The American Journal of Political Science Law and Criminology
36
https://www.theamericanjournals.com/index.php/tajpslc
TYPE
Original Research
PAGE NO.
36-47
10.37547/tajpslc/Volume07Issue02-08
OPEN ACCESS
SUBMITED
24 December 2024
ACCEPTED
26 January 2025
PUBLISHED
28 February 2025
VOLUME
Vol.07 Issue02 2025
CITATIO N
Ulugbek Ahunov. (2025). Legal mechanisms for organizing prosecutorial
supervision over the implementation of legislation on food security and
their improvement. The American Journal of Political Science Law and
Criminology, 7(02), 36
–
47.
https://doi.org/10.37547/tajpslc/Volume07Issue02-08
COPYRIGHT
© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.
Legal mechanisms for
organizing prosecutorial
supervision over the
implementation of
legislation on food security
and their improvement
Ulugbek Ahunov
Independent Researcher at the Academy of Law Enforcement of the
Republic of Uzbekistan
Abstract:
In this article, the legal mechanisms of the
prosecutor's control over the implementation of
legislation on food safety and issues of their
improvement, the analysis of the opinions of legal
scholars on this issue, and the legislative experience of
foreign countries are studied. As a result of the analysis,
suggestions on improving the legal mechanisms of the
prosecutor's control over the implementation of the
legislation on food safety are substantiated.
Keywords:
Analysis, suggestions, legal mechanisms.
Introduction:
The prosecutor's control over the
implementation of legislation on food safety can be fully
implemented only if the basis of activity in this field is
guaranteed.
Of course, in this direction, the normative rules for
organizing prosecutorial control are one of the most
important mechanisms for organizing prosecutorial
activities, and they cannot be considered declarative in
nature.
Because the normative acts contain certain guarantees
for the implementation of the activities of the
prosecutor in the field of food safety, which is a factor
that directly affects the positive result of the
prosecutor's control.
The mechanism of organizing the prosecutor's control
over food safety means the set of tools necessary for the
full and effective implementation of the prosecutor's
control in this direction.
The following can be included in such important legal
mechanisms of organizing prosecutor's activities:
The American Journal of Political Science Law and Criminology
37
https://www.theamericanjournals.com/index.php/tajpslc
The American Journal of Political Science Law and Criminology
1. Normative legal documents regulating prosecutor's
control activities.
Article 3 of the Law of the Republic of Uzbekistan “On
the Prosec
utor's Office” of August 29, 2001 establishes
the procedure for the organization and functioning of
prosecutor's offices, as well as their powers, as
determined by the Constitution of the Republic of
Uzbekistan, this Law and other legislative acts.
In accordance with Article 143 of the Constitution of
the Republic of Uzbekistan, control over the precise
and uniform implementation of laws (including those
on food safety) in the territory of the Republic of
Uzbekistan is carried out by the Prosecutor General of
the Republic of Uzbekistan and prosecutors
subordinate to him.
In accordance with Article 7 of the Law of the Republic
of Uzbekistan "On Regulatory and Legal Acts" dated
April 20, 2021, the Constitution and laws of the
Republic of Uzbekistan, as well as resolutions of the
chambers of the Oliy Majlis of the Republic of
Uzbekistan, are included in the list of legislative acts.
Such legislative acts include the Laws of the Republic of
Uzbekistan “On the Quality and Safety of Food
Products” (1997), “On Measu
res to Provide the
Population with Certain Types of Food Products”
(2021), “On Amendments to the Tax Code of the
Republic of Uzbekistan Aiming at Guaranteed Provision
of the Population with Basic Types of Food Products”
(2021),
“On
Supporting
Breastfeeding
and
Requirements for Food Products for Infants and Young
Children” (2019), “On the Prosecutor’s Office” (2001),
the Laws of the President of the Republic of Uzbekistan
“On Measures to Further Ensure the Food Security of
the Country” (2018), “On Additional
Measures to
Ensure Price Stability in Consumer Markets and
Increase the Effectiveness of Antimonopoly Measures”
(2022), “On the Development Strategy of the New
Uzbekistan for 2022
–2026” (2022) Decrees, the
Resolution "On measures to organize the activities of
the Inspectorate for Supervision of the Agro-Industrial
Complex and Food Safety under the Prosecutor
General's Office of the Republic of Uzbekistan" (2018),
the Resolutions of the Cabinet of Ministers " On
measures to ensure the stability of prices for basic food
and essential products and systematic control over the
safety and quality of products" (2022), "On additional
measures to ensure food safety and price stability in
the domestic market" (2022).
2. The activities of the prosecutor's office and the
principles of its organization;
The principles of organizing the activities of the
prosecutor's office over the execution of legal acts
related to food safety are reflected in Article 5 of the
Law "On the Prosecutor's Office", and the main
principles of their activity are unity, centralization,
legality, independence and transparency.
The prosecutor's offices form a single centralized
system headed by the Prosecutor General of the
Republic of Uzbekistan, and operate on the basis of
subordination and accountability of lower-ranking
prosecutors to higher-ranking prosecutors and the
Prosecutor General of the Republic of Uzbekistan.
It is also established that a higher-ranking prosecutor
has the right to give instructions to a lower-ranking
prosecutor or to change or cancel any of his decisions,
including procedural ones, and that he is fully
responsible for the proper organization of the work of
all prosecutors under his command.
In addition, when exercising control over the
implementation of legislation on food safety,
employees of the prosecutor's office must strictly
observe and implement the requirements of the
Constitution of the Republic of Uzbekistan and other
legislative acts.
exercises his powers independently of any state bodies,
public associations and officials, subject only to the law.
3. Powers used by the prosecutor in the implementation
of control activities;
Among the mechanisms of the prosecutor's control over
the implementation of legislation on food safety, the
powers of the prosecutor occupy an important place.
The powers of the prosecutor vary depending on the
direction of control. The Law of the Republic of
Uzbekistan "On the Prosecutor's Office" distinguishes
the powers of the prosecutor in exercising control over
the observance of the rights and freedoms of citizens
(Article 25) , the powers of the prosecutor in exercising
control over the implementation of laws by bodies
responsible for combating crime (Article 28) , the
powers of the prosecutor in exercising control over the
observance of the law in places of detention of
detainees, prisoners, during the execution of criminal
penalties and other measures of criminal legal impact
(Article 31) , and the participation of the prosecutor in
the consideration of cases in courts (Article 33) .
The prosecutor's obligations in carrying out supervisory
activities are reflected in regulatory legal acts, as well as
in ethical rules approved by internal local legal acts (for
example, a code of professional ethics).
4. Prosecutor's procedure;
It is important for the prosecutor to follow the
established procedures while exercising control over
the implementation of legal acts related to food safety.
Non-observance of certain procedural rules while
carrying out supervision by the prosecutor has a
The American Journal of Political Science Law and Criminology
38
https://www.theamericanjournals.com/index.php/tajpslc
The American Journal of Political Science Law and Criminology
negative effect on the quality of his supervision.
5. Legal Sanctions.
Prosecutor's sanctions are another mechanism of
prosecutor's supervision in the field of food safety.
Prosecutor's sanctions are manifested in various forms
of liability (criminal, administrative, etc.).
The issue of the offender's responsibility and the
prosecutor's sanction are important in the relations of
the prosecutor's control.
There are 2 types of sanctions in prosecutorial control
relations:
1)
Sanctions directly related to the prosecutor
himself;
For example, if the court approves the indictment
without conducting a full preliminary investigation for
the production, storage, transportation or sale of
goods that do not meet the requirements of consumer
safety or health, the court may return the criminal case
to the prosecutor for additional investigative actions.
This is one of the sanctions related to the prosecutor's
activities.
2) Sanctions related to other persons who enter into
legal relations with the prosecutor in the exercise of
supervisory activities.
In particular, the administrative liability of citizens for
obstructing the lawful activities of a prosecutor is
included in the sanctions related to persons who enter
into relations with the prosecutor.
Effective organization of the prosecutor's supervision
over the implementation of legal acts related to food
safety serves as an important guarantee of satisfying
the population's demand for food products, reducing
imports, and ensuring the quality of food products.
it is impossible not to agree with A. Weingard's
opinion that "the implementation of prosecutorial
control is directly related to the strengthening of law
and order in the activities of representative and
executive bodies." Indeed, the implementation of
prosecutorial control over the implementation of laws
encourages the full and proper performance of their
duties in the implementation of laws and the officials
responsible for them. Therefore, the proper
organization of prosecutorial control over the
implementation of food safety legislation has a
positive impact on ensuring the rule of law and
strengthening legality in our country.
In legal literature, legal scholars also put forward
positive opinions about the importance of organizing
control over the implementation of laws. For example,
B.Kh. Pulatov puts forward the idea that “the
organization of control over the implementation of
laws is one of the specific methods of prosecutorial
control activities, and the success of this activity is
determined by the degree to which it is organized in the
center and in the localities.” According to F.Kh.
Rakhimov, preparation for each inspection and the
study of laws are the basis for the qualitative and
effective conduct of inspections.
The above-mentioned points show that the organization
of work on monitoring the implementation of laws - as
a set of measures for selecting, placing, training
prosecutor's office employees, regulating their
activities, providing them with all necessary means,
collecting and analyzing information, planning work,
and monitoring - serves to strengthen the rule of law in
society, set clear tasks for prosecutor's office
employees, take into account their capabilities, and
effectively manage the team by properly distributing
these capabilities.
Although the proper organization of work on monitoring
the implementation of food safety legislation is
considered important in our country in providing the
population with high-quality and safe food products, it
shows that there are some serious problems in
organizing prosecutorial control in this area. Therefore,
the failure to comply with legal requirements in the
cultivation,
cultivation,
production,
storage,
transportation and circulation of food crops, the
indifferent attitude of some leaders to established
procedures and legal regulations are of serious concern.
The extent to which A.B. Komilov's opinion that "at the
moment, prosecutors are not fully using their potential
to expose cases of abuse of official authority and
embezzlement by officials of local khokimiyats,
supervisory and inspection and management bodies,
and law enforcement agencies" is correct, raises the
need to find solutions to existing problems in this area
as well.
When it comes to the role of the prosecutor in ensuring
food security in the country, information analysis
activities play an important role in the timely
identification, prediction, and elimination of internal
and external threats.
In the theory of prosecutor's control, the basis of
information-analytical activity is the state of legality,
that is, the state of crime and the set of cases of law
violations that do not have a criminal character.
The legislative situation is characterized by a set of
quantitative and qualitative indicators reflecting the
actual implementation (or non-implementation) of legal
requirements during a certain period of time under
study. The criminal situation is expressed by qualitative
and quantitative indicators reflecting the number of
criminally punishable acts of various severity committed
The American Journal of Political Science Law and Criminology
39
https://www.theamericanjournals.com/index.php/tajpslc
The American Journal of Political Science Law and Criminology
during a certain period of time without complying with
the prohibitions established by law.
The prosecutor's office faces certain tasks in order to
obtain reliable information about the state of affairs in
a particular area of social life.
Let's consider some tasks aimed at identifying,
predicting and eliminating risks in the food sector.
1. Identify the number, structure, dynamics, stages of
their development, and factors leading to the
commission of criminal, administrative, and civil and
economic offenses in the region.
Analyzing the state of the law, the prosecutor
examines existing problems comprehensively, not in
specific sectors, as the supervisory authority does. The
prosecutor's task is to identify legal loopholes and
difficulties in applying legal norms.
At the same time, the prosecutor evaluates the
measures taken by supervisory authorities to identify
and eliminate violations of the law in the field of food
safety, and studies judicial practice in this area.
As a result of such work, trends in the development of
certain processes are determined.
2. Forecasting the legal situation for the development
of the prosecutor's activity strategy.
When the prosecutor has comprehensive information
about the development of negative processes in the
field of food safety, he can influence these cases, i.e.
take measures to reduce them, if he does not have the
authority, he enters information about the cases of
violations of the law and measures to eliminate them
to the competent executive authorities (for example,
when it is determined that there are gaps in the legal
documents on food safety, the prosecutor has the right
to initiate legislation about this sending information to
the subject) .
3. To study the effectiveness of measures aimed at
eliminating cases of violations of the law.
4. Alerting the Prosecutor General to processes and
events leading to violations of the law in a particular
region, and to prosecutors' efforts to strengthen the
rule of law in the country.
This task is one of the most important tasks for a
prosecutor.
No matter how successfully the prosecutor works at
the district, city and regional level, he cannot change
the situation in the country. It will be possible to
achieve a certain positive result only by taking
comprehensive measures at the republic level.
Thus, by receiving information on the state of the law
in various regions, the Prosecutor General is aware of
the situation in a particular area throughout the
country and can inform the highest state authorities
about it.
At the same time, such reports are not only informative,
but also important in that they can influence the current
situation in ensuring food safety, reducing or completely
eliminating risks in the sector.
The production of local food products and raw materials
plays an important role in organizing the prosecutor's
control over the implementation of legislation on food
safety.
The purposeful and efficient use of land and its
protection in the production of food products and raw
materials should be the constant focus of prosecutors.
According to Article 1 of the Land Code of the Republic
of Uzbekistan, land is a national asset, it must be used
rationally as the basis of the life, activities and well-
being of the people of the Republic of Uzbekistan, and it
is protected by the state.
The analysis shows that due to the water shortage
observed in recent years, the poor land reclamation
condition, and the failure to take other organizational
measures in a timely manner, the condition of 427
thousand hectares of irrigated land deteriorated last
year, sharply reducing soil fertility. True, the
deterioration of the condition of these areas was also
caused by problems with water supply and natural
factors associated with changes in soil composition.
However,
the deterioration of the land reclamation condition of
3,588 hectares of land due to the inoperability or
unusability of land reclamation networks is precisely the
fault of those responsible.
This, in turn, has a negative impact on food production.
The current situation in the preservation and use of
reserve lands shows the need for a radical revision of
the prosecutor's control in this area as well. According
to the received data, as of January 1, 2022, 632,000
hectares of agricultural land in the republic are in the
reserve of district administrations, unused.
Analyses show that cases of arbitrary occupation of land
and illegal construction are increasing year by year. In
particular, during the land inventory conducted by the
prosecutor's office together with relevant departments
in 2019-2020, it was revealed that 9,012 hectares of
land were occupied arbitrarily in 32,216 cases across the
republic, and 3,500 hectares of illegal construction was
carried out in 46,212 cases.
In such a case, the prosecutor, along with resolving the
issue of liability of the guilty parties, will also have to
apply measures to revoke the rights to the land plot
specified in Article 36 of the Land Code. Because food
independence cannot be achieved without effective and
The American Journal of Political Science Law and Criminology
40
https://www.theamericanjournals.com/index.php/tajpslc
The American Journal of Political Science Law and Criminology
rational use of land.
Legal scholars Yu.O. Karpysheva and A.L. Repetskaya
emphasized that agricultural land is related to food
security and assessed it as an investment object of
strategic importance.
As the area of land suitable for food production
shrinks, the use of new chemical agents, growth-
promoting hormones, soilless crop cultivation,
breeding work, and the application of genetic
engineering have expanded.
However, not all products produced using the above
methods meet safety requirements.
German scientists N. Villiers and L. Kichler believe that
as demand for environmentally friendly products
increases, attention will be paid to producing products
without the use of chemicals.
Other foreign scientists S. Dmitriy and I. Obkoltzer note
that the demand for the cultivation of environmentally
friendly products has increased in developed
countries.
This is about organic agriculture. However, it is difficult
for food products produced using industrial and
intensive technologies to comply with the principles of
organic agriculture, since food products grown in an
intensive manner do not meet the high environmental
standards required.
The use of pesticides and agrochemicals in food
production can cause serious harm not only to the lives
and health of people living today, but also to future
generations.
For example, Yu.O. Karpysheva and A.L. Repetskaya
believe that the Russian Federation poses a serious
threat to the soil and human life due to the use of large
amounts of chemicals by citizens of the PRC or Russian
citizens of Chinese ethnicity in greenhouses to grow
food using banned chemicals.
The field of cultivation of crops in China is developing
very actively, and this country is the world's largest
producer of fruits, vegetables, poly products, and all
fertilizers that accelerate their development.
According to A.V. Palamarchuk, Head of the Federal
Law Enforcement Directorate of the Prosecutor
General's Office of the Russian Federation, the greatest
threat to the ecology of the Russian Federation is the
accumulation of toxic waste that destroys the fertile
layer of the soil. Although 5 billion tons of waste are
collected in Russia annually, only 15 percent of it is
recycled. In total, more than 30 billion tons of waste
are collected in Russia, destroying thousands of
hectares of fertile soil.
Uzbekistan also generates 7 million tons of solid
household waste annually. At 2 percent per capita, this
is twice the global average.
In our country, research into these problems is very
slow, and the laboratories of the Republican Center for
Agrochemical Analysis are very outdated and lack
modern tools to determine the level of soil
contamination by chemicals.
Prosecution authorities should actively participate in
neutralizing these problems.
Inspections of the use of pesticides and agrochemicals
in the production of food products, as well as product
quality, conducted in cooperation with the prosecutor's
office and supervisory authorities, have an effective
impact on eliminating violations and allow the
prosecutor to apply all possible measures of influence
against violations of the law (from filing a lawsuit to
suspend activities, to recovering illegally occupied land
or recovering damage caused to the environment, to
determining criminal liability).
Prosecutorial supervision over the implementation of
food safety legislation can examine not only the
activities of illegal producers, but also the activities of
legal agricultural producers related to the storage and
use of pesticides and agrochemicals.
aerial spraying of fields without prior notification of the
population, and failure to comply with the requirements
of sanitary protection zones when carrying out such
chemical spraying, are among these.
Or, in most cases, pesticides and agrochemicals can be
stored in an open area, not intended for storage.
If such cases are identified, prosecutors should, as a
rule, require the offender to store or dispose of
pesticides and agrochemicals in an appropriate location
through judicial proceedings.
If the violator is not identified, the pesticides will be
deemed ownerless and the local government will be
responsible for disposing of them in accordance with a
court decision based on a prosecutor's complaint.
Thus, as a result of the increase in inspections and
monitoring by prosecutors in recent years regarding the
illegal storage and use of dangerous pesticides and
agrochemicals, certain positive results have been
achieved in preserving agricultural land, ensuring the
safety of food products, and ensuring food security in
Uzbekistan.
Another area of activity of the prosecutor in the field of
food safety is to ensure control over its quality.
For example, prosecutors periodically check the quality
of food products supplied to educational and medical
institutions, social facilities, trade networks, markets,
and state reserves.
The American Journal of Political Science Law and Criminology
41
https://www.theamericanjournals.com/index.php/tajpslc
The American Journal of Political Science Law and Criminology
In almost all such investigations, cases of violation of
the law are identified, and appropriate prosecutorial
control documents are used.
Violations of the law, such as non-existence of control
over the quality of products purchased in educational
and medical institutions, non-compliance with their
storage conditions, are widely recognized.
Of course, the main specialist and supervisor in this
regard is the Consumer Rights Protection Agency
under the Anti-Monopoly Committee of the Republic
of Uzbekistan and its regional bodies.
Only, in some cases, this Agency itself may become an
object of control by the prosecutor's office and
investigative bodies.
Thus, the primary task of the prosecutor's office in
ensuring the quality of food products is to ensure
control over the actions (inaction) of a specialized state
authority - the Consumer Rights Protection Agency and
its territorial bodies, as well as to conduct joint
inspection activities with this div.
In our opinion, another area of ensuring the safety of
food products is the quality and safety of drinking
water, which is an integral part of the daily diet of any
person.
The work in this field can be divided into 2 main parts:
the first is to ensure the enforcement of laws on the
use of surface waters and their protected areas, and
the second is to ensure the legislation on the use of
underground waters.
Another direction of the prosecutor's supervision
regarding food safety is the physical and economic
access of citizens to food products.
While the physical availability of food products is the
availability of food products necessary for the needs of
the population, economic availability should be
understood as the ability of each population to
economically purchase this food product.
As a result of the establishment of prosecutorial
control in our country to ensure food safety, which has
given import-substituting products wide access to the
domestic consumer market, there are also cases of
attempts by local producers to unjustifiably raise food
prices through extortion.
To prevent such illegal actions, it is advisable for
prosecutors' offices to conduct regular monitoring
activities with the Antimonopoly Committee of the
Republic of Uzbekistan.
The prosecutor's office draws a conclusion that the
information received by the prosecutor's office about
the fact of violation of the law and the results of the
prosecutor's information and analytical checks, as well
as the work plans of the prosecutor's office, should be
taken into account.
Sh.J. Rakhimov, in his research, shows that at least the
following three conditions are necessary for the work to
be done correctly: "first, information about violations of
the law and the circumstances that led to these
violations; second, means of obtaining, collecting and
processing information; and finally, the presence of a
clear goal for planning the work."
In our opinion, both scientists overlooked the fact that
in order to properly conduct research, it is first
necessary to carefully study the existing regulatory and
legal framework in the field.
The reason is that before collecting any information,
one must fully study the regulatory legal documents
that assign which div what tasks, and then have a clear
idea of what information to obtain from whom.
After collecting and evaluating information received on
violations of the law, determining the scope of objects,
and formulating issues that need to be identified by the
prosecutor in the supervised bodies, the prosecutor
draws up an inspection plan for conducting an
inspection.
Planning the prosecutor's work. Activities of
prosecutors to control the implementation of legal
documents on food safety should be carried out on the
basis of well-developed plans, like all their other
activities.
Preparation for a prosecutor's inspection includes
drawing up a plan for its implementation. The plan shall
indicate: the names of the objects planned to be
inspected, including their structural divisions; a list of
legislative norms and relevant regulatory documents on
food safety, compliance with which is planned to be
checked; the essence of the main issues to be clarified;
a list of documents and other information required for
the inspection; basic tactics; determining the procedure
for identifying the circle of persons and obtaining
explanations from them; ensuring the safety of relevant
documents; the procedure for studying and analyzing
the collected information, as well as responsible
executors.
Preparation for the prosecutor's examination includes:
study of laws and other legal documents related to food
safety;
Familiarize yourself with the orders and instructions of
the Prosecutor General, determine the requirements
for prosecutorial investigations in this area;
- get acquainted with the system of food safety control
by government bodies;
- preliminary analysis of statistical report data on food
The American Journal of Political Science Law and Criminology
42
https://www.theamericanjournals.com/index.php/tajpslc
The American Journal of Political Science Law and Criminology
safety;
- familiarize yourself with the materials of previous
investigations by the prosecutor and state control
bodies.
An essential condition for the effectiveness of
inspections is knowledge of the regulatory documents
that regulate food safety. Therefore, it is necessary to
review the legislation and other regulatory documents
on food safety immediately before the inspection.
Sh.J. Rakhimov in his study recommends that auditors
be involved in the audit. However, one cannot agree
with this opinion of the researcher, since prosecutorial
audit and audit are completely different concepts, and
in accordance with Article 36 of the Law "On Auditing
Activities", initiative audit audits are conducted for a
fee.
The inspection plan should provide for the forms of
using specialists. It is recommended to involve
specialists in various fields of knowledge - sanitation,
standardization, consumer protection, and to
formulate questions for them, and to issue written
conclusions on them. Thus, when confirming
information about food substandardness, employees
of the sanitary epidemiology field, scientific laboratory
workers may be involved in the prosecutor's
inspection. The inspection plan must indicate the
forms of participation of specialists in the prosecutor's
inspection.
Thus, the plan indicates the following: the object of the
inspection; its start and end dates; the part of the
legislation that must be observed; a list of specialists; a
list of organizations being inspected; a list of issues to
be identified; drawing up a conclusion based on the
results of the inspection and preparing the
prosecutor's response documents.
Before the inspection, it is recommended to hold a
meeting of a group of employees - responsible
executives, and if necessary, invite the heads of the
inspected objects. The meeting should introduce the
participants, discuss the inspection plan and determine
the procedure for mutual cooperation. In addition, the
prosecutor must immediately before the inspection
familiarize himself with the relevant regulatory legal
acts, sources of information on violations, analytical
materials, materials obtained at the request of the
prosecutor, the results of previous inspections and the
measures taken in response to them.
After collecting and evaluating the information
received on violations of the law, determining the
scope of objects, and formulating issues that need to
be clarified by the prosecutor in the controlled bodies,
a decision is made to conduct a prosecutorial
inspection.
As is known, in accordance with Clause 3 of the
Resolution of the President of the Republic of
Uzbekistan No. PP-
4643 dated March 18, 2020 “On
measures to further improve the management system
of the agrarian and food sectors”, the following
positions were introduced in the structure of the
Prosecutor General's Office of the Republic of
Uzbekistan: Deputy Prosecutor General of the Republic
of Uzbekistan, Deputy Prosecutors of the Republic of
Karakalpakstan and regions, and Senior Assistant to the
Transport Prosecutor of the Republic of Uzbekistan,
who are responsible for monitoring compliance with the
requirements of legislation in the field of agriculture and
food safety and their implementation. Also, by this
Resolution, the Department for Supervision of the
Implementation of Legislation in the Agricultural Sector
of the Prosecutor General's Office of the Republic of
Uzbekistan was renamed the Department for
Supervision of the Implementation of Legislation on the
Development of the Agrarian and Food Sectors, and the
departments for supervision of the implementation of
legislation in the agricultural sector of the prosecutor's
offices of the Republic of Karakalpakstan and regions
were renamed the departments for supervision of the
implementation of legislation on the development of
the agrarian and food sectors, and an additional 145
staff units were allocated to them.
In order to effectively organize prosecutorial control
over the implementation of legislation on food safety,
the Department for Supervision of the Implementation
of Legislation on the Development of the Agrarian and
Food Sectors of the Prosecutor General's Office of the
Republic of Uzbekistan, together with the relevant
departments of the Prosecutor's Offices of the Republic
of Karakalpakstan and regions (hereinafter referred to
as the Departments), should systematically analyze the
legality of the implementation of control over
compliance with legislation on food safety, study
prosecutorial and law enforcement practice in this
regard, identify relevant problems, and make proposals
for their solution.
The Department should provide practical and
methodological assistance to departments in organizing
prosecutorial supervision over the implementation of
food safety legislation, and manage and monitor their
activities.
The departments of the prosecutor's offices of the
Republic of Karakalpakstan and the regions for
monitoring the implementation of legislation on the
development of the agrarian and food sectors should,
within the framework of their powers, ensure effective
monitoring of the implementation of legislation in the
The American Journal of Political Science Law and Criminology
43
https://www.theamericanjournals.com/index.php/tajpslc
The American Journal of Political Science Law and Criminology
field of food safety, taking into account the current
situation. In order to carry out prosecutorial control in
this area, prosecutors are required, within the
framework of their powers, to organize the systematic
collection and analysis of data characterizing the state
of legality in the field of food safety. Therefore, they
should
actively
use
the
information
and
telecommunications network "Internet" and data from
state information systems as a source of information.
It is necessary to organize an immediate investigation
of information about violations of the law that require
the intervention of the prosecutor. In case of detection
of information indicating persistent negative trends in
this area, measures should be taken to include them in
the work plan of the prosecutor's offices for
appropriate control measures.
The prosecutor should inform the relevant levels of
state and local authorities about the most pressing
problems related to food safety. It is necessary to
ensure that information on the state of the legislation
and the results of the activities of the prosecutor's
offices in this area is regularly brought to the attention
of the population.
by the prosecutor to prevent the cultivation,
production, circulation of substandard food, failure to
form reserves, and embezzlement of funds allocated to
the sector is also of great importance. The creation of
permanent interdepartmental working groups with
the participation of law enforcement agencies, state
authorities, local government authorities, scientific
organizations, and public representatives to address
the most pressing issues in the field of food safety at
the initiative of the prosecutor's office is a positive
experience.
As noted by legal scholar A.Yu. Vinokurov, the
cooperation
of
prosecutor's
offices
with
environmental protection and other bodies and the
public is an important aspect of organizing the
activities of the prosecutor's office. Only in close
cooperation with them can prosecutor's offices
achieve even greater results in strengthening the rule
of law in the environmental sphere. The prosecutor's
office, like all other bodies, should act as a single, well-
coordinated mechanism in which each div has a
clearly defined role.
Ensuring close cooperation with public and other non-
governmental non-profit organizations, with a focus on
protecting the rights of the public to exercise control
over the observance of consumer rights, should also be
one of the main tasks of the prosecutor's office.
Consistent and decisive action is essential to effectively
eliminate violations in the field of food safety
regulation. Given that eliminating such violations
requires a long time and significant financial resources,
the prosecutor should retain control of the relevant
documents until the prosecutor's requirements are fully
met.
To clarify issues requiring specialized knowledge
(sampling, laboratory tests, damage assessment, etc.),
state authorities and management bodies, local
government bodies, supervisory bodies and institutions
subordinate to them, as well as specialists from other
organizations, should take measures to involve them in
joint inspections.
One of the important directions of the prosecutor's
office is to check the full and timely performance of the
powers, functions and tasks assigned to them by the
state authorities and management bodies, local state
authorities,
supervisory
bodies,
their
officials,
commercial and non-commercial organizations in the
field of food safety.
The prosecutor must also respond to cases of failure to
take measures to prevent and resolve conflicts of
interest. If there are sufficient grounds, he must also put
on the agenda the issue of removing individuals from
their positions due to loss of trust.
If during the inspection signs of crimes in the field of
food safety are identified, a decision is made to send the
relevant materials to the investigative bodies or inquiry
bodies on the basis of Part 1 of Article 34 of the Criminal
Procedure Code. Controls their timely resolution,
completeness and impartiality. Ensures compliance with
the requirements of the law in receiving, registering and
resolving reports of crimes, their timely and high-quality
resolution, and making lawful and substantiated
decisions based on pre-investigation inspection
materials.
Takes immediate action, within the limits of the powers
granted by the legislation, against violations committed
by investigators and inquiry officers during pre-
investigation checks and criminal cases.
The prosecutor should have up-to-date information
about all facilities (enterprises) that have a negative
impact on food safety. He should pay special attention
to implementing measures to reduce violations in the
sector.
According to Article 22 of the Law of the Republic of
Uzbekistan "On the Prosecutor's Office", in the process
of exercising control over the implementation of laws,
the prosecutor, within the scope of his powers, has the
right to freely enter the territories and premises of
ministries, state committees, departments, enterprises,
institutions, organizations, military units, view
documents and materials, conduct inspections, and
request for inspection decisions, orders, orders and
The American Journal of Political Science Law and Criminology
44
https://www.theamericanjournals.com/index.php/tajpslc
The American Journal of Political Science Law and Criminology
other documents, information on the state of legality
and measures to ensure it.
Based on these requirements specified in the law, it is
considered appropriate for the prosecutor to receive
the following information from the competent
authorities in order to organize and analyze the
prosecutor's control over the implementation of
legislation on food safety:
1. From local government bodies - information on the
land allocated for the production of food products and
the state of their use, the location of the created food
reserves, the funds allocated for food reserves and
their targeted spending, the development and
implementation of food security programs;
2. Sanitary and epidemiological services - the state of
state policy in the field of food safety, the
implementation of state programs and other programs
in this area, coordination of the activities of state and
economic management bodies, requirements for food
safety, control measures and measures taken to
ensure the maximum permissible levels of
contaminants, including pesticides, biological and
chemical agents, feed additives and residues of
veterinary drugs, inspections conducted to study the
sanitary and epidemiological situation during the
production, transportation, storage and sale of food
products, work carried out to combat food poisoning,
the state of state registration and maintenance of the
state register of baby food products, biologically active
and food additives, new food products, functional and
specialized food products, the concept of safe nutrition
of the population, the implementation of national
standards developed in accordance with the
recommendations of international organizations, etc.
information;
3. From the agencies of the Agency for Technical
Regulation - information on the state of prevention
and prevention of violations of legislative acts in the
field of technical regulation, conformity assessment
and metrology and comprehensive assistance to
business entities, the organization of work on
identifying food products that are found to be non-
compliant with regulatory documents and mandatory
requirements established by legislation in the field of
technical regulation of food products, the organization
and implementation of state control over compliance
with legislative acts in the field of technical regulation
of food products, conformity assessment and
metrology, work carried out to identify violations in the
field of certification of food products and technical
regulation , measures taken, the withdrawal from
trade in accordance with the established procedure of
products that do not comply with the requirements of
current technical regulations, standards and legislation
on food safety, certification of agricultural and food
products, control over the activities of laboratories
established on the basis of public-private partnership;
4. From agricultural departments - digitalization of the
food security sector, implementation of a unified state
policy in the field of food security, which includes the
introduction of modern resource-saving and intensive
agrotechnologies in the production of food products,
creation of a value-added chain of agricultural and food
products through the expansion of modern cooperative
relations, creation of conditions for mutually beneficial
relations between enterprises producing (producing)
fruits and vegetables, meat, dairy and other agricultural
food products and enterprises processing, preparing
and
selling
these
products,
increasing
the
competitiveness of local food products and their
diversification, development of strategies and models
for the development of the food industry based on the
productive use of existing natural and economic
resources of the regions, support for business entities
processing fruits and vegetables, meat, dairy and other
agricultural food products, implementation of projects,
attraction of private and direct foreign investments in
the development of the food industry, modern trade
and information on the organization of logistics centers,
measures to promote local food products in world
markets, increase their competitiveness, expand export
potential and reduce import volumes, coordinate state
support measures for agriculture that help ensure food
security and increase exports of agricultural products,
monitor the placement, planting and care of food crops,
coordinate and regulate the activities of all interested
organizations within the framework of organic
production and good agricultural practices (Global
G.A.P);
5. From the Agency for Plant Quarantine and Protection
- the conduct of field radiological and toxicological
analyses of pesticide, nitrate and heavy metal salt
residues in food products, the status of control and
monitoring of plant quarantine objects and other
harmful organisms, measures taken to prevent and
eliminate the entry and spread of plant quarantine
objects and other harmful organisms that can cause
economic damage to the territory of the republic,
control measures taken to prevent the entry and spread
of plant quarantine objects and other harmful
organisms, permits and certificates issued for the
import of chemical agents, the status of issuing
quarantine inspection reports, laboratory examinations
conducted, the status of detection of chemical
substances used in plant protection that have a negative
impact on human health, early detection of pests,
diseases and weeds in food crops grown in the territory
The American Journal of Political Science Law and Criminology
45
https://www.theamericanjournals.com/index.php/tajpslc
The American Journal of Political Science Law and Criminology
of the republic, study of bioecological characteristics
and improvement of methods of control depending on
the level of damage the status of their work,
quarantined plant products imported from foreign
countries
that
do
not
meet
phytosanitary
requirements or are exported in transit, restrictions on
the entry and exit of food products, state-registered
plant protection products and pesticides, conclusions
on the quality of mineral fertilizers and chemical
agents used in plant protection imported into the
republic, prohibitions on their use, the status of
quarantine inspections, laboratory examinations of
hidden contamination of plant products and other
materials, and other information;
6. From the State Committee for the Development of
Veterinary and Animal Husbandry - implementation of
state control over animals, products and raw materials
of animal origin, veterinary drugs, strains of
microorganisms, feeds and nutritional supplements,
veterinary equipment, as well as plant food products
sold in markets, products and raw materials in this field
in markets, trade organizations and other trade
facilities, as well as plant and food products sold in
markets the conclusions of the veterinary-sanitary
expertise given to the reception, storage and sale of
products, cases of violations of veterinary, veterinary-
sanitary rules and norms and prohibitions and
restrictions on their use, implementation of epizootic
control measures, information on the detected
violations of the law and the measures taken;
7. From the Consumer Rights Protection Agency -
information on the work carried out in the field of
protecting the rights of food consumers and regulating
the advertising market, the state of ensuring the ability
of consumers to obtain accurate and complete
information about the manufacturer, performer and
seller of food products, including using information
and communication technologies, the implementation
of programs aimed at increasing consumer knowledge
and literacy of the population, practical assistance
provided to consumers in protecting their rights and
interests, the implementation of state control over
compliance with legislation on consumer rights
protection, the work carried out in the field of food
safety and quality control , the analysis of the causes of
violations of consumer rights, the preparation of
proposals for their elimination, and the work carried
out to prevent violations of consumer rights;
8. From the tax authorities - about the privileges and
preferences applied to food producers, producers,
sellers, importers and exporters;
Information on subsidies and preferential loans
allocated to food producers, manufacturers, sellers,
exporters and importers from financial institutions and
commercial banks, and the status of their targeted use ;
10. It is advisable to request information from state
customs authorities on the volume of imports and
exports of food products, as well as on the customs
privileges applied to exporters and importers of food
products.
In addition, in our opinion, it is appropriate to list a
number of problems in the implementation of the
prosecutor's control over the implementation of legal
documents related to food safety.
of the Prosecutor General of the Republic of Uzbekistan
dated May 25, 2021,
the
Department
of
Supervision
over
the
Implementation of Legislation on the Development of
the Agrarian and Food Sectors of the Prosecutor
General's Office is entrusted with monitoring the
development and implementation of comprehensive
measures to ensure food safety.
Paragraph 3.1 of Order No. 166 of the Prosecutor
General of November 24, 2017 “On further improving
prosecutorial control over the implementation of social
and economic legislation” stipulates the task of
exercising control over the implementation of
legislation on replenishing the domestic market with
necessary consumer goods and accessories in the field
of control over the implementation of economic
legislation.
In our view, in the orders of the Prosecutor General,
control over the implementation of legislation on the
cultivation of food products is assigned to the
department and departments of the control over the
implementation of legislation on the development of
agricultural and food sectors, control over the formation
and provision of food reserves in social facilities is
assigned to the department and departments of control
over the implementation of legislation in the social
sphere, the formation and provision of food reserves in
economic sectors, including markets, in the Economic
sphere It is proposed to assign control over the
implementation of legislation to departments and
departments.
As a result, the state of legality in the field will improve,
and the quality and efficiency of control will increase.
In this regard, it is not appropriate to make a
comparison, since in the prosecutor's systems of the CIS
countries, prosecutorial control in the social and
economic sphere of agriculture is integrated into the
general direction of prosecutorial control. For example,
in accordance with the Order of the Prosecutor General
of the Russian Federation No. 195 of December 7, 2007,
prosecutorial control in the area of food safety is carried
The American Journal of Political Science Law and Criminology
46
https://www.theamericanjournals.com/index.php/tajpslc
The American Journal of Political Science Law and Criminology
out by the Main Department for Supervision of the
Implementation of Federal Legislation of the
Prosecutor General of the Russian Federation.
REFERENCES
Vinegrad Alan "The Role of the Prosecutor: serving the
interests of all the people" // Hofstra Law Review: Vol.
28:
Iss.
4,
2000,
Article
3.
https://scholarlycommons.law.hofstra.edu/hlr/vol28/
iss4/3 .
Polatov B.Kh. Prosecutor's supervision. Textbook. -
Tashkent, "Uzbekistan" 2009. - 169 pages.
Rakhimov F.Kh. Prosecutor's control in ensuring the
implementation of the Law "On state control over the
activities of economic entities" // Prosecutor's control
over the implementation of laws (scientific and
practical collection). - Tashkent, "Oqituvchi". 2000. - 4
pages.
Komilov A.B. Improving the organizational and legal
foundations of prosecutorial control over the
implementation of laws aimed at the legal protection
of entrepreneurs // Dissertation for the degree of
Doctor of Philosophy in Legal Sciences.
–
Tashkent,
2020.
–
71 p.
Prosecutor's
supervision:
textbook
for
bachelors/edited by Yu.E. Vinokurov. 11th edition,
revised and enlarged. Moscow, 2013. Page 80.
Analysis of the state of legality and law and order by
prosecutors' offices of the constituent entities of the
Russian Federation: manual / Under the general
editorship of O.S. Kapinus; Acad. General. Prosecutor's
Office of the Russian Federation. - M., 2012. - 11 p.
In the same place: Analysis of the state of legality and
law and order by prosecutors' offices of the
constituent entities of the Russian Federation.
–
11 p.
Land Code of the Republic of Uzbekistan, Bulletin of
the Oliy Majlis of the Republic of Uzbekistan, 1998, No.
5-6, Article 82; 2003, No. 9-10 .
The summary data on land use in 2021 from the
Department of Supervision of the Implementation of
Legislation on the Development of the Agrarian and
Food Sectors of the Prosecutor General's Office was
used (obtained based on a letter from the Deputy
Prosecutor General dated March 10, 2022).
Taken from the report of the Department of
Supervision over the Implementation of Legislation on
the Development of the Agrarian and Food Sectors of
the Prosecutor General of the Republic of Uzbekistan,
within the framework of the letter No. 11-39602/20
dated March 10, 2022.
Taken from the report of the Department of
Supervision over the Implementation of Legislation on
the Development of the Agrarian and Food Sectors of
the Prosecutor General of the Republic of Uzbekistan,
within the framework of the letter No. 11-39602/20
dated March 10, 2022.
Karpysheva Yu.O., Repetskaya A.L. Problems of ensuring
security in the agro-industrial complex of the Baikal
region as an element of the regional system of North-
East Asia// Actual problems of economics and law.
2016-120-p.
Willer H. , Kilcher L. , (Eds.) The World of Organic
Agriculture. Statistics and Emerging Trends 2009.
IFOAM , Bonn , and FiBL , Frick . 2009.
Dimitri C. , Obcrholtzer I. Market-bed Versus
Government Facilitated Growth^ Development of the
US and EU Organic Agricultural (Sectors) , WRS-05-05.
USDA , Economic Research Service , Aug.2005.22 p.
Karpysheva Yu . O. , RepetskayaA . L.
–
The same book.
Pages 96-104 .
Agriculture of China (Electronic resource), URL:
http://agro-new.ru/?p=5536; http://enc-dic.com
An open interactive forum “Supervision in the
Environmental Sphere” was held at the Prosecutor
General’s Office of the Russian Federation //
URL:
https://genproc.gov.ru/smi/news/genproc/news-
1345528/(20.04.2018).
Uzbekistan social network Sputnik.
Bijanova K.A. Prosecutor's supervision in the sphere of
enforcement of laws on environmental protection //
Abstract of Cand. Sci. (Law) dissertation. - M. 2020. - 23
p.
Rakhimov Sh. J. Issues of improving prosecutorial
control over the implementation of water legislation //
Dissertation for the degree of Doctor of Philosophy in
Legal Sciences. -Tashkent. Academy of the General
Prosecutor's Office of the Republic of Uzbekistan. 2022.
–
72 pages.
Rakhimov Sh.J. Issues of improving prosecutorial control
over the implementation of water legislation //
Dissertation for the degree of Doctor of Philosophy in
Legal Sciences. -Tashkent. Academy of the General
Prosecutor's Office of the Republic of Uzbekistan. 2022.
–
75 pages.
Law of the Republic of Uzbekistan "On Auditing
Activities". No. ZURQ-677, 25.02.2021. National
Database of Legislative Documents, 26.02.2021.
Resolution of the President of the Republic of
Uzbekistan No. PP-
4643 dated March 18, 2020 “On
measures to further improve the management system
of the agrarian and food sectors” // National Database
of Legislative Documents, March 19, 2020, No.
07/20/4643/0332. Vinokurov A.Yu. Problems of
The American Journal of Political Science Law and Criminology
47
https://www.theamericanjournals.com/index.php/tajpslc
The American Journal of Political Science Law and Criminology
improving environmental protection activities of the
Prosecutor's Office of the Russian Federation //
Abstract of a dissertation for the degree of Doctor of
Law. - Moscow, 2006. - 42 p. Law of the Republic of
Uzbekistan "On the Prosecutor's Office" //
https://lex.uz/acts/106197
