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STUDY OF FOREIGN EXPERIENCE IN DEVELOPING SOCIAL PARTNERSHIP
Nishanbaeva E.Z.
Associate Professor of the Faculty of Social Sciences of UzMU
E-mail:
enahon235@gmail.com
https://doi.org/10.5281/zenodo.11355919
Abstract. This article analyzes social partnership, the role of foreign experience in the
development of social partnership, and its specific features.
Keywords: state, civil society, civil society institutions, social partnership, cooperation,
foreign experience.
ИЗУЧЕНИЕ ЗАРУБЕЖНОГО ОПЫТА РАЗВИТИЯ СОЦИАЛЬНОГО
ПАРТНЕРСТВА
Аннотация. В данной статье анализируется социальное партнерство, роль
зарубежного опыта в развитии социального партнерства, его особенности.
Ключевые слова: государство, гражданское общество, институты гражданского
общества, социальное партнерство, сотрудничество, зарубежный опыт.
INTRODUCTION
In the context of the deepening of today's globalization processes, the still existing
consequences of the world financial and economic crisis, and the growing spiritual and moral crisis
in society, a number of European countries are taking appropriate measures to develop a unified
state policy on cooperation with the non-governmental sector. In particular, the documents
defining the state policy on unifying the efforts and resources of the state and non-governmental
sector in solving current issues related to social, socio-economic, and humanitarian development
are gaining special importance. These documents, judging from their content, have two main goals.
Firstly, they are aimed at activating the participation of citizens in political life, and
secondly, at creating mechanisms of cooperation that can partially free the state from the burden
of providing certain services to the population. At this point, it should be noted that the importance
of establishing cooperation with civil society institutions is provided for in a number of
international documents. They emphasize the role of civil society institutions in the management
of state and community affairs, establish mutual cooperation through dialogue and consultation,
and introduce mechanisms for providing certain forms of state support . In particular, such
documents include the resolution of the Economic and Social Council of the UN in 1968, "White
Paper on Public Administration in Europe" (July 25, 2001), "Fundamental Principles on the Status
of Non-governmental Organisations in Europe" (April 16, 2003). [1].
LITERATURE ANALYSIS AND METHODOLOGY
In the developed countries of the world, targeted scientific research is being carried out to
solve the growing socio-political problems related to globalization processes using the mechanism
of social partnership. This article examines the role of foreign experience in the development of
social partnership, including international and national normative documents, including:
international agreements on human rights, the Law of the Republic of Uzbekistan "On Social
Partnership". It was based on the international experience of social partnership and public
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participation in state decision-making. Also, foreign (Model I.M., Model B.S.) and domestic
(Saidov A.Kh.) researches on the topic were analyzed.
Research methods: this article used historical, logical, systematic and comparative analysis.
RESULT AND DISCUSSION
Increasing the influence of social partnership relations on socio-political processes in
society, including strengthening mutual partnership relations of civil society institutions,
strengthening the role of state and non-governmental non-profit organizations in political
processes, in various aspects of social and political life (economy, politics, education, social
security, culture, etc. k.) issues of developing an effective mechanism of social partnership
relations, finding optimal ways and methods of applying it to all spheres of life are being
researched.
It is known from the experience of the developed countries USA, Europe, Japan, China and
South Korea that civil society and social partnership relations are also manifested through the
relations between employees and employers in the field of social work, which is formed with the
active participation of the state. According to A.Kh. Saidov, the term "Social partnership" is widely
used in international practice. In the field of economy, social partnership means a special type of
social relations aimed at ensuring the harmony and balance of the most important social and
economic interests of the main strata and groups of society, as well as a legal result of the
development of the market economy "[2]. In addition, social responsibility models and various
social standards have been developed in socially oriented European countries. In Japan and the
Republic of Korea, various social problems are being solved by announcing programs and grants
between government authorities and non-governmental non-profit organizations. In Austria, social
partnership is implemented through the branches of advisory councils and committees, national
and sectoral equality commissions[3]. The model of the tripartite agreement is defined by
International Labor Organization (ILO) Convention No. 144 [4].
According to most Western experts working in the fields of sociology, jurisprudence and
political science, non-governmental organizations (in English "non-governmental organizations"
(NGO), in Russian " неправительственные организации " (НПО)) are the main institutions of
civil society. There are different views on the concept of non-governmental organization. Although
a number of international documents contain provisions on its content and main aspects, there is
no general normative definition of it. On the official website of the UN, a non-governmental
organization is defined as "any voluntary non-profit association of citizens organized at the local,
state or international level." In the Basic Principles of the Status of Non-Governmental
Organizations in Europe (2003), adopted by the decision of the Committee of Ministers of the
Council of Europe, it is said that a non-governmental organization is essentially a self-governing
voluntary organization.
Non-governmental non-profit organizations and other institutions of civil society are
involved in the development of socio-economic development programs, normative legal
documents and their implementation, in the activities of working groups and commissions under
state bodies, in the conclusion of agreements or contracts on social partnership, joint projects with
other parties to this partnership and participates in processes such as development and
implementation. The state provides non-governmental non-profit organizations and other
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institutions of civil society in the process of social partnership with property, information, advice,
organization, educational and methodological support. For example, these organizations, which
carry out activities in the field of social partnership, are temporarily given state property on the
basis of a contract for free or preferential conditions for use only for the intended purpose.
Privileges for the payment of taxes and other mandatory payments are provided to legal or
natural persons providing material support to non-governmental non-profit organizations and other
institutions of civil society. Also, providing state subsidies, grants and social orders to non-
governmental non-commercial organizations and other institutions of civil society, as well as
financing activities related to social partnership, are also types of state support for the development
of social partnership. With the rights of the subjects of social partnership provided for in the Law
"On Social Partnership" , such as receiving and exchanging information, participating in the
preparation and discussion of contracts, programs and drafts of decisions of state bodies,
conducting negotiations, monitoring the implementation of contracts, programs and decisions of
state bodies at the same time, it includes the following obligations, that is, compliance with legal
documents, ensuring the openness and transparency of its activities, implementation of programs
and projects, and others [5]. That is why today social partnership relations are widely used between
state authorities and administrative bodies, civil society institutions.
The development of cooperation between non-governmental non-profit organizations and
the state is the origin of social partnership, in which the parties combine efforts to develop the
welfare of the state and citizens, and in situations where the state is difficult for itself or cannot be
managed without the broad support of active layers of the population united in non-governmental
non-profit organizations, giving way to the third sector and providing the right to solve some social
problems. In particular, when the financing mechanisms of non-governmental non-profit
organizations are being developed, and first of all, the action carried out by expanding the use of
subsidies and increasing the mechanisms of state orders for financing NGO activities is considered
one of the most effective ways. This is the most widely accepted and tested method in world
practice, as well as in Uzbekistan.
In this way, the cooperation of state bodies and non-governmental non-profit organizations
serves as an important factor in the development of the state and society, as well as increasing the
social activity of citizens. Therefore, the expansion of the system of non-governmental non-profit
organizations, the opening of new areas of their activity indicates the strengthening of the human
rights protection system in our country. At this point, paying attention to foreign experience allows
to understand the content of the reforms being carried out in our country in this regard. For
example, the main positive areas of local contracts for the third sector in England are as follows:
- benefit for local community (development of services based on community needs);
- performance of organizational tasks (striving towards the goals set by the organization);
- strengthening partnership relations (close cooperation with local government bodies);
- more effective use of external financing;
-participation of local organizations in decision-making and planning at the community
level.
In England, since July 2001, a program on the conclusion of local agreements on special
cooperation was announced, which encouraged the social partners at the local level to assist in
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negotiations. By the end of 2002, progress had been made in developing local co-operation
agreements in 388 local authorities in England[6]. From this point of view, at the current stage of
our country's development, the strengthening of the role of non-governmental organizations
(NGOs) and other civil institutions remains a decisive factor in achieving the goals set for the
democratization of our country, the formation of civil society and joining the world community.
Currently, a set of social cooperation mechanisms between the state and NGOs is being
formed in our country. Ways of state and non-state sector cooperation are being sought, in
particular, a stable trend towards cooperation has appeared. This trend is observed in Uzbekistan,
work is underway to improve the regulatory framework for the legal regulation of relations in this
field.
In the legislation and practice of foreign countries, several types of non-governmental
organizations, organizational and legal forms are distinguished. However, there are common
aspects that unite them, which is clearly visible in the fact that they do not make profit as their
main goal, and do not distribute the profit among their participants (members).
We can see that the position and status of non-governmental non-profit organizations and
other institutions of civil society in society is growing more and more in the following:
- helps citizens to exercise their right to mutual association and association on the basis of
the Constitution;
- expresses the social interests and interests of different groups and strata of the population;
- it is an important means of increasing the social and political activity of citizens,
improving their legal and political culture.
Non-governmental non-commercial organizations (NGOs) play an important role in
reforms aimed at establishing an open civil society and ensuring the protection of human rights
and freedoms. Currently, more than 9,000 NGOs, 29 branches and representative offices of
international and foreign non-governmental organizations are operating in our country [7]. From
this point of view, improving the activities of non-governmental non-profit organizations and other
institutions of civil society in Uzbekistan, strengthening democratic values in people's minds,
strengthening their role and influence in the modernization and reform of the country, ensuring
their real independence, in our opinion, requires paying attention to the following.
First, it should not be forgotten that the influence of non-governmental non-profit
organizations and other institutions of civil society in the further development of the democratic
legal state and civil society depends on the interaction of these organizations with the state power
and local self-government bodies.
Secondly, one of the problems of non-governmental non-profit organizations and other
institutions of civil society is the insufficient level of interaction between the state and non-
governmental organizations.
Thirdly, the lack of sufficient positive democratic experience slows down the development
of civil society, as in non-governmental non-profit organizations and other institutions of civil
society. A positive solution to these issues will pave the way for the further development of the
activities of non-governmental non-profit organizations and other institutions of civil society, to
further strengthen their importance in forming the foundations of civil society.
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In our opinion, in order to eliminate the problems in this direction, it would be appropriate
to improve the qualifications of the personnel working in the NGO, to develop special training
programs, and on the basis of these actions, to develop the "Strategy for the development of the
civil sector of the Republic of Uzbekistan for 2024-2029". Because , as defined in the Law "On
Social Partnership", it can be implemented in the following areas: social protection, support of the
population and increase of its social activity; ensuring the employment of the population,
developing small business and private entrepreneurship, farming; to protect the environment, the
health of the population and decide on a healthy lifestyle; formation of a mature and healthy young
generation in all respects, providing education to young people, educating them spiritually and
morally and directing them to the profession; protecting motherhood and childhood, as well as the
rights of women, ensuring their full participation in the socio-political, socio-economic, cultural
life of the country, forming a healthy family; development of science, education, information,
culture and sports; to increase the legal knowledge, legal consciousness and legal culture of the
population, to strengthen the foundations of civil society and the democratic legal state;
strengthening the ideas of inter-ethnic, inter-cultural harmony and civil harmony, restoration and
preservation of centuries-old, traditional spiritual-ethical and historical-cultural values; consumer
protection. Social partnership can also be implemented in other areas in accordance with the
legislation ”[8].
Today, non-governmental non-commercial organizations are gaining importance in the
formation of a modern civil society in Uzbekistan, the establishment of the principles of
democracy, and the protection of the rights and freedoms of citizens. Their contribution to solving
national and regional tasks related to social cohesion, economic development and social protection
of the population is becoming more and more significant.
The concept of non-governmental organization is not disclosed in our national legislation,
instead the concept of non-governmental non-profit organization (NGO) is used. It is close in
content to the concept of non-governmental organization, but somewhat narrower in scope.
Because in our country there are a number of other non-governmental organizations that are
considered civil society institutions. For example, citizens' self-government bodies, private
housing owners' associations, advocacy organizations, etc. [9].
In Uzbekistan, non-governmental non-profit organizations and other institutions of civil
society were created not by chance, but on the basis of the objective demands and needs that arose
in the course of the development of society, and are developing and improving year by year. They
first appear on the basis of the needs and interests of the society to ensure its self-management and
existence as an independent social unit. These organizations and other institutions of civil society
are created on the basis of voluntary association without receiving funds from the state, relying on
the activity of citizens, young people, intellectual creators. However, they may initially be funded
by the state. They do not aim to fight for power, but cooperate with the government in stabilizing
the state's activities, improving the interests of citizens, in particular, improving their material
conditions, ensuring the rights to rest, health recovery, and a number of other social problems.
Also, the authorities are trying to cooperate with non-governmental, non-profit and public
organizations, as the main principle of their activity is not to fight for power, to organize citizens,
to achieve sustainable development in society and to improve their material conditions.
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The strengthening of the main principles of non-governmental non-commercial
organizations and their activities in the Constitution of the Republic of Uzbekistan opened a wide
way for the formation and development of these organizations. At the current stage of reforms, the
adoption of the Law "On Social Partnership"[10] is of great importance in raising their activity to
a new level. The law reflects its goals and tasks, subjects, main directions and principles of social
partnership, the main directions of the state policy in the field of social partnership, its financial
basis, rights and obligations of the parties, issues of participation in the field of social partnership.
At the same time, effective legal mechanisms of social partnership, forms of cooperation
of NGOs with state authorities and management bodies have been strengthened in the law. That
is, creating commissions on social partnership, exchanging information on socially important
issues between the subjects of social partnership, mutual consultation and negotiations on social
and economic development issues, joint development, implementation and support of social and
economic development programs, their implementation it is noteworthy that control mechanisms
have been determined.
Social partnership plays an important role in the implementation of urgent projects. In the
past period in our country, special attention was paid to the rapid formation of various civil society
institutions, non-governmental non-profit organizations, which support the interests of the broad
segments of the population, and large-scale efforts were made in this regard. In particular, the fact
that the main principles of the activities of non-governmental non-commercial organizations were
strengthened in our Constitution and a number of laws made it possible to create favorable
conditions for their consistent development.
Public fund for support of non-governmental non-profit organizations and other institutions
of civil society under the Oliy Majlis of the Republic of Uzbekistan, established on the basis of the
Joint Resolution of the Council of the Legislative Chamber of the Oliy Majlis of the Republic of
Uzbekistan and the Council of the Senate of the Oliy Majlis of the Republic of Uzbekistan dated
July 10, 2008 No. 843-I/515-I The activities of the Parliamentary Commission on Fund
Management (hereinafter referred to as the Parliamentary Commission) are carried out in
accordance with Article 87 of the Constitution of the Republic of Uzbekistan[11].
It should be noted here that sometimes when talking about the number of civil society
institutions in Uzbekistan, they are confused with NGOs. For this, first of all, it is necessary to
have a correct understanding of civil society, its institutions, and the role of non-governmental
non-profit organizations in it. By the way, all NGOs are civil society institutions, but it is necessary
to follow the rule that not all civil society institutions are NGOs. Theoretically, civil society
institutions are diverse. If we compare national NGOs with the concept of non-governmental
organizations in the West, then more than 130,000 primary organizations of NGOs can also be
recognized as non-governmental organizations. In addition, in our country, which is considered an
institution of civil society, there are several private housing owners' associations, citizens' self-
management bodies, and non-state educational institutions. From this point of view, as a result of
the legal, organizational-institutional, economic and social measures taken by the state for the
development of civil society, the "third sector" is steadily developing in our country. In turn, this
sector closely supports state bodies in realizing the potential of citizens, increasing their social,
political, and economic activity and improving their legal culture.
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At the present time, it is important to further expand the scope of state support for projects
and programs of non-governmental non-profit organizations and other institutions of civil society
at the level of our country in solving local problems. At the same time, together with various levels
of local government bodies, to implement joint plans, programs and other activities aimed at
solving the urgent problems of the population in need of social assistance, first of all, young people,
women, and the elderly, motherhood and childhood protection, family institution orientation to the
implementation of complex practical measures that help to strengthen and raise a healthy and
mature generation is considered one of the urgent issues.
The activity of the parliamentary commission allows to ensure more open, transparent,
well-directed and, most importantly, democratic distribution of financial resources allocated from
the state budget for the support of NGOs and other institutions of civil society. This has an effective
effect on strengthening the organizational, technical and economic basis of the activity of non-
governmental non-commercial organizations. For example, it is noteworthy that competitions
aimed at developing the creative and intellectual potential of young people living in remote areas
of our country, increasing the interest of children, especially girls, in physical education and sports,
and widely promoting a healthy lifestyle among the population and families are noteworthy.
Implementation of work in this regard on the basis of social partnership is an important factor in
achieving the intended goal. From this point of view, it is necessary to carry out socio-economic
development programs of the regions on the basis of the development of social partnership
between civil society institutions and state structures, to improve the standard of living of citizens,
to promote entrepreneurship, to provide assistance to the segments of the population in need of
social protection, to support them and NGOs in the improvement of cities, neighborhoods and
streets. special attention was paid to contests aimed at increasing activity, protecting the
environment and strengthening children's health.
Non-governmental non-profit organizations are playing an important creative role in the
formation of modern civil society in Uzbekistan, in the establishment of democracy, and in the
protection of the rights and freedoms of citizens. Their contribution to solving national and
regional tasks related to economic development and social protection of the population is
becoming more and more significant. Also, the Concept paid special attention to the personal,
political, socio-economic and cultural rights of a person.
It is known from history that the state can develop successfully only when there is mutual
partnership between the state and the society. Without taking this into account, the necessary
procedure for fundamental democratic changes cannot be established. In other words, the
democratic, legal, social, secular state and the active part of the population should be unanimous
and act in a single direction on the basis of mutual partnership. This ensures that citizens' opinions
are taken into account in the policies conducted by the state.
Today, the experience of many developed countries shows that non-governmental non-
commercial organizations actively participate in the social life of the society, defining the field of
human rights protection as the main direction of their activity. As a result of efforts in this regard,
civil society institutions, non-governmental non-profit organizations in our country have become
an important factor in the protection of democratic values, human rights and freedoms, as well as
legal interests, and conditions for citizens to realize their potential, to increase their social, socio-
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economic activity and legal culture. is creating. Most importantly, civil society institutions are
emerging as an influential force in ensuring the balance of interests in society. In fact, today in our
country, citizens' self-government bodies are operating on the basis of mutual social partnership
with state authorities.
The main principles of social partnership that regulate the activities of non-governmental
non-profit organizations and other institutions of civil society consist of obedience to the law,
equal rights, openness and transparency, universality, independence, impartiality, mutual respect,
consideration of interests and responsibility, voluntariness and accountability of accepting
obligations. This system is primarily aimed at social protection and support of the population,
increasing their social activity, providing employment, developing small business and private
entrepreneurship, farming, protecting the environment, and protecting people's health. is carried
out in areas such as healthy lifestyle decisions. In addition, it looks at issues related to the
development of science, education, information, culture, sports, raising the legal culture of the
population, strengthening the ideas of interethnic harmony and civil harmony, and protecting the
rights of consumers.
The purpose of state support for non-governmental organizations and other public
structures is to create a new model of social policy for such structures in our republic, to establish
active cooperation with these structures, to involve them in solving socially important problems,
to provide them with information, advice, methodological, organizational - technical assistance,
as well as acceleration of the activity of these structures through state social orders. The following
tasks arise in the implementation of the above goal:
improvement of the system of cooperation between state bodies and non-governmental
non-commercial organizations and other public structures;
creating conditions for the development of civil initiative;
financing of social programs of non-governmental non-profit organizations and other
public structures through state social orders;
creation of advisory councils on the cooperation of state bodies and non-governmental non-
profit organizations and other public structures;
conducting joint scientific, practical, international events; providing public structures with
information;
improvement of the registration system of public structures; formation of the management
system of public structures and assistance in improving the qualifications of personnel, etc. [12].
CONCLUSION
In conclusion, it should be emphasized that today the role of non-governmental non-profit
organizations and other institutions of civil society in the life of society is expanding, and their
role in socio-economic relations is deepening. In addition to this, improving the organizational and
legal mechanisms of citizens' participation in the establishment of a democratic-legal state and a
strong civil society is gaining urgent importance. In particular, it is required to strengthen the
transparency and effectiveness of the activities of state authorities and administrative bodies, as
well as the legal basis for the participation of civil institutions in the processes of making and
implementing political decisions. In such conditions, there is a need to create a special way of
interaction between civil society institutions and the state and to organize their effective activities.
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Because it is impossible to democratize the society without protecting and actually ensuring the
basic rights and freedoms of a person. The goal of the reforms implemented in our republic is to
liberate public life, establish a legal state and civil society, and prepare the ground for
strengthening the democratic foundations of social life. Strengthening the role and importance of
non-governmental and public organizations in this process is one of the important conditions for
the formation of civil society and strengthening of social partnership relations.
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