Volume 03 Issue 01-2023
34
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
01
Pages:
34-40
SJIF
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FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
Organization of prosecutorial supervision over the implementation of regulatory legal acts on the protection of the
health of citizens and its main directions.
KEYWORDS
Prosecutor, prosecutorial supervision, medical legislation, legality, organization of prosecutorial supervision, main
directions, national legislation, problems and solutions.
INTRODUCTION
In order to protect the rights of citizens to health care
and qualified medical care, the effectiveness of
prosecutorial supervision over compliance with
regulatory legal acts in this area largely depends on the
proper organization of supervisory activities. After all,
any work carried out by the prosecutor's office to
supervise the implementation of laws must be properly
organized.
By order of the Prosecutor General of the Republic of
Uzbekistan dated November 24, 2017 No. 166 “On
further improvement of prosecutorial supervision over
the implementation of socio-
economic legislation”,
prosecutors
were
instructed
to
ensure
the
implementation of legal acts aimed at providing
qualified medical care, providing the population with
affordable medicines and medical purpose products
[1].
Research Article
ORGANIZATION OF PROSECUTORIAL SUPERVISION OVER THE
IMPLEMENTATION OF REGULATORY LEGAL ACTS ON THE PROTECTION
OF THE HEALTH OF CITIZENS AND ITS MAIN DIRECTIONS
Submission Date:
January 19, 2023,
Accepted Date:
January 24, 2023,
Published Date:
January 29, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue01-07
Doniyor B. Radjapov
Independent Student Of The Law Enforcement Academy Of The Republic Of 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 01-2023
35
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
01
Pages:
34-40
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The organization of prosecutorial activities to oversee
the implementation of legal acts that ensure the rights
of citizens to health care is a multifaceted system
aimed at ensuring a coordinated order in the activities
of the prosecution authorities to achieve the above
goals and objectives. In the legal literature, the
organization of law enforcement is an integral part of
the organization of the prosecutor's office as a whole
and is understood as a set of interrelated and
complementary activities (activities, elements) [2]. On
this occasion, legal scholar B.Kh. Pulatov argued that
the
organization
of
supervision
over
the
implementation of laws in the activities of state bodies
with control and auditing powers is one of the unique
methods of prosecutorial supervision, emphasizing
that the success of the activities of supervision over the
implementation of laws by the prosecutor's office is
determined by the degree of organization of this
activity in the center and in the field [3].
THE MAIN FINDINGS AND RESULTS
In fact, it is important to have an effective system for
obtaining, processing and qualitatively analyzing
information about offenses, which will allow
determining the actual state of legality in the territory
of supervision in order to properly organize the work
of the prosecutor's office, supervision over the
execution of legal regulations. Also, the effectiveness
of the organization of prosecutorial supervision will
largely depend on the correct placement of employees
of the prosecutor's office, the correct distribution of
official
powers
and
duties
between
them,
methodological and logistical support for their
activities,
the
availability
of
the
necessary
organizational and administrative documents, the
correct organization of forecasting and planning, as
well as ensuring interdepartmental interaction.
Also, as rightly noted in the legal literature, without
proper legal regulation it is impossible to properly
organize the activities of the prosecutor's office to
oversee the implementation of legislation on the
protection of citizens' rights to health care and
qualified medical care [4]. After all, when exercising
prosecutorial supervision in this area, prosecutors are
guided not only by the Law "On the Prosecutor's
Office" and other regulatory legal acts, but also by
orders and instructions of the Prosecutor General of
the Republic of Uzbekistan. Thus, in the order of the
Prosecutor General of the Republic of Uzbekistan
dated November 24, 2017 “On further improvement of
prosecutorial supervision over the implementation of
socio-
economic legislation”, prosecutors were given
instructions on organizing supervision over the
implementation of legislation on protecting the health
of citizens. However, in our opinion, in order to
properly organize prosecutorial supervision over the
implementation of laws in this area and determine its
main directions, it is necessary to adopt an order of the
Prosecutor General of the Republic of Uzbekistan “On
the organization of activities to supervise the
observance of the rights of citizens to health care”.
Consequently, the majority of respondents who took
part in a social survey conducted as part of the study
indicated the absence of an order of the Prosecutor
General of the Republic of Uzbekistan “On the
organization of activities to supervise the observance
of the rights of citizens to health care” and this is a
factor that negatively affects the implementation of
prosecutorial supervision in this direction.
Prosecutors
must
systematically
check
the
implementation of legal acts on the protection of the
health of citizens, pay attention to the legality, quality
and completeness of the medical services provided,
the observance by healthcare institutions and other
Volume 03 Issue 01-2023
36
International Journal Of Law And Criminology
(ISSN
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VOLUME
03
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Pages:
34-40
SJIF
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(2021:
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(2022:
5.
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
competent authorities of the right to receive qualified
medical care established by the Constitution.
It is necessary to take measures against the
perpetrators in cases of illegal receipt of payment for
treatment, to take specific measures to ensure proper
prosecutorial supervision over the implementation of
legislation in the field of healthcare, education, social
protection, employment of citizens and housing for
children with disabilities.
The prosecutor's office needs to systematically check
the implementation of budget legislation, paying
special attention to the safety of budget funds
allocated to the healthcare sector, funds allocated for
the implementation of state programs for these
purposes, their targeted spending and timely delivery
at the final stage.
The training of special prosecutors who oversee the
implementation of regulatory legal acts in the field of
healthcare, in other words, involves the assignment of
supervisory activities in this area to a specific employee
of the prosecutor's office. In turn, this allows a timely
and competent approach to assessing the state of
legality in the field of legal relations in the healthcare
system. Therefore, specialization is one of the
conditions for the successful implementation of laws.
Specialization allows you to collect all the necessary
statistical and other relevant information in a short
time,
centrally
summarize
the
materials
of
prosecutorial and judicial practice, save time on getting
acquainted with the legislation governing legal
relations related to health protection and other
regulatory legal acts. Prosecutors will have to take this
organizational aspect into account when assigning
tasks to subordinates.
An indispensable condition for the activity of the city
(district) prosecutor's office is a timely and
comprehensive analysis of the state of legislation and
crime based on information. Therefore, when
conducting cases on the basis of the principles of
efficiency, completeness, reliability and timeliness of
obtaining information, it is an important component of
the organization of prosecutorial supervision over the
implementation of laws on protecting the health of
citizens [5].
Information and analytical work is carried out in two
interrelated areas:
- analyzes materials characterizing the implementation
of legislation on the protection of the health of citizens
by heads and officials of ministries, state committees,
agencies, self-government bodies of citizens, public
associations, enterprises, institutions, organizations;
- analyzes the data reflecting the state of prosecutor's
supervision. In practice, these areas are closely related
to each other, since supervisory activities cannot be
separated from the subject of supervision.
In turn, information and analytical work is of a
continuous nature - the systematic collection and
analysis of information; integrated use of various
sources and methods of obtaining information; it must
meet such important requirements as the presence of
feedback, that is, the results of analytical work are used
to improve supervisory activities.
According to Article 6 of the Law of the Republic of
Uzbekistan "On the Prosecutor's Office", the demands
of the prosecutor, made within his competence, on the
submission of documents, materials and other
information, conducting an audit, inspections,
assigning a specialist, appearing in the prosecutor's
office and giving explanations about the identified
Volume 03 Issue 01-2023
37
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
03
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01
Pages:
34-40
SJIF
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(2021:
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705
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(2022:
5.
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)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
violations of the law, on eliminating violations of the
law, the causes and conditions contributing to them, as
well as compliance with the law are binding on all
citizens and legal entities.
Information, documents and their copies necessary for
the implementation of the functions of the
prosecutor's office, are provided at their request free
of charge.
Sources of information for prosecutors on the legal
status of public health are:
-
materials of inspections carried out by previous
prosecutors;
-
generalization of materials of prosecutorial and
judicial practice;
-
newsletters, reviews, etc.;
-
materials of inspections conducted by the Ministry
of Health, regional health authorities, their district
and city divisions, the Commissioner for Human
Rights and other regulatory bodies;
-
appeals (complaints, statements) received from
individuals and legal entities, local government
bodies and from their officials to higher
government bodies;
-
reports of the above bodies for the protection of
the health of citizens, other official documents;
-
statistical data of the prosecutor's office of the
Republic of Uzbekistan;
-
the results of monitoring data and other
information posted on the official websites of state
bodies, institutions, organizations and in the media
(for example, regional newspapers) in order to
search for information about violations of the
legislation on protecting the health of citizens.
All relevant information obtained from various sources
should be carefully analyzed and summarized by the
prosecutor's office. Information received by the
prosecutor is systematized and legally assessed based
on the following criteria:
a) the nature of the violations;
b) distribution of violations to individual objects;
c) public danger of committed offenses;
d) the circumstances that led to the violation of the
law.
The collection of information from these and other
authorized sources and their comprehensive analysis
will allow the prosecutor to get a detailed picture of
the actual state of legality in the healthcare sector, to
draw timely conclusions about the nature of violations
of the law in this area, their distribution and dynamics,
and growth or decline trends; allows to rationally and
effectively evaluate and plan current and prospective
supervisory activities.
In our opinion, the Law of the Republic of Uzbekistan
"On the Prosecutor's Office", which will be adopted in
a new edition, contains requirements to take action by
the prosecutor on the basis of appeals about violations
of the law, media and Internet reports and other
information, as well as an analysis of the state of law
and crime on the advisability of introducing norms
providing for the transfer of cases in cases where
action is required by the prosecutor.
Planning is an integral part of the organization of
prosecutorial supervision over the implementation of
legislation on the protection of the health of citizens.
After all, planning makes it possible to regulate the
activities of the prosecutor's office, to ensure the
consistency of the actions of the prosecutor's office.
Volume 03 Issue 01-2023
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(2022:
5.
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OCLC
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Publisher:
Oscar Publishing Services
Servi
Supervision measures are included in the current and
future work plans of the prosecutor's office. Usually,
semi-annual work plans are adopted by the General
Prosecutor's Office of the Republic of Uzbekistan, local
prosecutor's offices, as well as district (city)
prosecutor's offices.
Such work plans reflect: the name of the object of
verification; legal acts, the execution of which is
planned to be checked; verification period; a list of key
issues to be identified; some tactical and
methodological methods of investigation; performers:
employees of the prosecutor's office, experts; other
issues arising from the nature of the audit.
For example, if we focus on the experience of district
(city) prosecutor's offices in planning cases, then
planning is considered as one of the organizational
principles for ensuring activities to exercise the powers
provided for by the Law "On the Prosecutor's Office".
The state of planning shows not only the level of
organization of the case, but also the expediency of
the measures taken by the prosecutor’s office to
ensure the rule of law.
At the same time, the planning of supervision over the
implementation of legislation on protecting the health
of citizens should be targeted and clear, and the
relevant activities and objects of supervision should be
determined in advance. Only then will the verification
be legally competent and complete. This ensures the
stability of the plan. Stability, on the other hand,
implies that the planned activities do not change. At
the same time, the possibility of adjusting the plan
depending on the current operational situation in the
region (city) is not ruled out. That is why it is necessary
to preserve the possibility of prompt response to
information about violations of the law when planning
events.
Information about offenses obtained as a result of a
preliminary analysis of the situation of offenses is
recognized as the basis for inclusion in the plan for the
development of specific measures.
The facts of systematic non-compliance with the legal
requirements of the prosecutor by officials of public
authorities, other officials, including the lack of
responses to the prosecutor's submissions about their
results, may be the reason for the appointment of an
audit.
The choice of specific objects will depend on the goals
and reasons for the inspection. Prosecutors often
conduct scheduled inspections, which are included in
the current work plans of the prosecutor's office based
on an analysis of the state of the law.
Inspections are carried out in the most relevant areas
of public health protection (for example, the quality of
medical services provided to the population, the
material and technical base, the conditions created for
patients, the level of use of medical services, free
services, the provision of medicines, access to
medicines for medical personnel, cases employment,
the procedure for hiring) and it is possible to schedule
an inspection of the implementation of legal acts in the
area under consideration by some state bodies, the
healthcare system.
In turn, ignoring the above factors will negatively
affect the quality of the organization of supervision of
the prosecutor's office over the implementation of
legislation on protecting the health of citizens.
The effectiveness of the implementation of the
direction of supervision considered by the prosecutors
largely depends on the theoretical training and
qualifications of employees, proper methodological
Volume 03 Issue 01-2023
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Publisher:
Oscar Publishing Services
Servi
support, and the quality and prompt support of
prosecutorial checks.
Based on the foregoing, it is necessary to
systematically organize the training of specialized
specialists of the prosecutor's office to supervise
compliance with the legislation on healthcare, combat
corruption in the healthcare sector, and special issues
of pharmaceutical and medical licensing. Effectively
conduct practice under the supervision of specialists
who oversee the observance of the rights of citizens in
the field of health protection in the higher bodies of
the prosecutor's office, involving them in constant
inspections.
In order to promptly ensure prosecutorial inspections
and improve their quality, it is recommended to listen
to law enforcement officers and their leaders at
meetings of interdepartmental working groups on
healthcare and the fight against corruption, to demand
strict implementation of the approved plans for joint
targeted activities.
The issue of improving prosecutorial supervision over
the observance of citizens' rights to protect health
should be considered from the point of view of the
shortcomings identified in the activities of the
prosecutor's office. Based on the legal situation in a
particular “supervised” territory, it is especially
important to take comprehensive organizational
measures to identify violations of the legislation on
protecting the health of citizens, prevent their
occurrence and eliminate their consequences.
In our opinion, when organizing prosecutorial
supervision and conducting inspections in the field of
protecting the health of citizens, it is important to
consider the following:
Firstly, one of the important directions is special
attention to the implementation of the powers vested
in them by law in the field of healthcare by state
administration bodies, local governments and
institutions related to the healthcare system, and to
ensure the rule of law in this area. To this end, at
meetings of the Collegium of the General Prosecutor's
Office of the Republic of Uzbekistan, it will be
necessary to establish a regular discussion of issues of
the legality of protecting public health, as well as
important areas in this area, such as drug provision,
quality of medical care, enforcement of regulatory
legal acts in the provision of medical care, construction
and commissioning of socially significant facilities and
healthcare institutions. Also, one of the important
issues in this direction is to verify the compliance of
regulatory legal acts of state authorities and local
authorities, healthcare institutions in the field of
healthcare with the Constitution and laws of the
Republic of Uzbekistan.
In addition, drug provision, enforcement of legislation
in the field of the quality of medical care and their use,
the implementation of state and other regional
programs in the field of health care, and oversight of
the spending of budgetary funds allocated to health
care are also an integral part of this priority area. The
Prosecutor's Office, actively using the powers granted
by the Law "On the Prosecutor's Office", is obliged to
require the implementation of state control and
relevant inspections by the competent state bodies in
the field of healthcare, as well as in certain areas of
production, to monitor compliance with the law in this
process.
Secondly, a systematic analysis of the state of legality
in the field of healthcare is one of the important
directions in the organization of prosecutorial
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SJIF
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OCLC
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Publisher:
Oscar Publishing Services
Servi
supervision in the field of protecting the health of
citizens.
Use the capabilities of employees who have worked in
the system and are well acquainted with this area,
specialists in the correct and effective organization of
prosecutorial supervision in the field of protecting the
health of citizens by the relevant divisions of the
prosecutor's office of our country, attach these
specialist employees as "mentors" in the careful
preparation of lower-level prosecutors for inspections
in this domain; the top priority should be a quarterly
analysis of the state of prosecutorial supervision in this
area, requests for information from district
prosecutors on priority tasks aimed at improving the
state of legality in the healthcare sector in the
“supervised zone” and taking measures to solve them.
Thirdly, it is important to determine the causes and
conditions leading to the violation of health legislation.
To do this, it is important to have objective information
about the state of legality in the healthcare sector.
Important ways to obtain such information are
monitoring media materials, analyzing criminal and civil
cases related to this area, holding meetings with
medical personnel and the public and direct
communication with patients when examining medical
institutions.
In order to prevent violations of legislation in the field
of healthcare, it is important to intensify the informing
of the prosecutor's office about violations detected by
lower authorities.
When conducting inspections by the prosecution
authorities, attention should always be paid to the
issues of establishing the causes of violations identified
by officials of the objects being inspected, the
conditions conducive to this, a comprehensive analysis
of the results of the inspection, evaluation of the
proposed mechanism and the algorithm for eliminating
and preventing violations.
CONCLUSION
In fact, the document that defines the main directions
of prosecutorial supervision over compliance with
legislation in the field of healthcare is the adoption of
the order of the Prosecutor General of the Republic of
Uzbekistan “On the organization of activities to
supervise observance of the rights of citizens to health
care”, which
serves to increase the efficiency and
efficiency of prosecutorial supervision over compliance
with regulatory legal acts. for the protection of the
health of citizens.
REFERENCES
1.
Order No. 166 of the Prosecutor General of the
Republic of Uzbekistan dated November 24,
2017 “On further improvement of the
prosecutor’s control over the execution of
social
and
economic
legislation”
//
https://buyruq.prokuratura.uz
2.
Vinokurov Yu.E. Prosecutor's supervision: a
textbook. -M., 2011. -p. 133.
3.
Pulatov B.Kh. Nazarati Prosecutor // Darslik. -
Toshkent, “Uzbekiston”. 2009. –
p. 169.
4.
Prosecutorial
supervision
over
the
implementation
of
legislation
on
the
protection of life and health of minors: a
manual / [A.V. Grishin et al.]; Acad. Gene.
Attorney's Office Ross. Federation. M., 2013. -
28 p.
5.
Law of the Republic of Uzbekistan “On the
Prosecutor’s
Office”
//
https://lex.uz/acts/106197
