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Society and innovations
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Foreign and Uzbek experience of public control over the
activity of state authority
Raykhona SUROBOVA
1
Namangan State University
ARTICLE INFO
ABSTRACT
Article history:
Received September 2022
Received in revised form
25 October 2022
Accepted 20 November 2022
Available online
25 December 2022
This article describes the experience of foreign countries and
the Republic of Uzbekistan in the implementation of public
control over the activities of state power and the activity of
state power.
2181-
1415/©
2022 in Science LLC.
https://doi.org/10.47689/2181-1415-vol3-iss11/S-pp23-28
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:
electoral system,
democracy,
legal norm,
law,
civil society,
legal culture,
public control.
Давлат ҳокимияти фаолияти устидан жамоатчилик
назоратини
амалга
оширишнинг
хорижий
ва
Ўзбекистон тажрибаси
АННОТАЦИЯ
Калит сўзлар:
сайлов тизими,
демократия,
ҳуқуқий
норма,
қонун
,
фуқаролик жамияти,
ҳуқуқий
маданият,
жамоатчилик назорати.
Ушбу мақолада давлат ҳокимияти фаолияти ва унинг
устидан жамоатчилик назоратини амалга оширишнинг
хорижий
давлатлар
ва
Ўзбекистон
Республикаси
тажрибаси ёритилган.
1
Doctoral Student, Namangan State University.
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Special Issue
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Зарубежный и отечественный опыт осуществления
общественного
контроля
за
деятельностью
государственной власти
АННОТАЦИЯ
Ключевые слова:
избирательная система,
демократия,
правовая норма,
право,
гражданское общество,
правовая культура,
общественный контроль.
В данной статье описан опыт зарубежных стран и
Республики Узбекистан по осуществлению общественного
контроля за деятельностью государственной власти и
деятельностью государственной власти.
In the context of formation of a civil society, the issue of further improvement of
the procedure for the implementation of public control over the activities of state power
is of great importance. As a result of the research carried out in this regard, we can put
forward a number of proposals and comments on the further improvement of the
procedure for the implementation of public control over the activities of the state
authorities.
First of all, the Law “On Public Control” should regulate in detail the issues related
to public examination of draft laws. If we pay attention to foreign experience in this
regard, we can witness that the procedure for carrying out this expertise is separately
determined. In particular, the Law of the Russian Federation
“
On the Basics of Public
Control in the Russian Federation
”
specifies the number of special rules in addition to the
general rules for conducting this examination. In particular, it defines the rights and
obligations of the expert, as well as the requirements for conducting this expertise. It is
also established that the final document (summary) of the expertise should consist of
objective, reliable and justified conclusions. It is important to note that in the cases
established by federal laws, there is a norm of mandatory public examination.
In this regard, in the literature, the procedure for conducting this expertise is
defined in a separate regulatory legal document, in particular, the Regulation
“
On the
procedure for conducting public expertise of normative legal documents and their drafts
”
approved by the Cabinet of Ministers of the Republic of Uzbekistan [1.291].
In my opinion, this issue should be covered in detail in the Law
“
On Public
Control
”
, including the scope of subjects conducting the examination, the principles,
procedure, terms of the examination, its formalization, experts and the requirements
imposed on them, strengthening the procedural requirements for conducting this
examination.
In legal literature, as well as in public discussion of issues of social importance, as
well as normative legal documents, drafts of other decisions of state bodies, and in order
to ensure the effective implementation of public control, the model regulation “On public
discussi
on” is related to the activities of state bodies, their officials, and model regulation
“On Public Hearing” organized to discuss issues relevant to the rights and legal interests
of citizens, legal entities, and the interests of society, as well as monitoring the activities
of state bodies and their officials by collecting, summarizing and analyzing information
related to the public interest in order to determine whether the drafts of normative legal
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documents and other decisions of state bodies are consistent with the rights and legal
interests of citizens, legal entities, and the interests of society. It is proposed to develop a
model regulation “On the procedure for public monitoring and examination” consisting of
studying and evaluating them [2.310-311].
Also, it is necessary to revise completely the norms of the Law on the procedure of
public discussion, public hearing, public monitoring and expertise and to state them in a
new version as directly applicable norms, in which it is necessary to determine fully the
mechanism and procedure of their implementation.
In addition to the above, based on advanced foreign experience and national
practice, it is appropriate to include “journalistic investigation” and “social audit” by mass
media in the forms of public control.
It should be noted that social audit is aimed at improving the efficiency of public
administration by monitoring the implementation of local state programs. Social audit is
mainly carried out by civil society institutions with the involvement of experts and a wide
range of people. Today, two types of social audit are widely used in foreign countries.
The first is a social audit, which consists of collecting relevant data, analyzing this data,
interpreting and preparing a report containing conclusions and recommendations, and
presenting the audit results to the general public (Korea, Japan, and India's experience).
The second is to create a research group consisting of experts in relevant fields and a
special platform to conduct public expertise on issues of social importance, including
health, ecology, economic development, introduction of innovations in communal
services and other areas (Scandinavian countries, German experience).
Another important form of public control is the activity of a public inspector. It is
known that the system of public inspector of environmental control was introduced in
the Republic of Uzbekistan in accordance with the Law “On Environmental Control” from
2013. In September 2016, a list of 20,000 candidates for public inspectorate of
environmental control was formed among neighborhood activists, scientists and NGO
representatives. Since 2016, the State Committee for Ecology and Environmental
Protection has been implementing a
“
roadmap
”
for the development of the Institute of
Public Inspectors of Environmental Control in Uzbekistan.
At the same time, it shows that the institute of public inspectors is working
effectively in foreign countries not only in ecology, but also in a number of areas such as
labor, communal economy, health care. In this regard, in the future, a member of the
public who will be active in various areas of social life that will affect the interests of the
population (education (minors, students' visits to schools and educational institutions),
health care, tourism, communal economy, pensions, employment, etc.) it is appropriate to
introduce the institute of inspectors.
Another form of public control used widely in foreign countries, but not regulated
legally in the Republic of Uzbekistan, is the activity of volunteers. In the USA, England,
Germany, Spain, France, Finland, Switzerland, Japan and other countries, the activity of
volunteers as subjects of public control is very developed. The activities of volunteers are
widely used in ecological, archaeological, restoration, repair, agricultural, and social
spheres. For example, in Germany, 34% of the population, that is, one in three citizens, is
a volunteer and participates in voluntary associations, projects and groups for more than
15 hours per month. About 70,000 non-governmental non-commercial organizations
operate in Germany, and about 2 million citizens are involved in them on a voluntary
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basis. In Germany, the Law on “Social Year” was adopted, according to which a person has
the right to engage in social work for 1 year after graduating from high school. This
practice will be important in the future employment of this person. Volunteer centers
have been established in almost every city in Germany. Interaction and cooperation
between volunteers is ensured in these centers. Volunteer work has become an
important form of employment for pensioners and the unemployed in Germany [3.267].
It is appropriate to define the main concepts used in the Law
“
On Public Control
”
(state activity, civil society, public councils, public commissions). On the example of the
experience of the Russian Federation, Kazakhstan and other countries, the establishment
of the Public Chamber, as its main task, is to establish relations between citizens, public
associations, trade unions, creative associations or other types of non-governmental
organizations and state authorities, local state authorities based on the interests of
citizens and society. It is appropriate to establish public control over the activities of state
authorities and management bodies.
In the United States, the practice of public councils being headed by government
officials is widely used. For example, in Arlington County (Virginia, USA), the public
council on the issues of the Northern tract is engaged in researching the opinion of the
population on the areas polluted by industrial waste, and its chairman and deputy
chairman are officials of state bodies [4.36].
It should be noted that in the international experience, public councils are formed
in five different ways: election, appointment, mixed, competition and random formation.
For example, the community council of the city of Dayton, USA, is formed by the election
method. Each candidate must collect the votes of at least 25 voters [5.43].
The second method of appointment is widely used in foreign countries as a method
of forming public councils. In this case, two different methods are used
–
the state div
can appoint members of the public council on its own initiative or based on the
recommendation or presentation of various non-governmental non-profit organizations.
By appointment, in most cases, public councils are formed that perform expert,
consultative, advisory functions. In particular, the Danish Public Council for Disability
Affairs consists of a chairman appointed by the Minister of Social Affairs and
14 members, including 7 members from the Council of the Association of Disabled
Persons, 1 member from the Council of Danish Counties, 1 member from the Danish
National Association of Local Authorities, 1 member from the City of Copenhagen and
Frederiksberg city administration, 1 member
–
the Minister of Health, 1 member
–
the
Minister of Education, 1 member
–
the Minister of Labor and 1 member
–
the Minister of
Social Affairs are appointed on the recommendation. Alternatively, in Canada, members
of the National Council on Aging are appointed on the recommendation of the Governor
General on the recommendation of the Minister of Health [6.25].
It is implemented on the basis of mutual coordination of appointed and elected
councils. For example, the majority (48) of the community council of the city of Porto
Alegre, Brazil, which includes a total of 16 districts of the city, is elected by the
community. 2 members of the council are appointed by the local authority and have the
right to speak in the council, but do not have the right to vote. The Council includes such
structures as the coordinating group, the executive secretariat, advisers, the
communications commission and the delegates’ forum [7.25].
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The experience of the Russian Federation observes the formation of a public
council by the competitive method. According to it, the Public Chamber, together with the
Expert Council of the Russian Federation, organizes a competition for the formation of
members of the public councils under the federal executive authorities. Public
associations, non-governmental non-commercial organizations have the right to
participate in the competition. It is typical for public councils that perform the arbitration
function in the random formation of the composition of the public council. This method is
used in countries such as the USA, Great Britain, Germany, and Australia in order to
ensure the representation of different strata.
As we have seen, the number of members of the public council in foreign countries
is clearly defined.
In the Republic, the number of members of the public council is not limited. The
composition of the public council includes its chairman, deputy chairman, secretary and
members. As a rule, veterans who have rendered exemplary service in a state div,
reputable citizens with extensive practical experience in public activities, as well as
representatives of non-governmental and non-profit organizations, mass media and
other institutions of civil society are admitted to the membership of the public council.
The public council is authorized to make decisions of a recommendatory nature.
The decision made at the meeting of the public council shall be formalized with the
minutes. The minutes of the meeting of the public council shall be signed by the
secretary, approved by the chairman of the meeting and sent to the state div, members
of the public council and interested persons within three days. Also, when there is a need
to make a decision of the public council quickly, it is also provided for the possibility of
making the decision by poll, in agreement with the members of the public council, at the
initiative of its chairman. In cases where the state div does not agree with the decision
of the public council, it shall send a reasoned objection to it in written form no later than
ten days after receiving the decision of the public council.
As we know, in accordance with the amendments and additions made to our
Constitution in 2014, the constitutional basis for the implementation of public control
over the execution of legal documents by state authorities and management bodies was
formed. According to it, the participation of citizens in the management of society and
state affairs is realized through the development and improvement of public control over
the activities of state bodies. It is noteworthy that the granting of a constitutional-legal
status to the institution of public control brought this control institution to a new level in
terms of quality in our country. Although there are a number of norms about public
control in a number of current laws and regulations, there were no special regulations or
a single document providing for the nature, types, methods and forms of this institution,
and in general, control mechanisms. This is the reason that these provisions in the laws,
even the constitutional norm, do not work completely. In addition, there was a need to
unify a number of regulatory legal documents regarding public control and to adopt a
singl
e systematized basic law, to eliminate “legal gaps” in the legal documents regulating
public control issues. Therefore, on the basis of the State program on the implementation
of the Action Strategy in The year of support for active entrepreneurship, innovative
ideas and technologies, the Law “On Public Control” was developed by the deputies of the
lower house of the parliament, adopted after extensive discussions, approved by the
Senate and signed by the President. The law is extremely important in that it aims to
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apply the norms stipulated in the Constitution in practice, to define fully the legal basis
and mechanism of public control over the activities of state bodies in the country. As we
know, in accordance with the amendments and additions made to our Constitution in
2014, the constitutional basis for the implementation of public control over the execution
of legal documents by state authorities and management bodies was formed. According
to it, the participation of citizens in the management of society and state affairs is
realized through the development and improvement of public control over the activities
of state bodies. It is noteworthy that the granting of a constitutional-legal status to the
institution of public control brought this control institution to a new level in terms of
quality in our country. Although there are a number of norms about public control in a
number of current laws and regulations, there were no special regulations or a single
document providing for the nature, types, methods and forms of this institution, and in
general, control mechanisms. This is the reason that these provisions in the laws, even
the constitutional norm, do not work completely. In addition, there was a need to unify a
number of regulatory legal documents regarding public control and to adopt a single
systematized basic law, to eliminate “legal gaps” in the legal documents regulating public
control issues.
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