The USA Journals Volume 03 Issue 06-2021
55
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
June 30, 2021 |
Pages:
55-60
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-08
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
The role of the institution of legal monitoring in law making, in particular its affect to the
effectiveness of laws are analyzed in the article. In addition, the article puts forward several issues in
law making and the necessity to apply legal monitoring on them as a solution.
KEYWORDS
Law, monitoring, act of parliament, norm, normative legal act.
INTRODUCTION
Many problems in law making in the process
of legal reforms in our country require a
scientific study of the effectiveness of laws in
this process.
In particular, the quality of legislation depends
not only on its form and content, but also on
how it is enforced.
In our view, when studying this issue, it is
necessary to pay attention to two stages of
the effectiveness of law making. The first
stage is legal efficiency, which is characterized
by the compliance of the practice of law
enforcement with the actions specified in the
norm developed by the legislator.
The second stage defines social efficiency. In
this case, the legislation is assessed by social
goals that are directly outside the scope of
legal regulation.
When it comes to the quality of laws, it should
be noted that there are problems in this
regard. In particular, the reasons for the
insufficient quality of laws are explained by
the problems of the legislative process. They
are directly related to the problems of
Legal Monitoring – Is An Important Institution Affecting The
Effectiveness Of Laws
Rustambek Sayidov
The Independent Researcher Of TSUL, The Chief Researcher Of Legislation And Parliamentary
Research Institute Under Oliy Majlis Of The Republic Of Uzbekistan
Journal
Website:
http://theamericanjour
nals.com/index.php/taj
pslc
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 06-2021
56
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
June 30, 2021 |
Pages:
55-60
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-08
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2021:
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drafting and adopting laws. Therefore,
measuring efficiency in this regard serves as
an important tool in identifying the necessity
to improve legal regulation.
Problems in law making can be conditionally
divided into as follows:
The first block of factors affecting the
quality of laws is related to legal policy.
Laws are passed in a hurry, without taking
into account the comprehensiveness of
the regulation of legislation;
The second block of factors for the
preparation and adoption of qualitatively
“defective” laws is related to the
organization of the legislative process.
Lack of positive results of the legislative
process, for instance lack of quality laws,
technical shortcomings in the work of
parliamentary
committees
and
commissions,
lack
of
cooperation
between the legal services of public
administration.
The third block of factors affecting the
quality of laws is related to organizational
problems. It is a question of inconsistency
in legislative activity. Bills are drafted by
many governmental agencies that are not
always fully prepared for this activity.
Their drafts, often not agreed with other
interested
bodies,
are
sometimes
submitted to the legislator at the same
time. As a result, neither their scientific
basis nor any conceptual integrity is
ensured;
The fourth block of factors that negatively
affect the quality of laws is directly related
to the shortcomings of legal writing,
language,
style,
terminology,
classification,
codification
and
systematization problems, which often
occur due to lack of qualified specialists in
this sphere.
One of the main ways to address the above
mentioned problems and implement activities
aimed at ensuring the quality of laws is legal
monitoring [1,2].
There is no single point of view in the scientific
literature on the definition of the concept of
monitoring.
“Monitoring” usually means monitoring the
process on a regular basis, collecting
information about something, and preparing
recommendations
for
processing
and
correction. It should be noted that legal
monitoring is one of the most effective
institutions in legislative process. In this
regard, there is an objective need for scientific
understanding and theoretical legal research
on the specifics of legal monitoring in the
context of modern law making.
A legal scholar I.Jujgov believes that in order
to fully understand the essence of the concept
of monitoring, it is necessary to first consider
its objects, identify the elements that make up
the monitoring, indicate the purpose of
monitoring [3].
Indeed, not only the current legislation and
the practice of its application, but also the
preparation
of
legislation
and
other
rulemaking activities of all branches of
government are the object of monitoring [4].
However, the above mentioned definitions do
not cover the stages of rulemaking or law
enforcement when applied separately.
Indeed, legal monitoring includes the stages
of legal activity, such as the process of
The USA Journals Volume 03 Issue 06-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
June 30, 2021 |
Pages:
55-60
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-08
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rulemaking, assessment of the quality of
existing normative legal acts and law
enforcement [5].
Хусусан,
рус
ҳ
у
қ
у
қ
шунос
олими
Ю.А.Тихомиров
ҳ
у
қ
у
қ
ий
мониторингни
қ
онун вужудга келиши ва бош
қ
арув
фаолиятининг барча бос
қ
ичларида намоён
бўладиган ва
ҳ
аракатланадиган, ахборот-
ба
ҳ
оловчи характердаги динамик ташкилий-
ҳ
у
қ
у
қ
ий институт сифатида ба
ҳ
олайди [6].
As Professor Sh. Fayziev noted, the
observation, analysis of the viability of laws
and drawing conclusions based on them is an
integral part of the monitoring of legislation.
Legislative monitoring aims to improve the
quality and effectiveness of legislation, to
ensure
the
interconnectedness,
comprehensiveness and coherence of legal
norms in the legislation [7].
According
to
another
scientist
Sh.
Ruzinazarov, on the basis of legal monitoring,
the observance of legal norms as a means of
regulating social relations is carried out, and
the level of effectiveness of the legislation,
the cases related to the elimination of its
shortcomings are identified [8].
Indeed, the use of legal monitoring expands
the system of methods of providing
information on the basic rights and freedoms
of citizens, contributes to the completeness
and reliability of information about the
shortcomings of the existing legislative
system.
Also, in the process of monitoring the
effectiveness of law making, the researcher
receives
comprehensive
and
accurate
scientific information about the impact of
regulations, in particular, the violation of
individual rights and freedoms through the
norms of the legislation.
In our opinion, in order to achieve the
effectiveness of law making activity, legal
monitoring should be organized in such a way
that the object of monitoring should cover the
entire system of normative legal acts.
Legal monitoring should be recognized as a
mandatory function of all state structures in
forms appropriate to their status and
competence [9].
In this regard, it is worth mentioning the work
being done in Uzbekistan to improve the
institution of legal monitoring.
The legislation adopted in the framework of
the Action Strategy for the five priority areas
of development of the Republic of Uzbekistan
for 2017-2021, aimed at the legal support of
the
reforms,
ensures
the
successful
implementation of reforms. After all, in the
content of normative legal acts adopted in
recent years, the main ideas and principles of
the new legal system are finding their
practical expression.
It should also be noted that the reforms
carried out in the process of democratization
and renewal of society, modernization and
reform of the country have led to a certain
change in the content and essence of social
relations.
Now the time itself demands a complete legal
regulation of social relations. This, in turn,
leads to an increase in the number and scope
of existing regulations. It is in these processes
that legal monitoring aimed at ensuring the
quality of implementation of the adopted
legislation is important.
The USA Journals Volume 03 Issue 06-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
June 30, 2021 |
Pages:
55-60
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-08
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Indeed, through legal monitoring, it is possible
to analyze and evaluate the effectiveness of
the application of the legislation, as well as to
determine its prospects. Even in the process
of rulemaking, legal monitoring serves as a
sort of bridge between the stages of
development of normative legal acts and the
execution of legislation.
Legal monitoring serves to constantly monitor
the level of legal regulation of social relations,
to develop methods and techniques to bring it
to an acceptable state as a result of a critical
assessment of the state of the legal system, to
implement them in practice.
In other words, through legal monitoring,
inconsistencies, contradictions, corruption,
duplication and conflict in the legislation are
identified and eliminated.
In this purpose, it is worth noting the
Resolution of the President of the Republic of
Uzbekistan, adopted on November 2, 2019, No
PR–4505 “On measures to improve the
effectiveness of legislation on the basis of
modern mechanisms of legal monitoring”.
Because this Resolution introduced a new
mechanism of legal monitoring of the
executions of normative legal acts.
According to this, a three-stage system of
legal monitoring in the form of “public
administration – Ministry of Justice –
Government” has been established.
That is, public administration bodies through
their legal services within their competence
carry out legal monitoring of acts that are the
subject matter of regulation. The Ministry of
Justice of the Republic of Uzbekistan, as a
specially
authorized
div
of
public
administration in the field of legal monitoring,
coordinates this activity. The Cabinet of
Ministers of the Republic of Uzbekistan
approves the plan of legal monitoring and
discusses the report on its results in the
Presidium.
The list of normative legal acts to be subject
to legal monitoring is determined by the
number of appeals for their interpretation and
practical application, in particular, the
presence of illegal or unreasonable decisions
of public administration bodies in this process,
and other indicators.
The introduction of this system will ensure the
introduction of a unified practice of
enforcement of regulations. This prevents the
different interpretations of the legislation and
plays an important role in its uniform
execution.
In order for legal monitoring to achieve its
intended results, it is important to first
identify its objects, the elements that make up
the monitoring. With this in mind, the act
clearly defines the objects of legal monitoring.
Since legal monitoring covers all stages of law
enforcement and legal activity, its targeted
execution has a special place in the full
implementation of regulations..
In addition, the processes related to legal
monitoring are now carried out on a special
electronic platform in a single electronic
system of development and coordination of
draft normative legal acts, which allows the
use of monitoring results in law making and
law enforcement.
In accordance with today’s requirements, the
committees of the Senate of Oliy Majlis have
been set up to monitor the execution of laws,
The USA Journals Volume 03 Issue 06-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
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June 30, 2021 |
Pages:
55-60
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-08
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law enforcement practices and the adoption
of secondary legislation.
So far, the Senate committees, in cooperation
with the Legislation and Parliamentary
Research Institute, as well as other relevant
agencies and organizations, have monitored
more than 20 important laws. Guarantees of
access to information, protection of women
and children rights, mortgage and charity, e-
commerce,
investment,
transport
and
currency,
environmental
security
and
technical regulation, search
operations,
international agreements, laws and other
normative legal acts governing cultural
property legal acts are among them.
The monitoring carried out by the Senate is
based on the requirements of the Law “On
Parliamentary control” and the Concept for
Improving the rulemaking activity, based on
the current reforms, the goals and objectives
of the Action Strategy.
Summarizing the results of the monitoring,
the following main shortcomings can be
identified in the legislation:
Most articles of the laws are declarative in
nature;
The norms of laws in the sphere overlap, for
instance they are not systematized;
Concepts are not clearly articulated, key terms
are not disclosed;
The laws contain redundant reference norms
and outdated regulatory mechanisms.
Such shortcomings have a negative impact on
the implementation of the laws studied. That
is, some of their norms do not work, are not
applied directly. This leads to the fact that the
sphere is mainly regulated by secondary
legislation acts [10].
In short, with the effective use of the
opportunities of the institution of legal
monitoring, it is possible to regulate the
system of acts of legislation, to ensure the
compliance of law enforcement practice with
the objectives of the adoption of normative
legal acts through the widespread use of its
results.
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Doi:
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