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RESOLUTION OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

of October 22, 2021 No. PP-5263

About measures for further enhancement of conducting anti-corruption examination of regulatory legal acts and their projects

In the country the large-scale reforms directed to complex enhancement of system of anti-corruption, identification and elimination of the reasons and factors of making of corruption offenses, the prevention and anti-corruption in all spheres of life of society and the state are undertaken.

At the same time law-enforcement practice requires taking measures to improvement of quality and system effectiveness of identification and elimination in acts of the legislation of the regulations creating conditions for corruption.

For the purpose of further enhancement of system of conducting anti-corruption examination of regulatory legal acts and their projects:

1. Take into consideration that the Ministry of Justice together with the relevant ministries and departments carries out anti-corruption expertize of 226 acts of the legislation regulating spheres of construction, health care, the higher education and public procurements following the results of which in 75 of them 302 corruptogenic factors are revealed.

Approve "Road map" on elimination of the corruptogenic factors revealed as a result of conducting anti-corruption examination of regulatory legal acts in spheres of construction, health care, the higher education and public procurements according to appendix No. 1.

2. Approve the offer of chambers of Oliy Majlis of the Republic of Uzbekistan, National council on anti-corruption, the Ministries of Justice and anti-corruption Agencies about development of regulatory legal acts on the basis of the principle "the legislation, free from corruption" with implementation of procedure for the conducting anti-corruption examination providing:

step-by-step complete conducting anti-corruption examination of the existing regulatory legal acts;

broad involvement of the public, scientific organizations and independent experts to conducting anti-corruption examination of regulatory legal acts and their projects;

filling in case of project development of regulatory legal acts by developer of standard form of the questionnaire on identification of corruptogenic factors (further - cheklist) and its appendix to the project at all stages before adoption of the project;

not conducting legal examination and return to developer by judicial authorities of drafts of regulatory legal acts on which the cheklist was not filled;

determination of the corruptogenic factors revealed by judicial authorities in regulatory legal acts and their projects, one of the main criteria for evaluation of activities of the relevant state bodies and the organizations.

3. Approve:

The schedule of conducting anti-corruption examination of the existing regulatory legal acts in 2022 - 2026 according to appendix No. 2;

The plan of conducting anti-corruption examination of the existing regulatory legal acts in 2021 according to appendix No. 3.

Determine that since 2022 annually till January 20 the plan of conducting anti-corruption examination of the existing regulatory legal acts affirms the decision of the Cabinet of Ministers.

At the same time this plan joins first of all the acts of the legislation governing the social and economic relations with the highest level of corruption including which were the reason of extensive discussion among the public.

4. Provide since January 1, 2022 to representatives of the scientific organizations and the highest educational institutions, and also physical persons - independent experts the right of conducting scientific and independent anti-corruption examination of regulatory legal acts and their projects.

Establish procedure according to which:

conducting scientific and independent anti-corruption examination of regulatory legal acts and their projects is performed by the physical persons entered in the Register of experts in conducting anti-corruption examination of acts of the legislation and their projects (further - the Register of experts) at the expense of their own means and (or) means of customers;

The register of experts is kept by the Ministry of Justice;

the conclusions by results of conducting scientific and independent anti-corruption examination of regulatory legal acts and their projects are subject to obligatory consideration by the relevant state bodies and organizations, and also the reference constituted following the results of their consideration goes to the persons who were carrying out expertize and the Ministry of Justice.

To the Ministry of Justice (R. Davletov) in three-months time to develop and in accordance with the established procedure to approve requirements imposed to forming and maintaining the Register of experts, and also persons who are carrying out scientific and independent anti-corruption examination.

5. To the ministry of innovative development (I. Abdurakhmonov) when forming the state order on implementation of research projects to consider the projects connected with conducting anti-corruption examination of regulatory legal acts in three-months time - to announce competitions of research projects, including target, in the following directions:

development of the evidence-based offers on the scientific problem resolution connected with conducting anti-corruption examination of regulatory legal acts and their projects and also to increase in efficiency of these activities;

development of evidence-based complex decisions on elimination of the corruptogenic factors revealed as a result of conducting anti-corruption examination of regulatory legal acts and their projects.

6. Recommend to Public fund for support of non-state non-profit organizations and other institutes of civil society to hold under Oliy Majlis since 2022 competitions of state grants on the best offers on conducting scientific and independent anti-corruption examination of regulatory legal acts and their projects.

7. Determine that under the organization of works on the basis of the Scheduled plan of conducting anti-corruption examination of the acting regulatory legal acts in 2022 - 2026 (further - the Schedule):

a) state bodies and the organizations carry out anti-corruption expertize of the existing regulatory legal acts following the results of which the filled cheklist and offers on elimination of the revealed corruptogenic factors bring in the Ministry of Justice;

b) Ministry of Justice:

the cheklist and the offers of state bodies and organizations provided following the results of anti-corruption examination generalizes and develops "Road map" on elimination of the revealed corruptogenic factors;

as a rule, each half a year introduces in Administration of the President of the Republic of Uzbekistan and the Cabinet of Ministers the research opinion about analysis results of condition of conducting anti-corruption examination of the existing regulatory legal acts;

together with the relevant state bodies and the organizations annually till December 15 develops and introduces in the Cabinet of Ministers "Road map" on elimination of the corruptogenic factors revealed as a result of conducting anti-corruption examination of the existing regulatory legal acts and also the plan of conducting anti-corruption examination of the existing regulatory legal acts for the next year within the spheres determined in the Scheduled plan;

c) The Cabinet of Ministers annually till January 20 approves the plan of conducting anti-corruption examination of the existing regulatory legal acts within the spheres determined in the Scheduled plan and also "Road map" on elimination of corruptogenic factors.

8. Establish procedure according to which:

the relevant state bodies and the organizations carry out anti-corruption expertize of the existing regulatory legal acts on jurisdiction within the spheres determined in the Scheduled plan;

for the purpose of ensuring high-quality and full performance of works on conducting anti-corruption examination of the existing regulatory legal acts within the spheres determined in the Scheduled plan, the Ministry of Justice the Special working group on conducting anti-corruption examination of the existing regulatory legal acts (further - the Special working group) consisting of employees of state bodies and the organizations, non-state non-profit organizations, scientific community and independent experts can be created;

members of the Special working group, including employees of state bodies and organizations, scientific organizations and the highest educational institutions, are attracted without separation from principle place of employment, payment of their work is performed based on the civil agreement signed with the Ministry of Justice;

means of technical assistance and grants of the international financial institutions and foreign donors, and also extrabudgetary funds of state bodies and organizations are sources of financing of activities of the Special working group, including compensation of members of the Special working group and providing with the computers and office supplies necessary for the effective organization of their work;

state bodies and the organizations can submit the application to the Ministry of Justice for carrying out by the Special working group of anti-corruption examination of the existing regulatory legal acts within the spheres determined in the Scheduled plan. At the same time the expenses connected with conducting examination become covered by extrabudgetary funds of state bodies and the organizations on contractual basis.

9. To the ministry of investments and foreign trade (L. Kudratov) and to the Ministry of Justice (R. Davletov) to take measures for attraction of financial resources of technical assistance and grants of the international financial institutions and foreign donors for the organization of conducting anti-corruption examination of the existing regulatory legal acts in 2022 - 2026.

10. Determine that the Ministry of Justice:

coordinates and gives methodical help to activities of state bodies and organizations in the field of conducting anti-corruption examination of regulatory legal acts and their projects;

brings in state bodies and the organizations of idea of observance of requirements of conducting anti-corruption examination of regulatory legal acts and their projects, elimination of corruptogenic factors and regulations;

makes offers on advanced training and skills of employees of the state bodies and the organizations responsible for conducting anti-corruption examination of regulatory legal acts and their projects, including the organization for them the training actions.

11. Establish procedure according to which:

The Ministry of Justice following the results of each six months estimates activities of employees of legal services of state bodies and organizations for conducting anti-corruption examination of regulatory legal acts and their projects, by results of assessment - brings in the relevant state bodies and the organizations of the offer on application of measures of encouragement or authority punishment to them;

heads of state bodies and organizations consider question of encouragement by lump sum payment of money in the amount of 100 percent of official pay rate of employees of legal services or attraction them in accordance with the established procedure to disciplinary responsibility.

The expenses connected with implementation of measures, provided by this Item, are financed by extrabudgetary funds of state bodies and the organizations, and also other sources which are not forbidden by the legislation.

12. Assign to heads of state bodies and organizations the personal responsibility for timely, high-quality and complete conducting anti-corruption examination of regulatory legal acts and their projects.

Approve criteria for evaluation of activities of state bodies and organizations for conducting anti-corruption examination of regulatory legal acts and their projects (further - evaluation criteria) according to appendix No. 4.

Consider evaluation criteria in case of annual forming of rating of efficiency evaluation of works on anti-corruption in state bodies and the organizations following the results of every year.

13. To the Ministry of Justice (R. Davletov), to anti-corruption Agency (A. Burkhanov) together with the Ministry of Foreign Affairs (A. Kamilov) and the Ministry of investments and foreign trade (L. Kudratov) in two-month time for the purpose of studying of experience of the developed states in the field of conducting anti-corruption examination and assessment of regulatory impact of regulatory legal acts and their projects to make offers on the organization of visits of specialists to these states.

14. To the Ministry of Justice (R. Davletov) and to anti-corruption Agency (A. Burkhanov):

a) together with the Agency of information and mass communications (A. Hodzhayev), National broadcasting company of Uzbekistan (A. Hadzhayev) and National news agency of Uzbekistan (A. Kuchimov) on permanent basis:

hold briefings about questions of conducting anti-corruption examination of regulatory legal acts and their projects with participation of non-state non-profit organizations for the general public and representatives of mass media;

light essence and content, value of this resolution, and also the work which is carried out in the country on conducting anti-corruption examination of regulatory legal acts and their projects;

b) in three-months time:

provide enhancement of the Portal of discussion of drafts of regulatory legal acts and Single electronic system of development and coordination of drafts of regulatory legal acts, having provided creation for state bodies, the organizations and the public of possibility of filling and placement of cheklist by results of conducting anti-corruption examination of regulatory legal acts and their projects;

c) in two-month time together with the interested departments to make in the Cabinet of Ministers offers on the changes and amendments in acts of the legislation following from this resolution.

15. Assign to the Minister of Justice R. K. Davletov the personal responsibility for the effective organization of execution of this resolution.

Discussion of execution of this resolution, implementation of coordination and control of activities of the departments and organizations responsible for its execution to assign to the Prime Minister of the Republic of Uzbekistan A. N. Aripov.

President of the Republic of Uzbekistan

Sh. Mirziyoev

 

Appendix No. 1

to the Resolution of the President of the Republic of Uzbekistan of October 22, 2021 No. PP-5263

"Road map" on elimination of the corruptogenic factors revealed as a result of conducting anti-corruption examination of regulatory legal acts in spheres of construction, health care, the higher education and public procurements

Name of measures

Regulatory legal acts and mechanisms of realization

Completion dates

Executives in charge

I. The regulatory legal acts regulating the sphere of construction

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