Administrative Reforms In The Republic Of Uzbekistan: Some Problems And Prospects

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Зойлбоев J. (2020). Administrative Reforms In The Republic Of Uzbekistan: Some Problems And Prospects. in Library, 20(4), 1–4. извлечено от https://inlibrary.uz/index.php/archive/article/view/7728
Жавлон Зойлбоев, Ташкентский Государственный Юридический Университет

преподаватель кафедры административного и финансового права

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Аннотация

In this article analyzes the reforms carried out in the spheres of the system of state management bodies of the Republic of Uzbekistan, the system of administrative bodies and administrative bodies in recent years. The article also provides a comparative analysis of the new administrative-legal relations, problems and mistakes made after the adoption of the law of the Republic of Uzbekistan “On administrative procedures”, and made prospective suggestions.

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The USA Journals Volume 02 Issue 12-2020

1

The American Journal of Political Science Law and Criminology
(ISSN

2693-0803)

Published:

December 05, 2020 |

Pages:

1-4

Doi:

https://doi.org/10.37547/tajpslc/Volume02Issue12-01

-

I

MPACT

F

ACTOR

2020:

5.

453

ABSTRACT

In this article analyzes the reforms carried out in the spheres of the system of state management
bodies of the Republic of Uzbekistan, the system of administrative bodies and administrative bodies
in recent years. The article also provides a comparative analysis of the new administrative-legal
relations, problems and mistakes made after the adoption of the law of the Republic of Uzbekistan
“On administrative procedures”, and made prospective suggestions.

KEYWORDS

Administrative reforms, administrative law, administrative act, state administrative bodies, regulatory
legal ACT, Administrative Court, rights and freedoms of citizens, Legislation, Law, Administrative
Procedure, strategy of action, obligations.




INTRODUCTION

We can witness that the administrative
reforms carried out in Uzbekistan have
reached a new level in recent years. The
adoption of the “Strategy of action on five

priority directions of development of the
Republic of Uzbekistan in

2017-2021 [1]”, as well as improving the
construction of the state and society with this

Administrative Reforms In The Republic Of Uzbekistan:
Some Problems And Prospects


Zoilboev Javlon Karimjon O‘G‘Li

Teacher Of Administrative And Financial Law Department, Tashkent State University Of Law,
Tashkent, Uzbekistan

Copyright:

Original

content from this work
may be used under the
terms of the creative
commons

attributes

4.0 licence.


background image

The USA Journals Volume 02 Issue 12-2020

2

The American Journal of Political Science Law and Criminology
(ISSN

2693-0803)

Published:

December 05, 2020 |

Pages:

1-4

Doi:

https://doi.org/10.37547/tajpslc/Volume02Issue12-01

-

I

MPACT

F

ACTOR

2020:

5.

453

strategy, ensuring the rule of law, ensuring
guarantees of protection of rights and
freedoms of Citizens, Development and
liberalization of economic sectors and social
sphere, ensuring security, harmony and
religious tolerance, the fact that foreign policy
in a mutually beneficial and practical spirit is
established

as

important

goals

of

modernization of the state and society is a
proof of our word. “The main objective of this
policy is to create opportunities and conditions
for every citizen to realize his or her power and
ability, Ability and potential [2]”- said the
president SH.Mirziyoev.

At the same time, the results of a systematic
analysis of the process of implementation of
the strategy of action and communication with
the population are still serious shortcomings
that prevent the full implementation of
reforms in the organization of the activities of
Public Administration bodies and local
executive authorities. In particular, it should be
recognized that the current system of
coordination and control over the activities of
executive bodies does not provide for the
timely detection and elimination of systemic
problems that are hindering the execution of
decisions, normative legal acts adopted by
local government bodies, as well as by other
executive bodies, in addition, administrative
acts do not serve as a direct. In addition, the
Ministry of Justice, together with the
concerned

agencies,

conducted

a

correspondence of the current normative-legal
documents, as a result of which about 2,5
thousand

[3]outdated

and

lost

their

importance, excessive regulatory burden,
bureaucratic obstacles and loopholes, as well
as normative-legal documents that make
collisions in the practice of law enforcement
have been identified . And this shows that the
scope of changes that must be implemented in
the field is much wider.

At the same time, relying on statistical data, we
can say that in recent years, the administrative
documents adopted by local authorities are
often found to be invalid by administrative
courts. In particular, during 9 months of 2020,
the dynamics of local government decisions to
be considered invalid by the courts is defined
as follows: the total number of cases was 2422,
of which 1110 cases were found invalid
documents of local authorities, 971 cases were
rejected, 215 cases were completed, 126 cases
were left without administrative work [4] . In
2019, the total number of works done was
2992, of which: 1255 documents found to be
invalid, 1357 rejected, 233 completed works,
147 works left without seeing [5]. We can say
that the occurrence of such cases is not only
difficult for individuals and legal entities in the
locality, but also creates a ground for the
existing problems and shortcomings to
accumulate without solving them.

In all respects, the reasons listed below serve
as the main factor for the occurrence of these
negative cases and consequences, in our
opinion:

Non-compliance with the procedures for
the

acceptance

of

administrative

documents by most executive bodies, local
government bodies;

Not familiarization with the legislative
norms of the authorized bodies having the
authority to accept normative-legal acts
and administrative acts, as well as other
normative-legal acts

Deep lack of understanding of the essence;

The fact that public opinion is not
sufficiently listened to before the adoption
of a certain document, although it is
listened to, in most cases is not taken into
account;,

In addition, the fact that they are cold-
blooded in relation to the results of their
activities by responsible persons, etc.


background image

The USA Journals Volume 02 Issue 12-2020

3

The American Journal of Political Science Law and Criminology
(ISSN

2693-0803)

Published:

December 05, 2020 |

Pages:

1-4

Doi:

https://doi.org/10.37547/tajpslc/Volume02Issue12-01

-

I

MPACT

F

ACTOR

2020:

5.

453

Therefore, now we draw our attention to the
content of normative legal acts aimed at
regulating these relations. Currently, the
activities of executive authorities in the
Republic are regulated by the Constitution,
laws and other forms of legislation.
Considering on the example of local
government bodies, the XXI chapter of our
Constitution is devoted to the legal basis of
local government bodies, which deals with the
concept, powers, rights and obligations of local
government bodies. In particular, we can see
that in Article 104 of the Constitution: “the
governor, within the framework of the powers
granted to him, makes decisions that are
mandatory to be fulfilled by all enterprises,
institutions, organizations, associations, as
well as officials and citizens of the relevant
territory”[6]. We can also see that this norm is
reflected in Article 6 of the law of the Republic
of Uzbekistan “On local state authority”[7]. It
is necessary to note in what order the decisions
taken by the local state authorities, which
indicate the nature of obligations for all
residents and legal entities of this territory, are
determined to be regulated by the law of the
Republic of Uzbekistan “On administrative
procedures”[8].

It should be said that the main tasks of the law
“On

administrative

procedures”are

an

expression of the rule of law in relations with
administrative bodies, ensuring the rights and
legitimate interests of individuals and legal
entities. Above, we can see that the
administrative documents of the authorities,
provided for in the statistical data of judicial
practice, should be legal, based, fair, accurate
and understandable, are established within the
framework of the law. Naturally the question
arises:in what case is the administrative
document based? This question was also
answered in the Law “On administrative
procedures”, according to which:

1.

In the substantive part of the
administrative document, all the actual
and legal basis of the administrative
document adopted must be laid down;

2.

Administrative hujjatni during the
substantiation,

the

administrative

div has no right to rely on evidence
that has not been verified or that has
not been added to the administrative
work in the process of administrative
proceedings or that has not been given
the opportunity to get acquainted with
the participants in the administrative
proceedings;

3.

If the administrative authority is given
administrative

discretion

(discretionary authority) at the time of
admission, then in the substantive part
of the administrative document, all
assessments,

arguments

and

considerations that have caused him or
her to give up this or that
administrative

discretion

(discretionary authority) must be
stated;

4.

The administrative div must give
grounds for compliance with the
principles of administrative procedures
of

the

administrative

document

adopted by it.

If the administrative documents of the local
authorities that meet these requirements give
convenience to individuals and legal entities on
the one hand, on the other hand, lead to a
sharp decrease in the indicator of the fact that
the documents received by the authorities in
the future will be recognized as invalid by the
court.

At the same time, taking into account the fact
that the local state authority is a competent
div that carries out executive and
representative power in places, it is necessary
to regularly increase the legal literacy, legal


background image

The USA Journals Volume 02 Issue 12-2020

4

The American Journal of Political Science Law and Criminology
(ISSN

2693-0803)

Published:

December 05, 2020 |

Pages:

1-4

Doi:

https://doi.org/10.37547/tajpslc/Volume02Issue12-01

-

I

MPACT

F

ACTOR

2020:

5.

453

knowledge of responsible personnel involved
in the process of adoption of normative legal
acts and administrative acts, to provide them
with a systematic understanding of the They
will also be required to comply with the
requirements of the existing law “On
administrative procedures”in the adoption of
administrative

documents

by

the

administrative bodies.

We know that the draft legislation will be put
on public discussion before its adoption, after
all the opinions are collected, the issues of
acceptance or not, the introduction of changes
will be resolved by considering in the
appropriate

order.

Such

https://regulation.gov.uz the portal plays a
significant role. In the future, before the final
decision on the administrative documents
adopted by the executive power and local
authorities, it is time to develop public opinion,
therefore, the consumers of the administrative
documents issued by them are considered to
be residents of the that region. After all, “The
people should not serve for authority,
governmental bodies should serve for
citzens”. [9]

CONCLUSION

In conclusion, we can say that the main
purpose of the administrative reforms carried
out is also to protect the rights and interests of
the citizens of the Republic, to create freedoms
for them, to prevent overexertion. Therefore,
every normative legal act adopted, every
administrative act must first of all serve the
interests of the people.

REFERENCES

1.

National database of legislation data,
11.12.2019-y., 06/19/5892/4134

2.

Towards rapid development and
renewal based on the strategy of
action. P:G.Gulam. Tashkent-2017.

3.

National database of legislation data,
28.09.2020-y., 06/20/6075/1330

4.

https://stat.sud.uz/file/2018-2019-2020

5.

https://stat.sud.uz/file/2018-2019-2020

6.

National database of legislation data,
05.09.2019-y., 03/19/563/3685

7.

National database of legislation data,
15.09.2020-y., 03/20/636/1276

8.

National database of legislation data,
07.01.2020-y., 03/20/600/0023

9.

SH.Mirzoyoev. "We will restore the
free and prosperous, democratic state
of

Uzbekistan

together.

T.:

“Uzbekistan”, 2017.

Библиографические ссылки

National database of legislation data, 11.12.2019-y., 06/19/5892/4134

Towards rapid development and renewal based on the strategy of action. P:G.Gulam. Tashkent-2017.

National database of legislation data, 28.09.2020-y., 06/20/6075/1330

https://stat.sud.uz/file/2018-2019-2020

https://stat.sud.uz/file/2018-2019-2020

National database of legislation data, 05.09.2019-y., 03/19/563/3685

National database of legislation data, 15.09.2020-y., 03/20/636/1276

National database of legislation data, 07.01.2020-y., 03/20/600/0023

SH.Mirzoyoev. "We will restore the free and prosperous, democratic state of Uzbekistan together. T.: "Uzbekistan”, 2017.

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