ACADEMIC RESEARCH IN MODERN SCIENCE
International scientific-online conference
166
STAGES OF FORMATION AND DEVELOPMENT OF THE INSTITUTE
FOR REGULATORY IMPACT ASSESSMENT IN THE REPUBLIC OF
UZBEKISTAN
Mukumov Bobur Meliboy ugli
Senior lecture at Tashkent State University of Law
Е-mail: bmuqumov@gmail.com
https://doi.org/10.5281/zenodo.15648880
Abstract:
This article analyzes the formation and evolution of the
regulatory impact assessment (RIA) system in Uzbekistan, structured across
four key stages from 2006 to the present. Emphasis is placed on institutional
reforms, legal frameworks, and the adoption of international standards. The role
of the Ministry of Justice, the implementation of digital tools, and the
introduction of mandatory RIA procedures are highlighted. The study concludes
that RIA has become a vital mechanism for enhancing regulatory quality, legal
predictability, and public policy efficiency.
Keywords:
Regulatory Impact Assessment (RIA), legal reform, smart
regulation, regulatory governance; ex-ante and ex-post assessment, normative
legal acts, institutional development, public policy analysis, administrative law.
The Republic of Uzbekistan is taking a number of important measures
aimed at systematizing and improving the process of evaluating regulatory legal
acts. Over the past period, the objectives of the ODS have been determined. The
main objective of this procedure is to identify the possible consequences of the
adoption of a regulatory act or restrictions for entrepreneurs and other
interested parties. This was an important step in preventing unnecessary
pressure on businesses and increasing regulatory transparency.
In 2006-2007, the republic began to form the foundations for the
introduction of the institute for regulatory impact assessment. This period is
characterized by an initial initiative to study international experience and
introduce best practices aimed at improving the business climate in the country.
The key event of this stage was the signing of a memorandum of cooperation
with the International Finance Corporation. This memorandum played an
important role in integrating the international experience and principles of ODS
into the regulatory and legal activities of Uzbekistan. The establishment of the
ODS implementation working group and the conclusion of the memorandum
became the basis for further steps to form the legal and organizational
infrastructure necessary for the successful implementation of regulatory impact
assessment.
ACADEMIC RESEARCH IN MODERN SCIENCE
International scientific-online conference
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In 2008-2014, the active phase of the establishment of the ODS institute in
Uzbekistan began. This period was marked by the adoption of a number of key
documents and initiatives aimed at improving the business climate and
increasing the transparency of law-making activities. The adoption of
documents simplifying licensing and issuing permits, and the consolidation of
the principle that regulations that complicate business conditions come into
force no earlier than three months after publication, have become important
steps towards improving the business environment. These measures allowed
entrepreneurs to prepare for the changes and minimize the negative
consequences of the sudden entry into force of the new regulations.
One of the significant innovations was the requirement to post all acts
related to business interaction on the official websites of government agencies.
This requirement has significantly increased the transparency and accessibility
of information for entrepreneurs. The introduction of the Unified Portal of
Interactive Public Services (EPIG) allowed entrepreneurs to make suggestions
and comments on draft regulations, which ensured the participation of
businesses in the process of their development. Also during this period, the
procedure for assessing the impact of developed and existing regulations on
business activities was introduced, which provided a systematic analysis and
improvement of regulations.
Since 2018, the period of active development of the ODS institute has
begun, during which systematic measures have been taken to streamline and
improve law-making activities. The approval of the concept of improving
normative activity has become a key event of this stage. The concept focused on
creating a systematic legislative framework, eliminating legal conflicts and
ensuring the stability of legal regulation. The main directions were to improve
the quality of the preparation of regulatory legal acts, the introduction of
modern technologies into the legislative process and the introduction of the
principles of "smart regulation".
An important step in this period was the mandatory implementation of ODS
for regulations affecting business activities. Attention was also focused on the
implementation of international experience in conducting mandatory regulatory
impact assessments, which made it possible to analyze the impact of laws on
competition and predict their consequences. The introduction of a unified
electronic system for the development and approval of draft regulations has
greatly simplified the process of their review and increased transparency.
ACADEMIC RESEARCH IN MODERN SCIENCE
International scientific-online conference
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Since 2021, Uzbekistan has entered a new period of further development of
the institute for regulatory impact assessment. This stage is characterized by the
adoption of a number of measures aimed at systematizing and improving the
process of evaluating regulatory legal acts. The adoption of the Decree of the
President of the Republic of Uzbekistan No. PP-5025 dated March 15, 2021 was
an important step in this direction. The Resolution established a specific
procedure for conducting an ODS and defined the goals and exceptions
associated with conducting an assessment. In accordance with the document,
the mandatory conduct of ODS was established for regulations affecting business
activities, with the obligation to justify the refusal to conduct an assessment in
exceptional cases .
One of the significant innovations was the definition of the Ministry of
Justice as the coordinator of all RIA activities. The Ministry of Justice has become
responsible for methodological support and coordination of the work of
government agencies and other organizations responsible for conducting the
assessment. The ODS methodology was also approved, which regulated two
approaches: "ex-ante" for drafts of new regulations and "ex-post" for existing
acts. These methods include analyzing alternatives, calculating benefits and
costs, and conducting public discussions.
The adoption of the Law of the Republic of Uzbekistan "On Regulatory Legal
Acts" in a new edition dated April 20, 2021, consolidated the assessment of
regulatory impact as a set of measures aimed at identifying and assessing the
consequences of the adoption of regulatory acts. The legislative consolidation of
the regulatory impact assessment has provided a more structured approach to
the analysis of the effectiveness and efficiency of regulations.
When comparing different approaches to the periodization of the
development of ODS in Uzbekistan, the opinion of domestic scientists was
studied and a comparative analysis of various approaches was carried out. For
example, some Russian scientists adhere to the following approach to the
periodization of ODS and identify three key stages: preparatory (2008-2018),
formation (2018-2019) and further development (from 2020). As you can see, in
this case, attention is focused on the gradual strengthening of the institutional
framework and the complication of regulatory impact assessment mechanisms.
While our approach includes four stages, starting in 2006, with an emphasis on
specific legislative acts and reforms.
The difference between the approach presented in this paper is a more
detailed description of specific measures and legislative changes at each stage,
ACADEMIC RESEARCH IN MODERN SCIENCE
International scientific-online conference
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such as the introduction of an electronic project approval system and the
principles of "smart regulation".
In this regard, it should be noted that the development of the institute for
regulatory impact assessment in the Republic of Uzbekistan is a multifaceted
process, including preparatory, formative, developmental and modern stages.
Each of these stages is characterized by special achievements and challenges
that have contributed to the improvement of law-making activities and the
creation of a more transparent and predictable business environment.
The measures taken, such as the approval of specific RIA procedures, the
creation of an assessment methodology and the development of an electronic
system, have become important steps towards improving the quality of
regulation and improving the effectiveness of standard-setting activities. At the
same time, a comparative analysis of various approaches to the periodization of
the development of ODS highlights the importance of an integrated and
multifaceted approach to the assessment and improvement of legal systems.
References:
1.
The Law of the Republic of Uzbekistan dated 04/20/2021 "On normative
legal acts" No. ZRU-682. (National Database of Legislation, 04/10/2025, No.
03/25/1054/0329).
2.
Decree of the President of the Republic of Uzbekistan, dated 08.08.2018,
No. DP-5505 "On approval of the Concept of improving standard-setting
activities"
(National
Database
of
Legislation,
04/30/2021,
No.
06/21/6218/0398).
3.
Decree of the President of the Republic of Uzbekistan dated March 15,
2021 No. DP–5025 "On measures to further improve the regulatory impact
assessment system" (National Database of Legislation, 03/01/2025, No.
06/25/35/0204).
4.
Order of the Minister of Justice of the Republic of Uzbekistan, registered
03/31/2021, reg. number 3292 "On approval of the methodology and the forms
of the regulatory impact assessment report of draft regulatory legal acts and
adopted regulatory legal acts". (National Database of Legislation, 10/14/2024,
No. 0/24/3292-08/11/10-sleep).
