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‘
ABSTRACT
The article analyzes the importance on the role and role of non-profit organizations and citizens in the
implementation of Public Environmental Control: relevant proposals and recommendations on the
problems of legislative improvement.
KEYWORDS
Public Environmental Control, Non-Profit Organizations, Citizens.
INTRODUCTION
In Uzbekistan, nongovernmental nonprofit
organizations are a component of the civil
society that forms. The voluntary self-
governing organizations based on the initiative
of citizens or legal entities are characterized by
diversity. Citizens' constitutional rights to
associations and political parties (Article 34)
serve as a legal basis for the establishment and
functioning of social institutions, including
trade unions.[1]
Public associations are organizations that are
separate from the state and are engaged in
separate activities that can influence public
institutions at the same time, from the
groundless social interference of the state and
social life of the state.
Public associations are a result of national
creativity and initiative and are a reliable tool
for active and effective participation in public
life. They are seen as part of democracy and the
form of civil society life. The constitution
guarantees the freedom of association and
establishment of public associations.
Non-profit organizations have a special legal
status as subject of public environmental
audits. It should be noted that non-
Role And Role Of NGOs And Citizens In Implementing Public
Ecological Monitoring: Problems Of Legislative Improvement
Utegenov Ongarbay Dariyabaevich
Associate Professor, Doctor Of Legal Sciences, 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
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The American Journal of Political Science Law and Criminology
(ISSN
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Published:
November 21, 2021 |
Pages:
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Doi:
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governmental non-profit organizations are
generally recognized as legal entities in public
law. For example, the fact that more than
70,000
nongovernmental
nonprofit
organizations are currently functioning in the
Republic of India is evidence of the importance
of these institutions.
The current law defines various means of
public associations and citizens' access to
environmental control. The state accepts
specific laws based on the constitutional norms
to clearly define the rights of public
associations. In particular, on February 15, 1991
the Law of the Republic of Uzbekistan "On
public associations in the Republic of
Uzbekistan" was adopted. It describes public
associations as "voluntary public associations,
which arise as a result of their freedoms and
freedoms of citizens united to coexist with the
legitimate interests of politics, economics,
social development, science, culture, ecology
and other spheres of life." the Article). It
should be noted that Article 15 of the Law on
the Laws of the Public Associations does not
provide for their powers related to the exercise
of public control. In general, given the fact that
the law was adopted in 1991 and does not meet
the current socio-political, economic and legal
requirements, it is desirable to adopt it in a new
edition, including broadening the rights of
public associations.
Adoption of the Law of the Republic of
Uzbekistan of April 14, 1999 "On Non-
Governmental Non-Profit Organizations" has
led to a wide-ranging basis for the activities of
public associations. Non-government non-
profit organizations are created on a voluntary
basis by physical or legal persons (or joint
ventures). They are the rights and legitimate
interests of individuals and legal entities for the
protection of other democratic values,
achievement of social, cultural and educational
goals, satisfaction of spiritual and other needs,
charity and other socially useful purposes. The
state ensures that the rights and legitimate
interests of non-state non-profit organizations
are respected and that they create equal legal
opportunities for them to participate in public
life. The state may assist programs that are
specifically
socially
useful,
including
environmental protection.
However, the Law of the Republic of
Uzbekistan "On Non-Governmental Non-Profit
Organizations" of 14 April 1999 also provides
that the Law on Guarantees of Non-
Governmental Non-Commercial Organizations
(NPG) as of January 3, 2007 does not mention
the powers of these organizations to exercise
public control. The Law on Guarantees of Non-
Governmental Non-Commercial Organizations
(NRCs) provides for a state-sponsored system
of state subsidies, grants of public grants, and
state support to nongovernmental nonprofit
organizations entitled to state support.
However, the powers of these organizations
on public oversight are being strengthened by
sectoral laws. More importantly, this institute
gained constitutional status in April 2014 as a
result of a number of articles of the
Constitution, including Article 32. Taking this
into account, it is expedient to strengthen the
powers
of
public
non-governmental
organizations in the Law on Guarantees for
Non-Governmental Organizations.
A
non-governmental
non-commercial
organization, according to Article 2 of the Law
"On
Non-Governmental
Non-Profit
Organizations," voluntarily created by physical
and (or) legal entities, does not pursue the
profit (profit) as the main purpose of its activity
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and receives incomes (profits) (members) of a
non-profit organization. Non-governmental
non-commercial
organizations
may
be
established in the form of public association,
social fund, institution, or other form provided
for by law (art. 10).
We can group non-governmental non-profit
organizations in the field of ecology based on
the scope of existing legislation and the extent
of their authority to carry out public
environmental monitoring.
The first group belongs to non-governmental
non-profit organizations, and environmental
issues constitute one of their activities. They
include political parties (whose main purpose is
not environmental issues but also reflects
these issues on the platform of the political
party), non-environmental public associations
(they can partly deal with these issues), public
funds (they are charitable, cultural, educational
or
other
social
benefits,
including
environmental goals), institutions (social,
cultural and other non-profit, including
environmental Designed for LGA, etc.);
The
second
group
includes
special
environmental NGOs, whose main area of
activity is specialization in the environment.
The Ecosan International Fund, the Ecological
Movement of Uzbekistan, the Public Council
for the Protection of the Environment and
Natural Resources under the State Committee
for Nature Protection of the Republic of
Uzbekistan, the Ecoforum, the Environment
and Public Health Center, the Youth
Environmental
Network
of
Uzbekistan,
Biodiversity Conservation Society, Uzbek
Zoological
Society,
Ekolandshaft
Public
Association, Ecoservice, Aral Ekostan, Biostan,
Xongul,
Logos,
Aral
and
Amudarya
Conservation
Alliance,
Life,
Chashma
(Rodnicho ), Zoologists, evaluated, Armon,
such as environmental clean Ferghana state
and local environmental associations.
As we have already witnessed, environmental
NGOs have an important role in the ecology
sector among non-governmental non-profit
organizations.
In
public
environmental
monitoring, the role of public sector
organizations, which is a major part of civil
society, is remarkable. In particular, public
organizations in cooperation with state
agencies carry out a number of ecological
education,
ecological
culture
studies,
awareness-raising, improvement of ecological
status,
environmental
monitoring,
and
participation of the general public on these
issues and decision-making. to ensure that
It should be noted that the legal basis of
creation and functioning of public associations,
including
ecological
associations,
their
classification, tasks were detailed in the
scientific researches of T.M.Turebekov and E.
Khmeleva. [2]
According to the literature, public associations
in the field of ecology are understood by the
public association of citizens, which is
organized on their own initiative for the
purpose of achieving long-term goals and
having a clear structure and charter. In
addition, these organizations are characterized
by the high level of social consciousness of
their members, the clear vision of the goals and
means of implementing their interests.
E.Khmeleva divided into six types of public
associations in the field of ecology:
1)
International, republican, national unions,
associations and associations;
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2)
Ecological public associations, ecological
clubs, divisions, organizations; 3) green
(ecological) actions;
3)
Ecological public associations at the local
level;
4)
Public ecological institutions (ecological
centers, research institutions);
5)
Public
environmental
funds.
It
is
noteworthy that the list does not reflect
the types of public associations, such as
political parties, trade unions.[3]
The competence of NGOs and non-
governmental organizations related to the
implementation of public environmental
control is also reflected in the network
environmental
legislation.
In
particular,
according to Article 29 of the Law "On nature
protection", one of the main objectives of
environmental control is to increase the
effectiveness of nature protection activities
and to ensure participation of non-state non-
profit organizations and citizens in the
implementation of state ecological programs
and other environmental programs.
Currently, public environmental organizations
are operating effectively in Uzbekistan. They
emerged as a public resistance to the effects of
environmental problems in the Central Asian
region due to the natural environment of the
Aral Sea and the deepening of the crisis
process in the large river basins of the region.
During these years, they implemented a
number of important projects aimed at the
participation of the population in the work of
Ecology and environmental protection in the
country.
For example, on October 24, 2019, a meeting of
the
state
commission
for
Sustainable
Development (DBRK) of the International Fund
for the rescue of the island was held in Nukus
city within the framework of the International
Conference "Aral Sea – ecological innovation
and Technology Zone". At the conference, it
was planned to create conditions for attracting
foreign investment in the development and
implementation of environmentally friendly
technologies, to introduce "green economy",
environmentally friendly, energy and water-
saving printsips and to develop ecotourism.[4]
Article 8 of the Law of the Republic of
Uzbekistan "On radiation safety", as well as
non-state
non-profit
organizations
and
citizens, has been strengthened as subjects of
public ecological control. [5]
Article 13 of the Law of the Republic of
Uzbekistan "On Waste" of 5 April 2002
establishes the rights and obligations of
citizens in the field of waste-related works. It
also has the right to take part in the public
control over the sanitary and environmental
status of waste management objects, as one of
the five civil rights.
Article 23 of the Law on Ecological Expertise of
the Law of the Republic of Uzbekistan of 25
May 2000 "On Ecological Expertise" states that
public ecological expertise can be carried out
on the initiative of nongovernmental nonprofit
organizations and citizens in the field of
environmental activity.
According to the third part of Article 84 of the
Land Code of the Republic of Uzbekistan,
assistance is provided to nature protection
societies, scientific societies and other public
associations, as well as to state bodies and
citizens' self-governing bodies in exercising
control over the use and protection of land.
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Article 10 of the Law of the Republic of
Uzbekistan "On Protected Natural Areas" of 3
December 2004 also regulated the issues of
participation
of
non-state
non-profit
organizations and citizens in the organization,
protection and use of protected natural areas.
According to them, these subjects are:
1)
Assistance to state bodies in the
organization, protection and use of
protected natural territories;
2)
Making proposals when implementing
these measures;
3)
Participation in the activities of the
advisory commissions, established by the
decision of local authorities for the
purpose of attracting the population to
the management of certain protected
natural territories;
4)
Request and receive from the relevant
state authorities information on protected
natural territories;
5)
Have the authority, such as public
ecological
expertise
and
public
environmental control, to be established,
protected and utilized in the manner
prescribed by law for the protection of
protected natural territories. In other
words, this Law defines the status of civil
society
and
non-state
non-profit
organizations as well as the legal status of
civil self-governance bodies in this area.
Article 5 of the Law of the Republic of
Uzbekistan of December 26, 1997 "On
protection and use of the animal world"
establishes the rights and obligations of
citizens and public associations in the area of
protection of the animal world and its habitat.
According to him, these companies carry out 7
rights,
including
public
environmental
expertise and public oversight. However,
Article 5 does not define the obligations of
citizens and public associations in the area of
protection of the animal world and its habitats,
although it is mentioned in its name. Therefore,
it is desirable to exclude the words "and
obligations" on behalf of Article 5 of the Law
"On protection and use of the animal
world".[6]
With the adoption of the Law "On Ecological
Control", the authorities of non-state non-
profit organizations in the field of public
environmental control have been strictly
determined. In particular, Article 16 of the
present Law regulates the rights and
obligations
of
non-state
non-profit
organizations in the area of environmental
control. It also envisages public environmental
monitoring as one of the 12 rights. At the same
time,
non-governmental
non-profit
organizations have the right to inform specially
authorized state bodies, local authorities, state
and economic management bodies, business
entities of the fact that the violation of
legislation in the field of environmental
protection and rational use of natural
resources, to make proposals to the relevant
state bodies to take action on these facts and
to eliminate this fact to adopt measures to
apply to the relevant authorities and the
media, the public, such as environmental audit
of public environmental control is carried out
within the framework of the powers.
An analysis of the current environmental
legislation shows that recent legislation has
limited the powers of non-governmental and
non-profit organizations in the field of public
environmental monitoring. As mentioned in
the preceding paragraph, this is primarily due
to the expansion and strengthening of powers
of civil self-governance institutions in the field
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of public environmental oversight. For
example, Article 84 of the Land Code stipulates
that the nature protection societies, scientific
societies and other public associations, as well
as citizens, shall assist the state bodies and civil
self-governance bodies in exercising control
over the use and protection of land. According
to the third part of Article 14 of the Law on
Sanitation and Epidemiological Surveillance of
the Population, nongovernmental nonprofit
organizations
may
assist
and
provide
necessary assistance to state authorities and
other bodies involved in the provision of
sanitary and epidemiological well-being of the
population. In our opinion, NGOs should have a
legal status as an independent subject of public
environmental monitoring. It is therefore
desirable to introduce amendments to the
abovementioned legislation as part of the
implementation of public environmental
monitoring of non-governmental non-profit
organizations and participation in this process.
It is also worthwhile to conclude that the
comparison of the powers of public self-
governance bodies (Article 15) and the law on
non-governmental non-profit organizations
(article 16) in the field of environmental
oversight over the law "On Ecological
Monitoring". In particular, the comparison of
the competences of these structures shows
that their scope of rights on the two powers is
different.
First,
civil
self-governance
institutions are responsible for the monitoring
of
the
environmental
situation
and
environmental pollution and the unnatural use
of natural resources, as well as the monitoring
of situations that may endanger the lives and
health of citizens; Second, nongovernmental
nonprofit organizations participate in the
hearing of reports and reports of relevant
government
agencies
and
enterprises,
enterprises, institutions and organizations
regarding the issues of environmental
protection, sanitary condition, improvement
and greening of the territory, and hear the
reports of citizens' self-governing bodies.
make decisions on the results.
It should be noted that the role of
nongovernmental nonprofit organizations in
the second mandate should be determined, as
it is a special authority of the citizens' self-
governance bodies, and granting it to
nongovernmental
noncommercial
organizations may disrupt the activities of
public
authorities
and
management,
enterprises, institutions and organizations.
Nonetheless, non-governmental non-profit
organizations participate in the monitoring of
the state of the environment and pollution of
the environment and the abuse of natural
resources, as well as the situation that could
threaten the lives and health of citizens, and
the self-governance bodies directly performs.
Such distribution of powers unreasonably
limits the powers of non-state non-profit
organizations associated with the exercise of
public environmental control as well as
impedes their exercise of their right to carry
out public environmental control guaranteed
by other environmental laws. Therefore, the
Law "On Environmental Monitoring" states
that Article 16, paragraph 1, Part 3 of the Law
on the Rights and Obligations of Non-
Governmental Non-Commercial Organizations
in Environmental Control Regions states that
"the environmental situation and the pollution
of the environment and the abuse of natural
resources to monitor the situations that could
endanger his or her life and health. "
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Paragraph 20 of the Regulation "On the State
Committee for Nature Protection of the
Republic of Uzbekistan", approved by the
Resolution of the Oliy Majlis of the Republic of
Uzbekistan dated April 26, 1996 No. 232-I,
includes coordination council under the State
Committee for Nature Protection of the
Republic of Uzbekistan, scientific and technical
council, councils and other boards, the statutes
of the councils and their members are
approved by the board of the State Committee
for Nature Protection of the Republic of
Uzbekistan are provided.[7]
This norm has long been practically unfulfilled
in practice, but in recent years, the emphasis
being placed on civil society institutions has
created the necessary political and legal
conditions for the realization of this norm. As a
result, on October 28, 2011, the Decree of the
State Committee for Nature Protection of the
Republic of Uzbekistan No. 190 "On the Public
Council on the Issues of Rational Use of
Environment and Natural Resources" was
approved. The first organizational meeting of
the Public Council for the Use of Environment
and Natural Resources (hereinafter - the
Community Council) was held on October 27,
2011.
It should be noted that the Public Council is a
consultative and advisory div established to
assist the State Committee for Nature
Protection. Public Council is responsible for
environmental protection and rational use of
natural resources by the bodies of nature
protection of the Republic of Uzbekistan, as
well as in managerial decision-making in the
field of formulation and implementation of
environmental policies, as well as in the
preparation of draft normative and legal acts
and normative and technical documents,
public associations and citizens the form of
participation.
The Public Council is a permanently functioning
public div under the State Committee for
Nature Protection and carries out its activities
on a voluntary basis. Its decisions are of critical
importance. Organizational and technical
support of the Public Council is provided by the
Department of Scientific and Technical
Development and Promotion of the State
Committee for Nature Protection.
The purpose of the Public Council is to assist
the State Committee for Nature Protection in
promoting and adopting decisions in the area
of environmental protection and the use of
natural resources.
The Charter also envisages seven functions of
the Public Council:
1)
Collection and generalization of proposals
of citizens and public associations on
improvement of legislation and practice in
the field of environmental protection and
their submission to the State Committee
for Nature Protection;
2)
Preparation of proposals on improvement
of ecological policy, implementation of the
functions of advisory and expertise on
ecology and nature protection;
3)
Participate in the information support and
support of organs and officials of the State
Committee for Nature Protection in the
field of environmental protection and
rational use of natural resources;
4)
Participate in organizing and conducting
exhibitions and other public events
promoting
the
protection
of
the
environment and the rational use of
natural resources;
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5)
Participate in the development and
implementation
of
education
and
environmental education programs for
sustainable development;
6)
Participation in elaboration of proposals on
elimination of conflicts between the
interests of subjects of public and
economic activity in the field of protection
of the environment and rational use of
nature;
7)
Participation
in
the
discussion
of
normative-legal and normative-technical
acts in the field of environmental
protection and rational use of nature.
The Public Council is headed by the Chairman
and, in his absence, the Deputy Chairman. The
chairman and his deputy are elected for a
period of three years at the first organizational
meeting of the Public Council and approved by
the order of the Chairman of the State
Committee for Nature Protection.
The Public Council can include public and
scientific organizations, higher education
institutions, NGOs, specialists in the system of
the State Committee for Nature Protection, as
well
as
other
persons
involved
in
environmental protection and environmental
protection, and professional qualifications and
(or) professional or public activities.
Members of the Public Council are selected and
sent to public and academic institutions, higher
education institutions, NGOs, and the State
Committee for Nature Protection. The term of
office of the members of the Public Council and
the order of its liquidation are defined by the
organizations which have sent them. The term
of office of a member of the Public Council shall
be retained until the appointment of another
representative.
The Public Council is formed from the date of
issuance of the order by the Chairman of the
State Committee for Nature Protection to
approve the Statute and composition of the
Public Council and commences exercise of its
powers.
The decision of the Public Council shall be
taken at its meetings. Upon completion of the
meetings of the Public Council, the minutes
and the minutes of the meeting shall be drawn
up and signed by the Chairman and the
responsible secretary.
The Public Council meeting is held in
accordance with the approved annual work
plan, as a rule, at least once every semiannual.
An extraordinary meeting of the Public Council
may be held to develop recommendations on
urgent issues.
Public Councils may have subsidiaries,
commissions and working groups to study and
analyze single-issue issues and specific issues.
The composition, procedures and powers of
the sections, commissions and working groups
are determined by the Public Council.
Public Council meetings are held by the
responsible secretary of the Public Council in
coordination with the Chairman.
The agenda of the Public Council meeting is
formulated by the Executive Secretary of the
Public Council at the request of the Chairman
of the State Committee for Nature Protection
and is coordinated with the Chairman of the
State Committee for Nature Protection and
approved at the meeting of the Public Council.
Suggestions on the agenda of the meeting
should be presented in writing and include a
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clear statement of the issues under
consideration, terms of consideration, names
of officials responsible for preparation of draft
documents and draft resolutions.
The agenda of the next meeting of the Public
Council shall be brought to the attention of all
members of the Public Council by the
responsible secretary for not less than 10
working days.
The Public Council shall submit proposals to the
Chairman of the State Committee for Nature
Protection
to
elaborate
proposals
on
improving the activities of the Council,
modifying its structure, making amendments
and addenda to the Charter and other matters
relating to its competence.
The decisions taken by the Public Council will
be posted on the website of the State
Committee for Nature Protection. It should be
noted that the analysis of the website of the
State Committee for Nature Protection
indicates that the Decree of the Public Council
on December 20, 2011, was adopted. The
subsequent decisions of the Public Council
were not included in this site.
In its December 20, 2011 Public Council
resolution, two issues were considered and 10
decisions were made. In particular, the
Committee on Nature Protection, together
with the State Committee for Nature
Protection of the Republic of Uzbekistan and
the public associations operating in the field of
environmental protection, decided:
1)
The Public Council shall assist the State
Committee for Nature Protection to create
conditions for the further activation of
public participation in the formulation and
implementation
of
initiatives
on
environmental protection and nature
management;
2)
The Public Council in its activities pays
special attention to the promotion and
support of citizens' initiatives in the field of
environmental protection and nature
management;
3)
The Public Council shall establish mutual
accounting practices with leading public
associations, NGOs and other civil society
institutions working in the field of
environmental protection;
4)
The Public Council broadly involves public
associations and environmental NGOs in
joint events on celebrations of ecological
days, carrying out ecological actions, raids
on the state of the environment.
The Public Council for the 2nd issue, entitled
"Participation of Community and Other Civil
Society Institutions in the Implementation of
Education and Environmental Education
Programs for Millennium Development Goals,"
makes the following decisions: 1) Improving
the quality of the educational literature on
environmental education and sustainable
development for educational institutions to
the Interagency Coordination Council for
Education and Sustainable Development
(TCDC); 2) Facilitating the activities of
environmental NGOs operating in the area of
environmental education and sustainable
development;
3) To apply to the Ministry of Public Education
and Higher and Secondary Specialized
Education of the Republic of Uzbekistan on
special training courses for Ecology and
Sustainable Development for 3 or 4 stages, as
well as on the establishment of qualification
graduation and master dissertations in these
areas;
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4) Strengthening the resource center of the
State Committee for Nature Protection; 5)
Promote the promotion of sustainable
development among the population through
all available tools; 6) introducing sustainable
development materials on the website of the
State Committee for Nature Protection for
interested organizations and citizens.
The Public Council has nine rights (Charter 6) to
carry out its functions: 1) To attend the meeting
of the Public Council, to participate in the
meeting of the Council of the State Committee
of the Republic of Uzbekistan for Nature
Protection, to participate in the meetings of
the Council and to provide explanations,
consultations, and the nature of rational use of
natural resources;
2) request and receive from the bodies of the
State Committee for Nature Protection of the
information needed to solve the tasks assigned
to the Council and to perform functions; 3)
elaborating proposals on environmental
protection and rational use of natural
resources and submitting them to the State
Committee
for
Nature
Protection;
4)
Participation in the evaluation of scientific and
practical conferences, public hearings and
projects on ecology and nature management;
5) Addressing the issues of improving the
organization of activities of the State
Committee for Nature Protection in matters of
the
environment
and
rational
nature
management; 6) Discuss draft decisions
affecting the interests of the population in the
field of environmental and natural resource use
at their meetings; 7) to participate in the
discussion of the main directions of the State
Committee for Nature Protection; 8) Send the
representatives of the Council to the collegiate
and advisory bodies; 9) informing the general
population and organizations about their
activities and plans.
The Charter also stipulates that the functions
and functions of the Council may be
determined
in
accordance
with
the
responsibilities of the State Committee for
Nature Protection and the results of its work.
It should be noted that at present, the council
is not functioning effectively. In particular, the
analysis of the December 20, 2011 decision of
the Public Council indicates that only 2 issues
were discussed. In this regard, it is planned to
hold 48 events in foreign countries, including
the work plan of the Public Council under the
Ministry of Natural Resources and Ecology of
the Krasnodar Territory of Russia for 2015. It
also has its own website dedicated to the
activities of the Public Council, where citizens
can freely familiarize themselves with Public
Councils (Statutes, Structure, Work Plans),
information on their work, meeting minutes
and other materials.
In particular, in 2014, this council held 15
meetings. In our country there is a need to
cardinally reform the activities of the Public
Council at the State Committee for Nature
Protection.
At present, public environmental organizations
operate in Uzbekistan effectively. They have
emerged as a public response to the
environmental problems in Central Asia due to
the deepening of the crisis in the natural
environment of the Aral Sea and the major river
basins in the region. Throughout these years, a
number of important projects have been
implemented in the country aimed at
enhancing the participation of the population
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in the nature protection activities, and many
events have taken place.
Non-government non-profit organizations
may, with the exception of the rights and
freedoms set forth in the current law, exercise
the
following
rights
during
public
environmental oversight:
Organization of various meetings, rallies
and demonstrations dedicated to the
protection of the environment;
Promotion of the proposal to conduct
public ecological expert examination and
participation in the established procedure;
To apply to state authorities of the
Republic of Uzbekistan, local self-
governing bodies and other organizations
to submit applications, proposals and
complaints on the protection of the natural
environment and to the harmful effects
thereof;
Applying to state authorities, local self-
governance bodies, other organizations
and officials for timely and complete
information on the state of the
environment and measures to protect
them in the area of their location;
Assisting government agencies and local
self-governing bodies in dealing with
environmental issues;
Apply to the court with a suit for
compensation for damages caused to the
natural environment;
Participation in the referendum on
environmental protection and other
measures not contradicting the legislation
of the Republic of Uzbekistan.
Nongovernmental nonprofit organizations
specializing in the field of natural resources
use the following rights and powers:
Development,
promotion
and
implementation of programs in the field of
environmental protection;
Protection of the rights and legitimate
interests of citizens in the field of
environmental protection;
Involving citizens on a voluntary basis for
activities in the field of environmental
protection;
Carrying
out
and
promotion
of
environmental protection, reproduction of
natural resources and environmental
safety at the expense of own resources
and resources;
Assistance to government and local self-
governing
bodies
in
addressing
environmental issues;
Participation in such events as holding
meetings,
rallies,
meetings
and
demonstrations;
Submission of proposals for discussion of
projects
related
to
environmental
protection;
State authorities, local self-governing
bodies, other organizations and officials on
the status of environmental protection,
measures to protect it, the state of the
environment, the life and health of the
population and other activities and receive
timely, complete and reliable information
on the facts;
Participation in the established procedure
in the course of the process of taking
decisions on economic issues and other
decisions that may cause the natural
environment, the lives, health and
property of citizens;
Addressing proposals, applications and
complaints concerning the protection of
the natural environment, which may have a
negative impact on it;
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Organization of lectures on issues that may
cause
harm
to
the
environment,
threatening the lives, health and property
of citizens, and other propaganda and
advocacy work;
Organization and conduct of public
ecological expertise.
A.A.Goncharov, in general, civilian control is a
socio-legal phenomenon that improves the
political management system; in a clear sense,
is a control exercised by civil society and public
associations. The author believes that the
object of civilian control is the authority of the
authorities, other state bodies, local self-
governing
bodies,
intergovernmental
structures and all the listed organizations.
The same researcher, in his other work, looks
at civilian oversight from the perspective of
philosophy and describes it as follows: civil
control is a social phenomenon aimed at
improving the rule of law, the rule of law and
the rule of law, in which the public defines the
main directions of domestic and foreign policy,
controlling and realizing the process of its
implementation, participating in solving all
social issues and having a realistic impact on
these decisions di. In our view, this definition is
extensive and does not take into account the
capacity of civilian oversight and uses it as a
meaningful institution of public oversight.
However, according to A.A.Goncharova, civil
control is widely understood as being a social
phenomenon involving civil society in solving
social issues at all levels, which participates in
defining the main directions of domestic and
foreign policy of the state policy, controlling its
implementation purposeful. [8]
It should be noted that civil control is closely
related to the concept of "civil society". In
developing countries, civil society is now
undergoing institutionalization, and the
formation of civil society, in turn, involves the
participation of citizens in state and public life.
"Civil Control" is seen through the activities of
civil society institutions (media and NGOs).
Therefore, in our opinion, "civilian control" can
be regarded as a high and effective form of
public control.
As it has been noted in the legal literature,
civilian control must be directly implemented
by citizens directly, thereby raising questions
about the legal status of foreigners and
stateless persons.
As to the US experience in this regard, in the
US, the institution of civil complaint is used as
the basic form of citizen control in the field of
ecology. There are three types of citizens'
complaints in the United States. First, a private
citizen may file a complaint to a citizen,
corporation, or public authority regarding the
conduct of a law prohibited by law. For
example, a citizen may file a suit against the
corporation for illegal pollution of waterways
under the Law on Clean Water. Secondly, a
private citizen may file a complaint against the
state div for failing to fulfill his obligations. In
particular, the Citizen's Agency for Nature
Protection may lodge a complaint to the court
for timely elaboration of the rules envisaged by
the Law on Clean Water. Thirdly, citizens may
file a complaint to the court requesting
compensation for environmental damage.
Obviously, the further development of these
areas of public influence will be effective in
many ways, the representatives who will be
able to solve ecological problems and who will
The USA Journals Volume 03 Issue 11-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
November 21, 2021 |
Pages:
8-20
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue11-02
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not be able to remove the green clothes after
entering the power will be elected, the level of
the MPs' uniformity will increase, the interest
of creating ecological norms and the legal
initiative of the people increases.
REFERENCES
1.
Review of the Constitution of the
Republic of Uzbekistan / responsible
editor: A.A.Azizkho'jaev. - Tashkent:
Uzbekistan, 2008. - 152-153.
2.
Turebekov T.M. Public associations as
subjects of civil law: Abstract. diss. ...
candidate of legal Sciences. -Tashkent:
2002. 22-p.3.
3.
Khmeleva E.N. Legal foundations of
the activities of public environmental
associations: Abstract. diss. ... cand.
jurid. sciences. -M., 1995. 28-p.4.
4.
The
commission
adopted
the
resolution of the State Council on the
issues of the Aral Sea basin (1994 19
July, Ashgabat).
5.
The Republic Of Uzbekistan 1999 year
14 April 763-I-Number Law "on non-
profit organizations" // ” Bulletin of the
Oliy Majlis of the Republic of
Uzbekistan " 1999 year, №5, Article 115.
6.
Bulletin of the Oliy Majlis of the
Republic of Uzbekistan, 2000 year,
number 7-8, Article 212.7. Collection of
legislative acts of the Republic of
Uzbekistan, 2013, article 52, article 688.
7.
Selivanova E.S. On the question of the
difference
in
the
concepts
of
"national", "public", "civil" control in
scientific and applied discourses //
Bulletin of TSU. 2013. – №5(121). 206- S.
8.
Goncharov A.A. Civil control as a
mechanism of self-organization of a
public system // Management of public
and economic systems. 2007. - No. 1. 4-
p.
