Volume 04 Issue 02-2024
111
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
111-115
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 nature of citizens' participation in the process of norm making is analyzed from a
scientific-theoretical point of view and explained from different angles. In the process of reading the scientific work,
it becomes clear that the participation of citizens is not only a mature and thorough preparation of the accepted
normative legal acts, but also one of the important steps in building a civil society. This article is intended for students
of legal educational institutions, researchers conducting scientific research, and a wide range of readers.
KEYWORDS
Normative legal act, norm making, citizens' participation, law, legal nature.
INTRODUCTION
Analyzing the participation of citizens in the process of
creation of norms from different angles gives an
opportunity to understand its essence and legal nature
more deeply. One of them is the participation of
citizens in the process of norm creation as a form of
direct democracy.
It is known that democracy is the power of the people.
This axiom is reflected in relations such as formation of
public bodies of the people, participation in their
activities, provision of human rights and freedoms in
the country. In short, this concept rationally defines
the relationship between the individual and the state.
Types of democracy are divided into direct and indirect
(representative) . Currently, we can observe the
organization and functioning of the representative
bodies of the representative democracy, the election
of suitable candidates, the submission of various
reports by the officials, and others. Direct democracy
usually refers to electoral relations, citizens'
nomination of their candidates to representative
bodies or direct voting for relevant candidates, or
referendums. .
Research Article
LEGAL NATURE OF CITIZENS' PARTICIPATION IN THE PROCESS OF
MAKING OF NORMS
Submission Date:
February 17, 2024,
Accepted Date:
February 22, 2024,
Published Date:
February 27, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue02-19
Boymurodov Botir Panji Ugli
Senior Teacher Of Tashkent State Law University, Phd In Law 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
112
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
111-115
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
However, according to recent trends, the scope of
direct democracy is expanding. In particular, the
granting of additional powers to self-governing bodies,
the activation of civil society institutions, the effective
use of forms of public control, the activation of citizens
in the formation and distribution of the state budget,
and other such changes can be listed .
In contrast to traditional direct democracy (voting), in
its modern form, direct democracy is characterized by
active discussions, debates, proposals, and other
similar ongoing actions on relevant issues . According
to scientists, in the near future citizens' participation
will become more active in the preparation and
adoption of drafts of regulatory legal documents
related to budget and tax issues, urban development
projects, and environmental problems. . In particular,
according to the decision of the President of the
Republic of Uzbekistan "On measures to ensure the
openness of budget information and active
participation of citizens in the budget process", drafts
of the budgets of the state budget and state trust
funds and reports on their implementation are
developed by the Ministry of Finance of the Republic of
Uzbekistan "Budget for Citizens". ” information
publication was announced for public discussion . The
regulation "On the procedure for posting information
on official websites in order to ensure the transparency
of the budget process" approved by the order of the
Minister of Finance of the Republic of Uzbekistan
adopted on the basis of this decision established the
mechanisms for the formation of funds of the citizens'
initiative fund. . The above decisions and regulations
serve as the initial legal basis of the work in this regard.
Juxtaposition of direct democracy with representative
democracy is also seen as a conflict of rights and
interests of the community and individuals. In
particular, it is not for nothing that the need for citizen
participation in the process of creating norms raises
questions about whether it is a crisis of representative
democracy. This problem raises the question of what
should be the norm creativity in the modern world. The
problem is that the usual regulatory norm base is
related to the ability to respond to the growing social
challenges of society . However, direct democracy is
not opposed to indirect democracy, but complements
it.
As a form of direct democracy, citizens' participation in
norm creation and its legal nature are characterized by
the following features:
the opportunity to involve citizens more and more in
political and legal life will be created, thereby avoiding
being limited only to elections;
provides a platform for citizens to support their
legitimate interests, thereby creating a society based
on diversity of opinion;
it brings mass power closer to the masses;
allows civil society institutions to control the process of
norm creation.
leads to effective application of legal documents in
practice. The reason is that these norms are developed
and accepted directly by the people. The introduction
of citizen participation in the process of norm creation
serves the emergence of additional groups that help
the existing representatives in the parliament to solve
various problems. Such groups can prevent many of
the errors and omissions that could be made by a
representative parliament. The activation of citizens'
participation in the creation of norms is the beginning
of the occurrence of such events. The involvement of
collective intelligence in the process of norm creation
prepares the ground for the opening of closed doors
and, as a result, the adoption of better quality and
perfect regulatory legal documents. At the same time,
Volume 04 Issue 02-2024
113
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
111-115
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
the activation of citizens' participation in the process
of creation of norms prepares the ground for greater
closeness, mutual understanding and consensus, and
mutual trust between individuals, society and the
state.
The 21st century is the age of information. It is not
difficult to understand that issues related to the
personal rights of a person to receive information, the
introduction of effective organizational and legal
mechanisms for their implementation have become
more relevant than ever. Also, the latest events
happening in the world show that there is a need to
create "spaces of political dialogue" between the state
and citizens even today. The absence of such
mechanisms prevents the participation of citizens in
the process of norm creation from rising to the level of
a new social contract element between the state and
society .
In this respect, citizen participation in the process of
norm creation can be considered as an expression of
personal and political rights. After all, the world
community is increasingly realizing that it is the
inalienable right of a person to have the necessary
information about the creation of norms and to
present his thoughts and opinions based on it to the
representatives he chooses . Participation of citizens in
state affairs, having the opportunity to get acquainted
with the necessary information in this regard without
hindrance, has already been expressed in international
and national legal documents. In particular, according
to the Universal Declaration of Human Rights,
everyone has the right to directly or through freely
elected representatives participate in the governance
of their country . Citizens' participation in state power
and administration was traditionally carried out, that is,
through elected representatives, but now we can
witness that it is directly manifested after the reforms
aimed at ensuring the openness of the activities of
state bodies and the rise of the political-legal
consciousness and culture of the society. Also,
according to the International Covenant on Civil and
Political Rights, all nations have the right to self-
determination. . This international legal norm also
expresses the right of citizens to participate in state
power, including the activity of creating norms.
This right can also be found in the experience of some
foreign countries. The right of citizens to directly
participate in the activities of public authorities was
reflected in the "Bill of Rights" adopted in Great Britain
in 1689 .
When we talk about political rights, we usually think of
the right to vote. That is, the right of citizens to
participate in election processes is emphasized.
Undoubtedly, electoral relations have been a symbol of
the most important and indispensable political
activism of mankind for centuries. At the same time, it
is now required to look at these norms from the point
of view of the modern world. That is, along with the
formation of power, there is a need for direct
participation of citizens in the process of preparing and
accepting drafts of normative legal documents, which
are the most important and basic means of
implementing this power.
The degree to which human rights and freedoms and
legal interests are expressed in the existing legal
documents and ensured in practice is one of the
necessary indicators of the establishment of a legal
democratic state and civil society. In this regard, the
full realization of human rights and freedoms has
become one of the main goals in our country in recent
years. Our Constitution, which was created in
recognition of the supremacy of the generally
recognized rules of international law, stipulates that
every person has the right to apply directly to the
competent
state
bodies,
institutions
or
Volume 04 Issue 02-2024
114
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
111-115
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
representatives of the people with applications,
suggestions and complaints . With the Law of the
Republic of Uzbekistan "On Appeals of Natural and
Legal Entities" adopted on the basis of these
constitutional norms, the rights of citizens to appeal to
state authorities and management bodies were further
strengthened .
In addition, the Laws of the Republic of Uzbekistan "On
Regulatory-Legal Documents", "On the Procedure for
Preparing and Submitting Draft Laws to the Legislative
Chamber of the Oliy Majlis of the Republic of
Uzbekistan" state that citizens can participate in the
process of preparing and adopting draft regulatory
legal documents in various forms.
It is worth noting that participation of citizens in the
process of creation of norms is a right. Citizens can
participate in the creation of norms only voluntarily.
Any citizen whose participation is not provided for in
the service or career instructions cannot be forcibly
involved in the process of norm creation. A citizen who
has special knowledge and skills or special information
regarding the draft of a specific regulatory legal
document being developed will not have such an
obligation. The political rights of citizens related to
participation in the activities of state authorities and
management bodies, including the process of rule-
making, are set out in the Constitution of the Republic
of Uzbekistan, "On Appeals of Natural and Legal
Entities", "On Regulatory-Legal Documents" and
"Preparation of Draft Laws and Submission to the
Legislative Chamber of the Oliy Majlis of the Republic
of Uzbekistan" "On the Procedure of Entry" is
generally provided for in the Laws of the Republic of
Uzbekistan. However, it would be appropriate if the
forms and guarantees of citizens' participation in the
process of preparation and adoption of normative
legal documents are summarized in a single legal
framework - the Code of Norm Making.
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Volume 04 Issue 02-2024
115
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
111-115
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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