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THE SOCIAL NECESSITY OF CITIZENS' PARTICIPATION IN
MAINTAINING PUBLIC ORDER
Kushbakov Shohrukh Hasan ugli
Senior Lecturer of the Academy of the Ministry of Internal
Affairs of the Republic of Uzbekistan, Captain
Rasulov Dilshodbek Utkir ugli
Cadet of the Academy of the Ministry of Internal
Affairs of the Republic of Uzbekistan, Private
https://doi.org/10.5281/zenodo.14574982
Abstract
: This article examines foreign experiences and opinions of legal
scholars regarding the social necessity of citizen participation in maintaining
public order. The author has developed proposals and recommendations in this
field.
Keywords
: citizen, public order, public safety, public places.
Today, the development of our state in all spheres is opening up numerous
opportunities for our citizens. It is no secret that the changes taking place in
various areas of society are being implemented directly through the active
participation of citizens. Control over the activities of all state bodies
implementing state policy is carried out not only through legislative acts but also
through public oversight. In this regard, citizens' participation in maintaining
order in public places serves as evidence of our point. Let's first consider what
places are called public places. By public space, we can understand areas,
buildings, structures and their parts, as well as transport communications,
which are accessible to everyone without barriers (or for staying) or are
designed to meet various needs of citizens.
According to world scientists, public places are divided into 3 types:
1) Permanent public places - these are public places where citizens are
permanently present or have the possibility of permanent stay, are not defined
by working hours, and have objects of permanent residence of citizens. These
include transport highways, streets, residential areas, neighborhoods, districts,
territories of small districts, airports, and railway and bus stations.
2) Temporary public places include areas where citizens are temporarily
present or have the possibility of temporary stay, are defined by working hours,
and where there are no objects of permanent residence for citizens.
3) One-time public places are venues for mass public events and facilities
intended for mass public, agricultural, and other events (ceremonial and
religious) and specific territorial objects.
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The continuity of our current peaceful and prosperous life is primarily
expressed in how the political system in the country is managed and how
citizens respond to such policies. We know that it is the duty of each of us to
maintain peace in society. However, unfortunately, actions that negatively affect
the development of our state and disturb the peace of citizens still continue.
European scholars have identified the following types of public order
violations:
Consuming alcoholic beverages in public places (except in specially
designated areas), being intoxicated in public places;
Participating in gambling for money, items, and other valuables in yards,
terraces, parks, gardens, markets, public transport, beaches, and other public
places (except for specially designated areas);
Insulting citizens in public places and other similar actions that disrupt
public order and disturb the peace;
Climbing onto the steps and buffers of freight trains, commuter trains, and
long-distance trains;
Crossing streets and railways at unauthorized locations;
Disturbing the peace by singing loudly or playing musical instruments
(including the use of power tools for apartment renovations);
Misusing fire escapes, roofs, awnings, and basements of buildings;
Burning garbage near houses, setting fires near buildings, in forest
plantations, and in forests;
Swimming in prohibited areas, rivers, and ponds;
Picking flowers from lawns and flowerbeds, collecting protected wild
plants, damaging or destroying green spaces;
Damaging railway, aviation, and motor transport equipment, signaling and
communication devices, transported equipment, containers, and other property;
Throwing stones and other objects at trains; placing items on railway
tracks; entering restricted areas of air, water, and rail transport;
Storing household and industrial waste in unauthorized areas; parking
trucks between residential buildings and in courtyards; driving on pedestrian
paths; parking on lawns and playgrounds;
Violating rules for pet care and walking;
Entering stands, sports grounds, running tracks, and other areas
designated for sports and entertainment events, competitions, or other
activities, as well as actions that interfere with the conduct of these events;
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Using objects that create noise and disturb spectators or participants of
sports and entertainment events, as well as using barriers, lighting equipment,
platforms for television filming, and auxiliary structures for unauthorized
purposes;
Shouting insults that demean the dignity of organizers, performers, and
spectators at sports and entertainment events;
Organizing processions on streets, squares, and other public places after
sports and entertainment events that interfere with normal traffic flow or
disrupt public order, among others.
From the above-mentioned examples, it can be said that the regulation of
such disorders, which can currently occur in all areas without the participation
of citizens, creates new types of difficulties and problems. Therefore, it is
necessary to instill in citizens a desire to maintain public order and instill in
their minds ideas of love for the Motherland, humanity, honesty, and
brotherhood, instead of feelings of indifference and distrust of society. Because
many cases of disorder and violations, as well as crime, remain undisclosed
precisely because citizens are indifferent, unwilling to help others, or don't want
to waste their time. This creates a number of problems not only in crime
prevention, but also in their detection and elimination. In this regard, Russian
scholar Melnikov Oleg Yurevich in his scientific work identified legal and social
protection as a factor that encourages citizens to participate in the protection of
public order.[1]
As is known, systematic measures have been taken to address this type of
problem in the judicial and legal system, and this process continues to this day.
An example of this is the Decree of the President of the Republic of Uzbekistan
No. PP-2833 of March 14, 2017 "On Measures to Further Improve the System of
Crime Prevention and Combating Crime" [2] and the Resolution of the Cabinet of
Ministers "On Approving the Regulation on the Procedure for Stimulating the
Active Participation of Citizens and Public Organizations in Crime Prevention
and Combating Crime," issued to ensure the implementation of this resolution,
as well as to further strengthen the role of citizens and public organizations in
crime prevention and combating [3]
The resolution establishes a procedure for rewarding citizens for their
participation in crime prevention and combating crime, according to which
citizens and public organizations can be rewarded if there is one of the following
grounds:
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- prevention or suppression of an administrative offense that is planned or
committed intentionally;
- prevention of the commission of a crime as a result of informing law
enforcement agencies about the crime being prepared;
- assist law enforcement agencies in stopping intentional crime and its full
disclosure;
- disclosure of a crime as a result of identifying evidence that contributes
to its disclosure or providing information about the persons who committed it
or their whereabouts in respect of an undisclosed crime;
- in accordance with the law, report the hiding address of the person
declared wanted, assist law enforcement agencies in his detention;
- identification of a missing person on the basis of his information;
- active participation and direct implementation of propaganda and
propaganda activities in the field of crime prevention and combating crime
among the population;
- implementation of proposals and initiatives to eliminate the causes and
conditions that contribute to the commission of crimes.
Also, the resolution stipulates that proposals for the stimulation of citizens
and public organizations shall be implemented by the bodies directly carrying
out the prevention of offenses by submitting proposals to the republican and
territorial interdepartmental commissions for the prevention of offenses and the
fight against crime on the stimulation of citizens and public organizations. It is
planned to attach a protocol on an administrative offense, a decision to initiate a
criminal case, as well as a decision of the prosecutor's office, investigative,
inquiry and pre-investigation bodies or a court ruling on the cancellation of the
search in relation to the detained wanted person.
On April 12, 2018, the President of the Republic of Uzbekistan signed the
Law "On Public Control" [4]. The main purpose of this law is to regulate relations
in the field of organization and implementation of public control over the
activities of state bodies and institutions. The document provides for the
participation of citizens and media representatives in the inspection and
monitoring of the activities of state bodies. According to the law, subjects of
public control include citizens, citizens' self-government bodies, non-
governmental non-profit organizations, and the media. The activities of state
bodies, in particular law enforcement and supervisory bodies, and their officials,
have been identified as objects of public control.
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In connection with the implementation of the State Program for the
Implementation of the Action Strategy in Five Priority Areas of Development of
the Republic of Uzbekistan in 2017-2021 in the "Year of Active Investments and
Social Development," approved by the Decree of the President of the Republic of
Uzbekistan No. UP-5635 of January 17, 2019, and in order to effectively organize
the activities of assistants to prevention (senior) inspectors for public order
protection to provide practical assistance to internal affairs bodies in the field of
crime prevention and combating crime, the Cabinet of Ministers [7]
The Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan,
considering the report of the Cabinet of Ministers of the Republic of Uzbekistan
on the implementation in the first quarter of 2022 of the State Program for the
implementation of the New Uzbekistan Development Strategy for 2022-2026 in
the "Year of Honoring Human Dignity and Active Neighborhood," noted that the
government has taken a number of organizational and practical measures to
ensure the systematic and high-quality implementation of the State Program [8].
In addition, an analysis of the work carried out within the framework of
the priorities of the State Program over the past period, as well as the noted
important statistical indicators, showed that significant results have been
achieved in ensuring the implementation of reforms in the economic and social
sphere, increasing the level of comprehensive development of the regions of the
republic. The fact that 6,822 "Fidokor yoshlar" public patrol groups have been
established to ensure the peace and security of mahallas as part of all these
measures, also shows once again that the participation of our citizens in
maintaining public order is a social necessity for our state.
"It is known that social tension in society sharply intensifies during
emergencies: natural disasters, major accidents and catastrophes, epidemics,
mass massacres, socio-economic and political crises, terrorist acts. In such
situations, the existence of public structures that contribute to the protection of
law and order and the elimination of the consequences of emergencies is vitally
important.
These factors necessitate the search for and formalization of additional
mechanisms for maintaining public order, including the creation of public or
public-state organizations of citizens for the protection of public order.
In modern conditions, it is necessary to actively involve the public in
creating conditions for citizens to provide comprehensive assistance to the
internal affairs bodies in protecting public order and ensuring law and order. [
9]
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Scientists Y.Y. Kyle and S.V. Yepinina, who conducted research on this
topic, analyzed the mechanism of citizen participation in maintaining public
order in Great Britain, the United States, Spain, Norway, and other countries.
According to them, the more active the participation of citizens in the
activities of the public administration system, that is, the more widely citizens
are involved in public affairs, the more successfully the political and economic
spheres will develop [10].
It should be noted that the participation of citizens in maintaining public
order is primarily important in determining the measures of this participation,
methods of participation, and forms of interaction between the authorities and
the population.[11] If we analyze the legal regulation of citizen participation in
maintaining public order in Uzbekistan within the framework of current
legislation, it can be seen that this type of activity is not regulated separately at
the legislative level.
Today, most of the crimes committed on the streets and in public places
are attributed to cafes and bars, nightclubs and restaurants. Based on this, it is
advisable to introduce a mechanism called "Active Citizen." In particular,
according to it, the head of each entertainment facility (café, bar) in the territory,
using the status of a legal entity, on the basis of his order, assigns one of his
employees as a person responsible for maintaining public order on the territory
of the facility. The main task of this responsible person - "Active Citizen" is to be
in constant contact with the bodies responsible for ensuring public safety,
attached to the territory, and to appeal to eliminate any illegal actions
committed on the territory of the object, as well as the causes and conditions for
their commission. [12]
Furthermore, when studying the legislation of Belarus, Ukraine, Russia,
and Israel regarding the regulation of relations related to the preservation of
public order and the participation of citizens in it within the framework of law, it
can be seen that these relations are regulated within the framework of law
within the legislative system of these countries [13].
Our country is implementing numerous reforms aimed at further
increasing the participation of citizens in maintaining public order. As an
example, the Concept of Public Safety of the Republic of Uzbekistan, adopted as
ANNEX 1 to the Decree of the President of the Republic of Uzbekistan No. UP-27
of November 29, 2021, states that "ensuring public safety is carried out in
cooperation with state bodies and organizations, citizens' self-government
bodies, non-governmental non-profit organizations, public associations, citizens,
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and the media." The concept also divides the public safety system into entities
that ensure public safety and participate in it, where citizens are included as
entities involved in ensuring public safety. In addition, the Concept clearly
defines the powers of all subjects, defines the procedure for encouraging non-
governmental non-profit organizations and citizens who actively participate in
ensuring public safety as an important condition for the tasks of the Cabinet of
Ministers, which also shows how important it is to ensure the participation of
citizens in ensuring public safety and public order. [14]
In conclusion, it can be said that the human rights function of the state is
not only the creation of a system of law enforcement and other state bodies for
the protection of public order, but also the formation of a favorable legal
framework and organizational and technical conditions for the independent
protection of citizens. Therefore, in modern conditions, the most important
incentive factor for involving citizens in the protection of public order and a
necessary condition for the activities of law enforcement public associations is
the establishment of special measures of legal and social protection. To do this,
we must first create and ensure the social and legal protection of our citizens,
which arises as a result of their participation, before introducing their active
participation in maintaining public order. It should also be noted that one of the
most common forms of public-state cooperation presented by the internal
affairs bodies is the institution of citizen participation in the protection of public
order. The effectiveness of its operation largely depends on the level of
regulation in the legislation and the regulation of the basic concepts, principles,
forms of such participation, the status of persons involved in law enforcement,
including guarantees, benefits and compensations. Accordingly, the expansion of
public participation in the prevention and elimination of offenses, the
encouragement of reporting offenses, will contribute to the reduction of offenses
in the country and ensure the rule of law.
Furthermore, it would not be an exaggeration to say that the participation of
citizens in maintaining public order has become a social necessity of state policy.
In our time, when human rights and freedoms are being ensured and broad
opportunities are being created for citizens, the attention of the world
community is focused on our state's policy in the field of human rights. This
requires government agencies to exercise caution in maintaining public order
and working with citizens. Therefore, it is crucial to ensure the participation of
our citizens in maintaining public order across all spheres of society. However,
to prevent such participation from creating difficulties for citizens, it is
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necessary to strengthen their legal protection and appropriately reward the
results of their participation to encourage continued involvement. To this end,
first and foremost, reviewing and adopting the draft law "On the Participation of
Citizens in the Maintenance of Public Order" will further develop the system of
ensuring public safety and maintaining public order, which is considered the
main direction of state policy today.
References:
1. Melnikov Oleg Yurievich "Administrative and Legal Regulation of the
Participation of Citizens of the Russian Federation in the Protection of Public
Order" 2. Resolution of the President of the Republic of Uzbekistan dated March
14, 2017 No. PQ-2833 "On measures to further improve the system of crime
prevention and combating crime"
3. Resolution of the Cabinet of Ministers of the Republic of Uzbekistan "On
approval of the Regulation on the procedure for encouraging citizens and public
organizations for their active participation in the prevention of offenses and the
fight against crime"
4. Law of the President of the Republic of Uzbekistan "On Public Control"
5. Decree of the President of the Republic of Uzbekistan dated January 17, 2019
No. PF-5635
6. State Program for the Implementation of the Action Strategy in Five Priority
Directions of Development of the Republic of Uzbekistan in 2017-2021 in the
"Year of Active Investments and Social Development"
7. Resolution of the Cabinet of Ministers of the Republic of Uzbekistan "On the
organization of the activities of assistants to (senior) prevention inspectors of
internal affairs bodies for maintaining public order"
8. State Program for the Implementation of the Development Strategy of New
Uzbekistan for 2022-2026 in the "Year of Honoring Human Dignity and Active
Neighborhood"
9. Alimov Mukhiddin Ilkhomjon ogli, University of Public Safety Master's student
lieutenant "Participation of Citizens in the Maintenance of Public Order
Historical-Theoretical Significance" Journal of Pedagogical Inventions and
Practices ISSN NO: 2770-2367 https://zienjournals.com Date of Publication: 24-
10-2022
10. Kyle Y.Y. Participation as an important factor in improving the efficiency and
effectiveness of public administration in a constituent entity of the Russian
Federation / Y.Y. Keil, V.S. Yepinina // Regional Economics: Theory and Practice.
2013. No. 16. P. 30-38.
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11. Voronina L.I., Patyukov A.V. Participation of citizens in the protection of
public order: a comparative analysis of Russian and foreign experience //
https://elar.urfu.ru/bitstream/10995/77051/1/ 978-5-7996-2729-4_1_14.pdf.
12. Ibragimov Sherzod Shakirovich, Master's student of the Academy of the
Ministry of Internal Affairs of the Republic of Uzbekistan "Some aspects of
improving the activities of internal affairs bodies to maintain public order and
ensure security" Oriental Renaissance: Innovative, educational, natural and
social sciences Scientific Journal Impact Factor Advanced Sciences Index Factor
13. Sharipov S.S. Improving the activities of the patrol and post service of
internal affairs bodies // Bulletin of the Academy of the Ministry of Internal
Affairs of the Republic of Uzbekistan. - 2017. - No. 3. - P. 37-40.
14. Annex 1 to the Decree of the President of the Republic of Uzbekistan dated
November 29, 2021 No. PF-27. CONCEPT of public safety of the Republic of
Uzbekistan
15. Draft law "On participation of citizens in the maintenance of public order"
