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The American Journal of Political Science Law and Criminology
(ISSN
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SJIF
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The USA Journals
ABSTRACT
This article analyzes the concept of a trade union and its legal nature, the role and importance of trade unions as an
institution of civil society in Uzbekistan, the functions and basic principles of trade union activity, the organizational
and legal foundations of trade unions. The article also provides a constitutional and legal analysis of the concept of a
trade union and its legal nature, an analysis of the functions and basic principles of trade union activity, a study of the
stages of development of the legislative system of trade unions in Uzbekistan, organizational and legal issues of trade
union activity, a study, an analysis of the legal nature of documents adopted by trade unions, comparatively - legal
analysis of foreign experience in organizing trade union activities, determining priority areas for improving trade union
activities, developing proposals and recommendations for improving the legislation governing this activity, and other
issues were also analyzed.
KEYWORDS
Trade union, trade union activity, self-governing bodies of citizens; religious organizations; national and cultural
centers; voluntary societies, civil society institutions, labor protection requirements.
Research Article
THE ROLE AND IMPORTANCE OF TRADE UNIONS AS AN
INSTITUTION OF CIVIL SOCIETY IN UZBEKISTAN
Submission Date:
January 09, 2022,
Accepted Date:
January 20, 2022,
Published Date:
January 30, 2022
Crossref doi:
https://doi.org/10.37547/tajpslc/Volume04Issue01-04
Avezov Umidjon Toshpulatovich
Independent researcher of the 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.
20
Volume 04 Issue 01-2022
The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
VOLUME
04
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01
Pages:
19-26
SJIF
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(2020:
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(2021:
5.
952
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OCLC
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1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
INTRODUCTION
Civil society, along with the state and business, is the
“third sector” of society. It includes civil society
institutions and non-governmental organizations. The
UN recognizes the importance of cooperation with civil
society and promotes the ideas of civil society [1].
Although the state is not part of civil society, it creates
the necessary conditions for its normal, orderly
functioning. The state refrains from regulating the life
of civil society, because the state, which considers
itself legal, obeys only the law.
At the same time, there is no consensus on the concept
of “civil society institutions”. In the current legislation,
there is no final rule explaining the essence of this term
[2]. A number of scholars expressed their opinion on
the content of civil society institutions. In particular,
according to L. Yu. Grudtsina, the institutions of civil
society are made up of its constituent elements
(individuals) and their activities are primarily aimed at
the realization and protection of their rights and
freedoms by individuals, the solution of common tasks
in all spheres of public life social groups that create
relationships, secondly, can influence state institutions
and are able to protect citizens from their
unreasonable interference in public life. According to J.
Shirinov, the institution of civil society is a structure of
human society formed on the basis of common goals
and voluntary participation of participants, the main
activity of which is not focused on generating income
(profit), independent of the state, politically
independent and economically free [3].
Summarizing the above, it should be noted that civil
society institutions are politically independent
institutions that serve the development of civil society,
which excludes excessive state interference in public
life, sanctioned by the mechanism of effective public
control over state power. Currently, the concept of civil
society institutions is used in more than 50 current
regulatory legal acts of the Republic of Uzbekistan. Of
these, 20 codes and laws, 20 decrees and resolutions of
the President of the Republic of Uzbekistan, 8
resolutions of the Cabinet of Ministers and 2
departmental and regulatory documents [4].
Civil
society
institutions
-
various
voluntary
associations, unions and public organizations,
relatively independent of the state, self-governing,
representing the rights, freedoms and legitimate
interests of a person and citizen, realizing their needs.
In turn, the role and importance of civil society
institutions in the life of our society is reflected in:
represents the interests of various social groups of
the population;
is an important factor in strengthening democratic
values in the minds of citizens, increasing their
political and civic activity, expanding and
deepening the scale of democratic reforms in the
country;
are the main means of public control over the
activities of state and power structures;
the use of their capabilities in understanding the
national identity, political and legal culture and the
national worldview of members of society, the
implementation of the national idea and the
ideology of national independence;
are equal social partners of the state in the
implementation of issues of public importance;
A developed system of non-governmental non-
profit organizations determines and strengthens
the harmony of interests in society [5].
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Public associations play an important role among civil
society institutions. They make a worthy contribution
to the ongoing reforms in our country, to the
development of our country.
Civil society institutions operating in our country can be
classified according to the following criteria [6]:
Structures that meet the interests of the economic
sphere: non-governmental organizations created
and operating on the basis of private property;
rental teams; joint-stock companies; financial
funds and associations; production corporations,
concerns and associations; business associations
(chambers) and others;
Structures representing interests in the social
sphere: special organizations representing the
family and its interests; educational institutions
(schools, secondary specialized and higher
educational institutions); public associations, non-
governmental
organizations;
self-governing
bodies of citizens; independent media; religious
organizations; national and cultural centers;
voluntary societies; public opinion research
institutes; structures that fairly resolve various
social conflicts, etc.
Institutions and structures representing interests
in the political sphere: political parties; socio-
political movements; presence of political
opposition; human rights institutions, etc.
The specificity of trade unions determines their role
and place in the system of civil society institutions.
According to the Russian scientist A.Mironov, trade
unions cannot be excluded from the political life of
society. Indeed, through the system of developing and
discussing bills, trade unions participate in creating a
legal framework for protecting the rights and interests
of workers and influencing the socio-economic policy
pursued by the authorities [7].
Trade unions in Uzbekistan are one of the largest and
most popular public associations and represent social
and economic interests.
At the same time, the law enshrines the right of civil
society institutions to exercise public control. In
particular, legislation on the activities of trade unions,
self-government bodies and other institutions of civil
society regulates the procedure for exercising public
control.
In this regard, according to J.Shirinov, the Law of the
Republic of Uzbekistan “On Trade Unions” adopted on
December 6, 2019 increased the role of trade unions in
protecting the socio-economic rights of citizens. It
should be noted that a separate section of the law is
devoted to the exercise of public control by trade
unions. In order to exercise public control over the
industry, trade unions were given the right to create
special inspections [8].
As an institution of civil society, trade unions, as
institutions of civil society in the social sphere, carry
out activities aimed at realizing the socio-economic
rights of citizens.
Civil society institutions in our country note the
emergence
of
non-governmental
non-profit
organizations in the form of charitable foundations.
After the introduction of Islam on the territory of
modern Uzbekistan in the Middle Ages, philanthropy
has been an integral part of people's lives for many
centuries. In Uzbekistan and other countries of Central
Asia, public associations and other public institutions
have manifested themselves mainly in the form of self-
government bodies - mahallas. In 1924-1925, a number
of public organizations emerged in Uzbekistan, such as
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the Komsomol, trade unions, the Women's Committee,
which were guided by their goals, ideas and ideology.
The first stages of trade union activity in Uzbekistan
can be recommended in connection with the desire of
trade unions in the post-Soviet space in the late 80s
and early 90s to become independent in all spheres of
public life.
At that time, the unions were forced to obey and act in
accordance with the decisions of the Center, even if
they were contrary to the interests of local workers.
As soon as the Republic of Uzbekistan gained its
independence, it declared to the international
community that its ultimate goal was the formation of
a free civil society and the rule of law. Therefore, in the
conditions of civil society and the rule of law,
conditions are created for the comprehensive
development of the individual, the comprehensive
protection of human rights and freedoms. In the
process of achieving this goal, it is important to
strengthen and enhance the structural institutions of
civil society, in particular the role and place of public
organizations in society. “If the state does not allow
civil activity or create conditions for the activity of
various non-governmental and public associations in
identifying and solving such problems, building a civil
society will remain problematic. Paying special
attention to the role and importance of civil society
institutions, President Mirziyoyev said at a joint
meeting of the Oliy Majlis on the occasion of the
inauguration of the President of the Republic of
Uzbekistan: We believe that citizens self-government
bodies - mahallas, as well as non-governmental
organizations, free and impartial media - will play an
active role. In implementing the important principle
“from a strong state to a strong civil society”, “we rely
primarily on the strength and capabilities of these
social institutions”. That is why in countries with a
developed civil society, public organizations operate in
all spheres of public life [9].
Significant steps have been taken to form a civil society
and provide all possible support to its institutions. In
particular, in accordance with the Decree of the
President of the Republic of Uzbekistan “On measures
to promote the development of civil society
institutions in Uzbekistan” (June 23, 2005), a very
diverse civil society The creation and development of
institutions is a very important task in building a
democratic rule of law, an open civil society with a
developed market economy in Uzbekistan [10].
The distinctive features of trade unions in Uzbekistan
as institutions of civil society are reflected in the fact
that trade unions use material resources only in the
interests of society, trade unions exercise public
control over state bodies and officials, and contribute
to further strengthening the foundations of civil
society in the country to represent the interests of
employees.
It is known that the essence, content and purpose of
any organizational structure are expressed in the
functions and directions of its activities. In particular,
the functions of trade unions are also reflected in their
influence on society through the implementation of
certain activities. In this regard, trade unions, which are
one of the most massive forms of public organizations,
also have a significant impact on the social
development of society.
The above analysis of the functions performed by trade
unions shows that today the activities of these
institutions to protect the rights of workers in the labor
sphere are carried out mainly through the following
mechanisms: bilateral or multilateral agreements,
collective conclusion of agreements and labor
agreements, social partnership and others.
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In accordance with the law, the functions of trade
unions for labor protection include:
participation in the investigation of accidents at
work and occupational diseases;
make proposals to the employer on the suspension
of work in cases of danger to the life and health of
employees, as well as on the elimination of
violations of labor protection requirements;
study of the state of labor protection, control over
the fulfillment of the obligations of employers on
labor protection, provided for by collective
agreements and contracts;
participation in the examination of the safety of
working conditions at designed, constructed,
reconstructed and operated production facilities,
as well as in the examination of the safety of
designed and operated means of production;
participate as independent experts in the work of
commissions for testing and adjustment of
production facilities and means of production;
participation in meetings of the medical and labor
expert commission;
participation in the development of draft
regulations and technical regulations in the field of
technical regulation and labor protection;
apply to the relevant authorities with a demand to
bring to justice those responsible for violating
labor protection requirements, concealing the
facts of accidents at work;
the right to compensation for harm caused to the
employee by disability or other damage to his
health in connection with the performance of his
duties, and in other cases when the employee's
rights to health and work are violated, the right to
claim in defense of the employee's rights.
An analysis of Article 30 of the Law of the Republic of
Uzbekistan “On Trade Unions” shows that trade
unions also perform economic functions. The employer
promptly, at least two months in advance, informs the
relevant trade union or the trade union representing
the interests of employees about the possibility of
mass dismissal of employees and consults on
mitigating the consequences of dismissal. Trade unions
and their associations have the right to submit
proposals to local self-government bodies to suspend
the employer's decision on the mass dismissal of
workers for up to six months. An analysis of these
norms shows that trade unions have the opportunity
to receive up-to-date information about the economic
problems of the employer, overcome the economic
crisis and make proposals for improving management.
In order to exercise these rights, trade unions have the
right to receive free information about the socio-
economic rights and interests of employees from state
bodies, their officials and employers in order to carry
out their statutory activities in accordance with the
law. Thus, today in the process of deploying
democratic reforms, the formation of civil society, an
important factor is the role of trade unions in the
economic function. Because trade unions, through
their economic function, effectively influence the
activities of the employer and the enterprise,
overcoming the economic crisis and making proposals
for improving management.
From the experience of foreign countries, we see that
trade unions strengthen their political functions
through the formation of political parties. For example,
in 1900 the British trade unions formed their own
political
party,
the
Committee
of
Workers'
Representatives, and in 1906, the Labor Party. Trade
unions directly finance this party. Most workers in
Sweden The Swedish Trade Union Confederation
provides the political leadership of the Swedish Social
Democratic Party [11].
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The auxiliary functions of the trade unions include: the
function of the socialization of labor; expert advisory
function; information and analytical function; teaching
function;
communicative
function;
economic
functions, etc.
In the period of transition to a market economy,
changes in the course of reforms, innovative
innovations, the importance of the expert advisory
function of trade unions increases. Trade unions play
an important role in improving the legal literacy of
workers by studying regulations, participating in the
development of technical and organizational projects,
economic programs and shaping the legal outlook of
their members on labor rights, pensions, social
insurance and other social and legal issues,
performance of tasks.
It should be noted that the role of social relations in the
implementation of equal interactions of employees in
the context of human and professional requirements is
of particular importance. A special place in this
communication is given to the communicative function
performed by trade unions. Consequently, the
consolidation of workers is achieved through various
meetings, conferences, conferences organized by
trade unions on socio-political, legal, cultural issues.
Trade unions also perform their economic functions as
separate legal entities. In the process of privatization,
the form of ownership of many social facilities has
changed, but they also include a number of
independently funded structures in the field of
cultural, educational, medical, preventive, physical
culture and sports. At the same time, today trade
unions carry out commercial activities through paid
services, renting buildings and structures, and opening
private enterprises.
In our opinion, in addition to these principles, the
legislation provides for the observance of financial
discipline by trade union bodies and trade unions,
collegiality in the work of trade unions and trade union
bodies and personal responsibility of elected officials,
solidarity, mutual assistance and responsibility. trade
unions should also be reflected in legislation.
The principle of financial discipline of trade union
bodies and trade union organizations ensures the unity
of trade union financial policy, and this principle is
important for understanding the economical, efficient
and targeted use of trade union funds.
In the work of trade union organizations and trade
union bodies, the principle of collegiality and personal
responsibility of employees elected to trade union
bodies establishes a balance between the rights and
obligations of members of the collegial trade union
div.
The principle of solidarity, mutual assistance and
responsibility of trade unions is important in that it
determines that the provisions of the charter of the
trade union have direct effect and apply to all members
of the trade union, trade union organizations and their
elected bodies.
In conclusion, it should be noted that the essence,
content and purpose of trade unions, their specific
features are expressed in the basic principles that
determine its functions and activities. The functions of
trade unions are reflected in their influence on the life
of the state and society through the protection and
promotion of the rights and interests of their
members. It is obvious that the improvement of the
legal base of the functions and principles of trade
unions, which are one of the main forms of public
associations in the regulation of public relations, serves
to increase their place and role in civil society.
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Summarizing approaches to the essence of a trade
union as a public association and a non-governmental
non-profit organization created on the initiative of
citizens, we can draw the following conclusions:
A trade union is a public association of workers who
voluntarily unite to protect the rights and socio-
economic interests of workers in labor relations, to
maintain and improve working conditions.
Based on the analysis of the legal nature of trade
unions, they have the following features: the legal
status of trade unions (unlike other public
associations) is enshrined in the Constitution of the
Republic of Uzbekistan; the legal status, rights and
obligations of trade unions are also regulated by the
legislation on related non-governmental non-profit
organizations and public organizations; voluntary
composition of citizens in order to express their rights
(social, economic, cultural, educational, political)
related to the general professional interests of their
activities or type of education; create and act directly
in labor collectives in accordance with the current
legislation, unlike other public organizations; is an
institution of civil society representing political
interests in terms of representing the socio-political
interests of citizens in the field of ensuring labor rights;
unlike other types of public organizations, a trade
union can only be created by natural persons and
cannot be created in any other way.
In Uzbekistan, trade unions are guided by the
Constitution, a special law and the Labor Code in
accordance with the Social Partnership Model. The
activities of trade unions in the Republic of Uzbekistan
are coordinated by the Federation of Trade Unions of
the Republic of Uzbekistan, created for the joint
implementation and protection of the rights and
interests of its members.
The functions of industrial injuries include the
following: the function of labor protection;
representative function; cultural and educational
function; social function; economic function; political
function; control function.
Currently, the priority and urgent issues of improving
the activities of trade unions in the country are: further
simplification of the procedure for state registration of
trade unions, establishing a constructive dialogue
between employers and trade unions, introducing
modern mechanisms of trade union activity. trade
union activities. Improving the legal framework of
public control, improving the functions of trade unions
in conditions of social partnership, implementing
international agreements on labor relations in national
legislation and developing trade union legislation on
gender equality, youth and social and labor issues,
improving the legal framework for participation in the
procedure.
REFERENCES
1.
https://www.un.org/en/sections/resources-
different-audiences/civil-society/index.html.
2.
Yakubov Sh. Legal mechanisms of interaction
between the state and civil society institutions /
Monograph. - T .: “UROK PRESS”, 2018. – P. 16-17.
3.
Shirinov J. Legal basis for organizing the activities
of non-governmental non-profit organizations in
Uzbekistan as an institution of civil society// doc.
diss... - Tashkent: TSUL, 2021. – P. 23.
4.
Shirinov J. The concept and structure of civil
society institutions // Democratization and human
rights. -T., - 2018. - №. 1. – P. 24-28.
5.
Odilkoriev Kh. The constitution and the dream of
a harmoniously developed generation. -T .:
“Teacher”, 2012. – P. 184-185.
6.
Akhmedshaeva M., Ruzinazarov Sh., Najimov
M.K., Sattarova G., Saidullaev Sh.A., Tukhtaboev
26
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)
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Publisher:
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S.N. Institutions of social partnership and public
control in Uzbekistan: theory and practice.
Monograph. - Tashkent: TSUL, 2016. – P. 160.
7.
Mironov A., The collective agreement in the new
legal framework // Profodaozy. 2003. No. 1. – P. 16-
18.
8.
Shirinov J. Legal basis for organizing the activities
of non-governmental non-profit organizations in
Uzbekistan as an institution of civil society// doc.
diss... - Tashkent: TSUL, 2021. – P. 59.
9.
Mirziyoev Sh.M. Speech at a joint meeting of the
chambers of the Oliy Majlis, dedicated to the
inauguration of the President of the Republic of
Uzbekistan.
10.
Decree of the President of the Republic of
Uzbekistan “On measures to promote the
development of civil society institutions in
Uzbekistan” dated June 23, 2005 // Bulletin of the
chambers of the Oliy Majlis of the Republic of
Uzbekistan. 2005. №. 6.
11.
http://files.school-
collection.edu.ru/dlrstore/f32e1cd3-7f4a-36d8-
50be0 6363 bdd823a/1010983A.htm.
