Scientific research results in pandemic conditions (COVID-19)
83
3.
Dzhumagulov I.K. Interspecific hybridization of camels. «Kaynar»
Publishing House, Alma-ata, 1969.
4.
Eshmuratova S.T. «Tuya suti» (Camel Milk), J. Agriculture of
Uzbekistan, Tashkent, â 3, 2006, pages 25-26.
5.
Jumagulov I. Kulieva V.A. «Otkorm verblyudov arvana» Journal of
agricultural economy of Turkmenistan, 1980, 4. 19-20.
6.
MusakaraevT, Saparov K. âThe state and prospects of camel breedingâ
Journal of Agriculture of Turkmenistan, 1986, No. 6, pp. 21-22.
7.
Sokratyants Yu.S., Toshev K.I., Atakurbanov F.I. The state of camel
breeding in Uzbekistan. Materials of the international scientific and practical
conference "Problems of grazing and desert ecology." Samarkand, 2000.
Sabohat Sultanova, doctoral student, Tashkent State University of Law,
Uzbekistan
THE ESSENCE OF NEW APPROACHES IN THE LAWMAKING ACTIVITY OF
THE REPUBLIC OF UZBEKISTAN
Sultanova S.
Abstract: This article provides a brief overview of the concept of âsmart
regulationâ used in the lawmaking of many developed countries to improve
the quality of legislation. The essence of the Concept of improving
lawmaking activity adopted in the Republic of Uzbekistan to improve the
efficiency of legislation is revealed.
Legal acts adopted in any country certainly create a legal framework for
various spheres of public life. However, domestic and international law
enforcement practice shows that normative fixing of certain requirements
is not enough. The most crucial point is for legislation to be effective.
It is in order to make legal acts effective in the 1980-1990s. in Western
countries, the concept of âevidence-based lawmakingâ was launched. This
idea was to overcome the traditional âtheoretical and legal approachâ to
legislative activity, in which âthe differences between legal norms,
legislation, on the one hand, and social reality, on the other, are ignored, and
there is no reaction to impulses from social problemsâ [1, Ñ.132].
The concept of âevidence-based lawmakingâ is in turn based on
âevidence-based evaluationâ. Researchers believe that the idea of the need
to assess state regulation developed in connection with what happened in
the economically developed countries of the West in the 1980-1990s. public
Scientific research results in pandemic conditions (COVID-19)
84
administration reforms that were based on the concept of âNew Public
Managementâ [2, Ñ. 128].
The regulatory impact assessment migrated from the idea of âreducing
regulationâ to the idea of âimproving regulationâ [3, p.137]. The idea of
"better regulation" in turn gave rise to the concept of "smart regulation". The
Republic of Uzbekistan also expressed a desire to improve its lawmaking
process by applying the concept of âsmart regulationâ in it. So, by the Decree
of the President of the Republic of Uzbekistan of 08.08.2018. No. UP â 5505
The concept of improving lawmaking activity was approved [4].
In particular, it provides for the following tasks:
1.
Systematization and codification of legal acts, review of inactive
legislative acts.
2.
Limitation of the lawmaking powers of government agencies by
clearly defining the list of jurisdictions of each of them.
3.
Improving the procedure for initiating, developing and adopting legal
acts, as well as monitoring their implementation.
4.
Implementation of âsmart regulationâ mechanisms:
- the principle of the sufficiency of grounds for making regulatory
decisions, according to which regulatory intervention of the state is allowed
only if other measures (administrative procedures, managerial decisions,
judicial review) cannot solve the corresponding problem;
- regulatory impact assessment of projects (including analysis of the
problem, ways to solve it, impact on competition, forecasting and assessing
the possible consequences of introducing new tools and regulation,
including the analysis of benefits and costs for citizens, businesses, the state
budget) and existing legal acts;
- conducting anti-corruption expertise of legal acts and their projects as
an integral element of the regulatory impact assessment of legal acts;
- limitation of the duration of complicating procedures;
- adoption of direct laws;
- assessment system of lawmaking of departments, depending on the
quality of projects of laws and regulations being developed, as well as the
benefits and costs incurred by citizens and business entities as a result of
inefficient regulation;
- increasing the level of influence of public discussions on the lawmaking
process.
5. Details of appeal procedures and requirements for the repeal of a legal
act by citizens, business entities, and government agencies.
6. Development of an electronic lawmaking system.
7. Definition of a single coordinating organization for the interaction of
government agencies, the scientific community and non-state structures, as
well as the development of a methodology for regulatory impact assessment
Scientific research results in pandemic conditions (COVID-19)
85
of legal acts on business and rights, freedoms and legitimate interests of
citizens.
8. Ensuring transparency and accountability of the process of
parliamentary discussions on draft laws.
9. Improving the interagency information exchange of the results of
statistical accounting and analysis of judicial, law enforcement and
supervisory practice.
10. Improving the system of advanced training for employees of
government agencies that carry out legal, economic, financial,
environmental, anti-corruption and other types of examination of draft legal
acts.
To date, specific measures are being taken to implement this Concept.
For example, in order to systematize the legislation and reduce legal
regulation from July 1, 2020 to January 1, 2021, the adoption of
departmental legal acts was suspended.
Development, approval, adoption, conduct of legal expertise and state
registration of draft departmental legal acts are carried out through the
Unified Electronic System from July 1, 2020 - in test mode, and from October
1, 2020 - completely [5].
Of course, the most important element of the âsmart regulationâ concept
is the regulatory impact assessment (RIA) of legal acts. RIA is a socio-
economic study aimed at identifying the feasibility of introducing certain
regulatory measures, legal acts. For example, in the USA, Canada, Great
Britain, Australia, Austria, Germany, France and other countries of the
Organization for Economic Co-operation and Development, the need to
prepare a report on the regulatory impact assessment of a draft decision of
government agencies submitted to parliament or government is
normatively fixed.
In particular, the RIA procedure in the United States is transparent,
since evaluation reports are published in the Federal Register both at the
stage of developing a legal act and after the completion of the RIA procedure.
Meanwhile, stakeholders have the opportunity to submit their comments
and suggestions on published assessment documents, and the government
agency is required to respond to them. Moreover, the designing authority
should indicate to what extent stakeholders' comments have been taken into
account. A report on the benefits and costs of federal law is published
annually in the United States [6].
Starting from January 1, 2015, in the Republic of Uzbekistan, on the
basis of a government decree [7], draft legal acts in the business sector are
published on the website www.regulation.uz for discussion and assessment
of their impact. Suggestions of discussion participants must be considered
Scientific research results in pandemic conditions (COVID-19)
86
by developers. Now the draft law on the application of regulatory impact
assessment in other areas is being discussed.
Thus, we believe that the decision to improve the lawmaking process by
applying the concept of âsmart regulationâ in the country, taking into
account the best foreign experience, is justified as this will help to reduce
the administrative burden and the adoption of effective and necessary
regulations for society.
References:
1. Mader L. European experience in the field of law assessment - from
normative idealism to legislation based on obvious circumstances //
Priority national projects and tasks of improving Russian legislation. - M.,
2007.- P. 132-151.
2. Minaev A.V. Regulatory impact assessment: current status and
development prospects in Russia // Bulletin of RUPF University, Sociology
series, 2011, No. 4.
3.Tsygankov D.B. Implementation of regulatory impact assessment in
Russia - on the way to smart regulation? // Colloquium "Evaluation of
programs and policies: methodology and application." Collection of
materials. Vol. V. - M., 2010.
4.National database of legislation -
5.National database of legislation -
6.OECD. Sustainability in Impact Assessments. A Review of Impact
Assessment Systems in selected OECD countries and the European
Commission.
[electronic
resource].URL
7.National database of legislation -
