It is registered
Ministry of Justice
Republic of Uzbekistan
On April 9, 2012 No. 2352
of April 9, 2012 No. 83-mkh
About approval of Methodical instructions about procedure for preparation, yuridiko-technical registration and conducting legal examination of drafts of the regulatory legal acts introduced by bodies of the public and economic board, public authorities on places to the Cabinet of Ministers of the Republic of Uzbekistan
According to the Law of the Republic of Uzbekistan "About regulatory legal acts", the Regulations on the Ministry of Justice of the Republic of Uzbekistan approved by the resolution of the President of the Republic of Uzbekistan of August 23, 2011 No. PP-1602, the Regulations of the Cabinet of Ministers of the Republic of Uzbekistan approved by the resolution of the Cabinet of Ministers on February 14, 2005 No. 62, the resolution of the Cabinet of Ministers of October 17, 2016 No. 345 "About measures for further enhancement of bill activities of the Government of the Republic of Uzbekistan" and also for the purpose of further enhancement of activities of bodies of the public and economic board, public authorities on places on preparation, yuridiko-technical registration and legal examination of drafts of the regulatory legal acts introduced to the Cabinet of Ministers of the Republic of Uzbekistan I order:
1. Approve Methodical instructions about procedure for preparation, yuridiko-technical registration and conducting legal examination of drafts of the regulatory legal acts introduced by bodies of the public and economic board, public authorities on places to the Cabinet of Ministers of the Republic of Uzbekistan according to appendix.
2. Make state registration of this order and to Management of state registration of departmental regulations (O. Hakimov) to enter the corresponding record in the State register of regulatory legal acts of the ministries, state committees and departments of the Republic of Uzbekistan.
3. To management of penal, administrative and social laws (N. Toychiyev), to Management of the economic legislation (A. Shadybayev) and to Management of systematization of the legislation and legal information (S. Nureyev) to provide finishing this regulatory legal act within ten days to data of all interested persons and publication to "Uzbekistan to Respublikasi the eve of huzhzhatlara of tuplama" - "Collection of the legislation of the Republic of Uzbekistan".
4. This Order becomes effective after ten days from the date of its state registration.
5. To impose control over the implementation of this order on the first deputy minister E. Kanyazov.
Minister
N. Yuldashev
Appendix
to the Order of the Minister of Justice of the Republic of Uzbekistan of April 9, 2012 No. 83-mkh
1. These Methodical instructions according to the laws of the Republic of Uzbekistan "About regulatory legal acts", "About procedure for preparation of drafts of the laws and their entering into Legislative house of Oliy Majlis of the Republic of Uzbekistan", the resolution of the President of the Republic of Uzbekistan of April 13, 2018 No. PP-3666 "About organizational measures for further enhancement of activities of the Ministry of Justice of the Republic of Uzbekistan", the Regulations of the Cabinet of Ministers of the Republic of Uzbekistan approved by the resolution of the Cabinet of Ministers of March 22, 2019 No. 242 (further - Regulations of the Cabinet of Ministers), the resolution of the Cabinet of Ministers of October 17, 2016 No. 345 "About measures for further enhancement of bill activities of the Government of the Republic of Uzbekistan" determine procedure for preparation, yuridiko-technical registration and legal examination of drafts of regulatory legal acts (further - projects), brought by bodies of the public and economic board, public authorities on places in the Cabinet of Ministers of the Republic of Uzbekistan.
Action of these Methodical instructions extends also to preparation, yuridiko-technical registration and legal examination of drafts of orders of the Cabinet of Ministers of the Republic of Uzbekistan, except for Items 30 and 34 of these Methodical instructions.
Action of these Methodical instructions regarding coordination of projects in Single electronic system of development and coordination of drafts of regulatory legal acts does not extend to the projects containing information carried by the legislation to the state secrets and confidential information.
2. Yuridiko-tekhnichesky execution of bills is performed according to Rules of yuridiko-technical execution of the bills introduced in Legislative house of Oliy Majlis of the Republic of Uzbekistan, and the laws provided to the Senate of the Oliy Majlis of the Republic of Uzbekistan approved by the Joint resolution of Kengash of Legislative house of Oliy Majlis of the Republic of Uzbekistan and Kengash of the Senate of the Oliy Majlis of the Republic of Uzbekistan of December 30, 2010 No. 237-II, 150-II.
3. According to Regulations of the Cabinet of Ministers questions can be submitted for consideration of the Cabinet of Ministers by cabinet ministers, heads of bodies of the public and economic board, the chairman of the board of Ministers of the Republic of Karakalpakstan, hokimama of areas and Tashkent, and in exceptional cases - their first deputies (further - developers).
The projects developed jointly by several developers are introduced by the first head of the developer initiating the project.
The project developed by several developers in pursuance of programs for development and entering into Legislative house of Oliy Majlis of the Republic of Uzbekistan of drafts of the laws, and also monitoring of their execution (further - the program of bill works), programs and plans of bill works of Legislative house of Oliy Majlis of the Republic of Uzbekistan, orders of the President of the Republic of Uzbekistan and the Cabinet of Ministers of the Republic of Uzbekistan, is introduced by developer which in the order is specified to the first.
4. The projects developed by the subordinated organizations of bodies of the public and economic board are introduced in the Cabinet of Ministers of the Republic of Uzbekistan by higher bodies of these organizations. The projects developed by hokima of areas (cities) and also the independent organizations (on the questions which are directly concerning their activities), are introduced in the Cabinet of Ministers of the Republic of Uzbekistan respectively by the chairman of the board of Ministers of the Republic of Karakalpakstan, hokimama of areas and Tashkent.
5. Developers prepare and introduce to the Cabinet of Ministers of the Republic of Uzbekistan drafts in pursuance of programs of bill works, programs and plans of bill works of Legislative house of Oliy Majlis of the Republic of Uzbekistan, orders of the President of the Republic of Uzbekistan and the Cabinet of Ministers of the Republic of Uzbekistan, and also on own initiative.
5-1. Project development of the laws is performed based on the scheduled plan. The schedule affirms the first head (in exceptional cases - his first deputy) developer if other is not provided in the order about preparation of the bill. Development of other drafts of regulatory legal acts can be also performed based on the scheduled plan.
Monitoring of course of execution of the scheduled plan is performed by legal service and results of monitoring are monthly submitted for discussion of the head of developer.
5-2. The schedule of project development consists of four columns (appendix 1 to these Methodical instructions):
sequence number;
actions;
completion date;
executives in charge.
6. According to article 20 of the Law of the Republic of Uzbekistan "About regulatory legal acts" by preparation of the project developer:
studies legislation condition, practice of its application in subject of regulation of the project;
reveals the gaps and contradictions which are negatively influencing legal regulation of certain area of the public relations, and also the public need for legal regulation, the reasons and conditions influencing efficiency of the legislation;
generalizes and uses offers of state bodies and other organizations, and also certain citizens, materials of mass media, consultations and recommendations of scientific and other organizations, scientists and specialists, data of other means of detection of public opinion;
considers the conventional principles and rules of international law, and also studies experience of legal regulation in other states.
7. The body developing the project shall determine type of the prepared project. At the same time it is necessary to pay attention to powers of body which will adopt the regulatory legal act, and requirements of Articles 8, 10 and 11 Laws of the Republic of Uzbekistan "About regulatory legal acts", the Law of the Republic of Uzbekistan "About the Cabinet of Ministers of the Republic of Uzbekistan" and the Regulations of Administration of the President of the Republic of Uzbekistan approved by the Presidential decree of the Republic of Uzbekistan of August 26, 2018 No. UP-5519.
Regulation of the questions which are included into power of bodies of economic board, and the corporate relations by means of adoption of bylaws or administrative methods is forbidden.
Entering into drafts of bylaws of the precepts of law providing responsibility for physical persons and legal entities is forbidden.
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