.
John Rawls associated this principle with clarity and stability of norms, ensuring
that state bodies act within law.
B. Tamanaha, in turn, highlighted that the “rule
64
Hayek, F. (1991)
The Road to Serfdom
. Translated from English. Moscow: Respublika, pp. 45–47.
65
Rawls, J. (1989)
The Rule of Law
. Translated from English. Moscow: Progress, pp. 210–215.
33
of law” is not only a legal but also a social phenomenon, since without citizens’
trust in the law, its formal effect loses force.
In national constitutionalism, the principle of the rule of law is codified through
the requirement that it must be observed by all public authorities. In theory, it is
seen as a reliable barrier against arbitrariness and as an institutional guarantee of
public trust in state structures. However, in practice, this imperative is not fully
realized.
Analysis shows that only a limited number of laws possess the quality of directly
applicable norms, while the vast majority require detailed regulations or official
clarifications. This creates a paradoxical situation: the law is proclaimed as the
source of the highest legal force, yet its actual applicability depends on
subordinate legislation. Consequently, the basic meaning of the constitutional
model is to undermine the law itself should determine the rules of conduct, not
derivative acts.
Such a shift in emphasis generates a number of negative consequences: slowing
down judicial and legislative reforms, reducing the effectiveness of law
enforcement, and increasing transactional costs for citizens and businesses.
Delegating lawmaking powers to the executive creates a tradition of
“circumventing” the law, where subordinate acts not only specify norms but
effectively replace their content.
In the context of liberalizing economic activity, stable and predictable legal
foundations that ensure transparency and equality of conditions for all
participants are particularly important. Directly applicable laws reduce legal
uncertainty, strengthen the protection of property and investor rights, minimize
the dependence of key decisions on subordinate acts, and create the basis for long-
term institutional stability. Hence arises a methodological dilemma: how to
reconcile the constitutional proclamation of the rule of law with the practice of
normative “completion” through subordinate acts?
Clearly, resolving this contradiction is a key task of modern legal policy. Without
overcoming the imbalance between the “letter” of the Constitution and the
“spirit” of subordinate regulation,
it is impossible to ensure genuine legal
certainty and strengthen trust in state institutions.
66
Tamanaha, B. (2006)
On the Rule of Law
. Translated from English. Moscow: Yurist, pp. 50–55.
67
Tikhomirov, Yu.A. (2020)
Theory of Law
. Moscow: Yurist.
34
This issue is especially significant in the context of international integration.
Uzbekistan’s prospective accession to the World Trade Organization and other
global organizations raises the problem of harmonizing national legislation with
international standards. Directly applicable laws thus become not merely a tool
of domestic modernization, but a key condition for the state’s foreign policy and
economic legitimacy on the global stage. Their adoption accelerates the
adaptation of the legal framework, facilitates integration into global economic
and legal structures, and contributes to a positive international image of the
country.
At the same time, mere formal incorporation of international standards into
national law does not guarantee their effective implementation. Another dilemma
arises: should universal directly applicable laws covering entire sectors be
created, or is it more expedient to formulate narrowly focused acts addressing
specific segments of legal regulation? The answer affects not only the quality of
integration into the international community but also the stability of the domestic
legal system. Directly applicable laws exert systemic influence on the legal and
social spheres, setting standards in human rights protection, anti-corruption,
environmental regulation, and social justice. Direct effect presupposes high
enforceability, minimal subjective interpretation and bureaucratic delay, and
immediate impact on citizens’ daily lives. In this sense, such laws represent the
practical embodiment of the rule of law, transforming it from a declarative
principle into an effective instrument of social and economic development.
Thus, a priority task of state legal policy is the institutionalization of directly
applicable laws as a leading mechanism to overcome legal uncertainty and
integrate into the international community. Without this, it is impossible to ensure
not only the competitiveness of the national economy but also a stable,
authoritative, and predictable legal system.
In this regard, the experience of Central and Eastern European countries, as well
as the Baltic states, is of particular interest. After transitioning from a command-
administrative economy to a market model, directly applicable laws became the
main instrument of legal transformation. In Poland, the Czech Republic,
Lithuania, and Estonia, extensive codification of sectoral legislation based on the
principle of direct applicability was carried out already in the 1990s. These efforts
35
significantly reduced dependence on subordinate acts, increased legal
predictability, and ensured compliance with international obligations.
This experience is practically relevant for Uzbekistan. It demonstrates that legal
reforms oriented toward directly applicable laws require not only institutional
will but also accompanying social mechanisms—legal education programs,
systematic training of civil servants, and broad participation of the expert
community. Without these components, even formally progressive reforms may
lose effectiveness and become declarative.
The effectiveness of directly applicable laws also depends on the clear distinction
between primary and secondary legislation. Insufficient systematization creates
conditions where formal laws lose their independent significance and effectively
become subordinate to the logic of subordinate regulation.
Examination of laws adopted in 2023 shows that approximately 70% were
developed in execution of Decrees and Resolutions of the President of the
Republic of Uzbekistan, the provisions of which limited the scope of legislative
regulation of the corresponding public relations. In practice, this creates a
paradoxical situation: formally, laws are intended to regulate certain spheres, but
it is subordinate acts that determine their content and applicability.
laws with direct effects lose their independence and become dependent on
instructions formed in the process of subordinate regulation, weakening their role
in ensuring the rule of law and reducing the transparency of the lawmaking
process.
This lawmaking model, which has developed in Uzbekistan in recent years,
undoubtedly generates a number of systemic risks. First, excessive dominance of
presidential decrees and orders in strategic governance effectively prioritizes
subordinate acts over laws, contradicting the constitutional hierarchy of
normative sources. Second, this undermines the balance between branches of
power, weakening the effectiveness of the system of checks and balances, without
which a full separation of powers is impossible. Third, such practice reduces
transparency in lawmaking and increases legal uncertainty, directly contradicting
the principle of the rule of law.
68
Comparative analysis of lawmaking in the Baltic and Eastern European countries (Latvia, Lithuania,
Estonia) after 2000s
(2019) In: European Commission,
Legislative Reform in Transition Economies.
Brussels.
69
OSCE/ODIHR (2023)
Opinion No. LEGIS-UZB/480/2023 [NS], 08.12.2023
. Available at:
https://legislationline.org/sites/default/files/2024-01/2023-12.
36
From this perspective, the problem of excessive use of reference and blanket
norms in national lawmaking practice becomes particularly significant. As is well
known, excessive dependence of laws on subordinate acts referenced by their
norms reduces their independent regulatory power, leads to a rapid proliferation
of executive acts, and increases the risk of legal conflicts. In legal literature, this
phenomenon is often referred to as “dependent law,” where a law loses its quality
as a directly applicable norm and becomes an instrument of delegated authority.
Recent examples illustrate how this trend manifests in Uzbekistan’s lawmaking.
For instance, in the draft law “On State Social Insurance,” ten of the twenty-seven
articles are of a referential nature, largely reproducing provisions of the existing
law “On Compulsory State Insurance Against Industrial Accidents and
Occupational Diseases.” This not only reduces the independence of new norms
but also complicates their application by state bodies.
Similar problems are evident in the draft law “On the Protection of Children from
All Forms of Violence.” Granting the Cabinet of Ministers broad powers to
identify and support children subjected to violence or at risk effectively makes
the law’s effectiveness dependent on subsequent subordinate acts. This approach
hinders uniform and prompt application of the norms.
Parallels can also be traced in the Customs Code: Article 370 empowers customs
authorities to preliminarily determine the country of origin of goods and the size
of duty; however, the lack of a clear connection with the regulatory subject creates
legal uncertainty. A similar situation arises around the draft laws “On Limited
Liability Companies” and “On Commodity Exchanges,” where a significant part
of the provisions effectively duplicates the law “On Exchanges and Exchange
Activities” (2014). This leads to competing norms and increases the risk of
enforcement conflicts.
Collectively, these facts indicate a national model of legal regulation reproducing
the same problems: complicated law enforcement and reduced trust in the law as
a universal regulator. In the long term, maintaining the dominance of subordinate
regulation inevitably leads to institutional asymmetry, strengthening the
executive power while weakening the role of the parliament.
In the existing situation, laws gradually lose their original purpose as universal
and independent regulators of public relations, turning into a tool for detailing
70
Malko, A.V. (2018)
Dependent Law: Theory and Practice
. Moscow: Yurist.
37
and legitimizing acts already prepared within executive structures. This threatens
the erosion of the separation of powers principle. In other words, from the
perspective of institutional balance theory, such transformation destabilizes the
system of checks and balances, since the Oliy Majlis loses the ability to act as a
real counterbalance, effectively becoming a div for formal approval of decisions
initiated by the executive branch.
An optimal solution in this situation could be the establishment of a specialized
independent div whose main task would be the preparation of directly
applicable laws. The experience of several Central and Eastern European
countries (Poland, Latvia, Czech Republic) suggests that similar institutions, due
to their autonomy from current political conditions, can develop draft acts that
parliaments approve almost without amendments.
The functions of such a div should include not only drafting bills but also
conducting analytical expertise, regular monitoring of their implementation, and
identifying gaps and contradictions in the legal framework. Its activities could
ensure the development of a legal culture in which the rule of law is prioritized
over departmental and political interests.
This highlights a fundamental distinction between formal modernization of
legislation and deep institutional transformation: without the latter, reforms risk
remaining declarative and failing to alter the balance of powers. Systematic
identification of inconsistencies in the normative framework thus serves not only
as an indicator of excessive subordinate regulation but also as an objective basis
for a large-scale secondary legislation reform aimed at restoring balance between
the legislative and executive branches. The repeal of approximately 2,765
subordinate acts that had lost relevance or contradicted laws, carried out in
accordance with Presidential Decree No. UP–6218 of April 30, 2021
, had far-
reaching consequences. It aimed not only at formal “cleansing” of the normative
corpus but also at eliminating practical obstacles to law enforcement, improving
transparency and predictability of regulation, and reducing excessive
administrative burdens on state bodies and businesses.
An expert review conducted by the Ministry of Justice of the Republic of
Uzbekistan in 2024 confirmed the relevance of a systematic approach to
71
Sedelmeier, U. (2014)
Europe after Enlargement
. Oxford: Oxford University Press.
72
Republic of Uzbekistan (2021)
Presidential Decree No. UP—6218
,
April 30, 2021, “On Measures
for Comprehensive Systematization of the National Legislative Database”.
Tashkent: National Registry
of Normative Legal Acts.
38
improving legislation: over 1,860 normative acts were analyzed, more than 350
gaps and inconsistencies were identified, which became the basis for Presidential
Decree No. UP-1111 of August 16, 2024
. However, the effectiveness of such
reforms cannot be ensured solely by one-time revision: systematization must
become a regular process, institutionalized at the level of parliamentary and
public oversight. Insufficient institutionalization of such processes is one of the
key reasons for the superficial nature of reforms in other countries.
In particular, attempts at “regulatory guillotine” measures in Russia to demobilize
legal regulation, without creating sustainable control mechanisms, only led to
temporary optimization without addressing the deeper lawmaking problems.
Therefore, in local conditions, a priority factor is not only the cancellation of
thousands of acts but also the formation of mechanisms to hold officials
accountable for adopting norms that contradict the Constitution or laws. The
absence of systematic methods of oversight over the quality of lawmaking turns
even a comprehensive revision of the normative framework into a formal exercise
devoid of real effect on predictability of law enforcement.
This situation undermines trust in law and creates conditions for “superficial
lawmaking,” where declarative norms lose the ability to influence citizens’ daily
lives. It is appropriate to recognize that reforming lawmaking practice requires
not cosmetic changes but a comprehensive institutional approach combining
procedural review and strengthening mechanisms for ensuring the direct effect of
laws. A priority direction in this process should be amendments to key legislative
acts: “On Normative Legal Acts,” “On Nationwide Discussion of Draft Laws,”
“On the Constitutional Court,” the Rules of the Legislative Chamber of the Oliy
Majlis, and the Code of Administrative Responsibility. However, simply updating
the texts of laws without implementing real supervision mechanisms formalizes
the reform, leaving unaddressed the deep systemic imbalances arising from
excessive dependence of lawmaking on subordinate acts and political pressure.
In this regard, prior expert assessment of draft laws, allowing identification of
legal and socio-economic risks at early stages, is of fundamental importance.
73
Republic of Uzbekistan (2024)
Presidential Decree No. UP-1111, August 16, 2024, “On Measures to
Ensure Stability, Improve Quality and Efficiency of Legal Regulation of Public Relations”
. National
Legal Database.
74
Comparative analysis of the application of the “regulatory guillotine” in Russia
(2019) In: European
Commission,
Legislative Reform in Transition Economies. Brussels; Kudryavtseva, E.V. (2020)
“Regulatory Guillotine in Russia: First Results and Prospects”
,
Journal of Russian Law, 12; Shaburov,
A. (2012)
Legal Reform in Eastern Europe: Lessons and Challenges
. Moscow: Norma.
39
Monitoring drafts initiated by the executive branch, taking into account criteria
of legal certainty, compliance with the Constitution, and forecasting socio-
economic consequences, becomes especially significant. Ignoring this aspect
effectively transforms lawmaking into a politico-administrative process, where
legal logic recedes into the background, and laws lose their universal regulatory
function.
The experience of the Baltic and Eastern European countries
confirms that the
introduction of systematic expertise became a cornerstone of successful legal
transformation and integration of national legislation with international
standards. Russian legal scholar A.V. Malko emphasizes that the absence of such
expertise “turns lawmaking into a formal process subordinate to the political
conjuncture”
. Consequently, the implementation of mandatory quality checks
for draft laws should be perceived as a strategic rather than a technical element
of legal policy.
The creation of a specialized committee in the Legislative Chamber of the Oliy
Majlis for monitoring normative acts, as well as the implementation of an internal
control system within executive authorities under the aegis of the General
Prosecutor’s Office, should be regarded as a key step towards institutionalizing
oversight of lawmaking. This model corresponds to the German system of
parliamentary committees, which have the authority to initiate legal expertise of
existing laws (Böckenförde, 1991), as well as the practice of the European
Commission in monitoring the implementation of EU directives.
similar procedures in the Republic will ensure not a one-time but a systemic
review of compliance of normative acts with the Constitution and directly
applicable laws, significantly reducing the risks of legal gaps and conflicts.
75
Sedelmeier, U. (2016)
Europeanization of Post-Communist Countries: Legal and Political
Transformations
. Moscow.
76
Malko, A.V. (2018)
Legal Policy: Modern Approaches
. Moscow: Norma.
77
Böckenförde, E.W. (1991)
State, Constitution, Democracy
.
Studies in Constitutional Theory and
Constitutional Law
. Frankfurt a.M.: Suhrkamp.
40
§2. Parliamentary Oversight: Constitutional Framework and Political-Legal
Realities
The principle of separation of powers is a key element of the constitutional
architecture of the country’s legal policy. In classical doctrine, it is interpreted as
a safeguard against arbitrariness and as the most important instrument for
legitimizing state authority. In national practice, this principle largely retains a
declarative character.
Despite the formal enshrinement in the updated
Constitution of mechanisms for mutual checks and accountability among the
branches of power, the actual balance remains fragmentary, and the institutional
structure of the political system is asymmetrical.
The most vulnerable part of this mechanism is parliamentary oversight. The
functions of the Oliy Majlis, as provided for in the Constitution and regulatory
acts, are often nominal. In contemporary conditions, the country's parliament
primarily functions as a div for coordinating and approving decisions prepared
by the executive branch. Government-originated bills are frequently adopted
without comprehensive expertise and without the involvement of independent
expert structures, depriving the Oliy Majlis of the role of a full-fledged center of
legislative initiative. Thus, it functions as a secondary institution, performing a
legitimizing function rather than acting as an independent actor in legal policy.
The problem is not only institutional but also historical and political in nature.
Over decades, a model has developed in which the executive branch is perceived
as the main bearer of political will, while the parliament is limited to a procedure
of approval. The absence of stable traditions of separation of powers, weak
professionalization of the deputy corps, and historical underestimation of the
parliament’s oversight function reinforces institutional imbalance. In scholarly
literature, parliament is often described as a “coordinating institution” rather than
an independent legislative actor.
However, uncritical acceptance of this thesis
consolidates the status quo and justifies the weakness of the Oliy Majlis. Real
modernization of the political-legal system requires transforming parliament into
an active center of norm-setting and oversight, without which the rule of law
cannot be ensured.
78
Ruzmetov, Kh. (2005)
Necessary Conditions for the Implementation of the Principle of Separation
of Powers
,
Hukuk, Pravo, Law, 1, pp. 8–15.
79
Yuldashev, A. (2022)
Political-Legal Problems of Parliamentarism Development in Uzbekistan
.
Tashkent.
41
Foreign experience demonstrates the importance of institutionalizing
parliamentary oversight. In Germany, control over the executive branch is
exercised through the powers of the Bundestag and the Federal Council, which
possess real instruments of influence. In the post-Soviet space, mechanisms of
parliamentary supervision are unevenly developed: in Armenia and Georgia,
stable systems of oversight have been established, whereas in Russia and
Kazakhstan, parliaments retain limited authority, forming a model of a “strong
president — weak parliament.”
However, mechanical adoption of foreign models is ineffective for Uzbekistan.
The main problem lies not in the formal structure of institutions, but in political-
legal culture and the resilience of democratic practices. Unlike Western countries,
the domestic parliamentary system is at the stage of institutional formation, and
simple transplantation of experience will not eliminate the imbalance.
Therefore, international recommendations, including OSCE and Venice
Commission documents, also require critical reassessment.
are largely declarative and mainly reduce to general theses on the “need to
strengthen parliamentary oversight,” often overlooking the role of political
culture and the historical-sociocultural specifics of Uzbekistan. In some cases,
these recommendations effectively amount to a formal transfer of Western
models, incompatible with national reality, which increases the risk of
institutional inefficiency and enforcement conflicts.
Thus, one of the key contradictions of contemporary legal policy is that
international standards based on a universalist paradigm can contribute to
“window-dressing modernization” rather than genuine institutional change.
Meanwhile, parliamentary oversight can become an effective instrument only
when its mechanisms are organically integrated into the national system of
governance and provided with real means of political accountability.
Universalization of standards without regard for the differences between
continental and post-Soviet models of parliamentarism leads to superficial
reforms.
International reports often note “gradual progress” in expanding
parliamentary powers. However, these conclusions are generally formal, based
80
Rumyantsev, O.G. (2020)
Constitutionalism in the Post-Soviet Space: Trends and Contradictions
.
Moscow.
81
OSCE/ODIHR (2020)
Uzbekistan Parliamentary Elections Assessment Report
. Warsaw.
82
Abdurakhmanov, A. (2021)
Parliamentary Oversight in Uzbekistan: Problems and Prospects
.
Tashkent.
42
on analysis of legal texts and documents, without considering institutional and
cultural barriers to implementation.
The OECD, UNDP, and OSCE/ODIHR
emphasize the insufficient institutionalization of the parliamentary apparatus and
weak involvement of the expert community in the legislative process.
Implementing these recommendations requires simultaneous enhancement of the
staffing and expert potential of the legislative corps; otherwise, parliamentary
autonomy remains limited.
Only a comprehensive combination of organizational and personnel reforms can
ensure stability, predictability, and transparency of the legislative process, as well
as the effective realization of the principle of the rule of law in national practice.
Herein lies the fundamental methodological problem of international monitoring:
declarative reforms are often perceived as full-fledged institutional changes,
whereas the real level of political competition, the degree of parliamentary
autonomy, and the effectiveness of oversight procedures remain beyond
assessment. This approach creates a distorted picture, in which formally
enshrined powers are equated with real capabilities — which is fundamentally
incorrect in the context of Uzbekistan.
Particular attention is warranted to the discussion in Russian scholarship, which
is productive for comparative analysis. E. V. Blinov notes that parliaments in CIS
countries, including Uzbekistan, often do not serve as “centers for discussion and
critique of power,” leading to the perpetuation of executive dominance.
A. A. Avakyan identifies the phenomenon of “pseudo-oversight,” where
government accountability to parliament is nominal and not accompanied by
political consequences.
These findings allow a critical assessment of the
republican experience, where parliamentary oversight is often reduced to a
symbolic procedure of hearing reports, without the possibility of applying
political sanctions. In this form, it effectively becomes a ritual legitimizing the
executive. Therefore, the key task is not merely to formally expand parliamentary
83
Human Rights Watch (2022)
Uzbekistan: Reform or Regression? Annual Report
. New York.
84
OECD (2024)
Public Governance Review: Uzbekistan 2024
. Paris: OECD Publishing; UNDP
(2025)
Parliamentary Development Report: Uzbekistan
. New York; OSCE/ODIHR (2019)
Preliminary
Assessment of the Legislative Process in the Republic of Uzbekistan
. Warsaw; OSCE/ODIHR
(2023)
Follow-up Assessment of the Legislative Process in the Republic of Uzbekistan
. Warsaw.
85
Blinov, E.V. (2019)
Parliamentary Oversight in CIS States: Experience and Problems
,
Journal of
Russian Law, 12.
86
Avakyan, A.A. (2021)
Constitutional Law of Russia
. Vol. 1. Moscow: Norma.
43
powers, but to create effective mechanisms for their practical implementation,
capable of ensuring real legislative influence on the executive.
Awareness of this institutional vulnerability has also been reflected in the state’s
strategic policy documents. The State Program for the Implementation of the New
Development Strategy of Uzbekistan for 2022–2026 justifiably underscores the
need—viewed through the lens of effectiveness—to revise both the existing
lawmaking practices and the current methods of parliamentary oversight, as well
as to enhance public initiative in public administration through the
institutionalized involvement of citizens in the legislative process.
Particular emphasis is placed on the task of developing mechanisms for citizen
participation at the stages of drafting and adopting laws. At the same time, a key
priority is identified in expanding assessment of the regulatory impact of
legislative acts as part of the introduction of elements of the “smart regulation”
model, with the aim of ensuring the stability, quality, and effectiveness of legal
regulation of social relations. This approach presupposes not a formal borrowing
of the term, but the development of a comprehensive Smart Regulation Program,
including a substantive elaboration of this concept, detailed articulation of its
components, and the establishment of institutional instruments whose application
would ensure a manageable and predictable implementation of the state strategy
in the field of lawmaking.
The further development of these approaches has received systematic conceptual
articulation in a special strategic document—the Concept for Improving Norm-
Making Activity—within which legislative priorities are structured around three
interrelated pillars: ensuring the sustainability and coherence of legislation,
enhancing the quality and technological sophistication of the norm-making cycle,
and strengthening the institutional architecture of norm-making as a whole.
The provisions of this document cover a substantially broader legal scope,
extending to the entire div of public norm-making regardless of sectoral
affiliation or the level of public authority involved. By contrast, the regulatory
scope of the National Program is deliberately narrowed to the processes of
drafting and adopting legislative acts exclusively; it is derivative in nature with
respect to the Concept and is developed within the logic of the practical
implementation of its core provisions.
Nevertheless, despite the existence of a well-defined strategic framework,
parliamentary oversight continues to face persistent institutional and legal-
44
cultural barriers. These barriers stem from the inertia of an executive-centered
governance logic, a deficit of political accountability, and a weak legal culture of
public accountability, which significantly constrains the real potential of
parliamentary oversight as an effective instrument of checks and balances.
Currently, parliamentary oversight faces institutional and cultural-legal barriers.
A. Abdurakhmanov emphasizes its predominantly formal character, where
parliamentary procedures often fail to ensure the rule of law.
assessments are provided by Sh. Mirzaev, noting the insufficient level of political
pluralism and the weakness of the party system, which impedes the full
functioning of the checks and balances mechanism.
parliamentary autonomy is realized only in the context of a developed political
culture and mature civil society institutions.
Collectively, these observations
indicate that formal parliamentary powers, without support from political practice
and active citizen participation, do not guarantee institutional influence.
Domestic research confirms that the key problem of national parliamentarism lies
not so much in legislative gaps, but in the limited system of separation of powers.
Legislative initiatives and normative innovations alone cannot ensure effective
oversight; a harmonious combination of formal powers, civic accountability, and
the comprehensive development of parliamentary infrastructure, political culture,
and societal participation mechanisms is necessary.
The experience of the Bundestag and Federal Council is notable, where oversight
over the executive is accompanied by systematic auditing and expert evaluation
of bills against socially significant objectives.
oversight is exercised through parliamentary committees with the authority to
summon official;
in some Asian states — through parliamentary investigation.
Of particular interest is the practice of South Korea, where parliamentary
oversight has become not only a mechanism of checks and balances but also a
factor in democratization and the formation of legal culture and political
87
Abdurakhmanov, A. (2021)
Parliamentary Oversight in Uzbekistan: Problems and Prospects
.
Tashkent.
88
Mirzaev, Sh. (2024) ‘
Development of Parliamentarism in the New Uzbekistan under Constitutional
Renewal’
,
Society and Innovation, 5, Special Issue.
89
Lapaeva, V.V. (2018) ‘
Constitutional Justice and Parliamentary Oversight: Problems and
Prospects
’,
State and Law, 12, pp. 15–29.
90
Bowler, S., Farrell, D. and Katz, R. (2018)
Voter and parliamentary oversight in Germany
. Oxford:
Oxford University Press.
91
Norton, P. (2013)
Parliaments and Governments in Western Europe
. London: Routledge.
45
accountability.
The institutionalization of oversight processes was accompanied
by civil society activation and increased trust in state institutions, highlighting the
direct relationship between effective legislative oversight and the maturity of
political-legal culture.
Comparison with post-Soviet countries reveals significant differences: while in
South Korea parliamentary oversight became a real mechanism of executive
accountability, in post-Soviet states it often remains performative. The reasons
for weak oversight include not only the parliament’s limited authority but also
insufficiently rooted democratic values, weak political culture, and low
institutional resilience of civil society. In these conditions, for Uzbekistan, it is
important not to directly transplant foreign models but to adapt them to the
national context. Such an approach allows for consideration of real political-legal
conditions in forming genuine parliamentary supervision. It is possible only
through a combination of expanded powers, institutional strengthening of the
Oliy Majlis, civic responsibility development, and growth of public legal
awareness. Only a comprehensive integration of these factors can transform
declarative norms into effective oversight mechanisms and contribute to the
formation of a sustainable legal culture.
The study of foreign practices allows a deeper understanding of the challenges
facing the national legislative model. The lack of genuine parliamentary
autonomy leads to several negative consequences. Firstly, the quality of
legislation declines drafts are primarily prepared by ministries and agencies,
making them vulnerable to narrow departmental interests and political
expediency. Secondly, legislation becomes overly technocratic, overloaded with
details and instructions instead of enshrining universal principles of direct effect.
Thirdly, such practice complicates law enforcement, increases the risk of
conflicts, and weakens trust in law as the supreme regulator of social relations.
The Presidential Decree on eliminating outdated or contradictory subordinate
acts, while creating formal conditions for systematizing the normative base, does
not eliminate structural shortcomings of the legislative system.
92
Shin, D.J. (2020)
Parliamentary Oversight and Democratic Accountability in South Korea
. Seoul:
Korea Democracy Institute.
93
Republic of Uzbekistan (2021)
Decree of the President of the Republic of Uzbekistan No. UP—6218
of April 30, 2021, “On Measures for the Comprehensive Systematization of the National Legislative
Base”.
Tashkent.
46
expanding parliamentary legislative powers and strengthening its institutional
role, such measures remain cosmetic and do not increase enforcement efficiency.
Professionalization of the legislative process thus becomes critically important.
High-quality lawmaking requires not only procedural knowledge and drafting
techniques but also a deep understanding of the rule of law, constitutional
foundations of public order, and the value orientation of norm creation. Only the
combination of these elements can transform a formally organized normative base
into an effective regulatory tool.
In practice, the national model faces a paradoxical situation: despite formally
established procedures and systematization measures, the parliament remains a
dependent institution. Insufficient professional preparation of deputies and their
advisors hinder the development of conceptually coherent laws, limits the
parliament’s ability to formulate independent legislative initiatives, and reduces
its role in the separation of powers system. As a result, even after “cleaning” the
normative base, parliamentary activity remains insufficiently effective, and the
parliament’s capacity to influence political-legal initiatives is significantly
constrained.
Similar positions are observed in Russian constitutional law scholarship. V.
Sakharov emphasizes that formal compliance with procedures does not guarantee
real legislative autonomy,
while Y. Krasheninnikov adds that in the absence of
institutional support, the parliament cannot fulfill its political balancing
function.
An essential but often ignored element of the legislative process is
citizen participation — the ultimate addressees of the law. In Uzbekistan, this
participation is often limited to formal procedures: citizens’ appeals are
considered selectively, and public discussions of bills are episodic and do not
substantially influence the final drafting. This practice reproduces the established
bureaucratic archetype, where civic involvement serves more as a ritual
confirmation of a “democratic image” than as an effective instrument of
legislative democratization.
A modern approach, devoid of mechanisms for public participation, is
conceptually flawed. Law becomes an instrument of formal control, and the legal
system reproduces itself quantitatively without acquiring qualitative content. A
94
Sakharov, V. (2021)
Constitutional Autonomy of the Parliament in Contemporary Conditions
.
Moscow, p. 45.
95
Krasheninnikov, Y. (2020)
Parliament and Balance of Power
. St. Petersburg, p. 78.
47
paradox emerges: as the volume of legislation increases, its social value
decreases, and enforcement practice becomes less predictable. In the long term,
this threatens institutional stability and undermines trust in law as a universal
regulator of social relations.
Developing the national legislative model requires rethinking not only citizen
engagement procedures but also political-legal culture itself. It is insufficient to
limit oneself to declarations of the “right to participate”; a systematic study of its
effectiveness is necessary — how it genuinely influences the content of norms,
contributes to legislative quality, and strengthens democratic public order.
In this context, a fundamental question arises: should the parliament remain
exclusively a “law-making institution,” or should it become a space for dialogue
between the state and society? Experiences of Switzerland, the Scandinavian
countries, and Estonia show that the latter option ensures the stability of laws and
institutions.
For Uzbekistan, this entails the synchronized institutional
modernization of the parliament and the creation of genuine mechanisms for
citizen participation — digital platforms for open discussion of bills, regular
public hearings, and obligatory responses to submitted proposals.
Modern technologies objectively facilitate this process. The creation of a unified
electronic register of normative acts containing current versions of all effective
documents increases legislative transparency, promotes legal literacy, and
expands opportunities for public oversight. At the same time, the register alone
does not guarantee legal quality. With texts overloaded by references creating
dependence on subordinate regulations, digitalization risks becoming a “technical
showcase.” It may create the appearance of openness without ensuring actual
improvements in accessibility, predictability, and enforcement efficiency.
Therefore, digital tools must be accompanied by institutional improvements in
the parliament and law enforcement bodies, professional training for legislators,
and enhanced expert analysis of draft normative acts.
In this context, the functioning “E-Qonun” electronic system is indicative: it
primarily performs registration and publication functions, effectively remaining
an electronic archive. Its potential as a tool for automated bill analysis —
including compliance checks with direct effect principles, identification of
96
Linder, W. and Mueller, S. (2021)
Swiss Democracy: Possible Solutions to Conflict in Multicultural
Societies
. Palgrave Macmillan; Petersson, O. and Hermansson, J. (2019)
Democracy the Swedish Way
.
SNS Förlag; Drechsler, W. (2020)
Estonia as a Role Model for e-Governance
,
OECD Journal on
Budgeting.
48
redundant references to subordinate acts, and elimination of duplicative norms —
remains untapped. This underscores the need to integrate technological solutions
with institutional and personnel measures so that digitalization becomes not only
a convenient form of information storage but a real tool for improving legislative
quality. Meanwhile, the situation reflects the inherent inertia of the national legal
system: digital resources are primarily adopted as a technical shell rather than a
substantive lawmaking instrument.
Therefore, the integration of intelligent analytical tools should be seen not as a
fashionable trend but as part of a strategic modernization of the legislative
process. Only in this case can digitalization not merely “digitize” legislation but
enhance its conceptual quality, coherence, and social value, transforming it into
an instrument of genuine lawmaking democratization.
Global experience shows that integrating analytical platforms and artificial
intelligence technologies can radically transform the nature of norm creation.
This involves not only reducing bill review times but also minimizing legal
conflicts, ensuring systematization and coherence of legislation, and aligning it
with constitutional standards and international obligations. In an increasingly
integrated global legal and economic environment, this transition is not a
technological choice but a strategic necessity.
The current problem in the digitalization of domestic legislation is not only its
fragmentariness but also the lack of a comprehensive conceptual model capable
of ensuring real accessibility and transparency of the lawmaking process. Despite
the existence of electronic resources, in most cases they do not provide full open
and operational access to legal acts, especially in a systematized form. Developed
legal systems have integrated digital ecosystems providing access to draft acts
and feedback mechanisms influencing their final content¹.
For instance, the
legislation.gov.uk
system in the UK provides an open access to
legislation and analytical search options
, and the EUR-Lex portal in the EU,
where normative acts are accompanied by explanatory documents and impact
assessments.
Estonia has gone further, creating an e-government framework in
which draft laws are discussed with a wide range of stakeholders in real time.
97
Legislation.gov.uk
- Official Portal of UK Legislation. Available at: https://www.legislation.gov.uk.
98
OECD (2022)
Better Regulation Practices across the European Union
. Paris: OECD Publishing;
EUR-Lex Access to European Union Law. Available at:
99
e-Estonia Digital Society
. Available at: https://e-estonia.com.
49
Equally important for strengthening parliamentary oversight is the establishment
within the Legislative Chamber of the Oliy Majlis of independent expert groups
comprising lawyers, economists, business representatives, and civil society
members. Assigning them the task of comprehensive bill evaluation will allow
timely assessment of practical applicability and self-sufficiency, minimizing
overreliance on subordinate regulation. Foreign experience, from the UK to the
Baltic and Eastern European countries, shows that early involvement of the expert
community and civil society institutions significantly increases legislative
stability, reduces the number of subsequent amendments, and strengthens trust in
the legal system, especially in transitional economies.
§ 3. Constitutional Norms as a Strategic Factor in State Development
In the context of structural transformations in the system of public administration,
the strategic character of the Constitution is manifested not only through the
consolidation of fundamental principles but also by means of special legal
mechanisms preventing the deviation of law-making from the constitutional
framework.
One of the most effective mechanisms in global practice is preventive
constitutional review, which enables the verification of draft laws and other acts
for conformity with the Basic Law even before their entry into force. Thus, the
models implemented by the Constitutional Council of France and the Federal
Constitutional Court of Germany prevent the emergence of norms that are
initially inconsistent with the Constitution.¹ Such experience is especially
relevant for the Republic, since the absence of similar instruments makes even a
progressive text of the Basic Law vulnerable to sub-legal rule-making, thereby
weakening its strategic potential.
The main challenge lies not so much in the
formulation
of norms as in their
implementation
. In transitional systems, constitutional provisions often remain
declarative. To avoid this, effective mechanisms are required — direct
applicability of certain constitutional provisions, the institution of constitutional
complaint, the expansion of the Ombudsman’s powers, and systematic legal
monitoring of the Constitution’s implementation. All these instruments
strengthen trust in law and transform the Constitution from a political slogan into
a practical tool of governance.
50
The direct effect of constitutional norms plays a decisive role in this process.
Their imperative provisions simultaneously serve as a guideline for the activities
of public authorities and as a criterion for the admissibility of their decisions. Of
particular importance is Article 15, which enshrines the supremacy of the
Constitution: no law, other normative act, or action of public bodies may
contradict it. The article performs a dual function — limiting state power and, at
the same time, granting it legitimacy, thus forming the legal basis for the
functioning of the entire state system.
However, the practical realization of these provisions faces several difficulties. A
significant part of the current legislation has a framework character, requiring
further elaboration through sub-legal acts, which weakens the immediate effect
of constitutional norms and leaves them largely declarative. As a result, there
arises the risk of
erosion of constitutional supremacy
, a decline of citizens’ trust
in the legal system, and the loss of the strategic function of constitutional review.
Hence the conclusion: constitutional norms can perform the role of a strategic
instrument of legal policy only when their direct effect and systemic application
of constitutional control are guaranteed.
Otherwise, they risk turning into
nominal formulas deprived of genuine institutional substance.
The practice of post-socialist states, including the Baltic and Eastern European
countries, demonstrates that during the transformation of the legal environment,
constitutional norms serve as an institutional “core,” constraining arbitrary use of
sub-legal regulation and fostering public trust in state institutions.
experience is equally relevant for Uzbekistan: the renewed Constitution requires
the assurance of the
real effectiveness
of the guarantees enshrined therein,
transforming declarative principles into functioning mechanisms.
Excessive reference to constitutional provisions without their legislative
specification breeds uncertainty and broad interpretation. In national practice, this
is reflected in the fact that courts and other bodies often have to “fill in” the
meaning of constitutional provisions on their own, creating risks of judicial
activism and politicization of law enforcement.
articles
should
and
must
have direct effect. For example, Article 13, which
100
Favoreu, L. and Philip, L. (2020)
Les grandes décisions du Conseil constitutionnel
. Paris: Dalloz;
Kommers, D.P. and Miller, R.A. (2012)
The Constitutional Jurisprudence of the Federal Republic of
Germany
. Durham: Duke University Press.
101
Karakhojaeva, O.R. (2022)
Konstitutsionnyy kontrolʹ i konstitutsionnoe sudoproizvodstvo
. Tashkent.
102
Chirkin, V.E. (2019)
Konstitutsionnoe pravo zarubezhnykh stran
. Moscow: Norma.
51
enshrines the democratic principles of state structure and the supremacy of the
Constitution, serves as the legal basis for appealing actions of public authorities
that violate citizens’ rights.
Similarly, Article 33, which guarantees freedom of
opinion, belief, and expression, is applied to suppress unlawful restrictions and
censorship.
Nevertheless, many provisions remain programmatic in nature. Thus, Articles 42
(the right to freedom of association) and 43 (the right to judicial protection)
require legislative elaboration through clear procedural rules. Without such
detailing, even seemingly significant constitutional guarantees risk remaining
symbolic formulas. The problem becomes particularly acute in the field of socio-
economic rights (Arts. 46–50), which secure a broad spectrum of entitlements —
to social security, medical assistance, education, and labor. The absence of clear
criteria for granting social aid, mechanisms for employment assurance, and
standards of social-service quality limits the direct effect of these provisions.
Consequently, the realization of socio-economic rights depends heavily on
political will and state resources.
Compliance with constitutional obligations related to citizens’ duties (Arts. 61–
62) is equally problematic. These provisions lack sufficient regulatory weight and
largely retain a moral-political nature, casting doubt on their perception as norms
of direct action. To render them effective, additional regulatory and institutional
measures are required: the introduction of administrative mechanisms of
environmental control, the development of cultural-heritage programs, and the
institutionalization of accountability for state bodies.
In Uzbekistan, the implementation of directly applicable constitutional norms
encounters serious structural barriers. The main difficulty lies in the fact that the
judiciary and executive bodies are often not prepared to apply them
independently, especially in cases where provisions of current legislation diverge
from the constitutional imperative.
This results not only from limited
enforcement practice but also from the entrenched tradition of prioritizing sub-
legal acts over the direct application of constitutional norms. The persistent
judicial “dependence on statutory law” is explained not only by habit but also by
the limited institutional conditions for the Constitution’s direct use. Although
103
Venice Commission (2023)
Opinion on the Constitutional Reform in Uzbekistan CDL-AD
(2023)020
. Strasbourg.
104
Ensuring Justice and the Rule of Law in Uzbekistan in the Context of Judicial and Legal
Reforms
(2023)
EU Reporter, 30 Oct.
52
Article 15 establishes the supremacy of its norms and Article 20 instructs that
legal ambiguities be interpreted in favor of the individual, courts in practice show
caution in invoking these provisions. Such restraint stems from professional
stereotypes, weak methodology of constitutional interpretation, and the limited
autonomy of the judiciary. Consequently, the Constitution is perceived more as a
value framework
than as an
effective source of law
, which undermines the
protection of civil rights and hinders the institutionalization of norms of direct
effect.
The roots of this problem lie not only in institutional weakness but also in
prevailing methodological orientations within the legal community. For this
reason, discussions on the implementation of the Basic Law develop along two
approaches: the positivist, emphasizing formal procedures and legal technique,
and the axiological, which treats constitutional norms as value-laden
prescriptions whose absence renders formalism illegitimate. As noted by J.
Habermas
and R. Alexy
, precisely the axiological perspective allows the
Constitution to be seen not as an abstract compilation of rules but as a living
instrument organically connected to institutions and social traditions. Such an
approach ensures coherence between theory and practice
3
and opens the way
toward fuller realization of the Constitution’s direct effect.
A vivid example of this tendency can be found in the Ruling of the Constitutional
Court of the Republic of Uzbekistan No. PKS-32 of July 23, 2024, whose
principles have found concrete implementation in clarifying the procedures
governing restrictions of individual freedoms, including detention, search,
telephone surveillance, and pre-trial custody
4
. These clarifications demonstrate
that the Constitution is not confined to declarations but establishes
practical
guidelines
for the actions of state bodies.
Given that the direct effect of constitutional norms manifests itself not only in
filling legal gaps but also in setting the strategic vector for state development, a
value-institutional interpretation of the Basic Law transforms it from a declarative
text into the foundation of a sustainable legal identity for both society and the
state.
105
Habermas, J. (1996)
Between Facts and Norms: Contributions to a Discourse Theory of Law and
Democracy
. Cambridge (Russian ed. SPb.: Nauka, 2000).
106
Alexy, R. (2002)
A Theory of Constitutional Rights
. Oxford: Oxford University Press (Russian ed.
Moscow: Infra-M, 2010).
53
The effectiveness of such approaches in Europe is ensured through specialized
constitutional chambers and judicial reforms, which enhance the predictability of
law enforcement and strengthen citizens’ trust in justice.
mechanical transfer of foreign models without considering national legal
traditions and the current state of judicial institutions may lead to institutional
fragmentation and jurisdictional conflicts. At the same time, similar risks often
arise from internal factors: legislative gaps, partial absence of regulation in
certain fields, and inconsistencies between individual legal norms and
constitutional provisions, which collectively generate legal collisions.
For instance, inconsistencies with constitutional norms were revealed in the
preparation of the draft law
“On the Diplomatic Service”
(Art. 8 and Part 2 of
Art. 9) as well as the law
“On Amendments and Additions to the Criminal,
Criminal-Procedural Codes and the Code of Administrative Liability,”
where the
principle of proportionality (Part 4 of Art. 20 of the Constitution) was violated —
sanctions for acts differing in social danger turned out to be identical
1
. Similar
problems are observed in the law
“On Amendments and Additions to Certain
Legislative Acts in Connection with the Improvement of the Constitutional
Foundations of Local Public Authorities,”
which lacks mechanisms for
implementing constitutional provisions. In other draft laws, duplication of
constitutional and sectoral legal norms is also recorded.
The presence of such defects indicates not only shortcomings in legislative
technique but also the limited scope of public oversight mechanisms, which could
detect and correct inconsistencies at the discussion stage. Without independent
expert platforms and a stable feedback system between the state and society, even
the most progressive constitutional guarantees lose practical force, turning into
declarative provisions without real influence on law enforcement.
The regional experience of Central Asia demonstrates that the activation of civil
institutions and the expansion of mechanisms of public control can compensate
for institutional gaps, turning formal norms into effective tools and increasing the
efficiency of constitutional implementation. For example, in Kazakhstan, through
electronic platforms such as
“eGov”
and
“Open Government,”
citizens can
submit appeals, inquiries, and complaints to public authorities, thus promoting
107
Gafurov, A.B. (2023)
The Formation and Development of Constitutional Judicial Review in
Uzbekistan: Theoretical and Practical Issues
. Doctoral Thesis Abstract. Tashkent.
108
Explanatory Statement on the Application of Constitutional Articles Concerning Detention, Search,
Telephone Surveillance and Custody
(2024) Available at: https://www.kun.uz/ru/news/2024/12/12/.
54
fuller realization of constitutional guarantees. A similar process is observed in
Kyrgyzstan, where public-oversight institutions attached to parliament and
government enable citizens to influence law-making and enforcement.
Uzbekistan, the direct borrowing of these practices requires gradual adaptation
considering institutional constraints and possible resistance from executive
authorities.
Hence, without a comprehensive impact on the entire legal system — supported
by personnel, educational, and institutional mechanisms — the declaration of
constitutional supremacy remains formal. A key element in this process is raising
the legal culture of both citizens and law-enforcement officials, spreading
knowledge about constitutional rights and duties, and understanding the
principles of the legal system’s operation.
A vital role here is played by the training of specialists capable of applying
constitutional provisions directly, without recourse to intermediate normative
acts. In countries with developed systems of constitutional review — Germany,
South Korea, and France — this practice is integrated into educational
standards.
Thus, in Germany, ordinary courts actively apply the Basic Law
directly, and the institution of the constitutional complaint allows every citizen to
challenge violations of their rights. In South Korea, the Constitutional Court
reviews complaints not only against normative acts but also against the inaction
of public authorities, ensuring a high level of rights protection. The French
procedure of the priority question of constitutionality (QPC) enables disputing
doubtful norms during court proceedings, thereby strengthening public
confidence in justice.
For Uzbekistan, the introduction of similar mechanisms is possible through
enshrining in procedural codes the obligation of judges and law-enforcement
officers to verify the constitutionality of the norms they apply and to refer directly
to constitutional provisions in the reasoning of their decisions. Judicial bodies
should have the authority to suspend proceedings and submit requests on
109
Comparative Constitutional Law of Eastern Europe
(2021) Vilnius; Open Government Partnership
(OGP) (2022)
Open Government Partnership: Kazakhstan and Kyrgyzstan Reports
.
110
Republic of Uzbekistan
Draft Law on the Diplomatic Service
(Arts. 8, 9);
Law on Amendments to
the Criminal, Criminal-Procedural Codes and Code of Administrative Liability
;
Law on Amendments
to Certain Legislative Acts Related to Improving Constitutional Foundations of Local Authorities
.
111
Comparative Constitutional Law: Germany, Korea, France
(2021) Oxford.
112
Institute of Legislation and Comparative Law under the Government of the Russian Federation
(2022)
Political and Legal Mechanisms for Ensuring the Supremacy of the Constitution in Foreign
States. Moscow.
55
constitutionality to the Constitutional Court, while participants in proceedings
should have the right to petition for declaring unconstitutional the norms applied
in their cases. Implementing such a model will establish the practice of mandatory
constitutional reasoning in judicial acts, thereby reinforcing the supremacy of the
Constitution and preventing arbitrary interpretation of law.
Comparable mechanisms already function successfully in several states. In
Germany, the institution of concrete judicial review (§100 of the Basic Law)
allows any court to suspend consideration of a case and refer a question to the
Constitutional Court if doubts arise about the constitutionality of the applicable
norm.
In Italy and Spain, similar procedures ensure a close link between
ordinary courts and constitutional review bodies, turning the Constitution into a
real source of law rather than a mere political declaration.
The experience of these countries shows that the effectiveness of this model
largely depends on the active role of the Constitutional Court itself. For
Uzbekistan, regular publication of explanations and commentaries on its
decisions, including concrete examples of practical application, could become a
vital element of a unified model of the Constitution’s direct effect. Such practice
ensures transparency of judicial activity, enhances public legal awareness, and
transforms court rulings into stable guidelines for law-enforcement bodies at all
levels.
Creating a system in which Constitutional Court decisions are perceived as
binding precedents represents a central mechanism for institutionalizing the
principle of the Constitution’s direct effect.
perception of the Basic Law not as a symbolic declaration but as an operative
regulator of social relations.
Empowering the Ombudsman to apply to the Constitutional Court in cases of
citizens’ rights violations expands the channels of constitutional protection and
strengthens interaction between society and the judiciary. Simultaneously, the
introduction of the constitutional complaint not only provides direct access of
citizens to justice but also transforms the Constitution from a declarative
113
Kommers, D.P. (2012)
The Constitutional Jurisprudence of the Federal Republic of Germany
.
Durham:
114
Stone-Sweet, A. (2000)
Governing with Judges: Constitutional Politics in Europe
. Oxford: Oxford
University Press.
115
Alexy, R. (2002)
A Theory of Constitutional Rights
. Oxford: Oxford University Press.
116
Comparative Constitutional Law of Eastern Europe
(2021) Vilnius.
56
document into a genuinely functioning legal mechanism. In this way, a transition
takes place toward the model of “living constitutionalism,” in which the Basic
Law becomes an effective instrument of checks and balances, consolidating trust
in institutions and forming the legal identity of the state.
Such an institutional measure establishes an additional level of control over the
observance of rights and freedoms, thereby enhancing the effectiveness of the
Constitution’s direct effect. Borrowed from European practice, this approach
gives legal policy a value-normative dimension, turning the Constitution into an
instrument of democratic development rather than merely a juridical foundation
of state organization. In this context, the development of the Ombudsman
institution in combination with constitutional-control mechanisms ensures
systemic integration of human-rights protection into the activities of public
authorities. Ombudsman acts as a link between society and the judiciary,
increasing trust in justice and transforming constitutional supremacy into a
functioning principle of governance.
The introduction of the constitutional complaint into the national legal system
represents the next stage in the evolution of constitutional justice aimed at
enhancing its accessibility and efficiency. The 2023 constitutional reform laid the
normative foundation for expanding judicial protection of human rights, thereby
bringing Uzbekistan closer to models typical of continental Europe. In most
modern states, the constitutional complaint serves as a mechanism of
individualized constitutional control, enabling citizens to defend their rights
directly when violated by a law, sub-legal act, or judicial decision. This
instrument does not replace ordinary judicial procedures but supplements them,
eliminating the gap between ordinary and constitutional justice.
In Germany and Spain, for example, the individual constitutional complaint
(
Verfassungsbeschwerde, recurso de amparo
) has become a key institution of the
constitutional state, transforming the Constitution into a functioning instrument
of individual-rights protection.
In Poland and the Czech Republic, it is
institutionally integrated into the judicial system as a form of post-legislative
review, ensuring consistency of law enforcement with constitutional principles.
For Uzbekistan, the introduction of this mechanism has not only legal but also
state-political significance: it contributes to the formation of a constitutional
117
Venice Commission (2010)
Individual Access to Constitutional Justice
. Strasbourg: Council of
Europe.
118
OECD (2020)
Constitutional Justice in Transition Economies
. Paris: OECD Publishing.
57
culture in which the protection of individual rights becomes part of public legal
consciousness.
Given national specificities, it is expected that the constitutional complaint should
combine a filter mechanism of admissibility (as in Germany) with an element of
public oversight exercised through the Ombudsman, who may initiate or support
appeals to the Constitutional Court.
This design will prevent court overload
while preserving accessibility for citizens, creating a sustainable model of
interaction between individual and institutional protection, where the
Ombudsman acts as a mediator between society and the constitutional-justice
system. This approach brings Uzbekistan closer to the model of “open
constitutionalism,” based on transparency, trust, and legal accountability of the
state.
Foreign experience confirms the promise of this approach. In Finland, the
Parliamentary Ombudsman and the Chancellor of Justice monitor state bodies for
compliance with the Constitution.
In Sweden, the Ombudsman has become a
key instrument for strengthening the culture of legal trust. In the Baltic States,
ombudsman institutions have played a significant role in the transformation of
constitutional justice, turning abstract norms into effective mechanisms of
human-rights protection.
These practices demonstrate that the effectiveness of
constitutional guarantees depends not only on the text of the Basic Law but also
on the institutional environment into which they are integrated.
In summary, the effectiveness of the Constitution’s direct effect is determined by
a set of interrelated conditions: the existence of stable institutional-control
mechanisms, transparent communication between the judiciary and society, and
active civic participation. Only with the harmonious combination of these factors
does the Constitution acquire the meaning of a genuine system-forming factor,
shaping a sustainable legal culture, public trust in state institutions, and the
stability of the legal system.
119
Andriyko, O.F. (2017)
The Institution of the Ombudsman in the Mechanism of Human Rights
Protection
,
Gosudarstvo i pravo, 7.
120
Finland (2002)
The Parliamentary Ombudsman Act (Laki eduskunnan oikeusasiamiehestä,
1920/2002)
. Helsinki: Eduskunta.
121
Sweden (1986)
The Swedish Parliamentary Ombudsman Act (1986:765)
. Stockholm: Riksdag;
Latvia (2006)
Latvijas Republikas Tiesībsarga likums. Riga: Saeima.
58
Chapter III. Institutional and Normative Foundations of Legal Policy
§1. Architecture and Interaction of Legal Policy Actors
Legal policy constitutes a multilayered and dynamic phenomenon, shaped within
a complex institutional framework and functioning as an arena of interaction
among various actors — ranging from the state and civil society to expert
communities and international organizations¹. The effectiveness of legal policy is
ensured precisely through such multichannel interactions, and its outcomes
largely depend on the degree of coordination among institutions and the presence
of effective feedback mechanisms.
In contemporary Uzbekistan, the institutional architecture of legal policy is
undergoing a stage of qualitative transformation. This development is driven not
only by reforms of the state governance model towards greater transparency,
accountability, and inclusiveness, but also by the influence of international
standards of good governance, principles of transparency, and the formation of a
dialogical public sphere. This transformation goes beyond procedural changes
and requires the development of institutional competencies capable of
synchronizing national legislation with social needs and global trends, while
preserving national specificity.
Historically, Uzbekistan’s national system was dominated by a vertically oriented
model of legal policy, in which key roles were exclusively played by state
institutions: the President, the Oliy Majlis, the Cabinet of Ministers, and relevant
ministries and agencies. Such a model, characteristic of the post-Soviet space,
corresponded to the paradigm of a sovereign centralized rule-of-law state, where
legal policy was understood primarily as an instrument of normative regulation
and as a mechanism for maintaining stability in a transitional society. It should be
noted that this approach was focused on legalistic governability, wherein law was
predominantly regarded as a means of state coercion and mobilization of societal
resources through normative acts.
Russian scholars N.I. Matuzov and A.V. Malko emphasized that “legal policy
must be a component of overall state policy”
. We consider that such an
understanding, typical of the early stage of the national legal system’s formation,
demonstrates the limitations of the legalistic approach, as it did not account for
122
Matuzov, N.I. and Malko, A.V. (2001)
Theory of State and Law
. Moscow.
59
the potential involvement of civil society, expert communities, and international
standards in the development and implementation of legal policy.
Moreover, the proposed unilinear vertical model, oriented towards top-down
regulation, in our view, exhibits evident constraints, conflicting with
contemporary concepts of law as a product of multi-level social interaction. In
these concepts, normative acts and law enforcement practices are shaped through
interaction among various actors and discursive reconciliation of interests,
enabling recognition of social diversity and citizens’ expectations. The inability
to integrate these factors within an exclusively vertical model confirms its
limitations, particularly amid increasing civil society activity and global
integration.
With the onset of a new reform stage in 2016, and especially following the
constitutional amendments of 2023, institutional openness and multi-level
participation have assumed a central role in legal policy, involving a broad range
of actors in the formation and implementation of legislation. Consequently, the
republic’s legal policy began transforming from a one-dimensional vertical
structure into a dynamic system of interacting actors, fully consistent with J.
Habermas’ concept of the dialogical state. Within this model, the legitimacy of
norms is achieved not solely through the act of sovereign authority but also
through discursive agreement and engagement of civil society.
Alongside traditional state structures, the role of new actors is increasing, such as
the Institute for Strategic and Interregional Studies under the President of the
Republic of Uzbekistan, university legal clinics, public councils, and independent
analytical centers. These structures perform the function of expert support for
legal policy, conducting evaluation of draft laws, preparing reform
recommendations, and monitoring law enforcement practices.
are observed in the activities of human rights and civil organizations involved in
preparing national reports for international bodies, protecting vulnerable groups’
rights, and monitoring compliance with human rights standards.
123
Habermas, J. (2000)
Actual and Normative: Essays on Legal Philosophy
. St. Petersburg: Nauka, p.
534.
124
Khudaiberdiev, A.K. (2020)
Enhancing Sociological and Expert Support for Law Enforcement
.
Tashkent.
60
This shift reflects the contemporary doctrine of legal pluralism, supported among
others by R. Abel, B. Garth
, and comparative law specialists including M.
Tashnet and H.-V. Miklitz
. The formation of legal policy through interaction
between state and non-state actors not only expands the circle of participants but
also enhances legitimacy, predictability, and law enforcement effectiveness,
creating conditions for sustainable development of the legal system during the
ongoing transformation.
American scholar D. Trubek emphasizes that the success of legal reforms depends
not only on the authority of central institutions but also on the degree of
engagement of peripheral actors.
In his view, reform effectiveness is directly
linked to establishing feedback mechanisms between the center and various
layers of society, rather than relying solely on the personal authority of leadership.
In the national context, this manifests as a gradual transition from a rigid
hierarchical structure to a flexible polycentric model, wherein the President
remains a key, though not the exclusive, actor, responsible for strategic
coordination. This approach allows the combination of centralized vision with
consideration of local and sectoral interests, reducing risks of normative
redundancy and unpredictability in law enforcement.
Functions of the legislative, executive, and judicial branches have undergone
significant transformations in recent years. The Oliy Majlis, besides lawmaking,
nominally performs parliamentary oversight of legislation;
Ministers and sectoral ministries ensure sectoral implementation of legal reforms;
the Constitutional Court guarantees value consistency of the normative
framework. This differentiation of functions reflects the growing institutional
responsibility of each branch and contributes to improving law enforcement
quality.
The increasing role of the Prosecutor General’s Office deserves particular
attention: beyond traditional oversight, it actively participates in drafting
125
Abel, R.L. (2018)
Law's Wars: The Fate of the Rule of Law in the US "War on Terror."
Cambridge:
Cambridge University Press; Dezale, I. and Garth, B.G. (2021)
Law as Reproduction and Revolution:
An Interconnected History
. Cambridge: Cambridge University Press.
126
Tashnet, M., Fleiner, T. and Saunders, K. (2013)
Routledge Handbook of Constitutional Law
.
London: Routledge; Miklitz, H.-V. (2013) ‘Legal Pluralism in European Private Law’,
Cambridge
Yearbook of European Legal Studies
, 15, pp. 311–338.
127
Trubek, D.M. (2003) ‘The 'Rule of Law' in Development Assistance: Past, Present, and Future’,
The
World Bank Legal Review
, 1, pp. 1–32.
128
Mirakulov, M.M. (2016)
Constitutional-Legal Status of the President of the Republic of Uzbekistan
.
Tashkent, p. 34.
61
normative acts, initiates legal expertise, and provides feedback to society through
prosecutorial response mechanisms.
Inclusion of the Prosecutor’s Office
allows timely identification of regulatory gaps and potential risks, enhancing
predictability and legitimacy of the legal system.
Thus, the evolution of Uzbekistan’s legal policy architecture demonstrates a
transition from a monocentric model to a polycentric system, where strategic
coordination is combined with open expert and civic engagement. This
transformation enhances the effectiveness of the legal system and fosters
conditions for sustainable public trust in state institutions, creating prerequisites
for balanced and adaptive lawmaking. In the polycentric model, state, citizen, and
business interests are integrated into a single dynamic system capable of promptly
responding to internal and external challenges. Joint participation of different
branches of power and expert communities enables early identification of
regulatory gaps, reduces conflict potential, and increases legitimacy of decisions.
Practical implementation of the polycentric model is evident in reforms in
entrepreneurship and housing sectors. The Cabinet of Ministers and relevant
ministries introduced digital services to simplify business registration,
standardized procedures, and reduced administrative barriers, increasing
transparency and accelerating permit processes. According to a survey of
entrepreneurs conducted in 2023–2024, approximately 62% of respondents noted
improved business conditions, and 59% reported increased trust in executive
bodies
2
. The Prosecutor General’s Office conducted legal expertise of normative
acts, identifying potential legal risks and recommending adjustments, thereby
reducing disputes and increasing legal predictability. These measures illustrate
the synergy of the polycentric model: participation of expert communities and
oversight bodies enhances lawmaking quality and reform efficiency.
At the same time, the legal policy structure retains a pronounced hierarchy. The
President continues to set strategic modernization priorities, approve reform
concepts, doctrines, and “roadmaps.” The Oliy Majlis retains legislative and
oversight powers, though its real influence on strategic agendas is constrained by
presidential initiatives. Government and sectoral ministries implement reforms
within their competence, and the Constitutional Court ensures constitutional
consistency of the normative system. The Prosecutor General’s Office, courts,
129
Hakimov, R.R. (2020)
Constitutional-Legal Status of the Oliy Majlis of the Republic of Uzbekistan
.
Tashkent.
62
and justice and internal affairs bodies remain key to maintaining law and order.
Formal guarantees of separation of powers do not preclude the dominance of the
executive in lawmaking. International rankings note moderate improvements in
executive power constraints, yet Uzbekistan continues to occupy mid-level
positions globally. According to the 2024 Rule of Law Index, the country ranks
83 out of 142, reflecting persistent centralization and limited opportunities for
civil society and expert communities to influence legal policy.
Sociological data confirm improving citizen perceptions of the legal system,
though challenges remain. According to the World Justice Project, in 2024, 57%
of respondents noted greater transparency of state bodies, yet only 41% expressed
confidence in their ability to influence lawmaking.
indicates a continuing imbalance between the strategic center and polycentric
participation mechanisms, limiting the potential of expert-civic interaction.
A current challenge remains the absence of a coordinating div capable of
systematically evaluating legal policy, monitoring its implementation, and
ensuring its adaptation to changing conditions. Fragmentation of functions leads
to duplication of initiatives, regulatory overload, and reduced resilience of the
legal system. In this context, the introduction of a Regulatory Impact Assessment
(RIA) system, successfully applied in European Union and OECD countries
has become particularly relevant in the Republic, as it enhances transparency and
substantiation of normative decisions.
Effective RIA implementation requires participation not only of traditional state
institutions but also of non-public actors capable of providing expert evaluation
and interdisciplinary approaches.
For example, the Institute of Legislation and
Legal Policy under the President of the Republic of Uzbekistan serves as an
intellectual platform shaping conceptual frameworks for reforms, while the
National Centre for Human Rights monitors socially significant aspects of
legislation. Their involvement helps overcome the “corridor thinking”
130
Hakimov, R.R. (2020)
Constitutional-Legal Status of the Oliy Majlis of the Republic of Uzbekistan
.
Tashkent; Khudaiberdiev, A.K. (2020)
Enhancing Sociological and Expert Support for Law
Enforcement
. Tashkent.
131
UzDaily (2025)
Analysis of Uzbekistan's Business Climate 2024 – CEIR Report
. Tashkent. Available
at: https://www.uzdaily.uz/ru/analiz-biznes-klimata-uzbekistana-za-2024-god-otchet-tseir/
132
World Justice Project (2024)
Rule of Law Index 2024
. Washington, D.C. Available at:
https://worldjusticeproject.org/rule-of-law-index/.
133
World Justice Project (2024)
WJP Rule of Law Index 2024: Uzbekistan Insights
. Available at:
https://worldjusticeproject.org/rule-of-law-index/country/2024/Uzbekistan/.
63
characteristic of state bodies and endows legal policy with multidimensionality,
adaptability, and social validity.
The practical significance of scientific and expert structures manifests in the
development of concepts and models for assessing legal risks and social
sensitivity of legislation. The institutionalization of RIA, reflected in government
initiatives, can be regarded as a mechanism for embedding scientific reflection
within legal policy. Analogous mechanisms for assessing normative acts operate
in leading countries: in Germany, through the National Council for Regulatory
Control; in France, using statistical methods for public policy evaluation; and in
Canada, via the Impact Assessment Agency with public participation.
practices demonstrate key principles of effective lawmaking: institutional
independence, analytical assessment of consequences, citizen and expert
engagement, transparency, and accountability. Their adaptation to national
practice is evident in the activation of public structures focused on legal education
and advocacy: for instance, in 2023, a Public Council was established under the
Ministry of Justice, involving representatives of non-governmental organizations,
the legal profession, and universities engaged in normative act expertise. These
measures foster institutional civic participation in lawmaking and enhance
legislative quality.
Nevertheless, existing initiatives do not yet ensure full institutionalization of
public councils and other forms of civil participation in decision-making.
Consequently, both national and international studies continue to identify
persistent barriers to comprehensive citizen involvement in state policy
formation. According to a UNDP survey in the regions, 56% of respondents
consider citizen participation in governance insufficient
. UNDP documents
prepared in 2024–2025 emphasize the need to expand citizen and NGO
participation in decision-making and monitoring the implementation of state
policy
3
. International assessments corroborate these conclusions: the 2024 OECD
review notes that although public consultation procedures exist, their
implementation and transparency are not fully ensured.
in 2023 stressed the importance of institutional strengthening of parliamentary
134
OECD (2021)
Regulatory Policy Outlook 2021
. Paris: OECD Publishing; SGI Network (no
date)
Effective Regulatory Impact Assessment: Germany;
Stratégie & Plan
. Public Policies Impact
Assessment in France;
Government of Canada
. Impact Assessment Agency of Canada
.
135
UNDP (2020)
Public Councils in Uzbekistan: Assessment Report
. Tashkent, p. 42; UNDP
(2024)
Country Programme Document for Uzbekistan 2024–2025
. New York, p. 56.
136
OECD (2025)
Government at a Glance 2025
. Paris: OECD Publishing, Section 8.2, “Regulatory
Impact Assessment”.
64
and civic oversight and aligning open consultations with international standards
of democratic and transparent lawmaking.
It follows that, despite the creation of a legal framework for public councils and
other forms of civil society participation, their actual influence on legislative
development and implementation remains limited. There is a pressing need to
provide additional legal and organizational conditions to ensure genuine civil
society inclusion, requiring a comprehensive approach to institutional and
normative improvement of state-society interaction mechanisms. Analysis of the
current institutional structure of legal policy reveals its fragmentation, hindering
a comprehensive approach to forming and implementing strategic initiatives.
In this regard, the establishment of a Legal Policy Council under the President of
the Republic of Uzbekistan — analogous to the Council under the President of
Kazakhstan or the Legislative Committee of the German Bundestag — could
enhance interagency cooperation and eliminate duplication of initiatives.
Concurrently, a scholarly discussion is developing on the formation of a “strategic
jurisprudence institute” — a specialized analytical div responsible for long-term
forecasting of legal trends, comprehensive risk analysis, and methodological
support of reforms. Such initiatives aim to ensure a balance between public and
civic institutions, including expert centers, human rights organizations, and
public structures, thereby creating a foundation for coordinated and transparent
decision-making processes.
To complete this transition, the institutionalization of horizontal interaction forms
is necessary, along with the creation of stable mechanisms for coordination,
monitoring, and assessment of reforms (including the adoption of Regulatory
Impact Assessment practices following EU and OECD models), as well as
ensuring genuine, rather than declarative, participation of non-public actors. A
promising model is that of institutional symbiosis, which presupposes continuous
interaction between public and non-public actors based on consensus,
transparency, and professional expertise. This model fully aligns with the
principles of contemporary constitutional statehood and international standards
of democratic lawmaking.
137
OSCE/ODIHR (2023)
Follow-up Assessment of the Legislative Process in Uzbekistan
. Warsaw, p.
38.
138
UNDP (2020)
Public Councils in Uzbekistan: Assessment Report
. Tashkent; UNDP (2024)
Country
Programme Document for Uzbekistan 2024–2025
. New York; OECD (2024)
Public Governance
65
The theoretical justification for such mechanisms is well established. Legal
scholarship identifies two opposing approaches. Proponents of the sovereign law
model such as E.A. Bogoslavsky and A.G. Ertel
emphasize the exclusive role of
the state as the sole source of legal will, where the supremacy of the executive is
regarded as a guarantee of reform stability.
The opposing position, advocated
by O.Yu. Rybakov and S.V. Tikhonova assert that the stability of the legal order
is achieved only through institutional participation, transparent coordination, and
accountability of actors at different levels.
Uzbekistan’s practice demonstrates the value of combining these approaches. A
strong presidential vertical ensures dynamism, focus, and speed of reforms, while
the involvement of scientific, expert, and civic organizations enhances legitimacy,
social resilience, and the quality of decisions. International reports from UNDP
(2020, 2024–2025), OECD (2024), and OSCE/ODIHR (2023) note progress in
creating platforms for citizen participation; however, limitations persist regarding
their real influence on legislative development and implementation, confirming
the need for further institutional and normative improvement of state-society
interaction mechanisms.
In conclusion, Uzbekistan’s legal policy institutional architecture remains
complex and not yet fully balanced, gradually transforming from a vertically
bureaucratic model to a multi-level integrative system. Expansion of subjects,
development of horizontal linkages, and dialogical mechanisms correspond to
global standards of legal inclusivity. Simultaneously, elements of executive
dominance, fragmentation, and insufficient coordination persist.
Completing this transformation requires institutionalization of horizontal
collaboration forms, creation of sustainable coordination, monitoring, and reform
assessment mechanisms (including RIA adoption), and ensuring genuine
involvement of non-public actors. The prospective model of institutional
symbiosis envisages continuous interaction between public and non-public actors
Review: Uzbekistan 2024
. Paris: OECD Publishing, p. 132; OSCE/ODIHR (2023)
Follow-up
Assessment of the Legislative Process in Uzbekistan
. Warsaw, p. 38.
139
Bogoslavsky, E.A. and Ertel, A.G. (2014)
Questions of Theoretical-Legal Understanding of Legal
Policy
,
In: Pravо i Politika.
140
Rybakov, O.Yu. and Tikhonova, S.V. (2015)
Legal Policy as Management of Positive Law: A New
Version of Legal Policy Theory
, In: Pravо i Politika.
141
UNDP (2020)
Public Councils in Uzbekistan: Assessment Report
. Tashkent; UNDP (2024)
Country
Programme Document for Uzbekistan 2024–2025
. New York; OECD (2024)
Public Governance
Review: Uzbekistan 2024
. Paris: OECD Publishing; OSCE/ODIHR (2023)
Follow-up Assessment of
the Legislative Process in Uzbekistan
. Warsaw.
66
grounded in consensus, transparency, and professional expertise, fully compatible
with contemporary principles of rule of law and international democratic
lawmaking standards.
§ 2. Self-Governance Entities and Mechanisms of Decentralization
The objective needs to transition to a decentralized model of state governance in
Uzbekistan arises from both internal and external factors. Domestically,
institutional imbalances persist — an excessive concentration of authority within
the executive vertical, limited accountability of local bodies, and weak capacity
of self-governing institutions — all of which hinder the effective performance of
their functions and reduce administrative efficiency. At the same time, global
trends in public administration reform demonstrate that the stability and
competitiveness of a modern state are ensured not by rigid centralization, but by
an optimal combination of centralized and decentralized principles grounded in
checks and balances and the development of horizontal linkages.
The Presidential Decree of 2 February 2024 No. UP-28 “On Measures to Improve
the Efficiency of Local State Authorities” explicitly identifies the existing
challenges, including the need to strengthen the role of local representative bodies
and improve the accountability mechanisms of khokims. However, despite the
progressive nature of this step, the decree does not eliminate deeper institutional
asymmetries: the khokim’s principle of sole authority still retains its
organizational and psychological advantages, which objectively limits the
potential of representative power.
Therefore, in recent years the demand has become increasingly pressing not
merely for the targeted empowerment of representative structures, but for a
systemic delineation of powers between central and local authorities within an
effective framework of checks and balances. This task is dictated not only by the
logic of institutional development but also by a growing public demand for
participation in decision-making. According to the findings of the
Ijtimoiy Fikr
Center for Public Opinion Research (2024), citizens expect the state to create
more transparent and inclusive governance mechanisms.
142
Ismailova, G.S. (2013)
Features of Decentralization of Governance in Uzbekistan: Experiments and
Reforms
,In; Vestnik PAGS, p. 32; Pereguda, E.V. (2012)
Political Interaction Between Central and
Local Executive Authorities in Post-Soviet Space
, PolitBook, 4, p. 59.
143
Rakhimova, N. (2025)
Significant Events of 2024 in the Focus of Public Opinion (based on the
Findings of the “Ijtimoiy Fikr” Center)
, In; Ijtimoiy Fikr. Inson Huqqlari, 1.
67
population generally evaluates ongoing reforms positively, demonstrating a high
level of trust in key social institutions and a responsible attitude toward the future.
On the other hand, measures aimed at deepening decentralization and expanding
the functions of self-governing bodies are still perceived as insufficient, being
fragmented and failing to meet social expectations.
This discrepancy between public expectations and real institutional change is also
reflected in academic publications on decentralization. A critical review of these
studies reveals several key deficiencies.
First, the absence of a clear delineation
of authority between republican and territorial bodies leads to functional
duplication and decreased administrative efficiency. Second, limited financial
autonomy prevents local authorities from addressing local issues in full. Third,
underdeveloped mechanisms of local accountability and oversight create fertile
ground for corruption and inefficient resource use.
As a result, a paradox arises: while the strengthening of the executive vertical
ensures manageability and discipline, the lack of real autonomy of territorial
bodies deprives the system of flexibility and initiative. International experience
shows that excessive centralization restricts decision-making responsiveness and
undermines public trust, whereas excessive autonomy without effective checks
and balances leads to administrative fragmentation and increased corruption
risks. Therefore, finding an optimal balance between centralization and
decentralization today represents not merely a technical task but a strategic
condition for the sustainability of public administration. The extent to which this
balance is implemented thoughtfully and in a timely manner will determine the
further consolidation of public trust in institutions and the overall success of
Uzbekistan’s modernization policy.
Within this context, the national model of decentralization is evolving along
global lines while maintaining its own distinctive features, though it remains at
an early stage of institutional formation.
framework for distributing powers between republican and territorial bodies
144
Umarov, B. (2025)
Historical Stages in the Development of the Concept of Decentralization in the
Formation of Public Administration
,
In: Society and Innovation, 6, pp. 547–552; Alimukhamedov, S.A.
(2017)
Decentralization of the System of Public Administration: Comparative Analysis of Uzbekistan's
and Foreign Experience (on the example of France and Germany)
,
In: Journal of Foreign Legislation
and Comparative Law, 3, p. 36.
145
Malikova, G. (2025)
Constitutional and Legal Regulation of Issues of Decentralization Between
Republican and Territorial Public Administration Bodies (Organizational-Legal Aspect)
, In: Society
and Innovation, 6.
68
remains incomplete. Similar difficulties were observed in post-socialist Central
European states. In Poland, for example, the reform of local self-government was
accompanied by prolonged debates over the scope of municipal competences
while in Hungary the process of regionalization reached an impasse due to the
lack of political consensus.
The experience of these countries demonstrates that
establishing a stable and adaptive model of co-governance capable of realizing
the potential of decentralization and improving local administrative performance
requires a comprehensive combination of legally enshrined powers,
methodological and resource support, financial autonomy, and mechanisms for
civic participation.
Accordingly, the first priority of administrative reform is logically the formation
of a legal environment that ensures each branch of power fulfils its constitutional
functions with clarity. This involves not only the vertical differentiation of powers
between central and territorial authorities, but also the horizontal distribution of
responsibilities among the branches of power and their internal subdivisions.
Such an approach is consistent with contemporary concepts of good governance,
in which the functional autonomy of each structure is combined with a system of
mutual control and restraint.
This thesis is confirmed both by domestic legal doctrine and by the classical
theory of the separation of powers, according to which “freedom is possible only
where power restrains power”
. In practical terms, this means the need not only
for structural and functional differentiation of authority within each branch of
power and between them vertically and horizontally, but also for the formation of
a stable system of checks and balances that prevents the concentration of power
resources in a single node and ensures a balance of the interests of the state and
society. The logic of such an arrangement should extend to the internal
subdivisions of state structures: the control functions of one div must be
counterbalanced by the powers of another, and the activities within a single
branch of power must be balanced by the institutions of others.
In national practice, the first steps toward the implementation of the principle of
mutual constraints are already visible. For example, in the activities of the legal
146
Swianiewicz, P. (2010)
Local Government Reforms in Poland: Developments and Debates
. Warsaw:
Scholar Publishing House.
147
Pálné Kovács, I. (2016)
Regionalization and Decentralization in Hungary: A Deadlock?
,
In:
European Urban and Regional Studies, 23(3).
148
Khaqimov, R.R. (2016)
Improving Legal Mechanisms for Ensuring Balance Among Branches of
State Power
. Tashkent; Montesquieu, C. (1999)
The Spirit of the Laws
. Moscow: Mysl.
69
departments of the executive authorities at both the republican and regional
levels, one can observe attempts to establish a system of dual accountability: their
staff members are appointed and dismissed with the consent of both central and
regional structures. Such a scheme provides a foundation for institutional
equilibrium, but so far remains a temporary compromise. It does not yet form a
full-fledged mechanism of checks and balances, and the provisions of Presidential
Decree No. UP-28 mainly consolidate procedural norms without guaranteeing
genuine independence for legal departments.
This situation raises a broader question: how can the state move from formal
procedures to the creation of an effective system of power constraints within the
state apparatus itself? The logic of decentralization requires not the multiplication
of parallel functions, but the formation of a structure in which various levels of
power possess functional autonomy and are capable of mutually balancing one
another. Such an approach implies the rejection of rigid administrative
subordination in favor of institutional independence.
In this context, particular significance belongs to institutions capable of
restraining executive power and ensuring a balance of the interests of the state
and society. At the level of civil society, such instruments may include trade
unions and other public associations, which are able to act as independent
participants in social dialogue provided reliable legal guarantees. In practice,
however, despite the rights formally enshrined in legislation, these structures
remain embedded within the administrative vertical and do not function as
independent counterparts of the state. Meanwhile, foreign experience of Germany
and the Scandinavian countries confirms that the real autonomy of trade unions
and their ability to operate outside the direct influence of the government are key
conditions for the stability of a system of social partnership.
lies not in the declarative expansion of their powers, but in the creation of genuine
conditions for institutional and organizational independence.
The second link in such a system is financial oversight. This function is
traditionally vested in the Accounting Chamber, which is formally positioned as
an independent div, with its Chair approved by the Senate—thus creating an
appearance of external control. In reality, however, the Chamber’s powers are
limited: it lacks the authority to intervene in budget execution or to supervise
149
Weiss, M. and Schmidt, M. (2008)
Labour Law and Industrial Relations in Germany
. Kluwer Law
International.
70
expenditures in real time. This reduces the effectiveness of its activities and
prevents it from being regarded as a genuine counterbalance to the executive
branch.
To overcome this gap, the experiences of the United States and the United
Kingdom are instructive.
In these countries, audit and control institutions enjoy
a high degree of autonomy, can independently initiate inspections, and may
manage budgetary resources without prior government approval. Introducing
similar procedural mechanisms into national legislation—including the right to
conduct unscheduled audits, mandatory compliance with audit directives, and
direct access to analytical data—would transform the Accounting Chamber into
an effective instrument for enhancing the transparency of the budget process.
Equally important in the system of checks and balances is anti-corruption
oversight. At the present stage, a key objective is the functional strengthening of
the Anti-Corruption Agency. The optimal approach would be to endow it not only
with analytical and preventive, but also with investigative and operational
powers, along with the creation of rapid-response units within its structure. This
necessity stems from the limited independence of existing law-enforcement
bodies, primarily the Prosecutor General’s Office and the Ministry of Internal
Affairs whose activities are closely tied to the executive vertical. Their personnel
appointments depend on political circumstances, and their supervisory functions
are subordinated to administrative interests, which diminishes the neutrality and
effectiveness of investigations.
As a result, conflict of interest arises bodies responsible for detecting corruption
offences simultaneously perform a wide range of other tasks and cannot ensure
impartial law enforcement. Due to their integration into the executive system,
they are constrained in their ability to initiate investigations independently,
protect witnesses, access operational information, and allocate resources without
higher-level approval.
Under these conditions, the institutional empowerment of the Anti-Corruption
Agency could become an important step toward strengthening public trust,
reducing risks of power concentration and political pressure, and improving the
overall effectiveness of anti-corruption policy. The experience of Hong Kong
serves as convincing evidence: the Independent Commission Against Corruption
(ICAC), possessing independent authority to investigate and prevent corruption
150
OECD (2020)
Public Sector Governance: Financial Oversight and Accountability
. Paris.
71
offences, has become a key element of a successful anti-corruption strategy.
Similar examples exist elsewhere. In Singapore, the Corrupt Practices
Investigation Bureau (CPIB) reports directly to the Prime Minister and has broad
investigative competence
, while in South Korea, specialized anti-corruption
bodies function as independent institutions, enabling them to effectively prevent
abuses at the highest levels of power
A comparable model could be implemented in Uzbekistan, provided that genuine
judicial autonomy is ensured—an area currently limited in three dimensions.
First, the allocation of budgetary funds for the maintenance of the courts remains
under the control of executive bodies, placing the judiciary in dependence on
administrative structures. Second, appointments and career advancement of
judges are largely determined by decisions of higher state authorities, which
reduces personnel stability and opens space for external pressure. Third, there
remain risks of interference in procedural activities: dependence on external
directives and attempts to influence the course of proceedings undermine
confidence in judicial verdicts and the principle of impartial justice.
Overcoming the above-mentioned constraints is possible only through ensuring
the internal independence of the judiciary. The experience of foreign countries
demonstrates the effectiveness of a comprehensive model for strengthening
judicial autonomy. In Germany, the financing of the judicial system is allocated
under a separate budget line, which eliminates its dependence on the ministries.
In Finland, an independent Judicial Appointments Board operates, ensuring the
objectivity of personnel decisions and protecting judges from political
pressure.
Taking these international examples into account, the establishment of
mechanisms guaranteeing the autonomy of the judiciary in Uzbekistan requires
systemic regulation. In our view, the priority steps should include the
constitutional and legislative consolidation of two key instruments capable of
151
Independent Commission Against Corruption (ICAC) (2023)
Annual Report 2022
. Hong Kong;
Scott, I. (2017)
The Hong Kong ICAC and the Rule of Law
. Oxford: Oxford University Press.
152
Quah, J.S.T. (2011)
Combating Corruption Singapore-Style: Lessons for Other Asian Countries
.
Baltimore: Johns Hopkins University Press.
153
Heo, U. and Hahm, S.D. (2005)
Political Reform and Anti-Corruption in South Korea
,
In: Asian
Perspective, 29(4), pp. 87–109.
154
Kommers, D.P. and Miller, R.A. (2012)
The Constitutional Jurisprudence of the Federal Republic
of Germany
. Duke University Press.
155
The Courts of Finland (2022)
Annual Report of the Finnish Judicial Administration
. Helsinki.
72
ensuring both external and internal control over the personnel and organizational
policies of the judiciary.
First, accountability of the High Judicial Council to the Senate would create a
stable channel of external oversight over the judicial system’s personnel and
organizational policy. As a representative div of the people, the Senate would
gain the ability to regularly evaluate the Council’s actions, receive reports on
appointments, disciplinary measures, and the professional accountability of
judges. Such a design minimizes the risk of interference by the executive branch
while preserving the internal autonomy of the judiciary.
Second, the mandatory review of the Council’s submissions by the High
Qualification Board would create an internal contour of checks and balances. The
Board, as an independent div of professional self-regulation, would assess the
validity of the Council’s recommendations regarding the appointment, dismissal,
or disciplinary liability of judges.
This mechanism prevents the concentration
of powers in a single div and ensures the transparency of procedures,
reinforcing the institutional resilience of the judiciary.
Together, these measures form a two-tier system of control: the external level
through the Senate, and the internal one through the High Qualification Board.
Such an approach is consistent with European standards of judicial independence
set out in the documents of the Council of Europe and supported by the experience
of Eastern European countries, where similar mechanisms have helped to increase
public trust in the judiciary.
Consolidating these norms formalizes the accountability and transparency of the
High Judicial Council’s activities, enhances its role as an institutional
counterbalance to the executive branch, and ensures a balanced distribution of
powers. At the same time, systemic judicial independence remains a key
condition for legal stability. Practice shows that judges of the first instance may
be directly or indirectly interested in case outcomes, which reduces objectivity
and limits oversight of judicial procedures. In such conditions, the existing system
of appellate instances does not always serve as an effective corrective mechanism,
156
Council of Europe (2010)
Recommendation CM/Rec(2010)12 “Judicial Independence, Quality and
Efficiency of Justice”
.
157
Sadurski, W. (2005)
Rights Before Courts: A Study of Constitutional Courts in Post-Communist
States of Central and Eastern Europe
. Springer.
73
as it remains closely linked to the courts of first instance and lacks sufficient
autonomy.
The establishment of a separate High Court of Appeal would represent an
essential step in institutional reform. Such a div would increase the
independence of lower courts and ensure objective review of cases. The
experience of Poland and Hungary demonstrates that the introduction of
independent appellate courts primarily reduces intra-system pressure.
Alongside organizational independence, financial autonomy of the judiciary is
equally significant. Establishing a constitutional or legislative mechanism that
guarantees a fixed percentage of the state budget for the judiciary would eliminate
excessive influence by the executive branch. A similar approach has been
implemented in Germany and Poland, where financial independence is
considered a necessary condition of institutional autonomy.
Collectively, these measures—creating a High Court of Appeal, strengthening the
autonomy of lower courts, and ensuring financial independence—form a
sustainable system of checks and balances within the judiciary, maintaining
equilibrium of powers and minimizing corruption risks.
Parallel to this, the next logical direction of reform is the reconceptualization of
local governance mechanisms. The existing model concentrates significant
administrative, financial, and organizational resources in the hands of khokims
(regional governors), which limits the initiative and oversight of Kengashes
(representative councils) and civil society institutions. In such circumstances,
representative bodies cannot fully perform their monitoring and feedback
functions, and local communities remain weakly involved in decision-making.
Accordingly, it is necessary to introduce institutional mechanisms ensuring
equilibrium between executive power and local community representation,
thereby enhancing transparency, accountability, and efficiency of local
administration. In particular, this implies empowering local self-government
bodies to independently form budgets, resolve issues of local significance, and
delegate executive functions to elected chairpersons.
158
Einhorn, R. (2018)
Judicial Reform and Public Trust in Post-Communist Europe
,
In: Journal of
Comparative Law.
159
Komissarov, A.S. (2021)
Financial Autonomy of the Judiciary: Comparative Experience
,
In: Journal
of Comparative Law, 4.
74
This approach is supported by international practice. In Lithuania, elected
municipal councils have the right to approve local budgets and supervise
administrative bodies, while in the Czech Republic, local councils form executive
organs and exercise continuous oversight of expenditures.
mahalla structure—historically formed and enjoying public trust—creates an
effective system of checks and balances, ensuring the practical realization of the
principle of separation of powers at the local level and strengthening government
accountability to the community.
Given the unique nature of the mahalla institution and the established practice of
electing representatives from among its residents, it is advisable to abandon the
outdated model that preserves district (city) and regional Kengashes of People’s
Deputies in their current form, and to transform them into Councils of Mahalla
Representatives. Such a transformation aligns with the logic of popular
sovereignty, as the mahalla serves as a natural source of social representation and
enjoys a high level of social trust. It also finds parallels in the European concept
of “communal democracy”, implemented in Germany and Poland, where primary
communities form the foundation of regional representation.
The composition of district councils would be formed from delegates of mahalla
councils, while regional councils would consist of delegates from district (city)
councils, with each council retaining the right to recall its delegate. Unlike the
current system, in which the representative corps is often detached from the real
interests of the population, the proposed model would ensure a continuous link
between the authorities and local communities.
The administrative reform in this framework envisions granting regional councils
the right to nominate candidates for regional khokim, subject to approval by the
President. The regional khokim, in turn, would propose candidates for district
(city) khokims, whose appointment would be reviewed by the relevant mahalla
representative council. Introducing the mechanism of early termination of powers
for khokims at the initiative of representative bodies strengthens local checks and
160
Grigas, L. (2020)
Local Government in Lithuania: Governance and Autonomy
. Vilnius; Novák, J.
(2019)
Decentralization and Local Democracy in the Czech Republic
. Prague.
161
Malikova, G.R. (2014)
Historical and Legal Issues of the Development of the Mahalla Institution
,
In:
Bulletin of Chelyabinsk State University, 14(343).
162
Zimmermann, H. (2002)
Kommunale Demokratie in Deutschland
. Munich; Swianiewicz, G.
(2002)
Local Government Reforms in Central and Eastern Europe
. Budapest: Open Society Institute.
75
balances and minimizes the risk of excessive concentration of power in the
executive vertical.
Special attention should also be paid to a differentiated approach to staffing local
administrations. The division of departments into those whose heads are
appointed by sectoral ministries (and accountable to mahalla councils) and those
where appointments are made by the khokim but confirmed by representative
councils creates an optimal balance of influence between central and local
structures. This reduces bureaucratic congestion and corruption risks by
institutionalizing collegial oversight.
Regular hearings of executive and judicial officials before representative councils
ensure continuous monitoring and assessment of the socio-political and law-
enforcement situation, adjustment of personnel policy, and control of financial
flows. Such practice fosters a systemic and transparent model of public
administration, where control is distributed horizontally rather than confined to
the executive vertical.
However, decentralization cannot be confined to institutional reforms of
representative bodies. Its effectiveness depends primarily on the financial
dimension, which determines the real capacity of territorial structures to make
independent decisions and assume responsibility for their outcomes. Without a
stable tax and budgetary base, any redistribution of powers risks remaining purely
formal, perpetuating regional dependence on the center.
The financial autonomy of local authorities remains limited. First, key tax
revenues continue to be concentrated at the national level, while local budgets
depend on transfers and subsidies distributed by higher authorities. As a result,
regions are effectively deprived of the ability to conduct independent fiscal
policy. Second, institutionalized mechanisms for resource redistribution
according to local priorities are lacking. In practice, even well-intentioned
reforms fail to establish a stable financial foundation necessary for strategic
planning and long-term investment. Third, there remains a deficit of transparency
and accountability in local spending: oversight by parliamentary structures and
civil society institutions is limited, increasing the risk of corruption.
The experience of developed countries confirms that successful decentralization
is impossible without granting local governments adequate tax bases and
guaranteed own revenues. In Poland, the transfer of part of tax revenues to the
“gmina” level became a key precondition for strengthening local self-government
76
and public trust.
In the Czech Republic, the interbudgetary redistribution
system is based on the principle of equitable participation of municipalities in tax
income, ensuring fiscal stability and stimulating local economic activity.
Furthermore, the World Bank emphasizes that fiscal decentralization must be
accompanied by the creation of effective mechanisms for expenditure
transparency and accountability; otherwise, it leads not to efficiency but to
increased regional inequality and corruption practices.
autonomy, any steps toward decentralization will be perceived by the public as
formal, and reforms risk degenerating into their imitation. Only when local
authorities possess their own resources commensurate with their powers can
decentralization become an effective instrument of socio-economic development.
The practical implementation of these proposals requires systemic institutional
and legal support: differentiation of tax, credit, and budget policy; adjustment of
legislation and financial instruments; restriction of government interference in
business activities; introduction of contractual regulation practices; expansion of
judicial review of economic disputes; and professional training of judges.
Together, these measures create an effective model of law-based governance
founded on institutional checks and balances, contributing to the sustainable
development of territorial and sectoral structures of society.
From the above, it can be concluded that maintaining the Kengashes of People’s
Deputies in their current form perpetuates a Soviet administrative stereotype,
where representative bodies play a secondary role and real power remains
concentrated in the executive vertical. Such a model contradicts the principle of
popular sovereignty and fails to meet society’s demand for transparency and
accountability of power.
Reconstructing the system of local representative power into Councils of Mahalla
Representatives—endowed with real control powers and the right to form
executive bodies—reflects not only the idea of separation of powers but also the
traditional specificity of the mahalla as a center of community self-
organization.
This gives the reform an organic character, turning it from an
163
Swianiewicz, P. (2014)
Poland: From Self-Government to Government Self-Interest
,
In: Local
Government Studies.
164
Illner, M. (2010)
The Territorial Dimension of Public Administration Reforms in the Czech
Republic
,
In: Communist and Post-Communist Studies.
165
World Bank (2021)
Fiscal Decentralization Indicators
. Washington D.C.
166
Ziyetova, A.E. and Bazarov, E. (2019)
The Mahalla as the Basis of Local Self-Government
,
In:
Ecology and Society, 4(59), p. 339.
77
imitation of foreign models into a continuation of Uzbekistan’s own legal
evolution.
The relevance of the proposed changes is determined by several objective factors.
First, the growth of social mobility and the increasing number of young citizens
require institutional channels for political participation and local representation,
which the current system—bureaucratized and formal—fails to provide. Second,
economic transformation and decentralization demand bodies capable of
managing and directing financial flows at the local level. Only representative
structures formed through mahalla communities possess sufficient legitimacy and
public trust to fulfill these functions effectively. Third, new challenges—from
growing corruption risks to threats to social stability—necessitate the
strengthening of local systems of checks and balances. Granting the Councils of
Mahalla Representatives the power to recall delegates and initiate early
termination of khokims’ powers constitutes an effective instrument of political
and legal accountability, ensuring that local power remains under social control.
Reforms undertaken in Poland and the Czech Republic after the 1990s confirm
the correctness of this modernization trajectory. The expansion of powers of local
councils in those countries accelerated democratization and created effective
mechanisms of oversight over executive.
Turkey, preserving the traditional
institution of the muhtar, integrated it into the system of municipal governance,
ensuring balance between state and society at the local level.
states, where the tradition of centralized administration remains strong, local
governance reform has become a key to improving the effectiveness of social and
economic programs.
Thus, the relevance of the proposed model is shaped both by internal factors like
the need to renew the management system and external ones such as the growing
importance of international standards of democratization and local self-
government. Relying on the mahalla as a historical and culturally grounded
institution allows Uzbekistan to overcome the inertia of centralized bureaucratic
thinking and to form a unique model of “local democracy,” in which the balance
167
Regulski, E. (2004)
Reform of Local Self-Government in Poland
,
In: Issues of State and Municipal
Administration, 3, pp. 112–124.
168
Bayraktar, U. (2012) ‘Local Self-Government in Turkey: The Experience of Istanbul’,
Comparative
Constitutional Review
, 5, pp. 85–97.
169
World Bank (2006)
Decentralization in the Baltic States: Achievements and Challenges
.
Washington: World Bank.
78
between state and society is ensured through an authentically national institution
that has retained its practical vitality.
§ 3. Normative Foundations and Constraints of Legal Policy
The current state of the Republic’s legal policy is characterized by a widening
gap between the strategic design of legal programming and its practical
implementation. The adopted concepts, strategies, and programs—despite their
progressive ideas—often remain declarative, not extending beyond the level of
political and legal proclamations. This tendency is particularly visible in policy
documents aimed at combating corruption, developing the social sphere, and
ensuring a balanced religious policy.
The choice of these three directions is not accidental: they most clearly reveal the
issues of systemic coherence, coordination, and the practical enforceability of
norms. They serve as indicators of the state of legal policy, highlighting both
achievements and structural vulnerabilities. One of the key weaknesses lies in the
absence of concrete mechanisms for implementing the basic provisions of
normative acts, which significantly reduces the effectiveness of even formally
approved documents.
An analysis of the current administrative regulations shows that the introduction
of structural changes occurs in a fragmented manner, hindering the consolidation
of the rule of law and the institutionalization of norms. As a result, the declared
state priorities do not always find reflection in the practical realization of social
programs.
The insufficient coherence of normative regulation within the framework of the
social state leads to legal fragmentation, manifested in the disconnection of
individual acts and the inconsistency of their application. The study of such laws
as “On State Youth Policy”, “On the Rights of Persons with Disabilities”, and
“On Social Services for the Elderly and Persons with Disabilities” reveals weak
integration of their provisions with nationwide programs and strategies.
Consequently, the proclaimed goals of social policy are implemented only
partially, while the mechanisms of oversight and protection of citizens’ rights
remain ineffective.
This disproportion between legal norms and their practical embodiment is also
reflected institutionally. Even with an extensive system of state structures
79
responsible for the social sphere, their activities often lack coordination and
sometimes overlap. Similar challenges are recorded in international practice:
according to OECD surveys in European and other developed countries, during
periods of recurring crises only about 44% of citizens express trust in their
national governments, while 39% report a low level of trust.
of the study emphasize that weak coordination increases the sense of alienation
and reduces the legitimacy of state institutions.
The experience of other countries demonstrates the universality of this challenge:
the mere presence of a normative base and financial resources does not guarantee
the effectiveness of social policy. For example, in Kazakhstan, strengthening
coordination mechanisms—through the creation of inter-agency working groups
and a strategic planning platform—significantly improved the results of social
programs and enhanced the accountability of public bodies.
systemic regulatory consistency, a clear distribution of functions, and inter-
institutional coordination are essential conditions for the effective realization of
social initiatives, the minimization of institutional gaps, and the strengthening of
public trust in state institutions.
The practical implementation of social policy in Uzbekistan reveals institutional
barriers that limit the achievement of its declared objectives. Responsibility for
social programs is distributed among a wide range of ministries—the Ministry of
Employment and Poverty Reduction, the Ministry of Health, the Ministry of
Preschool and Public Education, and other agencies. Inter-agency coordination
remains weak: functions overlap, resources are used inefficiently, and personal
accountability for final outcomes is diffuse.
At the same time, the involvement of civil-society institutions—including non-
governmental and non-profit organizations—and the use of digital platforms (
E-
social
,
my.gov
,
E-ijtimoiy yordam
) create formal opportunities for feedback and
targeted assistance. However, their practical functioning demonstrates limited
real impact: existing registers (
Ayollar daftari
,
Yoshlar daftari
) cover only about
32% of genuinely vulnerable groups, indicating a persistent “institutional gap”
between normative intentions and achieved results.
170
OECD (2024)
Survey on Drivers of Trust in Public Institutions – 2024 Results: Building Trust in a
Complex Policy Environment
. Paris: OECD Publishing.
171
OECD (2025)
Public Governance Scan of Kazakhstan: Toward a More Agile, Responsive and
Effective Public Administration
. Paris: OECD Publishing.
172
UNDP (2022)
Social Protection for Sustainable Development Goals: Uzbekistan Country Report
.
New York: UNDP.
80
allocations (approximately 55% of the 2024 budget) for education, healthcare,
and social support have not produced transformative effects.
centralization, a weak regional tax base, and the absence of systematic
performance assessment of budget expenditures generate imbalances within state
programs. For instance, the projects
“Obod Qishloq”
and
“Every Family —
Entrepreneur”
require long-term funding but are not accompanied by
mechanisms for evaluating return on investment or the efficiency of resource
distribution.
According to UNDP data (2023), significant institutional and organizational gaps
persist in Uzbekistan’s social protection system. About 17% of households
remain at risk of falling into poverty with minimal economic deterioration, while
only 45% of vulnerable families receive full state support.
to low targeting and limited effectiveness of existing social transfers, creating
substantial risks to the economic stability of the population.
Applied research conducted by the
Ijtimoiy Fikr
Center across 14 regions of the
country revealed a discrepancy between citizens’ subjective assessment of their
material well-being and their actual financial resilience. Thus, 57.6% of
respondents identify themselves as belonging to the middle class, yet only 43.1%
of them believe that their income covers all necessary expenses, while 33.5%
consider their income stable only when it exceeds spending.
significant proportion of the population that positions itself as the “middle
stratum” is in fact in a state of latent economic vulnerability. Moreover, only 8.6%
classify their situation as “below average,” and 7% as “poor,” underscoring the
prevalence of a subjective sense of stability not fully consistent with actual
financial conditions.
A comparative analysis with international practice allows identifying key
mechanisms for improving the efficiency of social protection systems. For
instance, in Germany, the unemployment support system (
Hartz IV
) reduces
poverty levels and stimulates employment; in South Korea, centralized digital
platforms ensure transparency in the provision of social assistance; and in
Estonia, the integrated
X-Road
system covers over 80% of vulnerable
173
Ministry of Finance of the Republic of Uzbekistan (2024)
Main Directions of Budget Policy for
2024
. Tashkent.
174
UNDP (2023)
Socio-Economic Assessment of Household Vulnerability in Uzbekistan
. Tashkent;
World Bank (2022)
Review of the Social Protection System of Uzbekistan
. Washington.
175
Rakhimova, N.Kh. and Sinyagina, V.V. (2020)
Social Certification in the Self-Assessment of
Uzbekistan's Citizens: Sociological Survey Results
, In: Ilm-fan va innovatsion rivojlanish, 3, p. 54.
81
households.
Unlike these foreign models, the effectiveness of social programs
in Uzbekistan remains limited in both coverage and targeting accuracy, which
calls for a comprehensive approach to reforming and digitalizing social protection
mechanisms.
Based on comparative data, several strategic priorities can be outlined. First, it is
necessary to strengthen the legislative and regulatory framework for social
protection, providing clear criteria for identifying vulnerable households. Second,
inter-agency coordination and digitalization of social-assistance processes are
required to enhance transparency, reduce administrative barriers, and improve
control over resource distribution. Third, social transfers should become more
precisely targeted, reflecting the actual needs of households, thereby reducing the
latent economic vulnerability of the middle class.
Thus, analytical evaluation of national and international practices provides a solid
foundation for shifting from declarative approaches to integrated, technology-
driven mechanisms of social protection. Implementation of these measures would
ensure systemic coherence, transparency, and a sustainable reduction of economic
vulnerability among households in Uzbekistan, creating the conditions for a more
balanced and socially protected society.
The development of this area of legal regulation requires a comprehensive
approach, including the drafting of a framework law
“On the Social State,”
the
formation of an integrated database of normative acts (a
Social Code
or a block-
law system), and the introduction of standardized enforcement practices. At the
same time, it is necessary to strengthen mechanisms for citizen participation and
civil-society engagement, as well as to establish an independent monitoring and
audit system for social programs, with publicly available reports on beneficiaries
and resource allocation. Implementation of these measures will enhance the
efficiency and sustainability of social protection, reduce institutional gaps, and
bring the practical realization of citizens’ rights closer to their constitutional
guarantees.
At the same time, the maintenance of social stability is directly linked to the state
of the spiritual sphere, which shapes citizens’ value orientations and serves as the
foundation for social cohesion. Under modern conditions, religious life
176
OECD (2022)
Social Protection Systems and Digitalization: International Experience
. Paris: OECD
Publishing; Fleckenstein, T. (2008)
Restructuring Welfare for the Unemployed: The Hartz IV Reforms
in Germany
, In: Journal of Applied Behavioral Science, 3, pp. 25
–
48; Park, K.R. et al. (2021)
Digital
Resilience: Case Study of South Korea
. arXiv.
82
demonstrates a contradictory dynamic: on the one hand, youth interest in
traditional values and the authority of classical religious institutions are
strengthening; on the other hand, risks of radicalization, the spread of non-
traditional movements, and the dissemination of destructive ideologies in the
digital environment persist.
Such contradictions create serious challenges for public policy: it is necessary
simultaneously to support traditional institutions that shape moral and social
values, while countering threats from extremist and destructive ideologies. In this
regard, comprehensive measures become increasingly relevant — including
educational programs, development of digital literacy, youth involvement in
social initiatives, and institutional support for religious organizations capable of
forming and strengthening positive value orientations.
An optimal model of legal policy in this field should combine secular principles,
legal guarantees, and respect for society’s spiritual values, thereby forming a
holistic strategy for strengthening both social and institutional resilience.
However, existing legislation, including the Law “On the Concept of State Policy
in the Religious Sphere”
, contains gaps in defining regulatory procedures, and
some provisions remain declarative, requiring specification of implementation
mechanisms. Such ambiguity creates risks of inconsistent interpretation and
diminishes the effectiveness of the policy pursued.
The regulation of religious activity in the digital space requires particular
attention. Contemporary challenges associated with the dissemination of
religious content online, internet-based sermons, and virtual communities remain
insufficiently addressed in legal frameworks, even though digital channels now
play a decisive role in shaping citizens’ religious and ideological orientations.
Current regulatory measures largely focus on restricting youth participation in
religious activities, which is justified from the perspective of preventing
radicalization. Yet, systemic approaches to developing critical thinking, religious
literacy, and constructive-dialogue skills among young people are still lacking.
The shortage of positive alternatives undermines the effectiveness of preventive
efforts and fosters alienation, increasing risks to social stability. Particular
importance should be attached to developing mechanisms of resocialization and
177
Republic of Uzbekistan (2025)
Law of the Republic of Uzbekistan “On the Concept of Ensuring
Freedom of Conscience and State Policy in the Religious Sphere”
, ZRU-1037, adopted on February 25,
2025. Tashkent.
83
rehabilitation for individuals influenced by radical ideas. In practice, criminal-
law measures are not accompanied by social, educational, and psychological
programs aimed at reintegrating such individuals into normal life, which limits
the potential of humanitarian and preventive policy.
Another weak point remains the underdevelopment of cooperative forms of
interaction between the state and religious organizations. The declared equality
and non-interference in the activities of religious associations are not supported
by concrete mechanisms of their participation in social, educational, and cultural
projects, leaving much of their potential untapped.
Finally, legislation does not encompass a systematic information and awareness
policy. In the media space, religious issues are covered sporadically and
reactively, reducing the effectiveness of counter-extremism efforts. International
experience confirms that targeted information strategies are an important tool for
strengthening social stability.
Bridging the gap between the declarative principles of freedom of conscience and
their practical implementation may benefit from foreign experience. For instance,
Kazakhstan’s legislation clearly defines the status of religious organizations and
the boundaries of their activities, whereas the French model of laïcité is too rigid
for Uzbekistan’s social and cultural conditions.
A more productive solution lies
in a “middle path” that combines secular foundations with recognition of the
positive potential of religious institutions.
Prevention of radicalization through education is of particular importance.
Restrictive measures are necessary but insufficient — without religious-studies
education, a sustainable social immunity cannot be formed. In Germany,
Integrationskurse (integration courses) promote understanding of religion as part
of cultural diversity
; in the United Kingdom, the Prevent strategy emphasizes
the development of critical thinking among schoolchildren
. The introduction
of courses such as “History of World Religions” and “Fundamentals of Religious
Studies” in a secular format contributes to fostering tolerance and dialogue.
The development of resocialization and rehabilitation programs for former
radicals is also a key element of policy. In Indonesia, specialized centers
successfully combine psychological support, spiritual mentorship, and social
178
France (1905)
Loi du 9 décembre 1905 concernant la séparation des Églises et de l'État
.
179
Bundesamt für Migration und Flüchtlinge (2020)
Integrationskurse
. Berlin.
180
UK Home Office (2011)
Prevent Strategy
. London.
84
projects.
For Uzbekistan, such a model could serve as an effective alternative
to purely repressive approaches.
Equally significant is the development of partnership between the state and
religious organizations. The experience of Turkey demonstrates that the Diyanet
serves as an effective intermediary between the state and religious communities,
while simultaneously ensuring the preservation of the secular character of the
state.
In the Nordic countries, such as Norway and Denmark, religious
organizations are actively involved in social programs aimed at supporting
vulnerable groups — the homeless, migrants, and people facing adaptation
challenges. This contributes to strengthening social cohesion, maintaining the
institution of the family, and preserving cultural heritage.
Support for social programs and interaction with religious organizations not only
reinforces social institutions but also provides a solid foundation for a broader
approach to countering radicalization and extremism. A key role in maintaining
social stability and interfaith harmony is played by a systematic informational
and educational program. For example, in Singapore, harmony in a multiethnic
and multiconfessional society is maintained not only through legal restrictions
but also through a consistent state information policy: the media actively promote
ideas of tolerance, and public manifestations of religious hostility are strictly
suppressed.
In this regard, an indispensable condition for the effectiveness of religious policy
is the observance of a balance between control and freedom. The state must
ensure security and protect the constitutional order without excessive interference
in the personal sphere of citizens’ religious beliefs. Only a combination of secular
principles, legal guarantees, and respect for spiritual values can create a
sustainable and well-balanced model of legal policy.
At the same time, religious policy cannot be viewed in isolation from other areas
of public administration, since the effectiveness of anti-corruption activity
directly affects public trust in state institutions, including the religious sphere.
The establishment of the Anti-Corruption Agency has not yet led to the full
181
Hasan, N. (2019) ‘Rehabilitation Programs for Former Radicals in Indonesia’,
Journal of Southeast
Asian Studies
.
182
Presidency of Religious Affairs (Diyanet) (2021)
Annual Report
. Ankara.
183
Norwegian Church Aid; Church City Mission; Caritas Norway; Caritas Denmark;
Kofoeds Skole;
The Salvation Army Denmark
.
184
Ministry of Communications and Information, Singapore. Available at: https://www.mci.gov.sg.
85
achievement of goals in combating illicit enrichment and official misconduct:
problems persist due to the lack of a clear enforcement hierarchy and legal
coordination mechanisms among law-enforcement agencies, anti-corruption
structures, and civil society, as well as uncertainty in the distribution of powers.
Despite the strengthening of legal and institutional mechanisms for preventing
and combating corruption, the overall effectiveness of public policy remains
insufficient, which increases public mistrust toward the relevant bodies. In
response, systemic reforms have been implemented in recent years to promote
intolerance toward corruption within society. Thus, only in 2024, eight normative
acts were adopted to provide a legal framework for anti-corruption policy and to
create prerequisites for its effective implementation. Modern mechanisms of
corruption prevention are being introduced in the activities of state bodies and
organizations to enhance transparency and accountability before society. Within
the framework of the Strategy “Uzbekistan – 2030”, specific targets for increasing
the effectiveness of anti-corruption measures have been defined, and the State
Program on Combating Corruption for 2023–2024 has been approved. The public
list of disclosed information was expanded from 35 to 40 categories, creating
prerequisites for greater openness and public oversight.
Nevertheless, significant problems persist analysis of criminal cases reviewed by
courts in 2024 shows that the greatest damage to public interests was caused by
employees in education, healthcare, commercial banking, and employment
services. The Ministry of Justice identified 337 corruption factors in 222 out of
more than 2,000 draft normative acts (about 11%), mainly in documents prepared
by the ministries of economy and finance, ecology, agriculture, higher education,
science and innovation. The largest number of drafts that failed anti-corruption
review belonged to the ministries of investment, industry and trade, energy,
agriculture, and foreign affairs.
These data indicate that formal measures
without practical monitoring and evaluation of effectiveness cannot fully contain
corruption risks, and declarative strategies often remain mere imitations of anti-
corruption efforts.
Scholars
have
also
confirmed
this
tendency.
T.V.
Filonenko,
Ya.V. Gaivoronskaya, and F.A. Primov note that for corruption prevention to be
effective, it is not enough to establish a formal agency; what is needed is
185
UzDaily.uz,
Senate of Uzbekistan: National Report on Combating Corruption
.
86
institutional independence, personnel protection, and transparency of
mechanisms.
The creation of effective conditions for implementing anti-corruption policy faces
challenges not only in Uzbekistan but throughout post-Soviet states, which share
common features. The most characteristic problems include inconsistencies in the
functional competence of agencies claiming a coordinating role
, as well as the
risk of a “declarative trap” of strategic documents, when ambitious goals fixed in
normative acts remain unfulfilled due to insufficient resources, organization, or
legal support.
S.M. Lipset’s observation that the stability of a democratic legal system is
possible only when formal institutions correspond to actually functioning
mechanisms and social practices
is particularly relevant for post-Soviet
countries. Here, formal goals often diverge from real practice, and the lack of
coordination among government bodies prevents the effective implementation of
planned measures. A case in point is a number of anti-corruption programs
adopted in Kazakhstan between 2015 and 2018, which were nominally approved
but lacked actual enforcement of their key provisions.
In response to such challenges, institutional consolidation and systemic
coordination can significantly enhance the effectiveness of anti-corruption
efforts. In Estonia and Lithuania, integrating anti-corruption functions within
unified state agencies has reduced response times to identified corruption risks
and increased transparency of oversight.
Coordinating bodies in these countries
are authorized to conduct monitoring and evaluation of effectiveness, harmonize
inter-ministerial actions, allocate resources efficiently, and ensure regular
reporting to parliament and the public.
Applying similar principles in Uzbekistan implies the establishment of a single
coordinating div empowered to align the activities of the General Prosecutor’s
186
Filonenko, T.V. et al. (2015)
Anti-Corruption Policy in the System of Legal Policy Measures
,
In:
Actual Problems of Economics and Law, 3; Primov, F.A. (2022)
Administrative-Legal Aspects of
Corruption Factors in Public Administration
,
In:
CARJIS
.
187
Transparency International (2022)
Corruption in Transition Economies: Challenges of
Coordination
. Berlin; Lapaeva, V.V. and Tikhomirov, Yu.A. (2018)
Problems of Coordination in Legal
Policy: Theory and Practice
. Moscow: Norma.
188
Lipset, S.M. (1981)
Political Man: The Social Bases of Politics
. Baltimore: Johns Hopkins
University Press.
189
OECD (2025)
Integrity Review of Kazakhstan
. Paris: OECD Publishing, pp. 12–37.
190
OECD (2019)
Anti-Corruption Reforms in Estonia and Lithuania: Coordinated Approaches
. Paris:
OECD Publishing.
87
Office, the Ministry of Internal Affairs, the Accounts Chamber, and the Anti-
Corruption Agency, ensuring resource and organizational support for strategic
initiatives, monitoring implementation, and providing transparent reports to
society. Creating such a div would eliminate duplication of functions, enhance
inter-agency responsiveness, and ensure the practical implementation of strategic
objectives, transforming formal norms into genuinely functioning mechanisms of
corruption control. An essential condition for its success would be institutional
independence, accountability to the Oliy Majlis, and regular public reporting.
However, consolidation and formal coordination alone cannot guarantee
sustainable results without transparency and public trust. The introduction of
parliamentary and civil oversight mechanisms, including mandatory publication
of anti-corruption investigation outcomes and strategy monitoring results, helps
optimize resource allocation and increase confidence in the system.
The experiences of Georgia, Estonia, and Lithuania show that a comprehensive
approach combining political will, institutional independence, and transparency
ensures sustainable results.
These examples confirm that successful anti-
corruption policy depends not only on coordination and the distribution of powers
among responsible agencies but also on their practical ability to implement
decisions.
Adapting similar models of coordination for Uzbekistan could become a decisive
step from declarative provisions toward a truly functioning system. Considering
national specificities, the historical-cultural context, and the current state of the
legal and institutional environment, it is advisable to implement mechanisms
capable of ensuring the practical effectiveness of anti-corruption measures.
Comparative analysis confirms that goal setting alone is insufficient: effective
monitoring and performance-evaluation tools are essential to shift the focus from
formal provisions to an operational system. Therefore, compliance control in
ministries and agencies should go beyond counting documents and activities,
reflecting actual results and the social impact of reforms.
The reliability and comprehensiveness of the normative base are key factors for
successful oversight of anti-corruption measures. The rapid pace of law-making
in recent years has not always been accompanied by adequate legal expertise and
regulatory impact assessment, which has reduced goal attainment and
191
OECD (2020)
Combating Corruption in Georgia, Estonia and Lithuania: Lessons from International
Experience
. Paris: OECD Publishing, pp. 15–42.
88
underscored the need for systematic improvement of legislation and
administrative procedures.
In practice, these issues are particularly evident in certain sectors, such as
education. The introduction of fee-based contracts and related payments has
raised concerns within academic and expert circles over potential violations of
constitutional guarantees, insufficient transparency of normative decisions, and
growing social inequality.
Discussion of the legal admissibility of such
initiatives has revealed weaknesses in preliminary legal review and the lack of
regulatory impact assessment (RIA) mechanisms, highlighting the need for a
comprehensive approach to improving legal policy.
In the European Union, especially Germany and Finland, extensive procedures of
ex-ante and ex-post evaluation of normative acts are employed to identify
potential legal imbalances before laws take effect and to adjust them during
implementation.
The theoretical foundation for this approach derives from Jürgen Habermas, who
argued that legal policy deprived of mechanisms for analyzing its own
consequences inevitably acquires formal-authoritarian features.
the absence of instruments for assessing the effectiveness and social impact of
norms leads to mechanical application of law, undermines citizens’ trust, and
limits institutional adaptability.
Practical confirmation of these ideas can be found in the experience of Estonia,
where the introduction of e-Governance was accompanied by a comprehensive
legal framework ensuring inter-agency consistency, legal compatibility, and a
high level of digital security.
This not only improved the transparency of
government procedures but also accelerated the process of law enforcement
1
.
Similarly, combining theoretical awareness of the need for consequence analysis
with the practical toolkit of digital and normative integration has created a
sustainable and effective system of legal regulation.
192
Atabayeva, A.Y. (2024)
Determinants of Public Support for Fee-Contracts in Uzbekistan's Higher
Education
,
In: Asian Journal of Economics, Business and Management.
193
OECD (2019)
Better Regulation Practices across the European Union
. Paris: OECD Publishing.
194
Habermas, J. (2000)
Between Facts and Norms: Contributions to a Discourse Theory of Law and
Democracy
. St. Petersburg: Nauka.
195
OECD (2025)
Government at a Glance 2025: Estonia. June 2025 – Digital Government Index
Metrics
.
89
In the Republic of Korea, specialized structures — the Presidential Committee on
Regulatory Reform and the Korea Legislation Research Institute —
systematically review normative acts, analyze socio-economic impacts, and
minimize legal inefficiencies.
Consequently, the successful institutionalization of procedures for evaluating
normative acts creates the foundation for effective implementation of legislation,
where results depend not only on the quality of legal norms but also on the
existence of stable and systematically organized mechanisms for their
enforcement. The experiences of Estonia and Korea demonstrate that strategic
consistency, comprehensive legal expertise, and continuous public dialogue
ensure flexibility and adaptability of the legal system. Under conditions of
accelerated social, economic, and technological change, such adaptability
becomes a decisive factor, marking the natural transition toward addressing
modern risks and challenges in the field of legal policy.
196
Kim, Pan Suk (2010)
Regulatory Reform in Korea: Lessons for Developing Countries
,
In:
International Review of Administrative Sciences.
90
CHAPTER
IV.
Mechanisms
for
Implementing
Legal
Policy
§ 1. Coordination of Actors: From Departmental Fragmentation to Systemic
Manageability
The effectiveness of legal policy is determined by the systemic coherence of
actions taken by all its actors. Fragmented law-making and isolated law
enforcement create risks of duplicated functions, inconsistencies in the
interpretation of norms, and a decline in the state’s legal stability. These risks
become particularly acute during periods of active reform, when the expanding
div of normative acts requires not only formal coordination but also the
integration of strategic legal management tools.
among the actors of legal policy is a key condition for institutional and juridical
stability. However, formal mechanisms of interaction do not compensate for
departmental egoism, competition for influence, and the absence of a shared
strategic culture.
Despite the existence of inter-agency commissions and procedural regulations,
the national system still falls short of the level of manageability characteristic of
mature rule-of-law states.
The current situation underscores the importance of
a comprehensive approach to coordination that combines administrative,
analytical, and legal instruments.
Foreign practice highlights institutional conditions that ensure coherence and
accountability among legal-policy actors. In Finland, the Coordination Council
under the Ministry of Justice evaluates draft normative acts in terms of their
strategic goals and social priorities.
In the countries of the European Union, the
Regulatory Impact Assessment (RIA) procedure
evaluation of the potential consequences of legal decisions, mandating the
participation of governmental bodies, academia, and civil society. The conclusion
drawn from these examples is that institutional stability and formalized
procedures are key mechanisms for integrating law-making processes.
In the Republic of Uzbekistan, efforts are being made toward institutional
consolidation of legal policy actors. The establishment of the Governmental
Commission on Legislative Codification and the specialized parliamentary
197
Berman, H.J. (1983)
Law and Revolution: The Formation of the Western Legal Tradition
.
Cambridge, MA: Harvard University Press.
198
Johnson, J. (2017)
Comparative Constitutional and Legal Systems: Institutions and Outcomes
.
199
Government of Finland (2022)
Coordination of Legislative Policy
. Helsinki.
200
European Commission (2021)
Regulatory Impact Assessment (RIA) Guidelines
. Brussels.
91
committees reflects an intention to achieve unification and strategic planning.
However, the existing structures still fail to provide sufficient vertical and
horizontal coordination, since strategic documents are developed without a
unified methodology, standardized statistics on law-enforcement practice, or
feedback mechanisms — all of which create a risk of formalism.
At the local level, initiatives are often replaced by top-down directives, which,
according to N. M. Kononov, is typical for “hybrid modes of lawmaking” where
political-administrative rationality prevails over legal logic.
European experience emphasizes the necessity of combining institutional
mechanisms with a well-developed culture of interaction. In Finland, legal policy
is structured around a “cycle of evaluation – adjustment – implementation,”
which integrates both the academic community and the civic sector.
approach demonstrates that the stability of a legal system is impossible without
continuous analysis and feedback.
Russian scholarship supports a similar view: N. N. Ravochkin notes that without
a coordinated system of legal-policy actors, it is impossible to ensure the
effectiveness of legal governance
, while S.S. Alekseev identifies the
institutionalization of strategy as a mechanism for systemic management of legal
development
. In other words, the effective coordination of legal policy is
unattainable without the integration of knowledge and resources from both the
academic and civil sectors.
Under the conditions of Uzbekistan, such an approach could be realized through
the creation of a unified analytical center for the coordination of legal policy.
Locating this center within the Institute of Legislation and Legal Policy under the
President would make it possible to accumulate legal-statistical data, conduct
comprehensive evaluations of draft and enacted legislation, and provide
scientific-methodological support for the law-making process.
201
Kononov, N.M. (2020)
Hybrid Modes of Lawmaking and Administrative Rationality
. Moscow, p. 78.
202
Salminen, V. (2021)
Coordination and Legal Policy in Finland: An Evaluation of Legislative
Strategy
. Helsinki: Ministry of Justice; Government of Finland (2022)
Coordination of Legislative
Policy
. Helsinki.
203
Ravochkin, N.N. (2019)
Problems of Coherence in Contemporary Russian Legal Policy
. Moscow,
p. 179.
204
Alekseev, S.S. (2020)
Institutionalization of Legal Strategy as an Instrument of Systemic
Management of Legal Development
. St. Petersburg, p. 135.
92
The formation of such an institutional core would create prerequisites for strategic
coherence of legislative activity, minimizing formalism and fragmentation. A
unified methodology and centralized analytical database would establish the
foundations for systematic planning of legislative initiatives, enabling prediction
of their consequences and improving the quality of legal regulation in the long
term.
At the same time, digitalization of coordination processes becomes an essential
element for increasing effectiveness — serving as a tool for data integration,
monitoring the implementation of strategic goals, and ensuring prompt feedback
among legal-policy actors. The application of inter-agency monitoring platforms
with strategic-goal indicators, automated systems for assessing law-enforcement
quality, and instruments of public oversight would guarantee predictability and
accountability in legal regulation.
At the same time, mandatory legal and anti-corruption review of draft normative
acts, participation of representatives of civil society, and the establishment of
personal accountability for legal-policy actors create additional conditions for
improving both coordination and the quality of lawmaking. Together, these
measures form a comprehensive and sustainable mechanism for strategic
management of legislative activity.
The combination of a centralized analytical core and digital coordination tools
produces a system capable of ensuring coherence, transparency, and strategic
orientation in legal policy. As I.L. Morozova observes, “the blurring of
responsibility among public institutions leads to quasi-legal inertia and a decline
in trust in regulation”
Coordination of legal policy is not only an administrative category but also an
indicator of the maturity of the legal system, since it demonstrates the state’s
capacity to build an adaptive, predictable, and human-oriented system of law.
Achieving this goal requires the active involvement of academic and civic
resources, which enables the development of decisions that reflect both practical
experience and public expectations.
In this regard, Parliament plays a key role: it should not be confined to the formal
adoption of legislative initiatives but must serve as a platform for comprehensive
analysis and deliberation of draft laws. The institutionalization of parliamentary
205
Morozova, I.L. (2021)
Legal Responsibility and the Effectiveness of Regulation
. Moscow, p. 67.
93
hearings involving law-enforcement bodies, regional authorities, and public
organizations enhances transparency and legitimacy of adopted decisions,
forming the basis for their balance and sustainability.
Understanding the role of Parliament inevitably leads to the need to establish
feedback mechanisms among branches of power, allowing timely legislative
adjustments based on practical experience. In this context, the expansion of the
functions of the Committee on Legislation and Judicial-Legal Affairs of the Oliy
Majlis provides a framework for systematic monitoring of law enforcement and
identification of normative gaps.
Simultaneously, constitutional review, carried out by the Constitutional Court,
performs a preventive function, ensuring that draft laws are examined to prevent
potential legal conflicts at the earliest stages. This balance between executive
initiative and public interest strengthens the integrity of the law-making
process.
A natural continuation of this system is the digitalization of legal policy
processes, which integrates inter-agency analytical data, overcomes departmental
fragmentation, and ensures real-time interaction between Parliament, the
executive, and civil society institutions. Thus, the combination of parliamentary
and constitutional oversight with digital instruments forms a strategically
coherent, transparent, and efficient system of law-making, capable of enhancing
predictability, accountability, and public trust in the legal system as a whole.
In this respect, S. Lumsden and E. Harmer note that digital platforms enable
systemic monitoring of strategic-goal implementation and facilitate information
exchange among government bodies, research institutions, and civil society.
Although Uzbekistan has not yet developed a fully integrated legal-analytics
platform, the prerequisites for its creation are already emerging within the
framework of the Unified Interactive Public Services (EIGUU) and Digital
Government projects.
Based on these mechanisms, the strategic objective of coordination should be the
creation of an intellectual and organizational space for legal development,
providing for the systematic exchange of knowledge, analytical assessments, and
206
Khakimov, R.R. (2020)
Constitutional and Legal Status of the Oliy Majlis of the Republic of
Uzbekistan
. Tashkent.
207
Karakhodzhayeva, O.R. (2022)
Constitutional Review and Constitutional Justice
. Tashkent.
208
Lumsden, S. and Harmer, E. (2020)
Digital Tools for Public Policy Coordination
. London, p. 312.
94
feedback between the state, academic institutions, civil society, and international
partners. Such a space establishes conditions for long-term planning, coherence
of actions, and integration of strategic goals at all levels of the legal system.
Without these measures, fragmentation of the legal field and institutional
separatism will continue to hinder the successful implementation of even the most
well-conceived normative initiatives.
To conclude, systemic coherence, institutional stability, and formalized
procedures are indispensable conditions for strategically effective legal policy.
Their absence generates objective risks for state stability and the implementation
of comprehensive reforms. Coordination of legal policy thus becomes a key
factor in the resilience of the legal system: fragmentation and legal particularism
not only produce duplication of functions and interpretive contradictions but also
undermine the state’s capacity to realize complex strategic initiatives.
§ 2. Effectiveness of Legal Policy: Monitoring, Expertise, and Regulatory
Impact Assessment
The effectiveness and legitimacy of legal policy in the eyes of society are
determined not only by the substance of adopted decisions but also by the state's
capacity to ensure systematic monitoring, legal expertise, and assessment of their
real consequences.
Contemporary challenges demand a shift from declarative and formal law-
making to a scientifically grounded cycle of drafting, implementation, and
evaluation of legal acts — one that includes
ex ante
analysis, implementation
monitoring, and
ex post
evaluation of the actual impact of norms.
This implies a comprehensive integration of strategic management mechanisms
into all phases of the law-making cycle. As I.L. Bachilo notes, law should be
regarded as a dynamic regulatory system whose effectiveness is defined by the
correspondence between social effects and the normative intent of regulation.
From this perspective, there is a transition from the normative formalism of the
post-Soviet doctrine toward an empirically oriented model, in which law serves
as an instrument of regulation — its quality measured by the degree of social
transformation, the alignment of norms with citizens’ interests, and the level of
209
Bachilo, I.L. (2016)
Legal Policy in the Context of Digitalization: Challenges and Prospects
.
Moscow: Norma.
95
trust in public institutions. Such an approach resonates with the concept of J.
Rawls, who emphasized justice as a process ensured through institutional
procedures that allow the state to adjust its actions in accordance with evolving
public expectations.
International experience demonstrates the growing significance of
evidence-
based policy
— policy grounded in empirical data, implying systematic
verification of legal decisions through monitoring, expert analytics, sociological
measurement, and public consultation. Procedures of Regulatory Impact
Assessment (RIA) have become an international standard (OECD, EU, UNDP).
Since the early twenty-first century, post-normative analysis has been a
mandatory element of the European Union’s law-making process, encompassing
both socio-economic effects and legal risks.
In Canada, the Netherlands, and
Germany, specialized institutions not only analyze draft legal acts before their
adoption but also monitor their implementation for several years. According to
T.Ya. Khabrieva, such institutions create a “legal layer of trust” between the state
and society by ensuring transparency and predictability in the legislative
process.
Against this background, the measures undertaken in Uzbekistan since 2018 to
introduce instruments of democratic and accountable lawmaking appear as a
natural stage of institutional modernization. Anti-corruption and legal expertise
have been institutionalized, the system of Regulatory Impact Assessment (RIA)
has been piloted, and projects of strategic planning have been implemented.
Within the framework of the Anti-Corruption Strategy for 2021–2025,
mechanisms of anti-corruption monitoring and declarative regulation have been
introduced, while for a number of normative acts at the
ex-ante
stage, RIA tools
have been applied.
However, despite the importance of these transformations, in practice these
procedures are implemented only sporadically and often in a formalistic manner.
The main obstacles are, first, the absence of a unified methodology and
institutional coordination, which reduces the effectiveness of evaluation and
control. The mechanisms of financial and economic justification often boil down
to superficial calculations, preventing an adequate assessment of the burden on
the state budget and the business sector. Among the most illustrative examples
210
Rawls, J. (1993)
Political Liberalism
. New York: Columbia University Press.
211
OECD (2018)
Regulatory Impact Assessment: Best Practices
. Paris: OECD.
212
Khabrieva, T.Ya. (2019)
Law and the Challenges of Modernity
. Moscow: Norma.
96
are the discrepancy between pension benefits and minimum consumer
expenditures, and the selective provision of tax privileges to certain entities —
both of which undermine the principle of equality before the law.
Second, regulatory impact assessment is still largely confined to the formal
coordination of draft acts, while forecasts of their socio-legal consequences
remain beyond consideration. Monitoring of law enforcement continues to have
a declarative nature: its results rarely serve as the basis for introducing
amendments or legislative corrections. As a result, a procedural rather than
substantive approach dominates, where the refinement of individual norms
substitutes for strategic regulation. For instance, amendments to pharmaceutical
legislation and to the sphere of “green energy” streamlined certain procedures but
failed to ensure citizens’ broader access to essential medicines or to increase the
share of renewable energy. In contrast, the European Union implements the
Better
Regulation
process, which links each procedural change to a system of
quantitative indicators and continuous monitoring.
Third, the dominance of form over substance reduces the transformative potential
of legal reforms and impedes the attainment of long-term social effects. A typical
manifestation of this tendency is the lack of implementation and control
mechanisms within laws themselves. For example, adjustments to the procedural
status of a suspect or granting operational agencies access to information systems
without sufficient legal safeguards exemplify the threat to constitutional rights of
individuals. In EU and U.S. practice, such initiatives undergo mandatory public
review, independent legal evaluation, and parliamentary hearings
, minimizing
the risks of arbitrary application. In Uzbekistan, these mechanisms remain weakly
institutionalized.
Fourth, the law’s excessive dependence on subordinate regulations undermines
its autonomous regulatory force and reinforces its declarative nature. A
characteristic example is the law on parliamentary procedures, which formally
introduced the institution of self-dissolution of chambers without establishing
procedural mechanisms for its implementation. Such “legislative symbolism”
starkly contrasts with foreign practice
, where the adoption of a law is preceded
by detailed elaboration of its enforcement mechanisms and comprehensive
213
European Commission (2021)
Better Regulation Guidelines
. Brussels: European Union.
214
World Bank (2020)
Global Indicators of Regulatory Governance
. Washington, DC: World Bank.
215
OECD (2020)
Best Practice Principles for Regulatory Policy: Regulatory Impact Assessment
. Paris:
OECD Publishing.
97
assessment of potential consequences. A similar trend is evident in the general
subordination of legislation to subordinate acts - а particularly alarming
phenomenon arises when subordinate regulations enter into force earlier than the
laws themselves, thereby undermining the hierarchy of legal sources and eroding
public trust in the legal system.
The combination of these factors indicates the necessity of forming a holistic
model for assessing regulatory and legal activity — one based on transparent
criteria, institutional coherence, and orientation toward long-term social
outcomes.
Such a model should encompass both the preliminary analysis of draft legal acts
and their
post-legislative
monitoring, enabling the identification of the real impact
of legal norms on social relations and the timely introduction of corrective
measures. It is essential to rely on international standards of transparency and
accountability while adapting them to national conditions. Only in this case can
mechanisms of expertise, monitoring, and regulatory impact assessment evolve
from formal procedures into effective tools for the development of the legal
system and the strengthening of trust between the state and its citizens.
Nevertheless, even with a comprehensive assessment model in place, difficulties
persist due to the insufficient analytical foundation upon which legal innovations
should rely. Visualization of parliamentary and ministerial monitoring reveals that
results often depend on the interests of individual institutions and lack a stable
system of feedback with society and the expert community. Under such
conditions, the institutionalization of a comprehensive and systematic monitoring
mechanism becomes a prerequisite for improving the quality of lawmaking. This
mechanism must rely on digital platforms, independent expertise, and the
mandatory revision of legal acts based on
ex post
evaluations. The
implementation of such an approach would enhance the stability of legal
regulation, making the lawmaking process more transparent, predictable, and
responsive to public expectations.
Consequently, a key direction for improvement is the integration of complex
regulatory impact assessment methods, adapted to national conditions, while
drawing on international experience, risk forecasting, and the active involvement
of all stakeholders in the legislative process. A direct correlation must exist
between monitoring results and legislative adjustments.
98
Empirical observations demonstrate that, in practice, research and expert
recommendations often remain unutilized: between 2020 and 2022, only about
42% of proposals by international treaty bodies were incorporated into the
drafting of normative acts.
This gap reduces the effectiveness of lawmaking
and hinders the formation of a fully functional regulatory assessment system in
the Republic.
Additional evidence of the limited effectiveness of current feedback mechanisms
can be found in sociological surveys conducted by the National Movement
“Yuksalish” and the Uzbek Forum for Human Rights. Respondents reported a low
level of trust in the outcomes of citizen appeals: only 46.7% believed their
opinions were taken into account in decision-making.
occurred during the 2022 amendments to the Law “On Appeals of Individuals and
Legal Entities”, where expert recommendations and monitoring results were not
adequately considered. The main reasons include the absence of a unified
database of monitoring studies, insufficient interagency coordination, and limited
opportunities to involve independent specialists.
In this context of fragmentation, the institutionalization of multi-level tracking of
law enforcement processes acquires particular significance. Its effectiveness
depends on the use of digital platforms, regular sociological and legal
assessments, and a system of multi-factor indicators that measure not only
quantitative parameters but also the actual enforceability of legal norms, their
impact on citizens’ behavior, and the level of public trust in state institutions.
International experience confirms the effectiveness of such an approach: within
the European Union, the
Better Regulation
initiative actively deploys digital
platforms for public consultations, enabling the monitoring of the entire life cycle
of a normative act — from design to post-enactment evaluation.
Similar practices are recommended by the OECD, emphasizing integrated
monitoring systems and alignment of national indicators with international
standards.
Adaptation of these instruments to national conditions could
216
International Commission of Jurists (2023)
Monitoring and Coordination of Implementation of UN
Treaty Body Recommendations in Uzbekistan
.
217
Uzbek Forum for Human Rights; National Movement "Yuksalish" (2022)
Civil Report on the
Implementation of the UN Convention Against Corruption
.
218
UNDP (2022)
Guidance on Public Administration Performance Assessment
.
219
European Commission (2021)
Better Regulation Guidelines
. Brussels: European Union.
220
OECD (2021)
Regulatory Policy Outlook 2021
. Paris: OECD Publishing.
99
enhance not only transparency but also public confidence in the outcomes of
normative activity.
§3. Legal Expertise, Institutionalization of Impact Assessment, and
Integration of Scientific Oversight in Key Sectors
One of the most important directions in the modernization of national legal policy
is the formation of a system for monitoring and evaluating the effectiveness of
lawmaking, which constitutes the foundation of a systemic approach to legislative
activity. Within this framework, legal expertise serves as a tool for concretizing
and ensuring the effectiveness of regulatory governance in critically significant
areas. International experience shows that it is precisely the institutionalization
of expertise — its mandatory inclusion in the procedures of drafting, reviewing,
and implementing laws — that creates conditions for the practical realization of
the goals of legal policy and for improving the quality of normative acts.
In our view, such a mechanism is of particular importance in the fields of criminal
justice, anti-corruption policy, and migration, where the precision of normative
decisions determines social stability, the level of public trust in state institutions,
and the effectiveness of the implementation of constitutional guarantees.
Thus, in the sphere of criminal policy, a mechanism of scientific expertise of draft
laws is being introduced to identify disproportions between the declared goals of
tougher punishments and the actual level of crime. An illustrative example is the
tightening of sanctions for offenses related to recidivism in 2022: it did not lead
to a decrease in the level of recidivism; on the contrary, the share of repeat
offenses among previously convicted individuals increased from 23.4% in 2021
to 28.9% in 2023.
The main causes of this growth lie in the underdeveloped system of
resocialization, weak post-penitentiary support, and legal instability caused by
the frequent revision of criminal norms. These conclusions are also supported by
foreign studies: M. Tonry notes that increasing punitiveness does not guarantee a
reduction in recidivism and often contributes to its growth.
221
Kurbanov, Sh. (2023)
The Main Concepts and Content of Recidivism
,
In: Sociology and Innovations.
222
Tonry, M. (2019)
Sentencing Policies and Recidivism: International Evidence
,
In: Crime and Justice,
48(1), pp. 439–494.
100
Hence, the effectiveness of legal policy is determined not so much by the severity
of sanctions as by the state’s ability to prevent risks at early stages. In Uzbekistan,
preventive institutions are being strengthened in parallel, especially in the field
of anti-corruption policy, driven by the need to increase the resilience of the legal
system to corruption risks.
Anti-corruption expertise of normative legal acts, conducted by the Ministry of
Justice, has identified a significant number of drafts containing corruption-
inducing factors, particularly in the spheres of investment, energy, and
agriculture.
According to its findings, the formal quality of drafting acts does
not guarantee their resilience without systematic impact analysis and institutional
control mechanisms.
An important component of the national model was the mandatory declaration of
income and property by public officials and their family members holding more
than a 50% state share in business entities, established by Presidential Decree No.
UP-6257 of July 6, 2021.
However, the practical implementation of this
mechanism was partially postponed, underscoring the need to create additional
tools for preventing corruption risks and for systematically monitoring the
enforcement of normative acts.
In 2023, the Law “On Anti-Corruption Expertise of Normative Legal Acts and
Their Drafts” was adopted, aimed at identifying corruption-related factors at the
drafting stage of legislative and sub-legislative acts. This regulatory act
institutionalized a preventative approach, which involves identifying corruption-
causing factors at the rule-making stage, consistent with modern international
standards of good governance. Thus, the state's anti-corruption policy shifted its
focus from reactive measures to the prevention of potential violations.
Positive changes are reflected in statistics: there has been a decline in the number
of registered corruption offenses, a reduction in total damage, and an increase in
the number of individuals held accountable.
However, interpreting these data
requires caution: quantitative indicators do not always adequately reflect the
223
Ministry of Justice of the Republic of Uzbekistan (2023)
Report on Anti-Corruption Expertise of
Draft Normative Acts
.
224
OECD (2020)
Regulatory Impact Analysis: Practices in OECD Countries
. Paris: OECD Publishing.
225
Republic of Uzbekistan (2021)
Decree of the President of the Republic of Uzbekistan No. UP-6257
of July 6, 2021 “On Measures to Introduce a System of Mandatory Declaration of Income and
Property
”.
226
Anti-Corruption Agency of the Republic of Uzbekistan (2024)
National Report on Combating
Corruption for 2023
. Tashkent.
101
depth of corruption processes, as they depend on the transparency of reporting,
the detection rate of violations, and the independence of monitoring institutions.
At the same time, the dynamics of statistical indicators cannot be considered in
isolation from the socio-psychological dimension of anti-corruption policy. The
real impact of legal reforms is determined not only by formal mechanisms and
institutional innovations, but also by the extent to which society trusts the bodies
responsible for their implementation.
The UNDP survey conducted in 2024 showed that about 64% of citizens express
trust in the bodies responsible for combating corruption.
At the same time, the
data demonstrates a pronounced socio-territorial differentiation: rural residents
are more likely to trust the Anti-Corruption Agency, while urban residents are
more likely to rely on independent media and the bloggers as alternative channels
of public oversight.
This asymmetry of perception points to the need to improve the communication
strategy of government institutions, expand public participation and increase
transparency in decision-making.
A comparative analysis suggests that similar challenges exist in other countries.
In Finland, the practice of Regulatory Impact Assessment (RIA) ensures a
comprehensive review of draft laws using multi-criteria indicators and mandatory
public consultation, thereby enhancing trust in the reform process. In Norway,
assessment procedures, including those in the criminal policy sphere, accompany
the introduction of innovations and allow the anticipation of social
consequences.
Thus, the institutionalization of legal expertise and the
evaluation of regulatory decisions in key sectors serve as vital tools for building
a predictable, socially oriented, and trustworthy legal system.
Social stability and public trust are shaped not only through anti-corruption
efforts but also through effective management of processes that directly affect the
vital interests of the population. One of the most sensitive areas in this regard is
migration, which has a complex impact on the economy, social institutions, and
interstate relations. Accordingly, legal expertise in the field of migration policy
acquires special importance.
227
UNDP (2024)
Assessment of Public Trust in Anti-Corruption Institutions in Uzbekistan
. Tashkent.
228
Finnish Council of Regulatory Impact Analysis (2023)
Annual Report 2022
. Prime Minister's Office,
Helsinki; OECD (2025)
OECD Regulatory Policy Outlook 2025: Norway Country Profile
. Paris:
OECD Publishing.
102
With the growing scale of labor migration of Uzbek citizens abroad and
demographic changes within the country, the absence of systematic evaluation of
regulatory decisions creates risks of social imbalances — particularly concerning
the social protection of migrants and their families.
International experience, such as that of Canada and Germany, demonstrates that
combining mandatory legal expertise of migration decisions with socio-economic
forecasting helps minimize destabilizing effects.
These challenges are closely linked to the economic structure of the country,
where job creation rates do not always keep pace with the growth of the labor
force. Under such conditions, labor migration becomes both a mechanism for
stabilizing the domestic labor market and a source of remittances that improve
living standards.
At the same time, despite rising incomes in high-tech and medical sectors,
international migration of qualified professionals remains attractive due to
differences in social support systems, cost of living, and requirements imposed
by host countries — including language proficiency and formal qualification
recognition.
From the perspective of migration governance, a significant shortcoming remains
the lack of an integrated approach and a unified system for assessing the impact
of migration policy at the regional level.
Fragmentation reduces manageability and adaptability, leads to duplication of
agency functions, and limits the effectiveness of protecting migrants’ rights
abroad. Sociological studies indicate that decisions regarding temporary labor
migration are often influenced by family, community, and social networks that
shape values and behavioral models.
Limited employment opportunities in rural areas further exacerbate the
imbalance.
Empirical data confirms a stable interest in temporary migration,
especially among youth, while identified trends point to a systemic issue: the
absence of a unified migration policy, resulting in fragmented efforts where
229
Migration Policy Institute (2020)
Legal Frameworks and Migration Governance: Comparative
Analysis
. Washington.
230
International Labour Organization (2023)
Skills Mobility and Labour Migration: Global Trends
.
Geneva.
231
Kakharova, D. (2024)
Gender Aspects of Labor Migration in Uzbekistan
. Tashkent.
232
Kholmuminov, Sh. (2023)
Empirical Study on Job Creation for Labor Migrants in Rural Areas
, In:
Iqtisodiyot va ta'lim, 5(24).
103
measures concerning external and internal migration, integration, and social
adaptation remain uncoordinated.
The lack of coordination between agencies such as the Ministry of Internal
Affairs, the Ministry of Employment and Labor Relations, and the Ministry of
Foreign Affairs leads to duplication of functions, delays in documentation, and
reduced effectiveness in protecting migrants’ rights. These institutional gaps
increase migrants’ social vulnerability, reflected in violations of labor contracts,
salary delays, and inadequate living conditions. Internal migration faces housing
shortages, employment challenges, and limited access to social support.
Under these circumstances, a systematic state migration policy based on long-
term strategic planning is needed. The key element is the development of a unified
strategy that takes into account domestic economic needs, opportunities of the
external
labor
market,
and
the
tasks
of
social
integration.
Only the institutionalization of comprehensive mechanisms for monitoring and
expert evaluation including social impact forecasting, use of statistical and
sociological data, and engagement of expert and civil society communities can
enhance the manageability of migration processes and strengthen public trust in
state institutions.
In this regard, the establishment of a centralized coordinating div overseeing all
governmental structures involved in migration regulation is of critical
importance. Such a div would ensure coordinated actions, timely responses to
changes, and the development of unified governance standards.
Alongside institutional coordination, human resource development is equally
essential.
The formation of a qualified workforce entails the training of specialists in
priority fields demanded by both domestic and international labor markets.
Solving personnel issues increasingly depends on diversifying the geography of
labor migration through the development of international mobility programs, the
implementation of bilateral agreements, and the expansion of partnerships.
233
Isakulov, Sh.N. (2021)
Features of the Systematization of Migration Processes and Governance
Mechanisms
, In: Economics and Education, 4.
234
Djoldasova, S.D. (2021)
Improving the Legal Regulation of the Migration Sphere in Uzbekistan
.
Tashkent.
235
Otajanov, A. (2023)
Analysis of International Standards Regulating Labor Migration
, In: Yurist
Journal, 3(6).
104
This approach reduces dependence on a limited number of recipient countries and
ensures the sustainability of migration flows. However, human resource
development cannot be considered in isolation from the social adaptation of
migrants. The return of skilled workers from abroad and their effective integration
into the national economy only become practical if effective mechanisms for
securing human capital within the country are in place, including a system of
incentives for professional growth, recognition of foreign qualifications, and the
development of a social support infrastructure.
Therefore, support programs for repatriating citizens
−
from professional
retraining to psychological support and assistance with socioeconomic inclusion
−
are becoming an integral element of a comprehensive migration strategy.
However, such measures require scientific justification: without the systematic
use of sociological research and predictive models in strategic planning, their
effectiveness is limited.
The insufficient development of the methodological framework and the lack of
institutional responsibility for the ex-post evaluation of regulatory acts remain a
serious obstacle. At the same time, socioeconomic realities themselves reinforce
the importance of such measures: labor force growth continues to outpace job
creation, stimulating a significant outflow of labor abroad and affecting the
structure of migration flows.
This underscores the need to rely on empirical
data to adjust migration policy and develop adequate tools for its implementation.
Recommendations for modernizing the institutional migration management
system emphasize the use of integrated mathematical and methodological
approaches.
M.A. Rakhimova has substantiated the need for large-scale legal,
financial, and social support tools for migrants — ranging from organized
recruitment and legal protection to labor activity monitoring.
absence of a robust methodological base and clearly defined institutional
responsibility for ex post evaluation of normative acts continues to diminish the
effectiveness of implemented initiatives.
236
Mamadalieva, Kh.Kh. (2023)
Demographic Development and Migration Trends in Uzbekistan,
In:
Demis Demographic Studies, 3(2), pp. 78–91.
237
Usmanov, Z. et al. (2021)
Social Networks and Labor Migration in Uzbekistan
, PMC. Available at:
https://pmc.ncbi.nlm.nih.gov/articles/PMC8276684
238
Rakhimova, M.A. (2020)
Legal Regulation of Labor Migration: The Practice of the Republic of
Uzbekistan
, In: Science. Culture. Society, 1, pp. 47–55.
105
The problem is systemic in nature: many legal acts are adopted without a
comprehensive analysis of their actual impact on social and economic processes.
Particularly acute is the lack of a unified system of legal indicators enabling the
comparison of the effectiveness of norms across various sectors — social,
criminal, anti-corruption, and others. Consequently, legal policy loses coherence,
and the outcomes of its implementation are difficult to correlate with real public
needs.
International experience confirms the necessity of systematic legislative
assessment as a prerequisite for effectiveness. In the United Kingdom, the Post
Implementation Review (PIR) mechanism requires the government to publish,
within three years after the adoption of a normative act, a report on its socio-
economic impact.
In Uzbekistan, such practices remain fragmentary and lack
institutional consolidation.
The insufficiency of such evaluation is also confirmed by a joint study conducted
by the Nationwide Movement “Yuksalish” and UNICEF
, which revealed that
the current normative framework often lags behind citizens’ practical
expectations, especially among the youth. Similar recommendations are found in
UNDP methodological materials, which emphasize the need to introduce
procedures for assessing the impact of normative acts.
Similar recommendations are contained in the UN Development Programme's
methodological materials, which emphasize the need to implement impact
assessment procedures for regulatory acts. Taken together, this means that state
legal policy, including migration policy—should be considered through the prism
of public perception and citizen trust in the decisions made.
Against this backdrop, the effectiveness of a legal norm—its ability to bring about
socially significant changes, prevent undesirable consequences, and ensure a
balance of interests—becomes an equally important criterion. To achieve this, it
is necessary to institutionalize comprehensive mechanisms for monitoring, legal
review, and regular assessment of the effectiveness of regulatory decisions
239
UK Government (2020)
Better Regulation Framework. Guidance
.
240
The Youth Union of Uzbekistan “Yuksalish”, and UNICEF (2021)
Youth of Uzbekistan: Challenges
and Prospects
. Joint Report. Tashkent.
241
UNDP Uzbekistan (2020)
Methodological Guidelines for Impact Assessment of Normative Acts
.
Tashkent.
242
Kashanina, T.V. (2020)
Theory of State and Law
. Moscow: Norma.
106
covering the entire cycle of legal policy—from development to post-
implementation analysis (ex post).
The effectiveness of such mechanisms is possible only through an
interdisciplinary approach involving the efforts of lawyers, sociologists, political
scientists, and economists. L. M. Entin rightly notes that the quality of
legislation
is determined not only by legal instruments but also by the contribution of
specialists from other disciplines.
International standards, including OECD
recommendations on Regulatory Impact Assessment (RIA), confirm the necessity
of such an integrated approach.
Consequently, the implementation of an institutionalized system for assessing the
regulatory and actual impact of regulations will ensure the integrity of legal
policy, enhance its consistency and effectiveness, and strengthen public trust in
government decisions.
To achieve these goals, it is necessary not only to institutionalize the relevant
mechanisms but also to systematically engage the expert and scientific
community in the legal policy-making process. The creation of a hybrid model
involving think tanks, academic institutions, and independent research
organizations allows for the integration of monitoring, forecasting, and legislative
adjustments.
In Uzbekistan, key actors in this process include the Institute for Legislation and
Legal Policy, the Agency for this process includes the Institute for Legislation
and Legal Policy, the Agency for Strategic Reforms under the President, and other
specialized institutions whose functions encompass analysis, forecasting, and
participation in improving legislation in line with international standards.
Alongside institutional consolidation, an important direction is the digitalization
of monitoring procedures through a unified platform recording objectives,
indicators, and results of legal policy implementation. This enhances
transparency and accountability. The experience of Estonia demonstrates that
such platforms provide a full cycle of public discussion and oversight of
normative decisions.
Today, the effectiveness of legal policy should be assessed not only from the
perspective of legal technique but also through societal perception, self-
243
Entin, L.M. (2018)
The Quality of Legislation: Problems and Prospects
, In: Journal of Russian Law,
12, pp. 5–15.
244
Estonian Ministry of Justice (2019)
e-Law Platform Overview
. Tallinn.
107
reflection, and institutional adaptability. The creation of a unified mechanism —
where ex ante forecasting is combined with ex post verification, and the results
of expertise serve as the basis for legislative adjustments — ensures the
coherence, resilience, and legitimacy of the legal system.
§ 4. Participation of Civil Society and the Academic Community: Ensuring
Feedback and Practical Effectiveness
The development of legal policy is inseparably linked to the transformation of
participation by civil society and the academic community — from formal
declarations to genuine dialogue, where they act not merely as consultants but as
co-authors of legal initiatives. Without this shift, the legitimacy and sustainability
of the legal regime come into question, leading to the central issue — the
effectiveness of law and its perception by society.
Ongoing discussions increasingly focus on how far legal norms actually function
and produce significant social change. In this context, the experience of
Uzbekistan is of particular interest to the international expert community, as it
reflects a gradual departure from formal law-making toward the search for
mechanisms that ensure practical effectiveness. In other words, attention is
shifting from the legal correctness of the text of the law to its ability to strengthen
citizens’ trust in institutions and to prevent social deviations.
To ensure the practical effectiveness of laws, institutionalized monitoring and
legal review are required. This is not about formal oversight, but about creating a
comprehensive mechanism for the systemic assessment of regulatory decisions at
all stages of their life cycle—from preliminary impact analysis (ex ante) to
subsequent review (ex post).
This approach, proven in foreign countries, allows us to overcome the declarative
nature of goals and develop flexible regulatory frameworks capable of adapting
legislation to changing social and economic conditions.
An essential component of this model is a new format of interaction between the
state, citizens, and the expert community. Legal policy, considered as a tool for
sustainable development, cannot be limited to the precision of legal formulations;
its effectiveness is ensured through the inclusion of public initiative and scholarly
analysis in the law-making process. It is precisely the integration of expert
108
knowledge and public participation that lends legal policy systemic coherence,
legitimacy, and adaptability.
At the present stage, the participation of civil society institutions in shaping legal
policy remains limited. Public councils under state bodies exist formally and fail
to realize their potential, which leads to an institutional gap between official
procedures and genuine citizen involvement. This weakens the capacity of law to
fulfill its primary function — to serve as an instrument of social consensus and
sustainable development.
Overcoming this institutional gap requires the development of mechanisms aimed
at strengthening scholarly and public expertise of draft laws, using digital
platforms for open discussions, establishing independent centers of legal analysis,
and transforming public councils into effective platforms for the reconciliation of
interests. These measures can elevate legal policy in Uzbekistan to a new level,
where legislation becomes not merely an expression of state will but the outcome
of a meaningful dialogue with society, grounded in the principles of transparency,
scientific validity, and trust.
An important instrument for implementing this approach, in our view, is the
concept of the
“Listening State”
, which has not yet received full institutional
consolidation at the national level. Its central mission lies in overcoming the
limitations of the traditional administrative-bureaucratic model and in
transitioning from the hierarchy
“State – Society – Individual”
to its inversion —
“Individual – Society – State.”
This shift transfers the emphasis from the priority
of administrative apparatuses to the priority of citizens’ rights, freedoms, and
interests, thereby shaping a socially legitimate legal policy.
However, the absence of stable feedback channels significantly hinders the
practical realization of this concept. Experience shows that a significant share of
governmental programs and strategies have failed to achieve declared goals
precisely due to limited participation of citizens and civil-society institutions. The
population’s distrust toward certain state institutions and its weak awareness
confirm the need for new organizational-legal solutions. Under these
circumstances, the
Listening State
method is being consolidated as a key element
of contemporary legal policy, intended to strengthen public trust, enhance the
legitimacy of decisions, and ensure the sustainability of social development.
The distinctive feature of the proposed model lies in the institutionalization of
legal guarantees of openness, accountability, and transparency of public
109
authorities. It is aimed at establishing stable mechanisms for continuous dialogue
between the State and citizens — including instruments of public representation
within state bodies, digital feedback platforms, open-data systems, and e-
rulemaking. Of particular importance is the provision enabling citizens to
genuinely influence processes of strategic and budgetary planning and to ensure
fair access of various social groups to public services. It is precisely this capacity
that turns public participation into a factor directly affecting the efficiency of
public administration.
From this perspective, the
Listening State
concept appears not as a declarative
slogan but as a systemic direction of legal policy that establishes new standards
of administrative practice. Its essence is expressed in the fact that citizens’
participation in discussing and evaluating decisions becomes the foundation for
shaping the reform agenda and for the early identification of social risks.
Consequently, the role of public authorities is not limited to responding to
incoming requests but extends to their anticipation — which allows potential
conflicts to be minimized and strengthens the resilience of the legal order.
The key consequences of implementing this concept are multifaceted.
First, it contributes to strengthening public trust in state institutions, thereby
enhancing the legitimacy of governance. Second, it creates preconditions for a
transition to a service-oriented model of public administration, in which equality
of opportunity in exercising rights and accessing services becomes a central
priority. Finally, it lays a legal foundation for the further development of civil
society institutions and local self-government — without which sustainable social
development is impossible.
Thus, the concept of the Listening State is
gradually emerging as a fundamental pillar of the renewed legal policy.
The experience of Central and Eastern European countries demonstrates that the
transition from formal participation to genuine dialogue requires long-term
institutional restructuring, including the introduction of procedures for public
consultations and independent scientific expertise. Estonia offers a telling
example: its e-Consultation System ensures not only public access to draft laws
but also transparent accounting of submitted comments, together with reasoning
for their acceptance or rejection. This experience is particularly instructive for
245
Malikova, G.R. (2009)
Problemy sovershenstvovaniya konstitutsionnykh (pravovykh) osnov instituta
samoupravleniya grazhdan
. Abstract of Doctoral Dissertation in Law. Tashkent.
110
national lawmaking, where digital platforms remain primarily oriented toward
administrative control rather than consultative functions.
International legal scholarship underlines the necessity of institutionalizing
scientific and civic expertise in lawmaking. As Jürgen Habermas points out in his
analysis of the public sphere, the legitimacy of legal norms is possible only under
conditions of rational public deliberation.
Similarly, J. Cohen, A. Fung, and E.
Wright, within the concept of
deliberative democracy
, emphasizes that normative
decisions must result from transparent and inclusive consultation processes
involving representatives of government, civil society, and academia.
Russian researchers such as A.A. Oleynikov and S.A. Avakyan note that, in
transitional legal systems, participation of the scientific community performs a
compensatory function, filling gaps in institutional trust and legal predictability.
At the same time, they warn of the danger of
“showcase consultations”
, where
expert opinions are formally solicited but have little actual influence on decision-
making.
The analysis of the development of normative legal acts in Uzbekistan reveals
systemic problems in both public participation and expert assessment.
Despite statutory provisions requiring mandatory legal expertise and public
discussion, these procedures often remain formal and fail to ensure that the views
of interested stakeholders are properly taken into account. For instance, the
system of Regulatory Impact Assessment (RIA) formally requires the
organization of public consultations for significant draft legal acts.
However, in practice, the analytical value of RIA can only be realized when the
reactions of end-users, expert communities, and the media environment are taken
into consideration. Monitoring publications on social networks and reports in
mass media enables the identification of both systemic shortcomings of draft laws
and national specificities in their perception and implementation.
A striking example is the draft law introducing administrative liability for
publications that “discredit” law-enforcement officers. The bill provoked a strong
246
Habermas, J. (1996)
Between Facts and Norms: Contributions to a Discourse Theory of Law and
Democracy
. Cambridge, MA: MIT Press.
247
Cohen, J. (1989)
Deliberative Democracy and Democratic Legitimacy
. In: Hamlin, A. and Pettit, P.
(eds.) The Good Polity: Normative Analysis of the State. Oxford: Basil Blackwell, pp. 17–34; Fung, A.
and Wright, E.O. (2003)
Deepening Democracy: Institutional Innovations in Empowered Participatory
Governance
. London: Verso.
248
Oleynikov, A.A. and Avakyan, S.A. (2020)
Konsultatsionnaya butaforiya: na puti k podlinnoy
obshchestvennoy ekspertize pravovykh reform
, In: Gosudarstvo i Pravo, 9, pp. 112–125.
111
public response and criticism, ultimately leading to its rejection by the Senate.
The problem did not lie in the absence of a regulatory idea but in the superficial
approach to the assessment of its potential consequences: the proposed measures
duplicated existing provisions of administrative and criminal liability, restricted
access to information, and contradicted the state policy of openness while
simultaneously creating risks of abuse.
A similar situation was observed during the drafting of the Law “On Conflict of
Interest”. Although a ban on public officials engaging in entrepreneurial activities
had previously been established, its enforcement remained largely formal.
The mass reaction of social-media users to thousands of conflict-of-interest cases
identified by the Anti-Corruption Agency prompted legislators to clarify the
relevant provisions and introduce additional control mechanisms, thereby
increasing the law’s practical effectiveness.
Public reaction also influences the substantive content of draft legislation.
For example, the draft “On the Status of a Pedagogical Employee” was
transformed into the Law “On the Status of a Teacher” after citizens’ comments
were incorporated. Nevertheless, public discussions revealed a low “expectation
index” among teachers, linked to the limited “social package.” This demonstrates
that formal RIA procedures, without consideration of the real needs of regulated
subjects, fail to ensure the desired effectiveness.
The limitations of current mechanisms are also evident in the case of secondary
legislation in the environmental sphere. Cabinet of Ministers’ decrees on
environmental monitoring and renewable-energy development (2017–2019)
covered only a limited number of cities and failed to achieve a noticeable
reduction in air pollution. Reactions from bloggers and social-media users
highlighted the dependence of implementation on individual initiative and
bureaucratic workload of officials. These observations prompted the drafting of a
new Law on the Protection of Atmospheric Air, confirming that the deficiencies
of legal norms are identified primarily through civic feedback.
From these facts, a systemic trend becomes apparent: the formal RIA procedure
−
focused on calculating economic and social consequences
−
proves insufficient
in national practice. The effectiveness of legislation directly depends on public
and expert oversight. Social media and citizen reactions serve as indicators of
249
Primov, O.M. (2023)
Zarubezhnyy opyt reglamentatsii konflikta interesov kako mera
protivodeystviya korruptsii
, In: Vestnik Yurista, 1(3).
112
law-enforcement performance, revealing corruption risks, disproportionate
sanctions, and weak regulatory impact. At the same time, the limited mechanisms
for public consultation and discussion of draft legislation are exacerbated by
deeper problems of legal policy itself.
First, certain laws undermine the constitutional foundations of the inviolability of
private property. For example, the Law
“On Amendments and Additions to
Certain Legislative Acts… in Connection with the Improvement of Land
Legislation”
granted
khokims
(regional governors) the authority to establish a
public servitude without the consent of the owner, effectively restricting the right
of land ownership.
Second, new legal provisions have disrupted the principle of equality among
business entities. For instance, under the Law
“On Amendments and Additions…
Concerning Tax and Budget Policy for 2024”
, mining companies received rent
tax exemptions — a measure contradicting the principles of fair taxation and
placing other taxpayers at a disadvantage.
Moreover, according to a number of legal experts, the excessive number of laws
and by-laws
−
many of which are of poor quality and overloaded with technical
details
−
complicates their practical application. The absence of a conceptual
approach to lawmaking leads to the formalization of initiatives lacking practical
implementation. Additional challenges arise from the fact that a significant
portion of by-laws are drafted in the Latin alphabet, which hinders their use in
engineering and technical practice.
The analysis of the practical implementation of legislation in Uzbekistan
demonstrates that a superficial RIA approach reduces the effectiveness of legal
norms and increases the risks of corruption, legal nihilism, and poor achievement
of social objectives. It is often overlooked that the real effectiveness of legislation
is possible only when there are institutional mechanisms of feedback and
systematic consideration of the opinions of citizens, public organizations, and
relevant specialists.
An established mechanism of civic and media feedback thus serves as an essential
instrument for identifying hidden problems, correcting normative acts, and
shaping a legal environment consistent with citizens’ expectations and
international standards. It provides a living link between governmental initiatives
and the real needs of society, enhancing the validity and precision of adopted
decisions.
113
However, the participation of professional associations, researchers, and
practitioners in these processes remains limited. Low expert involvement reduces
the objectivity of analysis, which ultimately has a negative effect on the quality
of legislative decisions. According to the
OECD Public Governance Reviews
(2024)
, public authorities should take into account alternative expert
assessments and independent analytical conclusions.
It should be noted that the effective implementation of legal policy is possible
only in the presence of a well-developed legal science capable not only of
explaining legal phenomena but also of forecasting the trajectories of social
development. As is well known, scientifically grounded forecasting serves as the
intellectual foundation of strategies for the modernization of state institutions,
making it possible to take into account both national specificities and global
trends. The absence of such a forecasting function renders reforms situational in
nature and lawmaking fragmented and susceptible to short-term political
contingencies.
The drafting of the new edition of the Constitution of the Republic of Uzbekistan
became a specific indicator of the state of domestic legal scholarship. This
process exposed serious systemic deficiencies in the training of academic
personnel and in the organization of legal research.
Insufficient competence among certain representatives of the scholarly
community manifested itself in a lack of skills in systemic analysis, strategic
thinking, and the capacity for a holistic understanding of the constitutional
process. All of this pointed to the need for profound renewal of the national legal
school and a reconsideration of approaches to legal education.
The weakness of the research base has also been reflected in the quality of
legislation. A significant number of acts adopted in recent years—particularly in
the fields of the digital economy and business regulation—have proven to be
declarative in nature, with vague or underdeveloped implementation
mechanisms. Their application has required subsequent clarification through
subordinate legislation, thereby undermining the predictability and coherence of
legal regulation.
250
OECD
(2024)
Public
Governance
Reviews:
Uzbekistan
.
Available
at:
https://www.oecd.org/content/dam/oecd/en/publications/reports/2024/11/oecd-public-governance-
reviews-uzbekistan_65bf7710/2f36d8ec-en.pdf
114
The problem is further exacerbated by the inadequate level of training of early-
career researchers. The low quality of many dissertations, the limited scope of
methodological tools employed, and the predominance of a compilative approach
impede the formation of new research directions and the development of
scholarly schools. Many studies remain theoretically superficial and empirically
unsubstantiated, and therefore of limited practical value. The absence of
methodological culture and analytical depth prevents the identification of
regularities in legal reality and the forecasting of the consequences of adopted
decisions.
It may be concluded that contemporary legal scholarship is experiencing a
systemic crisis of research approaches, manifested in the dominance of secondary
interpretations, the preservation of outdated methodological paradigms, and a
weak orientation toward the actual needs of social development and law-
enforcement practice. Such a state of academic knowledge not only diminishes
its applied value but also constrains the overall potential for legal modernization.
Under these conditions, an objective need has arisen for a profound and systemic
transformation of both the scientific and educational spheres. Taking into account
the totality of these circumstances, the Head of State adopted Presidential Decree
No. PF-232 of 26 November 2025 “On Measures for the Further Reform of Legal
Education and Science in the Republic of Uzbekistan.”
Overcoming the identified problems requires not fragmented but comprehensive
and structurally coherent reforms. First and foremost, this entails a revision of the
organizational and legal foundations of postgraduate education, the existing
system of training and certification of academic personnel, as well as the
procedures for awarding academic degrees and titles.
Of fundamental importance is the introduction of a state commissioning
mechanism for priority areas of legal research, ensuring the concentration of
intellectual, financial, and institutional resources on strategically significant
issues of state and societal development.
Equally significant are institutional transformations in the governance of legal
science, including the establishment of expert councils under parliament and key
ministries, deeper integration of research centers with public authorities, and the
development of applied analytical platforms aimed at supporting lawmaking and
law-enforcement activities, given that the quality of the legislative process
directly depends on the level of scholarly support.
115
The absence of well-developed solutions in the field of legislative drafting
techniques, underdeveloped mechanisms of expert review of draft laws, and
insufficient scientific substantiation of norm-making generate regulatory
uncertainty in social relations. Despite the quantitative growth of academic
personnel
, the influence of the scholarly community on legislative activity
remains limited. Legislation continues to abound in declarative norms requiring
further specification in subordinate legal acts, which ultimately reduces the level
of legal certainty.
The underdevelopment of interaction between research institutions and state
structures aggravates the problems of policy implementation. Meanwhile,
international experience and studies conducted by the World Bank
that active cooperation between government bodies and the scientific community
significantly enhances the quality of legislative initiatives and their practical
effectiveness.
In this regard, the reform of administrative legislation in Uzbekistan in 2023
serves as a telling example: the involvement of independent experts made it
possible to eliminate normative gaps and increase procedural transparency.
Thus, the institutionalization of cooperation between the state, the academic
community, and professional organizations becomes a key condition for
enhancing the effectiveness of law enforcement and strengthening public trust in
the law. In a dynamically developing society, legal policy cannot remain
sustainable without constant scientific support and expert oversight. For this
reason, public and scholarly feedback should be regarded not as a formal
component of democratic procedure but as an active mechanism for the formation
and evolution of legislation.
In order for such feedback to truly serve as an instrument for improving the legal
system, it is necessary to move beyond merely collecting the opinions of citizens
and specialists. Stable, normatively consolidated channels must be established for
the participation of academic and expert institutions in governance and
lawmaking processes. The scientific substantiation of adopted decisions not only
improves their quality but also ensures the predictability of state policy and the
coherence between reform objectives and real social needs.
251
In 2017–2023, 312 PhD degrees and 111 DSc degrees were awarded across all branches of law.
252
World Bank (2023)
Uzbekistan: Strengthening Research and Policy Engagement
. Washington, D.C.
Available at: https://openknowledge.worldbank.org
116
Consequently, the matter is not about the formal expansion of civic and academic
participation, but about the creation of institutionally guaranteed procedures that
ensure accountability and transparency in the activities of public authorities. In
practice, this implies the introduction of mandatory preliminary public
consultations on draft normative legal acts affecting citizens’ rights and freedoms,
with a minimum discussion period of 20–30 days. An essential element is the
publication of explanatory notes and the results of regulatory impact assessments
(RIA), covering legal, social, and economic consequences of the proposed
measures.
The proposed measures are harmoniously aligned with the existing
Law on
Normative Legal Acts
, presidential decrees on RIA, and OECD principles of
regulatory quality, thereby ensuring a systemic, transparent, and consistent
engagement of all stakeholders while increasing the depth of expertise and the
substantiation of adopted decisions.
Equally important is the establishment of permanent expert platforms based at
leading universities and research centers, vested with the authority to prepare
alternative opinions, comparative legal analyses, and distributed impact
assessments. Initiating agencies should publish a “proposal tracking table”
indicating which suggestions have been accepted, partially accepted, or rejected,
along with the reasoning for such decisions. This practice formalizes feedback
and enhances confidence in the legislative process.
Within the framework of the E-Government system, a dedicated module should
be introduced for independent evaluation of draft laws, featuring open participant
registration, version control, an API for submitting comments, automated
reporting on stakeholder coverage, consultation durations, and the proportion of
incorporated proposals. Simultaneously, legal clinics at universities
−
linked with
NGOs and public councils
−
should be developed for practice-oriented evaluation
of draft acts and of the effects of already enacted laws.
The institutionalization of
ex post
assessment (Post-Implementation Review, PIR)
presupposes the mandatory publication of a public report on actual outcomes
within 12–36 months, comparing objectives with results, enforcement data, and
findings of independent expertise. PIR outcomes should automatically trigger
amendments to normative acts and, when necessary, budgetary or organizational
adjustments, ensuring the adaptation of legislation to practical realities.
117
In this context, the procedure of deliberative participation
−
public hearings,
expert panels, and civic forums
−
acquires special significance, particularly in the
implementation of major reforms. According to the theory of deliberative
democracy, the legitimacy of norms is determined by rational and inclusive
procedures of public discussion rather than by formal voting alone.
However, the mere existence of participatory procedures does not guarantee their
effectiveness. In order for them to truly influence the quality of legislation, it is
essential to systematically evaluate the efficiency of these procedures and their
actual impact on decision-making.
The effectiveness of participation is assessed using specific quality and public
accountability metrics: the proportion of projects that underwent full consultation
and RIA; the median duration of consultations; the proportion of proposals taken
into account or rejected with justification; the coverage of key stakeholders; the
proportion of acts that completed the PIR on time; and changes in enforcement
indicators and recipient satisfaction. Annual summary reports are reviewed by the
parliamentary committee on legislation, with mandatory recommendations for
revision, ensuring a systematic improvement in the quality of rulemaking and
sustainable improvement in law enforcement practices.
The implementation of the initiated architecture results in the full participation of
civil society and academia in lawmaking, moving from a monologue by the
authorities to a genuine dialogue. This simultaneously strengthens the legitimacy
and quality of decisions, setting a long-term trajectory for building a rule-of-law
state, where the balance of interests between the authorities and society is ensured
through institutional guarantees of participation, feedback, and expert review.
Although individual elements of the model are familiar to international practice—
preliminary public consultations, expert platforms, electronic tools for
independent evaluation of draft laws, and subsequent (ex post) evaluation—the
proposed integrated system is distinguished by its comprehensiveness, systemic
feedback, and institutional formalization, transforming the participation of
citizens and the scientific community into a truly influential mechanism, rather
than leaving it formal or symbolic.
253
Habermas, J. (1996)
Between Facts and Norms: Contributions to a Discourse Theory of Law and
Democracy
. Cambridge, MA: MIT Press.
118
CHAPTER V. Contemporary Challenges and the Transformation
of Legal Policy
§ 1. Global and National Risks of Legal Regulation
The modern legislative process increasingly encounters the phenomenon of
normative oversaturation, in which the quantitative growth of legal acts outpaces
their internal coherence and consistency, leading to the fragmentation of the legal
space. This problem becomes particularly acute in the context of digital
transformation: regulatory gaps are often filled not by state institutions, but by
private technocratic entities — ranging from algorithmic systems that lack public
transparency to digital platforms that set behavioral standards without a
legitimate state mandate.
A legal policy that fails to take these circumstances into account risks becoming
either a reactive mechanism or a symbolic imitation of reform. As V. V. Lapaeva
rightly notes, the key criterion of modern legal policy is not its declarative
adherence to the principles of the rule of law, but its capacity to ensure normative
stability while maintaining adaptability.
Sativaldiev, who argues that the viability of legal systems is determined not only
by their internal logic, but also by their “cultural receptivity,” that is, the degree
to which legal norms are integrated into the actual behavioral patterns of
society.
Comparative analysis of international practice shows that countries which have
succeeded in transforming legal policy into a scientifically grounded,
comprehensive, and strategically oriented system have achieved greater resilience
when facing contemporary challenges. For example, in Finland, forecasting and
analytical centers are systematically integrated into the lawmaking process, and
the Regulatory Impact Assessment (RIA) is conducted not as a formal procedure,
but with consideration of behavioral economics, social risks, and legal culture.
In South Korea, the active participation of citizens in drafting legal acts through
state-supported digital platforms have significantly increased public trust in the
legal system, even amid rapid reform.
254
Lapaeva, V.V. (2019)
Legal Policy: A Theoretical Analysis
. Moscow: Norma.
255
Sativaldiev, R.Sh. (2013)
Legal Policy as a General Theoretical Category: Analysis of Conceptual
Approaches
, In: Bulletin of the Tajik National University. Humanities Series, 108(3/2).
256
European Commission (2019)
Legislative Reform in Transition Economies
. Brussels.
257
OECD (2017)
Regulatory Policy in Korea: Toward Better Regulation. OECD Reviews of Regulatory
Reform
. Paris: OECD Publishing.
119
Against this backdrop, the problem of legal fragmentation has gained special
relevance — a situation in which different branches of legislation develop
inconsistently, and the logic of “reform for the sake of reform” often outpaces the
creation of a stable law enforcement base. Such conditions result in duplication
of functions among government bodies, delays in coordination procedures, and a
decline in the overall quality of legal decisions.
International organizations, including the UNDP, have repeatedly emphasized the
need for a systemic response to these challenges.
highlight that despite notable progress in reforming national legal systems; weak
interagency coordination continues to limit the effectiveness of both legislative
drafting and implementation. According to OECD conclusions, the legislative
cycle requires not only technical improvement but also the establishment of
effective mechanisms of interagency cooperation and post-legislative review.
Similar concerns are reflected in sociological research conducted by the
Ijtimoiy
Fikr
Center, which reports a high level of public anxiety regarding the coherence
and quality of governmental coordination.
The issues of inertia in legal policy and the lack of scientific verification in
lawmaking have long been the focus of scholarly debate within Uzbekistan’s legal
community. Kh.S. Khayitov, for instance, emphasizes the need to institutionalize
scientific expertise in the process of adopting normative decisions.
analysis of parliamentary committee activity shows that the involvement of
independent legal scholarship remains fragmented. Within the framework of
large-scale reforms proclaimed under the
Uzbekistan – 2030
strategy, this
situation heightens the risks of unpredictable legal consequences, regulatory
traps, and erosion of trust in the reform process itself.
Under these conditions, the strategic paradigm of legal policy must be
reconsidered. It requires a transition:
−
from normative reactivity to project-based normativity;
−
from a monocentric model of lawmaking to a network model grounded in
the institutionalized participation of expert and civil communities;
258
United Nations Development Programme (UNDP) (2023)
Legal Needs Assessment and Rule of Law
Monitoring in Uzbekistan
. Tashkent.
259
OECD (2024)
Public Governance Review: Uzbekistan
. Paris: OECD Publishing.
260
Center for Public Opinion Research "Ijtimoiy Fikr" (2023)
Human Rights and Freedoms:
Assessments, Opinions, and Attitudes
. Tashkent.
261
Khayitov, Kh.S. (2018)
Organizational and Legal Foundations for Conducting Expertise in Law
Making
. Abstract of Doctoral Dissertation in Law. Tashkent.
120
−
from quantitative expansion of regulation to qualitative normative
minimalism, emphasizing clarity, predictability, and proportionality.
Implementing this comprehensive approach is only possible with institutionalized
mechanisms for integrating expert assessment, public participation, and systemic
oversight at all stages of the regulatory lifecycle. Only in this form will project-
based regulations and the networked lawmaking model cease to be declarative,
becoming an effective tool for strengthening the rule of law, enhancing the legal
stability of the state, and building public trust in institutions within the framework
of the «Uzbekistan 2030» strategy.
§ 2. Constitutional Reforms and the Adaptability of Legal Policy
The transformation of the system of public administration has necessitated a shift
toward more complex models of regulatory interaction, based on the principles
of adaptability, predictivity, and systemic coherence of decisions. The ongoing
administrative reforms demonstrate a gradual shift of focus from departmental
insularity and procedural formalism toward a human-centered model of
regulation oriented towards improving the quality of life and strengthening public
trust in state institutions. However, the absence of institutionally enshrined
mechanisms of feedback, dynamic adjustment of normative acts, and digital
integration of regulatory processes maintains a persistent imbalance between the
declared goals and the actual results of public policy. Under these conditions, law
often loses its function as a living regulator of social relations, turning instead
into a declarative instrument insufficiently sensitive to social change and public
demand.
In this context, the adaptability of the legal system should be understood as a
reflexive process that involves continuous monitoring of digital and
organizational changes, accounting for new forms of social mobility, and
developing the concept of digital citizenship.
presupposes the system’s ability not only to respond to challenges but also to
anticipate them. This, in turn, requires institutional coordination and the
integration of analytical and forecasting tools.
262
Zivil, K. (2018)
Law and Society: Transformation of the Legal System under Digital Change
. Berlin:
Springer, pp. 45–47.
121
The lack of coherence among these mechanisms reduces the potential of
predictive regulation — the ability to foresee the consequences of normative
decisions and to assess their impact on social, economic, and legal processes. The
absence of such tools, conversely, increases the risk of the legal system’s archaism
and undermines its resilience under conditions of dynamic transformation.
Digitalization in this regard becomes both a condition of adaptability and a source
of new challenges for legal policy. The use of digital instruments opens new
opportunities for predictive regulation and testing of normative innovations.
However, such integration must not follow the logic of mechanical borrowing of
foreign experience but rather develop within an institutional model grounded in
constitutional principles and national specificity. As noted by A. A. Mishin and
R. Susskind, the key challenge lies in combining digital flexibility with legal
stability and maintaining systemic benchmarks for development.
Based on these principles, an institutional–digital model for assessing the quality
of legislation and public services has been formed. Its central element is the
SOVAZ system, which provides legal expertise of normative acts, forecasts
socio-economic impacts, and minimizes bureaucratic barriers.
expertise and monitoring are implemented through digital platforms, including
project.gov.uz
and the Unified Portal of Interactive Public Services (
My.gov.uz
),
integrated with the OneID identification system.
The practical use of these tools reveals systemic limitations associated with the
dependence of digital platforms on a coherent application strategy, data
processing quality, and monitoring results into the law-making process. The
absence of a holistic approach leads to fragmented innovation and reduces the
legal system’s ability to adapt and regulate predictably.
At the same time, digital transformation creates opportunities for increasing
institutional flexibility and expanding the predictive potential of legal policy. To
realize these opportunities, formalized feedback procedures, improved analytical
instruments, and coordination of state, business, and civil interests are necessary.
A logical continuation of digitalization is the expansion of feedback mechanisms
between citizens and the state. Systems such as
Mening Fikrım
, the Virtual
263
Mishin, A.A. (2022)
Digital Turn and Regulatory Governance: Challenges and Prospects
. Moscow:
HSE University, pp. 102–108; Susskind, R. (2020)
The Future of the Professions: How Technology Will
Transform the Work of Human Experts
. Oxford: Oxford University Press, pp. 78–82.
264
Project.gov.uz – Digital platform for assessing normative acts and public services.
122
Receptions of the President and Prime Minister, as well as specialized digital
discussion platforms, ensure legal inclusivity and public participation in law-
making processes. Alongside them, the
Open Data Portal
(data.gov.uz) provides
transparency and free access to statistical and analytical information, allowing
feedback results to be integrated into the formulation of normative decisions and
thereby enhancing the predictive capacity of the legal system.
Thus, the formation of a unified digital space demonstrates a transition from the
traditional bureaucratic model to an institutional–digital system, in which
digitalization and legal policy function as mutually reinforcing components. Yet,
as M. Krasnov warns, digital law without a normative center in the form of the
Constitution risks turning into a tool of algorithmic dominance, subordinating
individual rights to automated procedures.
Hence, a key aspect of adaptive
legal policy becomes the
normative and legal audit
of digital solutions —
ensuring their compliance with fundamental rights, transparency of algorithms,
and the possibility of appealing automated decisions.
These issues are particularly significant in the fields of personal data protection,
cybersecurity, and intellectual property, where the pace of technological change
requires flexible and transparent legal instruments. In 2023–2024, Uzbekistan
actively cooperated with international experts of the Council of Europe within the
framework of the project
“Support to Digital Governance and Human Rights”
,
which led to the introduction of DPIA (Data Protection Impact Assessment)
procedures and updated recommendations on personal data protection.
The experience of these reforms shows that the adaptability of the legal system
cannot be reduced to technical or procedural measures. The key challenge lies in
finding a balance between innovation and constitutionality.
Digital technologies accelerate public administration but simultaneously create
risks for citizens’ rights. To ensure the sustainability of legal policy, procedures
of preliminary expertise and subsequent monitoring are required, including the
evaluation of normative acts based on criteria of effectiveness, legitimacy,
compliance with international standards, and public perception — reflecting the
principle of reflexive law.
265
Krasnov, M. (2021)
Digital Law and Human Rights: Risks of Algorithmic Regulation
. Moscow:
Yurlitinform, pp. 55–60.
266
Council of Europe Project (2023-2024)
"Support to Digital Governance and Human Rights in
Uzbekistan."
Strasbourg–Tashkent.
123
A crucial element of this principle is active public participation. The perception
of digitalization and citizens’ involvement in improving public services are key
factors in ensuring social stability and public trust in the legal system.
International and ago, studies of recent years record the growing sensitivity of the
population to the quality of digital services and its demand for transparency and
independent control. The World Bank’s program
Listening to the Citizens of
Uzbekistan
demonstrates an increasing number of users of digital communication
channels with the state and a rising demand for platform usability and meaningful
feedback.
These trends are confirmed by national surveys as well.
Within the national legal system, there has been progress in institutionalizing
expert and civic participation. The platform regulation.gov.uz, integrated into the
system of Regulatory Impact Assessment (RIA) of normative legal acts, enables
citizens and experts to submit proposals and participate in discussions,
demonstrating a transition toward a horizontal model of law-making.
According to the State Program, 1,310 proposals and comments were submitted
through the platform, resulting in the adjustment of 41 provisions.
to OECD, more than 26,000 documents are published on the platform, including
draft normative acts and materials for public discussion.
UNDP reports
complement this picture by documenting civic involvement in
law-making processes — from e-information and e-consultations to e-decision-
making. These mechanisms strengthen the connection between state and society,
serving as key instruments for legitimizing digital reforms. This trend can be
viewed as part of the broader transformation of law-making toward the principle
of legal dialogue.
At the same time, the institutionalization of participation through digital
mechanisms produces mixed effects. On one hand, the expansion of actors
involved in law-making increases the system’s adaptability; on the other hand, it
introduces risks of legal fragmentation, substitution of public interests with
267
World Bank (2024)
Listening to the Citizens of Uzbekistan (L2CU) Survey
. Washington, D.C.
268
UN Public Administration OGP Case (2017)
Public Participation in Discussion of State Program
Projects via Legislative Impact Assessment System
. UN Case Details Public.
269
OECD (2024)
Public Governance Review: Uzbekistan
. Paris: OECD Publishing.
270
UNDP (2023)
E-Government and Digital Participation in Uzbekistan
. New York: United Nations
Development Programme.
271
Sassen, S. (2006)
Territory, Authority, Rights: From Medieval Assemblages to Global Assemblages
.
Cambridge, MA: Harvard University Press; Habermas, J. (1996)
Between Facts and Norms:
Contributions to a iscourse Theory of Law and Democracy
. Cambridge, MA: MIT Press.
124
corporate ones, and weakening of policy stability in the absence of robust filters
for initiatives.
Nevertheless, citizens increasingly perceive digital instruments as channels of
real influence. Thousands of proposals submitted through
regulation.gov.uz
are
considered in the refinement of normative acts, indicating the emergence of a new
legal culture of participation, though its institutional stability remains uncertain.
The observed positive dynamics of trust do not yet signify complete digital
inclusion. International indices show that the current level remains limited.
According to the
UN E-Participation Index (2024)
, Uzbekistan ranks 53rd out of
193 countries, with a score of 0.6986.
At the same time, a UNDP study reveals
structural inequality: 64% of men and 47% of women use the internet to access
public services, yet less than half of respondents participate in online
consultations.
This points to access barriers and the need for a targeted policy
to promote digital literacy.
Sociological studies reveal a gap between formal opportunities and real public
expectations. According to the
Ijtimoiy Fikr
Center for Public Opinion Research,
most respondents positively evaluate digital services in the context of protecting
rights and freedoms, but only about one-third believe that their proposals are
actually taken into account in decision-making.
Thus, even with relatively high international rankings, the risk of simulated civic
participation persists, leading to declining institutional trust. Hence, the key task
is to institutionalize digital mechanisms as a genuine — rather than declarative
— tool for citizen engagement in governance. This is possible only through
targeted legal engineering capable of maintaining a balance between innovation
and stability, legislative speed and quality, digital potential and the protection of
constitutional rights.
In this context, legal testing of innovative products and services within a limited
timeframe and under incomplete regulatory frameworks gains significance.
Such mechanisms simultaneously reduce legal and regulatory risks, test the
viability of legal innovations, and build public trust in digital reforms. This
272
UN E-Government Survey 2024: Digital Government in the Decade of Action for Sustainable
Development
. New York: United Nations Publishing.
273
UNDP (2022)
Gender Digital Divide in Central Asia: Uzbekistan Country Brief
. New York: UNDP
Publishing.
274
Center for Public Opinion Research "Ijtimoiy Fikr" (2023)
Human Rights and Freedoms:
Assessments, Opinions and Attitudes
. Tashkent.
275
OECD (2025)
Regulatory Sandbox Toolkit
. Paris: OECD Publishing.
125
approach prevents premature regulation, creates an evidence base for targeted
legal initiatives — including the development of a
Law on the Digital Economy
— and fosters a sustainable innovation ecosystem.
The use of
regulatory sandboxes
also stimulates the development of startups,
attracts investment, and enhances the competitiveness of the national legal
system. Transparency and reproducibility of these processes strengthen trust
among the state, business, and society, ensuring predictability and legitimacy of
the regulatory environment.
Nevertheless, the question of permissible flexibility of law remains open: to what
extent can the legal system adapt to new digital realities while maintaining formal
clarity and legal identity? As E. A. Gutnik aptly notes, “the digital legal order
requires a humanistic re-evaluation”,
which necessitates accounting not only
for technological possibilities but also for the value foundations of law.
Under these conditions, legal policy must combine institutional design, scientific
justification, and normative balance while preserving legitimacy and preventing
the substitution of law by algorithms. The central dilemma of modernity lies in
reconciling flexibility with predictability: new technologies should reinforce,
rather than erode, legal identity — grounded in humanistic and democratic values.
§ 3. Forecasting Legal Policy in the Context of Digital Transformation
Forecasting in legal policy represents a strategically significant area of
jurisprudence, especially for states undergoing institutional transformation.
Under the conditions of active modernization of the national legal system —
driven by internal reforms and global challenges — the development of politico-
legal scenarios becomes essential to ensuring institutional stability and
adaptability. It should be emphasized that legal analytics is not limited to a
mechanical extrapolation of current trends; rather, it presupposes a
comprehensive analysis of institutional potential, an assessment of fragmentation
risks, and the identification of opportunities for integrating new governance
practices. Such an approach functions as a tool of strategic management, shaping
the
long-term
trajectory
of
state
and
legal
development.
According to N. Luhmann and L. Friedman, its effectiveness depends on the level
276
Gutnik, E.A. (2023)
Digital State and the Transformation of Law-Making
,
In: Moscow University
Law Bulletin, 1.
126
of normative regulation, the degree of institutional openness, the system’s
readiness for innovation, and the quality of social dialogue.
factors inevitably leads to the formalization of reforms and diminishes their
practical relevance, especially, critical issues for countries with transitional
economies and legally strained institutional systems.
From a methodological standpoint, forecasting integrates several approaches: the
pragmatic (focusing on institutional efficiency and manageability), the
axiological (prioritizing justice and the protection of human rights), and the
adaptive-institution (aimed at harmonizing law and social structures).
tension among these approaches — pragmatic, value-based, and adaptive-
institutional — reflects the systemic contradiction between the demands of
efficiency and social justice that ultimately determines the strategic orientation of
national legal policy. In domestic academic discourse, interest in scenario
methodology as an instrument of legal diagnostics and forecasting has emerged
relatively recently.
This tendency is explained by the objective need for institutional reorientation:
from fragmented, tactical law-making toward strategic governance through law,
where forecasting serves as the link between ongoing reforms and long-term state
planning.
In this context, scenario-based interpretation of the evolution of the
legal system acquires particular significance. It allows for the systematization of
diverse institutional transformations, the identification of regularities of change,
and the anticipation of the consequences of adopted decisions.
This is particularly relevant for Uzbekistan, where modernization-oriented and
value-innovation approaches coexist. Conservative mechanisms, characteristic of
the inertial scenario, persist only partially, manifesting in certain administrative
and bureaucratic practices.
As a result, the Republic appears to be forming a
controlled modernization scenario, oriented toward institutional strengthening
and the harmonization of law with societal needs.
277
Luhmann, N. (2011)
Sociology of Law
. Moscow: Academic Project; Friedman, L.
(1996)
Introduction to the Sociology of Law
. Moscow: Progress.
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https://www.prlib.ru/item/439572.
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Tulteev, I.T. (2021)
Law-Making Forecasting: Theory, Methodology, Practice
. Tashkent;
Akhmedshaeva, M. and Saidullaev, Sh. (2017)
Regulation of Forecasting and Planning of Law-Making
in the Republic of Uzbekistan
,
In: Review of Legislation of Uzbekistan, 4, pp. 8–12.
280
Lomteva, V.S. (2006)
Forecasting in Law-Making and Law Enforcement
. Moscow; Chernyshev,
S.A. (2021)
Legal System: Dynamics and Stability
. St Petersburg: Legal Center.
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The Concept of the Political
. New Brunswick: Rutgers University Press.
127
The choice of this model is conditioned by several factors: systemic
modernization of the legal system with consideration of economic and digital
institutions; strategic planning through law to mitigate fragmentation risks; and
attention to value orientations, including the protection of human rights and
ethical alignment of norms. This combination ensures a balance between
efficiency, adaptability, and normative justice.
A comparative analysis of other transitional legal systems confirms the validity
of this approach. In Kazakhstan, for instance, attempts to modernize individual
institutions remain fragmented and fail to integrate into a comprehensive strategic
framework.
In contrast, Uzbekistan is implementing an integrated approach to
legal policy, combining institutional reform with value orientation thereby
reducing stagnation risks and reinforcing the long-term legitimacy of its legal
system.
Countries adhering to inertial scenarios often face fragmented legislation, weak
coordination among branches of power, limited institutional accountability, and
low civil-society engagement in law-making. This model is typical of states with
high politico-legal centralization, where norms acquire a declarative nature and
regulation lags behind social needs.
Russian scholars M.A. Krasnov and A.V. Polyakov note that inertial models are
characteristic of legal systems lacking a culture of politico-legal reflection and
mechanisms of juridical self-control.
Their conclusion highlights that in such
conditions, normativism replaces genuine legal goal setting, transforming law
into an instrument of formal gap-filling rather than strategic governance.
In national practice, manifestations of this model were observed through
normative inflation, duplication of functions of various bodies, and inconsistency
between the institutions of lawmaking and law enforcement.
The absence of a systemic approach to legislation, particularly, the lack of ex ante
and ex post analysis in the 2000s led to an overproduction of normative acts
unbound by a unified legal-policy concept. Consequently, public trust in law
declined, its application became more complex, and a condition of legal
hypertrophy emerged, wherein quantitative growth in legislation was not
282
World Bank (2023)
Country Governance Profile: Uzbekistan
. Washington DC.
283
OECD (2024)
Public Governance Review of Kazakhstan
. Paris: OECD Publishing.
284
Krasnov, M.A. and Polyakov, A.V. (2020)
Law-Making Policy: Problems of Methodology and Legal
Forecasting
,
In: State and Law, 9, pp. 15–26.
128
accompanied by qualitative improvement or administrative capacity. Law became
fragmented, and systematic codification mechanisms—apart from criminal and
tax law—were practically unused, deepening redundancy and legal uncertainty.
Such circumstances nurtured institutional inertia, with law functioning as a
formal regulatory tool rather than as a mechanism for balancing interests or
addressing public demand.
As M. Elshov rightly observed, under such inertia, law primarily acts as a
regulatory instrument of the executive branch, losing its role as a mechanism of
balance and reflection of societal needs.
Bureaucratic dominance in law-
making prioritizes institutional controllability over principles of justice and
predictability.
The tendency toward a quantitative increase in normative acts while weakening
public-consultation procedures naturally reduces the legitimacy of legal
decisions. For instance, in March 2022, the mandatory publication rule for public
consultation on the portal
regulation.gov.uz
was relaxed: only draft acts of
“significant economic or socio-political relevance” required open discussion.
This selective approach limited systematic feedback from citizens and experts,
diminishing decision-making quality and eroding institutional trust.
The emerging problem is also reflected in legislative activity statistics: the high
intensity of processes is combined with limited opportunities for public oversight
and participation. Thus, as of the end of September 2022, 15,292 draft regulations
and 88 draft laws were posted on the Regulation.gov.uz platform. Many of these
received comments with proposed amendments.
For example, proposals on the need for a more precise definition of the concepts
of "social problem" and "social support" were received in response to the draft
law "On Social Work," as well as proposals for the draft Entrepreneurial Code,
the draft Law of the Republic of Uzbekistan "On Amendments and Additions to
the Customs Code of the Republic of Uzbekistan," the draft laws "On
Sponsorship," "On Amendments and Additions to the Criminal Code and the
Code of Administrative Responsibility of the Republic of Uzbekistan," and
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Presidential Decree No. PP-2018/2022 “
On Organizational Measures for Improving the Activity of
the Ministry of Justice of the Republic of Uzbekistan.”
.
129
others.
However, a significant portion of these proposals were not accompanied
by final conclusions based on public consultations.
This fact demonstrates the formalization of feedback and the limited mechanisms
for institutionalized public participation in lawmaking, which reduces the
functional effectiveness of consultation procedures. This becomes especially
evident when compared with international practice, where an inertial approach
reveals systemic deficiencies.
Comparison with international practice highlights institutional deficiencies in the
inertial model. In South Korea, the Legal Reform Commission unites academia,
civil society, and public authorities, coordinating draft preparation and mandating
publication of consultation outcomes.
consultations are embedded in impact assessment frameworks that account for
legal, socio-economic, and ethical implications of proposed norms.
obligatory publication of final reports enhances transparency and legitimacy,
minimizing the risk of ignoring public or expert input.
Consequently, the conservative scenario, while ensuring predictability and
institutional inertia, is fraught with the risks of regulatory overload, loss of public
trust in the legal system, and bureaucratization of lawmaking. Its reproduction
limits the state's modernization potential and transforms law into an instrument
of technical administration rather than a universal social regulator.
The scholarly critique of the conservative model may draw on A.V. Polyakov’s
concepts of archaism and de-archaism in society.
outdated institutional remnants and assess their impact on legal-system efficiency.
Polyakov’s approach offers a framework for objectively evaluating normative
inertia and defining strategic trajectories for national legal policy that balance
institutional efficiency and social justice.
The persistence of archaic administrative templates disguised as formal reforms
impedes the emergence of genuine constitutionalism and risks a crisis of
legitimacy and the rise of legal nihilism at the international level. Institutional
inertia thus becomes a key factor limiting both effectiveness and adaptability of
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. European Parliamentary
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the legal system. According to the World Justice Project’s
Rule of Law Index
(2024)
, countries with weak legal institutions exhibit slower socio-economic
growth and heightened social apathy.
For transformational states such as Uzbekistan, it is therefore critical to define a
developmental model that minimizes institutional risks, strengthens legal
viability of public policy, and ensures strategic governance of reforms.
Transitioning from an inertial to a controlled modernization model—where
digitalization, procedural openness, and expert support serve as instruments of
strategic legal development—appears essential for sustainable progress.
The proposed model aligns with the concept of “managed legal development” by
T.Y. Khabrieva and L.I. Bachilo
, emphasizing feedback mechanisms,
institutionalized monitoring, and ex ante/ex post impact assessments.
Implementation of these procedures in Uzbekistan’s legislative practice enhances
transparency, predictability, and coherence of reforms, reducing fragmentation
and fostering public trust.
The procedures for assessing normative acts are established by
Presidential
Decree No. UP-111 (August 16, 2024) “On Measures to Ensure Stability, es
Quality and Effectiveness of Legal Regulation of Public Relations”
. It introduces
simplified and extended assessment regimes based on socio-economic and
environmental impacts. This instrument institutionalizes legal evaluation and
integrates analytical results into law-correction processes, an important indicator
of modernization efficiency.
Furthermore,
Presidential Decree No. UP-80 (May 24, 2024) “On Measures to
Improve Legal Literacy and Broaden Citizen and Expert Participation”
aims to
strengthen legal culture and public involvement. Without parallel development of
human and expert potential, however, digitalization and institutional procedures
risk remaining formal, failing to enhance legislative quality and system
sustainability.
To ensure transparent feedback among the state, experts, and society and to
minimize regulatory redundancy international practice increasingly relies on
digital platforms for law-making and regulatory evaluation. Their implementation
291
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Justice
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(2024)
Rule
of
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Available
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creates real-time mechanisms for adjusting legislative processes and enhancing
public trust.
The establishment of the Agency for Strategic Reforms under the President and
the Institute for Analysis and Assessment of Regulatory Impact of Legislation
under the Ministry of Justice represents a pivotal institutional reform. These
bodies go beyond formal monitoring: they provide expert support for legislative
processes, promote transparency, and employ modern methodologies of legal
evaluation. Together they form integral elements of the controlled modernization
scenario, integrating expert support, digitalization, and openness into a unified
model of sustainable legal development.
Successful implementation of this scenario depends on the institutionalization of
digital tools that foster high-quality legislation and consolidate evidence-based
regulation. This approach represents a managed process of legal development in
which digitalization, expertise, and participatory openness ensure the stability and
efficiency of the national legal system.
An optimal legal-policy model for a transforming society should combine
efficiency, adaptability, and social responsibility. International experience
confirms that legislative reforms are sustainable only when grounded in
institutional openness and expert guidance. According to the
OECD Regulatorу
Policy Outlook 2025
, expert involvement and impact assessment improve
legislative quality, reduce conflicts, and enhance socio-economic effectiveness.
This requires not merely procedural openness, but the formation of systemic trust
mechanisms based on genuine consideration of public opinion.
Measures undertaken in Uzbekistan—the introduction of the
E-Parliament
platform, public consultations via
regulation.gov.uz
, impact-assessment
practices, and strengthened parliamentary oversight—reflect this shift toward
transparency and inclusiveness. Nonetheless, a gap remains between formal
institutions and public perception: the
World Values Survey (2017–2020)
indicates that about 47% of respondents believe that authorities fail to provide
effective feedback.
In contrast, in Northern Europe (Sweden, Norway,
Denmark) over 60% of citizens rate their participation in law-making as
genuinely effective.
These findings suggest that digital platforms alone do not
293
OECD (2025)
Regulatory Policy Outlook 2025
. Paris: OECD Publishing.
294
World Values Survey (2021)
Round Seven – Country-Pooled Datafile (2017–2020)
. Madrid &
Vienna: WVSA Secretariat.
295
European Social Survey (2020)
Round 10 Data
. NSD – Norwegian Centre for Research Data.
132
create trust emerge only through consistent expert engagement and a mature legal
culture.
Against this background, a national trust model—grounded in transparency,
technological openness, and cultural sensitivity—is essential, as confirmed by the
UNDP Human Development Report (2023/24).
formalizes legislative procedures but also reinforces the legitimacy of decisions,
laying the foundation for a humanistic scenario of legal-system transformation.
Establishing institutional mechanisms of justice as a core component of this
scenario amid digitalization and globalization requires ensuring not only
regulatory flexibility but also predictability—the cornerstone of citizen protection
and systemic stability. Transparent procedures, expert evaluation, and public
participation create conditions under which institutions are perceived as fair and
legitimate.
This logic echoes John Rawls’s theory of justice
, which posits that social
stability is possible only when institutions are viewed as just and legitimate.
Hence, national legal policy must guarantee not only formal improvement of
legislation but also its public recognition as an instrument of fair protection.
Within this framework, digitalization, expert support, and institutional openness
become interrelated tools for fostering trust and socially responsible legal
governance.
Contemporary scholarship supports this approach. T.Y. Khabrieva underscores
the need to integrate value categories into law
, while I.L. Bachilo links
digitalization to the creation of a “legal ecology of trust” between the state and
society
. This is particularly relevant in Uzbekistan, where modernization of the
legal system coincides with shifts in social values, requiring harmonization of
institutional reforms with the cultivation of trust and value-based dialogue.
The ongoing politico-legal discourse gravitates toward a synthesis of classical
theories of justice and the ideas of digital legal order and social integration. It
extends beyond modernization toward the formation of a value-humanistic model
of legal policy, in which law becomes an institutionalized form of trust between
the state and society. This model resonates with the theories of value-based
296
UNDP (2024)
Human Development Report 2023/24: Breaking Gridlock
. New York: UNDP
Publishing.
297
Rawls, J. (1992)
A Theory of Justice
. Moscow: Progress.
298
Khabrieva, T.Y. (2020)
Law under Global Change
. Moscow: Norma.
299
Bachilo, I.L. (2020)
Law and Digitalization: Challenges and Prospects
, In:
State and Law, 8.
133
constitutionalism (R. Dworkin, W. Sadurski)
and finds support among national
scholars such as B. Karimov and A. Kuchkarov, who emphasize the ethical re-
orientation of norm-making
. The novelty of this approach lies in transforming
law from an instrument of governance into a carrier of humanistic meaning and a
mechanism of public trust-building.
The 2023 constitutional reform established the preconditions for this model’s
implementation: for the first time, the principles of human dignity and the
primacy of the individual were explicitly enshrined in Constitution.
of mechanisms for integrating these value norms into sectoral legislation
(criminal justice, social protection, equality of vulnerable groups) indicates that
the humanistic vector remains largely declarative.
As the German jurist E. Kaufmann observed, a mature legal system must integrate
value categories into regulation and ensure not only juridical but also moral
legitimacy of authority.
This idea finds resonance in Russian legal scholarship:
S.A. Avakyan emphasized proportionality, sustainability, and open dialogue
while U.Kh. Mukhamedov adapted Dworkin’s concept of “law as integrity” to
national realities
The experience of post-Soviet states demonstrates that sustainability of
modernization processes is achieved only through a combination of technological
efficiency and value-based components. The examples of Estonia (institutional
openness in digitalization), Lithuania (participatory budgeting), and Georgia
(anti-corruption reforms) demonstrate that formal modernization without a
humanistic dimension remains unstable.
This leads to the conclusion that a conservative focus on maintaining the status
quo no longer meets public expectations; a technocratic modernization course
may yield short-term results, but without a value-based foundation, it does not
300
Dworkin, R. (2004)
Law's Empire
. Moscow: New Legal Culture; Sadurski, W. (2016)
Transitional
Constitutionalism versus Rule of Law
,
In: Comparative Constitutional Review, 3(112).
301
Karimov, B. and Kuchkarov, A. (2005)
Legislative and Institutional Support of Competition Policy
,
In:
Khuquq, Pravo, Law, 1, pp. 48–49.
302
Gafurov, A.B. (2021)
Constitutional Guarantees of Human Rights Protection
,
In: Bulletin of the
Lawyer, 5; Mukhitdinova, F.A. (2022)
Features of Constitutional Reforms in New Uzbekistan
,
In:
Journal of Legal Studies, 7(9).
303
Kaufmann, E. (1997)
Rechtsphilosophie
. Berlin: Walter de Gruyter.
304
Avakyan, S.A. (2020)
Problems of Constitutional Modernization and Legal Reform in Contemporary
Russia
. Moscow: Jurist.
305
Mukhamedov, U.Kh. (2010)
Theoretical and Practical Problems of Systematization of Legislation
in Uzbekistan
. Doctoral Thesis Abstract. Tashkent.
134
create long-term sustainability. Most likely, only an innovative and humanistic
scenario, focused on integrating legal institutions with a value system and public
trust, can ensure the legitimacy and fairness of transformations.
135
Chapter VI. Digitalization and the Legal Regulation of New Technologies
§ 1. Digitalization as a Resource and a Challenge for Legal Policy
The digital transformation of social, economic, and political-legal spheres creates
new conditions for the formation and implementation of legal policy. Under these
circumstances, the state must act as an active architect of the digital space,
introducing mechanisms of anticipatory regulation that enable the management
of technological and social risks.
The effectiveness of such measures depends
not only on technical capacity but also on the coherence of actions among various
institutions. Therefore, a systemic interaction between state bodies, civil society,
and the academic community is being shaped in parallel, creating the foundation
for comprehensive management of digital processes and for integrating
digitalization into the strategic goals of legal policy.
The necessity for a strategic approach to digital regulation is determined by the
transformation of the very nature of power and social relations. As M. Castells
emphasizes, the information society is based on information and algorithms as
key sources of control.
From this perspective, legal policy must go beyond
reactive regulation and function as an instrument of strategic design for the digital
environment—one that incorporates ethical norms, the protection of human
rights, technological sovereignty, and public trust. The transition to strategic
design ensures the alignment of digital risks with mechanisms of public
administration, thereby strengthening the link between technological
development and legal architecture.
Foreign researchers also confirm the need to adapt traditional legal mechanisms
to the conditions of algorithmic law. Thus, A. Mantelero and M. Hildebrandt
point to a transition from classical written norms to “code”—machine rules that
implement managerial will through the programmed behavior of systems. In this
regard, there arises a need to create new mechanisms for controlling the
architecture of digital decisions, which directly continues the tasks of strategic
design of the digital environment. This necessity stems from the fact that
digitalization simultaneously transforms key legal categories and generates new
306
World Bank (2023)
World Development Report 2023: Digitalization and Governance
. Washington,
DC: World Bank Publishing.
307
Castells, M. (2000)
The Information Age: Economy, Society and Culture
. Moscow: Higher School
of Economics.
308
Mantelero, A. and Hildebrandt, M. (2020)
Algorithmic Regulation and the Rule of Law
. Springer.
136
types of subjects, requiring the state to adopt a deliberate strategy of regulation.
According to A.I. Savelyev
, digitalization blurs the traditional boundaries of
legal order, creates robot agents, and transforms approaches to liability, evidence,
and the administration of justice. In this context, there arises an urgent need to
develop a legal infrastructure of responsibility for non-traditional actors, which
implies comprehensive control and strategic design of the digital environment at
the same time.
Against this background, the transparency of algorithms becomes a critical
element of digital normativity. Decisions made by algorithms — from the
distribution of social benefits to the analysis of judicial proceedings — must be
explainable and subject to legal appeal. The concept of
algorithmic
accountability
, developed by C. O’Neil
, in
our view, integrates all previous considerations: strategic design of the digital
environment and control over the architecture of digital decisions are impossible
without algorithmic transparency and the accountability of digital actors.
Ensuring algorithmic accountability completes the analytical chain, connecting
all elements of digital governance with the goals of legal policy.
In other words, the integration of strategic design of the digital environment,
oversight of algorithmic decisions, and the infrastructure of legal responsibility
forms a new paradigm of legal policy. Such an approach ensures the coherence
of digital transformation, the protection of human rights, the transparency of
algorithms, and the systemic role of the state as the architect of the digital space.
As a result, a comprehensive and consistent system of digital environment
regulation emerges, ensuring the sustainable development of society and the legal
order under conditions of digitalization.
However, it must be acknowledged that despite the dynamic development of
digital transformation in Uzbekistan, its legal framework remains largely
reactive. Government programs including
Digital Uzbekistan – 2030
and the
Uzbekistan – 2030
strategies encompass dozens of projects in the fields of e-
government, artificial intelligence, the digital economy, and the Internet of
309
Savelyev, A.I. (2021)
Law in the Context of Digitalization: New Legal Subjects and Responsibility
.
Moscow: Legal Literature.
310
O'Neil, C. (2017)
Weapons of Math Destruction: How Big Data Increases Inequality and Threatens
Democracy
. Moscow: Alpina Publisher.
311
Zuboff, Sh. (2022)
The Age of Surveillance Capitalism: The Fight for a Human Future at the New
Frontier of Power
. Moscow: Gaidar Institute.
312
Pasquale, F. (2015)
The Black Box Society
. Cambridge, MA: Harvard University Press.
137
Things.
Despite the impressive scope of these initiatives, the regulatory
framework has failed to keep pace with the rate of technological change, creating
a legal vacuum and increasing the risks associated with the uncontrolled
application of digital technologies.
A clear example of this disproportionality is the introduction of intelligent video-
surveillance systems with biometric identification. While such systems are
effective in ensuring public safety, the legal status of the data they collect remains
undefined, and the storage periods are not regulated. An analysis of the current
regulatory acts, in particular, the
Law of the Republic of Uzbekistan
on Personal
Data
and the regulations on the
Safe City System
, reveal significant gaps in the
legal governance of the digital environment. Specifically, there are no clear
criteria defining what categories of information may be collected and processed,
nor who bears responsibility for possible violations.
Equally under-regulated are the issues of data retention and information security:
there are no uniform encryption standards, prescribed storage periods, or
procedures for data deletion. This deficiency creates serious risks of data leakage
and unauthorized access. In addition, both individuals and organizations face
limited opportunities to appeal decisions made within the digital environment,
while regulatory authorities often lack sufficient powers to oversee all
components of the Safe City system.
The fragmentation of the regulatory architecture further aggravates the situation:
the Law on Personal Data governs only certain aspects of information processing,
whereas the Safe City regulations focus on technical aspects of video
surveillance. At the same time, a comprehensive framework document that
integrates the technological, legal, and social dimensions of digitalization has yet
to be developed.
Taking together, these deficiencies underscore the urgent need for accelerated
institutional development and the formation of a coherent regulatory architecture
or the digital environment — one that ensures process transparency, personal data
protection, and legal accountability of digital actors. Only the existence of such a
comprehensive legal structure will make it possible to build a sustainable
regulatory system for digital space, one that meets contemporary standards of
security, ethics, and public trust.
313
Government of the Republic of Uzbekistan. “Digital Uzbekistan – 2030”. Available at:
https://digital.gov.uz
138
Significant efforts are already being undertaken in this direction, particularly to
expand access to state digital services. The Unified Portal of Interactive
Government Services (my.gov.uz) now has a large number of registered users and
provides access to more than 770 services, having processed a substantial volume
of citizen applications. Nevertheless, territorial, age-related, and social disparities
persist, creating a
de facto
digital divide.
The territorial dimension of this gap is particularly evident in rural areas, where
Internet infrastructure remains limited. According to
DataReportal
(February
2024), Internet penetration in Uzbekistan reached 83.3 percent of the total
population, yet the average speed of mobile Internet in urban areas is 38 percent
higher than in rural regions.
Such disparities hinder equal access to government
e-services and present additional challenges to social integration.
The age factor further exacerbates digital inequality, particularly among the older
generation. Limited Internet access and insufficient digital literacy among elderly
citizens reduce the effectiveness of social assistance and healthcare delivery. To
overcome these barriers, it is necessary to develop adapted user interfaces,
educational programs, and support systems involving younger family members
or volunteer organizations. These measures can significantly enhance digital
inclusion among older adults.
The social dimension of the digital divide is manifested in restricted access of
women and persons with disabilities to modern technologies. This situation
requires the implementation of targeted programs and educational initiatives
aimed at eliminating gender and social disparities in the digital environment and
ensuring equal access to digital services for all categories of the population.
Thus, digital transformation in Uzbekistan presents not only new opportunities
but also new challenges for legal and social policy. Comprehensive elimination
of disparities, the development of digital infrastructure, and the establishment of
a coherent regulatory framework must proceed along a unified logical trajectory
to ensure that digitalization contributes to social development rather than
exacerbate existing inequalities. The creation of a transparent, inclusive, and
technologically resilient digital environment requires the integration of strategic
design, algorithmic accountability, and a comprehensive normative architecture
314
Data Reportal (2024)
Digital 2024: Uzbekistan
. Available at: https://datareportal.com/reports/digital-
2024-uzbekistan.
315
UNDP (2024)
Report on Digital Inequality and Inclusion in Uzbekistan
. Tashkent.
139
oriented toward the protection of human rights and the reinforcement of public
trust.
§ 2. Artificial Intelligence and Regulatory Innovation: International and
National Context
The development of artificial intelligence (AI) is transforming production
relations and the foundations of the socio-economic structure, creating new
challenges for legal regulation. For countries with emerging digital economies,
including Uzbekistan, the normative framework for AI is acquiring strategic
importance. The
Strategy for the Development of Artificial Intelligence until
2030
, adopted in 2024, identified priorities in the areas of ethical standards,
human-resource training, and infrastructure. Nevertheless, the existence of a
strategy does not resolve the key problem: to what extent is the current law
capable of adequately responding to the risks associated with the deployment of
autonomous algorithms?
In the international scholarly debate, two opposing paradigms are generally
distinguished. Proponents of the concept of a “new legal form”
a distinct subject of law, which implies a revision of the classical legal categories
of guilt, intent, and legal personality. The conservative school
doctrine, insisting on the inadmissibility of eroding the institute of personal
responsibility. A similar position is shared by national scholars: in particular, I.
Akhmedov and Sh. Rakhmonov emphasize that the “anthropomorphization of
AI” contradicts the legal tradition of Uzbekistan, where legal responsibility has
always been strictly correlated with the personality of the subject.
Some authors
, however, introduce a clarifying nuance: they agree with the need
to limit the recognition of AI as a subject of law, yet argue that the mechanisms
of shared responsibility between developers and users must be specially
regulated. In this sense, they criticize both the Western futurist doctrine (for its
316
Bostrom, N. and Yudkowsky, E. (2014)
The Ethics of Artificial Intelligence
. In: The Cambridge
Handbook of Artificial Intelligence. Cambridge: Cambridge University Press, pp. 316–334.
317
Shaburov, A.Yu. and Khutyz, M.M. (2020)
Artificial Intelligence and Law: Challenges and
Prospects
, In: Gosudarstvo i Pravo, 7, pp. 15–28.
318
Akhmedov, I.I. and Rakhmonov, Sh.Kh. (2024)
Algorithmic Transparency and the Protection of
Citizens' Rights
, In: Legal Science of Uzbekistan, 1, pp. 25–39.
319
Tukhtamirzaev, Sh. and Nematjonov, I. (2025)
The Need for Legal Regulation of Artificial
Intelligence: Technological Evolution, Legal Response, and a Regulatory Model for Uzbekistan
. In:
SSRN Electronic Journal.
140
abstraction) and the Russian conservative approach (for ignoring technical
specificity). For the legal system of Uzbekistan, the most reasonable approach, in
our view, is precisely this “middle way”: to preserve human and institutional
responsibility while supplementing it with special norms on algorithmic
transparency, data protection, and anti-discrimination safeguards.
In the domains of hiring, credit scoring, and judiciary, a key dilemma emerges:
who bears responsibility for discriminatory decisions — the developer, the user,
or the system itself? Proponents of the “new legal form” concept attribute such
responsibility to the system as an autonomous legal subject.
thesis raises serious doubts: first, recognizing AI as a subject of law undermines
the systemic logic of legal responsibility and effectively allows developers to
evade their obligations.
Second, it creates the risk of replacing legal guilt with
technical malfunction, thus undermining legal certainty and the foundational
principles of the rule of law.
It seems most appropriate for national legislation to establish a clear obligation
for AI providers to disclose the algorithmic logic behind their decisions and to
grant citizens mechanisms for appeal. The implementation of this measure
becomes particularly relevant amid Uzbekistan’s ongoing digital transformation,
which encompasses justice (“Electronic Court”), tax administration, and public
services.
However, the regulatory framework remains fragmented and lacks key
components — algorithmic transparency, personal data protection, non-
discrimination safeguards, and accountability provisions. This fragmentation
creates an institutional gap between technological deployment and legal
oversight, weakening both the predictability and legitimacy of governance
mechanisms.
The problem is further aggravated by the phenomenon of the “black box”
, in
which the input data and results are known, yet the internal mechanisms of
decision-making remains opaque. In light of this reality, the UNDP, recognizing
the threat posed by algorithmic opacity, emphasizes the importance of developing
320
Calo, R. (2015)
Robotics and the Lessons of Cyberlaw
, In: California Law Review, 103(3), pp. 513–
563.
321
Shutova, A.A. (2023)
The Application of Artificial Intelligence Technology in Healthcare: Criminal-
Legal Deviations
, In: Law and Order: History, Theory, Practice, 3(38), pp. 95–102.
322
Burrell, J. (2016)
How the Machine "Thinks": Understanding Opacity in Machine Learning
Algorithms
, In: Big Data & Society, 3(1), pp. 1–12.
141
the concept of
Explainable AI (XAI)
and implementing interpretable AI systems
that ensure the explainability of algorithmic logic.
However, one cannot ignore the level of digital literacy among the population and
the limited resources of state institutions, so that the requirement of explainability
does not remain merely declarative. The principle of explainability should acquire
an imperative legal status and be implemented through adapted forms — for
example, simplified mechanisms for informing citizens about the rationale behind
algorithmic decisions.
In this regard, countries with developed legal systems demonstrate various
models of artificial intelligence (AI) regulation, reflecting differences in legal
traditions and politico-legal priorities. The European Union, through the
Artificial
Intelligence Act (AI Act)
, has enshrined a risk-based regulatory system that
prohibits the use of technologies violating fundamental human rights while
simultaneously establishing requirements for transparency, accountability, and
civic oversight.
This approach has received considerable support from the academic
community
because it prioritizes the protection of fundamental rights. At the
same time, it has been criticized for excessive bureaucratization and the potential
to stifle innovation. In contrast, the United States has adopted a model based on
self-regulation and sector-specific standards, which ensures flexibility and
stimulates innovation.
In turn, the Chinese model of AI regulation is based on centralized state control
where the principal objective is not the protection of individual rights but the
preservation of national security and social stability. This model reflects a
philosophy of technological governance that prioritizes collective welfare and
public order over individual autonomy. However, as noted by scholars such as K.
323
UNDP
(2022)
Human Development Report 2021/2022: Uncertain Times, Unsettled Lives
. New
York: UNDP Publishing.
324
European Commission (2021)
Proposal for Regulation Laying Down Harmonised Rules on Artificial
Intelligence (Artificial Intelligence Act)
, COM (2021) 206 final, 21 April 2021.
325
Floridi, L. and Hildebrandt, M. (2021)
The Ethics of Artificial Intelligence in Europe
, In: AI &
Society, 36(2), pp. 213–225.
326
Roberts, H., Cowls, J., Morley, J. and Floridi, L. (2021)
China's Approach to Artificial Intelligence
Governance
, In: Nature Machine Intelligence, 3, pp. 846–852; Zeng, Y., Lu, E. and Huangfu, C. (2021)
Linking Artificial Intelligence Principles
, In: Nature Machine Intelligence, 3(2), pp. 104–107.
142
Crawford and R. Calo, it is accompanied by a persistent deficit of accountability
and transparency.
We believe that both Western and Eastern models of AI regulation, despite their
apparent opposition, suffer from a certain one-sidedness. The European system
risks becoming overly normative and bureaucratic; the American model, while
flexible and innovation-oriented, provides insufficient protection for citizens’
rights; and the Chinese approach legitimizes the dominance of the state over the
individual. This comparison underscores that a direct transplantation of foreign
regulatory frameworks into the national context may prove ineffective without
due consideration of local institutional and legal specificities. Hence, there
emerges an objective need to elaborate an indigenous regulatory model that
synthesizes international best practices with the real capacities of domestic state
institutions.
In order to eliminate the identified gaps and create a balanced system of AI
regulation, the
Presidential Decree of the Republic of Uzbekistan No. PP-4996
of
17 February 2021
“On Measures to Create Conditions for the Broad Introduction
and Further Development of Artificial Intelligence”
— established the
foundations of the country’s institutional and technological infrastructure.
However, a limited budget and insufficient inter-agency coordination reduced the
effectiveness of the initial steps, while subsequent initiatives of the Cabinet of
Ministers
focused mainly on technical and organizational dimensions, leaving
the issues of legal transparency, data protection, and ethical acceptability
insufficiently developed.
Consequently, the regulation of ethical and algorithmic risks remains incomplete:
existing legal acts do not impose direct obligations on AI providers, nor do they
enshrine citizens’ right to an explanation of automated decisions.
produced potential risks for both judicial and criminal-law practice, including the
erosion of the presumption of innocence and the reinforcement of discriminatory
patterns. International research confirms similar challenges: the well-known
study by J. Angwin et al. revealed bias in the U.S. COMPAS system used for
327
Crawford, K. and Calo, R. (2016)
There is a Blind Spot in AI Research
, In: Nature, 538(7625), pp.
311–313.
328
Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 425 of August 2, 2022
“On Measures to Organize the Activities of the Artificial Intelligence Center under the Ministry of
Digital Technologies”.
329
Zulunov, R. and Abdukadirov, A. (2023)
Ethical and Legal Aspects of the Introduction of Artificial
Intelligence
, In: Research and Implementation, 6(1).
143
assessing recidivism risk, demonstrating that algorithms can reproduce social and
ethnic prejudice even when developed with lawful objectives.
Under such conditions of inadequate normative constraints, the use of algorithms
in decision-making — for instance, in determining preventive measures, early
release, or the administrative evaluation of suspicious operations — renders AI
simultaneously an instrument of efficiency and a source of legal risk. Predictive
analytics in public procurement may accelerate the detection of violations; yet
without strict rules on algorithmic transparency and data protection, there exists
the threat of false-positive outcomes that undermine public trust in governmental
institutions.
Similar risks appear in migration policy, where algorithmic filters can
unintentionally reproduce discriminatory patterns, disproportionately affecting
women, ethnic minorities, and elderly migrants. The absence of codified
principles of algorithmic accountability and the right to explanation constitutes a
key institutional vacuum. This gap could be bridged through the implementation
of international standards, particularly UNESCO’s
Recommendation on the
Ethics of Artificial Intelligence
(2021)
EU Artificial Intelligence Act
,
adapted to the national legal system.
One of the key factors contributing to the persistence of legal and institutional
uncertainty lies in the underdevelopment of mechanisms for evaluating the
effectiveness and scalability of AI projects at the regional level. The draft
Law on
Artificial Intelligence
is intended to fill this gap. Its significance lies not only in
formalizing the legal status of AI but also in the attempt to systematize the
normative architecture of the digital environment. However, certain scholars have
expressed ambivalence toward such initiatives. C. Kuner and M. Hildebrandt, for
example, regard codification as an opportunity to strengthen legal certainty and
institutional coherence
, while others caution that it may result in declarative
policies and technological conservatism
330
Angwin, J., Larson, J., Mattu, S. and Kirchner, L. (2016)
Machine Bias: There's Software Used
Across the Country to Predict Future Criminals — And It's Biased Against Blacks
, In: ProPublica.
331
UNESCO (2021)
Recommendation on the Ethics of Artificial Intelligence
. Paris: UNESCO.
Available at: https://unesdoc.unesco.org/ark:/48223/pf0000377897.
332
Kuner, C. and Hildebrandt, M. (2021)
AI Regulation and Legal Certainty: A Comparative
Perspective
, In: Journal of Law, Technology and Society, 3(2), pp. 45–67.
333
Calo, R. (2015)
Robotics and the Lessons of Cyberlaw
, In: California Law Review, 103(3), pp. 513–
563; Shaburov, A.Yu. (2022)
Artificial Intelligence: Legal Problems of Subjectivity
, In: Journal of
Foreign Legislation and Comparative Law, 5.
144
Accordingly, it becomes evident that alongside the adoption of a framework law,
the development of secondary legislation is required—detailing specific
mechanisms of transparency, accountability, and legal responsibility in the field
of AI. Without such elaboration, the measures undertaking risk remain largely
symbolic. The absence of clear procedures for implementing ethical standards
and algorithmic transparency could transform existing normative acts into
instruments of political rhetoric rather than operational tools of governance.
At first glance, this situation may appear as a temporary lacuna that could be
resolved by the adoption of a new legislative initiative. However, it actually
reflects a deeper structural challenge: the growing gap between the pace of digital
transformation and the legal system’s capacity for timely adaptation. If
lawmaking remains reactive, technological innovation will continue to evolve
without adequate institutional safeguards—ultimately eroding public confidence.
This dynamic produces an institutional dilemma: whether to justify the primacy
of technological progress over legal barriers, or to build a restrictive regulatory
framework aimed at minimizing risks.
A sustainable AI development trajectory cannot rely on either extreme. A one-
sided prioritization of innovation leads to technocratization of governance,
whereas excessive legal rigidity suppresses initiative and deters investment. The
optimal strategy therefore lies in the integration of ethical standards and human-
rights principles into the regulatory system. Only under these conditions can both
legal certainty and societal trust in digital technologies be achieved, preventing
their instrumentalization for administrative control.
Developing along the lines of the
Explainable AI (XAI)
concept, Uzbekistan’s
state policy in the field of artificial intelligence has gradually acquired a more
comprehensive and multidimensional character in recent years. However, the key
question remains: to what extent do the declared principles of transparency and
accountability correspond to actual practice? This issue goes beyond mere
expansion of strategic planning — it necessitates the implementation of concrete
instruments, ranging from mandatory standards of algorithmic explainability to
institutional mechanisms of oversight.
Domestic scholarship rightly emphasizes that a limited conceptual foundation
risks transforming normative acts into symbolic declarations that fail to guarantee
145
citizens’ rights.
Consequently, researchers have paid special attention to
procedural clarity in the processing and storage of confidential data, as trust in
digital platforms cannot be built without it.
instrumental regulation is inevitable: without the formalization of mechanisms
ensuring transparency and accountability, the national digitalization strategy risks
remaining purely declarative, thereby undermining institutional sustainability.
A comparison of these arguments makes it possible to describe the current vector
of AI development in Uzbekistan as a hybrid model. It combines features of the
centralized control typical of many Asian states with the risk-based approach
characteristic of European practice. On one hand, such duality allows the state to
maintain control over strategically important sectors; on the other, it preserves the
risk of declarative governance in the absence of effective mechanisms for
explainability and accountability. In this regard, the central task of legal policy is
not to reproduce formal strategies but to establish enforceable instruments that
ensure a balance between technological innovation and the protection of citizens’
rights.
This naturally raises the question of the internal coherence of the chosen
regulatory model. While conceptually it appears consistent, in practice it often
demonstrates contradictory effects. This observation is also noted by foreign
authors: C. Cath, A. Jobin, M. Ienca, and E. Vayena view it as a compromise
solution that adapts international standards to domestic realities
, whereas M.
Khutyz, I. D. Raji, and J. Buolamwini
emphasize its duality, which leads to
legal uncertainty and reduced regulatory effectiveness.
We believe that hybridity is acceptable only as a temporary step. Going forward,
legal regulation should be based on a clear hierarchy of priorities: protecting
334
Nabizhonov, A.A. (2024)
Legal Risks of Digitalization: Challenges for National Legislation
, In:
Legal Science of Uzbekistan, 1.
335
Yokubov, Sh. (2025)
Personal Data and Digital Trust: Problems and Prospects of Regulation in
Uzbekistan
, In: Bulletin of Tashkent State University of Law, 2.
336
Abdalimova, D.O. (2024)
Ethics and Law in the Context of Digital Transformation: The Need for
Procedural Regulation
, In: Society and Innovations, 5(4).
337
Cath, C. (2018)
Governing Artificial Intelligence: Ethical, Legal and Technical Opportunities and
Challenges
, In: Philosophical Transactions of the Royal Society A, 376:20180080; Jobin, A., Ienca, M.
and Vayena, E. (2019)
The Global Landscape of AI Ethics Guidelines
, In: Nature Machine Intelligence,
1, pp. 389–399.
338
Khutyz, M.M. (2023)
Legal Risks and Responsibility in the Digital Era: Artificial Intelligence and
Beyond
, In: State and Law, 1; Raji, I.D. and Buolamwini, J. (2019)
Actionable Auditing: Investigating
the Impact of Publicly Naming Biased Performance Results of Commercial AI Products
, AAAI/ACM
Conference on AI, Ethics, and Society.
146
citizens' rights and ensuring legal certainty are the primary objectives, while
supporting innovation can be seen as a consequence of the functioning of reliable
institutions and transparent procedures. In this context, an analysis of the national
AI regulatory model demonstrates its transitional nature: the combination of
control elements and the adaptation of international standards reflects the search
for a balance between innovative development and legal sustainability. However,
the inconsistency of such solutions underscores the importance of developing a
conceptually coherent strategy based on a risk-based approach and
institutionalized protection of human rights.
The scientific significance of this approach lies in shifting the discussion of
digital transformation from the realm of declarative strategies to the realm of law
enforcement mechanisms that ensure public trust and predictability of
development.
§ 3. Legal Risks of Digitalization: Privacy, Discrimination, and Algorithmic
Injustice
Digital transformation in modern society serves not only as a tool for modernizing
administrative and social processes but also as a source of new legal challenges
that affect the fundamental categories of legal personality, institutional trust, and
social justice. The intensive implementation of biometric technologies, facial
recognition systems, and digital profiling reinforces these challenges, reflecting
the dual nature of digitalization: while the arsenal of effective governance tools
expands, new ethical and legal dilemmas emerge.
the central task of legal science — to seek a balance between technological
progress and the protection of human rights — and forms the methodological
framework for analyzing digital processes that requires the integration of legal,
sociological, and technical approaches.
Some Russian legal scholars emphasize the guarantees for the protection of
citizens in the digital environment
, while foreign researchers stress that,
without sociological reflection, digitalization risks being reduced to a
339
Ferrer, X., van Nuenen, T., Such, J.M. et al. (2024)
Algorithmic Discrimination and Normative
Challenges
, In: Frontiers in Artificial Intelligence, 7.
340
Saveliev, A.I. (2021)
Artificial Intelligence and Law: Issues of Responsibility and Accountability
.
Moscow: Statut.
147
technocratic paradigm that excludes the citizen as an active subject
. This
position can only be partially accepted: legal guarantees remain the systemic core,
while sociological instruments perform corrective and predictive functions.
However, it is insufficient merely to restate the principles of law if real social
disparities continue to reproduce unequal access to digital benefits.
The issues of algorithmic fairness and the protection of rights in automated
decision-making are closely linked to the broader problem of digital inequality.
The risks of losing legal subjectivity increase not only because of the opacity of
algorithms but also due to the limited ability of citizens to make full use of digital
instruments. For a significant part of the population, the digital environment
becomes not a space for expanding rights but an additional barrier that
complicates the protection of legitimate interests and the appeal of administrative
or algorithmic decisions.
As a result, a complex problem of legal and social
inclusion arises, in which technological accessibility must be harmonized with
legal guarantees and the principles of social justice. Without such a synthesis,
digitalization risks not expanding citizens’ opportunities but reinforcing their
marginalization.
International research supports these conclusions.
itself not only in physical access to the internet but also in citizens’ capacity to
adapt to a rapidly changing digital environment. According to the World Bank, in
Latin American countries, around 40% of rural residents remain outside the
coverage area of high-speed internet, while in the European Union almost one
quarter of elderly citizens do not regularly use online services.
that even states with advanced social infrastructures face persistent challenges in
ensuring digital inclusion, though these are mitigated by robust legal and social
guarantees. In Uzbekistan, however, the absence of codified standards for the
accessibility of digital services for vulnerable groups exacerbates the problem.
Therefore, the recognition of digital inclusion by the national legislator as an
element of social policy should be seen not as a secondary measure but as a
strategic prerequisite for preventing the reproduction of social inequality.
341
Zuboff, S. (2019)
The Age of Surveillance Capitalism
. New York; Habermas, J. (2021)
Democracy
in the Digital Age
. Berlin.
342
UNDP (2025)
Digital Economy of Uzbekistan: State of Digital Entrepreneurship and AI
. Tashkent,
p. 18.
343
World Bank (2023)
Digital Dividends. World Development Report 2023
.
344
UNDP (2025)
Digital Economy of Uzbekistan: State of Digital Entrepreneurship and AI
. Tashkent,
p. 18.
148
Otherwise, digital transformation may not reduce but rather expand existing
disparities.
At the level of international experience, a wide spectrum of legal approaches can
be observed. In China, the system of social credit has been criticized for violating
individual autonomy
, whereas in the European Union, data protection
legislation (GDPR) and the
Artificial Intelligence Act
aim to institutionalize the
principles of algorithmic fairness and transparency
. In the United States,
debates continue regarding Section 230 of the
Communications Decency Act
which exempts online platforms from liability for user-generated content. This
diversity of legal practice demonstrates how policy priorities vary — from
strengthening state control to defending civil liberties — revealing a broader
tension between the security of the digital environment and the preservation of
individual autonomy. Within this contradiction lies the deeper problem of
defining the legal status of the human being in conditions of digitalization.
In this respect, the question of legal subjectivity in the digital environment
becomes particularly relevant for Uzbekistan. It is directly related to the
boundaries of permissible automation and the means by which human
participation can be guaranteed in critical decision-making processes.
Unsurprisingly, this topic has become the subject of active scholarly debate,
reflecting a transformation of the traditional legal order.
In academic literature, it is emphasized that the growing influence of algorithms
leads to the transformation of the very concept of the legal subject and the
emergence of new models of accountability. Scholars such as F. Pasquale, S.
Zuboff, and E. Reder argue that algorithmic governance not only introduces new
technological tools but also shifts the foundations of interaction between the
individual and the state.
For countries undergoing active digital transformation,
including Uzbekistan, these ideas acquire particular significance. The objectives
set out in the
Digital Uzbekistan – 2030
Strategy explicitly state that digitalization
must serve as an instrument of social justice rather than reproduce inequality.
345
Ding, L. (2022)
Social Credit Systems in China: Legal and Ethical Implications
. Beijing.
346
European Commission (2021)
Artificial Intelligence Act
. Brussels; European Union
(2016)
Regulation (EU) 2016/679 (GDPR)
.
347
US Congress (1996)
Communications Decency Act, Section 230
. Washington.
348
Pasquale, F. (2015)
The Black Box Society: The Secret Algorithms That Control Money and
Information
. Harvard University Press; Zuboff, S. (2019)
The Age of Surveillance Capitalism: The
Fight for a Human Future at the New Frontier of Power
. In: PublicAffairs; Reder, E. (2021)
Algorithmic
Accountability and the Rule of Law
, In:
Journal of Law & Digital Society.
149
From this follows the necessity of enshrining the principle of “human control” as
a criterion of legitimacy for digital acts. The exclusion of the human element from
decision-making processes leads to the erosion of the legal system and the
undermining of social solidarity. Therefore, this principle should not remain
declarative but must be institutionally secured through algorithmic auditing,
independent oversight, and the recognition of a legal “right to explanation” and a
“right to human intervention” in critical digital processes. Uzbekistan’s
experience with personal-data protection confirms this conclusion: despite the
adoption of a dedicated law, its implementation remains fragmented. Existing
control mechanisms ensure neither full confidentiality nor the preservation of the
“human dimension” in automated data processing. Consequently, the practice of
personal data management demonstrates that without effective instruments any
legal norm risks remain purely formal. Thus, the consolidation of human control
must be accompanied by its practical realization in the most sensitive areas of
digital regulation, including the use of biometric technologies.
Such challenges are characteristic not only of Uzbekistan but also of other post-
Soviet states. Studies by analytical centers in neighboring countries reveal key
patterns and potential risks associated with citizens’ ambivalent attitudes toward
digital innovations. For example, a 2024 VCIOM survey shows that while 68%
of respondents are aware of biometric technologies and 41% view their use
positively, 44% express distrust toward institutions responsible for data
storage.
Although these results reflect Russian conditions, their analytical value
lies in illustrating the coexistence of awareness and skepticism typical of Uzbek
society, which also faces automated systems for personal data processing.
this basis, it can be concluded that institutional guarantees and transparency
mechanisms in the field of digital law are essential. Merely formalizing legal
norms without ensuring effective control and openness cannot build public trust
in digital services or safeguard individual rights.
In the national context, where biometric systems and digital services are still in
an active phase of deployment, these issues become particularly important.
Practice shows that building public trust in state institutions requires not only
legislative provisions but also the establishment of effective complaint and appeal
procedures, as well as systematic public awareness campaigns about data-
protection rights and remedies. Empirical data indicate that, despite a relatively
349
VCIOM (2024)
Biometry on March: Face-to-Face with the Future
. Moscow.
350
Digital Rights Asia (2024)
Biometric and Digital Identity in Central Asia
.
150
high level of public awareness and general willingness to use digital services,
procedures for the storage and processing of personal information continue to
raise doubts about their reliability and transparency.
Under the current circumstances, the development and implementation of
compliance mechanisms become a key direction of digital policy, ensuring the
establishment of effective instruments for institutional oversight. The absence of
functioning control mechanisms may undermine the legitimacy of digitalization
initiatives, regardless of general public loyalty toward governmental projects.
Therefore, the establishment of clear legal guarantees should be regarded as a
structural element of the national digital strategy. Such guarantees presuppose the
creation of a comprehensive system of legal supervision, including algorithmic
auditing, independent verification of procedures, and accountability of the public
authorities responsible for digital services. Otherwise, declarative norms are
unable to generate public trust or ensure the sustainability of digital initiatives.
Against this backdrop, the analysis of reports from platforms such as
Anhor.uz
and regional analytical centers reveals several stable trends.
of biometric data for ID-card registration is formally classified as the processing
of personal information with the subject’s consent, which theoretically provides
legal protection but still leaves room for ambiguous interpretations and
exceptions. Second, public concern persists over the centralized storage of
biometric information, the risk of data breaches, and the impossibility of
replacing identifiers in the event of data compromise. Third, although the general
level of trust in government institutions can moderate resistance to technological
measures, it does not eliminate the need for institutional safeguards and
independent oversight.
Uzbekistan’s experience clearly demonstrates that the mere existence of formal
legal norms and declared guarantees does not automatically generate public
confidence in digital procedures. Transparency of processes and the reliability of
technical mechanisms remain critically important conditions for the legitimacy
of digital decisions. The issue of biometric data management, in particular,
represents a specific manifestation of a broader global debate on how to integrate
legal principles directly into the architecture of digital systems to minimize the
risks of citizens losing their legal subjectivity.
351
Anhor.uz (2024)
Biometric Data in Uzbekistan: Protection and Security
.
151
This perspective draws attention to the growing problem of algorithmic bias and
discrimination, which forms an independent dimension of digitalization and
directly affects fundamental human rights. Machine-learning algorithms rely on
historical datasets that often contain embedded social, cultural, or economic
biases. As a result, digital systems reproduce not the neutral logic of computation
but the entrenched structures of inequality, embedding them in new technological
forms. Such dynamics pose a serious threat to the legal subjectivity of citizens
and demand the creation of a comprehensive legal and institutional framework
ensuring transparency, data-protection control, and the possibility of human
intervention in critical decisions.
A clear illustration of this effect is provided by the
COMPAS
system in the United
States, designed to predict recidivism risk among defendants. An investigation
conducted by
ProPublica
revealed that individuals belonging to certain social
groups were disproportionately classified as being at higher risk of reoffending,
even when actual data did not support such outcomes.
demonstrates that the key problem lies not so much in the technical aspects of
algorithms as in the lack of adequate legal regulation defining the boundaries of
their use.
In this context, the position of Russian legal scholars G.N. Fedotova and V.V.
Lapaeva deserves particular attention. They emphasize that under conditions of
insufficient normative regulation, algorithms effectively function as a “black
box,” remaining inaccessible to external scrutiny and beyond the reach of appeal
procedures.
Such opacity creates an institutional paradox: the state, which is
meant to guarantee justice and legal certainty, effectively delegates decision-
making to technical systems that are devoid of juridical responsibility.
This leads to the necessity of enshrining the principle of algorithmic fairness not
merely within engineering standards but at the level of law. If this principle
remains confined to the domain of software developers, its implementation will
inevitably be governed by corporate interests and technical feasibility rather than
by universal legal criteria. The integration of algorithmic fairness into the legal
framework ensures that automated decision-making aligns with the values of
justice, accountability, and equality before the law.
352
Angwin, J, et al (2016) Machine Bias: There's software used across the country to predict future
criminals. And it's biased against blacks. In: ProPublica.
353
Fedotova, G.N. and Lapaeva, V.V. (2022)
Algorithms and Justice: Legal Challenges of Automated
Adjudication
, In: Gosudarstvo i Pravo, 5, pp. 65–76.
152
Of particular interest in this regard are the findings of Weerts et al.
studies of Sargeant and Magnusson
, which examine algorithmic fairness from
the perspective of legal theory and regulatory design. The former emphasize that
algorithmic systems cannot be regarded merely as autonomous technical
constructs: their very architecture must be embedded within the legal
environment through the integration of juridical principles directly into
algorithmic structures. This approach not only ensures compliance with existing
legal norms but also provides substantive guarantees of fairness and
proportionality in automated decision-making.
Sargeant and Magnusson, by contrast, critically assess the dominant paradigms
of algorithmic fairness in machine learning, arguing that they remain
conceptually narrow and fail to account for legal standards of non-discrimination
and due process. As a result, even formally unbiased systems may yield
substantively unjust outcomes, undermining public trust in digital governance.
From these positions, it follows that the problem of algorithmic fairness is not
purely technical but fundamentally legal, demanding a revision of prevailing
conceptions of the relationship between law and technology. For Uzbekistan, this
conclusion currently has a preventive significance: although the risks of
algorithmic discrimination remain in their early stages, the rapid digitalization of
the social sphere—ranging from the allocation of benefits and subsidies to the
creation of lists of vulnerable populations—already raises the question of the
permissible limits of delegating decision-making authority to automated systems.
Consequently, there arises an urgent need for normative differentiation between
technical automation and legal responsibility for decisions made by algorithms.
Only by establishing such boundaries can the state preserve the principles of
justice, accountability, and human dignity in the digital era.
Recent legislative initiatives in Uzbekistan have introduced liability for the
dissemination of AI-generated content and have imposed certain restrictions on
automated actions. However, mechanisms for algorithmic auditing and the
mandatory participation of a human agent in critical decision-making processes
have not yet been formally institutionalized. This regulatory gap generates a
354
Weerts, H., Xenidis, R., Tarissan, F., Olsen, H.P. and Pechenizkiy, M. (2023)
Algorithmic Unfairness
through the Lens of EU Non-Discrimination Law: Or Why the Law is not a Decision Tree
. ACM Digital
Library. Available at: https://dl.acm.org/doi/10.1145/3593013.3594044
355
Sargeant, H. and Magnusson, M. (2024)
Formalising Anti-Discrimination Law in Automated
Decision Systems
. In: arXiv.
153
potential risk of reproducing social and regional inequalities within the digital
environment.
To mitigate such consequences, the legal response must include the formal
recognition of specific rights in legislation — notably, the right to explanation
and the right to human intervention in automated determinations.
sense, these rights must be
institutionalized
through the creation of mechanisms
for independent oversight, specialized supervisory bodies for algorithmic
accountability, and clear procedures for contesting digital outcomes and
administrative acts.
Only under such a framework can digital transformation reconcile the efficiency
of automation with the fundamental principles of fairness and equality. This
approach has been partially realized in the legal framework of the European
Union, where
Article 22
of the
General Data Protection Regulation (GDPR)
ensures a degree of transparency and accountability in automated systems.
a declarative right alone is insufficient: the more decisions are made
automatically—without reasoning, appeal, or human participation—the weaker
the legal subjectivity of citizens becomes.
Hence, growing concern surrounds the automation of law enforcement and
adjudication. The expanding use of algorithms in administrative and judicial
procedures—from electronic fines to the automatic adjudication of minor
offences—creates a real danger of the
“disappearance of the human being”
as a
subject of law. The principle of participation, which guarantees the opportunity
to be heard, to challenge a decision, and to obtain a reasoned justification, risks
being supplanted by technical expediency and formal efficiency.
Therefore, it is imperative to establish a
“right to the human”
in the digital
environment — a procedural safeguard ensuring that human agency remains an
essential element of legality and justice. Such a measure would enhance
democratic legitimacy, reinforce social solidarity, and prevent citizens from being
displaced from decision-making processes that directly affect their rights and
interests. Without institutional reinforcement of this kind, digitalization risks
356
European Commission (2021)
Proposal for a Regulation laying down harmonised rules on artificial
intelligence (Artificial Intelligence Act)
. COM (2021) 206 final, 21 April 2021.
357
European Union (2016)
Regulation (EU) 2016/679 of the European Parliament and of the Council
(GDPR)
.
154
degenerating into an
illusion of progress
, producing new forms of social and legal
inequality while masking injustice under the guise of technical optimization.
Only a systemic legal policy, founded upon the principles of data protection,
algorithmic transparency, mandatory human-in-the-loop participation, and the
institutionalization of the right to appeal automated decisions, can ensure
sustainable public trust in state institutions. Otherwise, the risks of algorithmic
discrimination and the erosion of legal subjectivity will accumulate, undermining
not only the effectiveness of digital reforms but also the very foundations of the
rule of law.
Accordingly, effective regulations of digital transformation must rely on
comprehensive legal mechanisms that balance technical expediency with the
preservation of citizens’ legal subjectivity. The foremost priority is reliable data
protection. In an environment where state and private entities increasingly collect
and process personal information, the
principle of informed consent
becomes a
core instrument of trust. This principle presupposes that citizens have the right to
be informed about the purposes and limits of data processing and possess genuine
control over how their data is used. Such a model prevents unilateral dependency
on technological systems and establishes a legal foundation for equitable
interaction between individuals and digital infrastructures.
Equally important is the requirement of algorithmic transparency. Automated
systems today make decisions that directly affect individuals — from the
allocation of social benefits and assessments of reliability to the imposition of
administrative sanctions. Yet, algorithms that function as “black boxes,” immune
to external verification, generate legal uncertainty and reduce accountability.
For this reason, it is logical to develop a legal policy framework that enshrines
the obligation of
algorithmic auditing
and creates
independent verification
mechanisms
capable of detecting systemic errors and bias. The consistent
development of these institutions should be accompanied by the human-in-the-
loop principle, ensuring human participation in all critical decision-making. This
preserves human judgment as the ultimate arbiter and prevents the total
autonomization of technology.
A logical continuation of the topic under discussion is the institutionalization of
the right to appeal automated decisions. If a citizen encounters a sanction or
358
European Commission (2023)
The AI Act: Ensuring Trustworthy AI
. Brussels.
155
access restriction caused by an algorithm, they must be able to initiate a review
and receive a reasoned explanation. Without enshrining this principle, there is a
risk of losing basic guarantees of justice, when the right to be heard is replaced
by technological expediency.
This is precisely why establishing a procedural mechanism for appeal becomes a
key element of trust in digital systems: it not only restores the balance between
the citizen and the system but also strengthens the legitimacy of the state,
demonstrating its willingness to subordinate algorithms to legal norms, and not
vice versa.
However, trust in the digital environment is built not only through control and
appeal mechanisms, but also through guarantees of equal access to digital
opportunities. Digital policy cannot be sustainable without integrating measures
to ensure digital inclusion. In Uzbekistan, significant disparities in access to
digital services persist between urban and rural regions, as well as between age
groups. If these barriers aren't removed, digitalization risks entrenching social
inequality instead of reducing it.
Therefore, the state must link the development of digital services with social and
regional policy measures: infrastructure expansion, educational programs, and
targeted support for vulnerable groups. This approach allows digitalization to be
viewed not simply as a technological project, but as an element of comprehensive
social development, where human rights and equal access become an integral part
of the digital strategy.
156
Chapter VII. Concepts and Guidelines of Future Legal Policy
§ 1. Legal Policy as a Factor of Legal Integration and Sustainable Identity
The legal policy of the future should not be perceived merely as a collection of
regulatory instruments or a formal set of prescriptive norms. It represents a
complex value-semantic system aimed at shaping a unified legal space, ensuring
inclusiveness and institutional sustainability, in which the central element is the
human being — his or her freedom, dignity, and trust in law. In this context, legal
policy performs a dual function: on the one hand, it regulates social relations; on
the other, it creates a platform for social consensus, legal socialization, and the
integration of diverse segments of society.
This value-oriented dimension of law naturally leads to the problem of the
axiological legitimacy of legal policy. Contemporary jurisprudence increasingly
questions whether law can exist outside a value paradigm and what constitutes its
fundamental foundations of legitimacy. According to a number of scholars, the
legitimacy of law is determined not only by formal norms but also by its
correspondence to society’s basic values — justice, transparency, and the moral
coherence of legislation.
From the analysis of their works, it follows that the
legitimacy of legal prescriptions depends on their ability to reflect the
fundamental values of the community. Such an approach forms the basis for
developing a legal policy in which norms and procedures are integrated with
axiological reference points, ensuring not merely formal but also socially
recognized compliance with the law.
Under conditions of digitalization, when new technologies affect private life and
social processes, this issue becomes especially relevant. The axiological
dimension of law determines the strategic direction of legal policy, allowing it to
combine its regulatory function with the transmission of public values such as
justice, trust, and social solidarity. Therefore, legal policy should not be confined
to abstract principles but serve as an instrument for strengthening legitimacy and
social justice, coordinating the interests of diverse social groups and legal
subcultures.
This theoretical orientation toward the value dimension of law finds concrete
expression in the philosophical-legal approaches of leading scholars. Thus, the
German jurist Rudolf Welker emphasized that law does not exist outside the
359
Alexy, R. (2002)
The Theory of Constitutional Rights
. Oxford: Oxford University Press; Cartabia,
M. (2009)
Europe and Rights: Taking Dialogue Seriously
. Cambridge: Cambridge University Press.
157
social context and that the stability of a legal system is possible only when it
reflects the basic values of society — trust, solidarity, and legitimacy.
Russian legal science, attention is drawn to the risk that, in the absence of
axiological foundations, law may degenerate into an instrument of coercion,
thereby losing its humanistic content.
The Uzbek scholar I.T. Tulteev similarly
stressed the need to reconcile traditional values with international human-rights
standards.
Hence, it becomes evident that the formation of an effective legal
policy requires the synthesis of international experience and national
characteristics, whereby the individual remains the central subject of law, and the
legal system ensures trust, legitimacy, and social cohesion.
In the scholarly debate, an opposite position also exists. Representatives of legal
positivism, including Hans Kelsen, insisted on the autonomy of law from morality
and values, arguing that normative “purity” is essential for predictability and
regulatory efficiency.
However, the experience of transitional societies
demonstrates that a purely normative approach proves limited: law does not exist
in a vacuum, and its effectiveness largely depends on public trust, justice, and
respect for human dignity. It is precisely this tension between formal
predictability and value-based legitimacy that makes the analysis of states
undergoing institutional and socio-legal reforms particularly significant.
In comparison with other post-Soviet states, Uzbekistan demonstrates a specific
trajectory: in recent years, its legal policy has increasingly acquired an axiological
dimension. The adoption of the
Uzbekistan–2030 Development Concept
, the
reform of the judicial and legal system, and the institutionalization of the
principles of the rule of law and respect for the individual testify to a transition
from declarative affirmation of norms to their practical implementation. In this
way, law in the Republic ceases to be merely an instrument of authority and
becomes a public process open to the participation of citizens, experts, and civil-
society institutions.
This dynamic is confirmed by empirical evidence: public-opinion surveys reveal
a high level of awareness among the population of their constitutional rights and
an expectation not only of formal adherence to procedures but also of protection
360
Welker, R. (2019)
Rechtsphilosophie und Gesellschaft
. Berlin: Springer, p. 88.
361
Nersesyants, V.S. (2020)
Philosophy of Law and Legal Policy
. Moscow: Jurist, p. 73.
362
Tulteev, I.T. (2004)
Legal Policy and Legal Forecasting: Correlation, Interrelation and Problems of
Improvement
, In: Khukuk, Pravo, Law, 3, pp. 16–17.
363
Kelsen, H. (1967)
Pure Theory of Law
. Berkeley: University of California Press, p. 120.
158
of human dignity, fair application of norms, and respectful treatment by law-
enforcement and judicial bodies. According to a study by the “
Ijtimoiy Fikr
”
Center for Public Opinion Research, 71.8% of respondents expressed confidence
in the restoration of their rights when appealing to a court, and 93.8% believe that
citizens’ rights are ensured and protected.
In our view, the results obtained confirm that trust in law is formed not so much
through the effectiveness of sanctions as through the legal system’s ability to meet
society’s fundamental value-based needs. Public perception of reform thus serves
as an indicator of the success of law’s axiological transformation and emphasizes
the need to integrate the value dimension into the strategy of legal policy.
Additional sociological data point to a growing social demand for justice,
respectful treatment of the individual, and the humanization of law-enforcement
practices. Most respondents stress the importance of combining the strengthening
of public order with guarantees of equality, transparency, and consideration of
public opinion in decision-making. Consequently, modern society expects the
legal system not only to comply formally with procedures but also to reflect deep-
seated value orientations, transforming law into an instrument of social
integration.
From the foregoing, it may be concluded that the legal policy of the future must
be formed on the synthesis of legal rationalism and social empathy, combining
pragmatism with a humanistic approach. In this understanding, law appears not
only as a regulator of behavior but also as an instrument for institutionalizing
collective expectations, emotions, and historical memory, while legal norms
acquire the quality of emdiving justice, legitimacy, and moral coherence.
This idea is especially relevant for modern Uzbekistan. The renewed Constitution
has established the trajectory of building a democratic, legal, and social state,
articulating value benchmarks that can serve as the foundation for the
modernization of social relations. However, these provisions have not yet taken
the form of a unified long-term program defining the strategic priorities of legal
development. The absence of such a document reduces the effectiveness of
constitutional provisions and limits the potential for their practical realization.
Legal scholarships in the country have already proposed certain approaches to
364
Center for Public Opinion Research "Ijtimoiy Fikr" (2023)
Survey Results “Human Rights and
Freedoms: Assessments, Opinions, and Attitudes”
, August–September 2023. Available at:
https://ijtimoiyfikr.uz
159
solving this problem. Domestic literature has made attempts to substantiate the
conceptual foundations of legal policy, including reform of the legislative and
representative branches, improvement of public administration, development of
civil-society institutions, and protection of social rights.
remain fragmented. Without their integration into a single system, it is impossible
to ensure a consistent and sustainable movement toward a fully developed rule-
of-law state.
To identify models applicable to Uzbekistan, it is essential to examine the
international experience of other countries. Thus, in Russia, as early as 2001, the
Concept of Legal Policy
was adopted, setting long-term guidelines for the
development of legislation.
In Kazakhstan, a similar document has been
repeatedly updated, evolving into a kind of “roadmap” for reforms.
European Union,
White Papers
and
Green Papers
perform an analogous
function
, while in the United States, national programs in the fields of justice
and security play this role.
These examples vividly demonstrate that systematic
planning of legal strategy constitutes an indispensable instrument of a mature
state, ensuring consistency between legislative initiatives and strategic objectives.
At the same time, it is important to emphasize that we are not speaking about
formal documents but about effective mechanisms of governance capable of
ensuring the predictability of reforms and coordination of governmental actions.
Therefore, the study and adaptation of international experience serve as a
reference point for the creation of an effective legal policy capable of addressing
the specific tasks of both the state and society.
In the context of Uzbekistan, this means the need to develop its own Concept of
Legal Policy, uniting the accumulated experience and setting long-term priorities.
Such a document would make it possible to transform constitutional provisions
into a consistent plan of action, enhancing the transparency and predictability of
the legal system and strengthening citizens’ trust in public institutions. In other
365
Rakhmankulov, M.Kh. (ed.) (2017
) Legal Policy of the Republic of Uzbekistan in the Context of
Democratic Renewal of the Country (Conceptual Foundations)
. Tashkent.
366
Russian Federation (2001)
Concept of Legal Policy of the Russian Federation (approved by the
President of the Russian Federation on October 9, 2001)
, In: Rossiyskaya Gazeta, 196.
367
Republic of Kazakhstan (2021)
Concept of Legal Policy of the Republic of Kazakhstan until 2030
(approved by Presidential Decree No. 949 of September 20, 2002; revised 2009, 2021)
. Astana.
368
European Commission (2001)
White Paper on Governance
. Brussels: European Union.
369
U.S. Department of Justice (2022)
Strategic Plan for Fiscal Years 2022
–
2026
. Washington.
160
words, this plan could become a link between the formal legal foundation and the
practical mechanisms of its implementation.
The formation of a national strategy of legal development is now an objective
necessity. Current practices — excessive reliance on subordinate legislation,
persistent formalism, overburdened courts, and the remaining repressive elements
of the criminal-procedural model — continue to undermine public confidence in
state institutions. Unless these systemic deficiencies are remedied, it will be
impossible to build a full-fledged rule-of-law state based on the principles of
justice, humanism, and the supremacy of law.
The development of a long-term programmatic document such as a
Concept of
Legal Policy
would make it possible to overcome regulatory fragmentation and
move from situational decisions to a sustainable model of development. First,
such a strategic benchmark would provide a basis for systemic and
comprehensive regulation aimed at ensuring the rule of law through regulatory
impact assessment, parliamentary oversight of lawmaking, and strengthening the
role of the judiciary as an independent arbiter. Second, it would serve as a tool
for the modernization of criminal-law policy, facilitating a shift from a punitive
approach to a balanced and equitable model. Third, the social sphere would
become a key direction: international experience (the models of the social state
in Germany and the Nordic countries) demonstrates that it is through legal
mechanisms that redistribution of benefits, decent work, and access to social
services are guaranteed. Such a conceptual framework could thus form the
foundation for developing Uzbekistan’s own model of a social state, where the
constitutional principle of social justice acquires real mechanisms of
implementation.
Alongside the social sphere, digital transformation is gaining increasing
significance. The experience of the European Union — particularly the
General
Data Protection Regulation (GDPR)
, and recent initiatives concerning the
Artificial Intelligence Act
— convincingly demonstrates that a modern rule-of-
law state must simultaneously stimulate innovation and protect individual
rights.
Under national conditions, the legal framework of the future should seek to
establish a balance between technological progress and the guarantees of citizens’
370
European Commission (2021)
Proposal for a Regulation laying down harmonized rules on artificial
intelligence (Artificial Intelligence Act)
. Brussels.
161
rights. It is precisely in the sphere of digitalization that the maturity of a legal
system is tested — its capacity to keep pace with technological change while
maintaining its normative and ethical integrity.
Another domain requiring conceptualization is the fight against corruption. In
several countries of Eastern Europe and in Singapore, comprehensive measures
have proved effective: transparency in public procurement, mandatory income
declaration, and tax instruments against illicit enrichment.
practices to the national context would not only strengthen public and business
confidence in the legal system but would also create prerequisites for a real
increase in administrative efficiency. At the same time, anti-corruption policy
cannot be effective without an international dimension, as financial flows and
corruption schemes are increasingly transnational.
It is for this reason that the global aspect of the future document acquires critical
importance. In an era of interdependence among states, aligning national
legislation with international commitments, while maintaining the capacity to
protect national interests and prevent legal conflicts, becomes essential. In this
context, the legal dimension of anti-corruption policy forms an integral part of
strategic planning of the national legal system, setting its trajectory toward
transparency and accountability.
Parallel to these transformations, the value foundations of legal policy are being
reinterpreted: the focus is gradually shifting from formal stability of legal order
toward the pursuit of justice, inclusiveness, and public trust in institutions. The
Concept of Legal Policy
should therefore be seen not merely as a set of technical
measures, but as an ideational and institutional guideline that unites politics and
law, national priorities and international standards, pragmatism and the value
dimension of reform.
Such an understanding naturally leads to the question of the role of interpretation
in legal policy — as a mechanism ensuring not only the coordination of norms
but also the revelation of their semantic potential in the context of social change.
As the French sociologist Manuel Castells observed, “Power lies not in those who
write the rules, but in those who interpret their meaning.
strategy, this means that the effectiveness of norms is determined not by their
371
Quah, J.S.T. (2011)
Combating Corruption in Asian Countries: Learning from Success and Failure
.
Singapore: ISEAS Publishing.
372
Castells, M. (2016)
The Power of Identity
. Moscow: Higher School of Economics, p. 460.
162
formal existence, but by the extent to which they are embedded in the collective
meanings and expectations of society.
A similar idea finds further development within legal doctrine. As V.V. Lapaeva
notes, the value foundation distinguishes legal policy from legal technology: it is
not an algorithm but a compass; not an instruction, but a bearer of axiological
meaning that defines the boundaries of legitimacy and the level of legal
consciousness in society.
These theoretical conclusions are corroborated by empirical data. According to a
study conducted by the UNDP, only 44 percent of the population in Uzbekistan
had sought legal assistance within the past three years, and only one in five had
used the services of a professional lawyer. More than half of respondents cited
the high cost of legal services as the main obstacle, while one-third pointed to
insufficient awareness of available protection mechanisms.
follows, first, that the value orientation of legal policy manifests itself not in
abstract formulations but in the state’s capacity to respond to the real social needs
of citizens. Second, the future Concept of Legal Policy must become a practical
instrument for enhancing legal literacy and ensuring access to justice.
In this context, vulnerable social groups acquire particular significance, as their
position serves as a sensitive indicator of the effectiveness of state legal policy. A
joint study by UNDP and UN Women found that women and youth more often
encounter discrimination when addressing state institutions, while persons with
disabilities and labor migrants face barriers linked to limited infrastructure and
lack of access to information.
Furthermore, the study identified differences in
the types of legal problems: women are more frequently affected by family and
inheritance disputes; young people — by issues of employment and labor
contracts; and persons with disabilities — by restricted access to social and
administrative services.
This internal differentiation of social risks is also confirmed by international
assessments. In particular, the annual Common Country Analysis of the United
Nations notes a substantial gap between proclaimed guarantees and actual access
373
Lapaeva, V.V. (2021)
Legal Policy: Boundaries and Horizons
. Moscow: Norma, p. 19.
374
UNDP (2024)
Legal Needs Assessment: Access to Justice and Legal Empowerment in Uzbekistan
.
Tashkent.
375
UNDP & UN Women (2023)
Access to Justice for Vulnerable Groups in Central Asia: Regional
Report
.
163
to justice.
Hence, along with ensuring equal access to judicial protection, a key
priority of legal policy must be the elimination of financial and procedural
barriers and a systematic increase in legal awareness among the population.
Otherwise, the risks of social dissatisfaction and deepening inequality are likely
to intensify.
In light of these challenges, we believe that the strategic objective of Uzbekistan’s
legal policy should not be the mechanical tightening of regulations, but rather the
creation of an institutional system of guaranteed legal assistance that secures
citizens’ rights and interests in practice. This conclusion implies that ongoing
reforms in the country must include the development of alternative dispute
resolution mechanisms, systematic enhancement of legal literacy, and special
protection mechanisms for vulnerable groups. The successful implementation of
these objectives will determine whether the law evolves from a mere formal norm
into an instrument of public trust.
Institutional measures alone cannot succeed without a rethinking of the value
foundations of legal policy. International legal doctrine — represented by
scholars such as R. Dworkin, J. Finnis, N. MacCormick, and R. Alexy —
demonstrates the priority of morally enriched law over formalism.
this approach, we argue that legal policy should be understood not only as a
system of normative regulation but as a form of moral and juridical reflection
oriented towards the future development of society.
It follows that the development of legal policy is impossible without taking into
account two interrelated factors — value pluralism and technological
transformation.
First, the legal system must ensure the harmonious coexistence of diverse social
groups and legal cultures, combining national traditions with international
standards of human rights and the rule of law. Second, the rapid development of
digital technologies and algorithmic decision-making is changing the very nature
of legal subjectivity and responsibility, requiring the timely renewal of the
conceptual apparatus of law and a revision of guarantees for the protection of the
376
United Nations (2023)
Common Country Analysis: Uzbekistan
.
377
Dworkin, R. (1986)
Law's Empire
. Cambridge, MA: Harvard University Press; MacCormick, N.
(2005)
Rhetoric and the Rule of Law: A Theory of Legal Reasoning
. Oxford: Oxford University Press;
Alexy, R. (2002)
A Theory of Constitutional Rights
. Oxford: Oxford University Press; Finnis, J.
(1980)
Natural Law and Natural Rights
. Oxford: Clarendon Press.
164
individual. Otherwise, the state risks becoming a reactive actor, losing its
initiative in the sphere of regulation.
In the national context, this requires strengthening legal policy as a platform of
integration, where human rights, social equality, and justice become the internal
components of the national development strategy. Such an understanding of the
mission of the state opens the way toward a broader conception of legal policy —
not as “law as text,” but as a practice of recognition and communication, oriented
toward social values and strategic development. In the spirit of Axel Honneth’s
concept
, this approach implies a shift from a static to a dynamic perception of
law — from the fixation of norms to their continuous interpretation and
embodiment in public consciousness.
In this process, the key lies not only in the formal consolidation of legal norms
but also in legal socialization, the strengthening of trust in institutions, and the
formation of a new culture of participation. Empirical data from the UNDP Legal
Needs Assessment confirm the relevance of this approach: the majority of citizen
appeals concern family and marriage disputes (36%), labor conflicts (27%), and
housing rights (22%), while a significant portion relates to problems with access
to social benefits and healthcare (18%).
This underlines the necessity of a policy that takes into account real channels of
citizen communication and their expectations, ensuring the priority of
institutionally guaranteed procedures over informal practices. Thus, the viability
of legal policy must be evaluated not only by the quality of legal texts but also by
the degree to which law functions as a medium of recognition and justice in
everyday life. The key criterion of its effectiveness, therefore, lies in the state’s
ability to listen to society and respond to its real needs.
From this standpoint, the social portrait of law in Uzbekistan demonstrates an
ambivalent dynamic. On one hand, public awareness of basic rights is growing,
and legal literacy is increasing: according to data from the “Ijtimoiy Fikr” Center,
79.3% of respondents reported an improved understanding of their constitutional
rights — including the right to education, freedom of religion, healthcare, and
378
Honneth, A. (2011)
Das Recht der Freiheit: Grundriß einer demokratischen Sittlichkeit
. Berlin:
Suhrkamp Verlag.
379
UNDP Uzbekistan (2024)
Legal Needs Assessment: Access to Justice and Legal Empowerment in
Uzbekistan
. Tashkent.
165
protection of personal data.
At first glance, these results confirm that
institutional and educational measures are yielding positive effects.
On the other hand, international rankings indicate the persistence of structural
challenges. According to the World Justice Project Rule of Law Index (2023),
progress was observed in the area of order and security. However, as per Index
weaknesses remain with regard to constraints on government powers and the
protection of fundamental rights.
According to Freedom House (2024),
Uzbekistan remains in the category of “Not Free” states, with restrictions on the
independence of the judiciary and freedom of expression.
This status indicates that, despite formal institutionalization, existing legal
institutions are not always perceived as fair and effective, which directly affects
the level of public trust in state authorities.
Public distrust is manifested in inconsistent evaluations of the performance of
institutions responsible for the protection of rights: some are regarded as
transparent and efficient, while others are criticized for selective enforcement and
limited openness. This ambivalence reveals a gap between the formal norm of
law and its practical implementation, forming a basis for skepticism and
underscoring the need for a unified standard of justice and equal access to rights.
Given the identified systemic deficiencies, Uzbekistan’s legal policy must evolve
along two interdependent trajectories that reinforce one another. The first
direction involves improving legislation in accordance with social dynamics and
international human rights standards. Such modernization ensures predictable,
fair, and consistent law enforcement, while strengthening the correspondence of
legal norms to contemporary public expectations and enhancing citizens’ trust in
the legal system.
The second direction is the development of institutional and educational
mechanisms of legal consciousness. This includes systematic legal education,
improved transparency in the activities of law enforcement bodies, and the
introduction of citizen feedback mechanisms. The synchronization of these
380
Republican Center for Public Opinion Research "Ijtimoiy Fikr" (2023)
Human Rights and Freedoms:
Assessments, Opinions, and Attitudes
. Tashkent. Available at: https://ijtimoiyfikr.uz
381
World Justice Project (2023)
Rule of Law Index 2023
. Washington, D.C.
382
Freedom House (2024
) Freedom in the World 2024: Uzbekistan
. Available at:
https://freedomhouse.org/country/uzbekistan/freedom-world/
166
measures helps overcome the gap between the legal text and its social perception,
fostering civic trust and participation.
The practical implementation of this dual strategy is most clearly reflected in
efforts to guarantee equal access to justice and to create a transparent and efficient
judicial system. Within this framework, the expansion of ombudsman institutions
and community mediation plays a crucial role, complemented by the
strengthening of digital rights and personal data protection, reflecting growing
societal demands for security, accountability, and fairness in the information
sphere.
At the same time, in our view, legislative initiatives and institutional and
educational measures cannot be viewed as autonomous processes isolated from
one another. Their interaction forms a unified functional system, in which the
mutual reinforcement of these components is key to building sustainable public
trust in the legal system and enhancing its effectiveness. It should be emphasized
that ignoring the synergy between legislative and educational measures leads to
formalism and the transformation of law into a dry regulator devoid of social
content. It is clear here: law demonstrates its strength and legitimacy only through
the integration of rulemaking and educational institutions.
Taken together, the coordinated development of legislation, institutions, and legal
awareness creates the foundation for the formation of a unified standard of justice,
the enhancement of legal culture, and the provision of equal access to all citizens'
rights. Experience shows that social distrust of laws directly correlates with the
quality of their implementation. Therefore, we believe that trust in the law does
not arise spontaneously. It requires systemic institutional work, monitoring the
level of legal literacy, expanding non-discrimination norms, and fostering a legal
culture from an early age. It is through these mechanisms that citizens' conscious
participation in legal affairs is fostered, which is a necessary condition for
strengthening trust in state institutions and increasing the effectiveness of the
entire system.
Note that the expansion of the legislative framework for environmental
responsibility and intergenerational equality demonstrates the functional
transformation of the law. It ceases to be a visible instrument for regulating
current social relations and is becoming a means of ensuring the long-term
sustainability of society and intergenerational balance. Consequently, the law, as
a value system, must integrate the interests of the individual, society, and the state,
167
while remaining sensitive to social change and open to inclusiveness. Any attempt
to limit its role to merely operational regulation inevitably reduces the legitimacy
and effectiveness of the system. Based on the above, it can be argued that the
effectiveness of the legal system is only possible with a systematic and
coordinated approach, in which legislation, institutional mechanisms, and the
development of legal awareness function as a unified whole. Only with such
integration can a solid foundation be created for sustainable public trust, a high
level of legal culture, and its full functioning.
§ 2. Models and Scenarios for the Development of Legal Policy in Uzbekistan
The development of the legal system in contemporary conditions requires not
only the formal improvement of legislation but also the conscious integration of
social values into law enforcement practice. An analysis of national experience
shows that formal norms and proclaimed standards often prove insufficiently
effective without clearly structured mechanisms of institutionalization and
consideration of public expectations. In this regard, there arises a need for
conceptual approaches capable of linking legislative initiatives, social
orientations, and institutional practices into a unified functional system that
ensures the real implementation of justice and strengthens citizens’ trust in state
institutions.
Based on the identified gaps in the institutionalization of value orientations,
modern legal thought offers several models capable of transforming the
functional essence of legal policy into a value-oriented structure: Rule of Law
2.0, value-based legal engineering, inclusive legal policy, and the digital ethics-
centered model. Their implementation in national practice depends on the level
of institutional maturity, social dynamics, and the degree of citizens’ trust, which
makes these approaches a key resource for strengthening the legal architecture of
the state, taking into account its cultural and historical specificities and the
evolution of public expectations.
Particularly significant is the concept of Rule of Law 2.0, in which the rule of law
is understood not through the prism of formal legalism but through the practical
realization of justice. In the spirit of Amartya Sen, the assessment of justice
should be based on actual outcomes for the most vulnerable social groups rather
168
than merely on formal procedures.
A system that formally corresponds to the
standards of justice may, in practice, prove ineffective if it fails to protect those
who need it most. These ideas are further developed in the works of B.Z.
Tamanaha and T. Carothers, who consider law as an instrument of accountable
and transparent governance and emphasize the necessity of moving from
legalistic rhetoric to the real protection of human dignity, human rights, and social
justice.
The application of such approaches in national legal practice reveals a
pronounced contradiction between the proclaimed standards and the actual
mechanisms of their implementation. Under conditions of large-scale
constitutional reforms, mechanisms for institutionalizing value orientations
remain unstable and fragmented, which manifests itself in the episodic character
of public hearings, expert platforms, and the participation of the academic
community in the law-making process. Consequently, the state faces constraints
in effectively considering social expectations and integrating societal values into
law enforcement practice—an issue that underscores the need for a systemic
approach.
In this respect, the formation of a value-oriented legal policy acquires strategic
importance. It becomes a key direction for ensuring the real legitimacy of law,
strengthening citizens’ trust, and realizing the proclaimed standards of justice in
practice. Such a policy requires not only the legislative entrenchment of
principles but also the creation of institutional instruments capable of integrating
normative frameworks with social orientations. This synthesis ensures the
coordinated and sustainable functioning of the legal system, transforming
declarative norms into genuinely operational mechanisms.
The objective necessity of such mechanisms is empirically confirmed by surveys
conducted by the Gallup World Poll, according to which the countries of Central
Asia demonstrate a consistent decline in public trust toward judicial
institutions.
This trend highlights the urgency of constructing new models of
legitimizing power and law that ensure genuine interaction with society and
reflect its value orientations in legislative and institutional decisions.
383
Sen, A. (2009)
The Idea of Justice
. Cambridge: Harvard University Press.
384
Tamanaha, B.Z. (2006)
Law as a Means to an End: Threat to the Rule of Law
. Cambridge:
Cambridge University Press; Carothers, T. (2006)
Promoting the Rule of Law Abroad
. Washington,
D.C.: Carnegie Endowment for International Peace.
385
Gallup World Poll (2024)
Central Asia Justice and Legal Aid Survey 2024
.
169
The results of these studies reinforce the conclusions of legal realists: institutional
reforms alone are insufficient. Without increasing trust in the courts, eradicating
corruption, and overcoming the phenomenon of “telephone justice”, the
effectiveness of the judiciary as a mechanism for restoring violated rights remains
limited, and any declarations of justice risk remaining nominal.
The deficit of institutional trust is particularly evident in remote regions, where
weak legal infrastructure and limited access to justice intensify social
vulnerability and create a sense of alienation among citizens. In such conditions,
it becomes evident that formal reforms without consideration of value dimensions
and the social sensitivity of law cannot provide sustainable legitimacy. Justice,
therefore, risks being perceived as a distant, formalized procedure devoid of
social significance.
International metrics and analytical reports from recent years confirm the
persistence of a trust deficit within Uzbekistan’s legal system. Analysis of Rule
of Law and Corruption Perception Index (CPI) indicators demonstrates that
despite progress in institutional modernization, citizens’ confidence in justice
remains low. According to the World Justice Project (WJP) Rule of Law Index
2025, Uzbekistan ranks in the lower third among 142 countries, showing only
moderate improvement compared to neighboring states.
Worldwide Governance Indicators (2025) register stagnation in the “Rule of
Law” component
, while Transparency International’s CPI 2024
persistently low levels of institutional trust.
A more detailed breakdown of the WJP index reveals that the greatest challenges
lie in civil justice and checks on executive power. Access to justice remains
limited, and case proceedings continue to face delays. The efficiency of
parliamentary and judicial oversight is also assessed as low, whereas the state’s
ability to maintain public order is rated relatively high. This imbalance between
stability and fairness generates a systemic risk of institutional distrust that cannot
be compensated solely for through administrative or coercive measures.
Thus, these indicators reveal not an abstract but a measurable and evolving
phenomenon of public distrust, requiring a comprehensive approach. Legislative
improvement must be accompanied by institutional reforms and the cultivation
386
World Justice Project (2025)
Rule of Law Index 2025
.
387
World Bank (2025)
Worldwide Governance Indicators 2025: Rule of Law
.
388
Transparency International (2024)
Corruption Perceptions Index 2024
.
170
of legal consciousness among citizens. Only through such integration can one
speak of the genuine legitimacy of the legal system and its ability to reflect
societal value orientations, ensuring predictability, justice, and the sustainability
of law enforcement practices.
Against this background, academic debates in legal theory acquire particular
importance. As Ronald Dworkin argued, law cannot be reduced to a mere set of
rules; it represents “an integrated system of principles and values” that give
meaning and legitimacy to law enforcement.
Habermas linked the sustainability of law with the mechanisms of public
discourse: only those norms that pass through communicative deliberation and
are perceived by society as just can ensure genuine legitimacy.
These theoretical postulates provide a universal analytical framework for
examining modern legal systems, further developed in post-Soviet legal thought.
Thus, L.A. Alekseeva emphasizes that legal policy must be embedded within
constitutional goals and social reality, rather than limited to formal administrative
functions.
V. V. Lapaeva supplements this approach by noting that law which
has lost its value dimension inevitably becomes alienated from the individual and
loses citizens’ trust.
A comparative analysis makes it clear that while Dworkin and Habermas
articulate the general theoretical framework of the value-oriented approach,
Alekseeva and Lapaeva adapt and expand it within the post-Soviet context —
where the problem of institutional trust remains especially acute.
Consequently, both Western and Russian theoretical traditions converge on a key
conclusion: without the integration of values into legal policy, sustainable
development of the rule of law and legitimacy of state power cannot be achieved.
In the national context, these insights reveal that the crisis of trust cannot be
overcome through legislative modernization alone. It is necessary to
389
Dworkin, R. (1986)
Law's Empire
. Cambridge, MA: Harvard University Press.
390
Habermas, J. (1996)
Between Facts and Norms: Contributions to a Discourse Theory of Law and
Democracy
. Cambridge: Polity Press.
391
Alekseeva, L.A. (2021)
The Ethical Dimension of Legal Policy: From Legality to Legitimacy
, In:
State and Law, 6, pp. 5
–
17.
392
Lapaeva, V.V. (2018)
The Correlation Between Law and Justice in the Libertarian Theory of V. S.
Nersesyants
, In: Proceedings of the Institute of State and Law, RAS, 13, pp. 9–36.
393
Alekseeva, L.A. and Lapaeva, V.V. (2019)
Legal Policy and Social Reality: An Integrative
Approach
. Moscow: Jurist.
171
institutionalize civic participation in lawmaking and law enforcement, ensuring
transparency and dialogical procedures.
At the same time, the shift from Hans Kelsen’s formalist model of law
value-based understanding allows for the inclusion of cultural and social codes
of society. The concept of “value-based legal engineering” interprets norms not
merely as technical constructs, but as “memes” — cultural patterns and
behavioral models that sustain social stability and shape the ethical architecture
of society.
From this perspective, legal policy transcends managerial functions
and acquires a strategic role in reproducing the moral and cultural core of society
and consolidating public trust in institutions.
Thus, the formula for success lies in a comprehensive synthesis of institutional
reforms, value-centered design, and civic participation in norm-making. The
creation of stable forms of public norm creation becomes a key direction of
national strategy, ensuring society’s continuous involvement in shaping rules,
standards, and mechanisms of law enforcement.
This approach helps to overcome legal nihilism, strengthen institutional
legitimacy, and enhance the social responsiveness of law, transforming it from a
formal regulator into an instrument of realizing deeply rooted cultural and ethical
values. The experience of Central European countries confirms the effectiveness
of such mechanisms: integrating value orientations into legislative processes,
institutionalizing dialogue with civil society, and regularly monitoring public
sentiment have allowed these nations to develop legal systems that are not only
technically sound but also axiologically resilient.
Therefore, value-based legal engineering, grounded in systemic legitimation
through civic institutions, serves as a decisive tool for strengthening trust in
justice within transitional societies. A complex combination of institutional
reforms, active civic participation, and the value orientation of legal norms create
conditions for building a legal system that reflects social reality and ensures
justice, equality, and humanism in practice.
394
Kelsen, H. (1945)
General Theory of Law and State
. Cambridge, MA: Harvard University Press.
395
Dawkins, R. (1976)
The Selfish Gene
. Oxford: Oxford University Press; Blackmore, S. (1999)
The
Meme Machine
. Oxford: Oxford University Press; Shifman, L. (2014)
Memes in Digital Culture
.
Cambridge, MA: MIT Press; Gabor, L. (2012)
Creativity and Cultural Evolution
. Toronto: University
of Toronto Press.
396
European Commission (2023)
Eurobarometer Survey on Trust in Justice Systems
. Brussels.
172
In this regard, free and equal access to justice becomes the cornerstone of
inclusive legal policy, ensuring not only formal equality but also the genuine
realization of human dignity.
Since 2016, Uzbekistan has undertaken consistent steps toward developing a
system of free legal aid, which serves as a key element in ensuring citizens’
equality before the law. This mechanism contributes to reducing social inequality,
strengthening public trust in state institutions and making legal protection
accessible to socially vulnerable groups.
International experience confirms its effectiveness: according to UNDP and the
European Union, the introduction of free legal aid programs promotes not only
social stability but also an increase in civic engagement and economic activity
among the population.
At the national level, priority direction is the institutional consolidation of this
mechanism as a permanent element of legal policy, i.e. ensuring sustainable
funding, expanding digital access channels, and introducing independent quality
assessment for legal services. University-based legal clinics and joint initiatives
with UNDP form the foundation for a fairer distribution of legal resources.
However, several limitations remain — primarily insufficient funding and low
availability of qualified legal assistance. Only 8.6% of citizens can afford paid
legal services, reflecting structural inequality and limited effectiveness of existing
mechanisms of legal protection.
Under these circumstances, an essential step is the expansion of state and
partnership programs for subsidized legal aid, ensuring real access of citizens to
justice and reinforcing trust in the legal system as a guarantor of fairness. A deficit
of such mechanisms restricts the practical realization of rights and undermines
the legitimacy of the rule of law, creating risks of institutional distrust.
Accordingly, the effective implementation of an inclusive justice model requires
a comprehensive approach. This includes the introduction of mobile legal clinics,
the development of the ombudsman institution, the organization of circuit courts,
and the adaptation of state policy to regional particularities. Equally important is
397
UNDP and European Union (2023)
Free Legal Aid and Access to Justice: Regional Assessment
Report
. Brussels
–
New York: UNDP Publishing.
398
UNDP Uzbekistan (2025)
Legal Needs Assessment Report
. Tashkent: UNDP.
173
the combination of formal and informal mechanisms of legal support, the
promotion of legal literacy, and the consistent strengthening of the rule of law.
Only such integration of tools can turn declarative norms into functioning
mechanisms of rights protection, fostering sustainable public trust in the legal
system and achieving a balance between stability and justice.
In the digital era, legal systems are undergoing a profound transformation under
the influence of technology. As Niklas Luhmann noted, law functions as
mechanism for reducing social complexity through codes of communication.
Today, these codes are increasingly being supplemented or replaced by
algorithms, creating new challenges: the opacity of algorithmic decision-making
threatens the principle of legal certainty and public trust in the justice system.
Shoshana Zuboff emphasizes that “surveillance capitalism” establishes a new
logic of power in which data become instruments of social control.
developments are not abstract, they generate specific legal problems that demand
a rethinking of traditional approaches to regulation.
In this context, legal scholarship has begun to actively discuss the concept of
“algorithmic law,” which implies the need to regulate artificial intelligence in the
legal sphere.
The debate remains divided: while some scholars view algorithms
as tools to increase objectivity and efficiency in justice, others consider them a
source of risk.
Cathy O’Neil warns that algorithms embedded in judicial decision-making can
reproduce social inequality and undermine democratic institutions.
global observations directly indicate the necessity of establishing standards of
transparency and accountability, as reflected, for instance, in the European
Union’s Artificial Intelligence Act.
Transferring successful international practices to the national context requires
careful consideration of local realities. Uzbekistan, which is actively developing
399
Luhmann, N. (2003)
Social Systems Theory
. Moscow: Akademicheskiy Proyekt.
400
Zuboff, S. (2020)
The Age of Surveillance Capitalism: The Fight for a Human Future at the New
Frontier of Power
. Moscow: Alpina Publisher.
401
Riedl, A. (2022)
Algorithmic Law: Towards a Governance Framework for Artificial Intelligence
.
Cambridge: Cambridge University Press.
402
O'Neil, C. (2016)
Weapons of Math Destruction: How Big Data Increases Inequality and Threatens
Democracy
. New York: Crown Publishing Group.
403
European Union (2024)
Artificial Intelligence Act: Regulation of the European Parliament and of
the Council laying down harmonised rules on Artificial Intelligence
. Brussels: Official Journal of the
European Union.
174
its digital infrastructure, has established a strategic course within the “Digital
Uzbekistan – 2030” program, aimed at the implementation of e-government, the
automation of judicial processes, and the expansion of citizens’ access to digital
services.
While the priorities of digitalization largely correspond to European practice,
direct borrowing of models does not guarantee success. The national legal and
institutional environment presents specific challenges: the use of biometric
systems, artificial intelligence, and big data raises concerns among experts about
personal data protection and algorithmic bias.
At the same time, the current state strategy demonstrates a technocratic bias,
prioritizing the speed of implementation and quantitative performance indicators
over the development of normative and ethical foundations. Such an approach
creates the risk that human rights and ethical-legal discourse may lag behind
digital transformations, thereby reinforcing the potential for reproducing social
inequality and the discrimination of certain population groups.
Therefore, the digitalization of the legal system requires not only technological
modernization, but also the integration of ethical, legal, and value-based
mechanisms. Without this integration, any technical innovation risks becoming
merely a tool of administrative control, failing to guarantee genuine justice and
transparency. Only the comprehensive combination of technological, normative,
and institutional solutions can create the necessary conditions for legitimacy in
digital processes and for the sustainable trust of society in the legal system.
Against this background, a key institutional dilemma emerges: the choice of
priorities in digital transformation. International experience demonstrates that a
policy focused solely on efficiency, without embedding value-based safeguards,
inevitably leads to a decline in public trust and the intensification of social
tensions.
In other words, at the level of state policy, there is a need to develop
strategies that integrate technological innovation with human rights and ethical
mechanisms, ensuring transparency, accountability, and the protection of citizens’
rights in the digital environment. Only such an equilibrium between technological
advancement and ethical oversight can turn digitalization into a genuine
instrument of sustainable public trust in the legal system.
404
European Commission (2021)
Proposal for an Artificial Intelligence Act (AI Act)
. Brussels:
European Commission.
175
The practical significance of this approach is confirmed by contemporary
research in legal theory: without value integration, digital reforms risk
degenerating into purely technical measures, incapable of ensuring long-term
social resilience. The ongoing debate between traditionalists, such as Hans
Kelsen, and axiological modernists, including Abdusalom Guseynov and
Amartya
Sen illustrates that value neutrality in law, under conditions of low
public trust and limited access to justice, is insufficient for the effective
integration of society into the digital legal environment.
In the current situation, the best strategy for the republic appears to be adapting
the European model with an emphasis on human rights and ethics-centered
discourse.
First
, this model is consistent with the policy of building a "just social
state," enshrined in the new Constitution.
Second
, focusing on a value-based institutional model allows for the
harmonisation of technological progress with the principles of social justice and
human rights, which is critically important in the context of emerging institutions
of trust.
Third
, relying on European experience creates the opportunity for Uzbekistan's
integration into the international legal space and attracting investment, as the
availability of reliable guarantees of digital rights is an important factor for global
businesses and international organizations.
Implementing this strategy requires the synthesis of four strategic and
complementary areas: institutional strengthening (
Rule of Law 2.0
); value-based
legal design; and inclusiveness and protection of digital rights.
This complex approach manifests itself in strengthening the independence of the
judiciary, reforming law enforcement agencies, developing mechanisms for
genuine access to justice for marginalized groups, and creating reliable
guarantees of digital personal security.
It is precisely this kind of synthesis that leads to the choice of an ethically-
centered European model of the welfare state. It allows for the combination of
technological innovation with ethical standards of integrity, and trust with social
stability. In the national context, such a model is advantageous in that it makes
digital transformation not only a technological project but also a humanistic
405
Kelsen, H. (2004)
Pure Theory of Law
. Moscow: Yuridicheskaya Literatura; Sen, A. (2009)
The Idea
of Justice
. Cambridge, MA: Belknap Press; Guseynov, A.A. (1994)
Ethics and Culture
. Moscow:
Respublika.
176
vector for long-term development, where the priority remains the protection of
the individual and justice as the foundation of trust in the state.
§ 3. Predictive Concepts and Strategic Guidelines for the Legal Policy of the
Future
The development of digital technologies has revealed a systemic conflict between
the speed of technological transformation and the inertia of the classical legal
order. The notion of “catch-up law” has ceased to be a mere metaphor and has
become a precise description of an objective problem: the hierarchical concept of
lawmaking and the lengthy cycles of legislative procedures prove inadequate for
regulating processes in which legal consequences may occur instantaneously —
within a single digital transaction. Legal inertia deepens the gap between digital
reality and normative regulation.
The peculiarity of this situation lies in the fact that digitalization changes not only
the objects of regulation but also the very logic of how the legal system functions.
As V.V. Blazheev and A.Yu. Salukin emphasizes digital technologies create new
forms of interaction between subjects and systems.
records, automation of decision-making, and distributed registers make it
impossible to rely on previous legal approaches. Regulatory mechanisms must
therefore be
“designed technologically”
; otherwise, reforms risk remaining
superficial, reproducing old administrative costs under a digital shell.
This theoretical dilemma already manifests itself in national practice. The
adoption of the Law of the Republic of Uzbekistan “On Personal Data”, the
launch of the my.gov.uz portal, and the Unified Biometric System (EBS)
demonstrate the state’s course toward digitalization. At the same time, the absence
of detailed procedures for data processing, storage-period limitations, and clear
rules for data transfer create legal uncertainty. Infrastructure efforts without full-
fledged normative support fail to ensure the protection of civil rights and generate
risks for the realization of principles of justice and transparency.
This problem is exacerbated by the tendency to treat technological infrastructure
as an autonomous factor of development. The creation of platforms (my.gov.uz,
E-auction.uz, cadastre), the introduction of biometric systems, and the use of
406
Blazheev, V.V. and Salukin, A.Yu. (2022)
Tsifrovoe pravo: kontseptsii, tekhnologii, pravoprimenenie
.
Moscow: Yurayt.
177
smart contracts are often perceived as sufficient guarantees of digital progress. In
practice, however, this is not enough: without comprehensive legal regulation
such technologies cannot independently ensure legality and the protection of
citizens’ rights. The practice of “legal minimalism”, in which questions of the
legal force of automated decisions or responsibility for algorithmic errors are
postponed for the future, leads to fragmented regulation. As a result, attempts to
address digital challenges through purely technical or deferred solutions produce
a paradox: technological power increases, yet legal uncertainty simultaneously
intensifies, forming new risks for both the state and society.
The key mechanism for overcoming the gap between technological dynamics and
legal inertia lies in the development of regulatory sandboxes. Uzbekistan has
already taken its first step in this direction: by Presidential Decree No. PP–2201
of 28 April 2022, a special legal regime — the
“regulatory sandbox”
— was
introduced, which has evolved from a temporary experimental platform into a
core element of adaptive legal regulation. Its primary purpose is to institutionalize
controlled risk, enabling the state to test innovations before their formal
incorporation into legislation.
The essential value of this instrument lies not only in granting experimental
freedom but also in ensuring the mandatory translation of the obtained results into
the legal system. Thus, sandboxes form a channel for predictive legislative
renewal, facilitating the managed introduction of innovations and preventing
experimental regimes from degenerating into “law-free zones”.
The further development of this practice requires the adoption of a separate Law
“On Special Legal Regimes”, which would establish its legal status and
institutional guarantees. International experience confirms the effectiveness of
such an approach. In the United Kingdom, financial-technology sandboxes made
it possible to test new services with minimal risks to consumers; in Singapore,
since 2016 this mechanism has become a structural element of the digital-services
ecosystem; and since 2019 South Korea has extended its application to
telecommunications and healthcare, accelerating the adaptation of the regulatory
environment and enhancing trust in regulation.
A comparative analysis of these examples demonstrates that the legislative
institutionalization of regulatory sandboxes in Uzbekistan is not optional but
rather a strategically necessary step toward forming a flexible regulatory model.
407
OECD (2020)
Regulatory Sandboxes in Fintech: Experiences and Lessons
. Paris: OECD Publishing.
178
At the same time, international practice indicates that in the absence of
coordination, such regimes may lead to fragmentation of the legal system and
make the quality of regulation dependent on the efficiency of supervisory bodies.
It is therefore critical to institutionally integrate sandboxes into the overall
governance architecture, ensuring oversight, coordination, and feedback
mechanisms. In that case, they can evolve from temporary experiments into stable
elements of digital legal regulation, maintaining a balance between innovation
and legal certainty.
The application of sandboxes at the national level creates conditions for the
systematic testing of digital initiatives prior to their legislative adoption. They do
not replace the legal system but serve as an instrument for preliminary evaluation
and identification of technological and legal risks. Their value is defined by
methodological consistency:
pilot project → public audit → normative
implementation.
Only in such a framework does experimental regulation
become an institutional channel for integrating innovations into the legal system,
ensuring the coordinated development of technologies, norms, and mechanisms
for the protection of citizens’ rights.
At the same time, sandboxes should not be viewed as a self-sufficient goal; they
act as a connecting link between digital technologies, legal regulation, and
institutional sustainability. Their value emerges only when testing results are
published and transmitted to competent authorities; otherwise, there is a risk of
turning sandboxes into tools for the formal legitimation of private decisions
without genuine public oversight.
The effectiveness of sandboxes directly depends on their integration with key
normative acts, including the Law of the Republic of Uzbekistan “On
Cybersecurity”
and departmental acts of the State Security Service
. Without
a rigorous methodology for risk assessment, transparent exit criteria, and the
mandatory transfer of findings into legislative practice, sandboxes risk becoming
408
Regulatory Sandbox to Be Introduced in Uzbekistan from January 1, 2023
, The Tashkent Times
(2022), 09 Nov. Available at: https://www.tashkenttimes.uz/national/9971-regulatory-sandbox-to-be-
introduced-in-uzbekistan-from-january-1-2023.
409
Republic of Uzbekistan (2022)
Law of the Republic of Uzbekistan No. ZRU-764 of 15 April 2022
“On Cybersecurity”
.
410
Republic of Uzbekistan (2023)
Order of the Chairman of the State Security Service of the Republic
of Uzbekistan No. 91 of 4 September 2023 “On Approval of the Regulation on the Procedure for
Assessing the Level of Cybersecurity of Critical Information Infrastructure Objects”.
179
decorative elements of digital policy, failing to strengthen the real legal
framework.
Against this background, the Law “On Cybersecurity” represents a step in the
right direction, though its potential remains largely declarative. The absence of a
comprehensive list of qualifying cybercrimes and insufficient readiness for
operational data exchange with international partners undermine institutional
efforts to establish a resilient response system. This gap has a systemic character,
turning national cyberpolicy into a symbolic rather than practical measure.
The second and equally significant problem concerns human resources. The
effectiveness of cybersecurity systems and digital regulation in general depends
on the availability of qualified specialists. The implementation of legislation and
international agreements is impossible without experts proficient in digital
forensics, cross-border coordination, and international procedural standards. A
shortage of such specialists reduces the speed of response, limits the
implementation of innovations, and creates a risk of technological lag. Hence, the
human factor becomes a systemic component of the national digital ecosystem,
linking legislation, infrastructure, and practice.
The combination of the above challenges determines the need for
institutionalizing regulatory sandboxes. Their inclusion in the overall system of
digital regulation can give the national legal model strategic resilience,
accelerating the adaptation of legislation to innovations, fostering a culture of
legal experimentation, and ensuring objective
ex post
evaluation of regulatory
measures.
At present, the legal regime of sandboxes in Uzbekistan remains uncertain, which
reduces their effectiveness as a tool of normative experimentation. Pilot
initiatives of IT Park and the Agency for Entrepreneurship Development in
fintech, e-commerce, and digital logistics demonstrate the potential of this
approach but remain fragmented and lack systemic coherence. To overcome these
limitations, it is necessary to legislatively define key operational parameters of
sandboxes: the status of participants, the procedure for submitting applications,
exit conditions, and legal consequences. Such a framework would transform
411
Dustmatov, D.R. (2022)
Cybersecurity as a Threat to International and National Security
. In:
Current Issues of Criminal Law of the Republic of Kazakhstan and the Republic of Uzbekistan:
Experience, Problems, and Solutions. Tashkent, pp. 145–153.
180
experimentation into a governable process, balancing innovative incentives with
the protection of consumer rights.
In this regard, the prospective development of digital law in the Republic implies
reliance on institutionalized mechanisms of regulatory experimentation
combined with the parallel expansion of soft law instruments.
of these tools ensures equilibrium between flexibility and legal certainty, between
the speed of technological change and the stability of the legal system. Within
this architecture, the sandbox becomes a central mechanism for overcoming
normative uncertainty, while the concept of regulatory maturity serves as a
benchmark for the modernization of national legislation.
However, neither regulatory sandboxes nor
soft law
can be regarded as a universal
response to the challenges of digitalization, as their scope remains confined to
individual projects. Their actual impact materializes only when these
experimental mechanisms are embedded into a strategic development framework
and supported by institutional guarantees. In the absence of such a framework,
even important initiatives — such as sandboxes or the cybersecurity law — risk
remaining partial and declarative.
To achieve a level comparable to international standards, Uzbekistan must
address key institutional barriers: fragmentation of the normative base, limited
engagement of the expert community in lawmaking, and restricted access of
startups to regulatory testing. Research shows that precisely these gaps intensify
legal uncertainty, which ultimately becomes a principal factor constraining
innovation.
Thus, the issue extends beyond local amendments and requires a comprehensive
strategy. A modern digital policy should incorporate regulatory testing, legal
literacy programs, structured dialogue between the state and technology
communities, and institutional support for expert platforms. This approach allows
the country to move from ad hoc legislative adjustments toward the creation of
an adaptive legal infrastructure of a digital state.
The logical continuation of this trajectory is the concept of platform sovereignty.
The expansion of digital ecosystems — marketplaces, social networks, and big-
412
OECD (2021)
Recommendation on Agile Regulatory Governance to Harness Innovation
. Paris:
OECD Publishing.
413
Mutalipova, G. (2025)
Digitalization of Contract Law: Challenges and Prospects
, In: Science and
Education: Scientific Problems, 5, pp. 223–234.
181
data-based services — generates new dependencies that can restrict a state’s
ability to manage critical infrastructure. International experience, particularly
from Russia and Kazakhstan, shows that the normative entrenchment of this
principle not only mitigates such threats but also stimulates innovation-driven
growth.
In Uzbekistan, similar ideas are reflected in the projects of the
Digital
Trust Environment
and the
Digital Citizen Profile
; however, the absence of a full-
fledged legal framework prevents these initiatives from becoming a stable
element of the national digital ecosystem.
Consequently, the effectiveness of digital regulation depends not on the quantity
of adopted norms but on the maturity of the legal system — its capacity to
coordinate the efforts of the state, business, and society in developing and
implementing rules. The main challenge here is to move from the stage of
specialization, where isolated digital norms are created, to the stage of
integration, which harmonizes technical, legal, and ethical dimensions of
regulation. Against this background, the idea of a national digital lawmaking
platform (legal sandbox) gains special importance.
Such a platform can unite government bodies, businesses, and civil society in a
virtual environment for testing draft norms before their large-scale
implementation. The experience accumulated in the sandbox helps determine
which digital tools function effectively and which require additional legal
safeguards. The next logical step, therefore, is the legislative regulation of smart
contracts, whose legal recognition depends on mandatory certification and the
availability of judicial review of automatically generated decisions. Without such
provisions, the principles of fair trial and access to justice may be compromised,
and individuals may effectively lose their right to appeal.
Hence, smart contracts become a litmus test for the maturity of digital law,
demonstrating whether the legal system is capable of combining technological
automation with the protection of human rights and the principles of the rule of
law.
414
Russian Federation (2022)
Federal Law of the Russian Federation No. 149-FZ “On Information,
Information Technologies and Information Protection”
(as amended in 2022); Republic of Kazakhstan
(2022)
Decree of the President of the Republic of Kazakhstan No. 803 “On Measures to Ensure
Technological Independence and the Development of Digital Platforms”, Feb 2, 2022
.
415
Kostarev, A.V. (2023)
Legal Regulation of Digital Platforms: Contemporary Challenges
, In:
Gosudarstvo i Pravo, 5.
182
To substantiate this thesis, it is essential to turn to empirical data and survey
results that capture the real demand for institutional transformation. The sample
sector included government agencies, the legal profession, and representatives of
the start-up industry. More than 82% of civil servants admitted they had no clear
understanding of the concept of a regulatory sandbox, and 92% had never
participated in legal experiments within the digital sphere. Among practicing
lawyers, 68% supported the urgent legislative implementation of smart contracts,
aligning with academic findings on the necessity of rapid legal responses to
digital challenges.
Innovative companies demonstrate a similar attitude. Over 81% of start-ups
report a high need for legal clarity in the use of blockchain and algorithmic
agreements. These assessments reflect a global trend toward enhancing
regulatory certainty in the field of digital assets. Academic research emphasizes
that the absence of clear regulatory frameworks fosters legal uncertainty and
limits investment activity.
International practice reinforces this conclusion. The
introduction of blockchain technologies in the public sector — including UNDP
projects in Uzbekistan — illustrates that institutional support and legal adaptation
can significantly accelerate digital transformation.
adoption alone does not resolve the key issue: how to institutionalize the
procedural nature of digital law.
Elements of technological uncertainty demand flexible and testable legal
solutions, which explain the need for regulatory sandboxes. In this logic, the
sandbox functions not as a “playground”, but as an institution of normative
experimentation that compensates for the adaptive deficit of legislation.
Experience accumulated within such sandboxes forms the basis of a digital
regulatory maturity model, allowing the construction of long-term guidelines for
transforming the national legal system.
The sandbox thus creates a controlled environment for testing innovations,
identifying potential risks, and optimizing digital mechanisms. For such
experiments to become sustainable and legitimate, flexibility must be combined
with predictability and trust. In this regard, soft law norms such as professional
416
Abdurakhmanova, N. (2022)
Issues of Regulating and Implementing Smart Contracts in National
Legislation
. ResearchGate.
417
Zaynabiddinova, F. (2020)
Prospects for Using Smart Contracts in Investment Activities
, In: Yurist
Akhborotnomasi, 3, pp. 45–53.
418
UNDP Uzbekistan (2022)
Blockchain Technology for More Transparent Public Services in
Uzbekistan
. Tashkent.
183
codes, regulators’ recommendations, digital ethics standards, and platform-
governance protocols acquire particular importance. Their recognition in judicial
and administrative practice provides the foundation for public confidence in
emerging digital institutions and enables the transition toward mature digital
regulation, where innovation integrates into the national legal system without
undermining legitimacy or social acceptability.
At the same time,
soft law
gains real normative power only when combined with
regulatory experimentation. International experience demonstrates that in the
United Kingdom, Singapore, and Canada, regulatory sandboxes have created a
space for testing and generating policy solutions, which are subsequently codified
through soft law, thereby forming an “innovative legal culture”.
minimizes regulatory gaps while encouraging the co-evolution of technological
and legal standards.
In light of OECD recommendations and comparative experience, the next step
involves establishing a combined regulatory sandbox that integrates both sectoral
and thematic approaches. This hybrid format not only fosters the development of
priority technologies but also maintains flexible regulation of emerging business
models
−
a task particularly relevant for transitional economies and developing
digital sectors.
Yet, as the digital ecosystem expands, a more complex challenge emerges,
namely, the institutionalization of algorithmic control.
requires the normative recognition of Explainable AI (XAI) within public
administration. When algorithmic decisions directly affect citizens’ rights and
freedoms — such as the imposition of fines, restriction of access to social
services, or application of procedural measures — the provider’s duty extends
beyond ensuring technical accuracy to include the obligation to provide a
comprehensible explanation of algorithmic outputs.
Accordingly, Algorithmic Impact Assessment (AIA) becomes a new form of
regulatory accountability, designed to guarantee transparency and responsibility
in digital decision-making. Its primary aim is to prevent discriminatory practices,
419
Centre for Public Impact (no date)
Regulatory Sandboxes and the Evolution of National Legal
Systems: Comparative Practices in the UK, Singapore, and Canada
.
420
OECD (2021)
Regulatory Sandboxes and Innovation Testbeds
. OECD Working Paper; Gromov, I.O.
(2020)
Theory and Practice of Legal Innovation under Digitalization
. Moscow: Yuniti-Dana.
184
bias, and systemic errors that may arise during automated data processing and
decision-making — even before such systems are implemented in practice.
In this context, the principle of human-in-the-loop assumes particular importance,
mandating human participation in all critical decision-making processes and
ensuring harmony between technological rationality, legal justice, and ethical
responsibility. For the public sector, this principle must have an imperative status,
supplemented by the creation of an open algorithmic registry based on
differentiated levels of confidentiality and access. Such an institutional model
minimizes the “black box” effect, strengthens mechanisms of public and legal
oversight, and restores the necessary balance between technological progress,
public accountability, and the protection of citizens’ rights.
Of course, the effectiveness of even the most advanced tools is only possible with
institutional coordination. The creation of an interdepartmental platform with a
clear mandate and allocated budget will enable not only systematic monitoring of
digital programs but also auditing algorithmic risks and developing balanced
legal solutions. Such a mechanism links infrastructure platforms, sandboxes,
algorithmic control, and smart contracts, forming a unified, manageable system
of digital regulation.
Further development of this system inevitably raises the issue of human rights. In
the digital age, human rights cease to be abstract categories and require
procedural support. Therefore, technological solutions must undergo not only
technical testing but also legal review, including an assessment of their impact on
rights and public oversight mechanisms. This helps resolve the tension between
the speed of innovation and the need for trust, creating a space where
experimental flexibility is combined with the stability of human rights guarantees.
This requires a pragmatic legal design that combines the potential of digitalization
with institutional guarantees. The transition from declarative to instrumental
regulation is possible only through the introduction of mandatory procedural
formats: impact assessments, public registries, appeals mechanisms, and
international cooperation. These tools ensure the integrity of the legal
environment, prevent technological stagnation, and strengthen public trust.
At the same time, emerging realities are delineating the limits of the traditional
regulatory model, based primarily on a hierarchy of norms and general principles.
In the context of accelerated digitalization, its capabilities are no longer sufficient.
The optimal approach is a transition to a hybrid methodology, in which universal
185
guidelines—human rights, data privacy, and guarantees of fair access—are
combined with detailed obligations for the most sensitive areas (biometrics,
justice, and financial and credit relations). Such a framework will help avoid
regulatory uncertainty while maintaining the necessary flexibility, laying the
foundation for the sustainable development of a digital legal order.
186
CONCLUSION
In an era of managerial and technological transformation, legal policy is
becoming a key element of the state's intellectual infrastructure. Its purpose
extends beyond classical rulemaking—it creates a space of trust, predictability,
and social sustainability, balancing the speed of reform with the preservation of
institutional integrity.
The study showed that modern legal policy must combine strategic thinking with
operational flexibility. Law can no longer be limited to responding to past events;
it must anticipate trends, forecast consequences, and serve as an instrument for
managed change. This represents a shift from normative administration to the
conceptual design of legal development.
The experience of Uzbekistan in recent years has demonstrated that the
effectiveness of legal reforms depends not so much on the number of laws
adopted as on the quality of feedback, institutional coordination, and the ability
of the law to adapt to new social and technological realities. This is not simply a
matter of expanding the legal field, but of fostering a new lawmaking culture—
open, responsible, and future-oriented.
The integration of scientific analysis into public administration practices is of
particular importance. Scientific support for reforms, legal expertise, and
systematic impact assessment are becoming key conditions for the sustainability
of the legal system. Therefore, legal policy must be built on the principles of
intellectual accountability and transparency, not merely on the formal
implementation of regulations.
One of the priority areas for the further development of legal policy is the
implementation of predictive regulation models, where legal decisions are
designed taking into account social, behavioral, and technological trends. This
approach will allow for the development of an adaptive legal system capable of
not only responding to but also managing transformation processes.
In the long term, the state faces the task of creating a legal environment where
the rule of law is complemented by principles of fairness, digital ethics, and social
responsibility. Only on this foundation is it possible to strengthen trust in
institutions and establish a rule-of-law state capable of not only ensuring order
but also guiding the development of society.
