THE USA JOURNALS
THE AMERICAN JOURNAL OF POLITICAL SCIENCE LAW AND CRIMINOLOGY (ISSN- 2693-0803)
VOLUME 06 ISSUE10
44
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PUBLISHED DATE: - 14-10-2024
DOI: -
https://doi.org/10.37547/tajpslc/Volume06Issue10-06
PAGE NO.: - 44-48
THE ROLE OF LOCAL REPRESENTATIVE AND
EXECUTIVE BODIES IN UZBEKISTAN'S
POLITICAL SYSTEM: LEGAL AND
INSTITUTIONAL ASPECTS
Atabek Davronbekovich Babajanov
PhD in Law, Associate Professor, Dean of the Faculty of Graduate and
Distance Learning, Tashkent State University of Law, Uzbekistan
INTRODUCTION
Over the years of independence, significant
progress has been made in establishing a
democratic legal state and forming a strong civil
society in our country. Approximately 10,000 non-
governmental and non-profit organizations
currently active play a crucial role in protecting the
rights and legitimate interests of individuals and
legal entities, promoting democratic values, and
achieving social, cultural, and educational goals.
Their influence is particularly evident in the
management of state and public affairs.
One of the priority areas for improving the system
of state and societal development is the
"development
of
the
political
system,
strengthening the role of political parties in the life
of the state and society, and creating a healthy
RESEARCH ARTICLE
Open Access
Abstract
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competitive environment between them." This
leads to qualitative changes in the relationships
within the political system. In turn, the multiparty
system, considered one of the key elements of this
process, is steadily evolving today.
The role and significance of political parties in the
renewal and modernization of society are
increasing, particularly in the context of ongoing
reforms and in enhancing the social and political
activity of citizens. The organizational, legal, and
financial conditions for the activities of political
parties are strengthening, their authority among
the people is growing, and their influence in
making state-level decisions is becoming more
pronounced.
The State Program for the "Year of Active
Investments and Social Development" in 2019
introduced the practice of approving members of
the Cabinet of Ministers of the Republic of
Uzbekistan, as well as leaders of the Oliy Majlis,
regional, district, and city government bodies by
the corresponding Councils of People's Deputies.
This provides broad opportunities for political
parties
and
their
associations
within
representative state management bodies. These
opportunities also increase the responsibility of
political parties for realizing the interests of
citizens.
In this regard, as the legal scholar I.R. Bekov aptly
noted, "Political pluralism and multiparty systems
have become an integral part of the social life of
society. The consolidation of this principle at the
constitutional level means that the intermediary
role of political parties between civil society and
the state, as well as their constitutional and legal
status, is recognized at the highest level." However,
it is not sufficient for a political party to operate
solely at the parliamentary level. Reforms must be
effective not only at the center but also at the local
level. For this reason, political parties must actively
engage in the efficient organization of work within
local councils. Particularly in the context of
introducing a new system for evaluating the
performance of local representative bodies of
power by reviewing the reports of local executive
heads, the effectiveness and accountability of local
representative bodies are increasing.
It is essential to mention that the reforms being
implemented in local self-governance bodies not
only involve the transfer of certain management
functions from the center to local authorities and
the expansion of their rights and responsibilities in
governance, but they also ensure the "practical
realization of the principle of separation of powers
in the organization of the local state authority
system." This necessitates the "liberation" of local
governance from central oversight, requiring
certain reforms in the powers of local
representative and executive bodies, as well as in
the mechanisms for their implementation.
It should be acknowledged that the issue of the role
and responsibility of local representative
institutions, which are considered a vital link in the
local state governance system, in ensuring the
implementation of laws is an important indicator of
the effectiveness of administrative reforms today.
Attention to this issue is driven by the crucial role
local self-governance bodies play in ensuring the
implementation of laws, in enforcing the
requirements of ongoing reforms in our country,
and in addressing the significant tasks currently
facing them. In turn, when assessing the system of
local governance, it is necessary to distinguish
between its executive and representative branches.
It must be recognized that the network of local
executive authorities has gone through several
stages of development and has yielded positive
results. As Professor M. Akhmedshaeva rightly
stated, "In the context of the country's
modernization, it is essential to emphasize that the
introduction of the governorate institution aims at
further democratizing this system. The institution
of khokimiyat and the procedure for its formation
have proven to be a highly effective mechanism
over the years. The governors’ operations, based
on individual leadership, aim at enhancing their
responsibility and ensuring the efficiency and
promptness of local governance." Despite the
positive results achieved, there is still no
comprehensive system for addressing socio-
economic problems at the local level. Cooperation
between local executive bodies is insufficient, and
the influence of deputies and public oversight
remains underdeveloped. This indicates that much
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work remains to be done in this area.
To legislation, regional departments of khokims,
which are local executive authorities, and the
khokims of Tashkent city are headed by khokims
appointed by the President of the Republic of
Uzbekistan in agreement with the political groups
that are deputies of the corresponding Councils of
People's Deputies, and approved by these Councils.
Currently, the involvement of political parties in
the formation of local executive authorities is
ensured through the above-mentioned procedure.
The introduction of the practice of approving the
heads of regional, district, and city government
bodies by the relevant Councils of People's
Deputies in the State Program "Year of Active
Investments and Social Development" in 2019
reflects significant trust in local representative
bodies. The introduction of this procedure is
expected to increase the responsibility of
employees in local executive bodies and further
improve executive discipline at the local level.
An analysis of legislation shows that the powers of
the Council of People's Deputies have expanded in
recent years. This can be observed in several areas:
1. **Hearing of Reports**: The Council now listens
to reports from the heads of departments,
divisions, and other structural subdivisions of the
executive authority, including reports on
compliance with laws, the implementation of
decisions by the corresponding Councils of
People's Deputies, and the fulfillment of
recommendations from permanent commissions.
Previously, the executive power of the Council was
limited to hearing reports from agencies,
departments, and other divisions. Now, the scope
of the Council's supervisory powers has expanded.
2. **Supervision of Law Enforcement**: The
Councils also hear reports from relevant
prosecutors, the heads of regional divisions of the
Ministry of Internal Affairs of the Republic of
Uzbekistan, and heads of regional healthcare
administrations,
district
(city)
medical
associations, and district central multidisciplinary
clinics. This process helps establish local
representative oversight in these sectors and
further increases the responsibility of relevant
leaders.
3. **Judicial Oversight**: A procedural order has
been established for relations between People's
Deputies, regional, district, and city councils, and
the courts, which are the third branch of
government. Regional, district, and city Councils of
People's Deputies are required to review the rights
and freedoms of citizens protected by the
respective court at least once a year during their
meetings. They also hear reports on the activities
related to the protection of the legally protected
rights and interests of enterprises, institutions, and
organizations. These Councils send relevant
decisions to the Supreme Court of the Republic of
Uzbekistan. This ensures mutual restraint and
balance of interests between local representative
bodies and local courts, contributing to
strengthening the rule of law in judicial activities.
It is important to emphasize that public
organizations must analyze how effectively
available opportunities are being utilized. Certain
problems have been identified in the fact that
deputies elected from political parties do not
always address pressing local issues in a timely
manner, considering the unique circumstances of
each region. Additionally, they may fail to initiate
discussions on these issues during council sessions
or meetings of permanent commissions. In other
words, deputies are not always actively involved in
finding solutions to local problems. As stated by the
head of our state, Shavkat Mirziyoyev, "A number
of programs for the socio-economic development
of our country's regions have been adopted. But to
what extent are local political groups involved in
the preparation of these programs? Unfortunately,
it is difficult to give a positive answer to this
question. However, through such programs, parties
can solve the problems that concern their
electorate, thus expanding their voter base."
Indeed, elected deputies should effectively use the
powers of local councils to protect the interests of
their constituents. Thus far, the most important
form of party participation in local councils is the
establishment of party groups within these
councils. Unfortunately, party groups have not fully
utilized the rights granted to them. Legal scholar A.
Mahmudov notes that "most party groups in local
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councils have not exercised their right to propose
or request reports or information from the heads of
state agencies located in their respective areas at
the sessions of the Councils of People's Deputies, or
from individuals appointed to the position of
khokim of the region and the city of Tashkent. The
right
to
propose
recommendations
on
unsatisfactory performance to the President of the
Republic of Uzbekistan has not been used at all."
It appears that simply granting rights to party
groups in local councils is insufficient. There may
be a need to improve the entire mechanism that
drives this system.
There is also a method in legal practice called
"experimentation," through which positive new
ideas in certain areas are implemented, and the
experiences that yield favorable results are then
popularized. Today, it is commendable that an
experimental method is being used in the city of
Tashkent to further improve the local governance
system. According to this, a Presidential Decree of
the Republic of Uzbekistan dated August 15, 2018,
"On Measures to Implement an Experiment on
Improving the Investment Environment in
Tashkent" was adopted. In accordance with the
decree, an experiment to improve the investment
environment in Tashkent city was conducted from
August 15, 2018, to August 15, 2019. Based on this
document, the city government of Tashkent was
tasked with creating the most optimal conditions
for conducting business, ensuring a favorable
investment climate, enhancing the city's
investment attractiveness at the district level, and
implementing the necessary organizational
measures to ensure economic growth and improve
the standard of living of the population.
It is important to note that the tasks outlined in this
document are not solely the responsibility of the
executive authorities. Local representative bodies
must also actively participate in addressing them.
This means they should exercise their legal
authority to monitor the implementation of the
tasks specified in the decree and make important
decisions aimed at enhancing the effectiveness of
execution.
It is worth mentioning that local self-governance
reforms are, of course, not limited to economic
measures. Specific objectives have been defined to
improve the effectiveness of the Councils of
People's Deputies of Tashkent city and its districts.
According to Professor O. Khusanov, in order to
increase the efficiency of these Councils, the
following measures are envisaged: “Organizing the
secretariats of the Councils of People's Deputies of
Tashkent city and its districts as permanent state
institutions funded by the corresponding local
budgets; approving the composition of the
secretariat of the Councils of People's Deputies;
entrusting one of the Council deputies with the
leadership of the secretariat; forming the
secretariat from members of the Council of
People's Deputies; and assigning the secretariat the
responsibility of ensuring the day-to-day
operations of the Council of People's Deputies.” We
believe that the implementation of this plan will
contribute to the more effective organization of the
work of these Councils.
At this point, it is appropriate to briefly discuss the
forms of parliamentary oversight and Council
control. Although these forms of oversight are
practiced, their classification, types, and legal
frameworks are not sufficiently developed, leading
to varying interpretations. In our view, it would be
incorrect to treat them as entirely identical.
Parliamentary oversight is exercised by an
individual deputy and is conducted in connection
with the duties assigned to that deputy. Council
oversight, on the other hand, relates to issues
discussed in the Council and is controlled by a
majority vote. We support the opinion of legal
scholar A. Mahmudov regarding the introduction of
a new form of parliamentary oversight, such as the
"Council
Inquiry." However, defining the “Council
Inquiry” as a form of parliamentary oversight
remains contentious. Therefore, it is impossible to
ensure the principle of the separation of powers at
the local level without enhancing the effectiveness
of parliamentary and Council oversight.
To encourage the active participation of political
parties in the activities of local state representative
bodies, the following measures are considered
appropriate:
1. The Law of the Republic of Uzbekistan “On Local
State Power”
should more clearly regulate the
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forms of parliamentary oversight and the control of
local Councils, in particular by defining “local
control” as a separate form of oversight and
solidifying its legal status.
2. The rights of deputies during sessions of the
Council of People's Deputies, as stipulated in
Article 5 of the Law "On the Status of a Deputy of
the Regional, District, and City Council of People's
Deputies," should be expanded.
3. Local Council websites should include a section
titled “Responses to
Deputy Inquiries,” where
analytical articles are published, based on the work
conducted in response to the inquiries submitted
by deputies to the relevant authorities. These
articles should showcase how the Councils of
People's Deputies address current socio-economic
issues in the regions.
CONCLUSION
In summary, strengthening the supervisory
powers of local state representative bodies and
expanding the participation of party groups in
them are critical for addressing current socio-
economic problems in the regions, as well as the
issues that concern citizens.
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