of January 8, 2018 No. ZRU-457
About ministerial procedures
Accepted by Legislative house on December 14, 2017
Approved by the Senate on December 20, 2017
The purpose of this Law is regulation of the relations in the field of implementation of ministerial procedures.
The main objectives of this Law are ensuring rule of law, the rights and legitimate interests of physical persons and legal entities in the relations with administrative authorities.
The legislation on ministerial procedures consists of this Law and other acts of the legislation.
The acts of the legislation establishing special ministerial procedures shall not worsen situation of physical persons and legal entities.
In cases when the acts of the legislation establishing special ministerial procedures do not settle these or those relations on implementation of ministerial procedures, regulations of this Law are applied.
If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about ministerial procedures then are applied rules of the international treaty.
Operation of this Law extends to administrative and legal activities of administrative authorities concerning interested persons, including to licensed, allowing, registration procedures, procedures connected with rendering other state services and also other administrative and legal activities according to the legislation.
Operation of this Law does not extend to the relations arising in the field of preparation and adoption of regulatory legal acts, collection of taxes and other obligatory payments, passing of public service, holding referenda, elections, defense, public safety and law and order and also to operational search activities, inquiry, pretrial investigation, other activities connected using measures of criminal coercion, legal proceedings, production on cases on administrative offenses.
On the relations falling within scope of this Law, the legislation on appeals of physical persons and legal entities does not extend.
In this Law the following basic concepts are applied:
the interested person - person to whom the adopted administrative act or administrative action is addressed and also it is right and which legitimate interests are infringed or can be mentioned in the administrative act or administrative action;
administrative production - the process of consideration of administrative case, adoption of the administrative act, its review settled by ministerial procedure according to the administrative claim, and also execution of the administrative act;
administrative discretion (discretion) - the right of administrative authority to apply at discretion one of measures, admissible within the legislation, or to refrain from application of adequate measure on the basis of own assessment of legitimacy and feasibility;
administrative authorities - the bodies allocated with administrative and managerial competence in the field of administrative and legal activities including state bodies, executive bodies on places, self-government institutions of citizens, and also other organizations and specially educated commissions authorized on implementation of these activities;
ministerial procedure - the procedural rules regulating administrative and legal activities of administrative authorities;
administrative actions - the legally significant actions (failure to act) of administrative authority concerning physical persons and legal entities made in the field of administrative and legal activities, which are not administrative or procedural acts;
the administrative act - the corrective action of administrative authority directed to creation, change or the termination of public legal relationship and generating certain consequence in law for separate physical persons or legal entities or the group of persons allocated on certain individual signs;
administrative and legal activities - the administrative activities making impact on separate physical persons or legal entity or the group of persons allocated on certain individual signs;
the procedural act - the act adopted by administrative authority during administrative production by which administrative case is not allowed in essence.
The basic principles of ministerial procedures are:
opportunity to be listened;
openness, transparency and clearness of ministerial procedures;
priority of the rights of interested persons;
inadmissibility of bureaucratic formalism;
implementation of administrative production in "one window";
protection of trust;
legitimacy of administrative discretion (discretion);
Ministerial procedures shall be performed according to the Constitution of the Republic of Uzbekistan, this Law and other acts of the legislation.
The corrective actions on physical persons or legal entity rendered during administrative production shall be suitable and sufficient for achievement of the legal purpose pursued by administrative authority, and the least burdensome for interested persons.
The documents submitted by interested persons during administrative production and data on the actual circumstances are considered reliable until proved otherwise.
In case of doubts in authenticity of the documents or data submitted by interested persons the administrative authority independently and at own expense takes measures for check of their reliability.
During administrative production it is forbidden to demand from interested persons of representation of the additional materials certifying reliability of the documents or data submitted by them if such requirement is not established by the law.
The administrative authority shall give to the interested person opportunity to express the opinion on all circumstances important for adoption of the administrative act.
Ministerial procedures shall be open, transparent and clear for interested persons.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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