Decree

of the President of the Republic of Uzbekistan

On organizational measures of further improvement of the activity of the Ministry of Justice of the Republic of Uzbekistan

In accordance with the Resolution of the President of the Republic of Uzbekistan dated April 13, 2018 No. UP-5415 “On measures of radical improvement of the activity of justice bodies and institutions in implementation of state legal policy”:

1. Define the main tasks of the Ministry of Justice of the Republic of Uzbekistan:

implementation of a single state legal policy, coordination and enhancement of the effectiveness of law-making activities;

implementation of a comprehensive and critical analysis of the effectiveness of the public administration system with the development of sound proposals for the implementation of relevant reforms in this area;

methodical guidance and coordination of activities of state bodies and organizations on the implementation of laws and other regulatory legal acts;

implementation of measures to ensure consistent and uniform law enforcement practices in the activities of state and economic management bodies, public authorities in the field;

carrying out state policy in the field of development of activity of non-governmental non-commercial organizations, assistance in organizing their interaction with state bodies and organizations;

development and implementation of a single state policy in the field of administrative procedures and provision of public services;

coordination, control and methodical support of the activities of legal services of state bodies and organizations;

realization of legal propaganda, bringing to the population the essence and significance of the adopted legislative acts, taking measures to eradicate the legal illiteracy of the population, and coordinating the work of state bodies and organizations in the field of legal propaganda;

dissemination of legal information and access to it;

ensuring an effective functioning of the notarial system, legal profession and other structures that provide legal services to individuals and legal entities;

implementation of measures to protect the rights, freedom and legitimate interests of citizens;

establishment and strengthening of international legal cooperation, legal expertise of international treaties;

ensuring the legal protection of the interests of the Republic of Uzbekistan in international and foreign organizations, timely informing the international community, foreign investors about the national legal system and ongoing legal reforms;

organization of training, retraining and advanced training of legal staff, ensuring the conduct of fundamental and applied research in the field of jurisprudence;

development of priority areas for the development of forensic work, coordination of training and professional development of forensic experts;

introduction of the activities of justice bodies and institutions, primarily in the area of legal services to the public and the provision of public services, innovative methods of working with the use of modern information and communication technologies.

2. Form:

a) in the structure of the central apparatus of the Ministry of Justice of the Republic of Uzbekistan:

Department of analysis of the effectiveness of public administration;

Department for study of law enforcement practices in the socio-economic sphere;

Department of legal expertise of governmental protocol decisions and departmental normative acts;

Department of analysis and systematization of legislation;

Department of state regulation of legal services;

Department on legal protection of interests of the Republic of Uzbekistan in international and foreign organizations;

b) on the basis of the Legal Informatization Center and the publishing house “Adolat” under the Ministry of Justice of the Republic of Uzbekistan:

Center for development of information and communication technologies in bodies and institutions of justice (hereinafter referred to as the “CDICT”) in the form of a state unitary enterprise;

Legal Information Center “Adolat” (hereinafter referred to as “Adolat” LIC) in the form of a state unitary enterprise.

To determine that the activities of the CDICT and Adolat LIC are financed from the proceeds from the sale of goods (works, services), the funds of the off-budget Development Fund for the justice bodies and institutions, other extra budgetary funds of the Ministry of Justice of the Republic of Uzbekistan, as well as other sources not prohibited by law .

Allow the bodies and institutions of justice to enter into agreements with the CDICT and the Adolat LIC for the provision of services (works) without tender (competitive) bidding.

3. To approve:

Regulation of the Ministry of Justice of the Republic of Uzbekistan in accordance with Appendix No. 1;

organizational structure of the system of the Ministry of Justice of the Republic of Uzbekistan in accordance with Appendix No. 2;

structure of the Central Office of the Ministry of Justice of the Republic of Uzbekistan with a maximum total number of management personnel of 158 units, financed from the State budget of the Republic of Uzbekistan, according to Appendix No. 3;

the structure of the Ministry of Justice of the Republic of Karakalpakstan, the model structure of justice departments of regions and the city of Tashkent in accordance with annexes Nos. 4 and 5;

a typical structure of justice units of districts (cities) in accordance with Appendix No. 6;

the scheme for communicating the normative legal acts to the performers and explaining to the public their norms and provisions in accordance with Appendix No. 7;

A set of measures to further improve and ensure the effectiveness of the activities of justice bodies and institutions in accordance with Appendix No. 8.

Grant the right to the Minister of Justice of the Republic of Uzbekistan to make changes to the structure of the Central Officeof the Ministry of Justice of the Republic of Uzbekistan, justice bodies and institutions within the established total number.

4. Introduce, from May 1, 2018 the procedure according to which:

all drafts of normative legal acts are to be placed by the organizations which developed the projects on the Unified Portal on Interactive Public Services of the Republic of Uzbekistan for public discussion;

drafts of normative and legal acts are submitted to the Cabinet of Ministers, the Office of the President of the Republic of Uzbekistan solely upon the presence of a conclusion of the Ministry of Justice of the Republic of Uzbekistan on the expediency of their adoption following the results of legal expertise;

mandatory condition for the adoption by public authorities in the field of normative legal acts is the presence of a positive conclusion of the territorial bodies of justice following the results of legal expertise;

legal expertise of draft normative legal acts is carried out by the Ministry of Justice of the Republic of Uzbekistan after their coordination with interested organizations, and also repeatedly – if their conceptual provisions are changed in the structural subdivisions of the Office of the Cabinet of Ministers and the Office of the President of the Republic of Uzbekistan;

ministries and departments can adopt departmental normative legal acts if legislative acts, decrees, resolutions and orders of the President of the Republic of Uzbekistan, resolutions of the Cabinet of Ministers of the Republic of Uzbekistan grant them the authority to adopt a specific act or to regulate specific public relations.

5. To establish that from January 1, 2019 in the territory of the Republic of Uzbekistan, the departmental obligatory acts that were adopted prior to June 17, 1993 and unregistered in the Ministry of Justice of the Republic of Uzbekistan, including departmental acts of the former USSR, are terminated.

The Ministry of Justice of the Republic of Uzbekistan together with the interested ministries and departments within two months shall submit to the Cabinet of Ministers a draft action plan for the development of new normative legal acts, which in turn terminate their activities in accordance with this paragraph.

6. Establish a Public Council under the Ministry of Justice of the Republic of Uzbekistan, functioning as a consultative and advisory body on a voluntary basis, whose activities are aimed at developing an open dialogue with citizens, non-state non-profit organizations, and other institutions of civil society.

Ministry of Justice of the Republic of Uzbekistan within one month shall approve the composition of the Public Council and the “road map” for the implementation of activities aimed at the effective performance of the tasks assigned to it.

7. To approve the proposals of the Ministry of Justice, the Ministry of Higher and Secondary Special Education, the Ministry of Economy and the General Prosecutor’s Office of the Republic of Uzbekistan on:

a) transformation of professional colleges and academic lyceum in accordance with Annex No. 9 to Law colleges of the Ministry of Justice of the Republic of Uzbekistan (hereinafter referred to as “Law colleges”) with the establishment of the procedure, according to which:

coordination of the teaching and methodological process in law colleges, providing them with practical and information-resource assistance is provided by the Tashkent State University of Law (hereinafter referred to as the TSUL), and the management and control of their activities and the strengthening of the organizational and personnel base by the territorial bodies of justice;

Minister of Justice of the Republic of Karakalpakstan and heads of justice departments of regions and the city of Tashkent are the directors of law colleges;

the costs of equipping legal colleges with the necessary training and sports equipment, computer equipment and an information resource fund are carried out at the expense of budget funds allocated for education, as well as extra budgetary funds of the Ministry of Justice;

admission to Law colleges is carried out on a competitive basis on quotas determined by the Ministry of Justice of the Republic of Uzbekistan, taking into account the needs of each region in the frames of secondary special, professional education in the field of “jurisprudence” with specialties and professions according to Appendix No. 10;

starting from 2020/2021 academic year, graduates of law colleges have the right to enter the TSUL upon the direction of the territorial bodies of justice without entrance examination tests via individual interview with training on a special three-year program of bachelor’s training and commitment to continuous work for three years after graduation;

training of the third year students of transformed professional colleges and the academic lyceum is completed in these educational institutions, including them in the contingent of students of nearby professional colleges and the academic lyceum with similar courses of study;

b) increase from 2018/2019 academic year of the quota for admission of students to the TSUL master’s program to 150 people on a fee-based basis;

c) admission to the TSUL master’s program starting from the 2018/2019 academic year without conducting tests with the duration of one year study;

d) doubling the amount of monthly allowances to be established at the expense of the Special Fund for the financial incentive of the managerial, teaching, scientific, training and support, technical and maintenance staff of the TSUL;

e) establishment of the Center for Professional Training of Legal Personnel in accordance with international standards under the TSUL (hereinafter referred to as the Center) on the basis of the Center for Retraining and Advanced Training of Teachers, with the organization in it of:

courses of retraining in the legal profession for people with higher education;

short-term courses of professional training of legal personnel in accordance with international standards, including legal support for international business, international arbitration and litigation;

courses of retraining and advanced training of teaching staff who teach law disciplines in specialized secondary, professional and higher educational institutions.

8. To determine that:

training in retraining courses in the legal profession in the Center is carried out on a paid-contract basis for a period of six months with the issuance of a diploma of the established standard;

people who have completed retraining courses in the legal profession and who have received a diploma of the established standard have the right to work in legal services of state bodies and other organizations.

The Ministry of Justice of the Republic of Uzbekistan within a month should submit proposals to the Cabinet of Ministers on the organization of the Center’s activities, as well as the approval of the list of higher education areas admitted for retraining in the legal profession.

9. The Ministry of Higher and Secondary Special Education of the Republic of Uzbekistan together with:

The Council of Ministers of the Republic of Karakalpakstan and the regional khokimiyats till July 1, 2018 shall transfer free of charge, on the right of operational management, and the Ministry of Justice of the Republic of Uzbekistan shall accept professional colleges and academic lyceums, indicated in the Annex 9, together with buildings and facilities, material and technical means, educational equipment and other property;

Ministry of Employment and Labor Relations of the Republic of Uzbekistan to ensure the employment of the released pedagogical staff of professional colleges and the academic lyceum, which are transformed into law colleges, in accordance with their specialty.

10. Agree with the proposal of the Ministry of Justice of the Republic of Uzbekistan and the National Television and Radio Company of Uzbekistan to create the television studio “Huquqiy axborot” in the State Unitary Enterprise “Teleradiokanal” Madaniyat va ma’rifat “within its overall staff due to the optimization of airtime.

To the Ministry of Justice of the Republic of Uzbekistan to provide the television studio “Huquqiy axborot” with high-quality broadcast material, aimed primarily at informing the public of the essence and significance of the reforms being carried out in the country, as well as the adopted legislative acts.

11. To approve the proposals of the Ministry of Justice of the Republic of Uzbekistan on:

the direction of a part of the funds in the amount of up to 80 percent, coming from the provision of paid services and the commission of additional legal and technical actions by notaries, to further material incentives for employees of notary offices;

setting the amount of deductions to the non-budgetary Development Fund of the justice bodies and institutions from the amounts of state duties levied by notaries in the amount of 12 percent.

Grant the right to the Minister of Justice, in consultation with the Ministry of Finance of the Republic of Uzbekistan, to introduce in the notary offices additional staff units of an interpreter, operator, courier and other employees to provide the whole complex of notarial and related services to the public due to deductions from the state duty levied by notaries for notary fees actions, and receipts for additional notices of legal and technical nature committed by notaries.

12. To establish that since April 15, 2018:

the amount of bonuses for long service and allowances for class ranks of employees of the justice bodies and institutions are equal to the amounts established for employees of the prosecutor’s office;

when determining the official salary of employees of the justice bodies for the approved categories for wages under the Unified Tariff Scale, the tariff coefficient is applied one and a half time;

employees of the central apparatus of the Ministry of Justice of the Republic of Uzbekistan, the Minister of Justice of the Republic of Karakalpakstan, the heads of the justice departments of the regions and the Tashkent city, who have class ranks of justice bodies and institutions, pay a special allowance for special working conditions to 50 percent of official salary, included in the official salary in calculating established by the legislation of incentive surcharges and allowances.

Clauses two to four of this paragraph shall apply to employees of the Office of the President of the Republic of Uzbekistan appointed to the posts by decisions of the President of the Republic of Uzbekistan and having class ranks of justice bodies and institutions, with all payments remaining in the Office of the President of the Republic of Uzbekistan.

Expenses related to the implementation of activities provided for in this paragraph shall be made:

for employees of justice bodies and institutions – at the expense of extra budgetary funds of justice bodies and institutions;

for employees of the Office of the President of the Republic of Uzbekistan – at the expense of the State Budget of the Republic of Uzbekistan.

13. The Council of Ministers of the Republic of Karakalpakstan, the khokimiyats of the regions and the Tashkent city together with the Ministry of Justice of the Republic of Uzbekistan within a month should ensure the placement of justice units of districts (cities).

14. Ministry of Justice of the Republic of Uzbekistan:

in two weeks together with the Ministry of Finance of the Republic of Uzbekistan shall make changes and additions to the cost estimates and staff schedules of the Ministry of Justice of the Republic of Uzbekistan in accordance with this Decree;

in a month’s time, submit to the Cabinet of Ministers of the Republic of Uzbekistan proposals on changes and amendments to the legislation arising from this Decree;

in two months shall introduce a draft government resolution that provides for the admission of students of Law colleges of the Ministry of Justice of the Republic of Uzbekistan to Tashkent State University of Law.

15. To recognize as void certain resolutions of the President of the Republic of Uzbekistan in accordance with Appendix No. 11.

16. The control over the implementation of this Decree shall be entrusted to the Prime Minister of the Republic of Uzbekistan, A.N. Aripov, State Adviser of the President of the Republic of Uzbekistan, R.R. Inoyatov and Minister of Justice of the Republic of Uzbekistan R.K. Davletov.

President of the Republic of Uzbekistan SH. Mirziyoyev

Tashkent,

April 13, 2018,

No. PD-3666

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