RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of August 24, 2007 No. 182

About measures for further increase in level of legal support of activities of bodies of the public and economic board, public authorities on places, the state companies, organizations and the organizations

For the purpose of strengthening of legality in activities of bodies of the public and economic board, public authorities on places, and also the state companies, organizations and the organizations, improvement of quality of training of drafts of regulatory legal acts, strengthenings of role and responsibility of legal service in the conditions of reforming and upgrade of the country the Cabinet of Ministers decides:

1. Approve:

Regulations on legal service of state bodies and public authorities on places according to appendix No. 1;

Regulations on legal service of bodies of economic board, the state companies, organizations and the organizations according to appendix No. 2.

2. Determine that heads of bodies of the public and economic board, public authorities on places, the state companies, organizations and the organizations bear the personal responsibility for observance of requirements of this resolution and creation of necessary conditions for activities of legal service.

3. To the Ministry of Justice of the Republic of Uzbekistan:

establish proper control of observance of the public and economic board by bodies, public authorities on places, the state companies, organizations and the organizations, and also their legal services of requirements of this resolution;

in two-month time, on the basis of the critical analysis to make specific proposals on enhancement of procedure for carrying out employee assessment of legal services of bodies of the public and economic board, public authorities on places, the state companies, organizations and the organizations, and also increase in their qualification;

in three-months time to develop for application in activities of legal services guidelines manuals on execution of agreements, regulatory legal acts, systematization of the legislation, on conducting claim and claim work, creation of the conclusions to drafts of regulatory legal acts.

4. Declare invalid the resolution of the Cabinet of Ministers of March 2, 1993 No. 118 "About approval of the Regulations on legal service in state bodies and at the companies of the Republic of Uzbekistan" (the joint venture of the Republic of Uzbekistan, 1993, No. 3, the Art. 8).

5. To impose control over the implementation of this resolution on deputy prime ministers of the Republic of Uzbekistan and the Minister of Justice of the Republic of Uzbekistan.

Appendix No. 1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of August 24, 2007 No. 182

Regulations on legal service of state bodies and public authorities on places

I. General provisions

1. This Provision determines requirements imposed to activities of legal service of state bodies and the government on places (further - state bodies), their rights, obligation and responsibility.

2. Legal service of state body - the independent structural division or position created or entered for the purpose of legal support of activities of state body.

The legal service submits directly to the head of state body.

The legal service can be created in the form of legal department, legal management, legal department, legal bureau or consist of one staff of the general counsel conducting the legal adviser, the senior legal adviser or the legal adviser.

Reducing the available established posts of legal service or their redistribution in other structural divisions of state body is not allowed.

3. The legal service of state body in the activities is guided by the Constitution and the laws of the Republic of Uzbekistan, resolutions of chambers of Oliy Majlis of the Republic of Uzbekistan, decrees, resolutions and orders of the President of the Republic of Uzbekistan, decisions of the Government of the Republic of Uzbekistan, this Provision and other acts of the legislation.

4. Person having the higher legal education can work for positions of the employee of legal service or the legal adviser of state body.

Person having the higher legal education and length of service on legal specialty at least two years is appointed to position of the head of legal services of state body.

Persons for the first time appointed to position of the employee of legal service pass training in accordance with the established procedure in judicial authorities.

The procedure for passing of training in judicial authorities is determined by the Ministry of Justice of the Republic of Uzbekistan.

5. Employees of legal service of khokimiyats of areas and the city of Tashkent are appointed to position in coordination with the Ministry of Justice of the Republic of Uzbekistan and are accountable to the corresponding hokim and the Ministry of Justice of the Republic of Uzbekistan.

Employees of legal service of khokimiyats of areas and cities are appointed to position in coordination with the Ministry of Justice of the Republic of Karakalpakstan, justice departments of areas and the city of Tashkent and are accountable to the corresponding hokim and territorial authority of justice.

The procedure for coordination with judicial authorities of the candidates recommended for position of the employee of legal service of public authorities on places, and also report form about the legal service of public authorities done by workers on places to work represented to judicial authorities, procedure and terms of its representation are determined by the Ministry of Justice of the Republic of Uzbekistan.

6. In state body the assistant legal adviser's position can be entered.

Person having the higher or secondary vocational legal education and also the student of last year of bachelor degree or listener of magistracy of higher educational institution studying in "law" can work for positions of the assistant legal adviser.

7. Persons recognized in accordance with the established procedure as incapacitated or it is limited by capable, cannot work for positions of the employee of legal service, the assistant legal adviser.

8. Employees of legal service for the purpose of representation and protection of common interests can create public associations according to the procedure, established by the legislation.

II. Tasks and functions of legal service

9. The main objectives of legal service of state body are:

1) participation in law-making and law-enforcement activities of state body;

2) maintaining according to the established requirements of the systematized accounting of regulatory legal acts;

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