Volume 03 Issue 08-2023
50
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
50-55
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article analyzes the main sources of the regulatory framework of the Republic of Uzbekistan, which established
the introduction of a holistic assessment of the regulatory impact in rule-making. Regulatory impact assessment of
regulations is seen as one of the main components of the "smart regulation" model recommended today by the
Organization for Economic Development and Cooperation to improve regulation. Also, the article discusses the
measures provided for in the Concept for improving rule-making activities to introduce "smart regulation"
mechanisms in the country. Moreover, the author puts forward an assumption for the further development of the
institutional framework for assessing the regulatory impact of normative legal acts through the creation of a
specialized Council authorized to control rulemaking.
KEYWORDS
Rulemaking, legal act, regulatory impact assessment, "smart regulation" model, Rulemaking Optimization Council,
coordination of regulatory impact assessment activities.
INTRODUCTION
Currently, in our country, as well as in many countries
of the world, “normative inflation” is observed, which
includes two interrelated areas: first, there is an
intensification of legislation, which is expressed in the
adoption of a large number of regulatory legal acts;
secondly, there is a trend of constant novelization of
legislation, that is, changes and additions are regularly
made to existing legal acts.
This is due to the fact that no matter what events take
place in the world, society expects quick response
measures from the state. The reaction of the state is
often expressed by the adoption of legal acts binding
on all in various spheres of public life.
However, when you have to quickly “write” legal acts,
this leads to the creation of legal documents that
Research Article
ISSUES OF DEVELOPMENT OF REGULATORY IMPACT ASSESSMENT IN
THE REPUBLIC OF UZBEKISTAN
Submission Date:
August 15, 2023,
Accepted Date:
August 20, 2023,
Published Date:
August 25, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue08-10
Sultanova Sabohat Alisherovna
Senior Lecturer Of Tashkent State University Of Law, 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 03 Issue 08-2023
51
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
50-55
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
impose unnecessary obligations and restrictions on
citizens and entrepreneurs, on the one hand, and the
creation of inefficient legislation with duplicating,
conflicting rules, on the other hand, and an increase in
costs. for the enforcement of these legal provisions by
a third party.
In this regard, the problem of finding new ways, tools
to help identify alternative regulation options,
calculate the benefits and costs of the introduced
regulation, and, in general, understand the extent to
which government intervention is necessary is very
relevant. In Western countries for these purposes in
the 1980-1990s. a system for assessing the regulatory
impact of regulatory legal acts was launched, which
was the core of the subsequent model (concept) of
“smart regulation”. At first, the
understanding that
there should not be too many legal acts (“Less
regulation”) increased, after which debates began and
attempts were made to make regulation qualitative
and effective. Thus, the idea of “better regulation”
appeared, which was subsequently reflected in the
concept of “smart regulation”
The purpose of this article is to analyze the main
sources of the regulatory and legal framework of the
country that has established the implementation of a
holistic regulatory impact assessment, firstly, and to
find ways to further development the institutional
framework for assessing the regulatory impact of
regulatory legal acts, secondly.
Emphasizing the importance of regulatory impact
assessment in “smart regulation”, it should be noted
that regulatory impact assessment (RIA) is a regulated
procedure, during which a problem in society that
requires regulation is identified, possible regulation
options are prepared and analyzed, a draft regulatory
and legal an act reflecting the preferred variant of
regulation, or a proposal on the inexpediency of
changing the existing regulation. The Organization for
Economic Co-operation and Development defines RIA
as “a mechanism for systematically identifying and
assessing the benefits and costs of proposed
regulations” [
1]. Scott Jacobs, global evaluator, defines
RIA as a tool, a method: “1) systematically and
consistently
examining
individual
potential
consequences arising from government actions and 2)
conveying information to decision makers. This is a
flexible tool. Its goals, methodology and role in the
administrative processes of different countries and
even areas of regulation differ” [2].
Approved by Decree of the President of the Republic
of Uzbekistan dated August 8, 2018 No. UP-5505, the
Concept
for
improving
rule-making
activities
established very important measures aimed at
improving rule-making activities and introducing
“smart regulation” mechanisms in the Republic of
Uzbekistan [3].
This Concept marked the beginning of a new stage of
rule-making activity. After all, for many years, the
formed practice does not meet the realities of our
time. For example, during 2008-2017, more than 8
thousand regulatory legal acts were adopted in the
Republic of Uzbekistan, half of which were
subsequently canceled. Moreover, during 2017-2018,
more than 900 legal acts were partially or completely
canceled [4].
Today, specific measures are being taken to implement
this Concept. For example, the development, approval,
adoption, legal expertise and state registration of draft
departmental legal acts are carried out through the
Unified Electronic System [5].
Volume 03 Issue 08-2023
52
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
50-55
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Undoubtedly, the most important element of the
“smart regulation” model is the regulatory impact
assessment (RIA) of regulatory legal acts. RIA is a
socio-economic study aimed at identifying the
feasibility of introducing certain regulatory measures,
legal acts. For example, in the USA, Canada, Great
Britain, Australia, Austria, Germany, France and other
countries of the Organization for Economic
Cooperation and Development (OECD), the need to
prepare a report on the assessment of the regulatory
impact of a draft government decision submitted to
the parliament or government is required by law.
Considering that RIA is a labor-intensive procedure, it is
important to determine the scope of RIA coverage. The
establishment of certain "filters" for the selection of
legal acts that fall under the assessment of regulatory
impact in each individual country is different. The Law
of the Republic of Uzbekistan “On Regulatory Legal
Acts” No. ZR
U-682 dated April 20, 2021 [6] for the first
time established the obligation to conduct RIA in
relation
to
regulatory
legal
acts
affecting
entrepreneurial activity, rights, freedoms and
legitimate interests of citizens, as well as environment.
Decree of the Cabinet of Ministers of the Republic of
Uzbekistan "On measures to further systematize the
legislative framework" No. 396 dated July 21, 2022. the
regulatory guillotine method was applied [7]. Earlier, a
slightly different inventory of legislation was carried
out by the Decree of the President of the Republic of
Uzbekistan “On measures to improve the business
environment in the country through the introduction
of a system for reviewing legislative acts that have lost
their relevance” No. UP
-6075 dated September 27,
2020, through which about 500 legal and regulatory
acts [8].
In 2020, in particular, with the adoption of the Decree
of the President of the Republic of Uzbekistan dated
September 27, 2020 No. UP-
6075 “On measures to
improve the business environment in the country
through the introduction of a system for reviewing
legislative acts that have lost their relevance”, the
organizational and legal issues of implementing and
conducting a holistic assessment of the regulatory
impact in our country, since the Ministry of Justice of
the Republic of Uzbekistan was determined by the
div authorized to coordinate the activities of the RIA
legislation.
Кроме того, данным документом установлено, что в
Республике Узбекистан будет проводится оценка
регуляторного воздействия проектов нормативно
-
правовых
актов
(со
стороны
органов
-
разработчиков), а также оценка регуляторного
воздействия действующих нормативно
-
правовых
актов [8].
The adoption in 2021 of the order of the Minister of
Justice on the approval of the Methodology and forms
of the report on the regulatory impact assessment of
draft regulatory legal acts and adopted regulatory
legal acts completed the organizational and legal
process of introducing a holistic regulatory impact
assessment in the Republic of Uzbekistan [9]. This
methodology defined such RIA methods as ex-ante
(evaluation of a draft legal act) and ex-post
(retrospective evaluation), and also established in
detail the procedure for conducting RIA.
Thus, today the Ministry of Justice is the competent
state div authorized to conduct RIA of regulatory
legal acts.
Undoubtedly, the introduction of a full-fledged
regulatory impact assessment in our country is an
Volume 03 Issue 08-2023
53
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
50-55
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
important step towards improving the rule-making
process and regulatory policy in general. Turning to the
researchers, it should be noted that Didikin A.B. sees
the reasons for the popularity of the RIA institute in a
special legal mechanism for discussing draft regulatory
legal acts affecting the interests of business and
investors before they come into force [10].
At the same time, it should also be noted that given
that this institution is new for us, there are certain
difficulties in conducting RIA of draft regulatory legal
acts. For example, it is noted that out of 4,131 draft
regulatory legal acts received by the Ministry of Justice
of the Republic of Uzbekistan for legal expertise in the
period from March 15, 2021 to October 1, 2022, 324
(7.8%) projects fell under the coverage area RIA.
However, only 193 (60%) draft regulations were
assessed for regulatory impact [11].
Noting the special role of RIA in the rule-making
process, I would like to outline some strokes for the
future development of this institution. Today, there is
an opinion in scientific circles that a transition is
needed from th
e “ministerial” organizational model of
RIA to the model of creating councils for optimizing
regulation (hereinafter referred to as Councils) under
the central authorities. It is assumed that the
functioning
of
departments
(departments,
departments) of RIA in the ministries is not enough to
carry out a consistent regulatory reform. These
Councils are intended to coordinate their efforts both
at the level of methodological developments and in
promoting the institutions of "smart regulation" [12].
In practical terms, it can be noted that in recent years,
OECD members have created new types of bodies
whose competence includes the development of
regulatory policy. Initially, as a rule, working groups or
departments were created under various ministries.
For example, in the UK, in the early 2000s, an Executive
Committee for Better Regulation was established at
the Ministry of the Economy, and in Germany, a Better
Regulation Group at the Home Office. The
development of the institution of regulatory impact
assessment, as well as the emergence of the concept
of "quality regulation", and then "smart regulation"
gave impetus to the expansion of the powers of rule-
making control bodies. Moreover, central bodies for
the control of rule-making, accountable to the
parliament, government or the president of the
country, began to be created. Thus, in Mexico in 2000,
in addition to the Federal Commission for the
Improvement of Regulation (Comisión Federal de
Mejora Regulatoria), the Council for the Improvement
of Regulation (Consejo para la Mejora Regulatoria
Federal) was established. This trend can also be
observed in many other countries (in the UK, Sweden,
the Netherlands and Germany, the Czech Republic,
etc.) [12].
Thus, it can be noted that in most foreign countries the
main div for the control of rule-making has been
created, which in fact has the necessary powers and
coordinates the work of various groups or
departments under the ministries.
The World Bank study noted that “in particular, 53 of
the countries examined have a specialized government
div whose function is to conduct, analyze and
comment on the impact assessments carried out by
various bodies. Some of these specialized oversight
organizations are responsible for determining which
regulatory reforms require an impact assessment.
However, the most general function of such
organizations is to provide advice to the assessors.
They also frequently review and monitor the
regulatory impact of individual ministries and inform
Volume 03 Issue 08-2023
54
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
50-55
SJIF
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MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
the cabinet or parliament/legislature of compliance
with regulatory impact assessment requirements.
Such specialized bodies, such as the Swedish Council
for Better Regulation (Regelrådet) or the US Office of
Information and Regulation, provide expertise in
conducting qualitative assessments of the potential
impact of proposed regulations, and ensure that
ministries comply with impact assessment guidelines.
In Canada, for example, each department and agency
is responsible for implementing their RIAs. However,
the Treasury Board Secretariat (TBS) reviews and
controls RIAs developed by other departments and
bodies. TBS reviews and comments on draft RIAs until
they are ready for consideration and approval by the
Treasury Board for advance publication in the Canada
Review Part 1. [13].
If we consider in detail the functioning of such a div
on the example of the National Council for the Control
of Norms (Nationaler Normenkontrollrat) in Germany,
we can note that it was created under the office of the
Federal Chancellor in accordance with a specially
adopted federal law in August 2006. The main purpose
of this div is to assist the government in reducing
administrative barriers and improving regulation. To
support the activities of the Council, there is a
secretariat, consisting of 10-12 officials.
In accordance with federal law, members of the
Council may be former federal and state officials or
judges, business representatives, representatives of
the academic community who enjoy a high reputation
in academic, political, and business circles. The Norms
Control Council directly evaluates: 1) drafts of new
federal laws; 2) draft amendments and additions to
existing legislation; 3) draft legal acts of the European
Union, instructions, directives and decisions of the EU;
4) existing federal laws, legal prescriptions and
administrative regulations based on them [14].
Of course, before this stage, we need to firmly master
the basics of the RIA procedure and consolidate them
in practice for a certain time (perhaps it will take 5-10
years). In order to achieve such a result, it is necessary
to train specialists on a regular basis in conducting
regulatory impact assessment, it is necessary to
establish a process of public consultations. And only in
this case, the introduced institution of regulatory
impact assessment will help improve the quality of
rule-making activities. As noted in OECD documents,
when used systematically as a whole-of-government
approach, regulatory impact assessment is a critical
tool for improving the quality of government
regulation. In addition, documenting and publishing
evidence and evaluation for intervention development
provides an opportunity to increase accountability and
transparency in policy and decision-making processes.
RIA provides decision makers with information on
whether and how to regulate [15].
After that, it seems possible to create in the Republic
of Uzbekistan a special Council for the optimization
(control) of rule-making, which will further contribute
to the adoption of "vital" legal acts.
We believe that the decision to improve the rule-
making process by applying the “smart regulation”
model in the country, taking into account the best
foreign experience, is justified, as this will to help
reduce the administrative burden and authorities and
citizens.
REFERENCES
1.
Determinants of the quality of regulatory impact
analysis.
OECD,
2006.-p.4
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SJIF
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(2021:
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(2022:
5.
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)
(2023:
6.
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Publisher:
Oscar Publishing Services
Servi
https://www.oecd.org/regreform/regulatory-
policy/42047676.pdf
2.
OECD, Regulatory impact analysis: best practices in
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National
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Davlyatov V. Law-making activities are becoming
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National
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Regulatory impact assessment and rulemaking:
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Global Regulatory Indicators: Global Practice for
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https://www.oecd-ilibrary.org/sites/7a9638cb-
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