69
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
02
Pages:
69-73
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
ABSTRACT
The article proposes to make additional amendments to some legislative acts in order to further improve the
organization and conduct of mass events, strengthen measures to ensure the safety of citizens and public order during
their conduct, ensure the legality of the actions of internal affairs bodies and the National Guard during their conduct
on the basis of laws and other established normative legal acts. The general concept of a mass event is defined by the
author as socio-political conferences, congresses, cultural and entertainment programs of musical, literary and other
festivals, concert, theater, sports, advertising events, folk festivals, circus, national performances and games with the
participation of 100 or more people, as well as the participation of citizens organized at the venue of a mass event in
order to hold national, religious, professional holidays.
KEYWORDS
Mass event, the safety of citizens, mass political actions, territorial events.
INTRODUCTION
In the Republic of Uzbekistan, the highest value is the
life, freedom, honor, dignity and other inviolable rights
of every person. Any public event, meeting, rally and
demonstration, as well as the personal safety of
Research Article
GENERAL ACTION OF THE NATIONAL GUARD UNITS WITH THE LAW
ENFORCEMENT AGENCIES IN MAINTAINING PUBLIC ORDER DURING
PUBLIC EVENTS
Submission Date:
February 08, 2022,
Accepted Date:
February 17, 2022,
Published Date:
February 28, 2022
|
Crossref doi:
https://doi.org/10.37547/tajpslc/Volume04Issue02-12
Abdurashid Khudoyberdiev
Acting Associate Professor of the Department of Administrative Law of the Academy of the Ministry of
Internal Affairs of the Republic of Uzbekistan Doctor of Philosophy in Law (PhD), 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.
70
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
02
Pages:
69-73
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
citizens, the maintenance of public order and public
safety during their conduct must be in accordance with
the law and other established regulations.
As the President of the Republic of Uzbekistan Shavkat
Mirziyoyev emphasized, “the principle of the rule of
law enshrined in our Constitution is an important
guarantee of ensuring human rights and freedoms in
our society, the effective implementation of all reforms
[1]”. Ensuring public order in the life of our country is
the main task of law enforcement agencies [5]. Today,
the services of the National Guard of the Republic of
Uzbekistan in ensuring public order during public
events are growing. The procedure for ensuring the
socio-political and cultural rights of citizens is
established by the Constitution of the Republic of
Uzbekistan. Effective mechanisms play an important
role in maintaining public order and security during
public events. Paragraph 3 of the Resolution of the
Cabinet of Ministers of the Republic of Uzbekistan
dated July 29, 2014 №205 “On measures to further
improve the organization and conduct of public
events”, which is the legal basis for public events in the
Republic of Uzbekistan in accordance with current
regulations socio-political (conferences, conferences,
congresses, etc.), cultural-mass and entertainment
programs (music, literary and other festivals, concerts,
theater, sports, advertising events, with the
participation of at least 100 and more people). public
festivals, circuses, national demonstrations and games,
contests, etc.), as well as the joint participation of
citizens in the object of public events for the purpose
of holding national, religious, professional holidays"
[6]. If we consider that today in Tashkent alone there
are about a hundred weddings and ceremonies, and
such events are attended by 500 or more people, and
fire safety, traffic safety, public order and safety in
these places is the responsibility of only one div, the
Interior Ministry we can see that it is the responsibility
of the authorities. President Shavkat Miromonovich
stated that the services of the National Guard will be
carried out in cooperation with law enforcement
agencies to ensure public order in public places and
designated areas. At present, public order is being
ensured in cooperation, but there is still no legal basis
for this. More than 400 people often take part in
religious ceremonies and Friday prayers, which are held
every Friday in the mosques of the country in Tashkent.
None of these measures meet the security
requirements of the rules of "public events" and there
are shortcomings in the distribution of forces and
equipment of law enforcement agencies. Therefore, it
is expedient to amend the Resolution of the Cabinet of
Ministers № 205 of July 29, 2014 "On the rules of
holding public events" to include the rights and
obligations of the National Guard and the State
Security Service. Article 33 of the Constitution of the
Republic of Uzbekistan also clearly states that public
events are held in accordance with the law: “Citizens
have the right to carry out their social activities in the
form of rallies, meetings and demonstrations in
accordance with the laws of the Republic of
Uzbekistan. The authorities have the right to suspend
or prohibit such activities only for security reasons”[7].
The system that arises as a result of the
implementation of administrative-legal, criminal-legal
and socio-legal norms between the bodies of public
order and the public is the system of social relations
[8]. Insulting citizens with obscene language during
public events, harassing citizens and other similar acts
that violate public order and public order are classified
as petty hooliganism, if these actions do not require
the application of criminal sanctions. Minor
hooliganism is punishable by an administrative fine or
a
correctional case,
if,
depending
on
the
circumstances, the identity of the violator is found to
be insufficient to apply these measures. The times are
changing rapidly. In the current context of a new stage
71
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
VOLUME
04
I
SSUE
02
Pages:
69-73
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
of development, it is repeatedly emphasized that "...
we must organize our activities under the motto" Our
great future begins today "and use all our strength and
potential to ensure the well-being of our people" [9].
One of the main features of public order and security in
public events is the participation of people (public)
(active or spectator), and organized mass actions with
predetermined goals, initiated by certain entities, and
the venue of public events is self-contained. is a public
place.
According to the Russian jurist DA Korotchenkov, the
legitimacy or illegality of an event is also important in
ensuring public order and safety during public events
[10]. From the point of view of the nature of organized
mass movements, it makes sense to divide them into
legal and illegal types. This process would also clarify
the definition of the rights and responsibilities of the
National Guard and the State Security Service. In other
words, public order is mainly aimed at ensuring the
personal safety and security of citizens in public places,
the normal functioning of state organizations and
public associations, the protection of constitutional
rights, human dignity and social morality. is defined as
a system of voluntary social relations that is formed
and developed on the basis of law and other social
norms. In short, we believe that the concept of
personal security of citizens can be defined as the state
of protection of every citizen from unlawful
encroachment on his life, health, rights and freedoms,
dignity, identity and inviolability of the home.
Lawyer S. Akhmedova “described the police's focus on
maintaining public order, saying that maintaining
public order would ensure the safety of citizens” [11].
In our opinion, this definition now includes the notion
that the security of citizens will be ensured if the law
enforcement agencies, the National Guard and the
State Security Service fulfill their obligations to ensure
public order and safety of citizens during public events
within the law and in good faith.
Maintaining public order in any state is an integral part
of public administration. It is therefore important to
consider it from a variety of perspectives, including the
definition of the object of control and the methods of
exposure. In the process of maintaining public order,
various forms of influencing people's behavior, specific
to government agencies and public organizations, are
used.
They
can
be
administrative-legal
or
organizational in nature. Administrative-legal forms of
influencing people's behavior are carried out through
the adoption of normative documents by authorized
and officials.
First of all, the Republic attaches great importance to
the timely elimination of the causes and conditions
that contribute to the violation of public order,
drunkenness and hooliganism and other illegal actions
against society. The interaction of law enforcement
agencies and national guard units in maintaining public
order in the conduct of public events is currently not
clearly defined. The security service at the disposal of
the police was subordinated to the National Guard and
the Fire Safety Service to the Ministry of Emergency
Situations, which, of course, caused some difficulties in
conducting public events. According to legal scholars
who have conducted scientific research, the complex,
complex nature of the spheres of public order and
security necessitates the creation of various means and
methods of their protection. Based on the specifics of
measures to regulate social relations in the studied
areas, the following types of protection of public order
and public safety are distinguished: administrative-
legal, operational-search, criminal-legal and civil-legal
[12]. “Law is a system of universal rules of conduct
established or approved by the state and protected by
its force. The legal system is a set of legal norms that
72
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
02
Pages:
69-73
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
are diverse but interrelated. The regulation of social
relations by legal norms is called legal regulation” [2].
Legal norms have certain advantages over other forms
of social regulation of collective relations. Their
distinctive features are determined by the accuracy,
clarity of decisions, prohibitions and restrictions, and
the guarantee of their execution. The behavior of
members of society is measured, first of all, by a legal
criterion reinforced by the necessary morality and
evaluated on the basis of its requirements.
In his speech, President Mirziyoyev said: “At the same
time, the current difficult times make the issue of
preserving and strengthening our peaceful life and
ensuring the guaranteed security of our people even
more urgent [3]. The current state of the legislation of
the Republic of Uzbekistan in the field of protection of
public order is characterized by its high dynamics of
development in all spheres of life of the state and
society, radical renewal of the legal framework. In the
words of the President, “ensuring the peaceful life of
the population, combating crime and delinquency,
maintaining public order is the most important task
today” [4]. In the field of administrative law,
administrative regulation consists of two stages,
divided into stages of installation and implementation.
Administrative-legal regulation is interpreted as a norm
that is implemented in both stages.
The current legal norms in the field of protection of
public order are divided into two main groups,
depending on the scope of regulation of relations:
1)
Legal norms regulating the behavior of citizens in
the field of protection of public order, establishing
responsibility for their violation;
2)
Norms defining the tasks, powers, forms and
methods of activity of state bodies for the
protection of public order, their officials.
Legislation in the field of public order imposes liability
for non-compliance and prohibits certain actions. In
particular, Chapter 15 of the Code of Administrative
Responsibility of the Republic of Uzbekistan
establishes administrative liability for offenses that
violate public order. Based on the analysis of the
above-mentioned problems, a law on holding public
events should be adopted by now. This law should fully
reflect the rights and obligations of law enforcement
agencies and units of the National Guard in conducting
public events, as well as the Resolution of the Cabinet
of Ministers of July 29, 2014 No 205 "On the rules of
public events:
1)
After the words "law enforcement agencies" add
the words "units of the National Guard and other
government agencies of the Republic of
Uzbekistan";
2)
To determine the rights and obligations of the
National Guard of the Republic of Uzbekistan and
the State Security Service to ensure public order
and safety in the process of holding public events.
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Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
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VOLUME
04
I
SSUE
02
Pages:
69-73
SJIF
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(2020:
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(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
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