of November 2, 2019 No. PP-4505
About measures for increase in performance excellence of acts of the legislation on the basis of modern mechanisms of legal monitoring
In the Strategy of actions by five priority directions of development of the Republic of Uzbekistan in 2017 - 2021 one of key tasks of enhancement of system of the state and public construction determines radical improvement of quality of legislative activities, the influence of the adopted legal acts on implementation process of social and political, social and economic and judicial and legal reforms directed to strengthening.
In the country in connection with active realization of legal reforms the quantity and scale of the adopted regulatory legal acts on development of the state and society increased.
At the same time the carried-out analysis showed the insufficient organization of activities for the analysis and efficiency evaluation of application of the legislation, defective adjustment of the efficient organization-legal mechanism of monitoring of their effectiveness.
For the purpose of further increase in performance excellence of regulatory legal acts, the prevention of origin, timely identification and elimination of the regulations leading to the wrong or contradictory law-enforcement practice:
1. Take into consideration that according to article 42 of the Law of the Republic of Uzbekistan "About regulatory legal acts" monitoring of execution of regulatory legal acts is performed by state bodies and other organizations.
2. Agree with the offer of the Ministry of Justice of the Republic of Uzbekistan on implementation of system of implementation of legal monitoring of execution of regulatory legal acts (further - legal monitoring).
Determine the main objectives of legal monitoring:
implementation of single practice of execution of regulatory legal acts;
studying of compliance of law-enforcement practice to the purposes of adoption of regulatory legal acts;
ensuring full value of legal regulation of the public relations;
ensuring compliance of regulatory legal acts to the laws and international obligations of the Republic of Uzbekistan;
identification and elimination in regulatory legal acts of contradictions, disagreements, the corruptogenic factors and also duplicating each other and conflict-of-laws rules;
creation of single system of concepts and terms in regulatory legal acts.
3. Determine that:
full execution of regulatory legal acts is priority task of state bodies;
performance excellence of regulatory legal acts is determined by implementation of legal monitoring of their practical application;
legal monitoring is performed by state bodies under the regulatory legal acts which are regulation subject within their competence;
legal monitoring is performed according to the plan of implementation of the monitoring approved by the Cabinet of Ministers of the Republic of Uzbekistan (further - the plan of monitoring);
in need of implementation of additional legal monitoring on the basis of orders of Administration of the President of the Republic of Uzbekistan and the Cabinet of Ministers legal monitoring is performed by state bodies without entering of amendments into the plan of monitoring;
The Ministry of Justice of the Republic of Uzbekistan has the right to select and perform selectively repeated legal monitoring of regulatory legal acts concerning which state bodies performed legal monitoring;
when implementing legal monitoring state bodies have the right to involve lawyers, specialists of scientific educational institutions, representatives of non-state non-profit organizations and other institutes of civil society, and also citizens on contractual basis. Financing of these actions is performed at the expense of means of the off-budget funds approved according to the procedure, established by the legislation.
4. Determine the Ministry of Justice of the Republic of Uzbekistan the special representative body for coordination of activities of state bodies in the sphere of implementation of legal monitoring.
5. Grant to the Ministry of Justice of the Republic of Uzbekistan the right:
participations in the legal monitoring which is carried out by state bodies;
introduction of representations, obligatory for execution, on elimination of offenses when implementing legal monitoring concerning state bodies in cases of untimely provision or provision of the wrong, unreliable or incomplete information by them following the results of legal monitoring.
6. Provide to state bodies:
a) annually till February 1:
forming of the list of the regulatory legal acts which are subject to legal monitoring and its submission to the Ministry of Justice of the Republic of Uzbekistan signed by the first head;
submission to the Ministry of Justice of the Republic of Uzbekistan of the report on results of legal monitoring of previous year according to the plan of monitoring;
b) quarterly entering of offers into the Ministry of Justice of the Republic of Uzbekistan on modification and amendments in analytical information and regulatory legal acts in cases of identification of shortcomings of them according to the plan of monitoring.
7. To the Ministry of Justice of the Republic of Uzbekistan annually till February 20:
a) develop and introduce to the Cabinet of Ministers of the Republic of Uzbekistan the draft of the plan of implementation of monitoring on the basis of offers of state bodies;
b) introduce the report on results of legal monitoring of the previous year performed by state bodies, providing in the Cabinet of Ministers of the Republic of Uzbekistan:
results of execution of the plan of monitoring:
need of adoption of regulatory legal acts, introduction of changes in them and amendments or their cancellation;
suggestions for improvement of law-enforcement practice, to strengthening of measures for elimination of gaps and contradictions, and also the regulations promoting corruption manifestations in the legislation;
state bodies responsible for project development of regulatory legal acts and implementation of measures for increase in efficiency of law-enforcement practice and anti-corruption.
8. To the Cabinet of Ministers of the Republic of Uzbekistan annually till March 20 to approve the plan of monitoring and reports on results of legal monitoring with carrying out discussions at meetings of Presidium of the Cabinet of Ministers of the Republic of Uzbekistan.
9. Approve Regulations on procedure of legal monitoring of execution of regulatory legal acts according to appendix No. 1.
10. Determine that:
heads of state bodies bear the personal responsibility for high-quality and timely implementation of legal monitoring, careful development of offers according to the plan of monitoring, and also introduction at the scheduled time of information on condition of implementation of legal monitoring;
the processes connected with implementation of legal monitoring including the organizational actions provided in Items 6-7 of this resolution are carried out on the special electronic platform created in Single electronic system of development and coordination of drafts of regulatory legal acts.
11. To the Ministry of Justice of the Republic of Uzbekistan in two-month time in Single electronic system of development and coordination of drafts of regulatory legal acts to take measures on:
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