208
УДК
34
ISRAILOVA Z.S.
–
PhD student,
Academy of State Governance under the President of Republic of Uzbekistan
Annotation:
The article considers the legal aspects
of the activities of representative bodies of state power in the field,
analyzes a number of objective and subjective indicators
for assessing the effectiveness of this activity.
Key words:
representative bodies of state power in the field, efficiency, decentralization,
efficiency improvement factor, evaluation criteria.
LEGAL ASPECTS OF INCREASING EFFICIENCY
OF ACTIVITIES OF REPRESENTATIVE BODIES OF STATE AUTHORITIES
IN PLACES IN REPUBLIC OF UZBEKISTAN
Around the world, the local representative government is a vital div of representative
democracy. Whatever the country's customs, their role remains unchanged: to represent the people
and ensure the formation of state policy by those citizens whose fate it affects. Effective
representative local government bodies create policies and laws that meet the needs of citizens and
support sustainable and equitable development.
In the framework of the
“Concept
on Administrative Reforms of the Republic of
Uzbekistan”,
it
was indicated that a superficial assessment of the mechanism of activity of local authorities, which
in most cases does not reflect the real situation on the field [1].
Evaluation of the activities of representative bodies of state power presents considerable
difficulties for researchers who are interested in the possibility of an objective and correct
designation of the quality of a representative div of state power in the field using the criteria and
parameters of the evaluated object. Assessing the effectiveness of Kengashes of people's deputies is
difficult, but in certain cases it is very possible.
For this, it is necessary that the representative bodies of state power in the field as a whole as an
object of evaluation understand only what it is, namely, the type of management activity of this
div, carried out within the rigidly defined legal boundaries of the exercise of specific powers.
The main goal of this article is to search for the main factors affecting the effectiveness of the
Kengash of people's deputies, legal and organizational aspects of increasing the local government
representative div. In practice, this problem has not been investigated. The lack of scientific
research on the basics of evaluating the effectiveness of the representative div of state power in
the field and the activities of deputies can be explained primarily by the complexity of this problem
for state and social administration. The main reasons for the difficulties in assessing the
performance of the representative div, in our opinion, should include the following: this is an
insufficient opportunity for material incentives for high results; weak level of development of
regulations with a clear statement of rights and obligations; lack of simple and clear methods for the
current assessment of performance.
The widespread use of the term "efficiency" in various fields of human activity and at all levels
of government indicates its universality and ambiguity. However, we have to admit that in our
country so far no effective mechanisms have been developed for assessing the activities of bodies
and officials of representative bodies of state power in the field, and no single universal system of
209
relevant criteria and indicators has been created. First of all, the essence of the term
“efficiency”
should be clarified. The concept of "effectiveness" is derived from the Latin "effect" (effectus), i.e.
the impact of one phenomenon, process on another, resulting in a stable, definite result [2].
Accordingly, effectiveness means efficiency, effectiveness, but not any, but pre - planned, targeted,
leading to the necessary results. Along with the effectiveness of the goal of achievement, one can
single out the effectiveness of power according to its purpose - the degree of preservation and
development of society, which is the highest goal and integral function of any power. It is by this
criterion that society evaluates the effectiveness of political and legal power. The effectiveness of
the activity of a representative div is understood as a measure of the implementation of goals,
objectives and plans, showing what specific impact they had on the development of social activity
of citizens, their knowledge, feelings, beliefs, practical behavior and activities. In this case,
effectiveness is evidence of what real successes have been achieved, informing the population in
organizing economic, social, legal, cultural and other tasks.
To date, the reform approved by presidential decree Sh. Mirziyoyeva, suggests improving the
institutional and legal framework for the activities of government bodies as well as representative
bodies of state power in the field, achieving the effectiveness of the executive bodies is especially
important.
Let's look at a number of factors affecting the performance of representative bodies of state
power in the field. First of all, quality is affected by the composition of elected officials and
members of elected bodies. Today, the practice of the local executive div actively includes reports
on the work done to the population and deputies of representative bodies. However, the deputies
themselves do not always clearly establish the procedure for assessing the quality of their work.
Their reports to voters are usually formal.
There is essentially no control over the performance of deputy duties, and such a measure as
recalling a deputy does not work in practice. The situation, in our opinion, can be changed by
regulating the activities of people's representatives at all levels. To determine the effectiveness of
the activity of a representative government div, it is necessary to collect and analyze a variety of
information about the real, practical state of the object and the
deputy’s
influence on it, as well as
the content of the work being done by the deputy, the means, forms and methods, and about the
actual results of the impact, about the conditions and factors, determining effectiveness.
One of the main features of a representative div of state power, along with electivity for a
certain term of office, is collegial decision - making. All members of the representative div are
equal, the activities of deputies are carried out in two main areas - in the representative div and in
the constituency. This duality of functions should also, in our opinion, be taken into account when
determining and evaluating the effectiveness of a representative div.
The following main factors affecting the performance of representative bodies of state power are
their composition and method of formation, the collegial nature of decision - making. All factors
can be divided into internal and external. We determined the legal effectiveness of the activity of
representative bodies of state power as the degree of satisfaction through their law - making
activities of the livelihood needs of regions, districts and cities, the level of organization of
interaction with voters, the political party and the self - government div of citizens who
nominated him as a candidate for deputy.
210
Let's pay attention to another factor, that is, the decentralization of the state div in the field.
The Strategy of Actions adopted on the initiative of the Head of State in five priority areas for
the development of the Republic of Uzbekistan in 2017 - 2021. involves
“reforming
the system of
public administration and public service through the decentralization of public administration,
increasing the level of professional training, material and social security of public servants, as well
as phasing out state regulation of the
economy”
[3].
Decentralization. This term has firmly entered the life of democratically developed and
developing states. Decentralization is the transfer of management functions from central authorities
to local authorities, expanding the terms of reference of subordinate management bodies at the
expense of higher ones [4].
In Uzbekistan, an active process of reforming the public administration system continues. Much
attention is paid to issues of decentralization, the state executive div, as well as representative
power in the field.
The incompleteness of the process of separation of powers is especially clearly visible at the
local level. For instance:
Firstly, a clear distribution of powers between the Kengashes of people's deputies and khokims
of the corresponding levels of power has not yet been spelled out in legislation. Both the
Constitution and the Law on Local Government in Localities only describe the powers of local
government bodies, without defining which of these powers are exercised by the Kengash and
which by the khokim. In addition, the conditions for the organizational and resource support of the
activities of Kengashes are not defined by law. In fact, only khokims have real political,
organizational, and material resources.
Secondly, despite the election of local Kengashes of people's deputies, the management of their
activities is carried out by the head of the local executive power - the khokim. Thus, at the local
level, the hokim is the sole leader of both representative and executive authorities, which limits
independence in exercising the powers of local councils of people's deputies.
Thirdly, the role of local Kengashes of deputies is very low in questions of putting forward
problems and making appropriate decisions on them, since everything is decided by the
hokim’s
organizational control group. The development of market relations and civil society institutions
leads to the fact that the possibilities of a centralized state influence on the economy and social life
of society are reduced. The concept of further deepening democratic reforms and the formation of
civil society in the country gave a powerful impetus to further increase the efficiency of the
parliament and local representative bodies, including their oversight functions.
Decentralization and strengthening the role of regions are needed. It is also very important that
along with the expansion of functions and powers, there should be an increase in the efficiency of
the local authorities. And for this, it is necessary to create effective mechanisms of checks and
balances for local authorities, which ensure the accountability of government bodies and local self -
government for residents of the respective territories, which cannot be achieved without further
development and improvement of democratic institutions and mechanisms.
In particular, neither the Constitution of the Republic of Uzbekistan, nor other legislative acts
precisely determine the range of issues subject to exclusive regulation at the level of laws.
There is a need to reduce the functions and powers of the state apparatus, as well as to delegate
the powers of central government bodies down to local government bodies, citizens' self -
government bodies, other civil society institutions, and the private sector. For local authorities, it is
211
very important for local and local authorities to establish feedback mechanisms with the public in
order to receive signals about existing shortcomings and generate new ideas for solving urgent
problems. The creation and legislative consolidation of a system of constant reporting of deputies,
khokims to the population, including through the media, is very important.
Bibliographic list
1. Decree of the President of the Republic of Uzbekistan of 08.09.1017 on the approval of the
concept of administrative reform in the Republic of Uzbekistan
2. Dictionaries and encyclopedias in the Academic. http: // dic.academic.ru
3. The action strategy in five priority areas of the development of the Republic of Uzbekistan in
2017 - 2021. Appendix to the Decree of the President of the Republic of Uzbekistan of February 7,
2017 // www.lex.uz.
4.https: // dic.academic.ru
5. Mirziyoyev Sh.M. Ensuring the rule of law and human interests is a guarantee of the
development of the country and the well - being of the people. Report at the solemn meeting
dedicated to the 24th anniversary of the adoption of the Constitution of the Republic of Uzbekistan.
(Electronic resource) http: // www.press - service.uz
6. Kasimova A. A. The principle of separation of powers and the relationship of the central
government bodies // Young scientist. - 2017. - No. 15. - S. 258 - 260
©
ISRAILOVA Z.S.
УДК
34.096
М.В.
Медведева
студентка
2
курса
ЮУрГУ,
Г.
Челябинск,
РФ
Научный
руководитель:
И.П.
Пушкарев
канд.
юр.
наук,
доцент
ЮУрГУ,
Г.
Челябинск,
РФ
ОСОБЕННОСТИ
ПРАВОВОГО
РЕГУЛИРОВАНИЯ
НЕСОСТОЯТЕЛЬНОСТИ
(БАНКРОТСТВА)
КРЕДИТНЫХ
ОРГАНИЗАЦИЙ
Аннотация
В
данной
статье
анализируются
вопросы,
связанные
с
несостоятельностью
(банкротством)
кредитных
организаций.
Целью
исследования
являются
особенности
правового
регулирования.
В
данной
работе
были
применены
общенаучные
методы:
анализ
и
обобщение
материалов
исследования.
Ключевые
слова
Банкротство,
кредитная
организация,
правовое
регулирование,
процедуры
банкротства,
мораторий
