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Bekzod Narimonov, Senior Lecturer, Tashkent State University of Law
THE PROSPECTS OF IMPROVING THE ORGANIZATIONAL-LEGAL
FRAMEWORK OF NON-GOVERNMENTAL NON-PROFIT ORGANIZATIONS IN
UZBEKISTAN
B. Narimonov
Abstract: In this thesis the concept of non-governmental non-profit
organizations in Uzbekistan, their characteristics, development trends and
prospects of improvement of the organizational-legal framework of NGOs
are discussed.
Key words: non-governmental non-profit organization, public
association, non-profit organization, state registration, notification,
accreditation.
According to Article 58 of the Constitution of the Republic of Uzbekistan,
the state shall safeguard the rights and lawful interests of public associations
and provide them with equal legal possibilities for participating in public
life.
In order to gradually implement the tasks set out in the Actions Strategy
for the five priority areas of development of the Republic of Uzbekistan for
2017-2021 [1], modern mechanisms of effective cooperation of government
bodies with civil society institutions are consistently being improved.
In 1991, the number of NGOs in Uzbekistan was 100, while in 2000 it
was about 2,000. In 2015, there were 8,219 NGOs, and as of January 1, 2020,
there were 10,504 registered NGOs [2]. If we look at the legal framework for
NGOs, by the year 2020 more than 200 normative and legal acts in this area
have been adopted.
Although the term NGO is used in the legislation of many countries, in
most cases their constitutions use the term public association instead. Also,
most countries do not have a specific legal definition of NGOs.
The institution of ânon-governmental non-profit organizationsâ
established by the legislation of the Republic of Uzbekistan is defined in the
legislation of most developed countries as ânon-profit organizationsâ.
According to Sh. Nazarov, any public organization is an organizational
unit based on social and, above all, legal norms. Public organizations are
consciously structured as an institution with a set of internal organizational
relations and a whole set of organizational methods necessary to influence
social reality in a purposeful way. [3; p.21]
According to Sh.Yakubov, most Western experts in the fields of
sociology, jurisprudence and political science believe that non-
governmental organizations (NGOs) in English and non-governmental
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organizations (NPOs) in Russian are the main institutions of civil society. [4;
p. 24]
While the UN defines a non-governmental organization as a âvoluntary
non-profit association of citizens at the state or international levelâ, the
Council of Europe defines a non-governmental organization as âa voluntary
organization based on self-governmentâ. [5; p.17]
In Uzbekistan, we can see a number of problems with the organizational
and legal framework of non-governmental non-profit organizations.
Due to the fact that the legislation does not fully define the relationship
between non-governmental non-profit organizations and non-profit
organizations without state participation, it is necessary to improve the
organizational and legal forms of civil society institutions.
Article 40 of the Civil Code of the Republic of Uzbekistan [6;] states that
a legal entity that is not a commercial organization may be established in the
form of a public association, public fund and institution financed by the
owner, as well as in other forms provided by law.
Article 77 of this Code stipulates that commercial organizations may
unite in associations (unions) and other associations that are non-profit
organizations in order to coordinate their business activities, as well as to
represent and protect common property interests, and non-profit
organizations may form associations in the form of associations (unions) to
coordinate their activities and for the purpose of protection and promotion
of common interests.
If we pay attention to these norms, the associations of commercial
organizations and non-profit organizations are listed separately. In practice,
associations of both commercial organizations and non-profit organizations
are carried out by separate bodies on the basis of separate regulations.
Article 37 of the Law of the Republic of Uzbekistan "On Public Funds"
[7] stipulates that the liquidation of the fund is carried out by a court
decision on the basis of an application of interested parties.
In accordance with the Regulations on the procedure for liquidation of
non-governmental non-profit organizations approved by the Cabinet of
Ministers on January 15, 2015 No. 5 [8;], voluntary liquidation of public
funds is carried out on the basis of the application of the interested person,
according to the decision of the court, in the manner and within the time
specified in the relevant paragraphs of Section 2 of this Regulation.
However, the legislation, in particular the Code of Civil Procedure and
the Code of Economic Procedure of the Republic of Uzbekistan, does not
provide for judicial bodies to consider the issue of voluntary liquidation of
public funds.
As a result, in practice, the issue of voluntary liquidation of public funds
is considered by both civil and economic courts.
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In some cases, these two courts, based on the relevant procedural codes,
ruled that the case of voluntary liquidation of public funds was not within
their competence and dismissed the case.
In order to improve the organizational and legal framework of non-
governmental non-profit organizations in Uzbekistan, the following are
proposed:
First, it is expedient to develop criteria and methodologies for
evaluating the activities of NGOs, taking into account their contribution to
the solution of socio-economic problems and the development of society.
Second, it is necessary to eliminate redundant administrative
procedures for the establishment and operation of civil society institutions
by introducing a complete electronic system of public services in the field
and by unification of the legislation governing their activities to make it
directly applicable.
Third, it is necessary to establish liability for obstruction or interference
with the lawful activities of civil society institutions.
Fourth, it is expedient to further simplify the procedure of the
registration of civil society institutions and the receipt of funds from foreign
sources.
Fifth, the introduction of the principle of notification of state
registration of trade unions will be the basis for the gradual liberalization of
state registration of non-governmental non-profit organizations.
Sixth, it is expedient to stipulate in the Code of Civil Procedure of the
Republic of Uzbekistan that consideration of the issue of voluntary
liquidation of public funds is carried out by the civil courts of the relevant
territory.
Seventh, it is necessary to expand the practice of sectoral and regional
financing of civil society institutions by maintaining the current system of
coordination by the Parliamentary Commission on Management of the
Public Fund for Support of NGOs and Other Civil Society Institutions under
the Oliy Majlis of the Republic of Uzbekistan.
References:
1. National database of legislation, 18.01.2019, â06/19/5635/2502;
2. Official website of the Ministry of Justice of the Republic of
Uzbekistan: open data / https://www.minjust.uz/uz/about/statistics/
3. Sh.Nazarov. Constitution and public associations. / Editor-in-Chief,
Doctor of Law, Professor A.Kh. Saidov. âTashkent: TSIL, 2012. p.30.
4. Sh. Yakubov. Legal mechanisms of cooperation between the state and
civil society institutions / Monograph. - T .: LESSON PRESS Publishing
House, 2018, p 206.
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5. Borjelli N. Cooperation between the state and civil society //
International experience on social partnership and public participation in
public decision-making. National Center for Human Rights of the Republic of
Uzbekistan, Center for the Study of Legal Issues. - T., ART FLEX, -2012.
6.Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 1999, No. 5,
Article 115.
7. Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 2003, No. 9-
10, Article 141.
8. Resolution of the Cabinet of Ministers of the Republic of Uzbekistan
dated March 10, 2014 No 57. National database of
Farangiz Zaynobiddinova, PhD doctoral student, University of World
Economy and Diplomacy, Uzbekistan.
ECONOMY AND INVESTMENT ACTIVITY IN THE CONTEXT OF A PANDEMIC:
PROBLEMS AND PRACTICAL PROPOSALS
F. Zaynobiddinova
Abstract: This article analyzes the impact of the COVID-19 pandemic on
the economy and investment activities of counties based on expert opinions,
reports and forecasts of international organizations as well as statistical
data. It was also observed the problems caused by the coronavirus and the
measures taken in our country to eliminate them along with the practice of
foreign countries in this condition. In addition, a number of proposals and
recommendations were presented in the scientific work so as to avoid the
negative consequences of the coronavirus pandemic and increasing
economic activity, ensuring the stability of the investment climate as well.
Keywords: Business environment, COVID-19, export potential,
economy, foreign trade, investment activity, online negotiations, pandemic.
Introduction. COVID-19 which today threatens the entire world, has had
a dramatic impact on the social, cultural, political and economic aspects of
human life. The coronavirus, which was first registered at the end of 2019, a
few months later immediately became the cause of disruption of trade and
industrial chains between China and other countries. As a result, the world
economy suffered huge losses. According to experts: âThe sudden and rapid
outbreak of the new coronavirus epidemic in the world has become a
catalyst for major changes in the economic, political and social spheres in
most countries on our planet. The problems that have arisen have developed
rapidly, and issues of effective use of available resources and technological
