Жамият ва инновациялар –
Общество и инновации –
Society and innovations
Journal home page:
https://inscience.uz/index.php/socinov/index
Issues of state support for non-governmental non-profit
organizations in Uzbekistan
Bekzod NARIMANOV
1
, Aycholpan DUISHEEVA
2
Tashkent State Law University
Kyrgyz-Russian Slavic University
ARTICLE INFO
ABSTRACT
Article history:
Received June 2021
Received in revised form
20 June 2021
Accepted 25 July 2021
Available online
25 August 2021
This article examines the legal mechanisms of state support
for NGOs on the basis of new trends, such as the recognition of
NGOs as socially useful, social entrepreneurship, social
partnership, based on foreign experience and scientific and
theoretical views of scientists. As a result of the study, proposals
will be put forward to support non-governmental non-profit
organizations and social partnership in Uzbekistan.
2181-1415/© 2021 in Science LLC.
This is an open access article under the Attribution 4.0 International
(CC BY 4.0) license (https://creativecommons.org/licenses/by/4.0/deed.ru)
Keywords:
NGO,
public control,
social entrepreneurship,
socially beneficial status,
tax benefits,
social partnership.
Ўзбекистонда нодавлат нотижорат ташкилотларини давлат
томонидан қўллаб-қувватлаш масалалари
АННОТАЦИЯ
Калит сўзлар:
ННТ,
жамоатчилик назорати,
ижтимоий тадбиркорлик,
ижтимоий фойдали ҳолат,
солиқ имтиёзлари,
ижтимоий шериклик.
Ушбу
мақолада
ННТларни
ижтимоий
фойдали,
ижтимоий тадбиркорлик, ижтимоий шериклик сифатида
эътироф этиш каби янги тенденцияларга асосланган ННТ-
ларни қўллаб-қувватлашнинг ҳуқуқий механизмлари,
хорижий тажриба ва олимларнинг илмий-назарий қараш-
лари асосида ўрганилган. Тадқиқот натижалари асосида
Ўзбекистонда нодавлат нотижорат ташкилотларини ва
ижтимоий шерикликни қўллаб-қувватлаш бўйича таклиф-
лар ўртага ташланган.
1
PhD in Law, Tashkent State Law University, Tashkent, Uzbekistan.
E-mail: narimаnovbekzod84@gmail.com.
2
PhD in Law, Kyrgyz-Russian Slavic University, Byshkek, Kyrgyz Republic.
E-mail: aycholpanduisheeva@gmail.com.
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Вопросы государственной поддержки негосударственных
неправительственных некоммерческих организаций в
Узбекистане
АННОТАЦИЯ
Ключевые слова:
ННО,
общественный контроль,
социальное
предпринимательство,
социально-выгодный
статус,
налоговые льготы,
социальное партнерство.
В данной статье рассматриваются правовые механизмы
государственной поддержки ННО на основе новых
тенденций, таких как признание ННО общественно
полезными, социальное предпринимательство, социальное
партнерство, основанные на зарубежном опыте и научно-
теоретических взглядах ученых. По итогам исследования
будут
выдвинуты
предложения
по
поддержке
негосударственных
некоммерческих
организаций
и
социального партнерства в Узбекистане.
In international practice, the implementation of social partnership between non-
governmental organizations and government agencies has been identified as one of the
main priorities in the formation of civil society in general and the effectiveness of its
institutions.
It is no coincidence that in his Address to the Parliament on January 20, 2020, the
President said that “in order to increase the practical effectiveness of reforms, to promote
new initiatives on the ground, we must make our people more active and proactive”.
In our opinion, the following goals can be achieved in Uzbekistan through state
support of non-governmental non-profit organizations and improvement of legal
mechanisms of social partnership:
−
implementation of socially useful projects such as poverty reduction, job creation,
human rights;
−
Improving the position of our country in prestigious international rankings
through the development of the institute of “people’s diplomacy”;
−
Improving a strong public oversight mechanism by NGOs using effective and
efficient forms of control, such as “public hearings”, “public expertise”, and “public
monitoring”;
−
Implementation of the principle of "Society - the initiator of reforms" through the
active participation of non-governmental non-profit organizations in the development and
discussion of draft regulations.
We will try to focus on strategic issues, as the legal mechanism for supporting non-
governmental non-profit organizations in our country is described in detail in paragraph
1.3 on a historical step-by-step basis.
In covering this paragraph, we aim to cover three main aspects of government
support for NGOs:
1.
Prospects for the legal regulation of the recognition of a non-governmental non-
profit organization as socially useful;
2.
Prospects for improving the legal mechanisms of the institution of social
partnership with the participation of non-governmental organizations;
3.
Strategy for the development of the non-governmental sector in Uzbekistan on
the example of the National Association of Non-Governmental Organizations.
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Today, in most developed countries, especially in Brazil, Germany, and the United
States, support for NGOs is provided through the recognition of these organizations as
“socially useful”.
Recognizing a nonprofit organization as “socially useful” or “socially oriented” was
a process that began in Europe in the 17th century, and in 1601 a list of charitable purposes
for nonprofits was approved in the United Kingdom under the Charter of Charitable
Purposes.
According to D. Moor, the recognition of a non-governmental non-profit
organization as socially useful consists of the following 6 organizational and legal bases: i
The formation of the regulatory framework for the recognition of socially useful; the
procedure for recognizing it as socially useful; decision-making bodies in this area;
registration or certification procedure; state-guaranteed benefits for a socially useful
organization; the order of accountability of socially useful organizations [4].
S.N. According to Nemgirova, the effective operation of socially oriented NGOs will
be an important factor in ensuring the stability of the region [5].
E.K. As Guseynov rightly points out, empowering non-governmental organizations
to provide basic social protection services is a very dangerous and time-consuming
process that requires a restructuring of the entire mechanism of social policy
implementation. This “transformation” is more promising for additional social protection
services, significantly improving social services and expanding the number of services
provided [6].
It is known from foreign experience that information on the activities of non-
governmental non-profit organizations engaged in sponsorship and charitable activities is
published in a number of independent sources. Various rating agencies analyze the
activities of funds and publish their ratings. This situation also serves as a kind of reporting
for those who carry out sponsorship and charitable activities.
Recognition of social benefits and the provision of tax benefits are enshrined in the
Tax Code in countries such as Germany and the Netherlands, and this model takes
precedence in the application of administrative law, as recognition of social benefits is the
subject of taxation. A shortcoming of this model is the impossibility of legal regulation of a
non-profit organization that is recognized as socially beneficial in tax legislation [7].
According to another model, the recognition of a non-profit organization as socially
beneficial is regulated by certain framework laws in countries such as Bosnia, Bulgaria,
and Romania. The disadvantage of this model is the procedure for recognizing public
associations, foundations and similar non-governmental non-profit organizations as
socially useful in separate legislation for each organizational and legal form. This situation
leads to different approaches to the application of socially beneficial status of non-
governmental non-profit organizations for different legal forms [8].
Therefore, in order to ensure a single legal mechanism for recognition of social
benefits in some countries, Hungary adopted the Law on Recognition of Social Benefit in
1997, Lithuania in 2002 adopted the Law on Charity and Sponsorship, and Poland adopted
the Law on Socially Beneficial Activities and Volunteerism. .
This model is characterized by regulating all aspects of the recognition of a non-
governmental non-profit organization as socially useful, such as granting this status,
applying its criteria, benefits and their application, obligations and the procedure for their
implementation.
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Recognized as socially useful in all the European countries analyzed above, amateur
sports, arts, support for people with disabilities, refugee assistance, charity, human rights,
consumer protection, culture, democracy, environmental protection, education, activities
such as combating racism, health, humanitarian aid, protection of historical monuments,
medical care, protection of children, youth and socially vulnerable persons, religious,
scientific, social integration, social security.
In our opinion, the experience of granting socially beneficial status to non-
governmental non-profit organizations shows that they will have the opportunity to enter
the additional market for social services. It should also be noted that social services
provided by non-governmental non-profit organizations are cheaper than those provided
by government agencies, and it is easier for them to attract extra-budgetary funds, grants
and establish cooperation.
In addition, unlike government agencies, one of the strengths of the nonprofit sector
is flexibility, which means that they are willing to work on weekends, have more
opportunities to develop innovative services, are free of bureaucratic rules, and involve
many non-financial people (volunteers).
D. Morris, a scholar who has studied the process of recognizing the non-
governmental sector as socially useful in most developed countries, argues that the status
of socially useful should serve the public interest. The commissions for the recognition of
social benefits by the competent authorities in different countries must provide this status
on the basis of three factors: the organization must bring to society a clearly visible social
benefit recognized by members of society; in order to be socially useful, a group of
individuals must enjoy the results of this social activity sufficiently. socially useful
activities should be of a completely random nature when directed at individuals. This is to
prevent conflicts of interest [1].
Different ratios are given in different countries in determining socially useful
activities. In the Netherlands, when a non-governmental organization is recognized as
socially useful, more than 50% of the organization's activities must be considered socially
useful. In France, in order for an organization to be recognized as socially useful, the
organization is required to perform at least 1 social service on a statutory list [11].
In most countries, the tax authorities grant the "third sector" socially useful status.
The analysis showed that in granting this status, the legislation does not pay attention to
the organizational and legal forms of the organization. Denmark, Finland, Germany,
Ireland, the Netherlands, Portugal and Sweden follow this procedure. In Denmark, the tax
authorities announce to the general public at the end of each year which organizations
have socially beneficial status.
In Germany, socially useful status is provided by local tax authorities and every 3
years organizations are inspected for socially useful subject. In the Netherlands, there is a
notification procedure for finding socially useful, and this procedure is aimed at preventing
potential administrative legal disputes. In the Netherlands, the main manifestation of the
recognition of social benefits is the open publication of the organization's annual reports
on the basis of special standards [12].
In our opinion, this fact, especially the fact that the sponsoring organization has this
status, serves as a reliable source in the implementation of charitable funds of the donor
organization and individuals. In addition, the disclosure of the activities of independent
rating agencies and the publication of their ratings by independent rating agencies outside
the tax authorities will prevent cases such as various corruption and conflicts of interest.
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Recognition as socially useful in Bulgaria is carried out by the Ministry of Justice of
the non-profit organization by submitting an application with the relevant documents
attached. If the Ministry of Justice refuses to grant socially useful status, the NGO has the
right to appeal to the Supreme Administrative Court against the decision of the
administrative div [13].
In our opinion, the appointment of a single div authorized to provide socially
useful status can lead to the subsequent deprivation of this status of non-governmental
non-profit organizations for political reasons. Therefore, in Hungary and Poland, the
judiciary is empowered to grant socially useful status and special certificates. In France,
too, this power is vested in the Council of State, the highest administrative court.
Based on the above analysis, it is expedient to develop criteria and methodologies
for evaluating the activities of non-governmental non-profit organizations in the Republic
of Uzbekistan, taking into account their contribution to the solution of socio-economic
issues and the development of society.
These criteria are aimed at recognizing a non-governmental non-profit organization
as socially useful and determining the level of social utility based on foreign experience.
The transfer of this authority to the Public Chamber, established on the basis of the Decree
No. PF-5980 of April 16, 2020 “On the establishment of the Public Chamber under the
President of the Republic of Uzbekistan” is a right thing to do.
Today, public chambers and their analogues have been established in more than
80 countries. They are constitutional advisory bodies in some countries and have advisory
status in others. We can see that these structures are formed in the form of councils or in
the form of various commissions, groups, advisory meetings, etc. [16].
In our opinion, the following goals will be achieved by giving this structure a socially
useful status to a non-governmental non-profit organization:
The Public Fund for Support of Non-Governmental Organizations and Other Civil
Society Institutions under the Oliy Majlis of the Republic of Uzbekistan pays special
attention to fairness, transparency and efficiency in providing subsidies, grants and social
orders from the state budget.
There will be an opportunity for socially recognized organizations to cooperate in
lawmaking, implementation of social projects, development of the institute of “people’s
diplomacy”.
The Public Chamber assists non-governmental non-profit organizations in
cooperating with other state bodies, including higher and local representative bodies, in
addressing systemic problems in various spheres of state and society, as well as in the use
of targeted social order and social partnership mechanisms.
At the same time, the main criteria for the effectiveness and efficiency of civil society
institutions are the number of socially useful projects, proposals to improve the legislation
in the field and the relevant changes in the work process and legislation, the level of activity
in public oversight. These criteria and the rating of non-governmental organizations
should be made available to all taxpayers online on the basis of the principles of openness
and transparency on the electronic platform.
In the context of the coronavirus pandemic faced by all mankind, social partnership
has once again proved to be the most necessary social, political and legal institution for the
development of the state and society. In the example of the most powerful states, we have
seen that the state alone is powerless to combat problems such as the pandemic without
the participation of society and the general public.
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On the history of social partnership Sh. Yakubov acknowledges that social
partnership, formed and developed on the basis of historical periods, was a transformation
into social partnership in the twentieth century [17].
According to the experience of foreign countries, in the UK and Canada, the
government can be regulated by certain agreements and arrangements for cooperation
with the non-governmental sector on social partnership. In countries such as Germany,
South Korea, and Japan, the legal mechanism of government social partnership with the
non-governmental sector is based on the basic principles set out in the Basic Law. That is,
in these countries, social partnership is not regulated by a separate law.
Dedicated to the social partnership of NGOs with government agencies, M.S. Haque
[18], D.A. Bräutigam, M. Segarra [19], P. Willetts, C.C. Millar [21] and a number of other
research studies can be cited.
T.B. Matibaev noted that in the middle of the twentieth century, the theory of social
contract was replaced by the theory of social partnership, and its theoretical conceptual
theory was formed on the basis of the ideas of social movement, social solidarity, social
harmony, social cohesion [22].
M. According to Tukhtaeva, the law provides for the interaction of civil society
institutions, first of all, with government agencies in the social, economic and humanitarian
spheres [23].
Sh. According to Yakubov, the adoption of this law established a legal mechanism for
all government agencies to enter into social partnerships with non-governmental non-
profit organizations and other institutions of civil society [24].
In the Address of the President of the Republic of Uzbekistan Sh. Mirziyoyev to the
Oliy Majlis on January 24, 2020, it would be expedient for non-governmental non-profit
organizations and other civil society institutions to draw the attention of government
agencies to the problems facing the population.
To do this, we need to expand social partnerships with non-governmental non-profit
organizations at the national and regional levels and increase grants and social orders.
Ministries and agencies should also expand the work of such social partnerships without
sitting as spectators on the sidelines. Therefore, it is necessary to improve the activities of
the Public Fund for Support of Non-Governmental Organizations and Other Civil Society
Institutions under the Oliy Majlis [25].
In accordance with Article 58 of the Constitution of the Republic of Uzbekistan,
interference of state bodies and officials in the activities of public associations, as well as
interference of public associations in the activities of state bodies and officials is not
allowed.
A. Saidov noted that social partnership has not become an effective mechanism of
cooperation between government agencies and non-governmental organizations aimed at
solving a wide range of social problems of citizens, especially the real promotion of youth
initiatives and modern ideas [26].
The Law of the Republic of Uzbekistan “On Social Partnership” No. ZRU-376 is a
special document adopted to determine the legal mechanisms of social partnership.
As Sh. Yakubov rightly points out, this law has become a narrow-minded law
regulating only the relations between the Public Fund for Support of Non-Governmental
Organizations and Civil Society Institutions under the Oliy Majlis and non-governmental
organizations [27].
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In addition, Karimova studied the activities of the Public Commission for Social
Partnership in Tashkent city and region during the research and noted that the tasks were
not fulfilled at all and in general the structure is almost non-existent in practice [28].
According to the amendment to Article 21 of the Law “On Social Partnership” in
accordance with the Law of the Republic of Uzbekistan dated September 14, 2017 No. ZRU-
446, public authorities can directly order non-governmental non-profit organizations at
the expense of extra-budgetary funds to address social issues.
Resolution of the Cabinet of Ministers of the Republic of Uzbekistan dated February
23, 2018 No 135 approved the Regulation on the procedure for issuing state social orders
by public administration bodies for the implementation of projects of social and social
significance.
According to the amendments to this legislation, public administration bodies have
been able to address social issues within the scope of their tasks and functions in an
efficient and cost-effective manner by directly issuing state social orders to non-
governmental non-profit organizations at the expense of extra-budgetary funds.
However, in practice, the experience of public administration in addressing social
issues within its tasks and functions in an efficient and cost-effective manner to non-
governmental non-profit organizations at the expense of extra-budgetary funds is almost
never used.
One of the reasons for this is the fact that public authorities are not fully aware of
the opportunities and benefits of this institution.
Therefore, it is proposed to organize regular seminars and trainings for senior
government officials on the opportunities and benefits of this institution by the Ministry of
Justice and the Public Chamber.
The author of many scientific researches in this field Sh. Yakubov proposes to
improve the legal mechanism of social partnership, including private entrepreneurship in
social partnership, sharply reduce government interference in the work of collegial bodies
on social partnership, decentralization of funding for the "third sector" [29].
According to Article 4 of the Law on Non-Governmental Organizations, interference
in the activities of state bodies and their officials by non-governmental non-profit
organizations, as well as interference in the activities of state bodies and their officials by
non-governmental non-profit organizations is prohibited.
These provisions are reflected in Article 5 of the Law on Guarantees for the Activities
of Non-Governmental Organizations.
However, the legislation does not provide for liability for obstruction or interference
with the lawful activities of non-governmental non-profit organizations.
Accordingly, it is proposed to establish administrative liability for obstruction or
interference in the legal activities of NGOs and to strengthen the legal framework for the
National Association of NGOs in this process to appeal to the competent authorities,
including the courts and other proceedings.
The role of the National Association of Non-Governmental Organizations of
Uzbekistan (NAOO) is very important in defining a strategy for further improving the role
of NGOs in the life of the state and society in Uzbekistan. The Association is one of the
largest public organizations in the country, established in 2005 at the initiative of 150 non-
governmental non-profit organizations operating in the country and regions. Its main goal
is to provide full support to non-governmental non-profit organizations and further
liberalize and democratize their public life, build a free and open strong civil society, and
further improve the role of NGOs in state and public life.
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In 2017, the non-governmental non-profit organization MA provided 660 mln.
soums, in 2018 – 780 mln. soums, in 2019 – 700 mln. soums, and in 2020 – 1,500 mln. UZS
received a state subsidy. Today, more than 660 non-governmental non-profit
organizations are members of the Uzbek NGO, and systematic cooperation has been
established with them.
During 2017–2020, the Uzbek NGO organized 5 forums of large non-governmental
non-profit organizations and provided practical assistance in organizing 6 forums.
In our opinion, the following systemic problems are observed in the effective
functioning of the Association:
1.
The system of non-governmental non-profit organization MA does not have an
effective system of personnel policy. As a result of low salaries of employees of non-
governmental non-profit organizations, qualified and specialized specialists are almost not
involved in non-governmental organizations.
2.
There are no structural subdivisions and potential employees of the NGO, which
is aimed at preparing systematic and analytical data on the development trends of non-
governmental non-profit organizations and the effective protection of the rights of non-
governmental non-profit organizations.
3.
Insufficient logistical support of the Association. Also, due to the fact that the
regional branches of the Uzbek NGO do not have the status of a legal entity, they do not
have the material and technical resources.
4.
Parliamentary Commission on Management of the Public Fund for Support of
Non-Governmental Organizations and Other Civil Society Institutions under the Oliy Majlis
of the Republic of Uzbekistan, Jogorku Kenesh of the Republic of Karakalpakstan, Public
Commissions for Social Partnership under Regional and Tashkent City Councils and the
Public Chamber and its non-inclusion in regional public chambers has a negative impact
on the support of NGOs and the effective representation of their interests in these systems.
5.
The Association has done almost no work to protect the rights and interests of
non-governmental non-profit organizations. Also, there is no direct responsibility for
obstructing or interfering with the legal activities of non-governmental non-profit
organizations, and the legal basis for the Association's procedural participation in this
process has not been strengthened.
6.
Based on the mechanisms of incentives for non-governmental non-profit
organizations to join the Association and the interests and rights of non-governmental
non-profit organizations on draft laws, there is no institution of non-governmental sector
representation in Parliament.
7.
The practice of systematic monitoring of cooperation between public
administration and local government with non-governmental non-profit organizations
and the observance of the rights and interests of non-governmental non-profit
organizations is not established.
The Association offers the following to support non-governmental non-profit
organizations:
1.
Increasing the number of staff units and the amount of their salaries of the central
office and territorial subdivisions of the non-governmental non-profit organization, as well
as increasing the amount of state subsidies to the Association, provided for the allocation
of additional funds for material and technical base.
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2.
The Parliamentary Commission on Management of the Public Fund for Support of
Non-Governmental Organizations and Other Civil Society Institutions under the Oliy Majlis
of the Republic of Uzbekistan, the Upper palate of the Republic of Karakalpakstan, Public
Commissions on Social Partnership under the Regional and Tashkent City Councils and
inclusion in the Public Chamber and regional public chambers.
3.
Establish administrative liability for obstruction or interference with the lawful
activities of non-governmental non-profit organizations and strengthen the legal
framework for the National Association of Non-Governmental Organizations, including the
courts, and other procedural participation in this process on the example of the Chamber
of Commerce and Industry.
4.
To submit to the Cabinet of Ministers in accordance with the established
procedure a draft law on amendments and additions to the Tax Code on the provision of
benefits from taxes and fees to members of influential national associations uniting civil
society institutions.
5.
Introduce the institution of permanent representative of non-governmental non-
profit organizations in the chambers of the Oliy Majlis.
6.
On the basis of annual reports of the State Non-Governmental Organization on
cooperation between state bodies and non-governmental non-profit organizations, state
rights and local authorities in the Chambers of the Oliy Majlis and the Upper palate of the
Republic of Karakalpakstan, regional and Tashkent city palates of People's Deputies
strengthening the legal framework for discussing the work done in this direction by.
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