Volume 04 Issue 02-2024
121
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
121-126
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In this scientific article, the legal status of the representative bodies of the local state authorities of Karakalpakstan is
thoroughly analyzed on the basis of regulatory legal documents related to the field and scientific views of scientists
and opinions of their specialists.
KEYWORDS
Council, district, city, decision, authority, structure, secretariat, commission.
INTRODUCTION
In the current legislation, the concept of councils of
people's deputies is given a legal description in the
relevant norms, considering that in districts and cities
(except cities subordinate to the district) are
representative bodies of power.
However, in constitutional legal and other theoretical
sources, the concept of “representative bodies of local
state authorities” can be said that the unified definition
of “representative bodies of local state authorities of
Karakalpakstan” has not been f
ormed so far.
Before the scientific analysis of the Institute of
representation and its functional functions in the
system of state power, let us dwell on the concepts of
“representative” and “representative” themselves,
that is, their meaning and essence.
According
to
explanatory
dictionaries,
a
“representative” (Arabic –
reliable, competent person)
is a person who is authorized to act on behalf of a
person, institution, organization, pursues and protects
his interests. Representation is a legal action that
makes a person on behalf of a second person based on
a trust paper or administrative document[1].
From the definitions given to these concepts, it can be
understood that the essence of the activities of
representative bodies of local state government is
organized by the participation in the management of
Research Article
COUNCILS OF PEOPLE'S DEPUTIES OF KARAKALPAKSTAN LEGAL
STATUS
Submission Date:
February 19, 2024,
Accepted Date:
February 24, 2024,
Published Date:
February 29, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue02-21
Mambetnazarov Genjemurat Djumabaevich
Karakalpak State University Named After Berdakh Independent Researcher Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 02-2024
122
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
121-126
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
society and state affairs on their behalf, while
representing the rights and interests of citizens.
That is, the representative character of the councils of
people's deputies is shown by their election by the
population, the presence in their composition of
representatives of different classes, reflecting the will
of the population in a particular area[2].
It is known that the formation of state governing
bodies is characterized in different ways, depending on
the scope and width of the possibilities of the powers
of the governor. The powers of the municipality are
divided by Scope into higher and local level bodies. The
higher-level authorities of the state fully express power
and carry it out on the territory of the country. Local
bodies, on the other hand, carry out their functions in
the relevant territorial units, and the scope of their
competence will also apply only to these territories[3].
Only, based on the norms of legislation regulating local
state government, in the essence of the representative
bodies of local state government, the Regional, District
and Municipal Councils of people's deputies are
understood.
Some researchers and scholars interpret the category
of local representative bodies differently in their
research work.
The definitions given by the foreign scientists
M.Maslovskaya, A.Djagaryan and A.Barixins focus on
the formation of representative bodies of local state
government primarily through elections and the status
of a self-governing div.
In Particular, according to M.Maslovskaya, " the local
representative div is a mass authority consisting of
deputies elected in local elections, with special special
powers to resolve issues at the local level, based on the
interests of the population, taking into account
historical and other local customs”[4].
As a continuation of these ideas, A.Djagaryan considers
the local representative div to be a collegial div
that performs the function of representation of the
people at the local level, formed through elections, and
the main institution that implements the creativity of
the norm at the local level[5].
It is defined by another researcher A. Barihin is as an
electoral div of local self-government, which has the
right to express the interests of the population and
make decisions involving a certain territory on behalf
of the population in question[6].
M.Isabaev who did research on the same topic believes
that the representative div of local government is the
elective div of local governing bodies, which is a kind
of state government characterized by the protection
of the interests of the population and the
implementation of its activities on the basis of taking
into account the implementation of laws in the
territories, making decisions that apply on its behalf in
the local area[7].
According to G.Ismalova, “it is also a requirement of
necessity that the councils of people's deputies be,
first of all, a real people's representative div, that
deputies are elected by those who know the secrets of
society and public administration, understand the grief
of the people and can support it”[8].
In our opinion, the representative bodies of local state
authorities are the councils of regional people's
deputies, which provide for the implementation of
socio
–
economic development tasks common to these
regions, the implementation of legislative acts on the
premises, communication between state authorities
and governing bodies and citizens' self-governing
Volume 04 Issue 02-2024
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International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
121-126
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
bodies, the involvement of the population in the
management of cities and towns.
The term local council of people's deputies, more
specifically the Council of deputies, representing the
interests of the population of a district, city or
province, means Assembly[9].
Karakalpak jurist scholar J.Ermashev believes that the
most important features of the elements of the status
of local councils: their functional purpose, basic
principles of organization and activity, competence,
guarantees
of
independence,
a
system
of
organizational and legal forms of work and a
mechanism of responsibility are envisaged to be
regulated[10].
In the lawyer Z.Reymova's opinion, " let's briefly stop
at the legal status of the Local Council of the Republic
of Karakalpakstan. District and city councils of people's
deputies in the territory of the Republic of
Karakalpakstan increase their activities in accordance
with the Constitution of the Republic of Uzbekistan,
the Constitution and laws of the Republic of
Karakalpakstan, as well as their regulations. In the
Republic of Karakalpakstan, the councils of people's
deputies are legal representative authorities in districts
and cities (except for cities in the District)”[11].
The legal status of state authorities is determined by
their powers, directions of activity and organizational
and legal basis. Including, from the legislation, it can be
noted that the fact that the councils of people's
Deputies of the district and City are given specific
powers within the framework of the implementation
of socio-economic development tasks, which are
common as a representative div of state power, is a
key sign of their legal status. Karakalpakstan legal
scholars, in Nietullaev's view, “the position of the
deputies of the district and City Council of people's
deputies determines the fundamental content of the
rights, obligations and work of Deputies of the
council"[12].
In Karakalpakstan, the councils of district and
municipal People's deputies perform on their territory
functions that are similar in a certain sense to the
legislative div of the Republic
–
the Zhukurg Kenges
of the Republic of Karakalpakstan. In particular, the
adoption of a regulatory legal document in the form of
a decision, listening to the reports of the governor and
the heads of Public Administration, approving issues
according to the submission of the governor, etc
J.M.Ermashev who did research on these subjects,
argued that "the separation of executive bodies from
representative bodies did not diminish their role, but
rather ensured their independence and put an end to
the interference of executive bodies in the affairs of
representative bodies. As a result, representative
bodies with clearly defined tasks arose. The local
representative
bodies
of
the
Republic
of
Karakalpakstan today have very large powers, they
have the right to solve all local issues"[13].
In our opinion, it is appropriate to understand the legal
status of representative bodies of local government
–
their legal status, that is, the procedure for the
organization of local councils, their powers and the
period of their validity, guarantees of the functioning
of councils and the set of associated organizational and
legal relations.
Issues that are part of the legal status of the local
councils of the Republic of Karakalpakstan can be
analyzed on the basis of legislative norms related to
the industry as follows.
1) The procedure for the organization of local councils.
Since councils are representative bodies, they are
organized by elections. Relations related to the
Volume 04 Issue 02-2024
124
International Journal Of Law And Criminology
(ISSN
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VOLUME
04
ISSUE
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P
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:
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SJIF
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(2021:
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(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
preparation and conduct of elections of Deputies of
the district and Municipal Councils of people's deputies
are regulated by electoral law.
2) Powers of local councils. According to the law on
local state government, at the same time, the district
and city councils of people's deputies exercise the
relevant powers within the framework of ensuring the
implementation of legislative acts that stand high in
the implementation of the tasks of general socio-
economic development of territories and the
connection between state authorities and governing
bodies and citizens' self-governing bodies.
3) Guarantees in the activities of local councils. The
independence of the activities of district and Municipal
Councils of people's deputies was determined at the
same time. That is, in the decree of the president of the
Republic of Uzbekistan dated February 2, 2024 "on
measures to increase the efficiency of the activities of
local public authorities", it was established that
"interference in the activities of local councils by state
authorities and governing bodies is not allowed"[14].
It is also necessary to take into account the fact that
the current legislation guarantees the activities of the
entities that make up the activities of the council, that
is, deputies, even if the system of guarantees of the
activities of local councils is not established by the
relevant legal norms. In particular, "such issues as the
protection of the rights, honor and dignity of the
deputy, the right of the deputy to immunity, the right
to immediate acceptance by officials, the release of the
deputy from military gatherings, its information and
material and technical support, and the right to free
transportation are the main guarantees of the
activities of the deputy"[15].
According to Karakalpak law scholars S.Nietullaev,
Z.Reymova and J.Ermashevs' comments on the legal
status of the local councils of the Republic of
Karakalpakstan, we think that the concept of the legal
status of the representative bodies of the local state
authorities of Karakalpakstan
–
includes the order of
establishment of local councils of the Republic of
Karakalpakstan, powers, guarantees of activity and
other organizational and legal relations.
It should be noted that today local state authorities
need a separate regulatory legal document separating
the legal status of representative bodies and executive
bodies.
In this regard, the legal scholar as O.T.Khusanov
correctly noted, “the activities of the current local
authorities (councils and IOC) are regulated by the law
“On local state government” of September 2, 1993
(which has several amendments made to it). Although
they were considered separate authorities, their
activities were regulated by one law, in which the
governor was guided by both the Council and the
executive, preventing them from acting completely
independently of each other. The control of the
executive power of the representative power over its
activities, the accountability of the governors before
the councils, remained a formality. Based on the main
ideas of the above shortcomings and reforms in
management, now other laws needed applying.
President of the Republic of Uzbekistan dated January
28, 2022 On the implementation of the state program
on implementation of the development strategy of
New Uzbekistan for 2022-
2026 in the “year of
glorification
of
human
dignity
and
active
neighborhood”, approved by Decree No. 60, the
Ministry of Justice of the Republic of Uzbekistan
developed a draft law “on local representative
bodies”[17] developed in 2022.
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Publisher:
Oscar Publishing Services
Servi
The draft law "On local representative bodies" consists
of 7 chapters and 58 articles, reflecting the economic
basis of the activities of the local representative div,
its structure and the organizational basis of their
activities, the powers of the councils of people's
deputies, guarantees of legitimacy in the activities of
the Council of people's deputies, provisions on the
implementation.
The draft law "On local representative bodies"
contains many new aspects and provisions, which
include the revitalization of the activities of
Representative authorities, activation[18].
At the same time, reforms aimed at strengthening the
role of local councils in the management of state and
society, establishing local state power in new
constitutional-legal conditions are being implemented
on the basis of the decree of the president of the
Republic of Uzbekistan dated February 2, 2024 “on
measures to increase the efficiency of the activities of
local public authorities”. With this decree, certain
powers are transferred to local councils of people's
deputies in order to increase the role of representative
bodies of local state authorities in solving important
issues of society and state life, and some powers of the
Council are systematized[19].
By this decree, it was established that the duties and
functions of local councils are assigned only by
legislative acts, that interference in the activities of
local councils by state authorities and governing
bodies is not allowed, that in the development of draft
normative legal acts, the practice of clearly defining
tasks between representative bodies of local
government and executive authorities is introduced,
that local executive[20].
These norms directly strengthen the legal status of
territorial councils, ensuring their independence from
the executive bodies.
From the mentioned, it can be concluded that the
reforms carried out today, while further strengthening
the legal status of local councils and ensuring that they
operate independently of the executive bodies, give
rise to the institution of representation of popularism.
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126
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
121-126
SJIF
I
MPACT
FACTOR
(2021:
5.
705
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(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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