Volume 04 Issue 12-2024
50
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
50-54
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article discusses the activities of local council deputies within the framework of Uzbekistan's legislation, focusing
on the issues of their accountability, the legal basis for holding them liable, the right to immunity granted to local
council deputies, the procedure for early termination of their powers, and other aspects requiring attention.
In addition, the article presents relevant conclusions and recommendations derived from the analysis of the issues
related to holding local council deputies accountable.
KEYWORDS
Deputy, local council deputies, accountability, liability regulations, right to immunity, authority, early termination.
INTRODUCTION
Local council deputies
play a crucial role in the system
of state governance based on the Constitution and
legislation of the Republic of Uzbekistan. Their
accountability is not only legal but also political and
social in nature. However, existing legal norms and
issues in their implementation pose obstacles to the
effective enforcement of local council deputies’
accountability.
Additionally,
the
efficiency
of
interaction between local councils and other state
bodies is also a significant factor in this process.
The accountability of local council deputies is of vital
importance in strengthening trust between society
and the state. This accountability aims to ensure social
justice, protect the interests of the population, and
enhance the effectiveness of state governance.
Research Article
RESPONSIBILITY OF LOCAL COUNCIL DEPUTIES AND ISSUES IN ITS
IMPLEMENTATION
Submission Date:
December 09, 2024,
Accepted Date:
December 14, 2024,
Published Date:
December 19, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue12-08
Avezov Dilshod Sadulayevich
Head of the Department of Continuing Education, Tashkent State University of Law, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 12-2024
51
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
50-54
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The President of the Republic of Uzbekistan, Shavkat
Mirziyoyev, in his speech at the first session of the
Senate of the Oliy Majlis on January 20, 2020, rightly
stated: “The most regrettable thing is that local
councils are barely utilizing their powers to solve
pressing issues in the regions. It is well known that,
particularly in the past three years, legal frameworks
have been established to strengthen the oversight
activities of local councils. Specifically, accountability
has been introduced for the heads of administrations,
deputies, prosecution, justice, internal affairs, finance,
tax, and healthcare authorities. Although the
legislation grants such broad powers to local councils,
their results are not evident in practice.
A register of tasks and functions of representative
bodies of local state authorities has been developed,
with the primary objective of systematizing,
monitoring, and creating a unified open electronic
information database about the tasks and functions of
these bodies.
Specifically, the formation and maintenance of the
register are carried out by an authorized div through
the use of information and communication
technologies via the “E
-
Kengash” portal
-an automated
online information system for representative bodies of
local state authorities (hereinafter referred to as the
electronic system).
Deputies must maintain close communication with the
population to address social issues within their
respective regions. They need to accurately identify
the needs of the people and propose relevant
initiatives.
Being a deputy means holding the trust of the people.
To uphold this trust, the rights and responsibilities of
the people’s representatives, as well as their immunity
and the fundamental guarantees of their activities, are
outlined in the laws. The Law “On
the Status of
Deputies of Regional, District, and City Councils of
People’s Deputies” defines the rights, responsibilities,
and primary guarantees of local council deputies.
These deputies have the right to be elected to and
serve on council committees, propose issues for
discussion in council sessions, provide opinions on
matters under review, submit proposals regarding
candidates for elected, appointed, or confirmed
positions, participate in debates, and make deputy
inquiries. Their duties are also clearly established in the
legislation.
The accountability of local council deputies plays a vital
role in strengthening trust between society and the
state. This accountability is aimed at ensuring social
justice, protecting the interests of the population, and
enhancing the efficiency of state governance.
In his analysis, A.B. Barikhin emphasizes the electoral
formation of local councils, their representation of the
population’s interests, and their authority to make
decisions on behalf of the public within local
jurisdictions. Legal scholar A. Mahmudov highlights
that deputies can be regarded as trusted
representatives of the people, while representative
bodies of local state authority are recognized as
institutions that primarily operate in the interest of the
population on behalf of the people.
Consequently, local state representative bodies and
their deputies must focus their activities on justifying
this trust and ensuring that their actions align with the
expectations and needs of the people they represent.
A deputy enjoys the right to immunity throughout their
term of office. Without the consent of the relevant
Council of People’s Deputies, a deputy cannot be
subjected to criminal prosecution, detention, arrest, or
Volume 04 Issue 12-2024
52
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
50-54
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
administrative penalties imposed through judicial
proceedings within the jurisdiction.
A deputy cannot be held liable for opinions expressed,
viewpoints stated, or actions taken while exercising
their official powers in the relevant Council of People’s
Deputies. This protection extends even after the
expiration of their term. However, if such actions
involve offenses such as insult, defamation, or other
violations for which liability is stipulated by law, the
deputy may be held accountable only if their immunity
is revoked.
As we know, a higher-ranking prosecutor may revoke a
submission made by a lower-ranking prosecutor
requesting consent to hold a deputy accountable.
The prosecutor's submission seeking consent to
prosecute, detain, arrest, or impose judicially
administered administrative penalties on a deputy is
reviewed by the relevant Council of People’s Deputies.
Accountability to voters has a significant impact on the
political reputation of deputies. This responsibility
encourages them to perform their duties with
diligence and integrity.
Thus, the accountability of local council deputies is not
only of legal but also social and political significance.
Their sense of responsibility is one of the key factors in
ensuring public welfare and advancing state
governance.
Local council deputies exercise their powers in
accordance with the Constitution of the Republic of
Uzbekistan, the Law “On Local State Authority,” and
other normative legal acts. Specifically, in cases and
procedures stipulated by law, the powers of people’s
deputies can be recognized, terminated prematurely,
or consent may be given to hold them accountable.
Currently, countries are striving for extensive
cooperation not only in the fields of politics and
economics but also in the improvement of their legal
systems by exchanging experiences. In our country,
during the years of independence, a significant amount
of experience has been accumulated, which is worthy
of being an example for many foreign nations.
However, studying foreign experience in each area
helps to address national-level problems in that field,
avoid repeating mistakes made in some countries, and
draw on methods and tools that have proven effective
in both traditional and foreign practices.
When analyzing the legislation of Turkey and France,
incorporating the analyses or opinions of scholars from
these countries can add additional value. Their insights
play a crucial role in shaping the understanding of local
council deputies' accountability. Examining the
experiences of Turkey and France regarding the
accountability of local council deputies is significant for
enhancing the practice in Uzbekistan.
In Turkey, local council deputies exercise their powers
based on the Law on Local Governments. The deputies
in Turkey are characterized by the following aspects:
•
Deputies are responsible for protecting the
interests of the population in their respective regions
and are required to submit regular reports.
•
Their activities are monitored by special bodies
and the public.
•
In cases of corruption or abuse of office, strict
accountability measures are outlined in the legislation.
This framework helps to ensure that deputies are held
accountable for their actions, contributing to a
transparent and effective governance system.
Volume 04 Issue 12-2024
53
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
50-54
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
In France, local councils operate based on the Law on
Communal Governance and Regional Cooperation. The
following characteristics are specific to them:
•
Deputies'
powers,
responsibilities,
and
limitations are clearly regulated by law.
•
A mechanism for swift action is in place for
addressing any legal violations.
•
Deputies are continuously accountable to their
voters and are responsible for justifying the trust
placed in them.
This legal framework ensures that local council
deputies in France are held to high standards of
accountability, which contributes to effective
governance and public trust.
The accountability of local council deputies in Turkey
and France is similar in several aspects, such as the
presence of accountability mechanisms and public
oversight, strict anti-corruption measures, and the
requirement for deputies to maintain close
communication with their voters.
According to I. Trofimova, in France, the main
directions of reforming local self-government do not
align with any particular political party ideology. The
reforms are primarily focused on decentralizing state
power and governance. They aim to establish a broad
collaboration between local government, business,
politics, and civil society at the local level, distributing
functions among these sectors. Researchers note that
these reforms are moving towards a distribution of
powers among these entities, enhancing cooperation
at the local level.
However, the key difference is that in France, the
powers of local council deputies are clearly defined,
and the accountability system is institutionalized. In
contrast, Turkey has a system where the activities of
deputies are closely monitored by both the public and
local government authorities.
In Japan, executive and representative powers at the
local level are separated and delegated to different
bodies. The executive power lies with the local
government, while the representative power belongs
to the local assembly. The local government is
responsible for implementing policies and managing
affairs within its jurisdiction, led by a chief executive
officer elected by the Assembly. The executive powers
of local government include managing public services
such as education, healthcare, transportation, and
public safety.
The lack of clear legal provisions creates difficulties in
defining the accountability of local council deputies.
Furthermore, there are no effective mechanisms to
monitor and evaluate their activities.
As we know, the distribution of tasks between the local
government and local councils is legally unclear.
Given these issues, we believe that it is necessary to
adopt clear provisions that define the accountability of
local council deputies. The accountability of local
council deputies, its legal foundation, and its
implementation are important aspects of the state
governance system in Uzbekistan. Studying the
experiences of Turkey and France offers valuable
lessons for improving legislation in this area.
To address current challenges, it is essential to improve
legislation and control mechanisms, and enhance voter
engagement. A systematic approach and cooperation
among all stakeholders are crucial. Strengthening
trustful relations between local councils and the public
should be an integral part of this process.
REFERENCES
Volume 04 Issue 12-2024
54
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
50-54
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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