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RESOLUTION OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

of January 14, 2021 No. PP-4951

About measures for implementation of the effective mechanism of determination of condition of ensuring supremacy of law in the Republic of Uzbekistan

(as amended on 29-12-2022)

In the country consecutive reforms on ensuring reliable human rights protection, expansion of opportunities of access to justice, creating favorable conditions for free functioning of institutes of civil society and to reduction of the factors generating corruption are undertaken.

At the same time creation of effective mechanisms of ensuring supremacy of law and legality in regions, studying and estimates of condition of the organization of execution of the adopted acts the legislation and timely elimination of the revealed shortcomings is required.

For the purpose of strengthening of responsibility of state governing bodies on places for ensuring supremacy of law and legality in regions, further improvement of line items of the country in the corresponding international ratings and indexes, and also according to the Strategy of actions in five priority directions of development of the Republic of Uzbekistan in 2017 - 2021:

1. Approve the offer of the Senate of the Oliy Majlis, Ministry of Justice and Supreme Court on implementation of the Index of the supremacy of law of regions estimating on the basis of rating condition of ensuring supremacy of law in regions of the republic (further - the Index of supremacy of law of regions).

Determine that the Index of supremacy of law of regions is determined on the basis of statistics and results of the conducted sociological surveys by the following directions:

observance of acts of the legislation;

providing rights and freedoms of citizens;

justice and execution of judgments;

establishment of law and order and safety;

effective control behind activities of executive bodies on places;

efficiency of anti-corruption;

transparency of institutes of the power.

2. Approve:

The indicators displaying the Index of supremacy of law of regions according to appendix No. 1;

Regulations on procedure for determination of the Index of supremacy of law of regions according to appendix No. 2.

3. Determine that determination of the Index of supremacy of law of regions is performed by means of the automated information system "Huquq ustuvorligi" (further - System) in the following procedure:

a) annually till February 1 state governing bodies into the System enter the relevant statistical data;

b) Ministry of Justice:

annually till March 1 together with the Republican center of studying of public opinion "Izhtimoy fikr", by the corresponding criteria - with authorized bodies of the government and management and public organizations social surveys about condition of ensuring supremacy of law among the population and experts by means of System are conducted;

annually till May 1 the Index of supremacy of law of regions for last accounting year with generalization of the data entered into the System is constituted;

annually till May 15 in Administration of the President of the Republic of Uzbekistan, chamber of Oliy Majlis, Republican council on work with the international ratings and indexes information on results of the Index of supremacy of law of regions is entered and its publication in mass media is provided;

c) annually till June 15 at meetings of the Jokargi Kenes of the Republic of Karakalpakstan, Kengashy People's Deputies of areas and the city of Tashkent discussions of information on results of the Index of supremacy of law of regions with participation of representatives of chambers of Oliy Majlis, Republican council on work with the international ratings and indexes, the Commissions of the Senate of the Oliy Majlis on assistance of activization of activities of representative bodies of local authorities, and also the interested ministries and departments are carried out.

Grant to the Ministry of Justice the right to use in accordance with the established procedure of services of third parties on the basis of outsourcing within determination of the Index of supremacy of law of regions for the purpose of holding social polls.

4. Establish procedure according to which:

The Ministry of Justice performs coordination of activities of the responsible departments and organizations which are taking part in determination of the Index of supremacy of law of regions and performs functions of the operator Sistema;

The Ministry of Justice together with state governing bodies reveals the subjects having low results in the Index of supremacy of law of regions, analyzes indicators of the corresponding indicators and studies their reasons;

state governing bodies develop specific proposals and actions for elimination of the revealed shortcomings and take measures for their realization.

Financing of the expenses connected with development, start, maintenance, support and further enhancement of functionality of System is made at the expense of means of off-budget funds of the Ministry of Justice and means of grants of the international organizations.

5. To the Ministry of Justice (R. K. Davletov) together with the Supreme Court (K. F. Kamilov), the Izhtimoy Fikr Center (N. H. Rakhimov) and other interested organizations:

a) in two-month time in coordination with Administration of the President of the Republic of Uzbekistan to provide approval of the program of holding social polls by determination of the Index of supremacy of law of regions among the population and experts by means of System and methodology of calculation of evaluation criteria;

b) till May 1, 2021 to provide development and start of System;

c) till July 1, 2021 together with responsible departments and the organizations to finish work on determination of the Index of supremacy of law of regions for 2020 and to publish results of the Index;

d) bring in Administration of the President of the Republic of Uzbekistan and chamber of Oliy Majlis of the offer on elimination of the problems arising in the course of determination of the Index of supremacy of law of regions.

6. Assign to the chairman of the Supreme Court (K. F. Kamilov), the Minister of Internal Affairs (P. R. Bobozhonov) and heads of other responsible departments and the organizations the personal responsibility for:

timely entering of data into System and reliability of statistical data;

involvement of the potential respondents participating in polls and rendering the practical help in timely representation of the relevant information based on the appeal of the Ministry of Justice.

7. To the Supreme Court (K. F. Kamilov), to the Ministry of Internal Affairs (P. R. Bobozhonov) and to other responsible departments and the organizations in two-month time to provide reduction of the internal statistical reporting in compliance with the statistical data entered into the System, and also forming of updated statistical forms following the results of 2020.

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

Quarterly discussion of course of execution of this resolution, and also implementation of coordination and control of activities of the departments responsible for its execution to assign to 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.

To inform the President of the Republic of Uzbekistan till August 1, 2021 on effectiveness of the performed measures.

President of the Republic of Uzbekistan

Sh. Mirziyoev

 

Appendix No. 1

to the Resolution of the President of the Republic of Uzbekistan of January 14, 2021 No. PP-4951

The indicators reflecting the Index of supremacy of law of regions

1. Observance of acts of the legislation in regions.

1.1. Condition of execution of the laws and bylaws in regions.

1.2. Condition of observance of ministerial procedures.

1.3. Ensuring immunity of the property right.

2. Providing rights and freedoms of citizens.

2.1. Cases of application of tortures and unreasonable detention by law enforcement agencies.

2.2. Lack of obstacles in realization of the rights of the suspect, person accused and defendant.

2.3. Cases of rendering pressure upon the citizens and journalists who used freedom of opinions and their expressions.

2.4. Cases of any intrusion into privacy.

2.5. Development of institutes of civil society.

2.6. Providing the basic labor rights (salary, working hours, lack of forced labor and others).

3. Justice and execution of judgments

3.1. Use by the population of possibility of recovery of the rights through courts.

3.2. Satisfaction of the population with impartiality of judgments.

3.3. Ideas of the population of availability of signs of corruption in judicial authorities.

3.4. Independence of the courts from influence of state bodies.

3.5. Observance of procedural terms by courts.

3.6. Proper execution of judgments.

4. Establishment of law and order and safety

4.1. Crime rate in regions.

4.2. Efficiency of prevention of offenses in regions.

4.3. Detection of offenses and acceptance on them effective measures.

4.4. Tendency of citizens "to unauthorized administration of law".

5. Effective control behind activities of executive bodies on places.

5.1. Control of activities of khokimiyats of Kengashami of People's Deputies.

5.2. Consideration in administrative courts of the disputes connected with decisions of executive bodies on places.

5.3. Ensuring accountability of officials of executive bodies on places for the offenses made by them.

5.4. Public control over activities of executive bodies on places.

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