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The role of committees in parliamentary work: on the
example of the legislative chamber of the Oliy Majlis and
foreign parliaments
Khurshid BOTIROV
1
Tashkent State University of Law
ARTICLE INFO
ABSTRACT
Article history:
Received July 2023
Received in revised form
15 August 2023
Accepted 25 August 2023
Available online
15 September 2023
This article focuses on the following topics: the legal
standing of the committees of the Legislative Chamber of the
Oliy Majlis and foreign parliaments; the sequence in which they
were formed; the committees
’
areas of activity; and foreign
experience in the committees
’
work.
The parliament committees play a vital role in the legislative
process, oversight of the executive branch, and representation
of the interests of the people. The composition and powers of
parliament committees vary from country to country, but they
all share the common goal of ensuring that the government is
accountable to the people.
The author evaluated the impact of parliamentary
committees on the quality of legislation and the effectiveness of
oversight. The author considered the challenges facing
parliament committees in Uzbekistan and foreign countries.
Despite these challenges, he concluded that parliamentary
committees play an essential role in a democratic society. Also,
in this article, suggestions and recommendations are given for
improving the activities of the committees.
2181-
1415/©
2023 in Science LLC.
https://doi.org/10.47689/2181-1415-vol4-iss7/S-pp42-49
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:
committee,
commission,
legal status,
rights and obligations,
representation,
deputy
’
s mandate.
Parlament faoliyatida qo‘mitalarning o‘rni: Oliy Majlis
qonunchilik palatasi va xorijiy parlamentlar misolida
ANNOTATSIYA
Kalit so‘zlar
:
qo‘mita,
komissiya,
huquqiy maqom,
huquq va majburiyatlar,
vakillik,
deputatlik mandati.
Ushbu maqolada quyidagi mavzularga e’tibor qaratilgan:
Oliy Majlis Qonunchilik palatasi va xorijiy parlamentlar
qo‘mitalari faoliyatining huquqiy holati; ularning shakllanish
ketma-
ketligi; qo‘mitalar faoliyat yo‘nalishlari; qo‘mitalar
faoliyatida xorijiy tajriba.
1
Lecturer, Tashkent State University of Law. E-mail: x.botirov@tsul.uz
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Parlament qo‘mitalari qonun ijodkorligi, ijro hokimiyati
faoliyatini nazorat qilish va xalq manfaatlarini ifodalashda
muhim rol o‘ynaydi. Parlament qo‘mitalarining tarkibi va
vakolatlari har bir mamlakatda farq qilsada, biroq ularning
barchasining umumiy maqsadi hukumatning xalq oldidagi
mas’uliyatini ta’minlashdan iboratdir.
Muallif parlament qo‘mitalari faoliyatining qonunchilik sifati
va nazorat samaradorligiga ta’sirini baholagan. Shuningdek,
maqolada O‘zbekiston va xorijiy davlatlar parlament qo‘mitalari
oldida turgan muammolar ko‘rib chiqilgan. Bunday
muammolarga qaramay, parlament qo‘mitalari demokratik
jamiyatda muhim rol o‘ynaydi, degan xulosaga kelingan.
Shuningdek,
ushbu
maqolada
qo‘mitalar
faoliyatini
takomillashtirish yuzasidan taklif va tavsiyalar berilgan.
Роль комитетов в парламентской работе: на примере
законодательной
палаты
Олий
Мажлиса
и
иностранных парламентов
АННОТАЦИЯ
Ключевые слова:
комитет,
комиссия,
правовой статус,
права и обязанности,
представительство,
депутатский мандат.
В данной статье рассматриваются следующие темы:
правовой статус деятельности Законодательной палаты
Олий Мажлиса и комитетов иностранных парламентов;
последовательность
их
формирования;
деятельность
комитетов и зарубежный опыт.
Парламентские комитеты играют важную роль в
законотворчестве,
контролируя
деятельность
исполнительной власти и представляя интересы народа.
Хотя состав и полномочия парламентских комитетов
различаются в каждой стране, общей целью всех них
является обеспечение подотчетности правительства народу.
Автор оценил влияние деятельности парламентских
комитетов на качество законодательства и эффективность
контроля. Также в статье рассматриваются проблемы, с
которыми
сталкиваются
парламентские
комитеты
Узбекистана и зарубежных стран. Несмотря на эти проблемы,
был сделан вывод, что парламентские комитеты играют
важную роль в демократическом обществе. Также в данной
статье представлены предложения и рекомендации по
улучшению работы комитетов.
In parliamentary systems, committees are essential to both the authorities and the
legislative process. These are specialized groups made up of parliamentarians (MPs) who
are in charge of looking into and closely analyzing certain policy matters, proposed laws, and
government initiatives. Committees are important because they can improve the efficacy,
accountability, and efficiency of the legislative process. Main functions of the committees:
Expertise and Specialization.
Committees allow MPs to develop expertise in
specific policy areas by focusing their attention and efforts on in-depth examination. This
specialization enables them to evaluate legislation and government policies more
thoroughly, leading to informed decision-making.
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Legislative Scrutiny.
Committees serve as independent bodies that assess
proposed legislation in detail, examining its potential implications, feasibility, and
alignment with national goals. This scrutiny helps identify flaws, gaps, or unintended
consequences in proposed laws, ensuring comprehensive legislation that reflects the
needs and interests of the public.
Checks and balances.
Committees act as checks and balances on the executive
branch by providing oversight of government actions. They monitor the implementation
of policies, investigate potential misconduct or maladministration, and hold the
government accountable for its decisions.
Public Participation and Transparency.
Committees often conduct public
consultations, inviting experts, stakeholders, and the general public to contribute their
perspectives and insights. This engagement fosters transparency, inclusiveness, and
public trust in the decision-making process.
Efficiency and Workload Distribution.
Parliamentarians face an enormous
workload, and committees help distribute the workload by dividing tasks among specialized
groups. This division of labor allows for a more comprehensive examination of issues,
reduces the burden on individual MPs, and facilitates more efficient decision-making.
Challenges faced by parliamentary committees [1]:
Partisanship and Political Influence.
Committees can be subject to political
pressure, as members may have partisan interests or biases that influence their
decisions. Maintaining the independence and impartiality of committees can be a
challenge.
Resource Constraints.
Committees require adequate resources, including staff,
funding, and research capabilities, to effectively carry out their functions. Limited
resources can hinder their ability to conduct thorough investigations and research on
complex issues.
Time Constraints.
Committees often face tight deadlines for reviewing legislation
or conducting inquiries. Limited timeframes can restrict the depth of analysis or impede
the ability to gather diverse perspectives on a particular issue.
Coordination and Cooperation.
Committees need to coordinate and collaborate
with each other, as well as with the executive branch, to ensure effective functioning and
avoid duplication of efforts. Maintaining effective communication and cooperation can be
challenging in a complex legislative environment.
In the eighteenth chapter of the Constitution of the Republic of Uzbekistan, related
to the activity of the Oliy Majlis, the rules related to the activity of deputies are directly
strengthened. It is difficult to imagine that the Legislative Chamber of the Oliy Majlis will
systematically and effectively implement its powers without the Chamber's committees
and commissions. The main activities of people's representatives are carried out directly
by committees and commissions.
It is no accident that French lawyer J. Locke likened the activity of parliament to an
iceberg, as he asserts that public assemblies constitute merely the visible, outside portion
of the div. Once the administration and the majority in the parliament have decided on
the legislation to be enacted in the standing committees, they should be viewed as being
performed for the public [2].
The legal status of standing committees (commissions), powers and forms of
participation of deputies of representative bodies of state power, and regulations of
representative bodies, are regulated by relevant Regulations. Committees and
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commissions are components of representative bodies of power, therefore, they are
formed during the powers of these bodies to resolve issues within the powers of
representative bodies.
Based on the experience of many countries, the main tasks of committees and
commissions are as follows: development of projects of budget, economic and social
development plans and programs; preparation for consideration of draft decisions at the
meetings of the authorized div; control the implementation of the decisions of the
representative div; conducting parliamentary investigations; interaction with mass
media and other organizations.
All these forms can be individual or collective, but in any case, within these forms,
the deputy performs certain rights and obligations. In general, the following rights can be
distinguished: a) proposing issues to be discussed at the committee (commission)
meeting; b) participate in the discussion of the discussed issues, give comments and
suggestions on these issues; c) cast a decisive vote on the issues under consideration;
d) to submit proposals on the need to conduct inspections of the activities of relevant
agencies, non-governmental organizations, participate in conducting these inspections
and discussing their results at a committee (commission) meeting; e) participation in the
discussion of candidates nominated, elected or approved by the representative div;
f) submission of draft legal documents for discussion and submission of other proposals
by the representative div.
In addition to the rights, the deputy working in the committee and commission will
also have the corresponding obligations. Participation in meetings of committees and
commissions is considered one of their main obligations. If it is impossible to participate
in the meeting for a good reason, the deputy must inform the chairman of the committee
and the commission. This experience is common in the parliamentary experiences of
most foreign countries.
Unfortunately, the current regulatory and legal documents do not provide for the
use of effective measures against deputies who are constantly absent from meetings of
the standing committee (commission) for no reason. The representative of the committee
(commission) may inform the deputies that a particular deputy has neglected the work of
the standing committee (commission) at the meeting of the representative div. But
such a measure is unlikely to be effective. Of course, the deputy knows that in this case he
may not be included in the list of candidates for deputy nominated by this or another
political party in the next election [3].
According to Article 17 of the constitutional law
“
On the Legislative Chamber of the
Oliy Majlis of the Republic of Uzbekistan
”
, preparing draft laws, preliminary
consideration of issues to be discussed by the Legislative Chamber, and approval of laws
and decisions adopted by the Chamber Committees consisting of the chairman, his
deputy and members are elected from among the deputies of the Legislative Chamber for
the term of office of the Legislative Chamber to control its implementation.
The positions of the chairman of the committee, his deputy and members of the
committee are determined by a comprehensive decision, taking into account the party or
group of the deputies and how many votes they received in the election. As a rule, up to
eleven committees can be formed within the Legislative Chamber. Proposals for the
nomination of candidates for the positions of the committee chairman, his deputy, and
committee members are submitted by the heads of the associations of deputies by
mutual agreement.
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Based on this rule, in some cases, the members of the committee of the Legislative
Chamber of the Oliy Majlis become members of committees that are not related to their
specialty and field of activity. For this purpose, it would be appropriate if certain criteria
were established in the formation of the committee. As an example, it is necessary to pay
attention to situations such as diploma specialization, freely expressed desire, place of
work, practical skills, and life experience. In our opinion, it is necessary to strengthen
these criteria in our relevant laws.
According to E.Kh. Khalilov, factions and blocs, when nominating a deputy to the
committees and commissions of the Oliy Majlis, take into account the professional and other
interests of the deputy, his work and life experience, as well as his freely expressed will [4].
It should be noted that the membership of a deputy in a committee or commission
creates the need for the deputy to deal with a specific field of legislative activity and to
specialize in this field. However, there is no separate legal document that regulates the
activity of deputies of the Legislative Chamber within committees and commissions.
It is known that there are laws on the Legislative Chamber, Regulations of the Legislative
Chamber, and Regulations of the Legislative Chamber of the Oliy Majlis on the activity of
committees and commissions, but there is no legal document regulating the activities of
separate committees and commissions. It would be appropriate if a new regulation
“
On the activities of committees and commissions of the Legislative Chamber of the
Supreme Majlis
”
is developed to solve this problem.
It is known from practice that no law is adopted directly in modern parliaments.
The draft law will definitely be tested in organizational and institutional structures such
as committees and commissions. For this reason, committees and commissions play an
important role in the multifaceted and complex activity of the Oliy Majlis. The positive
activities of the deputies of the Legislative Chamber in the committees and commissions
lead to the improvement of the mechanism of their powers. It would be appropriate to
define the forms of activity of committee deputies in our current legal documents related
to the activities of committees and commissions.
As an example, we can express the forms of activity of deputies in the committees
of the Legislative Chamber of the Oliy Majlis in the following forms: 1) participation in
committee meetings; 2) Participation of local councils in the activities of permanent
commissions; 3) Participation in monitoring the implementation of laws in localities;
4) Obligation of the chairman and deputies of the committee to fulfill their tasks;
5) participation of deputies in the activities of working groups under the committees;
6) participation of deputies in political and legal events organized by committees.
In our current legal documents, the number of members of the committees
established in the legislative chamber is not clearly defined. In our opinion, indicating the
number of members of the committees would have had a positive effect on the formation
of the committees, determining their activities, and ensuring the principle of equality.
For example, the number of committee members in the State Duma of the Russian
Federation is at least 15 and at most 35 deputies, in the committee of the House of
Representatives of Japan from 20 to 50, in the committee of the lower house of the Mexican
Parliament
–
15 deputies, in Spain from both houses 21 deputies form committees [5].
In order to prepare legislative issues, a working group will be formed in the
commission of the Legislative Chamber from representatives of state bodies, non-
governmental non-profit organizations, scientific institutions, experts and scientists, and
representatives of economic subjects.
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In some subjects of the Russian Federation, one deputy can be a member of several
committees at the same time. For example, in the Chelyabinsk region, one deputy can be a
member of up to 2 committees, in the Kurgansk region, a member of 2 committees and
one commission [5].
It should also be noted that in many cases, the deputies work permanently in the
committee they were elected during their term of office. However, in the legislation of
many countries, there is no obstacle to the transfer of a deputy from one committee to
another.
President of the Republic of Uzbekistan Sh.M. In Mirziyoyev
’
s Address to the Oliy
Majlis in 2017, he made a special mention of the fact that if a special committee on health
issues was established in the Legislative Chamber, and its members worked mainly in the
regions, there would be light upon light. they were gone. Based on this, a special
committee on
“
Citizens
’
health care
”
was established in the Legislative Chamber of the
Oliy Majlis of the Republic of Uzbekistan. Also, as the President of the Republic of
Uzbekistan Sh.M. Mirziyoyev stated in his speech on the occasion of the 26th anniversary
of the adoption of the Constitution, "If we look at the world experience, the USA, Russia,
Great Britain, Bulgaria, Greece, Latvia, Estonia, etc. Many countries have anti-corruption
commissions and committees in their parliaments. Based on these advanced foreign
experiences and the requirements of our Constitution, I propose to organize anti-
corruption committees in the chambers of the Oliy Majlis. These committees, as a
representative div, should make a significant contribution to the strengthening of the
fight against corruption in all levels of government agencies
”
[6].
At the same time, the
“
Fight against Corruption and Legal Issues
”
committee was
formed in the Legislative Chamber of the Oliy Majlis.
In our current laws, the powers of the deputy chairman of the committee of the
Legislative Chamber are not defined. In our opinion, it would be appropriate if the
powers of the deputy chairmen of the committee were specified in the Regulation on the
Legislative Chamber of the Oliy Majlis. When the chairman of the committee goes on a
trip abroad, when he goes on vacation, when he is interested in various activities, or
when he is faced with his life issues, it is appropriate for his deputies to exercise their
powers without announcing the position of the chairman of the committee. would be In
addition, the deputy chairman of the committee is also a responsible official. That is why
it is necessary to clearly define their powers in our legal documents
Various commissions are also established in the parliaments of Italy, France and
other countries. However, no matter how many commissions there are, they cannot cover
social relations that should be regulated by the state. Therefore, the name of the
commissions may be wider than their fields of activity. For example, construction
commissions deal not only with construction, but also with issues of land use planning,
cartography, and topography.
M. Mirakulov, doctor of legal sciences, said that not only the responsible committee
of the parliament, but all the committees of the parliament, prepare the drafts of the state
budget, state program, and other large-scale plans and their implementation. reviews and
presenting their conclusions are of great importance in increasing the role and influence
of the parliament [7].
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In fact, the issue of the state budget directly concerns all committees at the same
time. For this purpose, if each committee makes reasonable suggestions based on its own
activity, it will certainly have a positive effect.
In 2015
–
2019, the Legislative Chamber of the Oliy Majlis of the Republic of
Uzbekistan revived the activities of the committees aimed at in-depth analysis of the
legislation in the relevant field with the practice of law enforcement, and on this basis,
identifying existing gaps and shortcomings in it. In particular, the committees heard 285
times the information of the heads of the state and economic management bodies about
their compliance with the laws and the implementation of the decisions of the Legislative
Chamber and its Council.
According to the results of 2015
–
2019 in the Legislative Chamber of the Oliy
Majlis, 617 draft laws were considered in the committees of the Legislative Chamber in
connection with the effective use of forms of parliamentary control [8]. As of the end of
2022, the committee is responsible for 149 draft laws [9].
In the past period, the committees conducted studies in the regions on the state of
implementation of a total of 171 laws and regulations. Based on the results of these
control and analysis activities, proposals and recommendations were developed, and the
adopted decisions were sent to executive authorities. Of this, in 2015
–
22; in 2016
–
35;
in 2017
–
31;
–
49 in 2018;
–
34 in 2019 [10]. By the end of 2022, a total of 50 such
control-analysis events were held by the committees of the Legislative Chamber [11].
In conclusion, it should be mentioned that the most significant working bodies in
the legislative and parliamentary control processes are the committees that function
within Oliy Majlis's Legislative Chamber. Our legal documentation has to be further
enhanced, and a system of required legal guarantees for their operation needs to be
established.
REFERENCES:
1.
Jonathan Murphy. Parliaments and Crisis: Challenges and Innovations.
–
2020.
https://doi.org/10.31752/idea.2020.22
–
P.13.
2.
Bekov I., Saidboyeva M. Reforms for enhancing the role of political parties //The
American Journal of Political Science Law and Criminology.
–
2022.
–
Т
. 4.
–
№.
01.
–
P.
14-18.
3.
Ботиров Хуршид. "Проблемы конституционализма в Узбекистане" Review
of law sciences, vol. 3, no. Спецвыпуск, 2020, pp. 47
-52. doi:10.24412/2181-919X-2020-
3-47-52
4.
Xalilov E.X. The supreme legislative div of the Republic of Uzbekistan: from
false representation to real parliamentarism.
–
Tashkent: Uzbekistan, 2001.
–
P.182.
5.
Odilqoriyev H.T., Tulteyev I.T. Bicameral parliament.
–
Tashkent: O‘zbekiston
Respublikasi IIV Akademiyasi, 2005.
–
P.44.
6.
Нудненко
Л.А.
Конституционно–правовой
статус
депутата
законадательного органа государственной власти в Российской Федерации. –
СПб.:
Юридический центр Пресс, 2004.–
P.247.
7.
https:// www.prezident.uz.
8.
Mirakulov M. Parliament: How to strengthen its role? Right and duty.2017.
–
№
7
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P.51.
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9.
The third call is Information on the activities of the Legislative Chamber of the
Oliy
Majlis
of
the
Republic
of
Uzbekistan
(2019).
http://parliament.gov.uz/uz/info/analytical-reports/.
10.
http://parliament.gov.uz/ru/. Information about the activities of the
Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan in 2022.
11.
http://parliament.gov.uz/ru/. Information about the activities of the
Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan in 2022.
