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PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of March 17, 2022 No. UP-89

About measures for further increase in efficiency of activities of bodies and organizations of justice in providing the rights and freedoms of citizens, and also in rendering legal services

In recent years considerably the role and responsibility of bodies and organizations of justice increases in questions of legal support of the performed reforms, explanations of essence and contents of the acts of the legislation affecting the rights and interests of citizens and subjects of entrepreneurship, the solution of the legal problems concerning the population on places, improvement of quality of the state services, provisions of the public of information on the activities on system basis.

At the same time idea realization "New Uzbekistan - the national and humane state" requires further deepening of administrative reforms in system of judicial authorities.

In case of realization of single state policy in the sphere of rendering the state services and legal protection of intellectual property there is need of rational use of opportunities of system, ensuring the approved activities for these spheres, and also forming of complete chain of command by the existing administrative structures.

For the purpose of further strengthening of role and responsibility of judicial authorities in the solution of legal problems of the population, including due to economy and rational use of budgetary funds by strengthening in the country of priority of justice and the right, creation of the compact and effective administrative personnel which is professionally serving the population and also cancellations of tasks of declarative nature, accurate determination of organization-legal mechanisms of realization of functions and the prevention of duplication:

1. Agree with the offer of the Republican commission on coordination of development of the Program of administrative reforms of New Uzbekistan for 2022-2023 about accession of the Agency of the state services and its territorial administrations, and also the Agencies on intellectual property and its territorial centers, with transfer of tasks, functions and powers to the Ministry of Justice (further - the Ministry).

2. Assign the following additional tasks to the Ministry:

a) in the sphere of rendering the state services to the population:

realization of single state policy in the sphere of rendering the state services to physical persons and legal entities;

ensuring bystry, convenient and high-quality rendering the state services due to elimination of excessive ministerial procedures;

control and efficiency evaluations of activities of state bodies and other organizations in the sphere of rendering the state services, including in implementation of the corresponding information systems, resources and databases;

b) in the sphere of legal protection and protection of intellectual property:

development of single state policy in the field of intellectual property and protection of the rights to inventions, trademarks, copyright and other intellectual property items;

legal protection of inventions, useful models, industrial designs, trademarks and other intellectual property items.

3. Approve the Program of measures for further increase in efficiency and digitalization of activities of the Ministry of Justice according to appendix No. 1.

4. Determine that:

a) the centers of rendering legal services, the district (city) centers of the state services and their branches, and also bodies of the REGISTRY OFFICE with preserving all rights and powers are transferred to structure and subordination of departments of justice of areas (cities);

b) Ministry:

is legal successor of the Agency of the state services and the Agencies on intellectual property by all rights, obligations and agreements;

is the authorized body of public administration performing single state policy in the field of provision of the state services to physical persons and legal entities, and also in the field of intellectual property (protection and protection of the rights to intellectual property items) and representing the Republic of Uzbekistan in World Intellectual Property Organization and other international organizations in the field of intellectual property;

c) off-budget funds of the Agency of the state services and the Agency on intellectual property are transferred to the jurisdiction of the Ministry together with all residual means with preserving sources of their forming and the directions of use.

Rename off-budget funds of the agencies respectively into Fund of development of the state services and Fund of development of intellectual property of the Ministry.

5. In a month to provide to the ministry acceptance of buildings, constructions, inventory items, necessary information systems and other property, and also the corresponding documentation of the Agency of the state services and the Agency on intellectual property.

6. For the purpose of realization of tasks of the Concept of enhancement of the rule-making activities approved by the Presidential decree of the Republic of Uzbekistan of August 8, 2018 No. UP-5505, and also enhancement of procedure for adoption of acts of the legislation since May 1, 2022 to establish the following procedure according to which:

in cases when according to the legislation in case of decision making by executive bodies on places receipt of the positive conclusion of territorial authorities of justice is established, adoption (removal) of relevant decisions without receipt of such conclusion is not allowed;

The ministry performs monitoring of rule-making activities of the ministries, departments and executive bodies on places and quarterly entering of information on its results into Administration of the President of the Republic of Uzbekistan.

7. Establish procedure according to which since April 1, 2023:

electronic control copies of objects of copyright are without fail stored in single base of objects of copyright (further - Single base);

Public institution "Center of intellectual property" is determined by the operator - responsible for maintaining Single base, technical supply and coordination of process of entering of electronic control copies of objects of copyright into Single base;

electronic control copies of object are placed in Single base persons performing activities for storage of objects of copyright (depositaries);

after entering into Single base of electronic control copies of object by persons performing activities for storage of objects of copyright (depositaries) the document on its acceptance on storage is submitted.

8. To the ministry:

till July 1, 2022 to develop and introduce to the Cabinet of Ministers the draft of regulations on procedure for storage of electronic control copies of objects of copyright in Single base;

till January 1, 2023 to provide development and deployment of Single base.

9. To confer to the ministry and its territorial subdivisions for effective realization of the tasks assigned to them the following additional powers:

application of administrative punishment to officials of state bodies and other organizations for violation of acts of the legislation in the sphere of rendering the state services;

imposing of penalties on legal entities for offenses in the sphere of intellectual property;

appeal to the court with the statement for consideration of the employment dispute which arose in state bodies and the organizations with the state participation.

10. Provide to the Research institute of legal policy under the Ministry the following rights:

request and obtaining in non-paid form from state bodies and the organizations of documents and information necessary for carrying out the analysis and research, including necessary statistical data, analytical materials, documents and other information on practice of application of regulatory legal acts;

acquaintance with practice of application of acts of the legislation in state bodies and the organizations together with the Ministry of Justice with departure into place;

attraction on contractual basis of experienced scientists, other workers and educational leading experts, research establishments, state bodies and public organizations of the republic, and also the international organizations and authoritative educational and scientific institutions of foreign countries for implementation of research works;

the direction to 80 percent of the means arriving from the performed works and the rendered services on contractual basis (less expenses on their accomplishment), on actions for social protection and material stimulation of workers.

11. Determine that the conditions of material stimulation in the form of surcharge established for employees of the state organizations which are engaged in scientific, scientific and pedagogical and labor activity, having academic degree are applied as well to employees of Institute.

12. In structure of the Ministry to form:

a) within the extreme number of managerial personnel and the salary fund:

The department of international legal cooperation consisting of Management of international legal cooperation, Management of legal protection of interests of the Republic of Uzbekistan in the international and foreign organizations and Managements on work with the international ratings and indexes;

Management on studying of law-enforcement practice based on Management on studying of law-enforcement practice in the social and economic sphere and Managements on development of the civil relations;

Management of regulation of rendering legal services based on Management of coordination of activities of legal services and Management of state regulation of rendering legal services;

Management of systematization and assessment of the regulating impact of the legislation based on Management of the analysis and categorization of the legislation and Management of assessment of the regulating impact;

b) at the expense of the released established posts in connection with accession of the Agency of the state services and the Agencies on intellectual property to create:

Department of the state services;

Department of intellectual property.

13. Determine that states of again created structural divisions of the Ministry are completed first of all at the expense of workers of the systems of the Agency of the state services attached to the Ministry and the Agency on intellectual property.

To the ministry in two-month time to dismiss heads of departments of justice of areas (cities) and the centers of the state services, proceeding from changes in production organization and work and to provide completion of this position with managerial personnel with high qualification and professional training on the basis of internal tender.

14. Grant to the Minister of Justice the right:

make changes to structure of central office of the Ministry, bodies and organizations of justice within the established total number of workers;

if necessary, in coordination with Administration of the President of the Republic of Uzbekistan to enter additional established posts for the centers of the state services and their branches by extrabudgetary funds of the Ministry;

attract as consultants of highly qualified specialists of state bodies and other organizations, scientific and educational institutions, the international organizations, the foreign companies, and also experts;

employ qualified foreign specialists and pay them the salary in national currency or in foreign currency with transfer to their accounts abroad.

15. Agree with offers of the Ministry about:

reorganization of the state unitary enterprise "The Advisory Center of Intellectual Property under the Agency on Intellectual Property under the Ministry of Justice of the Republic of Uzbekistan" in public institution "Center of intellectual property" under the Ministry of Justice of the Republic of Uzbekistan;

renaming of public institution "Scientific and practical center of development of the state services" under the Agency of the state services in public institution "Center of development of the state services" under the Ministry of Justice.

Determine that public institution "Center of intellectual property" is specially authorized organization which is carrying out works on registration of intellectual property items, including state examination of requests for their registration, and the central storage of the relevant information on them.

16. Make changes and additions to some acts of the President of the Republic of Uzbekistan and the Government according to appendix No. 2.

17. Declare invalid some acts of the President of the Republic of Uzbekistan according to appendix No. 3.

18. To the ministry:

in a month together with the Ministry of Finance to make changes and additions to expense budget and the staff list of the Ministry according to this Decree;

in three-months time to make offers on the changes and amendments in acts of the legislation following from this Decree.

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

Discussion of course of execution of this Decree, implementation of coordination and control of activities of the bodies responsible for its execution to assign to the adviser to the President of the Republic of Uzbekistan B. D. Islamov.

To inform the President of the Republic of Uzbekistan till September 1, 2022 on effectiveness of the performed measures.

President of the Republic of Uzbekistan

Sh. Mirziyoev

 

Appendix No. 1

to the Presidential decree of the Republic of Uzbekistan of March 17, 2022 No. UP-89

Program of measures for further increase in efficiency and digitalization of activities of the Ministry of Justice of the Republic of Uzbekistan

Name of actions

Realization form

The expected result

Realization term

Executives in charge

1. Quality excellence of single state legal policy, coordination of rule-making activities

1.

Modification and amendments in rules of preparation and adoption of the departmental regulatory legal acts (registration number 2565 of February 28, 2014) directed to further simplification of processes of adoption of departmental regulatory legal acts, their legal examination and state registration.

Departmental regulatory legal act

Elimination of the system problems leading to refusal in state registration of departmental regulatory legal acts, and reduction in compliance among themselves the existing legal acts.

June, 2022

Ministry of Justice

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