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Ministry of Justice

Republic of Uzbekistan

On December 25, 2015 No. 2745

ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF UZBEKISTAN

of December 25, 2015 No. 384-mkh

About approval of the Technique of conducting anti-corruption examination of drafts of regulatory legal acts

According to the Law of the Republic of Uzbekistan "About regulatory legal acts" and 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, I order:

1. Approve the Technique of conducting anti-corruption examination of drafts of regulatory legal acts according to appendix.

2. Make state registration of this order and to Management of state registration of departmental regulatory legal acts to enter the corresponding record in the State register of departmental regulatory legal acts.

3. To management of penal, administrative and social laws and Management of systematization of the legislation and legal information to provide bringing to data of all interested persons and publication in "÷zbekiston to Respublikasi onun t¸plama uzhzhatlar" - "Collection of the legislation of the Republic of Uzbekistan" of this departmental regulatory legal act.

4. To management of penal, administrative and social laws, Management of the economic legislation, Management of state registration of departmental regulatory legal acts and Management of systematization of the legislation and legal information together with the Press service, the Ministry of Justice of the Republic of Karakalpakstan, justice departments of areas and the city of Tashkent:

in a month to organize seminars with participation of representatives of legal services of relevant organs of the public and economic board, their territorial subdivisions, and also public authorities on places;

provide systematic lighting in mass media of the generalized data on activities of judicial authorities in the sphere of conducting anti-corruption examination.

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

6. To impose control over the implementation of this order on the deputy minister A. Usmanov.

Minister

M. Ikramov

Appendix

to the Order of the Minister of Justice of the Republic of Uzbekistan of December 25, 2015 No. 384-mkh

Technique of conducting anti-corruption examination of drafts of regulatory legal acts

This Technique according to article 22 of the Law of the Republic of Uzbekistan "About regulatory legal acts" and the resolution of the President of the Republic of Uzbekistan of August 23, 2011 No. PP-1602 "About measures for further enhancement of activities of the Ministry of Justice of the Republic of Uzbekistan" determines procedure for conducting anti-corruption examination of drafts of 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, resolutions of the Cabinet of Ministers of the Republic of Uzbekistan, decisions of public authorities on places, and also regulatory legal acts of the ministries, the state committees and departments (further - projects) regarding identification in their content of corruptogenic factors which can promote corruption manifestations in the course of law enforcement.

Chapter 1. General provisions

1. In this Technique the following concepts are applied:

the regulatory legal act - the official document accepted according to the Law "About Regulatory Legal Acts", directed to establishment, change or cancellation of precepts of law as obligatory state instructions;

legal examination - implementation of check of compliance of draft constitutions and to the laws of the Republic of Uzbekistan, other acts of the legislation having in comparison with them 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;

corruptogenic factors - the regulations of projects setting for the law enforcement official unreasonably wide limits of discretion or possibility of unreasonable application of exceptions of general rules containing uncertain, exigeant and (or) burdensome requirements to physical persons and legal entities, and also gaps in legal regulation;

judicial authorities - the Ministry of Justice of the Republic of Uzbekistan, the Ministry of Justice of the Republic of Karakalpakstan, justice department of areas and city of Tashkent.

2. Anti-corruption expertize is carried out within legal examination.

3. Tasks of anti-corruption examination are:

identification in projects of the corruptogenic factors creating possibility of making of corruption offenses;

overall assessment of consequences of adoption of the project regarding possibility of making of corruption offenses;

forecasting of possibility of risks of corruption nature in the course of application of regulatory legal acts;

development of the recommendations and taking measures directed to elimination of the corruptogenic factors revealed in projects.

4. Conducting anti-corruption examination is based on the following fundamental principles:

legality - compliance of content of regulations of projects to regulatory legal acts of higher legal force;

right applicability - exception of regulations which can cause contradictory interpretation and application of provisions of regulatory legal acts;

transparency and stability of regulations - statement of the text of the project laconic, simple and clear language. The concepts and terms used in the project are applied uniformly according to their value accepted in the legislation, excluding possibility of various interpretation. The use of forms of informal conversation, terms of foreign languages in the presence of equivalent words and concepts in state language, obsolete and multiple-valued words and expressions, figurative comparisons, epithets, metaphors is not allowed;

objectivity - conducting anti-corruption examination objectively and without prejudice, on strictly legal, theoretical and practical framework, within the corresponding specialty, comprehensively and in full;

independence - conducting anti-corruption examination by the impartial person. Impact on person who is carrying out anti-corruption expertize for the purpose of receipt of the conclusion for benefit of interested persons is not allowed.

Chapter 2. The regulations of projects having corruptogenic factors

5. The corruptogenic factors setting unreasonably wide limits of discretion or possibility of unreasonable application of exceptions of general rules for the law enforcement official are:

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