PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of August 16, 2024 No. UP-111

About measures for ensuring stability, improvement of quality and efficiency of legal regulation of the public relations

For the purpose of effective ensuring execution of Strategy "Uzbekistan - 2030", wide use of methods of "smart regulation" in the course of rule-making, ensuring stability of legal regulation of the public relations, and also enhancement of organization-legal mechanisms of assessment of regulatory impact of drafts of regulatory legal acts and conducting monitoring of effectiveness of acts of the legislation:

1. Take into consideration that the Ministry of Justice together with the interested ministries and departments carries out expertize of 1 860 acts of the legislation, in 243 of them 350 regulations and legal gaps which lost the relevance, are not provided with realization mechanisms are revealed and also relevant proposals on their elimination are developed.

Approve:

Changes and additions made to some acts of the President of the Republic of Uzbekistan directed to enhancement of the legislation in financial, credit, bank spheres, spheres of business activity, social protection, foreign economic relations and customs affairs according to appendix No. 1;

"Road map" on elimination of the regulations which lost the relevance and not provided with mechanisms of realization and legal gaps in acts of the legislation according to appendix No. 2.

Recognize invalid some acts of the President of the Republic of Uzbekistan and the Government of the Republic of Uzbekistan according to appendix No. 3.

To the Cabinet of Ministers to approve "Road map" on elimination in acts of the legislation of the regulations which lost the relevance and are not provided with realization mechanisms and also legal gaps and corruption factors in a month.

2. Enter since October 1, 2024 the simplified and expanded evaluation procedure of regulatory impact of drafts of regulatory legal acts (further - assessment). At the same time:

a) in the simplified procedure before project development the following regulatory tools are estimated and by results of assessment pre-trial detention of the Ministry of Justice is received:

determination of obligations, requirements, prohibitions, responsibility or other restrictions (further - requirements) to physical persons and legal entities, their change or application of the corrective actions connected with observance of requirements or ensuring their execution;

introduction of the privileges, preferences and other types of the state support provided to subjects of entrepreneurship, expansion or reducing the sphere of their application;

b) in expanded procedure the following drafts of regulatory legal acts are estimated:

the projects recognized by results of the simplified assessment having the high level of economic and social impact, and also impact on the environment;

the projects recognized as subjects to expanded assessment according to orders of chambers of Oliy Majlis, Administration of the President of the Republic of Uzbekistan and the Cabinet of Ministers, and also according to offers of authorized bodies in the sphere of assessment, the public and other concerned parties.

To the Ministry of Justice in two-month time to approve methodology of carrying out the simplified and expanded assessment of regulatory impact of drafts of regulatory legal acts.

3. For the purpose of the complex organization of activities for the analysis and efficiency evaluation of application of the existing acts of the legislation, increase in coherence and effectiveness of the entered institutes in this direction to implement the procedure providing since 2025:

a) after entry into force of the regulatory legal act governing the public relations, establishing precepts of law:

for the purpose of the analysis of goal achievement of adoption of the regulatory legal act, ensuring its execution and collection of statistical data for assessment annually responsible state body carries out monitoring;

for the purpose of determination of goal achievement and efficiency of adoption of the regulatory legal act each three years by the responsible state body carries out assessment of bylaws;

in the adopted regulatory legal act the state body responsible for carrying out its monitoring and assessment is specified;

results of monitoring and assessment of the adopted regulatory legal act without fail are provided to the Ministry of Justice and are published on the official website of responsible state body;

b) legal monitoring of acts of the legislation is carried out within assessment of regulatory impact;

c) the comprehensive plan on evaluating regulatory impact and anti-corruption examination of acts of the legislation (further - comprehensive plan) is annually developed by the Ministry of Justice and affirms the Cabinet of Ministers;

d) the report of the Ministry of Justice on execution of comprehensive plan is submitted to the Cabinet of Ministers and Administration of the President of the Republic of Uzbekistan.

4. For the purpose of ensuring project development of regulatory legal acts with their extensive discussion with participation of experts:

a) in case of project development of regulatory legal acts, including their assessment, the scientific organizations and non-state non-profit organizations widely are involved in data collection processes (to polls, discussions in focus groups and to others);

b) since October 1, 2024:

according to drafts of the laws state bodies without fail receive the decisions of the public expert research establishments in the field, except for the projects providing modification and the amendments directed to mutual reduction in compliance of acts of the legislation, and also recognition their invalid;

the conclusions of the public expert research establishments and materials by results of discussions are without fail attached when entering the project into the Ministry of Justice and the bodies adopting this act.

5. To the Ministry of Justice together with Institute of the legislation and legal policy in two-month time to bring procedure for conducting scientific examination of drafts of regulatory legal acts in the Cabinet of Ministers.

6. For the purpose of coordination of activities republican and local executive bodies in case of assessment and anti-corruption examination of regulatory legal acts and their projects to form as a part of the Secretariat of the Prime Minister in executive structure of the Department of Assessment of Regulatory Impact and Anti-corruption Examination Cabinet of Ministers (further - Department), consisting of 3 established posts.

At the same time established posts of Department are created due to optimization of 2 established posts of system of the Ministry of Justice and 1 established post from system of Committee on development of the competition and consumer protection.

Determine the main objectives of Department:

coordination of activities republican and local executive bodies in the sphere of assessment and anti-corruption examination of regulatory legal acts and their projects;

evaluating and implementation of anti-corruption examination of drafts of regulatory legal acts and the adopted regulatory legal acts;

implementation together with the interested state bodies and the organizations of the critical analysis of condition of execution of the adopted regulatory legal acts and development by results of suggestions for improvement of regulatory legal acts;

implementation of monitoring of carrying out public discussion at all stages of preparation and project evaluation of regulatory legal acts republican and local executive bodies;

development of offers on improvement of quality and system effectiveness of identification and elimination of the regulations creating conditions for corruption in acts of the legislation.

7. Determine the main objectives of Institute of the analysis of the legislation and assessment of regulatory impact under the Ministry of Justice (further - Institute):

carrying out scientific research in the field of ensuring stability of regulation of the public relations, development of the directions of effective realization of policy of assessment of regulatory impact;

development of the offers directed to effective and steady regulation of the public relations and decrease in regulatory loading by means of assessment of acts of the legislation;

development of guidelines manuals on evaluating, scientific, legal, anti-corruption and other types of examination of acts of the legislation and their projects, the organization of training courses in this directions;

carrying out analysis of problems of the legislation, monitoring of interrelation, complexity and harmony of precepts of law, determination of the directions of systematization of acts of the legislation;

acceleration of cooperation with the leading foreign research organizations, attraction of technical support and grants of the international financial institutions and foreign donors;

rendering on contractual basis of services in development and evaluating, scientific, legal and anti-corruption examination of drafts of acts of the legislation.

Determine that under the terms of compensation and financial incentive employees of Institute are equated to employees of central office of the Ministry of Justice.

To the Ministry of Justice in two-month time to introduce the draft of the order of the Government providing the effective organization of activities of Institute to the Cabinet of Ministers.

8. Assign to the structural divisions on strategic planning and methodology created in central offices of the ministries and departments, the following additional tasks:

widespread introduction of instruments of "smart regulation" in rule-making organization activity;

forming of data on drafts of the acts of the legislation planned to development by the organization and their inclusion in the Program of planning;

ensuring evaluating regulatory legal acts and their projects, and also rendering methodical support of rule-making organization activity, including concerning assessment;

monitoring of execution of acts of the legislation, including studying and analysis of law-enforcement practice, development of offers on ensuring its stability.

9. Structural divisions on strategic planning and methodology are, as a rule, completed with specialists of the respective sphere, workers in specialties "economist", "lawyer", and also the procedure for obligatory increase in their qualification at least once in each two years takes root.

The organization of advanced training of employees of structural divisions for strategic planning and methodology is performed by the Ministry of Justice.

10. Determine that the following expenses are performed by extrabudgetary funds republican and local executive bodies and other sources which are not forbidden by the legislation:

the expenses connected with involvement of the scientific organizations, the organizations rendering consulting services, and experts of the sphere to process of evaluating drafts of regulatory legal acts;

the expenses connected with advanced training of workers republican and the local executive bodies responsible for assessment.

11. Implement the Rating of assessment of regulatory impact of drafts of acts of the legislation (further - Rating) directed to the analysis, efficiency evaluation of activities of state bodies for project evaluation of acts of the legislation, and also encouragement of workers and remedial action.

The rating is conducted according to the Technique of determination of rating of the project evaluation of acts of the legislation of state bodies and organizations approved by the Ministry of Justice on the basis of the evaluation criteria given in appendix No. 4 to this Decree.

12. Establish procedure according to which:

The Ministry of Justice annually following the results of year determines Rating which is published in mass media;

one-time material remuneration in the amount of at least triple monthly salary fund by extrabudgetary funds of the relevant state body will be provided to the employees of state bodies, responsible for assessment, who took the first three places in Rating;

measures for improvement of activities of state bodies with low Rating will be determined.

13. To the Ministry of Justice (A. Tashkulov):

render to the responsible ministries and departments the practical and methodical help in implementation of requirements of this Decree;

till November 1, 2024 to provide enhancement of Single electronic system of development and coordination of drafts of regulatory legal acts on the basis of requirements of this Decree;

in a month together with the interested ministries and departments to take measures for inventory count and recognition voided the departmental regulatory legal acts adopted on the basis of the acts which voided according to appendix No. 2 to this Decree;

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

Determine the Ministry of Justice (A. Tashkulov) responsible for assessment of regulatory impact and monitoring of execution of this Decree.

14. To impose control of execution of this Decree on the Prime Minister of the Republic of Uzbekistan A. N. Aripov.

 

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