The USA Journals Volume 03 Issue 11-2021
69
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
November 30, 2021 |
Pages:
69-73
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue11-10
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
As a result of comprehensive reforms implemented in our country within the framework of
the Action Strategy and the Concept of Administrative Reforms, the powers of public
administration and executive bodies have been reconsidered. In particular, the powers in the
regulation of migration have been further expanded and aimed at fundamentally solving
problems in this area. This article provides a legal analysis of the system and powers of public
administration and executive bodies in the legal regulation of migration, and offers
recommendations for improving some of the powers of these bodies.
KEYWORDS
Public Administration, Executive Power, Powers, Regulation Of Migration, Migrant, Citizen,
Protection Of Rights.
INTRODUCTION
Migration relations, as an object of legal
regulation, give the institutions performing
the function of public administration the
authority to manage and regulate these
relations. In addition to the adoption of
normative legal acts, public administration
bodies also have executive-administrative
powers related to the movement of
people, control over the provision of public
services. State authorities protect the
Legal Analysis Of Powers Of Public Administration Bodies In
The Field Of Migration
Sakhipjamal Djalgasovna Djoldasova
Doctor Of Philosophy (PhD) In Law, Assistant Professor, Independent Researcher Of The
Academy Of The Ministry Of Internal Affairs Of The Republic Of 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 11-2021
70
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
November 30, 2021 |
Pages:
69-73
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue11-10
I
MPACT
F
ACTOR
2021:
5.
952
rights of migrants from illegal actions and
decisions by other entities. Therefore,
when considering the fundamental issues
of migration law, it is necessary to consider
issues related to the powers of public
institutions [1, 69].
Indeed, the regulation of migration is
carried out within the competence of
several entities and at the intersection of
several other social relations (civil, labor,
etc.). Therefore, one of the tasks of this
analysis is to clearly define the powers of
public administration bodies with authority
in the field of migration.
In order to implement the Action Strategy
in the five priority areas of development of
the Republic of Uzbekistan for 2017-2021
and the Concept of Administrative
Reforms, as well as large-scale reforms in
public administration are being carried out
in order to improve the socio-economic
development and living standards of the
population.
In particular, significant reforms have been
carried out, such as improvement of the
institutional and organizational framework
of the executive authorities, defining their
tasks (functions, powers), implementation
mechanisms and areas of responsibility,
improvement
of
coordination
and
cooperation processes, further reduction
of administrative influence on the
economy and expansion of market
mechanisms
of
management,
improvement
of
mechanisms
of
cooperation
between
the
vertical
management system and the executive
branch, introduction of modern forms of
strategic planning, innovative ideas,
developments
and
technologies,
formation of an effective civil service
system,
introduction
of
effective
mechanisms to combat corruption in the
executive branch.
In addition, a number of measures have
been
taken
to
improve
public
administration in the field of migration. As
a result, the Ministry of Internal Affairs, the
Ministry of Foreign Affairs, the Ministry of
Employment and Labor Relations, the
Border Troops of the State Security Service
and other similar government agencies,
which are directly responsible for these
processes, are further improving their
functions.
In recent years, the activities of the bodies
with general authority in the field of
migration have been noticeable. In
particular, laws, decrees and resolutions
aimed at regulating migration reflect the
constitutional powers of the Parliament,
the President and the Government to
determine the state migration policy, and
its further improvement has become a
requirement of our time.
The role of the President of the Republic of
Uzbekistan in public administration is of
special importance. The main, most
important strategic provisions in the field
of state and society building, judicial
reform, socio-political, socio-economic,
cultural construction and economic reform
The USA Journals Volume 03 Issue 11-2021
71
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
November 30, 2021 |
Pages:
69-73
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue11-10
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2021:
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are being developed at the initiative of the
President of the Republic of Uzbekistan
and confirmed by his legal acts [2, 32 ].
Taking into account that according to the
Constitution of the Republic of Uzbekistan
represents the Republic of Uzbekistan
within the country and in international
relations, ensures the observance of the
negotiated by the Republic of treaties,
agreements and assumed by it obligations,
receives letters of credence and recall from
diplomatic and other representatives
accredited to him, appoints diplomatic and
other representatives of the Republic of
Uzbekistan to foreign states, he has
significant power in the field of migration.
If we pay attention to the Law of the
Republic of Uzbekistan "On Citizenship of
the Republic of Uzbekistan" [3], we can see
that a number of its articles define the
powers of the Head of State in this area. In
particular, the following issues are defined:
Firstly, decisions on admission to the
citizenship of the Republic of Uzbekistan,
restoration of citizenship of the Republic of
Uzbekistan, exit from citizenship of the
Republic of Uzbekistan or loss of
citizenship of the Republic of Uzbekistan
are made by the President of the Republic
of Uzbekistan in the form of decrees and
their enter into force from the date of their
signing (article 4);
Secondly, of a Commission on Citizenship
under the President of the Republic of
Uzbekistan is formed for a period of five
years in order to implement the
constitutional powers of the President of
the Republic of Uzbekistan to resolve
issues of citizenship of the Republic of
Uzbekistan (article 46);
Thirdly, the regulations of the Commission
on Citizenship under the President of the
Republic of Uzbekistan are approved by
the President of the Republic of
Uzbekistan. (article 46);
Fourthly, the main tasks and rights of the
commission (Articles 47-48).
The Government's role in the regulation of
migration
is
to
monitor
the
implementation of foreign policy decisions,
as well as to take measures to protect the
economic, social and other rights and
legitimate interests of citizens in this area.
Thus, in accordance with Article 15 of the
Law "On the Cabinet of Ministers of the
Republic of Uzbekistan" [4], the Cabinet of
Ministers has five main powers in the field
of implementation of foreign policy and
development of international relations:
Firstly, to take measures to ensure the
implementation of the foreign policy of the
Republic of Uzbekistan, the development
and strengthening of intergovernmental
relations;
Secondly, to ensure the representation of
the Republic of Uzbekistan in foreign
states and international organizations;
The USA Journals Volume 03 Issue 11-2021
72
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
November 30, 2021 |
Pages:
69-73
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue11-10
I
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ACTOR
2021:
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Thirdly, within the limits of its powers, to
conclude international treaties of the
Republic of Uzbekistan, ensure the
fulfillment of the obligations of the
Republic of Uzbekistan under international
treaties, and also monitor the fulfillment by
other participants of these treaties of their
obligations;
Fourthly, to take measures to protect the
rights and interests of individuals and legal
entities of Uzbekistan abroad, as well as to
develop trade, economic, cultural and
humanitarian ties;
Fifthly, to ensure the organization of the
activities
of
intergovernmental
commissions on bilateral cooperation
between the Republic of Uzbekistan and
foreign countries.
Today, the migration sector has become an
important part of public policy. Based on
the above tasks, a new subdivision of the
Cabinet of Ministers, the Department for
the Protection of the Rights of Citizens of
the Republic of Uzbekistan engaged in
Temporary Labor Activities Abroad and
International Economic Cooperation, was
established.
The Department, headed by the Adviser to
the Prime Minister of the Republic of
Uzbekistan, carries out five main tasks in
the field of labor migration. In particular,
the protection of the rights and legitimate
interests of migrant workers, coordination
of international cooperation on external
labor migration, initial vocational training,
implementation of adaptation measures,
employment of migrant workers abroad,
the increase of the incomes and living
standards of family members of labor
migrants in the Republic of Uzbekistan and
protection the rights of citizens of the
Republic
of
Uzbekistan
temporarily
working abroad, as well as and the
development
of
"road
maps"
on
international
economic
cooperation,
among others.
It should be noted that the main reasons
for the establishment of this department in
the Government are, first of all, the fact
that the majority of Uzbek citizens abroad
are migrant workers, secondly, the
Government forms the executive branch
and in cooperation with its ministries and
departments has extensive powers to
systematically study and address migration
issues,
which
are
broad
and
multidimensional.
Therefore, it is appropriate to designate
this Department as responsible for
institutional mechanisms in the field of
migration, in particular, work with public
authorities, ministries and departments,
law enforcement agencies, state border
and customs authorities, diplomatic
representatives, self-government bodies,
foreign organizations, private employment
agencies,
non-governmental
organizations, national diasporas abroad.
As a result of the work carried out in our
country within the framework of the
Concept of Administrative Reforms, public
The USA Journals Volume 03 Issue 11-2021
73
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
November 30, 2021 |
Pages:
69-73
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue11-10
I
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F
ACTOR
2021:
5.
952
administration
is
graduallybeing
decentralized
and
its
financial
opportunities and role are expanding. This
includes the provision of soft mortgages
and other loans in order to review the
competence in the field of migration, in
particular, to attract investment for
economic development of the region, to
provide
employment
through
local
production and industrial development, to
organize educational migration among
young people, to support young families.
REFERENCES
1.
Хабриева Т.Я. Избранные труды: в 10
т. Т. 4: монографии. Содерж.:
Миграционное право России: теория
и практика. – М., 2018. – Б. 69.
2.
Миракулов
М.М.
Ўзбекистон
Республикаси
Президентининг
конституциявий-
ҳ
у
қ
у
қ
ий
ма
қ
оми
(
қ
иёсий-
ҳ
у
қ
у
қ
ий та
ҳ
лил): Юрид. фан.
докт. ... дисс. автореф. – Тошкент:
Давлат бош
қ
аруви академияси, 2016.
– Б. 32.
3.
Ўзбекистон Республикасининг 2020
йил
13
мартдаги
ЎР
Қ
–610-сон
«Ўзбекистон
Республикасининг
фу
қ
аролиги тў
ғ
рисида»ги
Қ
онуни //
Қ
онун
ҳ
ужжатлари маълумотлари
миллий
базаси,
14.03.2020
й.,
03/20/610/0299-сон.
4.
«Ўзбекистон Республикаси Вазирлар
Ма
ҳ
камаси тў
ғ
рисида»ги 2019 йил 10
декабрдаги ЎР
Қ
–591-сон Ўзбекистон
Республикасининг
Қ
онуни //
Қ
онун
ҳ
ужжатлари маълумотлари миллий
базаси, 11.12.2019 й., 03/19/591/4130-
сон.
