of May 19, 2020 No. UP-5997
About measures for further enhancement of activities of bodies and organizations of justice in realization of the state legal policy
For the purpose of further enhancement of activities of bodies and organizations of justice for the high-quality organization of single state legal policy, including rule-making activities, forming of consecutive and uniform law-enforcement practice, ensuring system effectiveness of public administration, increase in legal culture of the population, rendering qualified legal aid to citizens, and also for the purpose of widespread introduction of digital technologies to the sphere:
1. Assign to the Ministry of Justice of the Republic of Uzbekistan (further - the Ministry) the following additional tasks and functions:
enhancement of the consistent legal policy aimed at providing rule of law and strengthening of legality in society and also ensuring unconditional observance of the rights and legitimate interests of citizens;
effective establishing work on systematization and codification of the legislation in all spheres, review of obsolete acts of the legislation, their harmonization with the reforms performed now;
carrying out the analysis of the legal problems which are found in everyday life of citizens, elimination of the revealed shortcomings by ensuring enhancement of the acts of the legislation governing the public relations;
implementation and development of effective civil mechanisms of protection of the rights and legitimate interests of physical persons and legal entities;
expansion of scale of bringing to the population, subjects of entrepreneurship and foreign investors of essence and value of the adopted acts of the legislation, increase in efficiency of activities of the industry ministries and departments in this direction;
continual improvement of the sphere of ministerial procedures on the basis of the best foreign practices and current trends of development;
coordination of activities for assessment of regulatory impact of system of public administration;
ensuring carrying out basic legal researches of the legal factors interfering improvement of line item of the Republic of Uzbekistan in the international ratings and indexes;
start of the "virtual justice" system by widespread introduction of digital technologies in activities of bodies and organizations of justice and digitalization of the state services.
To the ministry to take necessary measures for realization of the additional tasks and functions specified in this Item.
The concept of development of bodies and organizations of justice in 2020 - 2024 according to appendix No. 1;
Target indicators (indicators) of development of bodies and organizations of justice in 2020 - 2024 according to appendix No. 3.
Since 2021, annually till December 1 to provide to the ministry development and entering into the Cabinet of Ministers of the draft of the regulatory legal act about approval of the program of measures for implementation of this concept next year with carrying out the deep analysis of execution of tasks of the current year.
3. To provide to the ministry until the end of 2020 achievement, including the following target parameters (indicators):
bringing share of drafts of the laws of direct action to 20 percent from total quantity of drafts of the regulatory legal acts developed by the Ministry;
introduction of the offer on transfer to the non-state sector at least 10 functions of the ministries and departments with carrying out the functional analysis of system of public administration;
action research of 8 ministries and departments, educated (transformed) in 2018-2019, including the Ministries of construction, Agency on market development of the capital, Agency on development of public-private partnership under the Ministry of Finance, Agencies on development of pharmaceutical industry under the Ministry of Health, Agencies on development of gardening and greenhouse facility under the Ministry of Agriculture, consumer protection Agencies under the Antimonopoly Committee of the Republic of Uzbekistan;
bringing to 12 percent of share of the state services rendered electronically;
increase at 15 units of quantity of the new services rendered to the population by the Centers of the state services;
bringing to 95 percent of share of the offices of notary public transformed to form of non-state notariate;
ensuring carrying out the deep analysis of regulations of responsibility and the sanctions established by 29 bylaws and their entering into the relevant laws.
4. Determine the Ministry authorized body by implementation of monitoring of efficiency and effectiveness of the undertaken administrative reforms, the functional analysis of complete and high-quality realization by the ministries and departments of powers and functions, and also achievement of the established purposes in this sphere.
Implement procedure according to which the Ministry:
studies efficiency of the performed tasks and functions assigned to the educated (transformed) ministries and departments including which are their part the separate organizations (the agencies, inspectorates, the centers and others) after at least 6 months from the date of their education (transformation);
has the right to involve in these studying of qualified specialists of other ministries and departments of the questions which are within their competence;
following the results of studying prepares reasonable analytical materials and offers and submits them for consideration in Administration of the President of the Republic of Uzbekistan and the Cabinet of Ministers;
considers the new initiatives developed by the ministries and departments within administrative reforms and issues on them the conclusions, obligatory to acceptance;
estimates indicators (indicators) of efficiency of the performed tasks and functions of the ministries and departments including which are their part of the separate organizations (the agencies, inspectorates, the centers and others) and by results introduces the generalized report for discussion at meeting of Presidium of the Cabinet of Ministers of the Republic of Uzbekistan, and also the offer on application of adequate measures of responsibility concerning officials of the state bodies which did not reach indicators (indicators) of efficiency.
5. Agree with offers of the Commission on implementation of the Concept of enhancement of the rule-making activities formed by the Presidential decree of the Republic of Uzbekistan of August 8, 2018 No. UP-5505, of the Cabinet of Ministers of the Republic of Uzbekistan and the Ministry about implementation since July 1, 2020 in practice of the procedure providing:
will lock regulations of the questions which are included into power of bodies of economic board, and the corporate relations by adoption of bylaws or through administrative methods;
establishment of the precepts of law providing responsibility for physical persons and legal entities exclusively the laws;
non-admission of inclusion in departmental regulatory legal acts of the precepts of law establishing additional payments and charges for physical persons and legal entities, providing the excessive administrative and other restrictions leading to formation of unreasonable costs for them having allowing nature;
non-admission of inclusion of precepts of law in regulations in the field of technical regulation;
conducting obligatory legal examination of regulations in the field of technical regulation and their introduction in force after receipt of the positive conclusion and registration in the Ministry.
The program of review of regulations of the bylaws establishing legal responsibility and the sanction according to appendix No. 4;
Additional measures for enhancement of the legislation on ministerial procedures according to appendix No. 6.
7. Implement since July 1, 2020 the "package" principle providing introduction of conceptually new mechanisms by preparation of drafts of regulatory legal acts, according to which:
in case of development of the new bill the referential regulations directed to its realization are developed and become effective along with the new law or in the time established by the law;
if the provisions established by the new bill require entering of corresponding changes into earlier adopted laws, then introduction of amendments to earlier adopted laws is performed along with adoption of the new law;
the ministries and departments make changes and additions to the departmental regulatory legal acts adopted by them on the same question one act;
The ministry is granted the right to make corresponding changes to the acts which are available in the State register of departmental regulatory legal acts, at the same time they shall be on the same question and technical nature.
8. Establish procedure according to which:
for the purpose of systematization of the legislation and reducing excessive legal regulation during the period adoption of departmental regulatory legal acts stops from July 1, 2020 to January 1, 2021 (except for adoptions of departmental regulatory legal acts about modification and amendments and recognition invalid, and also providing their unification);
development, coordination, acceptance, conducting legal examination and state registration of drafts of departmental regulatory legal acts are performed by means of Single electronic system of development and coordination of drafts of regulatory legal acts since July 1, 2020 - in the test mode, since October 1, 2020 - completely.
9. In structure of central office of the Ministry:
a) abolish position of the deputy minister of justice - directors of the Agency of intellectual property with preserving position of the director of the Agency of intellectual property under the Ministry of Justice of the Republic of Uzbekistan;
b) abolish position of the deputy minister of justice - the rector of the Tashkent state legal university with preserving position of the rector of the Tashkent state legal university;
c) enter positions of deputy ministers of justice of the Republic of Uzbekistan;
d) form within the extreme number of staff of managerial personnel and the salary fund:
Management on development of the civil relations;
Management on enhancement and conducting monitoring of ministerial procedures.
10. Approve the offer of the Ministry on creation as experiment under departments of justice of the area (city) in the city of Namangan and the Qarshi district of the centers for rendering legal services to state bodies and the organizations (further - the Centers for rendering legal services) for the purpose of ensuring rendering high-quality legal services to state bodies and organizations.
Determine that the Centers for rendering legal services:
are created due to reducing the operating established posts of legal services of the state bodies and the organizations of the area (city) financed from the budget;
perform assigned by the legislation to legal services of task and function in the relevant organization.
To the ministry, based on results of experiment till January 1, 2021 to make reasonable offers on distribution of this system on all regions of the republic.
11. Form National legal information center "Adolat" (further - the Center) in the form of public institution based on Public institution "The center of legal information Adolat, the State unitary enterprise of Inson Va Eve newspaper editorial office and the editorial office of the public and legal magazine "Hukuk Va Burch" under the Ministry by their consolidation.
The center is the lead public institution of the republic in spheres of preparation and operational bringing to the population and the contractors of legal information and materials about legal promotion directed to increase in sense of justice and legal culture of the population in society and also official publication of texts of regulatory legal acts;
the Inson Va Eve newspaper editorial office and the editorial office of the public and legal magazine "Hukuk Va Burch" in structure of the Center perform the activities with preserving the operating spheres of rendering services and are financed by own means, and missing part of these means becomes covered by extrabudgetary funds of the Ministry.
12. In three-months time to provide to the ministries and departments accepting regulating documents in the field of technical regulation representation to the Ministry of technical regulations, regulating documents of standardization, health, veterinary and sanitary, phytosanitary regulations and regulations, town-planning regulations and rules, ecological rules and regulations, and also other documents in the field of technical regulation for placement them in the National database of the legislation of the Republic of Uzbekistan.
To the ministry till January 1, 2021 completely to finish works on placement of regulating documents in the field of technical regulation in the National database of the legislation of the Republic of Uzbekistan and to enter information on their results in the Cabinet of Ministers.
13. Provide to the ministry:
a) since July 1, 2020 cancellation of practice of adoption of the order of the Minister of Justice of the Republic of Uzbekistan in case of state registration of the departmental regulatory legal act and implementation of procedure for state registration of the departmental regulatory legal act with assignment to it unique number in the state register;
b) entering into Administration of the President of the Republic of Uzbekistan and the Cabinet of Ministers of offers on attraction to the corresponding responsibility of officials of the ministries and departments which are systematically violating requirements of acts of the legislation and this Decree in the sphere of rule-making activities;
c) in a month:
entering into Administration of the President of the Republic of Uzbekistan and the Cabinet of Ministers of the offers on cancellation of the framework which are idle and not influencing law enforcement of the acts of the legislation which are available in the National database of the legislation of the Republic of Uzbekistan;
introduction of drafts of the orders of the Government about the organization of activities of the Centers for rendering legal services and National legal information center "Adolat";
d) entering into the Cabinet of Ministers of the Republic of Uzbekistan into two-month term:
draft of the resolution of the President of the Republic of Uzbekistan on implementation of complex system of assessment of regulatory impact;
together with the interested ministries and departments of offers on the changes and amendments in the legislation following from this Decree, including providing the administrative responsibility for failure to carry out of obligatory representations of judicial authorities to execution.
14. Make changes and additions to some acts of the President of the Republic of Uzbekistan and the Government according to appendix No. 7.
15. To impose control of execution of this Decree on the Prime Minister of the Republic of Uzbekistan A. N. Aripov and the head of Administration of the President of the Republic of Uzbekistan Z. Sh. Nizomiddinov.
President of the Republic of Uzbekistan
Appendix No. 1
to the Presidential decree of the Republic of Uzbekistan of May 19, 2020 No. UP-5997
The concept of development of bodies and organizations of justice in 2020 - 2024 (further - the Concept) according to the resolution of the President of the Republic of Uzbekistan of April 13, 2018 No. PP-3666 "About organizational measures for further enhancement of activities of the Ministry of Justice of the Republic of Uzbekistan" determines the prospects of development of system of bodies and organizations of justice.
The main objective of activities of the Ministry of Justice of the Republic of Uzbekistan (further - the Ministry) consists in creation of modern system of law, implementation of the advanced standards and the principles of the constitutional state, legal support of transition to effective model of public administration.
The concept provides the following priority directions:
quality excellence of single state legal policy, coordination of law-making activities;
implementation of the complex analysis of law-enforcement practice and system effectiveness of public administration;
realization of single state policy in the sphere of ministerial procedures and rendering the state services;
realization of state policy in the sphere of intellectual property;
increase in legal culture of the population, first of all youth, by the organization of consecutive address work on legal education and distribution of legal information;
development and support of activities of non-state non-profit organizations;
ensuring effective functioning of system of notariate, the legal profession and other structures performing legal servicing of physical persons and legal entities, legal protection of the rights, freedoms and legitimate interests of citizens;
development and further strengthening of the international legal cooperation, activization of activities in the sphere of providing legal protection of interests of the Republic of Uzbekistan in the international and foreign organizations;
enhancement of system of the organization of preparation, retraining and advanced training of legal personnel according to modern educational standards;
consecutive improvement of quality of judicial and expert activities;
development of human capital, improvement of material logistics of activities of bodies and organizations of justice, implementation of new mechanisms of social and material stimulation of workers;
increase at the essential level of role and efficiency of activities of territorial authorities of justice.
Ensuring availability of reasonable, reasonable and sufficient reasons of any regulatory intervention in the social and economic relations in society.
Implementation of development of new regulatory means after studying and the analysis of opinions of business community, institutes of civil society, the population and the public.
Transformation of legal definiteness and predictability of regulatory behavior into the most important principles of the state legal policy on the basis of which activities of state bodies and their officials are estimated.
Implementation in law-making of integrated approach of regulation of the social and economic relations.
Systematization of the legislation, simplification of legal regulation and reducing bylaws by application of method of "regulatory guillotine" and adoption of the laws of direct action on the basis of the careful, large-scale and critical analysis.
Establishment of complex system of assessment of regulatory impact of acts of the legislation including ex-post (subsequent) analysis of the adopted regulatory legal acts.
Forming and consecutive enhancement of mechanisms of scientific linguistic examination.
Creation and enhancement of institutional, scientific and methodical bases of conducting anti-corruption, gender and legal examinations of regulatory legal acts and their projects.
Further enhancement of single electronic system of development and coordination of drafts of regulatory legal acts by implementation in rule-making process of innovative methods of activities using modern information and communication technologies.
Implementation of the "smart regulation" model and the standardized analysis methodology by enhancement of legislative activities and elimination of excessive burden of legal regulation.
Harmonization of regulations of the civil legislation with the most advanced foreign practicians, and also implementation of international standards in this sphere.
Establishing mutual legal examination of regulatory and residuary rules for the purpose of development of institutes of the civil legislation and minimization of regulatory intervention in the private-law relations between equal subjects.
Development of the civil relations, strengthening of legal, institutional and methodical basis in system of the Ministry, in particular implementation of the effective civil mechanisms protecting the rights and legitimate interests of physical persons and legal entities.
Enhancement of activities of legal services of state bodies and organizations due to their active attraction in process of project development of regulatory legal acts.
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