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THEORETICAL AND PRACTICAL ASPECTS OF PUBLIC PARTICIPATION IN
LEGISLATIVE ACTIVITY IN UZBEKISTAN
Saida Abdimalikova
Independent applicant of Tashkent State University of Law
e-mail: axmadovasaida22@gmail.com
https://doi.org/10.5281/zenodo.15142172
Annotation:
This thesis is devoted to the public participation in the process of
legislative activity, in which the documents adopted in this area are analyzed. Moreover,
theoretical and practical aspects of public participation in legislative activity in Uzbekistan
was described.
Key words:
legislative activity, citizens, “regulation.gov.uz”, the portal of “mening
fikrim”, the referendum, legislative initiative the Legislative Chamber of the Oliy Majlis.
The real goal of the large-scale constitutional reforms carried out in Uzbekistan is to
realize the will of the people, their dreams, ensure their rights and freedom and, ultimately,
glorify human dignity, relieve its burden, improve life, bring the principle of social justice to
life.
Increasing the role of public by expanding their participation in the legislation is one of
the important aspects of these goals.
In order to improve the legal provision of the reforms carried out, as well as to ensure in
every possible way the rights, freedoms and legitimate interests of citizens, ensure the
guarantees, protection and support of business entities, fully take into account their opinions
and form a systematized legislative framework aimed at the comprehensive realization of the
principle of “human interests-above all” under the decree of the President of the Republic of
Uzbekistan dated August 8, 2018 No.5505 the "Concept of improving the legislative activity"
was approved
i
.
The decree of the President of the Republic of Uzbekistan “On additional measures to
further improve the role of laws in the regulation of social relations and the quality of the
norm creativity process" dated February 19, 2024 was adopted
ii
.
The President of the Republic of Uzbekistan Shavkat Mirziyoyev also addressed this
issue, stressing that
“The process of lawmaking should be aimed primarily at solving the
pressing problems of our society, at alleviating the burden of our people.”
iii
To analyze the participation of public representatives in the process of legislative
activity, it is primarily advisable to comment on the concepts of “legislative activity” and
“public representatives”.
Legislative activity is a clearly targeted activity of an authorized state div, aimed at the
development and adoption of laws. This activity is a creative process, in which the will of the
people is determined, formulated and, in the prescribed manner, elevated to the level of law.
Activities related to law and lawmaking have played an important role in all stages of the
development of society.
Who is included in the “public representatives”?
According to the third article of law “On public control” “Citizens of the Republic of
Uzbekistan, citizens’ self-government bodies, as well as non-profit organizations registered in
the manner prescribed by legislation, media are subjects of public control.
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Public control can also be exercised by community boards, commissions, and other
community organizational structures in accordance with legislation”
iv
.
The legislative process in the Republic of Uzbekistan consists of the following stages:
- Legislative initiative;
- Acceptance for consideration and discussion of the project;
- Enactment and approval of laws;
- Signing and promulgating laws.
Until April 30, 2023, when the Constitution of the Republic of Uzbekistan was adopted,
representatives of the public could only participate in second stage, the adoption for
consideration and the discussion of the project.
At this stage, public participation can be divided into several types:
1.
Portal of public discussion of projects of normative legal acts of citizens -
“regulation.gov.uz ". In this process projects of regulatory legal acts are placed by the author
in the procedure established by the legislation for conducting public discussion on the
regulatory legal acts projects discussion portal.
Citizens have right to make their own comments and suggestions on each regulatory legal act
placed for discussion in Portal of public discussion of projects of normative legal acts -
“regulation.gov.uz"
2.
Electronic presentation of collective citizen initiatives (web portal – “My opinion” ).
Paragraph 34 of the State program, approved by the decree of the President of the Republic of
Uzbekistan No. 5308 of January 22, 2018, established the implementation of the procedure for
electronic collective appeal to the chambers of the Supreme Assembly of the Republic of
Uzbekistan, the regional, district and city councils of people's deputies through the special
web portal “my opinion”.
The web portal “My opinion” was created in order to expand the opportunities of citizens in
our country to participate in the management of society and state affairs, to ensure the
openness of the activities of representative bodies of state power, to ensure the viability and
effectiveness of the laws being adopted.
3.
According to the law of the Republic of Uzbekistan “On the referendum of the Republic
of Uzbekistan", the referendum of the Republic of Uzbekistan is a nationwide vote of citizens
on the most important issues of society and state life for the purpose of making laws and
other decisions of the Republic of Uzbekistan.
The President of the Republic of Uzbekistan Shavkat Mirziyoyev, in a speech at a
meeting with members of the Constitutional Commission on June 20, 2022, proposed “
to
introduce the Institute of legislative proposals into the Constitution. Through this rule, the
people gain the right to take direct initiative. No fewer than 100,000 citizens would have the
opportunity to include their legislative proposals in the House of Commons
”
v
.
Article 98 of the Constitution of the Republic of Uzbekistan established that citizens of
the Republic of Uzbekistan who have the right to vote, not less than one hundred thousand
people, are entitled to include legislative proposals in the Legislative Chamber of the Supreme
Assembly of the Republic of Uzbekistan in the legislative initiative.
The proposals made by citizens to Parliament for the improvement of legislation are
mainly related to the legal relations that they face directly in social life. This plays an
important role in solving the most acute and systemic problems in society, which are
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necessary for legal regulation, on the principle of "society – reform initiator", eliminating legal
"loopholes". In addition, these proposals are also important for members of Parliament to
effectively implement legislative creativity, and ultimately for the adoption of popular laws.
i
National database of legislative data, 30.04.2021., 06/21/6218/0398 // https://lex.uz/docs/-3858817#-3861999
ii
National database of legislative data, 25.06.2024., 07/24/231/0445.
iii
https://uza.uz/oz/posts/qonun-ijodkorligi-jarayoni-xalqimizning-ogirini-yengil-qilishga-qaratilishi-kerakligi-
takidlandi_658232
iv
National database of legislative data, 21.04.2021., 03/21/683/0375.
v
https://uza.uz/oz/posts/endilikda-fuqarolar-ham-qonun-tashabbuskori-bolishi-mumkin_469777
