The American Journal of Political Science Law and Criminology
201
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TYPE
Original Research
PAGE NO.
201-205
10.37547/tajpslc/Volume07Issue05-21
OPEN ACCESS
SUBMITED
23 March 2025
ACCEPTED
19 April 2025
PUBLISHED
22 May 2025
VOLUME
Vol.07 Issue05 2025
CITATION
Bafaev Shukhrat Gafurovich. (2025). The request of the chairman of the
mahalla citizens’ meeting is an effective form of public control. The
American Journal of Political Science Law and Criminology, 7(05), 201
–
205.
https://doi.org/10.37547/tajpslc/Volume07Issue05-21
COPYRIGHT
© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.
The request of the
chairman of the mahalla
citizens' meeting is an
effective form of public
control
Bafaev Shukhrat Gafurovich
Head of the Tashkent City territorial department of the Center for the
Analysis of democratic processes, сandidate of the Institute of State and
Law, Doctor (PhD) in Law, Uzbekistan
Abstract:
The article analyzes, within the framework of
the Law of the Republic of Uzbekistan "On Public
control", the issues of making requests to
representative bodies of local government by the
chairman of the mahalla citizens' meeting, analyzes the
legal nature of the request, the difference between the
request and the parliamentary request, as well as the
request related to obtaining the necessary information
related to the activities of the citizens' meeting. The
request of the chairman of the сitizens' Assembl
y will
serve to implement the concept of developing a free
and open civil society in the country.
Keywords:
Citizens' self-government bodies, local
representative authorities, chairman of the mahalla
citizens'
assembly,
public
control,
openness,
parliamentary control.
Introduction:
In the contemporary Uzbekistan, the
provision of comprehensive support for the operations
of NGOs and other civil society institutions has been
identified as a priority area for effective governance.
The primary objective is to cultivate a free and open civil
society within the nation, with the aim of safeguarding
human rights, upholding legitimate interests, and
promoting democratic values. Additionally, this
initiative seeks to enhance the political culture and legal
awareness of the population.
In the context of the evolution of civil society in
Uzbekistan, the establishment of citizen self-
governance bodies occupies a primary position. The
impetus for this development stems from the
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implementation of systemic reforms in recent years,
which have led to the transformation of the mahalla
into the primary conduit within the public
administration
and
control
system.
This
transformation has entailed the transfer of a number
of state powers to citizen self-governance bodies.
In this regard, the President of the Republic of
Uzbekistan, Sh. Mirziyoyev, emphasized the necessity
of creating additional opportunities for the chairman
of the mahalla to directly address the problems of the
population. He particularly noted that "the mahalla is
a mirror of light and a conscience of our society" [1].
In order to practically implement the ideas expressed
by the head of state to the mahalla, local self-
government bodies in the field have carried out step-
by-step reforms to address the problems of concern to
the population, and they have expanded the rights and
powers of the mahalla. A comprehensive review of the
extant literature reveals that approximately 100
normative acts have been adopted with the objective
of establishing a system that addresses the challenges
faced by the local population in a direct and localized
manner within the confines of the mahalla. The
legislative acts in question serve to transform the
mahalla into the primary conduit of public
management and supervision. This is achieved by
establishing effective public control over the outcomes
of local reforms carried out by state bodies. The main
objective of the policy being pursued in Uzbekistan is
to turn the country's citizens into active participants in
reforms, and the appropriate organizational and legal
conditions have been created to that end.
Specifically, the Law of the Republic of Uzbekistan "On
Public Control," adopted in 2018 for the
implementation by civil society institutions of public
control over state bodies, is aimed at the realization of
this policy. This legislation establishes various forms of
public control, including the mandate to submit
appeals and requests to state entities.
A discussion of this form of public control necessitates
an initial observation that the institute of requests
constitutes a prevalent modality of control exercised
by participants of public relations.For instance, Article
351 of the Law of the Republic of Uzbekistan "On Mass
Media," enacted in 2007, stipulates that media entities
possess the prerogative to submit requests, either
verbally or in written form (including in electronic
format), to public authorities and management bodies,
soliciting information regarding their operations. [3] It
is imperative to acknowledge that the mass media,
irrespective of their ownership structure, are subject
to the provisions of the Law "On Public Control".
As is widely recognized, the Republic of Uzbekistan has
implemented systematic reforms to ensure the
transparency of state bodies' operations. In 2014, the
Law of the Republic of Uzbekistan "On Openness of
State Government and Administration Bodies' Activity"
was enacted, establishing a framework for the
dissemination of information regarding the operations
of public authorities and administrations. This
legislation aims to regulate the relationship between
information users and the dissemination of reliable
information.
In this regard, the following measures have been
identified as effective strategies for ensuring the
transparency of activities by public authorities and
management bodies:
−
The promulgation (publication) of
information regarding the activities of public authorities
and management bodies.
−
The placement and updating of
information regarding the activities of public authorities
and government on their official websites is of
paramount importance.
−
The placement and updating of
information regarding the activities of public authorities
and administration bodies in publicly accessible
premises and places is of paramount importance.
−
The provision of information regarding
the activities of public authorities and administration
bodies is facilitated through the utilization of
information and library and archive collections.
−
The provision of conditions that
facilitate the attendance of information users at open
collegial meetings held by public authorities and
government bodies.
−
The provision of information regarding
the activities of public authorities and administration
bodies in oral and written form (including in the form of
an electronic document) to information users on the
basis of their request [6] is hereby defined.
Consequently, Article 18 of this Law stipulates the
concept of request, thereby defining a request for
information on the activities of public authorities and
management bodies as a request for information user in
oral or written form (including in the form of an
electronic document), directed to public authorities and
management bodies and (or) their officials, with the
objective of obtaining information on the activities of
these bodies [7]. That is to say, the aforementioned
phenomenon pertains to the fact that individuals and
legal entities receive information regarding the
activities of these bodies upon submission of a request.
Concurrently, Article 19 of the Law delineates the terms
and procedures for the consideration of a request. The
stipulations in this article indicate that the request of an
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information user shall be reviewed within fifteen days
from the date of its registration [8]. Article 20 of the
Law stipulates that the request of a natural person
must include their surname, name, patronymic, place
of residence, and the essence of the request. The
request of a legal entity must include the full corporate
name of the entity, its postal address, and a concise
statement outlining the essence of the request.
In order to ensure the integrity of the information
system, all written requests must be signed by the
individual user's personal signature. In the event that
the request cannot be resolved through personal
signature, it is to be resolved by the signature of the
originator, accompanied by their surname, name, and
patronymic.
Pursuant to the content and substance of the
aforementioned articles, it can be ascertained that the
subjects of this legislation are the users of information,
that is to say, citizens and legal entities. Moreover, it is
evident that the method of acquiring information
entails the submission of a request by the
aforementioned users to public authorities and
management bodies. In addition, the legislation
stipulates the term of response to the request and the
requirements for the request.
The institution of request constitutes a form of public
control; consequently, in certain instances, it is not
submitted by all participants in public relations, but
rather by state bodies that have been specifically
authorized to exercise control in accordance with our
legislation.
Concurrently, we would like to direct attention once
again to the aforementioned Law of the Republic of
Uzbekistan "On Openness of State Government and
Administration Bodies' Activity" Article 3 of the Law
stipulates that its provisions do not apply to specific
categories of information regarding the operations of
state bodies, the particulars of which are delineated by
other legislative instruments.
Specifically, as outlined in the Law of the Republic of
Uzbekistan "On Parliamentary Control," enacted in
2016, a parliamentary inquiry constitutes a form of
parliamentary oversight.[9]
The legislative function of the Oliy Majlis, or Senate, is
defined by the establishment of a parliamentary
inquiry mandate. This inquiry is directed towards
officials of state bodies, compelling them to provide
justifications or articulate their perspective on the
implementation of laws, state programs across various
domains, and other significant issues within their
purview.
As demonstrated, the request is initially directed by
Parliament to an official of a state div. Subsequently,
the request necessitates the provision of a reasonable
explanation or articulation of the official's perspective
on matters pertaining to the implementation of state
programs and other significant issues within the
official's purview.
A notable idiosyncrasy of the parliamentary inquiry is
that it encompasses two distinct entities: first, the
subjects of parliamentary control are the Legislative
Chamber, its deputies, committees, and the Senate, its
committees and members; and second, officials of state
bodies are obliged to give an oral answer to the
parliamentary inquiry within the time limits established
by the chambers at the meeting of the Legislative
Chamber. The Senate, the Legislative Chamber, and
state officials are obligated to submit written responses
to parliamentary inquiries within ten days of the
meeting of the aforementioned bodies, unless
otherwise stipulated.
Furthermore, a deputy of the Legislative Chamber is
entitled to submit requests to officials of state bodies,
typically on matters pertaining to the safeguarding of
the rights and legitimate interests of voters within their
respective constituencies. Similarly, a member of the
Senate is authorized to make requests concerning the
interests of specific territories, accompanied by a
request for substantiated explanations or the
articulation of their perspective.
According to the established protocol, state officials are
required to provide a written response to the request of
a deputy of the Legislative Chamber or a member of the
Senate within ten days from the date of receipt of the
request. This stipulation is subject to the exception of
another term that may be stipulated [10].
The concept of a request, the methods of its sending
and execution, are indicated above. As a mechanism for
the realization of their rights, they can be sent to the
relevant state bodies by representatives of civil society.
The regulatory framework for this process is delineated
by the Public Oversight Act of 2009. According to Article
6 of the Act, the submission of communications and
inquiries to state bodies constitutes a form of public
scrutiny. This form is implemented through the
Communications from Individuals and Legal Entities Act
and the Openness in the Activities of State Authorities
and Government Bodies Act.
Concurrent with the present analysis is the finding that,
in order to transform the mahalla into a link in the chain
of public administration and control, Cabinet of
Ministers Decision No. 380 of June 18, 2021, on
additional measures to further improve the activities of
citizens' self-governance bodies approved a model
regulation on citizens' gatherings. The model
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regulation's paragraph 14 establishes that citizens
have the right to apply to local authorities as subjects
of public control. Thus, citizens are granted the right to
participate in public hearings.
Concurrently, the Decree endorsed the Model
Regulation "On public structures at the citizens'
meeting," as well as instituted a specialized procedure
for the Chairman of the citizens' meeting mahalla to
petition the state authorities, which is delineated in
this document.[12].
Specifically, the regulations stipulate that the chairman
of a gathering of citizens of the mahalla possesses the
prerogative to submit a request to officials of state
bodies and organizations situated within the pertinent
territory. This request is accompanied by the
stipulation that the relevant officials provide a
reasonable explanation or present their point of view
on issues within their respective domains of
competence. However, a notable aspect of the
chairman's authority to make requests to state bodies
pertains to the specificity of these requests. The Model
Provision stipulates that such requests must pertain
exclusively to matters concerning the activities of the
citizens' meeting, rather than any arbitrary issues.
The unique nature of the chairman's role in the context
of a mahalla gathering necessitates a specific protocol
for the submission of requests.
For instance, a prepared request may be initially
discussed at a meeting of the mahalla supervisory
group and, if deemed necessary, may be
recommended for inclusion in the discussion of the
Council of the citizens' gathering. Following a thorough
review of the request, a decision will be rendered
regarding its approval or rejection. It has been
definitively determined that the response letter issued
by the public div in response to the request is to be
reviewed by the Mahalla Chairman during a meeting of
the Mahalla Oversight Group. Additionally, when
deemed relevant, this letter is to be discussed at a
meeting of the Citizens' Gathering Council.
Concurrently, a notable aspect of the Chairman of the
mahalla's request is its capacity to be addressed to
multiple officials.
In the event that the Chairman of the Citizens'
Assembly of the Mahalla submits a request, the
response letter must be signed by the official to whom
the request is addressed or their acting duties. The
response letter must be transmitted to the Chairman
of the Citizens' Assembly no later than fifteen days
after the date of receipt of the request, accompanied
by all requested documents.
However, an analysis of pertinent data indicates that,
in certain instances, citizens' self-governments may also
submit requests for information pertaining to public
bodies.
In particular, Chapter 7 of the Model Regulation "On the
Citizens' Meeting"
—
approved by the Decree of the
Cabinet of Ministers of the Republic of Uzbekistan No.
380 of June 18, 2021 "On additional measures for
further improvement of the activities of citizens' self-
governing bodies"
—
states that the chairman of the
citizens' meeting may request reports and other
information on natural areas protected by the relevant
state bodies [13].
The distinction between a request and a request for
information is as follows: firstly, a request is directed
towards officials of state bodies and organizations
situated within the specified territorial boundaries,
accompanied by a stipulation that they furnish a
reasonable explanation or articulate their perspective
on the matter outlined in the request; secondly,
requests are to be confined exclusively to the purview
of citizens' meetings; thirdly, the request is deliberated
during a meeting of the mahalla supervisory group; and
fourthly, the request is addressed to multiple officials.
In the system of citizens' self-governance bodies, the
request of the chairman of a makhalla gathering of
citizens constitutes a novel institution, although
theoretically its content and essence have been
disclosed. However, in our legislation it has not yet been
reflected and is practically not used by makhalla
chairmen.
In this regard, given the ongoing development of a new
draft law entitled " On Self-Governing Bodies of
Citizens" it is recommended that the institution of the
chairman of the mahalla citizens' meeting be
incorporated into this draft law, with its legal
mechanisms being directly stipulated within the law
itself.
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