Authors

DOI:

https://doi.org/10.37547/ijlc/Volume04Issue11-04

Keywords:

Lawmaking normative legal acts actors

Abstract

This article examines the evolving lawmaking practices in Uzbekistan, focusing on actors, processes, and reforms that shape normative legal acts. Since 2016, reforms have significantly increased legislative output, but rapid lawmaking has brought challenges, including transparency issues and procedural inconsistencies. Analyzing data from the National Database of Legislation (LexUz) and assessing recent reforms, this study explores Uzbekistan’s legislative framework, institutional roles, and public participation mechanisms. Key findings highlight the need for stricter adherence to procedural standards, enhanced transparency, and broader public engagement to address regulatory challenges and strengthen governance. Recommendations are made for promoting evidence-based policymaking, improving interagency cooperation, and enhancing accountability measures. These improvements are crucial for achieving an effective, transparent, and accountable lawmaking process aligned with democratic principles.


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Volume 04 Issue 11-2024

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ABSTRACT

This article examines the evolving lawmaking practices in Uzbekistan, focusing on actors, processes, and reforms that
shape normative legal acts. Since 2016, reforms have significantly increased legislative output, but rapid lawmaking
has brought challenges, including transparency issues and procedural inconsistencies. Analyzing data from the

National Database of Legislation (LexUz) and assessing recent reforms, this study explores Uzbekistan’s legislative

framework, institutional roles, and public participation mechanisms. Key findings highlight the need for stricter
adherence to procedural standards, enhanced transparency, and broader public engagement to address regulatory
challenges and strengthen governance. Recommendations are made for promoting evidence-based policymaking,
improving interagency cooperation, and enhancing accountability measures. These improvements are crucial for
achieving an effective, transparent, and accountable lawmaking process aligned with democratic principles.

KEYWORDS

Lawmaking, normative legal acts, actors, procedures, transparency, accountability, governance, public engagement,
enforcement, Uzbekistan.

INTRODUCTION

The analysis of the National Database of the Legislation
of Uzbekistan (LexUz) indicates that since the launch
of reforms under new administration in 2016, the

number of legislative acts has been significantly
increasing (2.5-2.7 times) as compared to 2015.

Research Article

POLICY DEVELOPMENT THROUGH NORMATIVE LEGAL ACTS IN
UZBEKISTAN: ACTORS, PROCEDURES, AND PRACTICE

Submission Date:

November 04, 2024,

Accepted Date:

November 09, 2024,

Published Date:

November 14, 2024

Crossref doi:

https://doi.org/10.37547/ijlc/Volume04Issue11-04


Bobir Turdiev

Law Enforcement Academy of Uzbekistan, Uzbekistan
ORCID: https://orcid.org/0009-0004-4253-2985

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.


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Concurrently, the number of adopted laws has trippled
in 2018-2023 compared to 2015.

Figure 1. The rise of normative legal acts.

On the other hand, the rising number of legislation,
frequent amendments and revocations, contribute a
wide range of issues ranging from policy development
to implementation and institutional enforcement
problems.
According to the

World Justice Project’s Rule of Law

Index, Uzbekistan scored 0.50, ranking its place 78 out
of 142 countries [1].

i

The country received particularly

low scores in areas such as constraints on government
powers, open government, right to information, civic
participation, and regulatory enforcement. In general,
this data indicates significant problems related to
transparency, public engagement, and enforcement of
legislation.

This paper primarily examines lawmaking

practices in Uzbekistan using Lex.uz, an openly
accessible legislative database. It involves the
collection and analysis of legislative and research data
available through national databases. Although the
figures provided may not be entirely precise, they are

estimations based on publicly accessible data and are
considered representative.

Lawmaking Trends

Legislation on lawmaking continues to evolve.

In particular, the Law on

Normative Legal Acts

(LRU-

682, 2021) which was originally adopted in 2012, has
been adopted in a new edition in 2021. In 2012, this law
was comprised of 33 articles. The most recent edition
now contains 60 articles along with a separate annex
prescribing the methodology of Legal and Technical
Design of Draft Normative Legal Acts

.

The first update in 2012 introduced the

succession of legal acts and expanded the scope of
such acts to include bylaws issued by the President.
The most recent edition introduces new institutes and
norms

regarding

the

state

language,

legal

experiments,

and

anti-corruption

expertise.

Furthermore, in 2023, the Constitution of Uzbekistan,
following significant amendments, was adopted in a
new edition through a nationwide referendum. The


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new version of the Constitution expanded the powers
of the Senate (the upper chamber of the Parliament)
and a group of actors participating in the lawmaking
process. Furthermore, it added certain novelties and
clarifications to the lawmaking procedures.

Theories of Public Governance

To understand policy development and

lawmaking in Uzbekistan, it is essential to consider the
theoretical framework. Policymaking in Uzbekistan has
historically been viewed as occurring within a closed
environment, characterized by limited transparency
and protective approaches under the previous
administration.

Public governance theories suggest that law is

inherently influenced by political factors in all societies
[2].

ii

In developing countries where political institutions

and civil society are still evolving, the level of political
influence in rulemaking tends to be higher, which can
present unique development challenges. While most
theories focus on democratic states, few studies
explore decision-making in countries undergoing

transitions. Kinne’s study on the poliheuristic theory of

policy-making is particularly relevant to Uzbekistan,

drawing

parallels

to

Weber’s

concept

of

patrimonialism. In this framework, both formal (laws,
public institutions) and informal (norms, interactions)
governance systems coexist [3].

iii

In democracies,

formal institutions generally play a dominant role,
while in transitional or developing contexts, informal
norms often hold significant influence. Features
associated with patron-client relationships

such as

concentrated power, limited accountability, discreet
decision-making processes, and unwritten rules

indicate the notable role of implicit norms and
relationships in governance.

Yadav highlights key aspects of policymaking in

developing countries, emphasizing the connections
between legislative institutions, business lobbying, and

corruption [4].

iv

These dynamics can impact

administrative

functions

and

challenge

the

independence of legislative, judicial, and law
enforcement bodies. Additionally, arbitrary or
expedited decisions present significant obstacles, as
conflicting scientific evidence may lead to politically
influenced decisions and allow interest groups to
shape policy outcomes [5].

v

Addressing the effects of

patrimonialism and clientelism requires meaningful
reforms.

In

developing

countries,

regulatory

policymaking often depends on discretionary
authority. Seidman explores strategies for drafting
regulations that encourage bureaucrats to follow
established guidelines. Without adherence to the rule
of law, political democracy may become ineffective, as

public authorities risk engaging in “goal substitution”

[6],

vi

commonly observed in lobbying and favoritism. In

some instances, a non-decision-making approach is
employed to maintain the status quo, avoiding public
resolution of conflicts that could disrupt governmental
stability or delay long-term progress [7].

vii

This study

further examines the application of these theories and
case studies to provide a deeper understanding of their
implications.

Quality of Legislation

The OSCE

’s

Office for Democratic Institutions

and Human Rights (ODIHR) defines good quality laws

as “

clear, intelligible, foreseeable, consistent, stable,

predictable, accessible, compliant with rule of law and
human rights standards, gender and diversity-
sensitive, and non-discriminatory, in both content and

practice, while being proportionate and effective”

[8].

viii

ODIHR

’s

Guiding Principles of Democratic

Lawmaking and Better Laws establish 17 principles of
democratic lawmaking, including open, transparent,
inclusive, accountable, accessible, equal and non-
discriminatory, representative, participatory, stable,


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evidence-based, and effective lawmaking [9].

ix

Importantly, democratic principles should adhere to
the principle of the separation of powers and ensure
checks and balances among legislative, executive, and
judiciary branches, as these boundaries are often
violated in developing countries.

Similar to internationally recognized principles

of good quality lawmaking, national legislation in
Uzbekistan sets basic principles of rulemaking that
determine the quality of legislation. These principles
include

publicity,

stability,

consistency,

a

comprehensive

approach,

scientific

character,

protection and priority of the rights and legitimate
interests of physical persons and legal entities, as well
as the interests of society and the state [10].

x

The National Concept of Norm Development

also establishes the main principles that determine the
quality of legislation, including stability, the reduction
of secondary laws, systematization, and codification

[11].

xi

Overall, better lawmaking enhances the quality

of laws and the degree of enforcement and increases
public trust in the government [12].

xii

Legislation and Policies on the Lawmaking
Process

Laws and bylaws, which are referred to as

normative legal acts in general, comprise the
legislation of Uzbekistan. Laws consist of the
Constitution, constitutional laws, and regular laws.
Additionally, 19 codes systematize and regulate
relations in public and private areas. These codes are
approved by designated laws and constitute an
integral part of national legislation. Bylaws

are issued

by the President, Cabinet of Ministers, government
agencies at a national level, and local government
bodies.

Figure 2. Hierarchy of Normative Legal Acts

The Constitution of Uzbekistan declares the absolute
supremacy of the Constitution and laws in the country
[13],

xiii

placing laws and other normative legal acts

under the requirement of consistency of its norms and
principles [14].

xiv

The share of laws in Uzbekistan as of

2024 remains insignificant (around 5-6 percent),

bylaws constitute more than 93 percent of legislation,
and only around 1,3 percent are related to judiciary.

Lawmaking Actors

Law-making actors in Uzbekistan include

various governmental bodies: the Parliament and its


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chambers, the President, the Cabinet of Ministers,
government

agencies

(ministries),

and

local

government. These entities can enact normative legal
acts that are binding and enforceable [15].

xv

The

judiciary also plays a role indirectly through
interpretation, ensuring consistency, and clarifying the
application of legislation.


Parliament

The Oliy Majlis (Parliament) wields legislative

power and is the supreme state representative div,
consisting of two chambers: the Legislative Chamber
(lower chamber) and the Senate (upper chamber). The
Legislative Chamber comprises elected deputies, while
the Senate represents territorial regions. Both
chambers jointly exercise authority over key legislative
functions, including adopting and amending the
Constitution and laws, ratifying international treaties,
and adopting state programs.

Draft laws are introduced to Parliament

through legislative initiatives in the lower chamber.
The adoption and amendment of the Constitution and
constitutional laws require a two-thirds majority vote
of deputies and senators, while regular laws are passed
by a simple majority vote. Laws are adopted by
Parliament and signed by the President. Parliamentary
committees play a crucial role in the law-making
process, conducting preliminary reviews, preparing
bills, and overseeing law implementation [16].

xvi

The Senate can approve or reject laws adopted

by the lower chamber, and under certain
circumstances,

may

assume

law-making

responsibilities if the lower chamber is dissolved.

However, such right can’t be exercised regarding

adoption, amendment to the Constitution, or
constitutional laws [17].

xvii

Legislative initiatives

originate from actors,

categorized into 3 groups:

1) The President, the Cabinet of Ministers, the

Republic of Karakalpakstan (an autonomous area
within the territory of Uzbekistan), and deputies of the
Legislative Chamber have the right to legislative
initiative without any preconditions [18].

xviii

Most of the

laws are initiated by the government, while the share
of parliament deputies remains low.

2) The Constitutional Court, the Supreme

Court, and the Prosecutor General have the right of
legislative initiative within their jurisdiction.

3) Citizens, the Senate, the Ombudsman

(parliamentary representative on human rights), and
the Central Election Commission are empowered to
submit legislative proposals [19].

xix

Recent constitutional changes enable direct

citizen legislative initiatives, requiring submission of
signatures to public agencies with law-making
competency in the amount of at least one hundred
thousand [20].

xx

Besides,

other government agencies, NGOs,

and citizens can submit their legislative proposals for
consideration to the agencies mentioned above [21].

xxi

Legislation

allows

rulemaking

through

secondary laws (bylaws or regulatory acts) formulated
by the President, Cabinet of Ministers, and local
governments. However, the proportion of laws
enacted by Parliament is relatively low compared to
bylaws (only 5 percent) with the Cabinet of Ministers
(42 percent), government agencies (33 percent), and
the President (19 percent) being the main rule-making
actors (Figure 3).


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Figure 3. The share of normative legal acts.

This approach conflicts with a fundamental principle of
lawmaking, which advocates for limiting executive
power and delegating authority only as necessary and
within clearly defined parameters [22]

xxii

to maintain a

balance of power and prevent excessive concentration
of authority in the executive branch.

The President

The President, as head of state, ensures

coordinated

functioning

and

interaction

of

government

branches

[23],

xxiii

signing

and

promulgating laws, and issuing decrees, resolutions,
and ordinances. The President is the main initiator and
driver of formal and informal policymaking. Main issues
of public policy are consulted with the President or

President’s

Administration, and most of the lawmaking

initiatives come from the President (through speeches,
proposals, presidential decrees and resolutions,
errands, and etc.), while other actors participate in

rulemaking to implement referrals from president’s

decrees, resolutions and errands.

The Cabinet of Ministers

The Cabinet of Ministers exercises executive

authority, ensuring compliance with the Constitution,
laws, parliamentary decisions, and presidential
directives [24].

xxiv

It coordinates and supervises

executive bodies while issuing binding decisions and
orders applicable nationwide [25].

xxv

The Cabinet of

Ministers is responsible for drafting laws, presidential
acts, and its own decisions, typically consulting with
the Presidential Administration during this process.
The legislative initiative is implemented through the
legislative work plan of the Cabinet of Ministers.

The Government Agencies

Government ministries, agencies, committees,

and other government bodies have the authority to
establish executive norms within their areas of
expertise. These departmental acts are regulated,
ensuring timely execution and adherence to legal


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standards

[26].

xxvi

Development,

inter-agency

approval, adoption, legal examination, and state
registration are carried out through a unified electronic
system of Project.gov.uz [27].

xxvii

The Ministry of Justice

The Ministry of Justice coordinates lawmaking

activities, including anti-corruption and legal expertise,
implementation of normative legal acts, state
registration of departmental acts, control over
rulemaking procedures, and monitoring regulatory
compliance [28].

xxviii

It can reject acts adopted without

state registration [29].

xxix

The Ministry conducts the

systematization of legislative acts and organizes the
official publication and timely placement of regulatory
legal acts in the publicly accessible database (Lex.uz)
[30].

xxx

Local Government

The local government has the authority to

adopt resolutions within its jurisdiction [31],

xxxi

primarily focusing on local budget allocation, and
setting of local fees and utility fares. Local government
acts are adopted by either the Local Council (Kengash

of people’s deputies) –

a representative authority and

the governors (khokims) a local executive. Normative
legal acts of local government undergo legal expertise
by territorial departments of the Ministry of Justice,

available in each of Uzbekistan’s 12 regions and the

Autonomous Republic of Karakalpakstan.

Judiciary

The judiciary ensures legal compliance and

constitutional integrity, participating in lawmaking
through

legislative

initiatives,

interpretation,

clarification of legal application, and consistency
assessment.

The Constitutional Court interprets the norms

of the Constitution and laws. It reviews the consistency

of normative legal acts and international treaties to the
Constitution and applies legislation by courts upon
request of the Supreme Court [32].

xxxii

The Supreme Court of Uzbekistan is the highest

judicial authority in the field of civil, criminal,
administrative, and economic court proceedings
[33].

xxxiii

The Court considers important issues within

the jurisdiction of the Supreme Court at its Plenum,
which participates in law-making through judicial
practice review, legislative initiative, and seeking
interpretation or assessment of consistency from the
Constitutional Court upon the initiative of lower courts
[34].

xxxiv

Citizens

Citizens can participate in law-making through

referendums, legislative initiatives, submission of
legislative proposals for consideration to agencies that
have such rights, and engagement via the Portal of
public discussion of regulatory acts (regulatory.gov.uz)
and

Collective

Petitions

portal

(

https://meningfikrim.uz/

).

Collective Petitions Portal facilitates direct and

online public engagement in policymaking and
lawmaking processes. Depending on the number of
signatures, the issue will be dealt with by the
Parliament or the Cabinet of Ministers (in case of ten
thousand signatures), provincial legislative council
(five thousand votes needed), and district (city) level
legislative council (at least one thousand votes)
[35].

xxxv

Forms of Adoption of Laws

Laws in Uzbekistan are adopted either through

the general legislative procedure via Parliament or a
nationwide referendum. Important issues of public
governance and legislation are put on a nationwide
discussion through a referendum. Referendums have
been held five times since 1991, all resulting in
affirmations. Citizens, Chambers of the Parliament, and


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the President may initiate a referendum. The last
referendum held in 2023, adopted the Constitution in
its new revision, coming into force from the day of the
official announcement of the referendum results
[36].

xxxvi

Lawmaking Process

In Uzbekistan, the lawmaking process varies

depending on the type of normative legal act. Different
procedures, timeframes, and guidelines are applied for
the Constitution and laws, Presidential acts, Cabinet of
Ministers acts, and ministerial acts, each regulated by
specific procedures and requirements established by
these regulations. Regardless of these distinctions, the
lawmaking process generally comprises of the
following 9 stages.

Agenda Setting and Planning

The lawmaking process begins with planning

and agenda setting within government programs,
legislative plans of the Parliament [37],

xxxvii

and the

Cabinet of Ministers based on the identification and
analysis of problems requiring legal regulation
[38].

xxxviii

While the Cabinet of Ministers has been

adopting annual legislative plans since 2006, there
have been exceptions in 2021 and 2023-2024. For these
years such plans are not available at Lex.uz. The
available past plans outlined proposed legislative
measures, their justifications, responsible agencies,
timeframes, and financial implications [39].

xxxix

However, complexities in financial and economic
calculations, and extra administrative burden to

estimate such expenditures, often lead to omissions in
acknowledging expenses required for effective
enforcement, resulting in enforcement challenges.

Preparation

Once the development of the regulatory act

is decided, preparation is the most crucial stage for the
success of the adoption and enforcement including
procedural and substantive issues. Preparation
involves data collection, organizational setup of
working groups, drafting the text, explanatory notes,
and justifying financial expenses.

Laws must be formally drafted in the state

language, which is Uzbek, with translations provided
when necessary [40].

xl

In practice, the legislation is

often prepared in two languages - Uzbek and Russian.
In the past, most of the legislative acts were prepared
in Russian and then translated into Uzbek, which
caused problems because of the contradictory
translation. The Constitutional Court checked
conformity in two such cases in 2002 and 2004, where
the Uzbek version of the acts contradicted the text of
the Russian version of the law and proposed to amend
these contradictions. Consequently, the Uzbek version
of laws were amended and brought into conformity
with the translation of the law. The practice of the
recent decade demonstrates a rising dominance of the
adoption of legal acts in the Uzbek language (Figure 3).
Since 2021, in case of any discrepancy in the text of acts
between the Uzbek and other languages, the text of
the Uzbek language is applied [41].

xli


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Figure 4. The language of normative legal acts.

The preparation stage is resource-intensive, and
legislation sets time constraints for submission to
relevant authorities. Substantive development of the
normative act involves analyzing existing legislation,
identifying

enforcement

gaps,

considering

international standards, foreign expertise, results of
scientific research, expert opinion, and evaluating
economic and financial aspects [42].

xlii

Also, since

March 1, 2024, information about the preparation of
significant economic and socio-political normative acts
has been published on a Discussion Portal in order to
facilitate public proposals and recommendations for
drafting acts [43].

xliii

Interagency Agreement

Draft regulatory acts must be agreed upon with

relevant government agencies and local governments.
The process is digitized and conducted electronically
through a special platform (Projects.gov.uz). The
reconciliation process concludes with endorsements
within specified time limits. Specifically, normative act
that requires expenditures should be obligatorily
consulted with the Ministry of Economy and Finance,

while drafts of legislative acts that impact government
revenue or expenditure or alter the government
budget, require the mandatory conclusion of the
Cabinet of Ministers.

Discussion (Comments and Notice)

Legislative drafts undergo public and expert

discussions before legal expertise and submission for
adoption. Public discussion involves citizens, NGOs,
government agencies, and academia, while expert
discussion includes research institutions and industry
[44].

xliv

The legislative drafts are open for input during

the discussion stage, while proposals and comments
are recommendatory and subject to consideration by
the developer. The minimal time frame for public
discussion is 15 days from the date of posting.

Uzbekistan has made significant progress in

utilizing the internet and digital platforms for
conducting public discussion of legislative drafts
through

the

Regulatory

Discussion

Portal

(

https://regulation.gov.uz/

) since 2016. The Portal

started as a platform for discussion of legislation
related to the business environment [45].

xlv

In 2018, the


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scope was expanded to require that all drafts of
normative legal acts be posted on the Portal for
mandatory public discussion. This rule was further
amended in 2022, and since then, public discussion has
become standard practice, particularly for significant
economic

and

socio-political

normative

legal

documents [46].

xlvi

Furthermore, the Chamber of Commerce of

Uzbekistan facilitates public discussions, provides
conclusions, and oversees the implementation of
business-related legislation [47].

xlvii

Similarly, since

2023,

the

Public

Council

for

Supporting

Entrepreneurship under the President has been
involved in public consultations on drafts of normative
legal acts [48].

xlviii

Although legislative acts proposed by

government agencies are usually open for comments
via the Regulatory Discussion Portal, in some cases,
this stage is bypassed due to urgency or expedited
procedures, or concerns about negative public
opinion. After publication for comments and
discussion, some legislative acts are modified to
accommodate public comments.

RIA and Expertise (Examination)

The

concept

of

Regulatory

Impact

Assessment (RIA) was introduced in 2021 to assess the
impact, effectiveness, and efficiency of normative acts.
RIA is mandatory for acts affecting entrepreneurial
activity, citizens

rights, and the environment [49]

xlix

and is conducted through the Regulatory Discussion
Portal before the legal expertise stage. RIA is a three-
step procedure encompassing legislative planning,
development, and post-enactment assessment.
Citizens and legal entities may conduct alternative RIA,
conclusions of which must be considered by
government agencies.

According to RIA guidelines, the Cabinet of

Ministers approves the RIA plan each year after public
discussion [50].

l

However, so far discussion or

publication of such plans is unavailable. Besides, public
discussion of RIA activities remains low, with minimal
engagement. Since 2021, 29 RIA projects have been
conducted (nine in 2021, 13 in 2022, six in 2023, and one
as of June 2024), and only nine (31 percent) had some
public comments and proposals.

Additionally, all legislation may undergo

various types of expertise (examination), including
economic, financial, scientific, environmental, gender,
legal, and anti-corruption. Normative acts or their
drafts undergo gender-legal expertise to ensure
gender equality principles are upheld and to detect,
prevent, and mitigate gender-based discrimination
directly or indirectly [51].

li

Legal

and

anti-corruption

expertise

is

mandatory and conducted in the final stage [52]

lii

by

the legal service of relevant agencies, the Anti-
Corruption Agency, and the Ministry of Justice [53].

liii

Acts of local government undergo legal expertise at
territorial justice departments, while acts of ministries
and other national-level government agencies are
examined by the Ministry of Justice.

Submission to Relevant Authority for Review and
Adoption

The draft of a normative act is submitted to the

decision-making div for adoption along with relevant
attachments, including the conclusion of the Ministry
of Justice, an explanatory note, the RIA conclusion,
statistics,

financial-economic

calculations,

a

comparative table of foreign expertise, and
justification [54].

liv

The drafts of laws undergo parliamentary

review procedures after submission to the Parliament.
Draft laws are typically adopted in three readings by a
majority decision. Constitutional amendments and
Constitutional laws require at least two-thirds of votes
for adoption. Adopted laws are sent to the Senate
within ten days, and if rejected by the Senate, they are
returned to the lower chamber. If the lower chamber


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adopts the law again with a two-thirds majority, it
bypasses the Senate and goes directly to the President
for signing [55].

lv

Disagreements between the

chambers can be settled by an agreement commission
[56].

lvi

The Senate reviews the draft law within 60

days and sends it to the President for signing within 10
days after approval. According to the amended 2023
Constitution, if the Senate does not adopt or reject the
bill within 60 days, it goes directly to the President for
signing by the Legislative Chamber [57].

lvii

The bill is

signed by the President within 60 days and
promulgated. The president has a veto right to return
the bill to Parliament with objections [58].

lviii

The lower

chamber may decide either to accept the comments
and proposals of the President, override the veto by
approving the bill in an earlier adopted edition, or
withdraw further consideration of the bill. If the law in
its previously adopted version is approved by a
majority of at least two-thirds of the total number of
deputies of the Legislative Chamber and members of
the Senate, it must be signed and announced by the
President within 14 days [59].

lix

According to the Database of National

Legislation, seven laws were in total returned by the
President, five in 2022, and two in 2023. While the five
returned laws were withdrawn from consideration, the
two were revised and reviewed by the lower chamber.

For instance, the law on the Transplantation of

human organs and tissues was approved by the Senate
on December 15, 2021, and returned by the President
on March 3, 2022. Legislative Chamber adopted the
decision (March 29, 2022, No. 1983-IV) to revise the law
considering the comments and proposals of the
President and continue from the procedure of the first
reading of the bill. Another related law amending
legislation in connection with the adoption of law on
the transplantation of human organs and tissues was
rejected by the Senate on March 17, 2022. Later on April

12, 2022, the Legislative Chamber decided (No. 2015-IV)
to establish a Conciliation Commission to resolve
disputes between the two Chambers regarding this
law. Consequently, both refined laws about the
transplantation of human organs and tissues and
amendments to legislation were successfully adopted
by Parliament Chambers and signed by the President
shortly after (May 11, 2022, No. LRU-768, June 23, 2022,
No. LRU-780).

However, the legislation does not regulate

non-action, in cases when bills passed by the
Parliament are not signed within the established time

framework (60 days). The president’s inaction is

considered like vetoing in Benin and requires legislative
override [60].

lx

The Constitution of Argentina (art.80)

articulates automatic enactment of the bill in cases of

the president’s inaction within ten working days

[61].

lxi

Similar provisions exist in the legislation of the US and
Mexico [62].

lxii

Therefore, introducing automatic

enactment provisions in the national legislation is vital
in cases of inaction (neither signing nor returning) to
ensure procedural certainty and clarity in the
lawmaking process.

Adoption, Signature, and Promulgation

Normative legal acts are adopted by the

authority that has the right to adopt and their official
text is certified through signing by appropriate
officials.

Laws are signed by the President, resolutions

of the Legislative Chamber by its Speaker, resolutions
of the Senate by its Chairperson, presidential decrees
and resolutions by the President, resolutions of the
Cabinet of Ministers by the Prime Minister, and so
forth. Orders and decrees of government agencies are
signed by the head of the relevant public authority and
become effective only after registration by the
Ministry of Justice [63].

lxiii


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Government agencies must submit their

decisions for registration to the Ministry of Justice
within ten days after adoption. Unregistered acts
cannot serve as legal regulations and carry no legal
consequences [64].

lxiv

Also, there is an administrative

liability for the enactment of normative acts without
registration.

However, some acts continue to operate

without registration by the Ministry of Justice. For
instance, although sanitary rules, norms, and hygiene
standards are required to undergo mandatory legal
examination and registration by the Ministry of Justice
[65],

lxv

the Sanitary Norms and Rules for the Protection

of Atmospheric Air in Residential Areas of the Republic
of Uzbekistan (SanPiN RUz No. 0350-17, 2017)

which

significantly impacts environmental governance

remains unregistered despite being applied in practice.

National legislation amended in 2021 now

allows the adoption of normative legal acts through
legal experiments

by introducing temporary provisions

in certain territories or focused on specific groups of
entities [66].

lxvi

Upon the completion of the

experiment, the authorized div adopts the decision
to apply the norm without limitation, further improve
it based on experiment results, or annul it. Recently,
policymakers

have

demonstrated

systematic

utilization of this tool in policy development and
reforms. This tool was initially applied in 2013 and only
covered laws, whereas lately, this tool has also been
applied while drafting executive bylaws.

Legislative acts are promulgated through

publication

in official publications or newspapers. It is

prohibited to promulgate normative acts in the form of
statements without publication of full text. Also,
legislation that is not officially published cannot serve
as a basis for conviction, punishment, deprivation of
property, or any other rights. The publication of
normative legal acts is a mandatory prerequisite for
their application. Electronic versions of the texts of

normative legal acts of government agencies and local
government are published mandatory on the official
websites of the bodies that adopted them within one
day after the official publication [67].

lxvii

The national database of legislation (Lex.uz),

Collection of Legislation of the Republic of

Uzbekistan

, and newspapers

Khalk suzi

and

Narodnoe slovo

are the main publicly available

official sources of formal legislation [68].

lxviii

Lex.uz

digital platform remains the main publicly accessible
digital source of the national database of legislation.
Besides, above mentioned sources, Bulletin of the
Chambers of the Oliy Majlis, Collection of Resolutions
of

the

Government,

official

publications

of

government agencies and local government are official
sources of publication of these bodies. However, in
rare cases, some acts are published only in select
sources, while in other instances, only a brief note
about their adoption is made available, with limited or

no publication of the act’s content. Occasionally,

information about the adoption of certain acts is
accessible only through reference notes. For example,
the new Regulation of the Cabinet of Ministers (No. 150
of March 25, 2024) has not been published publicly in
the database, apart from a brief note indicating the
annulment of the previous regulation concerning the
Approval of the Regulations of the Cabinet of Ministers
[69].

lxix

However, in rare cases, certain acts are

published only in select sources, while in other cases,
they are not published at all. This issue is particularly
significant with the promulgation rate of normative
legal acts by local governments. Moreover, laws are
adopted by two chambers of Parliament, before
signing by the president. The Concept of Improving
Regulatory Development Activities (No. PF-5505, 2018)
mandates that the text of passed laws, along with
related analytical materials, be published on the

Parliament’s website after each reading. However, in


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some cases, the text of the approved law is not
published by either chamber.

Entry into Force and Implementation (Enforcement)

Normative legal acts enter into force on the day

of their publication unless another later date is
specified. However, enforcing some acts immediately
upon promulgation can be challenging. On the other
hand, legislation impacting businesses, such as
complicating procedures, imposing new duties, or
establishing new measures of responsibility, takes
effect after a three-month grace period post-
promulgation [70].

lxx

The Cabinet of Ministers oversees

enforcement, while government agencies and local
governments ensure implementation within their
jurisdictions [71].

lxxi

The efficacy of rulemaking largely depends on

effective implementation, which can be undermined
by challenges such as controversies, unrealistic goals
and

norms,

and

insufficient

mechanisms.

Controversies may provoke public feedback, legal
challenges, or policy reversals, delaying or preventing
effective enforcement. Unrealistic goals, often
stemming from overambitious policies or limited
resources, can further impede the practical application
of laws. Furthermore, inadequate mechanisms and
vaguely defined norms can lead to ambiguities and
enforcement challenges, ultimately weakening the
rulemaking process and its intended outcomes.

Oversight (Monitoring)

Multiple oversight mechanisms exist for

legislative acts in Uzbekistan, including public,
parliamentary, prosecutorial, constitutional, and
judicial oversight, along with oversight by other
government agencies. Citizens, self-governing bodies,
NGOs, and the press can monitor and influence the
implementation of normative legal acts through public
control mechanisms [72],

lxxii

which have been gaining

strength. By contrast, judicial and parliamentary

oversight, as well as other mechanisms, remain
relatively less robust.

Prosecutorial oversight remains the primary

and most established oversight mechanism in
Uzbekistan. Despite its prominence, debates continue
regarding its broader impact on the rule of law. While
it plays a critical role in enforcing legal compliance, its
effectiveness is limited by challenges such as potential
overreach. Consequently, maintaining its role in
upholding the rule of law and ensuring compliance
remains challenging.

Suspension and Revocation of Regulatory Acts

Normative acts can be suspended or revoked

by the adopting authority, higher authorities or by
Constitutional court [73].

lxxiii

Specifically, the Senate

has the authority to revoke decisions of local councils
that contradict higher-status normative legal acts. The
President holds the right to suspend or revoke acts of
the Cabinet of Ministers, decisions of government
agencies, and those of local governors (khokims). The
Ministry of Justice can suspend the act of government
agencies if controversial issues or new conditions arise
during their application.


LAWMAKING PROCESS IN PRACTICE

Public Engagement and Judicial Precedent

The lawmaking process in Uzbekistan is

occasionally influenced by public petitions and judicial
interpretations, which can lead to successful
outcomes.

The

Collective

Petitions

Portal

(

https://meningfikrim.uz/

) enables direct and online

public participation in policymaking and the lawmaking
process. Depending on the number of signatures a
petition receives, the issue is addressed by different
levels of authority:

- Parliament or the Cabinet of Ministers (in case

of ten thousand signatures);


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- Provincial legislative council (in case of five

thousand signatures);

- District (city) level legislative council (requires

at least one thousand signatures).

A key example is the Petitions Portal, where

public petitions have, in some cases, resulted in
success. Out of approximately 6,600 petitions
submitted to the Portal, only 15 (0.22 percent)
gathered enough signatures to be reviewed by the
relevant authorities. Of these, 12 were reviewed by
Parliament and three by local government.

While successful cases demonstrate the

potential of public engagement, some petitions face
challenges meeting the established signature
threshold. Additionally, some proposals, such as
abolishment of the registration of mobile device IMEI
codes, were not supported by parliamentary
committees.

A clear success story from April 2018 involved a

petition [74]

lxxiv

requesting permission to tint the

windows of private vehicles due to sunny and hot
summer conditions. With over 12,000 votes collected,
the Cabinet of Ministers swiftly adopted a decision to
permit tinting vehicle windows in July 2018 No.547.

The judiciary played a vital role in interpreting

and enforcing legislation on this matter as well. In
September 2019, the Administrative Court ruled that
curtains could be installed on rear windows without
permission, overturning high administrative penalties
for such cases. Despite the transport police challenging
the decision, regional and Supreme court upheld the
decision of district level court establishing a court
precedent. Subsequently, in June 2022 the Cabinet of
Ministers decision was amended by the Presidential
resolution abolishing the requirement to get
permission for tinting rear windows established by the
court precedent and significantly reducing fees for
tinting windshield and front door windows.

Three other successful cases involved

abolishing certain permission procedures related to
driving vehicles, such as requiring a power of attorney
for close relatives for driving a vehicle, abolishing
carrying of physical documents instead of using digital
technologies, canceling the practice of placing the
vehicle in the penalty area due to lack of insurance or
failure to pass a technical inspection. These petitions,
each garnering over 10,000 votes, were resolved
positively.

This

case

demonstrates

how

public

engagement and judicial oversight can drive
meaningful legislative changes, promoting greater
transparency, accountability, and responsiveness
within the lawmaking process.

Key Drivers of Effective Lawmaking

1) Digitalization and Systematization
Most rulemaking procedures are digitized and
systematized through various online platforms, such as
the

inter-agency

agreement

platform

(

https://project.gov.uz

), the collective petitions and

initiatives portal (

https://meningfikrim.uz

), and public

discussion

portals

(

https://regulation.gov.uz

).

Additionally, legislation is published in the freely
accessible National Database of the Legislation
(

https://lex.uz

), and there is a single electronic system

for the development, agreement, and registration of
decisions by government agencies and local
governments, which includes non-normative acts as
well

(

https://e-qaror.gov.uz/

).

These

platforms

enhance efficiency and ensure transparency in the
lawmaking process, while also highlighting cases of
non-compliance or other associated issues.
2) Expedited Process
Some legislative acts are adopted within a short period
enabling swift enactment of laws and policies.
Expedited procedures can be observed in the adoption
of important political, and social-economic legislation,
which is very important, especially during urgent or


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crisis times like Covid-19 enabling for swift lawmaking
and taking immediate action to respond to situation.
3) Thorough Procedures
Well-designed legislative procedures, including various
types of expertise (e.g., anti-corruption, gender, legal),
RIA, public discussion, and legal experiments,
contribute to the quality and success of regulatory acts
and help identify and resolve issues during the
preparation stage.

3.3 Challenges and Opportunities for Enhancing the
Lawmaking Process

Several factors currently challenge the

effectiveness and credibility of the lawmaking process
in Uzbekistan, offering areas for improvement to
strengthen public governance. Adhering to legislative
procedures, including public discussion, RIA, is
essential to building a robust and transparent
lawmaking

process.

When

these

steps

are

overlooked

such as in cases where decisions lack

scientific grounding or fail to consider potential
impacts

effective policymaking and enforcement

become more difficult

To address this, the Ministry of Justice aims to

base 50% of draft laws on RIA by 2024, a significant goal
from a baseline of zero in 2020 [75].

lxxv

However,

challenges remain at the local level, where submission
rates for legal expertise are relatively low, reaching
only 80% [76].

lxxvi

Transparency is also critical for trust in

governance. The lack of systematized, publicly
available information about the status of bills

whether pending, returned, or withdrawn

and the

limited publication of passed bills, particularly at the
local government level, signal areas for improvement.
Currently, only 85% of normative legal acts from local
governments are publicly available [77].

lxxvii

Additionally, some legislative acts experience

significant delays before enactment, stalling crucial

reforms. For example, according to the legislative
program (June 15, 2005, No.71-I) of the Legislative
Chamber the civil service law, originally planned for
2006, was only adopted in 2022 (LRU-788,

А

ugust 8,

2022). Such delays highlight the need for more efficient
processes to support timely reforms.

While Uzbekistan’s legislative activity is high,

only a small percentage of laws are directly applicable,
with approximately 93% of domestic legislation
governed by bylaws. The Ministry of Justice has set a
goal to increase directly applicable acts to 40% by 2024
[78],

lxxviii

a step that would improve the clarity and

enforceability of legislation. The rapid pace of
lawmaking, however, continues to present challenges
in implementation.

Addressing

these

challenges

requires

strengthening legislative procedures, improving
transparency, streamlining processes, fostering public
engagement, and ensuring effective enforcement. By
focusing on these areas, Uzbekistan can build a more
efficient, accountable, and impactful lawmaking
process.

IV. Recommendations for Enhancing the Lawmaking

Process

To address the challenges identified in Uzbekistan’s

lawmaking practices and to strengthen governance,
several key recommendations are proposed. These
measures aim to ensure the development of effective,
transparent, and accountable legislative processes
aligned with international standards and democratic
principles.

First, adherence to international standards,

such as the OSCE ODIHR principles, is essential for
ensuring clarity, consistency, and stability in the
legislative process. Compliance with established
procedural standards, including public discussions,
RIAs, and expertise procedures, must be rigorously
enforced. Integrating scientific research, data analysis,
and international best practices into the drafting


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process will significantly enhance evidence-based
policymaking. Expanding the use of RIAs beyond the
current goal of 50% of draft laws is critical to ensuring
comprehensive evaluations of potential impacts.
These measures will help prevent poorly developed
policies and foster legitimacy in legislative outcomes.

Second, increasing transparency in the

legislative process is vital to building public trust.
Comprehensive and regularly updated information
about the status of bills

whether pending, returned,

or withdrawn

should be made accessible to the

public through parliamentary web resources and
publications. Additionally, all normative legal acts,
particularly those from local governments, must be
fully published to address the current gap, where only
85% of local acts are accessible.

Third, strengthening oversight mechanisms is

necessary to ensure that laws are well-crafted,
effectively enforced, and achieve their intended
outcomes. Establishing metrics to evaluate the
effectiveness of laws will enable timely adjustments.
Judicial and parliamentary oversight, alongside
prosecutorial supervision, should be enhanced to
create a balanced system of checks and balances.
Furthermore, upholding the separation of powers
between legislative, executive, and judicial branches is
essential to prevent power concentration and foster
democratic governance. Enforcing consequences for
procedural violations, such as failing to register acts
with the Ministry of Justice, is equally critical.

Fourth, simplifying and codifying legislation will

improve the legal system’s navigability. Increasing the

proportion of directly applicable laws will enhance
clarity and enforceability. Organizing legislation into
coherent codes and frameworks will further promote
accessibility and understanding.

Finally, encouraging public engagement is a

cornerstone of inclusive lawmaking. Platforms such as
the Regulatory Discussion Portal and the Collective
Petitions Portal should be utilized effectively to gather
citizen feedback. Educating citizens about their rights
and avenues for participation will foster a more
informed and engaged public, ultimately enhancing
policymaking and legislative processes.

By

adopting

these

recommendations,

Uzbekistan can develop a more transparent, inclusive,
and

effective

legislative

framework.

Such

improvements will strengthen public trust, uphold the
rule of law, and contribute to better governance and
public welfare.

CONCLUSION

Lawmaking

in

Uzbekistan

has

shown

effectiveness in expediting decision-making, especially
during crises. However, this approach has also exposed
challenges, such as opaque procedures and the risk of
poorly developed policies. Advancing democratic
reforms to promote transparency and accountability in
public administration remains essential.

Adopting principles of good regulatory

practice

such as transparency, stakeholder

engagement, and evidence-based policymaking

can

significantly enhance the quality of legislation. Strict
adherence

to

legislative

procedures

fosters

transparency and legitimacy, building public trust in
the lawmaking process. Additionally, expanding public
participation can address key concerns related to
inclusivity and openness.

By implementing these measures, policymakers can
enhance the effectiveness, transparency, and
accountability of Uzbekistan's lawmaking process,
ultimately contributing to improved governance and
public welfare.


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i

The World Justice Project, WJP Rule of Law Index 2023,

(2023),

https://worldjusticeproject.org/rule-of-law-

index/country/2023/Uzbekistan/

.

ii

Gary Goodpaster, “Law Reform in Developing Countries,”

Transnat’l L. & Contemp. Probs.

13 (2003): 659.

iii

Derick Brinkerhoff and Arthur Goldsmith, “Clientelism,

Patrimonialism and Democratic Governance: An Overview and
Framework for Assessment and Programming,” January 1,
2002.

iv

Vineeta Yadav,

Political Parties, Business Groups, and

Corruption in Developing Countries

(Oxford University Press,

2011).

v

Susan Webb Yackee, “The ‘Science’ of Policy Development

During Administrative Rulemaking,”

Policy Studies Journal

,

June

23,

2019,

https://onlinelibrary.wiley.com/doi/abs/10.1111

.

vi

Robert B. Seidman, “Drafting for the Rule of Law:

Maintaining Legality in Developing Countries,”

Yale J. Int’l L.

12 (1987): 84.

vii

David Fairman, “Resolving Public Conflicts in Developing

Countries,”

Disp. Resol. Mag.

12 (2005–2006): 9.

viii

Guidelines on Democratic Lawmaking for Better Laws.

2023. The OSCE Office for Democratic Institutions and Human
Rights (ODIHR), p. 10.

ix

Guidelines on Democratic Lawmaking for Better Laws. 2023.

The OSCE Office for Democratic Institutions and Human
Rights (ODIHR), p. 10.

x

The Law of the Republic of Uzbekistan on Normative Legal

Acts, No. LRU-682, Article 5 (LexUz 2021).

xi

The Decree of the President of the Republic of Uzbekistan,

No. PF-5505, Annex 1, the Concept of Improving Regulatory
development activities (LexUz 2018).

xii

Guidelines on Democratic Lawmaking for Better Laws.

2023. The OSCE Office for Democratic Institutions and Human
Rights (ODIHR), p. 3.

xiii

The Constitution of the Republic of Uzbekistan, Article 15

(LexUz 2023).

xiv

The Constitution of the Republic of Uzbekistan, Article 16

(LexUz 2023).

xv

The Law of the Republic of Uzbekistan on Normative Legal

Acts, No. LRU-682, Article 4 (LexUz 2021).

xvi

The Constitutional Law of the Republic of Uzbekistan on the

Legislative Chamber of the Oliy Majlis of the Republic of
Uzbekistan, No. 434-II, Article 18 (LexUz 2002).

xvii

The Constitutional Law of the Republic of Uzbekistan on

the Legislative Chamber of the Oliy Majlis of the Republic of
Uzbekistan, No. 434-II, Article 34 (LexUz 2002).

xviii

The Constitution of the Republic of Uzbekistan, Article 98

(LexUz 2023).

xix

The Constitution of the Republic of Uzbekistan, Article 98

(LexUz 2023).

xx

The Law of the Republic of Uzbekistan on the Regulations of

the Legislative Chamber of the Oliy Majlis of the Republic of
Uzbekistan, No. 522-II, Article 19

1

(LexUz 2003).

xxi

The Law of the Republic of Uzbekistan on the Procedure for

Preparing Draft Laws and Their Submission to the Legislative
Chamber of the Oliy Majlis of the Republic of Uzbekistan, No.
LRU-60, article 8 (LexUz 2006).

xxii

Guidelines on Democratic Lawmaking for Better Laws.

2023. The OSCE Office for Democratic Institutions and Human
Rights (ODIHR), p. 10.

xxiii

The Constitution of the Republic of Uzbekistan, Article 105

(LexUz 2023).

xxiv

The Constitution of the Republic of Uzbekistan, Articles

114-115 (LexUz 2023).

xxv

The Constitution of the Republic of Uzbekistan, Article 116

(LexUz 2023).

xxvi

The Rules of Preparation and Adoption of Departmental

Regulations, Registered by the Ministry of Justice of the
Republic of Uzbekistan, Registration No. 2565 (LexUz 2014).

xxvii

The Rules of Preparation and Adoption of Departmental

Regulations, Registered by the Ministry of Justice of the
Republic of Uzbekistan, Registration No. 2565 (LexUz 2014).

xxviii

The Resolution of the President of the Republic of

Uzbekistan, No. PQ-3666, (LexUz 2018).

xxix

The Rules of Preparation and Adoption of Departmental

Regulations, Registered by the Ministry of Justice of the
Republic of Uzbekistan, Registration No. 2565 (LexUz 2014).

xxx

The Resolution of the President of the Republic of

Uzbekistan, No. PQ-3666, (LexUz 2018).

xxxi

The Constitution of the Republic of Uzbekistan, Article

126 (LexUz 2023).

xxxii

The Constitution of the Republic of Uzbekistan, Article 133

(LexUz 2023).


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xxxiii

The Law of the Republic of Uzbekistan on Courts, No.

LRU-703, Article 18 (LexUz 2021).

xxxiv

The Law of the Republic of Uzbekistan on Courts, No.

LRU-703, Article 22 (LexUz 2021).

xxxv

Regulation on the procedure for submitting electronic

collective petitions through the web portal “Mening fikrim” and
their consideration, The Joint Resolution of the Council of the
Legislative Chamber and Council of the Senate of the Oliy
Majlis of the Republic of Uzbekistan, No. 2310-III/QQ-503-III.
(LexUz 2019).

xxxvi

The Law of the Republic of Uzbekistan on the Referendum

of the Republic of Uzbekistan, No. 265-II, Articles 39-40
(LexUz 2001).

xxxvii

The Law of the Republic of Uzbekistan on the Regulations

of the Legislative Chamber of the Oliy Majlis of the Republic
of Uzbekistan, No. 522-II, Article 36 (LexUz 2003).

xxxviii

The Law of the Republic of Uzbekistan on Normative

Legal Acts, No. LRU-682, Article 19 (LexUz 2021).

xxxix

The Law of the Republic of Uzbekistan on Normative

Legal Acts, No. LRU-682, Article 19 (LexUz 2021).

xl

The Law of the Republic of Uzbekistan on Normative Legal

Acts, No. LRU-682, Article 21 (LexUz 2021).

xli

The Law of the Republic of Uzbekistan on Normative Legal

Acts, No. LRU-682, Article 33 (LexUz 2021).

xlii

The Law of the Republic of Uzbekistan on Normative Legal

Acts, No. LRU-682, Article 23 (LexUz 2021).

xliii

The Resolution of the President of the Republic of

Uzbekistan, No. PQ-75, (LexUz 2024).

xliv

The Law of the Republic of Uzbekistan on Normative Legal

Acts, No. LRU-682, Article 23 (LexUz 2021).

xlv

The Decree of the President of the Republic of Uzbekistan

on Additional Measures for Further Improvement of the
Investment Climate and the Business Environment in the
Republic of Uzbekistan, No. PF-4609, (LexUz 2014).

xlvi

The Resolution of the President of the Republic of

Uzbekistan, No. PQ-3666, (LexUz 2018), the Decree of the
President of the Republic of Uzbekistan, No. PF-89, (LexUz
2022).

xlvii

The Law of the Republic of Uzbekistan on the Chamber of

Commerce and Industry of the Republic of Uzbekistan,
No. LRU-483, Articles 21-23 (LexUz 2018).

xlviii

The Resolution of the President of the Republic of

Uzbekistan, No. PQ-292 (LexUz 2023).

xlix

The Resolution of the President of the Republic of

Uzbekistan, No. PQ-5025, Regulation on the Procedure of

Regulatory Impact Assessment of Normative Legal Acts and
Their Drafts (LexUz 2021).

l

The Resolution of the President of the Republic of Uzbekistan,

No. PQ-5025, Regulation on the Procedure of Regulatory
Impact Assessment of Normative Legal Acts and Their Drafts
(LexUz 2021).

li

The Law of the Republic of Uzbekistan on Guarantees of

Equal Rights and Opportunities for Women and Men, No.
LRU-562, Article 7 (LexUz 2019).

lii

The Law of the Republic of Uzbekistan on Normative Legal

Acts, No. LRU-682, Article 25 (LexUz 2021).

liii

The Law of the Republic of Uzbekistan on the Anti-

Corruption Expertise of Normative Legal Acts and Their
Projects, No. LRU-860, Article 20 (LexUz 2023).

liv

The Law of the Republic of Uzbekistan on Normative Legal

Acts, No. LRU-682, Article 32 (LexUz 2021).

lv

The Constitutional Law of the Republic of Uzbekistan on the

Legislative Chamber of the Oliy Majlis of the Republic of
Uzbekistan, No. 434-II, Article 29 (LexUz 2002).

lvi

The Constitutional Law of the Republic of Uzbekistan on the

Legislative Chamber of the Oliy Majlis of the Republic of
Uzbekistan, No. 434-II, Article 30 (LexUz 2002).

lvii

The Constitution of the Republic of Uzbekistan, Article 99

(LexUz 2023).

lviii

The Constitutional Law of the Republic of Uzbekistan on

the Legislative Chamber of the Oliy Majlis of the Republic of
Uzbekistan, No. 434-II, Article 32 (LexUz 2002).

lix

The Constitutional Law of the Republic of Uzbekistan on the

Senate of the Oliy Majlis of the Republic of Uzbekistan, No.
432-II, Article 28 (LexUz 2002). The Constitutional Law of the
Republic of Uzbekistan on the Legislative Chamber of the Oliy
Majlis of the Republic of Uzbekistan, No. 434-II, Article 33
(LexUz 2002).

lx

Bulmer, Elliot, “Presidential Veto Powers.”

International

Institute for Democracy and Electoral Assistance
(International IDEA)

, p.20, 2017.

lxi

Bulmer, Elliot, “Presidential Veto Powers.”

International

Institute for Democracy and Electoral Assistance
(International IDEA)

, p.19, 2017.

lxii

Bulmer, Elliot, “Presidential Veto Powers.”

International

Institute for Democracy and Electoral Assistance
(International IDEA)

, p.19-20, 2017.

lxiii

The Law of the Republic of Uzbekistan on Normative Legal

Acts, No. LRU-682, Article 36 (LexUz 2021).


background image

Volume 04 Issue 11-2024

41


International Journal Of Law And Criminology
(ISSN

2771-2214)

VOLUME

04

ISSUE

11

P

AGES

:

23-41

OCLC

1121105677
















































Publisher:

Oscar Publishing Services

Servi

lxiv

The Law of the Republic of Uzbekistan on Normative Legal

Acts, No. LRU-682, Article 37 (LexUz 2021).

lxv

The Law of the Republic of Uzbekistan on the Sanitary-

epidemiological Well-being of the Population, No. LRU-393,
Article 5 (LexUz 2015).

lxvi

The Law of the Republic of Uzbekistan on Normative Legal

Acts, No. LRU-682, Article 34 (LexUz 2021).

lxvii

The Law of the Republic of Uzbekistan on Normative Legal

Acts, No. LRU-682, Article 38 (LexUz 2021).

lxviii

The Law of the Republic of Uzbekistan on Normative Legal

Acts, No. LRU-682, Article 39 (LexUz 2021).

lxix

lxx

The Law of the Republic of Uzbekistan on Normative Legal

Acts, No. LRU-682, Article 40 (LexUz 2021).

lxxi

The Law of the Republic of Uzbekistan on Normative Legal

Acts, No. LRU-682, Articles 48-51 (LexUz 2021).

lxxii

The Law of the Republic of Uzbekistan on Normative Legal

Acts, No. LRU-682, Article 53 (LexUz 2021).

lxxiii

The Law of the Republic of Uzbekistan on Normative Legal

Acts, No. LRU-682, Article 45 (LexUz 2021).

lxxiv

Petition No. 96-s-p/18,

Collective Petitions Portal.

https://meningfikrim.uz/uz/petitions/view/143

(Accessed June

1, 2024).

lxxv

The Decree of the President of the Republic of Uzbekistan,

No. PF-5997, Annex 3 (LexUz 2020).

lxxvi

The Decree of the President of the Republic of Uzbekistan,

No. PF-5997, Annex 3 (LexUz 2020).

lxxvii

The Decree of the President of the Republic of Uzbekistan,

No. PF-5997, Annex 3 (LexUz 2020).

lxxviii

The Decree of the President of the Republic of Uzbekistan,

No. PF-5997, Annex 3 (LexUz 2020).

References

The World Justice Project, WJP Rule of Law Index 2023, (2023), https://worldjusticeproject.org/rule-of-law-index/country/2023/Uzbekistan/.

Gary Goodpaster, “Law Reform in Developing Countries,” Transnat’l L. & Contemp. Probs. 13 (2003): 659.

Derick Brinkerhoff and Arthur Goldsmith, “Clientelism, Patrimonialism and Democratic Governance: An Overview and Framework for Assessment and Programming,” January 1, 2002.

Vineeta Yadav, Political Parties, Business Groups, and Corruption in Developing Countries (Oxford University Press, 2011).

Susan Webb Yackee, “The ‘Science’ of Policy Development During Administrative Rulemaking,” Policy Studies Journal, June 23, 2019, https://onlinelibrary.wiley.com/doi/abs/10.1111.

Robert B. Seidman, “Drafting for the Rule of Law: Maintaining Legality in Developing Countries,” Yale J. Int’l L. 12 (1987): 84.

David Fairman, “Resolving Public Conflicts in Developing Countries,” Disp. Resol. Mag. 12 (2005–2006): 9.

Guidelines on Democratic Lawmaking for Better Laws. 2023. The OSCE Office for Democratic Institutions and Human Rights (ODIHR), p. 10.

Guidelines on Democratic Lawmaking for Better Laws. 2023. The OSCE Office for Democratic Institutions and Human Rights (ODIHR), p. 10.

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Article 5 (LexUz 2021).

The Decree of the President of the Republic of Uzbekistan, No. PF-5505, Annex 1, the Concept of Improving Regulatory development activit

ies (LexUz 2018).

Guidelines on Democratic Lawmaking for Better Laws. 2023. The OSCE Office for Democratic Institutions and Human Rights (ODIHR), p. 3.

The Constitution of the Republic of Uzbekistan, Article 15 (LexUz 2023).

The Constitution of the Republic of Uzbekistan, Article 16 (LexUz 2023).

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Article 4 (LexUz 2021).

The Constitutional Law of the Republic of Uzbekistan on the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan, No. 434-II, Article 18 (LexUz 2002).

The Constitutional Law of the Republic of Uzbekistan on the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan, No. 434-II, Article 34 (LexUz 2002).

The Constitution of the Republic of Uzbekistan, Article 98 (LexUz 2023).

The Constitution of the Republic of Uzbekistan, Article 98 (LexUz 2023).

The Law of the Republic of Uzbekistan on the Regulations of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan, No. 522-II, Article 191 (LexUz 2003).

The Law of the Republic of Uzbekistan on the Procedure for Preparing Draft Laws and Their Submission to the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan, No. LRU-60, article 8 (LexUz 2006).

Guidelines on Democratic Lawmaking for Better Laws. 2023. The OSCE Office for Democratic Institutions and Human Rights (ODIHR), p. 10.

The Constitution of the Republic of Uzbekistan, Article 105 (LexUz 2023).

The Constitution of the Republic of Uzbekistan, Articles 114-115 (LexUz 2023).

The Constitution of the Republic of Uzbekistan, Article 116 (LexUz 2023).

The Rules of Preparation and Adoption of Departmental Regulations, Registered by the Ministry of Justice of the Republic of Uzbekistan, Registration No. 2565 (LexUz 2014).

The Rules of Preparation and Adoption of Departmental Regulations, Registered by the Ministry of Justice of the Republic of Uzbekistan, Registration No. 2565 (LexUz 2014).

The Resolution of the President of the Republic of Uzbekistan, No. PQ-3666, (LexUz 2018).

The Rules of Preparation and Adoption of Departmental Regulations, Registered by the Ministry of Justice of the Republic of Uzbekistan, Registration No. 2565 (LexUz 2014).

The Resolution of the President of the Republic of Uzbekistan, No. PQ-3666, (LexUz 2018).

The Constitution of the Republic of Uzbekistan, Article 126 (LexUz 2023).

The Constitution of the Republic of Uzbekistan, Article 133 (LexUz 2023).

The Law of the Republic of Uzbekistan on Courts, No. LRU-703, Article 18 (LexUz 2021).

The Law of the Republic of Uzbekistan on Courts, No. LRU-703, Article 22 (LexUz 2021).

Regulation on the procedure for submitting electronic collective petitions through the web portal “Mening fikrim” and their consideration, The Joint Resolution of the Council of the Legislative Chamber and Council of the Senate of the Oliy Majlis of the Republic of Uzbekistan, No. 2310-III/QQ-503-III. (LexUz 2019).

The Law of the Republic of Uzbekistan on the Referendum of the Republic of Uzbekistan, No. 265-II, Articles 39-40 (LexUz 2001).

The Law of the Republic of Uzbekistan on the Regulations of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan, No. 522-II, Article 36 (LexUz 2003).

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Article 19 (LexUz 2021).

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Article 19 (LexUz 2021).

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Article 21 (LexUz 2021).

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Article 33 (LexUz 2021).

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Article 23 (LexUz 2021).

The Resolution of the President of the Republic of Uzbekistan, No. PQ-75, (LexUz 2024).

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Article 23 (LexUz 2021).

The Decree of the President of the Republic of Uzbekistan on Additional Measures for Further Improvement of the Investment Climate and the Business Environment in the Republic of Uzbekistan, No. PF-4609, (LexUz 2014).

The Resolution of the President of the Republic of Uzbekistan, No. PQ-3666, (LexUz 2018), the Decree of the President of the Republic of Uzbekistan, No. PF-89, (LexUz 2022).

The Law of the Republic of Uzbekistan on the Chamber of Commerce and Industry of the Republic of Uzbekistan, No. LRU-483, Articles 21-23 (LexUz 2018).

The Resolution of the President of the Republic of Uzbekistan, No. PQ-292 (LexUz 2023).

The Resolution of the President of the Republic of Uzbekistan, No. PQ-5025, Regulation on the Procedure of Regulatory Impact Assessment of Normative Legal Acts and Their Drafts (LexUz 2021).

The Resolution of the President of the Republic of Uzbekistan, No. PQ-5025, Regulation on the Procedure of Regulatory Impact Assessment of Normative Legal Acts and Their Drafts (LexUz 2021).

The Law of the Republic of Uzbekistan on Guarantees of Equal Rights and Opportunities for Women and Men, No. LRU-562, Article 7 (LexUz 2019).

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Article 25 (LexUz 2021).

The Law of the Republic of Uzbekistan on the Anti-Corruption Expertise of Normative Legal Acts and Their Projects, No. LRU-860, Article 20 (LexUz 2023).

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Article 32 (LexUz 2021).

The Constitutional Law of the Republic of Uzbekistan on the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan, No. 434-II, Article 29 (LexUz 2002).

The Constitutional Law of the Republic of Uzbekistan on the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan, No. 434-II, Article 30 (LexUz 2002).

The Constitution of the Republic of Uzbekistan, Article 99 (LexUz 2023).

The Constitutional Law of the Republic of Uzbekistan on the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan, No. 434-II, Article 32 (LexUz 2002).

The Constitutional Law of the Republic of Uzbekistan on the Senate of the Oliy Majlis of the Republic of Uzbekistan, No. 432-II, Article 28 (LexUz 2002). The Constitutional Law of the Republic of Uzbekistan on the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan, No. 434-II, Article 33 (LexUz 2002).

Bulmer, Elliot, “Presidential Veto Powers.” International Institute for Democracy and Electoral Assistance (International IDEA), p.20, 2017.

Bulmer, Elliot, “Presidential Veto Powers.” International Institute for Democracy and Electoral Assistance (International IDEA), p.19, 2017.

Bulmer, Elliot, “Presidential Veto Powers.” International Institute for Democracy and Electoral Assistance (International IDEA), p.19-20, 2017.

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Article 36 (LexUz 2021).

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Article 37 (LexUz 2021).

The Law of the Republic of Uzbekistan on the Sanitary-epidemiological Well-being of the Population, No. LRU-393, Article 5 (LexUz 2015).

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Article 34 (LexUz 2021).

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Article 38 (LexUz 2021).

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Article 39 (LexUz 2021).

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Article 40 (LexUz 2021).

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Articles 48-51 (LexUz 2021).

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Article 53 (LexUz 2021).

The Law of the Republic of Uzbekistan on Normative Legal Acts, No. LRU-682, Article 45 (LexUz 2021).

Petition No. 96-s-p/18, Collective Petitions Portal. https://meningfikrim.uz/uz/petitions/view/143 (Accessed June 1, 2024).

The Decree of the President of the Republic of Uzbekistan, No. PF-5997, Annex 3 (LexUz 2020).

The Decree of the President of the Republic of Uzbekistan, No. PF-5997, Annex 3 (LexUz 2020).

The Decree of the President of the Republic of Uzbekistan, No. PF-5997, Annex 3 (LexUz 2020).

The Decree of the President of the Republic of Uzbekistan, No. PF-5997, Annex 3 (LexUz 2020).