The USA Journals Volume 03 Issue 10-2021
52
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
October 30, 2021 |
Pages:
52-57
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue10-09
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
The article analyzes the legal aspects of the actions of the internal Affairs bodies to ensure the
protection of public order during mass events.
KEYWORDS
Events, Preparation For Events, Public Safety, Administrative Enforcement, Warning.
INTRODUCTION
As a result of the effective work of the Ministry
of Internal Affairs of the Republic of
Uzbekistan in ensuring public order and
security of citizens, peace and tranquility
prevail in the country, which in turn will allow
to continue democratic reforms and build civil
society. It is necessary to ensure that all actions
of law enforcement agencies to maintain
public order and ensure the safety of citizens
are based on the Constitution and laws of the
Republic of Uzbekistan. During an average of
more than 16,000 public events held annually in
the country, law enforcement officers
(730,000 people a day) take part in ensuring
public order and safety. If we take into account
the participation of more than 50 million
citizens in these public events, we can clearly
understand the responsibility and complexity
of the legal, organizational and practical
measures taken by law enforcement agencies
to ensure the safety of citizens. Currently, the
legal basis of the Ministry of Internal Affairs
consists of a number of laws and by-laws,
which define the main duties, rights and
responsibilities of law enforcement officers.
Based on the Law of the Republic of
Some Issues Of Improving Public Order By Law Enforcement
Agencies In The Organization And Conduct Of Public Events
Аbdurashid Khudoyberdiev
Acting Associate Professor Of The Department Of Administrative Law Of The Academy Of The
Ministry Of Internal Affairs Of The Republic Of Uzbekistan Doctor Of Philosophy In Law (PhD),
Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
The USA Journals Volume 03 Issue 10-2021
53
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
October 30, 2021 |
Pages:
52-57
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue10-09
I
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F
ACTOR
2021:
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Uzbekistan "On the Foundations of State
Independence of the Republic of Uzbekistan"
of August 31, 1991, the Cabinet of Ministers of
the Republic of Uzbekistan was established by
the Resolution of the Cabinet of Ministers of
October 25, 1991. The structure of its central
apparatus was approved. The main task of the
Ministry of Internal Affairs is to protect the
rights and legitimate interests of citizens,
public order, public safety and the fight against
crime.This decision is recognized as the first
normative legal act determining the legal
status of the Ministry of Internal Affairs of the
Independent Republic. But the Ministry of the
Interior was not sufficient to carry out its duties
and functions. Therefore, in accordance with
the Resolution of the Supreme Soviet of the
Republic of Uzbekistan No. 481 of January 4,
1992 "On ratification of the Treaty on the
establishment of the Commonwealth of
Independent States and the Protocol", applied.
Currently, the Law of the Republic of
Uzbekistan "On Internal Affairs Bodies",
adopted by the Legislative Chamber on August
12, 2016, approved by the Senate on August 24,
2016, came into force on March 16, 2017 [1].
Some internal and external reactionary
extremist forces tried to take advantage of the
transition to a multi-party political system, one
of the main principles of building a democratic
state, the right to freedom of conscience
provided by the Law of the Republic of
Uzbekistan "On Freedom of Conscience and
Religious Organizations". The events that took
place first in Namangan, then in Fergana, and
then in Boka and Parkent districts of Tashkent
region, and the terrorist attacks in Tashkent on
February 16, 1999, were severely tested by law
enforcement officers. At the same time, there
are some problems in the activities and
administrative and legal framework of the old
law enforcement agencies. On five priority
areas of development of the Republic of
Uzbekistan in 2017-2021.
The action strategy stipulates "strengthening
security, interethnic harmony and religious
tolerance, strengthening the independence
and sovereignty of our state, aimed at pursuing
a well-thought-out, mutually beneficial and
practical foreign policy" [2].
In order to improve the system of the Ministry
of Internal Affairs, the legal regulation of their
rights and obligations, the Decree of the
President of the Republic of Uzbekistan No. PF-
5005 of April 10, 2017 and Resolution No. PQ-
2883 of April 12, 2017 were adopted. On the
basis of this Decree, reforms were launched in
the systems of the Ministry of Internal Affairs.
The main task of the newly formed law
enforcement agencies is to ensure public order
and safety of citizens. Over the past period,
extensive work has been done to improve the
system of internal affairs. In particular,
significant work has been done to develop and
strengthen the lower echelons of law
enforcement agencies established to maintain
public order in neighborhoods, ensure the
safety of citizens, crime prevention and fight
crime. On the basis of the adopted decrees and
resolutions, in a short period of time, the
Interior Ministry has done significant work to
improve public safety and improve their work.
In accordance with the Resolution of the
President of the Republic of Uzbekistan dated
May 1, 2017 No PP-2940 approved the
Regulation on the Main Department of Patrol
and Public Order of the Ministry of Internal
Affairs of the Republic of Uzbekistan,
according to which:
The USA Journals Volume 03 Issue 10-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
October 30, 2021 |
Pages:
52-57
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue10-09
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The
Main
Directorate
carries
out
coordination and organizational and
methodological support of the activities of
divisions, ministries and bodies of internal
affairs on issues of maintaining public order
and public safety in densely populated
areas, preparation and holding of public
events.
Maintenance of public order and public
safety, including the preparation and
holding of public events, the organization
of diplomatic, consular and other missions
of foreign states and international
organizations, the protection of other
facilities and cargo in accordance with the
law, as well as restricted items and
substances prevention and elimination of
violations of the rules of purchase,
transportation, accounting, storage and
use;
Internal affairs on timely detection,
prevention and elimination of actions
against public order and public safety, as
well as measures to detain offenders in the
preparation and conduct of public events,
in crowded places and in emergencies
ensuring the activities of the authorities;
Provision of services on a contractual basis
for the maintenance of public order and
public safety in public facilities and
crowded places, the protection of certain
diplomatic facilities, especially dangerous
and special cargoes;
The organization of the blocking of roads
to the objects of public events, crowded
and emergency situations with the use of
engineering and technical means, as well as
the forces and means of line and
operational units of law enforcement
agencies and the formation of boundaries;
Control
and
organizational
and
methodological support of the activities of
law enforcement agencies and other
ministries
and
agencies
in
the
implementation of measures to maintain
public order and ensure the safety of
citizens in the preparation and conduct of
public events;
Organization
and
coordination
of
cooperation between police departments,
ministries and agencies involved in
maintaining public order and ensuring
public safety in densely populated areas,
during the preparation and holding of
public events and visits of official
delegations of foreign countries;
Development and implementation of
modern methods, tools and systems for
maintaining public order and ensuring
public safety in public places and crowded
places, as well as in emergencies, as well as
protection of diplomatic, consular and
other missions of foreign states and
international organizations [3] ;
In accordance with the Decree of the President
of the Republic of Uzbekistan dated April 10,
2017 No PF-5005 "On measures to radically
increase the efficiency of law enforcement
agencies, strengthen their responsibility to
ensure public order, reliable protection of the
rights, freedoms and legitimate interests of
citizens" chief accountants, senior inspectors,
senior engineers of fire safety departments of
internal affairs departments, as well as senior
inspectors of non-custodial control units
(groups), heads of passport departments and
the public working in places of regular public
events The positions of senior inspectors of
law
enforcement
groups
have
been
established by officers [4] and are used to
The USA Journals Volume 03 Issue 10-2021
55
The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
October 30, 2021 |
Pages:
52-57
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue10-09
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2021:
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prepare and conduct public events, as well as
to maintain public order and protect the safety
of citizens in crowded places. strict control
over the implementation of measures for the
implementation of the law, organizational and
methodological guidance and coordination of
the activities of ministries and agencies in this
area. With this decree, the legal status and
main tasks of the Ministry of Internal Affairs
were redefined in accordance with modern
requirements. The Ministry of Internal Affairs
of the Republic of Uzbekistan is a special state
service that protects the constitutional rights
of citizens and the interests of the state and
society
from
criminal
encroachment,
maintaining public order and ensuring the
safety of citizens. In order to maintain a reliable
public order and ensure the safety of citizens,
it was necessary to form in the law
enforcement
agencies
personnel
with
excellent professional skills who could use the
most modern and combative, fast-moving
forensic tools. For this purpose, by the decision
of the Cabinet of Ministers of the Republic of
Uzbekistan dated September 23, 2004, the
positions of sergeants in the internal affairs
bodies were increased. Today, in accordance
with the decision of the President of the
Republic of Uzbekistan Shavkat Mirziyoyev No.
3919 in 2018, the Institute of Advanced Training
was established. The leadership of the republic
has always recognized that service in the
system of the Ministry of Internal Affairs is an
honorable and responsible duty. In order to
further glorify this profession, the Law of the
Republic of Uzbekistan dated December 6,
2006 "On the establishment of the Day of
Internal Affairs of the Republic of Uzbekistan"
was adopted. In order to achieve the lofty
goals of the Republic, during the years of
independence, large-scale, substantial work
has been done on the deep reform of the
system of internal affairs, which is an important
link in strengthening the law and order.
Virtually all top-down law enforcement
agencies have been formed on a qualitatively
new basis, and priorities have been identified
for the establishment of an effective public
safety system using modern methods and tools
of law enforcement and crime control. Such
changes and reforms are primarily aimed at
strengthening the fight against organized
crime,
terrorism
and
drug
trafficking,
strengthening the search and investigation
units, ensuring road safety, improving the
activities of the post-patrol service and
increasing the role of the preventive service.
The President of the Republic of Uzbekistan
Shavkat Mirziyoyev has identified priorities for
the establishment of an effective system of
public safety using law enforcement and
modern methods and means of combating
crime.
Attempts have been made to analyze the
normative legal acts issued since the early days
of independence, which determine the legal
status of law enforcement agencies. The
analysis shows that the above-mentioned
normative legal acts are not enough to provide
administrative and legal support to the actions
of law enforcement officers, especially in
maintaining public order and ensuring the
safety of citizens during public events, in order
to create a complete legal system of law
enforcement. Verbal and written instructions
of the competent authorities and officials on
the application of administrative-preventive
measures
and
administrative
restrictive
measures, the execution of decisions on the
imposition of penalties for administrative
offenses are in fact clear documents on
The USA Journals Volume 03 Issue 10-2021
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The American Journal of Political Science Law and Criminology
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October 30, 2021 |
Pages:
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Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue10-09
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management. It should be noted that in the
exercise of administrative legal powers of
public order subjects on specific issues of
governance, legal relations arise, in which both
parties have mutual rights and obligations.
Thus, the law enforcement agencies, while
exercising the right to issue orders and
imposing penalties, must act within their
powers and strictly comply with the
requirements of the Constitution of the
Republic on respect for the individual,
protection of civil rights and freedoms. Citizens
have the right to protect their honor and
dignity, as well as other legitimate interests, in
addition to the duties and responsibilities set
forth in the Constitution, as well as the legal
requirements and orders of law enforcement
officers. Subjects of administrative protection
of public order widely use organizational forms
in addition to administrative legal forms of
influence. Organizational forms of influence,
unlike administrative legal forms, affect people
not directly, but indirectly, make them want to
commit certain actions or refrain from such
actions, create favorable conditions for
maintaining public order.
Thus, the administrative and legal protection of
public order is the activity of execution and
order of state bodies and some public
organizations to regulate the daily processes in
this area and protect them from adverse
effects.
The work on ensuring public order and safety
during public events by law enforcement
agencies is carried out in three stages:
preparation, conduct and final stages. In
preparation for the permitted public events,
the following activities shall be carried out by
the internal affairs bodies:
During the preparation and conduct of public
events, the tasks of maintaining public order
and ensuring the safety of citizens are directly
assigned to law enforcement agencies, and
currently in the performance of these tasks and
functions, law enforcement officers apply
administrative coercive measures. According
to the Russian scholar Yu.M. Kozlov [5],
"administrative coercion is not the main goal,
but a form of state coercion, which is used as a
last resort to protect and maintain law and
order." Administrative coercive measures are
used as a means of preventing and restricting
offenses, reviewing administrative offense
cases, as well as ensuring public order and
safety, respectively. In the broadest sense,
administrative
coercion
ensures
the
implementation of the rules of conduct
expressed
in
administrative
law.
Administrative coercion is usually an out-of-
court measure applied by law enforcement
agencies in the course of their day-to-day
activities.
Administrative coercion, according to H.R.
Alimov, is "a method of mental or physical
influence on the minds and behavior of people,
used in the field of public administration to
bring to justice those responsible, to prevent
and limit administrative offenses" [6].
Measures to inspect the operation and safety
of all existing utilities, electricity and sewerage
networks in the areas of public events in
cooperation with special services of law
enforcement agencies, cynologists, sappers,
fire safety officers and employees of the
Ministry of Emergency Situations. At present,
we can cite only the decisions of the Cabinet of
Ministers of the Republic of Uzbekistan on
holding public events as the legal basis for
these events. The legal basis for these events is
The USA Journals Volume 03 Issue 10-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
October 30, 2021 |
Pages:
52-57
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue10-09
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not
fully
established
in
our
current
administrative legislation. Measures to inspect
and close basements and attics in order to
prevent terrorist acts in the premises of
enterprises, organizations and citizens located
in the areas of public events. Although these
measures have not yet found a full legal basis,
they are regularly carried out by law
enforcement officers. In some cases, from a
security point of view, citizens are not allowed
to open the windows of their houses or go to
their balconies. In order to prevent the
violation of the rights and freedoms and
interests of individuals and legal entities, it is
necessary to regulate the actions of law
enforcement agencies.
During the public event, administrative
detainees are often detained in special places,
rooms or interrogation groups set up at the
event venues. Article 284 of the Code of
Administrative Responsibility of the Republic
of Uzbekistan stipulates that offenders shall be
taken to the building of the citizens' self-
government div, the police base and the
internal affairs bodies. However, during public
events, offenders who violated public order
were not detained in separate places
organized by the police.
In order to legally regulate the above-
mentioned problematic cases, it is necessary to
submit a proposal to the Legislative Chamber
of the Oliy Majlis on the draft law on the
amendment to Article 284 of the Code of
Administrative Responsibility.
REFERENCES
1.
Law of the Republic of Uzbekistan "On
Internal Affairs Bodies" of September 16,
2016 // Collection of Legislation of the
Republic of Uzbekistan. -
2.
Decree of the President of the Republic of
Uzbekistan dated February 7, 2017 No PF-
4947 "On the strategy of further
development
of
the
Republic
of
Uzbekistan" Collection of Legislation of the
Republic of Uzbekistan, 2017.016.URQ-407
3.
Resolution of May 1, 2017 (PQ-2940) "On
measures to radically improve the activities
of law enforcement agencies in the field of
public order and public safety"
4.
Decree of the President of the Republic of
Uzbekistan No. PF-5005 of April 10, 2017
"On measures to radically increase the
efficiency of law enforcement agencies,
strengthen their responsibility to ensure
public order, reliable protection of the
rights, freedoms and legitimate interests of
citizens" // Uzbekistan Collection of
legislation of the Republic. - 2017. - № 15. -
243-m.
5.
Yu.M.Kozlov. Administrative law M.Yurist
2003. Pages 160–164.
6.
Administrative law of the Republic of
Uzbekistan \ Alimov X.R., Solovev L.I. i dr. \
T. “Justice” 1999. pp. 193–195.
