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Ministry of Justice

Republic of Uzbekistan

On February 28, 2014 No. 2565

ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF UZBEKISTAN

of February 28, 2014 No. 53-mkh

About approval of Rules of preparation and adoption of departmental regulatory legal acts

(as amended on 24-06-2021)

 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, and resolutions of the Cabinet of Ministers of October 9, 1997 No. 469 "About measures for law enforcement of regulations of the ministries, the state committees and departments" and of May 19, 2000 No. 197 "About enhancement of procedure for adoption of regulations of the ministries, state committees and departments" and also for the purpose of further enhancement of procedure for preparation and acceptance by the ministries, state committees and departments of regulatory legal acts I order:

1. Approve Rules of preparation and adoption of departmental regulatory legal acts according to appendix 1.

2. Recognize invalid some departmental regulatory legal acts according to appendix 2.

3. Make state registration of this order and to Management of state registration of departmental regulations (B. Boliyev) to enter the corresponding record in the State register of departmental regulatory legal acts.

4. To management of state registration of departmental regulations (B. Boliyev) and to Management of systematization of the legislation and legal information (S. Nureyev) to provide publication of this departmental regulatory legal act in "÷zbekiston to Respublikasi the eve of huzhzhatlara of t¸plama" - "Collection of the legislation of the Republic of Uzbekistan".

5. To management of state registration of departmental regulations (B. Boliyev) to hold seminar with participation of representatives of legal services of the relevant ministries, state committees and departments in a month.

6. This order becomes effective from the date of its official publication.

7. To impose control over the implementation of this order on the first deputy minister M. Ikramov.

Minister

N. Yuldashev

Appendix 1

to the Order of the Minister of Justice of the Republic of Uzbekistan of February 28, 2014 No. 53-mkh

Rules of preparation and adoption of departmental regulatory legal acts

These rules according to the Law of the Republic of Uzbekistan "About regulatory legal acts", resolutions of the Cabinet of Ministers of the Republic of Uzbekistan of October 9, 1997 No. 469 "About measures for law enforcement of regulations of the ministries, the state committees and departments" and of May 19, 2000 No. 197 "About enhancement of procedure for adoption of regulations of the ministries, state committees and departments" determine procedure for preparation, registration and acceptance by the ministries, state committees and departments of regulatory legal acts, and also their legal examination, state registration and entry into force.

Chapter 1. General provisions

§ 1. Basic concepts

1. In these rules the following concepts are applied:

the legislative equipment - set of rules, methods, means and acceptances (tools) used for the organization and implementation of law-making activities;

the departmental regulatory legal act - the official document accepted by the ministry, the state committee and department in certain type, directed to establishment, change or cancellation of precepts of law as obligatory state instructions;

regulating documents in the field of technical regulation - technical regulations, regulating documents on standardization, health, veterinary, veterinary and sanitary, phytosanitary regulations and regulations, town-planning, environmental standards and rules and other documents in the field of technical regulation;

Single electronic system of development and coordination of drafts of regulatory legal acts (further - single electronic system) - the electronic system providing development, coordination, adoption of drafts of departmental regulatory legal acts, and also conducting legal examination and state registration of the adopted acts;

legal examination - implementation of check of compliance of the departmental regulatory legal act of the Constitution and to the laws of the Republic of Uzbekistan, other acts of the legislation having in comparison with it higher legal force, to the purposes and tasks of the reforms undertaken in the country, rules of the legislative equipment, and also justification and feasibility of application of referential regulations.

1-1. Development, coordination of drafts of departmental regulatory legal acts, their acceptance, conducting legal examination and state registration of the adopted acts are performed only by means of single electronic system, except for the departmental regulatory legal acts containing information carried according to the legislation to the state secrets and confidential information.

2. The ministries, the state committees and departments (further - the ministries and departments) adopt departmental regulatory legal acts according to the Law of the Republic of Uzbekistan "About regulatory legal acts", the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of October 9, 1997 No. 469 "About measures for law enforcement of regulations of the ministries, the state committees and departments", and also other acts of the legislation, including these rules.

In these rules departments are understood as the republican state bodies or governing bodies of special competence which are not the ministries or the state committees, equipped with executive and (or) administrative functions, and also the right of adoption of departmental regulatory legal acts.

§ 2. Powers on adoption of the departmental regulatory legal act

3. The ministries and departments adopt departmental regulatory legal acts on basis and in pursuance of the Constitution and the laws of the Republic of Uzbekistan, resolutions of chambers of Oliy Majlis of the Republic of Uzbekistan, decrees and resolutions of the President of the Republic of Uzbekistan, and also resolutions of the Cabinet of Ministers of the Republic of Uzbekistan. The ministries and departments can adopt departmental regulatory legal acts if legal acts, by decrees and resolutions of the President of the Republic of Uzbekistan, resolutions of the Cabinet of Ministers of the Republic of Uzbekistan to them confer powers on adoption of the relevant act or legal regulation of the specific public relations.

Structural divisions and territorial authorities of the ministries and departments have no right to adopt departmental regulatory legal acts. The ministries and departments have no right to delegate the powers conferred to them on adoption of departmental regulatory legal acts to other bodies, and also the structural and territorial subdivisions.

4. The ministries and departments in case of the questions requiring legal settlement shall adopt timely the corresponding departmental regulatory legal acts if legal regulation of the matters is included into their competence. The Ministry of Justice of the Republic of Uzbekistan has the right to bring submissions to the ministries and departments about need of adoption of the corresponding departmental regulatory legal act, with indication of the term of its acceptance.

The term of adoption of the departmental regulatory legal act in pursuance of the laws, resolutions of chambers of Oliy Majlis of the Republic of Uzbekistan, decrees and resolutions of the President of the Republic of Uzbekistan and resolutions of the Cabinet of Ministers of the Republic of Uzbekistan shall not exceed one month if other term is not established.

5. Inclusion of precepts of law in the documents which are not departmental regulatory legal acts is not allowed (regulating documents in the field of technical regulation, the letter, the telephone message, explanation on private questions, individual acts, etc.). The acts which do not have obligatory nature, but containing precepts of law as obligatory state instructions are subject to cancellation and are not applied.

The Ministry of Justice of the Republic of Uzbekistan has the right to bring ideas of cancellation and response from execution of the acts of normative and legal nature adopted by the ministries and departments which did not undergo state registration.

The ministries and departments in ten-day time shall cancel and withdraw the acts of normative and legal nature which did not undergo state registration from execution and to report about it in the Ministry of Justice of the Republic of Uzbekistan. 

§ 3. Types and effective periods of departmental regulatory legal acts

6. Departmental regulatory legal acts are adopted in the form of orders and resolutions according to appendices 1-12 to these rules.

7. Orders are accepted by heads of the ministries and departments in which decision making on behalf of the ministry or department is performed solely.

8. Resolutions are accepted by the state committees and departments in which decision making on behalf of the state committee and department is performed by their collegiate organs.

Departmental regulatory legal acts of two or more ministries and departments are accepted in the form of the resolution.

9. Orders and resolutions can be accepted in coordination with other organizations.

10. Orders and resolutions provisions, rules, instructions and other documents which are component of this order or resolution according to appendices 1-5 to these rules can affirm.

Approval by one order or the resolution of several provisions, rules, instructions or other acts is not allowed.

11. The main content of provisions provides establishment systemically of the rules connected among themselves directed to regulation of complex of the relations united on the basis of general signs.

12. The main contents of rules provide establishment of the separate precepts of law directed to regulation of the specific relations.

13. The main contents of instructions provide determination of procedure for application of provisions of acts of the legislation.

14. Departmental regulatory legal acts can be adopted for certain term (temporary) or sine die.

Effective period of the departmental regulatory legal act can be established for all act or its parts.

15. Effective period of departmental regulatory legal acts can be limited:

a) specific date;

b) approach of certain event or goal achievement of adoption of the departmental regulatory legal act.

Chapter 2. Preparation of drafts of departmental regulatory legal acts

§ 1. Organization of preparation of drafts of departmental regulatory legal acts

16. Preparation of the draft of the departmental regulatory legal act is assigned to one or several structural divisions of the ministries and departments taking into account their functions and competences. At the same time the circle of the officials responsible for preparation of the specified project, term of its preparation, and if necessary - the organizations involved in this work are determined.

17. For preparation of drafts of departmental regulatory legal acts working groups can be created.

18. The draft of the departmental regulatory legal act is subject to obligatory legal examination by legal service of the ministries and departments.

19. In the course of work on the draft of the departmental regulatory legal act the legislation of the Republic of Uzbekistan relating to project subject, experience of legislative regulation and the legislation of other states, the international agreements and other documents is studied, practice of application of the relevant acts of the legislation, scientific literature and materials of mass media on case in point, and also data of social and other researches are analyzed if those were carried out.

The draft of the departmental regulatory legal act is studied regarding availability in it of the precepts of law complicating procedures of implementation of business activity, establishing responsibility measures, additional payments and charges for physical persons and legal entities, providing the excessive administrative and other restrictions leading to emergence of unreasonable costs for them, and also having allowing nature.

20. Departmental regulatory legal acts shall correspond to the Constitution and the laws of the Republic of Uzbekistan, other acts of the legislation having in comparison with it higher legal force, to the purposes and tasks of the reforms undertaken in the country, and also rules of the legislative equipment.

21. In departmental regulatory legal acts inclusion of precepts of law is forbidden:

creating conditions for corruption, making of other offenses in system of state governing bodies;

creating possibility of direct and indirect discrimination on the basis of floor;

regulating the questions which are included into power of bodies of economic board, and the corporate relations;

establishing responsibility measures, additional payments and charges for physical persons and legal entities, excessive administrative and other restrictions which are leading to emergence of unreasonable costs for them and also having allowing nature.

§ 2. Structure of the departmental regulatory legal act

22. The structure of the departmental regulatory legal act shall provide consecutive (logical) development of subject of legal regulation, and also uniform understanding and application of future act.

23. The departmental regulatory legal act shall have the short name corresponding to its content and reflecting its subject of regulation. The name of the act shall be exact, accurate and is most information saturated.

If the order or the resolution the provision, rules, the instruction or other document affirms, that name of the order or the resolution shall contain instruction on approval of these acts in form according to appendices 1 - 5 to these rules.

24. For explanation of the purposes and motives of adoption of the departmental regulatory legal act the project can join the prolog - preamble.

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