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Volume 04 Issue 03-2022
The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
VOLUME
04
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SSUE
03
Pages:
23-30
SJIF
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FACTOR
(2020:
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5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
ABSTRACT
This article discusses the development of the system of public services in the Republic of Uzbekistan, the improvement
of its organizational and legal basics, the most important areas for radical reform of the national system of public
services, the introduction of e-government services. and thus reflected the benefits created by citizens, business
entities, as well as public administration and economic management bodies, organizations, institutions and
enterprises.
KEYWORDS
Public services, e-government, interactive portal of public services, "one stop shop", e-services.
INTRODUCTION
Today, in many countries, special attention is paid to
the development of public services. However, we
cannot say that all countries are achieving high results
in this regard. In this regard, it is important to analyze
the system of organizational and legal regulation of the
system of public services in countries that have made
great strides in this area.
Looking at the experience of foreign countries, the
organizational and legal regulation of public services
can be studied in three models: French, German and
Anglo-Saxon.The understanding of public services as
"public service" is rooted in the French public
experience. This concept is associated with the name
L. Duggi [1]. An important feature of the French model
Research Article
FOREIGN EXPERIENCE IN THE ORGANIZATIONAL AND LEGAL
REGULATION OF PUBLIC SERVICES
Submission Date:
February 27, 2022,
Accepted Date:
March 17, 2022,
Published Date:
March 29, 2022
|
Crossref doi:
https://doi.org/10.37547/tajpslc/Volume04Issue03-05
Zakirova Sevara Muradovna
Independent researcher at Tashkent State University of law, Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
24
Volume 04 Issue 03-2022
The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
VOLUME
04
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SSUE
03
Pages:
23-30
SJIF
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FACTOR
(2020:
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(2022:
6.
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METADATA
IF
–
7.659
Publisher:
The USA Journals
is that the state should communicate with it only in
terms of meeting the needs of society. The essence of
his opinion was to limit the functions of the state.
Public services were initially divided into economic,
social and other services only in terms of public interest
[2]. Later, this view was changed by G. Jeze, who
argued that the function of public services should be to
protect the public interest, not to restrict public
activity [3].
In the reform of public services, special attention was
paid to globalization and decentralization. Issues such
as improvement of personnel policy, decentralization
of executive functions, evaluation of the effectiveness
of civil servants, simplification of administrative
procedures and the use of information technology in
public services have been identified as development
trends. All this is aimed at achieving two main goals:
increasing the satisfaction of citizens with the work of
the administration and increasing the efficiency of
spending while maintaining the volume of funding
through the rational management of budget funds. As
a result of the reforms, there was a need to transfer
public services to non-governmental organizations [4].
Legislation on the legal regulation of public services
has developed in line with a certain trend. Initially, in
1992, the Charter of Public Services (La Charte des
Services Public) was adopted, which defines the basic
principles of public service delivery [5]. In 1997, the
Regulation on the quality of public services was
developed [6] and simplified public services under the
2004 Mariani Charter [7].
French model Spain [8], Italy [9] and Latin America [10]
widespread in the states. These countries relied on the
French model in the organizational and legal regulation
of public services.
An important aspect of the German model is that
public service relations should be fully regulated by the
state [11]. In Germany, the focus is on the regulation of
public services through administrative procedures.
Administrative acts and administrative agreements
play a key role in this regard [12]. Public services are
provided not only through the issuance of
administrative
acts
and
the
conclusion
of
administrative contracts, but also in the provision of
social assistance, tax benefits, water supply, transport
services, funding for university education and
others[13].
According to a 2006 survey conducted by Grant
Thornon in Europe, Germany is one of the countries in
the region with the highest number of bureaucratic
hurdles[14]. The number of documents that German
companies have to submit to government agencies has
exceeded the average limit: 78 certificates to social
insurance authorities; 60 inquiries to tax and customs
control authorities; 111 certificates under labor
legislation and 69 certificates of statistical data[15].
"At the beginning of the 21st century, Germany ceased
to be a model of dynamic development and became a
model of stagnation. Foreign German investments
began to abandon the choice of Germany," EG Yasin
said[16]. As a result, there was a need to reform the
German civil service. At the same time, attention was
paid to the full coordination of the mechanism of public
administration and the development of public
relations.
Due to the situation in Germany, the provision of public
services by German jurists began to be of a negative
and positive type. In the nature of the provision of
negative public services, the main privilege was on the
part of the state. Positive is reflected in the provision
of many benefits and rights to citizens in the provision
of public services.
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In Germany, the provision of public services began to
be transferred from government agencies to other
structures. S.V. Kalashnikov commented on the
reforms: "Public services are being transferred to other
structures under the strong control of the state." [17]
This can be explained by the predominance of the idea
of a strong state aimed at caring for the well-being of
its people and, accordingly, the dependence of citizens
on the direct support of their country. This approach
was aimed at moving towards a developed country
with a healthy economy. This was based on the
principle of the welfare state, enshrined in Articles 20
and 28 of the Constitution of the Federal Republic of
Germany[18].
In implementing these reforms, Germany focused on
two functions: the function of ensuring general
security and order and the function of creating decent
living conditions for citizens.
Over time, the legislature began to transfer public
services to private entities. This was due to delays in
public services as a result of the administrative
bureaucracy, the integration of liberal reforms as a
result of the formation of the European Union, and the
beginning of the global economic crisis around the
world.
Unlike other European countries, German legislators
did not face the task of radically revising the principles
of governance. The main focus was on the reduction of
government agencies in line with the 1995 “Thin State”
concept[19]. Then, with the emergence of new forces
at the helm of power, it was replaced by the principle
of "new model of governance", which is a complex
management model based on efficiency results,
characterized by its idea of focusing on the interests of
citizens.
There are several areas of activity aimed at optimizing
public services and reforming them. First of all, the
provision of public services to local entities was carried
out. Second, another important process was the use of
information and communication technologies in the
direct management and provision of public services.
For example, in 2000, the German government set
itself the goal of providing most public services via the
Internet by 2005. After a certain time, certain results
were achieved by the set date. In particular, the e-
government program was approved, which includes
simplified procedures for business structures
BundOnline. About 180 public services have been
transferred to electronic form[20].
Despite significant pressure from the European Union,
Germany has managed to maintain its own rigid,
centralized management mechanism based on the
professionalism of civil servants. But at the same time,
a number of government agencies were abolished
(merged) in order to reduce the bloated bureaucracy.
The German model of public services is Austria[21],
Baltic countries [22], Azerbaijan[23], Belarus[24],
Japan[25] and common in other countries.
The Anglo-Saxon model has a special place in the
reform of public services. If we look at the British
experience in this regard.
Since the 1980s, public administration in England has
been tasked with introducing market laws and
principles. Thus, from 1979 onwards, with the election
of Margaret Thatcher as Prime Minister, it took a
difficult and long time. He chose the main direction of
reducing budget expenditures at the beginning of his
management activities.
The next step in improving the performance of the
executive branch in 1982, the concept of the Financial
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Management Initiative was approved. It was aimed at
encouraging local authorities to find effective ways to
solve current problems on their own. An important
step in the reform process was the adoption of the
Citizens' Charter, the main purpose of which was to
improve the quality of public services using evaluation
standards combined. The main directions of public
administration development are also the transparency
of public services, openness of information on the
activities of public authorities and the organization of
consultations for citizens. The adoption of this
program has given impetus to the development of
public services. By 1996, it belonged to the civil service
42 regulations were adopted and many public services
were transferred to the local level[26].
The Law on Public Services, adopted in 2012, plays a key
role in the legal regulation of public services[27]. This
law defines the procedure for providing public services
and the procedure for providing public services to
private organizations. The provision of public services
is divided into several stages:
The first stage is the previous stage in the provision of
public services, which includes sending advance notice
in the prescribed form, familiarizing with the work
schedule of the public div, sending a schematic
description of the route to the citizen, indicating
waiting and eating places, providing access for the
disabled and contact information. The second stage,
the stage after coming to the building of the state
div, they should be well-equipped and informative
signs of the state div, polite and careful attitude of
employees, name and position cards, approximate
possibilities of being in the building (place for smokers
and non-smokers), list of all jobs be on a data board and
have personal security ensured.
The third stage, which is a phase of telephone
interaction, includes receiving calls from 9:00 to 17:00,
employees answering each call within 30 seconds, and
employee self-introduction processes. The fourth
stage is the process of providing public services, in
which the public authority undertakes to provide
public services as soon as possible and reviews the case
as soon as possible[28].
In 1997, the concept of "Modernized Government" was
adopted in the United Kingdom. The adoption of this
concept was driven by problems such as insufficient
accountability for the quality of public services,
methodological and methodological problems, lack of
monitoring of public services and weak relationships
between public service providers. At this stage, the
main focus was on the development of information
technology. The main direction of improving public
administration was the need to ensure electronic
access to public services, which are still carried out. In
addition to this concept, the "Modern Government"
program was adopted. The program focused on three
issues: a comprehensive approach to development,
taking into account national interests and the provision
of public services with careful consideration of the
interests of various social groups (the elderly, women,
people with disabilities, national minorities) [29]. These
reforms have taken public service delivery in the UK to
a new level. Today, the UK is considered one of the
most
developed
countries
in
e-government
services[30].
It should be noted that the Anglo-Saxon model became
known throughout the world as the "new public
management". The essence of this concept was
perfectly explained by E.V. Talapina. According to him,
the essence of the concept of "new public
administration" is the transfer of management
principles of private organizations to the system of
public administration[31].
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The United States is another country that has achieved
great success under the Anglo-Saxon model. Public
service reform has been hampered by bureaucratic
hurdles in government, inefficient use of the state
budget, high government influence in the economy,
and unsatisfactory public evaluation of public services.
Public service reform in the United States dates back to
the 1970s. In the 1990s, reconstruction began to
develop. It is associated with the name of U.S. Vice
President A. Gore. Under his leadership, the National
Activity Research Committee was established. At the
beginning of the reforms, proposals were received
from the entire state through an electronic platform.
The essence of the reforms in the United States was
based on the partnership between the state and
society.
The idea of a “free and democratic society” also played
an important role in the historical specificity of the
development of American society. Focusing on this
idea, the legislature decided to improve the quality of
public services by introducing competition between
public authorities and private businesses.
In 1998, the Law on Inventory of Functions of Federal
Bodies was adopted[32]. Under this law, the executive
bodies were instructed to analyze the whole complex.
It has been found that their functions can be delegated
to the private sector[33].
In the United States, the rules for providing and
performing certain functions have had a major impact
on improving the quality of public services. The
normative basis for this was the 1946 Law on
Administrative Procedures[34].
Canada, another country that has achieved significant
results in the system of public services, also belongs to
the Anglo-Saxon model. In Canada, public service
reform has been driven by the country's vastness,
uneven population density, cultural diversity, and the
federal structure of the state.
Canada has gone in areas such as reforming the legal
status of civil servants in public service reform and the
use of information technology in public service
delivery. Public service reform was carried out by the
Ministry of Public Works and the Department of Public
Services in the Executive Power. An Assessment
Service has also been set up to process citizens'
comments and complaints. In 1985, the Code of Ethics
was adopted. There were restrictions on the
prevention of conflicts of interest among civil servants
and on the receipt of gifts. A special place in the
electronicization of public services was taken by the
electronic program "Government Online", adopted in
2000. The main goal of this program was to ensure that
citizens have access to public services anywhere and at
any time. In turn, it aims to make government more
convenient, to allow the user to choose the format and
language of the service, and to provide secure public
services[35].
The 1-800 Canada Center has been set up to answer
questions from users of public services[36]. This center
has led users to make the right demands on public
services.
Most of the public services provided in Canada have
been transferred to state jurisdictions and private
entities. In particular, the issuance of driving licenses is
issued by private organizations. Today, the transfer of
these sectors to the private sector is a priority in
Canada's public service reform.
South Korea is another country that has developed
public services based on the concept of "new
governance". The development of public services in
this country is based on three principles: the
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introduction of market relations in public services,
productivity and customer-oriented public services.
The development of public services in South Korea is
based on the following trends: reducing government
influence on the economy, creating a competitive
environment in the provision of public services and the
formation of a consumer service system[37].
A review of the experience of foreign countries shows
that today most countries in the world aim to provide
comfortable living conditions for citizens by providing
appropriate quality public services. Currently,
improving the quality of public services abroad is
directly related to the reform of public administration.
In the most developed countries, there is a tendency to
centralize public administration. These measures are
aimed at attracting private funds and using private
opportunities to expand the capacity to perform public
functions. In some countries, public services are
provided to the private sector along with government
agencies. This has led to increased competition in
public services. In turn, the implementation of these
reforms in the United States and the United Kingdom
has led to lower prices and higher quality of public
services. However, there may be some risks in the
delivery of public services to the private sector. For
example, the industry may become commercial.
Therefore, it is necessary to develop public control in
this area. The analysis of foreign experience shows that
Uzbekistan is also effectively using the experience of
developed countries. For example, there is a system
similar to the structures established in Australia
(Centeliink), Canada (Access Centers), Poland
(Information Support Centers) and a number of other
countries. However, significant work still needs to be
done to provide public services. In this regard, it is
necessary to effectively use the experience of
countries such as Germany, England, Canada, France.
Thus, there are three models of legal regulation of
public services in the world (French, German and
Anglo-Saxon), and it is important to apply the positive
aspects of these models in the development of public
services in our country. It is also important to analyze
the scope of problems encountered in the
development of the industry in developed foreign
countries, and to choose the path to prevent these
problems is to study the experience of foreign
countries.
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