”Public expertise of laws and other normative-legal acts as an effective form of public control over the activities of state bodies”

Participants of roundtable meeting were presented by members of Parliament, representatives of state bodies, NHRI’s, scientific and educational institutions and NGOs. At the event, European experts I.Sadjaya, S. Ostafi, T. Kubilius presented the reports.

The fact of active improvement of legal regulation of public relations which appears between the government and civil society institutions, adaption of  new laws and other legal acts, which aimed to fill existing gaps in legislation, annulment of obsolete norms and rules which impeding to development of civil society reform were discussed during the meeting. A significant contribution to strengthening the organizational and legal framework for the participation of civil society institutions in public administration was made by enactment of law “On public control” from 12th April 2018 and Decree of the President of the Republic of Uzbekistan ‘On Measures to Radically Increase the Role of Civil Society Institutions in the Process of Democratic Renewal of the Country’ which was the reason of creation of the Advisory Council for the Development of Civil Society under the President of the Republic of Uzbekistan.

During the round table meeting, the fact that public control over the activities of state bodies and officials is carried out in Uzbekistan by involving NGOs in public discussions, public examination of draft laws and by implementing measures aimed at learning the state of implementation of the current legislation was mentioned. NGOs were involved in the process of discussion about 30 legislative acts, such laws as “On Social Partnership”, “On Social Control”, “On Ecological Control”, and “On the Fundamentals of State Support for the Family”, “On Guardianship”, “On the Openness of Activities of Public Authorities and Governance”. According to the practice, representatives of NGOs and independent experts not always have clear idea about the rules for public expertise of draft law.

The term “expertise” from Latin means “experienced”, “tried and tested”. In detailed context the word “expertise” can be explained as learning of any issues, which solutions require special knowledge on the field, by an expert. Expertise should result in justified motivated conclusions containing recommendations for the elimination of identified problems. 

The President of the Republic of Uzbekistan Sh. M. Mirziyoyev replied that it is necessary to ensure careful drafting of laws directly regulating public relations, as well as drastically reduce the number of departmental acts. He underlined that 157 decisions of governmental bodies during the last 3 years were based on laws, which lost the validity. 

The purpose of public expertise is assisting in the provision, implementation and protection of the rights and legitimate interests of citizens in the development, adoption and implementation of decisions of public authorities and governance, establishing the conformity of their activities or certain social institutions with citizens' priorities, goals and objectives of social policy, on achievement of such conformity, including also legislative norms. 

During the roundtable meeting the scientific and methodological manual dedicated to “Organization of Performance of International Obligation of the Republic of Uzbekistan in the sphere of Human Rights, Freedoms and Interests: Legal Aspects” was presented. Moreover, legal nature of public expertise on the base of national and international experience, its objects, subjects, purposes, tasks, methods, rules, procedures implemented by the representatives of non-governmental structures were considered. Additionally, issues related to creation of favorable conditions for qualitative public expertise of legislation, innovative measures for effective cooperation of government and NGOs in legal area was determined. Special attention was directed to the issues of gender, anti-corruption, juvenile public expertise of legislation.  The participants of the event were provided by specific recommendations on improving the organizational, legal and methodological foundations for public expertise.

The National Human 
Rights Centre of the Republic
of Uzbekistan