Volume 03 Issue 01-2023
12
International Journal Of History And Political Sciences
(ISSN
–
2771-2222)
VOLUME
03
I
SSUE
01
Pages:
12-17
SJIF
I
MPACT
FACTOR
(2021:
5.
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)
(2022:
5.
705
)
OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
Within a historically short period of time after gaining independence, Uzbekistan introduced its state administration,
based on the traditions of national statehood, developed in all respects on the basis of the development of democratic
states. In this regard, the state management institutions that should be established, the principles of the separation
of powers and the final result that we should achieve in the end were explained in a number of works and pamphlets
of our first president, I.A. Karimov[1]. First of all, the legal basis for all reforms in the field of public administration and
separation of powers in Uzbekistan was created [2].
KEYWORDS
Strengthened, Constitution, modernization, general encyclopedia, legislative and executive systems.
INTRODUCTION
In particular, in Article 11 of our Constitution, the
Constitution of Uzbekistan, “the system of state
power in Uzbekistan is based on the principle of
division of power into legislative, executive and judicial
power”, and the legislation in this regard was
strengthened at the constitutional level [3] In addition,
serious attention was paid to the improvement of
regional representative bodies, which are considered
one of the main links in the modernization of state
administration. First of all, a legal framework was
formed in this regard and reforms in this regard were
successively developed. The first of the legal
Research Article
SOME PROBLEMS AND THEIR SOLUTIONS REGARDING THE
IMPLEMENTATION OF THE CONTROL FUNCTION OF LOCAL COUNCILS
OF PEOPLE’S DEPUTIES
Submission Date:
January 07, 2023,
Accepted Date:
January 12, 2023,
Published Date:
January 17, 2023
Crossref doi:
https://doi.org/10.37547/ijhps/Volume03Issue01-03
Sunatilla S. Akhatjonov
Researcher Of Namangan State University, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijhps
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 01-2023
13
International Journal Of History And Political Sciences
(ISSN
–
2771-2222)
VOLUME
03
I
SSUE
01
Pages:
12-17
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
documents adopted for this purpose was the
constitution of independent Uzbekistan. In particular,
section 5, chapter 21 of our general encyclopedia is
called “Fundamentals of local state power” and
included in this chapter are 99, (about the fact that
local councils of people’s deputies are representative
bodies of state power) 100, (about the powers of local
authorities) 101, ( activities of local representative
bodies in articles 102 (about the approval of the heads
of local councils and governors by local councils) and
103 (about the organization of the activities of local
councils, determining the scope of their authority and
the procedure for electing local c
ouncils of people’s
deputies) legally justified [3]. Later adopted Laws “On
Local State Power”, “On the Oliy Majlis of the Republic
of Uzbekistan”, “On Political Parties”, “On the Status
of a Deputy of the Regional, District and City Council of
People’s Deputies”, “On Citizen Self
-Government
Agencies”, “On elections to regional, district, city
councils of people’s deputies” and a number of other
laws have once again strengthened the legal basis of
the work to be done in this regard.
THE MAIN FINDINGS AND RESULTS
In particular, the law “On Local State Power” is of great
practical importance in determining the basis and
direction of the activities of local representative bodies
in Uzbekistan. This law was adopted in 1993 and
consists of 7 chapters and 29 articles. Subjects, object
of activity, powers and organizational processes of the
local representative div are based on it. In particular,
in Article 1 of the law, the subjects of local
representative bodies are defined in a clear and
understandable manner, which is expressed as follows.
“Councils of People’s Deputies in provinces, districts
and cities (with the exception of cities subordinate to
the district, as well as districts subordinate to the city)
are representative bodies of state power [4].”
Even now, reforms in this field continue at a rapid pace,
and the essence of these reforms is revealed in a
number of pamphlets and lectures of our president Sh.
Mirziyoev [5] In essence, the legislative and executive
systems of power are organized at the level of local
governments, and in this system, the role of law-
making power (or, more precisely, by-laws) is
performed by the Councils, headed by the governor,
consisting of deputies elected by the people, that is,
local representative bodies [6]. The executive power at
the local level is district and regional hokimities headed
by governors in regions and regions.
Local Councils of People’s Deputies are the
representative bodies of state power in regions, which
include deputies elected from regions and 60 members
of regional councils, and 30 members of district
councils. 30 deputies in city councils (except cities
included in districts), and 60 deputies in the city of
Tashkent form the council. Deputies work in local
councils for a five-year term of office. These Councils,
as representative bodies in the region, exercise public
control over the activities of the executive authorities.
Deputies perform their activities in groups. These
groups appear in the following 2 ways. In the first
group, political parties form a party deputy group
consisting of deputies elected to the Council from their
parties. At least five deputies from one party must be
elected [7] to form a party deputy group. If we take
into account that the number of political parties in
Uzbekistan is 5, we can see 5 party deputation groups
in one Council. But we don’t always see 5 party deputy
groups in the Council. For example, if we take into
account the newly formed ecological party of
Uzbekistan, this party had a lot of difficulty in taking
the seats of deputies in the local council elections in
2019. A single people’s deputy managed to occupy only
one of the existing 30 deputy seats in the Chust District
Council.
Volume 03 Issue 01-2023
14
International Journal Of History And Political Sciences
(ISSN
–
2771-2222)
VOLUME
03
I
SSUE
01
Pages:
12-17
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
In the second group, deputies carry out their activities
in the Council by joining permanent commissions
(depending on the situation, they can also form
temporary commissions) and have the right to send a
deputy's request with the request to give a reasoned
explanation or state their point of view to the heads of
organizations and responsible persons in the area
regarding the issues related to their activities.
At this point, I think it is necessary to pay attention to
the word deputy. In the Internet encyclopedia
prepared on the basis of the National Encyclopedia of
Uzbekistan,
the word “deputy” is defined as follows.
“Deputy
- (Latin: deputatus - representative) - an
elected member of the state representative div; In
the Republic of Uzbekistan - the authorized
representative of the people in the Oliy Majlis of the
Republic of Uzbekistan, the Dzhokorg Council of the
Republic of Karakalpakstan, people’s deputies in the
regional, district and city councils. Their status, powers,
guarantees of deputy activity are defined in the law of
the Republic of Uzbekistan “On the
status of deputies
in the Republic of Uzbekistan” (from the author: and in
a number of other laws) (May 6, 1995); 2) a person
delegated by the team (group) to perform any task
[8]”.
The right of a deputy of the local council (hereinafter,
deputy) to send a request to the deputy is based on
articles 5 and 8 of the law “On the status of deputies of
the regional, district and city councils of people’s
deputies” [9]. In addition, Chapter 9, Article 71 of the
Model Regulations of the People’s Deputies of
Regions, Districts and City Councils adopted on the
basis of Decision No. 154-II of December 30, 2010 of the
Senate Council of the Oliy Majlis of the Republic of
Uzbekistan serves as the legal basis for a deputy to
send a request to a deputy does [10]
In today’s practice, the presence of a number of
problems and shortcomings in the way deputies work
with requests for deputies is one of the factors that
prevent local Councils from performing their main
function of control. First of all, what is a parliamentary
inquiry? Looking for an answer to this question, we
turn to the National Encyclopedia of Uzbekistan.
According to it, “Deputy’s request (interpellation) is
the right of a member of parliament to demand an
official explanation from the government or some
minister on issues of the government’s general policy
or on certain activities”. In the Republic of Uzbekistan,
deputies of all systems have the right to address
relevant bodies and officials with requests. This right is
stipulated in the Law of the Republic of Uzbekistan
“On the Status of Deputies in the Republic of
Uzbekistan” (May 6, 1995) [11]”.
Article 8 of the Law “On the Status of the Deputy of the
Regional, District and City Council of People’s
Deputies” adopted in 2004 is called “Deputy request”
and according to this article, a request by a deputy is a
request by a deputy to the representatives of the local
executive authority and the enterprise on a social issue
is a request sent to the leaders of the organization with
a request to provide a reasoned explanation or state
their point of view [12]. The deadline for sending the
answer to the deputy's request is also specified in this
article, and this period means no more than ten days
from the date of receipt of the deputy
’s request. We
conducted a survey of the MPs themselves regarding
their opinion about the parliamentary election. But the
results of the research showed that not all deputies
fully understand the essence of the request for a
deputy, its legal status. Deputies can be divided into
three groups in terms of working with the request of a
deputy.
Volume 03 Issue 01-2023
15
International Journal Of History And Political Sciences
(ISSN
–
2771-2222)
VOLUME
03
I
SSUE
01
Pages:
12-17
SJIF
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MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
1-group deputies understand the nature of the
parliamentary request and this situation is reflected in
the requests sent by them. In such requests, the head
of the organization to which the request was sent was
asked to give an explanation or state his opinion on a
specific issue or situation. The content, form, date,
order number, address of the request are clearly
written, the language is polite and warning, free from
excessive pressure. In relation to such a deputation
request, the person in charge to whom the request
was sent is also very attentive, and there is a high
probability of returning the answer within the specified
period.
Deputies of the 2nd group, without fully understanding
the essence of the deputation request, and with a little
legal
knowledge
obtained
without
a
close
acquaintance with the relevant legislation, form a
wrong impression in their imagination about the
deputation request, and in their eyes, the deputation
request is a tool for the organization’s leaders and
other officials to issue and fulfill tasks. In the requests
sent by such thinking MPs, there is an approach of
pressure, an attempt to collect something, say, in the
name of the Road Construction Department, to
urgently demand the asphalting of a road somewhere.
We have seen that the officials to whom the request
was sent usually respond by reminding or explaining
the legal solution to the issue that needs to be
resolved, and sometimes leave it completely
unanswered.
Deputies of the 3rd group also replace it with “deputy’s
appeal” without fully understanding the essence of the
deputation request. The effectiveness of such requests
is also not as expected.
As a solution to these problems, the following tasks
should be performed.
The process of sending a request by the party’s
deputy group is not fully reflected in our legislation,
and it is appropriate to send a request in this manner
and its procedures to be fully reflected in the
legislation. Therefore, it is appropriate to put the
sentence “or deputy group” after the word “Deputy”
in paragraph 1 of Article 8 of the Law “On the Status of
the Deputy of the Regional, District and City Council of
People’s Deputies”. Through this sentence, the
process of sending requests of groups of deputies in
political
parties,
permanent
and
temporary
commissions finds its legal expression. Also:
Among the deputation requests, only the deputation
request has a legal basis in the
legislation, and today’s
practice shows that there are also deputation appeals
and recommendations that must be given by the
deputy. Therefore, we think that the types of written
messages sent by the deputy should find their legal
expression in the legislation and should be
distinguished from each other. This issue is reflected in
the law “On the Status of the Deputy of the Regional,
District and City Council of People’s Deputies”;
Training courses organized for ministries, their
departments
and
departments,
governorships,
departments included in them, and heads of regional
organizations and offices at all levels, allocating special
hours and topics for working with appeals in seminars
and trainings, including inquiries, appeals and
proposals sent by deputies. providing relevant
information and understanding about the methods
and procedures of working with;
The secretariats of the local Councils, which work on a
permanent basis, should effectively keep records and
control the requests of deputies, and if necessary,
discuss the requests of deputies in the session of the
local Council;
Volume 03 Issue 01-2023
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International Journal Of History And Political Sciences
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VOLUME
03
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Pages:
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SJIF
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5.
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)
OCLC
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Publisher:
Oscar Publishing Services
Servi
fill in the proposed sample title for the written request
of deputies of the local Councils, taking into account
the proposals recommended by us;
it is no secret that in today’s practice, appeals in our
country are regulated on the basis of the law “On
Appeals of Individuals and Legal Entities”. Through this
law, the appeals of both individuals and legal entities
are legally regulated and the types of appeals are
specified. But among the appeals, there is such a
category of appealers that they can be added neither
to the individual nor to the legal entity. Among the
applicants of this category, it is possible to add
deputies (deputies of all levels) and senators.
Therefore, we think that it is not appropriate to
regulate their requests based on the Law “On Appeals
of Individuals and Legal Entities”. In our opinion, it is
appropriate to accept deputies and senators, who are
considered
as representatives of the people, as “social
persons” and to introduce this term as a new norm in
our legislation. In order to regulate this issue, to
replace the Law “On Appeals of Individuals and Legal
Entities” with the new Law “On Appeals in the
Republ
ic of Uzbekistan” and to “pecify in the new law
individuals, legal and social entities, the types and
terms of appeals sent by them;
In our opinion, the essence of democracy means that
the people hold the law-making and executive control
in the management of the state. The issues of
executive control implemented by the supreme
representative bodies are expressed in the Law “On
Parliamentary Control”, and the issues of executive
control implemented by the local representative
bodies are not fully expressed in our current
legislation. Therefore, development of a single law “On
Representative Control” with a clear classification of
the forms of executive control performed by the
representative bodies, the subject and objects of the
control;
In the parliamentary system, which is the highest
representative div, there is an institution of sending
a request (parliamentary request) by the parliamentary
chambers, and introducing a similar institution in the
activity system of the local councils, i.e., the institution
of the Council request;
Introduction of new institutions and norms proposed
to be established above into science as political terms
and classification of these terms in encyclopedias, as
well as re-editing of the tariffs given in the
encyclopedias regarding the request of the deputy;
CONCLUSION
Adding sentences starting with an additional
paragraph to the end of Article 8 of the Law of the
Republic of Uzbekistan “On the Status of a Deputy of
the Regional, District and City Cou
ncil of People’s
Deputies” and to the relevant articles of normative
legal documents that legally reflect requests sent by
members of the Parliament and its chambers, and in
these sentences, a deputy or it is expedient to clearly
define the circumstances and terms of delay of the
request sent by the delegation group.
REFERENCES
1.
Islam
Karimov
“Uzbekistan:
national
independence, economy, political ideology” 1
volume, Tashkent, “Uzbekistan” 1996.
2.
I.A. Karimov. The path we have chosen is the path
of democratic development and cooperation with
the enlightened world. 15 volumes, “Uzbekistan”.
-
T:2003.
3.
Constitution of the Republic of Uzbekistan.
4.
Law “On Local State Power”.
Volume 03 Issue 01-2023
17
International Journal Of History And Political Sciences
(ISSN
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2771-2222)
VOLUME
03
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SSUE
01
Pages:
12-17
SJIF
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FACTOR
(2021:
5.
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)
(2022:
5.
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)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
5.
Shavkat Mirziyoev. “Together we will build a free
and
prosperous,
democratic
country
of
Uzbekistan” Tashkent –
“Uzbekistan”
- 2016.
6.
Collection of legal documents. 2008 52 numbers.
7.
B. Yusupov and the team of authors.
“Methodological recommendations
on some
issues of organizing the activity of party groups in
local councils of people’s deputies of political
parties”. Tashkent, 2020.
8.
https://uz.wikipedia.org/wiki/Deputy.
9.
Law “On the status of a deputy of the regional,
district and city Council o
f People’s Deputies”.
10.
Model Regulations of the Regional, District, City
Council of People’s Deputies. Chapter 9 Article 71.
11.
UzMU. The first volume. Tashkent, 2000
12.
Collection of legal documents. 2005. No. 3-4. 20
items
