Lawmaking

Participation in law-making

Social expertise: objectives, tasks and legal basis for implementation

Definition “expertise” in Latin means “experienced”, “proved”. In a wider meaning, the expertise can be explained as study by an expert of issues or problems solution of which requires special knowledge in the researched area. Conduct of any expertise should be completed with sound, motivated summary containing recommendation on elimination of detected problems.

The objective of a social expertise is the contribution to promotion, implementation and protection of human rights and legal interests while developing, adopting and executing the resolutions by public authorities and administration; the defining of compliance of their activities or of some social institutions to citizens’ priorities, objectives and tasks of social policy; and also forming proposals to reach such compliance including legislative norms.

Social expertise is an important instrument of influence of society on public bodies in development of democratic, legal and social state. In other words, main destination of the social expertise is reflection of the social demand and exclusion from law-enforcement area of legal norms that do not meet requirements of the forming social relations. The social expertise should supplement the existing institutions of expertise or fill in its shortcomings.

  • To perform the social expertise it is necessary to resolve the following tasks:
  • To analyze the essence of social expertise and define its role in the system of social control;
  • To research the social expertise of draft laws as assessment of probability of risks in social space;
  • To consider the institutionalization process of the social expertise;
  • To detect influence of the social expertise on quality of draft laws;
  • To develop the conceptual model of the social expertise on draft laws;
  • To substantiate the mechanism of the social expertise in a process of taking socially valuable government decisions.

For successful formation and continuation of the social expertise for legal acts and other types of government decisions with participation of publicity, it is necessary to fix legally this type of activity.

In the system of organizational and legal forms of citizens’ participation in the public administration the growing place takes the social expertise of decisions by executive power. Thus, the social associations on environment are entitled to recommend their representatives to participate in the state environmental expertise, to conduct the social environmental expertise (that becomes legally mandatory after approval of its results by the state expertise bodies), to request an appointment of the state environmental expertise and others.

Currently, the Oliy Majlis (Parliament) of Uzbekistan in its activities expands a practice of conducting the independent expertise of draft laws with involvement of self-regulated organizations.

Social control over activities of public authorities and officials is implemented in Uzbekistan with attraction of NGOs for social discussions, social expertise of draft laws as well as through the measures directed at study of status of implementation of the current legislation. Recently, NGOs took part in a process of wide discussion of nearly 30 drafts of legal acts such as the laws “On Social Partnership”, “On Social Control”, “On Environmental Control”, “On Basis of State Family Support”, “On Guardianship”, “On Openness of Activities of Public Authority and Administration Bodies” and others.

The legislation of Uzbekistan regulating a legal status of public authorities set the provisions that stimulate an interaction with NGOs in different spheres of social life.

In particular, the Law “On order of developing laws and introduction to the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan” of October 11, 2006 defines the following forms of social structures and citizens participation in the law-making:

  1. contribution to preparation of draft laws within the working groups established for its development;
  2. preparation of draft law based on order of the legal subject of a legislative initiative or alternative draft laws on contract or tender basis;
  3. submission of recall of non-governmental organization on draft law.

 

In the Law “On Legal acts” (new edition) of December 14, 2000 in line with the similar provisions, there are norms of responsibility for the developers of draft law:

  1. to summarize and use proposals, consultations and recommendations to detect the public opinion;
  2. to conduct social and professional discussion of draft laws, participants of which should be introduced in advance to their content.

In the draft law “On Social Control” the social expertise of legal acts fixed as a form of social control over activities of public authority and administration bodies in the field of law-making.

However, in the above laws quite poorly developed the expert procedures and mechanisms of social influence on decisions taken by government bodies in social or other areas that directly deal with population interests, and that is why there is need to provide the legal fixture and methodological provision in application procedure of more effective and modern method and that is the method of social expertise.  

The social expertise can be considered as a form of realization of the citizens’ constitutional rights to participate in public administration through organization of social discussion and through development of proposals on improvement of administrative decisions taken at different levels of public power and administration. 

The social expertise:

  1. provides evaluation of effect of approval or implementation of law, program and others;
  2. is conducted by the specialists of social associations of citizens who have large practical experience in the relative area;
  3. is aimed at minimization of negative consequences  of faults that may arise at adoption of legal acts;
  4. promotes interaction of civil society institutions with public authorities;
  5. reveals social interests since social organizations are aware of a whole variety of regional and local problems;
  6. promotes development of civil society via rise of its expert potential, professional growth and institutional development;
  7. has high trust of society;
  8. is aimed at attraction of intellectual resources of society itself.

Conduct of expertise is pretty complex, responsible and labour-intensive activity that assumes observance of certain rules, procedures and conditions. However, up to now the theoretical basis of expertise in the science developed insufficiently.  

Necessity of development and dissemination of effective form of the social control of the law-making requires development and adoption of the Law “On Social Expertise” which provides definition, tasks, principles and procedures of the social expertise.