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Общество
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Society and innovations
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The role of foreign experience in the development of
public control in Uzbekistan
Raykhona SUROBOVA
1
Namangan State University
ARTICLE INFO
ABSTRACT
Article history:
Received September 2022
Received in revised form
25 September 2022
Accepted 20 October 2022
Available online
25 November 2022
In this article, the role of foreign experiences in the
development of public control in Uzbekistan, detailed
information about measures to create enlightened mechanisms
of effective legal bases for public control in Uzbekistan is
revealed.
2181-
1415/©
2022 in Science LLC.
https://doi.org/10.47689/2181-1415-vol3-iss10/S-pp166-173
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:
public control society,
democracy,
legal norm,
law,
civil society,
public control.
Ўзбекистонда жамоатчилик назоратини ривожлантиришда
хорижий тажрибанинг ўрни
АННОТАЦИЯ
Калит сўзлар:
Жамоатчилик назорати,
жамият,
демократия,
ҳуқуқий
норма,
қонун
,
фуқаролик жамияти,
жамоатчилик назорати.
Ушбу мақолада Ўзбекистонда жамоатчилик назоратини
ривожлантиришда
хорижий
тажрибалар
ўрни,
республикамизад
жамоатчилик
назоратини
амалга
оширишнинг самарали ҳуқуқий асосларининг ёритилган
механизмларини яратиш борасидаги чора
-
тадбирлар
ҳақида тўлиқ маълумот берилган.
1
Doctoral student, Namangan State University.
Жамият
ва
инновациялар
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Общество
и
инновации
–
Society and innovations
Special Issue
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10 (2022) / ISSN 2181-1415
167
Роль зарубежного опыта в развитии общественного
контроля в Узбекистане
АННОТАЦИЯ
Ключевые слова:
Общество общественного
контроля,
демократия,
правовая норма,
право,
гражданское общество,
общественный контроль.
В данной статье представлена полная информация о
роли зарубежного опыта в развитии общественного
контроля в Узбекистане, мерах по созданию просвещенных
механизмов эффективных правовых основ общественного
контроля в Узбекистане.
Conceptual foundations, strategies and unique mechanisms of civil society
development are being created in Uzbekistan, which is taking its rightful place in the
world community. It is known that non-governmental non-commercial organizations
form the institutional basis of civil society. In recent years, significant measures have
been taken to increase the role and importance of non-governmental non-commercial
organizations and other institutions of civil society in implementation of democratic
changes in all spheres of society and life of the country. The necessary institutional base
has been created to increase the efficiency of activities of non-governmental non-
commercial organizations and provide them with comprehensive support. The fact that
continuous development of institution of public control as a special form of people power
in our country has become a priority of our state policy was expressed in greeting of the
First President of the Republic of Uzbekistan I. Karimov to the participants of
international scientific and practical conference on the topic “Concept of deepening
democratic reforms and d
evelopment of civil society” as follows: “In the future, to
implement our most important social and economic programs, to protect the rights and
freedoms and interests of various segments of population, to create effective legal
mechanisms for public control over the activities of state authorities and management
bodies, and further strengthen social partnership between civil society institutions and
state structures special attention will be paid to the issues of improving legislation, law
enforcement prac
tice”
[1].
One of the goals of law enforcement process in our country is focused on
increasing the effectiveness of regulatory mechanism of public control. In recent years,
many forms of public control have become increasingly active. Among them are state
bodies appeals and requests, participation in public board meetings of state bodies,
public discussion, public hearing, public monitoring, public opinion research, hearing
reports and information of state div officials by self-government bodies of citizens, etc.
Public control can be carried out in other forms in accordance with legislation. The
foundations of mutual cooperation between civil society institutions and state bodies in
our country are closely related to the principles established in the Constitution of the
Republic of Uzbekistan. According to Article 1 of the Constitution, Uzbekistan is a
sovereign democratic republic, and Article 29 states that everyone has the right to
freedom of thought, speech and belief. Everyone has the right to search for, receive and
distribute information they want, and Article 30 stipulates that all state bodies, public
associations and officials of the Republic of Uzbekistan must create an opportunity for
citizens to familiarize themselves with documents, decisions and other materials related
to their rights and interests [2].
Жамият
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инновациялар
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Общество
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инновации
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Society and innovations
Special Issue
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10 (2022) / ISSN 2181-1415
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How are these principles implemented in practice and what measures are taken in
this area? In fact, civil society is a combination of non-governmental and non-profit
organizations and institutions that represent the interests and wishes of citizens and are
aimed at their implementation. Voluntary participation is often one of characteristics of
civil society organizations. At the same time, civil society is not limited to public
organizations, but any person who has an active civic position is also an important
member of civil society. In other words, such citizen is a part of civil society and he is not
necessarily a member of public organization. If we refer to international experience of
civil society, this concept does not have a legalized definition and consolidation in the
concepts of non-governmental or non-profit organizations in all countries. This feature
distinguishes civil society as a matter of social responsibility on the part of the state.
The basis of civil society activity is independent, collective, voluntary decisions. However,
such activity should not contradict the constitutional foundations of the state. Currently,
there are more than 10,000 non-governmental organizations in our country, their
activities are diverse and reflect the characteristics of economic and social development
and its cultural image of the country. In 1991, 23 non-governmental non-profit
organizations were registered in 2010, 557 in 2016, 824 in 2017, and 873 in 2018.
215 foreign NGOs were also accredited in 2015, 249 in 2016, 287 in 2017, and 335 in
2018 at the Ministry of Justice. As of 2018, 9,860 organizations of all forms and statuses
were registered in the Ministry of Justice. According to the Ministry of Justice, as of 2018,
more than 20 million citizens are members of various NGOs.[3]
Nevertheless, as a result of comparative studies of international experience, the
activity of non-state sector is mainly represented by social, practical activities. They also
cover philanthropy, education, science, culture, ecology, human rights issues,
professional life and other issues directly related to human life. In our country, civil
society has reached a certain level of development, and on April 12, 2018, the Law of the
Republic of Uzbekistan “On Public Control” was adopted. Almost a year has passed since
its implementation, and now there is reason to analyze its initial results. First of all, this
law created a list of subjects and forms of public control [4].
This law made it possible for the public to use a wide range of control tools, which
allows increasing target and effectiveness of public control depending on specific
situation and situation. These tools include public monitoring, public investigation, public
discussion, public hearings, public opinion polls, and other forms. An important change
related to adoption of the Law
“
On Public Control
”
of the Republic of Uzbekistan was that
it was adopted through public control, not for direct participation of citizens in state
affairs. Public control is a wide area for communication between society and the state,
and it is useful in solving problems of social importance. This approach is a motivating
factor aimed at strengthening the social activity and initiatives of citizens, helping to
increase their legal culture and civic position. In our opinion, for the full implementation
of the Law “On Public Control”, many more legal documents and acts should be amended.
Until today, only some of them have been changed. At the same time, it is necessary for
the full functioning of public control mechanisms provided for in harmonization of
regulatory legal documents. It is necessary to follow foreign experience in application of
legislation on public control and implementation of its various forms. In this regard, it is
also important to pay special attention to the analysis and evaluation of new, innovative
forms. Because public initiative remains an important resource for creative development
of legislative and public control institutions.
Жамият
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инновациялар
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Общество
и
инновации
–
Society and innovations
Special Issue
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10 (2022) / ISSN 2181-1415
169
Foreign and international experience of public control is distinguished by the
diversity of its implementation. For example, in the United States, public control is
carried out in two main ways
–
the will of citizens directly and indirectly through bodies
elected by citizens working on behalf of the people (representative). Forms of direct
public control by US federal and state laws, in particular:
•
public legislative initiative;
•
participation of citizens in management of local affairs through municipalities,
citizen assemblies and meetings, public discussions;
•
the ability of citizens to use information and documents on the activities of state
bodies (including in electronic form on specialized websites on the Internet);
•
investigative journalism and media activities;
•
the ability of citizens to send written and electronic appeals to state and local
government bodies, as well as officials;
•
public discussion of draft normative legal documents concerning the rights,
freedoms and legal interests of citizens, as well as other issues of public life;
•
research, journalism, public opinion formation and influencing the ruling elite;
•
mass examination of bills; participation in the hearing of the civil court.
According to the US Electronic Freedom of Information Act, “Every person or
organization, regardless of nationality or country of birth, has the right to request
documents held by federal government agencies. These bodies must give the answer no
later than
20 working days”
[5].
This right is guaranteed to be exercised:
1) the obligation of state bodies (primarily federal ministries and agencies) to
submit annually a report to Attorney General of the United States on implementation of
this right, an electronic version of which is available on special sites in the Internet;
2) The obligation of Attorney General of the United States of America
–
to provide
the electronic version of summary report of the Office of the Attorney General for above-
mentioned reports in a single open database to relevant committees and commissions of
the US Congress simultaneously in writing and electronically;
3) the duty of Attorney General of the United States of America, based on received
reports, to prepare reports and instructions on practical cases, sent to state authorities;
4) the rules of providing information requested by state authorities and
management bodies at the request of citizens and obligation to prepare a report on this
and submit it to the US Attorney General.
Public oversight is a mechanism for application and implementation of laws and
decisions of public authorities in person of individual citizens and through civil society
institutions, as well as evaluation of the results of these processes [6].
Among the forms of public control in EU countries, 4 main aspects can be noted:
1)
working with citizens’ information and requests (asking for opinions,
information work with; work with applications and proposals of public associations;
study of citizens’ complaints
);
2) public consultations (open hearings with the participation of all interested
parties; closed hearings with the participation of public representatives; written
consultations (electronic focus groups);
3) consultation forums (skills classes; conferences; civil courts);
4) interactive communication through social networks (on existing social
networks; on specially created social platforms) [7].
Жамият
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A very interesting form of public control in the US and EU countries is the
institution of civil veto, which allows the citizens of the country or its individual region or
municipality to reject (cancel, enter into legal force) certain normative legal acts adopted
by local authorities and their officials to recognize as not having) is to be understood as a
right and opportunity. In fact, this form of public control is relevant because it allows
direct influence on legislative (representative) authorities, which is difficult due to the
representative nature of government consisting of persons elected directly by the
population. There is a unique practice of implementing this form of public control, for
example, calling officials to a referendum by citizens. In addition, in the US it is mainly a
question of recalling elected officials (for example, members of federal parliament, state
parliaments), later in Japan it was also possible to recall legally representatives of local
authorities. In a number of EU countries, citizens can challenge the re-election of elected
person or official before further procedures, or even remove them from power. For
example, the Austrian Constitution allows Federal President to be removed from office by
popular vote. The possibility of recalling deputy heads of local self-government bodies is
also provided for. In the European Union, there are also public forms of public
monitoring in the form of open and closed hearings, in the form of focus groups or
through the Internet. Representatives of public organizations and mass media are invited
to public discussions in the form of open and closed hearings. Information about these
events can be posted in the Internet or invitations sent to participants. These
consultations can be conducted interactively (in the Internet) or by e-mail, interviewing
the public or community organizations.
This allows to determine the attitude of the society to discussed issues, as well as
to develop solutions that meet the interests of the majority of subjects of public control.
In recent years, this form of public control has become popular in the West, as citizens
turn to public authorities and their officials via the Internet.
In Great Britain, citizens have the right to appeal to local authorities on local issues
under the Community Support Act. In addition, forms of electronic public control are
actively used in this country, citizens can monitor cases of documents, complaints,
applications electronically, and this is also developing as one of the forms of public
control. Residents can notify the municipality management electronically about the
violation of current legislation by some officials or violation of their rights, freedoms and
legal interests. At the same time, document circulation for these requests has been
significantly simplified, time for preparing answers to them, as well as time for
developing and implementing measures to restore (protect) the rights, freedoms and
legal interests of citizens has been reduced. The foreign and international experience of
public control is distinguished by its subjects, as well as the set of their powers. In the
United States of America and the European Union, public authorities themselves are also
subject to public scrutiny. This practice slightly changes the definition of the term "public
control" to mean public control of government activities. Society is a subject of control,
the state is an object of control. At the same time, the state itself is a second subject of
public control and determines the rules and grounds of such control. However, one can
argue with the position of this definition. In our opinion, the affiliation of the state
authorities to various subjects of public control, on the one hand, leads to evaluation of
one of the types of state control as a form of public control, and on the other hand, the
state authorities become both the object and subject of public control.
Жамият
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Общество
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Society and innovations
Special Issue
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10 (2022) / ISSN 2181-1415
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One of the most interesting examples of public control over the observance of the
rights of prisoners in prisons can be found in the experience of Japan. A very well-
developed system of society interaction with prisons is interesting. The concept of public
interaction with the correctional system in Japan is determined by Japanese mentality
and culture.
First, Japanese culture is characterized by the existence of category of shame,
shame, in particular, deprivation of freedom inspires the prisoner with feeling that
justifies self-purification through suffering. If a person feels shame, this feeling is often
experienced by the community that belongs to this person: family, company, school and
especially the leader of the organization.
Secondly, Japan has created a nationwide system of fighting crime, which includes
a wide network of public structures, in which citizens are actively involved, not even at
the state level, in terms of participation of all state and municipal bodies [8].
In foreign experience, the activities of public organizations involved in the
organization and conduct of public control are actively financed by state budget, as well
as by local state authorities. In addition, these organizations have the right to
attract funds directly from population, as well as from legal entities. According to the
“
Civil Society Development Fund
”
, share of state financing in income of non-profit
organizations: Western Europe, Canada, Israel
–
54%; Eastern Europe
–
42%;
Anglo-Saxon countries
–
36%; Scandinavia
–
35%; Developed countries in Asia
–
34%;
Latin America
–
19%. In countries such as France (60%) and Belgium (76%),
the majority of non-profit organizations are publicly funded. In these countries, state
funding is the main source of income for non-profit organizations [9].
In this regard, in the current legislation of our country, it is necessary to strengthen
a similar obligation to finance the activities of public organizations involved in the
organization, transfer or implementation of state control measures from the state and
local budgets. This funding can be provided on a competitive basis or through
government grants, tax credits, etc. Today in our country, the compatibility between
different levels of legal regulation of the activities of civil society institutions is not fully
ensured.
The procedure for registration of non-governmental non-profit organizations, the
procedure for their activity shows the existence of bureaucratic requirements and
obstacles, there are outdated and non-modern norms. It is possible to achieve growth in
this direction by creating favorable legal conditions for organization of civil society
institutions, state registration, professional activity and development, ensuring
compatibility between different levels of legal regulation of the activities of civil society
institutions. In other countries, for example, Federal Republic of Germany, the Russian
Federation and other countries, registration is usually carried out on the basis of directly
applicable laws. The interaction of the state power with civil society and business
institutions is not fully ensured.
However, the cooperation of state power and management bodies with civil
society institutions and business develops communication and mutual understanding
between society and the state, increases the openness of state power and local self-
government bodies, citizens' awareness of actions and decisions of authorities on issues
of social and economic development of the country, ensures the use of information.
Жамият
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Society and innovations
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In Japan, “three
-
sector model” considers the development of civil society as a
process based on mutual interests of all three sectors
–
state, civil society and business.
A number of specialists for civil society institutions and participation of state bodies in
ensuring the activities of some civil society institutions are not satisfactory. Working in
civil society institutions requires not only high civic activity, but also specific professional
training. In the
“
Third Sector
”
social management, social psychology, economics and
management in NGOs, organizing work with youth and other specialties in the field of
public policy and social sciences are required. In Germany, the USA and Sweden, the
professionalism of NGOs is highly valued. The third sector is analyzed to determine the
appropriateness of mission, its operation, effectiveness and efficiency, the value of
proposal or revision, as well as the level of effectiveness of new programs to achieve the
goals of civil society institutions. Evaluation should be open and honest. The
professionalism of the services of non-governmental non-profit organizations is
evaluated. The level of involvement of non-governmental non-profit organizations in the
development and implementation of normative legal documents and social and economic
development programs is low. In developed countries, the place, role and importance of
NGOs is significantly higher. NGOs (international rating agencies, scientific centers, etc.)
are playing a leading role in determining rating of the countries of the world
(international indices, etc.) [10].
A number of reasons can be given for the use of international and foreign
experience in formation and improvement of public control in our country: firstly, the
process of establishing control over state power and its officials in foreign countries by
democratic institutions of civil society has a long history, during which many successful
forms and methods were developed and implemented;
secondly, since the construction of state legal system in Uzbekistan after
disintegration of the former Union was based on the model of formation and operation of
state power in developed countries, it is logical to use the best formation models of the
world for organization and implementation of public control;
thirdly, globalization stopped many processes of regional interstate integration
(for example, within the European Union), which led to a new stage in the development
of institutions of public participation in exercise of control over state power. Among
external forms of public control over state authorities and officials, which should be
included in the laws of Uzbekistan, the following can be distinguished. Among external
forms of public control over state authorities that should be included in our laws, the
following can be distinguished. First of all, electronic public control, the essence of which
is to provide the population (both citizens and public organizations) with interactive
access to any information related to their rights, freedoms and legal interests.
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–
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–
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3.
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4.
Law of the Republic of Uzbekistan UK-
474 “On Public Control” // National
database of legal documents, 04/13/2018, No. 03/18/474/1062.
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Society and innovations
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