Resolution
of the President of the Republic of Uzbekistan
On measures of radical improvement of the activity of justice bodies and institutions in implementation of state legal policy

   In the process of building a legal democratic state and a fair civil society, an essential role is assigned to judicial authorities and institutions that are called upon to implement, first and foremost, a single state legal policy, including through the effective organization of law-making activities, the formation of consistent and uniform law enforcement practice, ensuring effective protection of rights and human freedoms, as well as the introduction of an integrated system for improving the legal culture of the population.
    The recently implemented measures have made it possible to increase the role and responsibility of justice bodies and institutions in the system of public authorities and administration, especially on legal support for the activities of state bodies and organizations, the coordination of their legal services, the dissemination of legal information, and improving the quality of public services.
    At the same time, the results of the analysis show that there are a number of systemic problems and shortcomings in the activities of justice bodies and institutions that hamper the achievement of a high level of effectiveness of the ongoing legal reforms. In particular:
    Firstly, the lack of district (city) divisions of justice bodies hampers a deep study of legal problems directly in a local level, the level of ensuring the rights and freedoms of citizens in connection with their real needs, the implementation of targeted legal education depending on specific legal challenges in society;
   Secondly, there is no effective work on a systematic analysis of law enforcement practice and development of effective measures to ensure its consistency and uniformity, providing legal advice to state bodies and other organizations in the field to prevent arbitrary and selective interpretation of legal norms;
    Thirdly, encumbrance of justice bodies with unusual and duplicating functions, especially in the sphere of contractual and legal work control, does not allow rational use of available forces and means for fulfilling the primary tasks in the sphere of state legal policy implementation;
   Fourth, the work of justice bodies in the field is not properly organized to explain the essence and significance of the reforms being implemented, the adoption of legislative acts affecting the rights and interests of citizens and business entities, which leaves the legal literacy and legal culture of the population at an unsatisfactory level, especially in the countryside;
    Fifth, there remains an acute shortage of specialists in the field of jurisprudence, primarily capable of adequately representing the interests of the Republic of Uzbekistan in international and foreign organizations, there is no system of training legal personnel in narrow and specialized specialties in demand in the state and economic management bodies;
    Sixth, the low level of social and material incentives for employees of justice bodies and institutions limits the attraction of high-qualified specialists to this sphere, create a sustainable personnel reserve and negatively influence the initiativeness and responsibility of employees;
    Seventh, the situation with the introduction of the latest information and communication technologies in the activities of the justice bodies and institutions, and equipping them with modern means and equipment, remains unsatisfactory.
    In accordance with the Strategy of Action on five priority development areas of the Republic of Uzbekistan in 2017-2021, and also for the purpose of radical improvement of the activity of justice bodies and institutions in the implementation of state legal policy:
    1. To consider priority directions of the activity of justice bodies and institutions:
First, transformation of justice bodies into professional service, ensuring the implementation of a single state legal policy aimed at implementing the conceptual idea – “Adoption of fair laws, the establishment in the society of the spirit of respect for law is a guarantee of building a democratic state of law”;
Second, introduction of qualitatively new mechanisms in the activities of justice bodies, based primarily on critical analysis and solving legal problems, primarily through the effective organization of work directly at the local level;
    Third, methodical guidance and coordination of the activities of district (city) divisions of state bodies and organizations in the sphere of organizing the implementation of laws and other normative and legal acts, implementing measures to ensure consistent and uniform law enforcement practice on the basis of a critical analysis;
    Fourth, introduction of modern and effective methods of legal propaganda and raising the sense of justice in citizens, bringing to them the essence and significance of the laws and other normative legal acts adopted, implementation of measures to eradicate the legal illiteracy of the population;
    Fifth, increasing the role of justice bodies in conducting a comprehensive and critical analysis of the effectiveness of the public administration system, the quality of administrative procedures and public services, developing proposals for the further improvement of legislation and law enforcement practice in these areas;
    Sixth, introduction of reporting procedures for officials of the justice through the systematic presentation of information about their activities to the public, preventing the facts of their superficial attitude to the problems affecting the population, and defining clear criteria for evaluating their work;
   Seventh, organization of a qualitatively new system of training, retraining and upgrading of skills of legal staff, especially in demanding narrow and specialized specialties, introduction of innovative forms and methods of training specialists in the field of jurisprudence, channeling legal personnel to leading foreign educational institutions on a systematic basis;
    Eighth, creation of an effective system of legal protection of the interests of the Republic of Uzbekistan in international and foreign organizations, mechanisms of public information of the international community and foreign investors about the ongoing legal reforms in the country;
    Ninth, further improvement of material and technical support for the activities of justice bodies and institutions, introduction of new mechanisms for social and material incentives for workers, including by providing them with official housing;
   Tenth, wide introduction of modern information and communication technologies, aimed at increasing the effectiveness of all departments of justice bodies and institutions.
    2. Form Units of Justice in the districts (cities) with the introduction of the vertical of the administration according to the three-step principle “republic – region – district (city)” at the expense of the regular units of legal services of professional colleges of the system of the Ministry of Higher and Secondary Special Education of the Republic of Uzbekistan financed from the State Budget of the Republic of Uzbekistan.
To establish that the functions of the abolished legal services of law colleges are carried out by relevant Units of Justice of districts (cities).
    3. Define followings as the main tasks of the justice Units of districts (cities):
    advising khokims and district (city) divisions of state bodies and organizations on the application of laws and other normative legal acts;
    methodical guidance and coordination of the activities of district (city) subdivisions of state bodies and organizations in the sphere of organizing the implementation of laws and other normative legal acts;
    bringing the essence and significance of the adopted laws and other normative legal acts to the executors in the district subdivisions, carrying out measures for legal propaganda and eradicating the legal illiteracy of the population on the principle of “republic – region – district – makhalla”, including in cooperation with law enforcement and judicial bodies ;
    carrying out legal expertise of decisions of khokims and Kengashes of people’s deputies of districts (cities) to determine their compliance with the legislation, goals and objectives of reforms in the country;
    study and analysis of law enforcement practices, develop proposals to ensure its consistency and uniformity;
    implementation of measures for the protection of human rights, consideration within the limits of their competence of appeals from individuals and legal entities;
    Monitoring the state of legal work in the district (city) divisions of state bodies and organizations, as well as coordination, control and methodological support of the activities of their legal services.
    4. Abolish the Department for the Control of Contractual and Legal Work of the Ministry of Justice of the Republic of Uzbekistan and its territorial departments.
   5. To transfer from July 1, 2018 to the khokimiyats the districts (cities) civil registration bodies (hereinafter referred to as the Registry Office) with the assignment of functions for coordinating law enforcement practice, methodical support of the register’s offices, maintaining the Unified Electronic Archive of Registry Office information system and management of territorial archives of the Civil Registry Office to the Agency for public services under the Ministry of Justice of the Republic of Uzbekistan.
    6. Establish a procedure according to which, starting from 2018:
the Minister of Justice annually provides information on the law-making and law enforcement practice of state bodies and organizations to the Senate of the Oliy Majlis of the Republic of Uzbekistan;
    Minister of Justice of the Republic of Karakalpakstan, heads of territorial departments of justice at the end of each half-year provide information on law-making and law enforcement practice in the field, respectively, Jokargy Kenes of the Republic of Karakalpakstan, the Kengashes of the people’s deputies of the regions and the city of Tashkent;
    heads of Units of justice of districts (cities) quarterly provide information on law-making and law enforcement practice of state bodies and organizations of the district (city) level, respectively, to the Kengash of People’s Deputies of districts (cities).
    7. Determine the Ministry of Justice of the Republic of Uzbekistan as an authorized body of state administration in the field of protection of interests of the Republic of Uzbekistan in international arbitration and court proceedings.
    Grant the right to the Ministry of Justice of the Republic of Uzbekistan:
    to send binding orders on international arbitration and judicial proceedings to state bodies and organizations, diplomatic missions of the Republic of Uzbekistan abroad in established order;
    to send employees of justice bodies and institutions, legal services of state bodies and organizations to educational institutions and other organizations of developed foreign countries for training and retraining in the field of providing legal assistance, including international arbitration and litigation issues at the expense of extra budgetary funds.
    8. Establish, on the basis of the Center for Legal Studies of the Tashkent State University of Law, the Research Institute on Legal Policy under the Ministry of Justice of the Republic of Uzbekistan with a maximum total number of management personnel of 25 units, financed from the State Budget of the Republic of Uzbekistan.

Define the main objectives of the Research Institute of Legal Policy:

    carrying out scientific and practical research and developing scientific concepts in the field of development of legislation and its branches;
    the development of innovative methods and ways to increase the legal consciousness and legal culture of the population;
    analysis of the practice of application of legislation in the judicial and legal sphere, development of proposals for its improvement;
    study of legal problems of increasing the effectiveness of public administration, identification of directions for the development of legal regulation of relations in the social and economic sphere;
    implementation of cooperation with leading foreign research institutions.
    9. Ministry of Justice of the Republic of Uzbekistan:
    in a week period, to introduce a draft resolution of the President of the Republic of Uzbekistan providing for organizational measures on further improvement of the activities of the Ministry of Justice of the Republic of Uzbekistan;
    in one-month period, to introduce a draft resolution of the Cabinet of Ministers on the organization of the Research Institute of Legal Policy under the Ministry of Justice of the Republic of Uzbekistan;
    in a two-month period, to introduce a draft resolution of the Cabinet of Ministers on the organization of activities of civil registration bodies of the khokimiyats of districts (cities);
    in a two-month period, to submit to the Cabinet of Ministers proposals for changes and amendments to the legislation arising from this Resolution.
   10. The control over the implementation of this Resolution 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. UP-5415

LEAVE A REPLY