The essence of new approaches in the lawmaking activity of the Republic of Uzbekistan

Аннотация

This article provides a brief overview of the concept of “smart regulation” used in the lawmaking of many developed countries to improve the quality of legislation. The essence of the Concept of improving lawmaking activity adopted in the Republic of Uzbekistan to improve the efficiency of legislation is revealed. Legal acts adopted in any country certainly create a legal framework for various spheres of public life. However, domestic and international law enforcement practice shows that normative fixing of certain requirements is not enough. The most crucial point is for legislation to be effective. It is in order to make legal acts effective in the 1980-1990s. in Western countries, the concept of “evidence-based lawmaking” was launched. This idea was to overcome the traditional “theoretical and legal approach” to legislative activity, in which “the differences between legal norms, legislation, on the one hand, and social reality, on the other, are ignored, and there is no reaction to impulses from social problems” [1, с.132]. The concept of “evidence-based lawmaking” is in turn based on “evidence-based evaluation”. Researchers believe that the idea of the need to assess state regulation developed in connection with what happened in the economically developed countries of the West in the 1980-1990s. public 83 Scientific research results in pandemic conditions (COVID-19) administration reforms that were based on the concept of “New Public Management” [2, с. 128]. The regulatory impact assessment migrated from the idea of “reducing regulation” to the idea of “improving regulation” [3, p.137]. The idea of "better regulation" in turn gave rise to the concept of "smart regulation". The Republic of Uzbekistan also expressed a desire to improve its lawmaking process by applying the concept of “smart regulation” in it. So, by the Decree of the President of the Republic of Uzbekistan of 08.08.2018. No. UP – 5505 The concept of improving lawmaking activity was approved [4]. In particular, it provides for the following tasks: 1. Systematization and codification of legal acts, review of inactive legislative acts. 2. Limitation of the lawmaking powers of government agencies by clearly defining the list of jurisdictions of each of them. 3. Improving the procedure for initiating, developing and adopting legal acts, as well as monitoring their implementation. 4. Implementation of “smart regulation” mechanisms: - the principle of the sufficiency of grounds for making regulatory decisions, according to which regulatory intervention of the state is allowed only if other measures (administrative procedures, managerial decisions, judicial review) cannot solve the corresponding problem; - regulatory impact assessment of projects (including analysis of the problem, ways to solve it, impact on competition, forecasting and assessing the possible consequences of introducing new tools and regulation, including the analysis of benefits and costs for citizens, businesses, the state budget) and existing legal acts; - conducting anti-corruption expertise of legal acts and their projects as an integral element of the regulatory impact assessment of legal acts; - limitation of the duration of complicating procedures; - adoption of direct laws; - assessment system of lawmaking of departments, depending on the quality of projects of laws and regulations being developed, as well as the benefits and costs incurred by citizens and business entities as a result of inefficient regulation; - increasing the level of influence of public discussions on the lawmaking process. 5. Details of appeal procedures and requirements for the repeal of a legal act by citizens, business entities, and government agencies. 6. Development of an electronic lawmaking system. 7. Definition of a single coordinating organization for the interaction of government agencies, the scientific community and non-state structures, as well as the development of a methodology for regulatory impact assessment 84 Scientific research results in pandemic conditions (COVID-19) of legal acts on business and rights, freedoms and legitimate interests of citizens. 8. Ensuring transparency and accountability of the process of parliamentary discussions on draft laws. 9. Improving the interagency information exchange of the results of statistical accounting and analysis of judicial, law enforcement and supervisory practice. 10. Improving the system of advanced training for employees of government agencies that carry out legal, economic, financial, environmental, anti-corruption and other types of examination of draft legal acts. To date, specific measures are being taken to implement this Concept. For example, in order to systematize the legislation and reduce legal regulation from July 1, 2020 to January 1, 2021, the adoption of departmental legal acts was suspended. Development, approval, adoption, conduct of legal expertise and state registration of draft departmental legal acts are carrie