Volume 03 Issue 06-2023
63
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
63-70
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 theoretical and legal issues of the social examination of regulatory legal documents are
thoroughly analyzed. Also, author's definitions of the types of social examination of draft legislative documents have
been developed.
KEYWORDS
Law, expertise, legislative, specific, document, normative.
INTRODUCTION
In recent years, a new trend and specific directions
have been emerging in the field of expertise of draft
legislative documents. In the context of these
directions, the practice of passing projects through
types of expertise related to the social sphere is
gradually being introduced.
In particular, the legislation stipulates that the draft
regulatory legal document may be subject to scientific,
linguistic, and ecological expertise by the decision of
the project developer or the subject with the right to
accept normative documents.
In our opinion, it is necessary to determine the
condition of these types of expertise, taking into
account the priority of the rules of the state language
in the life of the society, taking into account the
preservation of the natural environment and the
effective use of scientific achievements.
Based on this, we will consider the analysis of scientific
approaches and legal norms related to the scientific,
linguistic, and environmental expertise of the draft
normative legal document through the following.
Linguistic expertise . According to the uniform
methodology, the text of the draft normative legal
document should be stated in a clear, simple and fluent
language, and should not lead to different
interpretations
and
interpretations.
Also,
the
Research Article
DRAFT LEGISLATIVE DOCUMENTS TYPES OF SOCIAL EXPERTISE
Submission Date:
June 14, 2023,
Accepted Date:
June 19, 2023,
Published Date:
June 24, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue06-11
Bekchanov Alisher Ilkhamboevich
Independent Researcher Of Tashkent State University Of 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 06-2023
64
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
03
ISSUE
06
Pages:
63-70
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
sentences of the project are made in accordance with
the generally accepted rules of grammar, spelling and
punctuation, using official language style and legal
terms.
In our opinion, the presence of sentences in the text of
the legislative document that lead to different
interpretations and interpretations leads to the narrow
scope of the normative document or the interests of
the developer of the project.
In order to prevent this, in the practice of applying the
law, before agreeing with the relevant agencies, the
draft normative legal document is subjected to a
linguistic examination by the adviser of the head of the
organization that developed the project or by experts
engaged on the basis of an agreement.
are regulated by the Regulation "On the Procedure for
Linguistic Expertise of Draft Regulatory-Legal
Documents" approved by the Cabinet of Ministers
Resolution No. 662 dated October 28, 2021 .
According to this Regulation, "the main goal of the
linguistic expertise is to adapt the project text to the
rules and requirements of the state language, to use
new terms correctly, and to comply with the rules of
grammar, spelling, and punctuation." Linguistic
examination is carried out at the initiative of the
developer or on the basis of the assignment before
agreement with ministries and agencies. A conclusion
is given on the result of linguistic examination of the
project. In the conclusion, specific recommendations
for eliminating the errors and shortcomings identified
in the draft text, making appropriate corrections,
shortening the text, and processing it will be indicated.
It should also be noted that although the topic of
linguistic expertise of the drafts of regulatory legal
documents has been thoroughly studied by scientists
and researchers who conducted research within the
expertise institute, a unified approach to the concept
and procedures of this expertise has not been formed.
In particular, in the opinion of Academician A. Saidov,
"juris-linguistic requirements for the linguistic
examination of a normative-legal document are an
important source in matters of strict compliance with
the rules of legal language, grammatical norms and
legal terminology, among others. Such expertise helps
in the preparation of a draft normative legal document,
based on the rules of legal technique, in its quality
development, in the perfect level of composition
based on the requirements of the legal language,
preparation and formalization in the prescribed
manner" [1].
H. Hayitov said, "the importance of the legal-linguistic
expertise conducted within the framework of the legal
expertise was shown, and it was shown that the
content of the law cannot be realized without the
language of the law and that the effectiveness and
efficiency of the laws directly depends on its language.
Also, the researcher analyzed the results of a survey
conducted among economists, lawyers and other
experts in 2017-2018, and noted that more than 48
percent of the more than 300 participants believed
that the language of the law is difficult for ordinary
citizens to understand.[2] .
According to B.Abdullaev, "juris-linguistic examination
of the draft law consists in evaluating the compliance
of the presented text with the norms of modern
literary language, taking into account the functional
and stylistic features of the texts of the laws. The
practice of legal creativity, such as expanding the
theoretical foundations of the linguistic examination of
draft laws, not only the logical and normative-stylistic
criteria of text evaluation, but also the general
Volume 03 Issue 06-2023
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VOLUME
03
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Pages:
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SJIF
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(2021:
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5.
705
)
(2023:
6.
584
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
linguistics of reference (reciprocity between a
language sign and non-linguistic existence) and
nomination (methods and rules for naming fragments
of non-linguistic existence) It also shows the need to
apply the principles of communication , as well as the
information of psycholinguistics and the laws of the
perception of the meaning of texts" [3].
Legal scientist Sh. Kochimov said that "in the process
of drawing up normative-legal document drafts and
passing them through linguistic examination, special
attention should be paid to the following:
1. The draft text of any regulatory legal document
should be expressed formally, strictly and, in turn,
neutrally, and stylistic coloration should not be allowed
in it;
2. The text of the draft normative-legal document
should be expressed at the highest (maximum) level,
each word in its language should have only one
meaning, it should not use ambiguous words,
synonyms and homonyms;
3. When compiling the draft text of a normative-legal
document, as much as possible, words and terms
understood by many people should be widely used.
Special attention should be paid to the correct use of
terms, to avoid synonymy, homonymy and polysemy of
words and terms;
4. The text of the draft normative-legal document
should be as short, simple and concise as possible,
strictly following the phonetic, lexical and grammatical
rules of this language;
5. The ideas expressed in the notarial document must
be consistently expressed based on a logical sequence
and must be complete in content;
6. The principle of expression of the opinions reflected
in the decision should be followed as much as possible
on the basis of certain pre-existing (patterned)
grammatical constructions based on the sign of the
legal language's standardization;
7. It is necessary to prepare the text of the draft
regulatory legal document not only from the point of
view of the legal experts' understanding, but also from
the perspective of the possibility of perception of all
citizens" [4].
In our opinion, it is appropriate that the linguistic
examination of the drafts of normative legal
documents should consist of the study of the presence
of corrupt sentences, concepts and other types of
interpretations and texts that lead to various
interpretations, which lead to serving the interests of
the interested "narrow circle" of the project or the
author of the project.
Foreign scientists and researchers also put forward the
following scientific views and theoretical approaches
in their research work on this type of expertise.
In particular, in the scientific works of M.V.
Batyushkina, the concept of "linguistic expertise" - "
the language and style of the texts of normative legal
documents, their stylistic quality, compliance with the
norms of the literary language, the functionality of text
features, their typological peculiarities, editorial and
technical rules and regulations review ” [5], defined as.
N.V. Belokon stated that "in the process of linguistic
examination of the project, the following should be
checked and evaluated: methods of linguistic
expression of the main normative concepts; ratio of
abstract and concrete ways of expressing thoughts;
the structure and grammatical correctness of
terminological phrases; the expediency of choosing
Volume 03 Issue 06-2023
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International Journal Of Law And Criminology
(ISSN
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VOLUME
03
ISSUE
06
Pages:
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SJIF
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(2021:
5.
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)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
loans to define concepts; conformity of the terms of
the bill with the terminology of the current legislation;
appropriateness of normative definitions, their logical,
semantic
and
grammatical
correctness;
appropriateness of synonymy; accuracy of contextual
differentiation of polysemantic words; correct use of
words denoting general and specific concepts;
compliance with the permissible measure of text
complexity from the point of view of semantic
perception; compliance with the syntactic standards of
the language; correctness and uniformity of headings
in the text; the correctness and uniformity of the use
of punctuation marks in sentences" [6].
According to A.N. Artamonov, "the goals of linguistic
expertise are as follows: to increase the legal-technical,
linguistic and stylistic quality of normative legal
documents; taking into account the functional and
stylistic features of legal documents, their typological
features, editorial and publishing rules and general
requirements for official documents, ensuring that
their texts comply with the norms of the modern
Russian literary language; ensuring unity of conceptual
and terminological apparatus of legal documents,
correct interpretation and application of legal norms"
[7].
In our opinion, although the issues of linguistic
examination of draft normative legal documents are
regulated by legal documents, it is appropriate to
determine them at the legal level in the following
manner.
In particular, the drafts of regulatory legal documents
are subjected to linguistic expertise in order to make
corrections, analyze them, taking into account the
texts of legal documents and their typological
features, legal technical requirements, editorial and
technical rules and norms, as well as to ensure their
conformity with literary language style and norms.
Drafts of normative legal documents related to
spiritual and educational work and language are
subject to mandatory linguistic expertise.
The text of the normative-legal document is expressed
in a clear, simple and clear language that excludes
different interpretations of the norms, observing the
official working style of the Uzbek literary language
and the rules of legal terminology.
The terms in the regulatory legal document must be
formulated using generally accepted words and
phrases. The same terms in regulatory legal documents
must be used in the same sense and have a single form.
If necessary, an article (clause) explaining their
meaning is included in order to clarify the terms used
in normative legal documents and the definitions of
these terms.
In regulatory legal documents, special symbols are
used in the sense in which they are used in the relevant
special field, only in this context. If necessary, special
symbols are interpreted in regulatory legal documents.
Linguistic examination is carried out by the experts of
the Center under the Tashkent State University of
Uzbek Language and Literature named after A.Navoi,
as well as to ensure compliance with the legislation on
spiritual and educational affairs and the state
language.
It is necessary that there are no grammatical,
syntactical, logical, editorial, technical and stylistic
errors in the text of draft normative legal documents,
as well as exclude its later interpretation in different
ways.
Volume 03 Issue 06-2023
67
International Journal Of Law And Criminology
(ISSN
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VOLUME
03
ISSUE
06
Pages:
63-70
SJIF
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(2021:
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(2022:
5.
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)
(2023:
6.
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
A conclusion is drawn up on the results of the linguistic
examination of the draft normative-legal document,
and this conclusion is a normative document in which
the conclusion on the conformity or non-conformity of
the draft normative-legal document to literary
language standards, grammatical, syntactic, logical,
editorial, technical and stylistic requirements, as well as
the rules of legal technique is noted. - is formalized for
a draft legal document or its separate provisions.
Conclusion should be objective, reliable and based.
Scientific expertise. In today's globalization era, all
spheres of society are developing on the basis of
scientific achievements and results. In addition, the
activity of norm creation is also developing on the basis
of theoretical and legal rules developed within the
framework of science.
In this regard, the stage of development of regulatory
legal documents and their analysis is considered, and
the institute of expertise is also being formed based on
scientific approaches.
It is known that a draft of a legislative document can be
subjected to scientific examination according to the
decision of the developer or the div that has the right
to accept this type of document.
It should be noted that a single scientific concept has
not been formed in the theory of law regarding the
concept and types of scientific expertise of a
normative legal document.
However, researchers and scientists have put forward
a number of scientific views on this type of expertise.
In particular, according to H. Hayitov, "any expertise is
based on the achievements of science. However,
scientific expertise differs from other expertise in
terms of its tasks, goals, and characteristics. That is,
scientific expertise is an activity that studies and
evaluates certain problems based on the achievements
of science, and offers scientific solutions to them. In its
place, it is emphasized that scientific expertise is also
divided into several types. In particular, large groups of
science, such as natural, social-humanitarian, technical,
and each of them is divided into several fields of
science, and the study of scientific expertise in law-
making into: scientific-legal, scientific-economic,
scientific-technical and other types is justified. [8].
According to P. N. Kobets, "scientific-legal expert
activity is the creative and most time-consuming stage
of the process of creation of norms, which requires the
involvement of specialists who have mastered the skills
of forming normative prescriptions. This activity is
based on an in-depth and comprehensive analysis of
legislation and the practice of law enforcement in
order to identify contradictions and shortcomings in
the regulatory regulation of public relations.
Preparation of scientific and legal expertise includes a
number of organizational activities, that is, they
include collection of necessary materials and data,
preparation of the text of the draft conclusion and its
comprehensive justification, research of public opinion
and analytical work" [9].
E.M. Abaideldinov stated that "work on the scientific
examination of draft laws and the improvement of
legal documents in general is a continuous, laborious
and complex process that requires high skills and
comprehensive analysis, which requires a broad
approach that includes a number of important aspects
implies" [10].
In our opinion, in the process of scientific examination
of regulatory legal documents, based on the content of
the project, it is analyzed from the point of view of
scientific achievements in the field. Also, based on the
Volume 03 Issue 06-2023
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International Journal Of Law And Criminology
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Pages:
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SJIF
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(2021:
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(2022:
5.
705
)
(2023:
6.
584
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
existing scientific problems as the content of the
project, at the end of the examination, the expert or
specialists will present appropriate proposals for
scientific and practical solutions.
It should be noted that the legal status of the
authorized
subject
conducting
the
"scientific
expertise" was determined for the first time in the
Decree of the President of the Republic of Uzbekistan
dated May 8, 2023 "On the first priority measures for
the implementation of the Constitution of the Republic
of Uzbekistan" No. PF-67. According to him, " The
Institute of Legislation and Legal Policy under the
President of the Republic of Uzbekistan is designated
as responsible for providing information-analytical,
scientific and expert implementation of the new
version of the Constitution, and it is responsible for
carrying out scientific expertise of the projects of
normative legal documents developed in accordance
with the new version of the Constitution. loaded".
However, the national legislation does not contain
specific legal mechanisms for carrying out scientific
expertise, i.e. norms regarding the object of expertise
and implementation procedures, terms, rights and
obligations of those who perform this activity.
it is expedient to introduce a norm related to the
scientific examination of draft normative legal
documents into the Law of the Republic of Uzbekistan
"On Regulatory Legal Documents" .
According to it, the quality, reasonableness, timeliness
and legality of the projects of normative legal
documents should be assessed, compliance with the
rights of man and citizen established in the drafts in
accordance with the Constitution of the Republic of
Uzbekistan, the effectiveness of the normative legal
document, as well as the occurrence of their
acceptance as normative legal documents will undergo
scientific examination to determine possible negative
consequences.
The drafts of normative-legal documents are subjected
to scientific examination by experts drawn from
among scientific institutions and higher educational
institutions, scientists and specialists in the relevant
direction, depending on the content and essence of
the project under consideration. Expertise may be
assigned to one or more experts (expert commission).
Also, organizations and individuals who did not directly
participate in the preparation of the project are
involved as experts.
In connection with the project, experts of various
specialties may conduct a complex examination or
various independent examinations, and if necessary, a
repeated examination. Repeated scientific expertise is
conducted in cases where the conclusion of the
scientific organization or expert on the results of the
initial
scientific
expertise
is
not
sufficiently
substantiated or its correctness raises doubts.
In addition, specialists from other countries and
international organizations can be involved as experts.
The project can also be sent to foreign and
international organizations for scientific expertise.
The decision to conduct a scientific examination of the
drafts of normative-legal documents can be taken by
the div that developed the project or has the right to
adopt the normative-legal document.
Ecological expertise . Today's aggravation of ecology
and preservation of the natural environment are
among the most important problems. In this regard, 3
of the Sustainable Development Goals adopted by the
United Nations until 2030 are "combating climate
Volume 03 Issue 06-2023
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Pages:
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SJIF
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(2023:
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Publisher:
Oscar Publishing Services
Servi
change, protecting marine and terrestrial ecosystems"
[11].
Therefore, it is necessary to study and evaluate the
impact of each decision made by authorized entities on
the environment, which is important for us.
It should be noted that there is no norm or uniform
scientific approach in the national legislation regarding
the legal mechanism of environmental expertise of the
draft normative legal document, like other types of
expertise of a social nature.
A number of controversial theoretical and practical
issues arise that deserve attention in the organization
and conduct of environmental expertise of regulatory
legal documents and drafts of other documents,
regulation of law-making activities, and the
establishment
of
appropriate
environmental
legislation and order [12] .
In particular, according to S.A. Bogolyubov, "the
environmental examination of draft laws is designed to
help identify, analyze, take into account the direct,
indirect and other consequences of the planned
economic or other activities on the environment, and
help to objectively assess the possibility or
impossibility of making a decision." . Conducting
ecological expertise is aimed at preventing unlimited
interference with the environment, violation of
rationality of nature use - construction, re-profiling,
unjustified stoppage of enterprises, investment of anti-
environmental investments. Environmental expertise
should be the basis for preventing anti-environmental
legal decisions in all sectors and activities of the
national economy without exception, so ideally, it
should be carried out in relation to all legislative
projects, although at present it is sometimes not
carried out" [13].
Similarly, according to V. Yu. Turanin in his research
work, the environmental expertise of the projects of
regulatory legal documents does not aim to replace
other expertise in relation to them, even
comprehensive expertise of the projects, as a rule, the
extreme specificity of environmental institutions,
categories, rules, requirements because of this, he
cannot give an objective environmental assessment to
the projects of regulatory legal documents[14].
In our opinion, it is necessary to regulate economic
activities, including the use of natural resources and
environmental protection, as well as relations related
to environmental protection, to the product, its
development,
production,
use,
storage,
transportation, sale, drafts of regulatory legal
documents, guidelines and other documents defining
environmental requirements for disposal or service
provision processes must be subject to mandatory
environmental expertise.
Failure to comply with the requirements of the
regulatory legal document, as well as the state
environmental expertise of the draft international
agreement, is the basis for declaring it invalid.
In conclusion, it should be noted that the further
development of these types of expertise, in turn, will
allow the adoption of normative legal documents to
fully comply with the rules of the state language,
preserve ecology and use the results of science in the
creation of norms.
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5.
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(2023:
6.
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Turanin V. Yu. Juridicheskaya terminologiya v
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