The USA Journals Volume 03 Issue 12-2021
124
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 30, 2021 |
Pages:
124-129
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-19
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
The article analyzes the concept, content, classification of administrative regulations, the scientific
views of foreign and domestic law scholars on the mechanisms of administrative regulation, as well as
their role in the legal support of internal affairs bodies. Moreover, the author develops proposals and
recommendations for the introduction and enforcement of administrative regulations.
KEYWORDS
Law, Execution Of Law Enforcement, Regulation, Administrative Regulation, Internal-Organizational
Regulation, Foreign Cooperation Regulation, Administrative-Regulatory Regulations, Administrative-
Protective Regulations, Mixed Administrative Regulations, Public Services, Administrative Procedures,
The Concept Of Administrative Reform, Normative-Legal Documents, Legal Support Of The Activities
Of Internal Affairs Bodies.
INTRODUCTION
It is obvious that the institution of
administrative regulations is an important
means
of
legal
regulation
of
public
administration. According to the researches,
administrative regulations fully regulate the
activities of state servants, ensure the
transparency of the executive branch, reduce
corruption and its causes, as well as optimize
their activities and increase their efficiency
[1].The analysis shows that the concept of
administrative regulation is given differently in
the
studied
sources.
In
particular,
Administrative Regulation – Is A Legal Measure Determining
The Mechanisms Of Law Enforcement
Elbek Usmonjonovich Azizov
Independent Researcher, Academy Of The Ministry Of Internal Affairs Of The Republic Of
Uzbekistan, Tashkent. 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.
The USA Journals Volume 03 Issue 12-2021
125
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 30, 2021 |
Pages:
124-129
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-19
I
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2021:
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“administrative regulation on the performance
of state functions is a mandatory procedure for
actions (decisions) of the executive div, its
structural units and officials to exercise their
powers in the performance of state functions”
[2], “Administrative regulation is an official
document regulating the provision of services
to citizens and organizations by government
agencies” [3], “regulation - determines the
order of work of government agencies and
organizations, as well as the procedure for
administrative procedures by government
agencies and organizations” [4] .
In our view, it is expedient to clearly define the
powers, rights and liabilities of the bodies
authorized
to
implement
and
issue
administrative regulations, its responsible
employees, the possible forms of internal
interaction of different authorities at all stages
of the decision-making process.
The following features are regarded in
connection
with
the
administrative
regulations: firstly, the legislation defines
administrative procedures as an executive
document,
aimed
at
regulating
their
application, in particular, regulates relations
related to the provision of public services to
individuals and legal entities; secondly, it
should reflect not the material norms, but the
norms of administrative procedures, including
the
order,
timing
and
sequence
of
implementation of public services, a sample of
documents; thirdly, it should not refer to other
normative legal acts, except for references to
laws [5].
MATERIALS AND METHODS
The studies show that the introduction of
administrative regulations in the system of
internal affairs bodies: a) it allows full
implementation of norms of law, as well as
rules that are an integral part of the norms in
public life; b) it clearly defines the principles,
forms and methods of law enforcement, the
main stages, the tasks, functions and powers
of the subjects implementing it; c) it allows
individuals and legal entities to monitor
compliance
with
the
procedures
for
consideration of their appeals; d) this ensures
openness and transparency in the activities of
internal affairs bodies and exercise public
control.
It can be observed that the influence of
administrative regulation as a mechanism for
the implementation of legal norms in foreign
countries is high [6]. In Russian scientific
publications, administrative regulations are
mainly divided into two groups: on the one
hand, internal regulations of the executive
authority [7]; on the other hand, administrative
functions and public regulations for the
provision of public services [8].
RESULTS AND DISCUSSION
The administrative regulations of the executive
authorities are classified as follows in the
researches [9]:
a)
According to the purpose of administrative
regulations: 1) regulations on cooperation
of executive authorities; 2) internal
organizational regulations of executive
authorities;
3)
regulations
on
administrative and public functions;
b)
According to the principle of the federal
state: 1) administrative regulations of the
system of executive authorities; 2)
administrative regulations of the subjects
of executive authorities;
The USA Journals Volume 03 Issue 12-2021
126
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 30, 2021 |
Pages:
124-129
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-19
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2021:
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c)
Depending
on
the
administrative
competence of the executive authorities:
1) Administrative regulations of ministries;
administrative regulations of the civil service;
administrative regulations of agencies;
d)
Depending on the purpose of the
administrative and legal functions assigned
to
the
executive
authorities:
1)
administrative and regulatory regulations;
2) administrative-protective regulations; 3)
mixed administrative regulations;
e)
Depending on the administrative-public
functions
assigned
to
executive
authorities, subjects responsible for their
implementation:
1)
regulations
of
performance of administrative and public
functions on appeals of individuals and
legal entities - administrative regulations of
rendering of the state services; 2)
administrative
regulations
for
the
performance
of
public-administrative
functions related to the decision or appeal
of state bodies, local self-governing bodies,
extra-budgetary funds; 3) administrative-
service (within the organization and
system) regulations of the executive
authorities.
The scope and subject of legal regulation of
laws
on
administrative
procedures
differentiate considerably from country to
country. In some countries (Switzerland,
Germany) administrative procedures apply
only to individual administrative documents,
while in others (USA, France) they also regulate
the stages of preparation and adoption of
normative legal acts.
Some administrative issues may not be
covered
by
general
legislation
on
administrative procedures. In many countries,
especially in Germany, the institution of
administrative procedures does not apply to
internal organizational procedures, as its task is
primarily
aimed
at
strengthening
the
participation of citizens in decision-making
management.
According
to
the
Finnish
Law
“On
Administrative procedures and rules” of 2003,
the internal rules of the administration do not
apply to the execution of military orders, court
proceedings, pre-trial investigations, police
investigations and enforcement measures.
The provisions of the law on administrative
procedures do not apply to actions related to
national defense, foreign trade, taxation in
Hungary.
It should be highlighted that in all countries,
administrative regulations are related to the
development of decisions affecting the rights
and legitimate interests of citizens [10].
Researches show that in the era of
globalization, not only the institution of
administrative regulations, but also different
approaches to defining the scope, content and
methods of its legal regulation have been
formed. In particular:
a)
Many Western European countries with a
stable tradition of bureaucratic regulation
(especially Austria, Germany, Spain) have
resorted to the method of detailed
regulation,
systematization
and
codification of administrative procedures.
b)
Depending on the subject and scope of the
administrative procedure, many states:
adopt regulations; adoption of individual
The USA Journals Volume 03 Issue 12-2021
127
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 30, 2021 |
Pages:
124-129
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-19
I
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F
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2021:
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legal documents; public services. In some
countries, administrative procedures are
classified according to the areas of activity
of
administrative
authorities:
administrative procedures in the field of
economics, the conduct of disciplinary
proceedings, etc.
c)
The law establishes the following
procedures in the Republic of Kazakhstan:
decision-making and execution by state bodies
and officials in the implementation of state
functions and service obligations; organization
of the state apparatus; consideration of
applications of citizens for the exercise of their
rights; procedures for protecting the rights and
legitimate interests of citizens; decision
making in the field of economics [11].
d)
The Anglo-Saxon countries, on the other
hand, only define the general principles of
administrative procedures and require the
state apparatus to act fairly, thereby
strengthening the principles of natural
justice and supplementing them with
special guarantees.
e)
Guarantees of a fair administrative process
in New Zealand include: 1) giving the
person concerned the opportunity to
provide relevant information; 2) provide an
opportunity for the person to give their
explanations and comments before the
decision is made; 3) prevention or
resolution of conflicts of interest; d)
independence in the consideration of the
case and decision-making; 4) obligation to
act without delay [12].
It should be outlined that France is one of the
brightest representatives of the codified legal
countries, refusing to codify administrative
procedures on “the principle of legal security,
high level of protection of citizens` rights,
simplification of staff and simplification of
control over the rule of law” [13].
The French State Council defined the
administrative procedures as impartiality, non-
retroactivity of administrative documents, the
possibility of complaining about the abuse of
power, the right to judicial protection, the right
to appeal to a higher authority.
The Belarusian state establishes the principle
of priority of citizens` rights and freedoms over
administrative procedures. This approach is
rejected in some foreign countries, because
they believe that the function of administrative
procedures is to achieve a balance between
the interests of the public and the individual,
rather than setting priorities. In this regard, the
Latvian Law on administrative procedure
provides for the principles of respect for
individual rights and procedural justice.
In this regard, our national legislation, in
particular the Law of the Republic of
Uzbekistan “On Administrative procedures”
(January 8, 2018) [14] provides for the rule of
law in relations with administrative bodies,
ensuring the rights and legitimate interests of
individuals and legal entities.
In addition, the law stipulates that the
legislation establishing special administrative
procedures should not worsen the situation of
individuals and legal entities as a rule.
It should be noted that this law clearly defines
the areas of application and non-application of
its norms. According to it:
1)
The norm applies to administrative and
legal activities of administrative authorities
in relation to interested persons, including
The USA Journals Volume 03 Issue 12-2021
128
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 30, 2021 |
Pages:
124-129
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-19
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licensing,
permitting,
registration
procedures, other procedures related to
the provision of public services, as well as
other administrative and legal activities in
accordance with the legislation;
2)
The norm does not apply to relations
arising in the field of other activities related
to the application of measures, litigation,
proceedings on administrative offenses;
preparation and adoption of normative
legal acts, collection of taxes and other
obligatory
payments,
civil
service,
referendums, elections, defense, public
security and law enforcement, as well as
operational
search
activities,
interrogations, preliminary investigations,
criminal coercion.
3)
The legislation on appeals of individuals
and legal entities shall not apply to
relations within the scope of this Law.
As a final rule of the Law of the Republic of
Uzbekistan “On Administrative procedures”,
unless otherwise provided by law, the specifics
of the activities of administrative bodies on the
resolution of administrative cases, the
adoption of administrative and procedural
documents, the execution of administrative
documents, as well as the approval by the
Cabinet of Ministers of the Republic of
Uzbekistan of administrative regulations on
the
consideration
of
administrative
complaints, taking into account the specifics of
the activities of administrative bodies.
CONCLUSION
The analysis shows that currently 34 public
services provided by internal affairs bodies are
provided in the traditional way, 7 through the
Single interactive public services portal and 5
types of services through the Public service
centers. Only 2 of these public services,
including administrative regulations for the
provision of public information on the
provision of information on convictions and
address information, have been approved [15].
The results of the research show that there is a
need for administrative regulations, along with
laws
governing
the
relationship
of
administrative authorities in the field of
internal and external activities, aimed at their
effective implementation.
In conclusion, it should be noted that, first of
all, the development of administrative
regulations, which provide a mechanism for
law enforcement, in which management
serves to determine the scope of decision-
making powers, the procedure for its
implementation; secondly, the introduction of
an
administrative
regulation
or
a
corresponding norm in the Law of the Republic
of Uzbekistan “On regulatory legal acts”;
thirdly, the creation of an electronic system for
the
implementation
of
administrative
regulations; lastly, the establishment of special
training for the organization and enforcement
of laws in the system of internal affairs bodies
will serve to increase the effectiveness of law
enforcement in the future.
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The USA Journals Volume 03 Issue 12-2021
129
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 30, 2021 |
Pages:
124-129
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-19
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