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LEGAL NORMS OF INTERACTION BETWEEN MAHALLA
INSTITUTIONS AND STATE AUTHORITIES PROBLEMS OF
IMPROVEMENT
Ismailov K.K.
Doctoral student of Karakalpak State University
https://doi.org/10.5281/zenodo.16713142
Abstract.
Amendments and additions to the law on the interaction between
mahalla institutions and state authorities, and on the election of citizens'
assembly chairpersons, are necessary. It is stated that the organisation and
conduct of elections should be supplemented with new principles, as should the
representation of citizens.
Key words:
Elections for mahalla institutions, the constitution, state
authorities and citizens' assembly chairpersons.
In a traditional society, the main moral norm for residents of the mahalla is
to comply with the community's behavioural rules. These are our traditions. The
mahalla is firmly embedded in Uzbek culture [1].
The mahalla institution
is a social institution formed by the public and
operating in cooperation with the state. It represents the social, cultural,
economic and legal interests of a given population or territory, and is aimed at
protecting and regulating them. It incorporates traditional and modern
management mechanisms and functions of social control.
Cooperation between the mahalla and state bodies
involves interaction
between mahalla institutions and state authorities. This implies joint activities in
areas such as social management, maintaining public order, providing social
services and protecting citizens' interests. This cooperation is based on the
distribution of powers, responsibilities and resources within the system of social
relations and legal norms.
The Decree of the President of the Republic of Uzbekistan, dated 3 February
this year, 'On Measures for Further Improvement of the Mahalla Institute',
establishes the legal basis for this structure and sets out its key objectives, which
include transforming the mahalla into a structure that is closest to and most
oriented towards the population, and further developing cooperation with state
bodies and civil society institutions.
It is known that our ancestors initially engaged in economic activities
naturally. The mahalla served as a market of sorts, directing its inhabitants
towards the production or cultivation of certain products and facilitating their
mutual exchange. Narrow economic ties forced community members to
coordinate their activities with others and produce goods necessary for the
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mahalla. For this reason, even after thousands of years, mahallas have not lost
their significance in socio-economic relations. The state is consistently
improving the procedure for organising citizens' self-government activities,
strengthening their legal foundations [2].
A Model Plan is currently in effect by the Supreme Council. However, this
Model Plan does not comply with current legislation. This is because the
commissions established in the Plan have changed completely. In our opinion,
the Council of Ministers should develop and approve a 'Model Regulation' on the
citizens' assembly of the Republic of Karakalpakstan.
Further enhancing the role of the mahalla in our socio-economic life will
remain at the centre of our attention. To this end, the citizens' assembly of the
mahalla will be granted the right to submit proposals to sessions of the local
council of people's deputies in its territory, and to participate in the
development and discussion of the council's draft decisions. To identify and
solve social problems that cause discontent among the population, the following
practices will be established: - monthly discussions with the mahalla chairman -
monthly reports from the heads of relevant state bodies and organisations at the
mahalla council. The institutions of 'mahalla control' and 'mahalla chairman's
inquiry' will also be introduced.
Regulation of relations on the organization and conduct of elections of
chairpersons (aksakals) of citizens' assemblies is aimed at ensuring the exercise
of citizens' rights in the manner prescribed by the Constitution of the Republic of
Uzbekistan and the Constitution of the Republic of Karakalpakstan.
In accordance with Article 99 of the Constitution of the Republic of
Karakalpakstan: In settlements and mahallas, as well as in cities and their
mahallas, citizens' assemblies are bodies of self-government which elect a
chairman (aksakal).
The Law of the Republic of Karakalpakstan ''On the Election of the
Chairperson of the Citizens' Assembly', adopted on 27 March 2019, regulates the
procedure for organising and conducting elections for the chairperson of the
citizens' assembly. According to Article 9 of this law: 'State bodies assist
citizens'' assemblies in organising and conducting elections for the chairperson
of the citizens' assembly and, if necessary, must provide them with premises,
transport and communication facilities.' Therefore, state authorities and
administrations must provide practical assistance to citizens' assemblies in
organising and conducting elections for chairpersons of citizens' assemblies. The
Jokargy Kenes of the Republic of Karakalpakstan is involved in determining the
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procedure for elections to citizens' self-government bodies and in approving the
composition of the Republican Commission.
On 24 March 2022, in accordance with Article 99 of the Constitution of the
Republic of Karakalpakstan [3], Article 23 of the Law 'On Citizens' Self-
Government Bodies', Article 57 of the Law 'On the Regulations of the Jokargy
Kenes of the Republic of Karakalpakstan', and Articles 8, 10 and 11, and 12 of the
Law 'On Elections of the Chairperson (Aksakal) of the Citizens' Assembly', and in
connection with the expiration of the term of office of the chairpersons of
citizens' assemblies in May 2022. This was also in accordance with the
Resolution of the Presidium of the Jokargy Kenes of the Republic of
Karakalpakstan No. QQ-320-IV 'On the preparation and conduct of elections of
chairpersons (aksakals) of citizens' assemblies', the resolution of the Presidium
of the Jokargy Kenes of the Republic of Karakalpakstan № 639 was adopted.
Legal scholar D.D. Shalyagin notes that the social service role of the US
police is increasing year by year [4]. To encourage citizens to play an active role
in maintaining law and order, the police use various methods, such as providing
attractive uniforms, rewarding their work in different ways, organising free
events, offering monetary incentives, delivering speeches in the media and
announcing gratitude from senior state officials [5].
The voluntary police service in Germany has been operating since 1963.
Those who have undergone two weeks of preliminary training and been tested
for their ability to perform police duties are admitted to the service, with 10–15
people forming one group [6]. Volunteer police service members provide close
assistance to the police in situations such as mass riots and the search for
missing persons. They are paid a monetary reward for this work [7].
To effectively ensure public participation in maintaining public order and
security, and in preventing offences, the Russian Federation has created the
necessary legal framework, which includes The Federal Law 'On the
Participation of Citizens in the Protection of Public Order' (dated 2 April 2014),
as well as over 500 territorial regulatory legal acts [8].
It should be noted that regular cooperation between the police and the
public in ensuring public order and security can achieve the following:
Firstly, it can ensure law and order at the local level and effectively
maintain public order and security.
Secondly, it can establish effective public control over the activities of police
bodies.
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Thirdly, it can demonstrate that both the police and the public are
responsible for ensuring public order and security in the region and preventing
offences.
References:
1. G. R. Malikova, 'Historical and Legal Issues of the Development of the Mahalla
Institute', Bulletin of Chelyabinsk State University. 'Historical and Legal Issues of
the Development of the Mahalla Institute', Bulletin of Chelyabinsk State
University, 2014. No. 14 (343), 2014. No. 14 (343). Political Sciences. Oriental
Studies. Issue: 15. pp. 88–94.
2. Z. A. Reimova's dissertation: 'Organisational and Legal Foundations of the
Activities of Citizens' Self-Government Bodies in the Republic of
Karakalpakstan'. T.: Uzbekistan, 2015.
3. Constitution of the Republic of Karakalpakstan. N.: 'Karakalpakstan', 2021
4. D. D. Shalyagin, 'US Police: Organizational and Legal Basis of Activity'.
Abstract. Diss. Cand. Jurid. Sciences. Moscow, 1998.
5. S. M. Inshakov, Foreign Criminology. Moscow, 1997. p. 47.
6. V. I. Majorov, 'Organization of Public Order Protection Activities in the USA,
European Countries, and Russia': Textbook. Chelyabinsk: 2003. p. 16.
7. A. V. Gubanov, 'The police in Western European states': Main Features of
Organisation and Activity. Textbook. Moscow, 1990. p. 38.
8. P. O. Ilin, 'Features of the activities of people's detachments from among the
registered Cossack societies involved by the internal affairs bodies of the
Ministry of Internal Affairs of Russia in the protection of public order', URL:
http://cyberleninka.ru/article.
