Pub­lic Scru­tiny as an Ef­fec­tive Form of Con­trol

Uzbekistan Today (English) - - TODAY IN UZBEKISTAN - Igor Saneyev

Roundtable par­tic­i­pants in Tashkent have dis­cussed pub­lic ex­am­i­na­tion of laws and other nor­ma­tive le­gal acts. The event was or­ga­nized by the Na­tional Cen­ter for Hu­man Rights with the sup­port of the OSCE Project Co­or­di­na­tor in Uzbek­istan.

Par­lia­men­tar­i­ans, rep­re­sen­ta­tives of min­istries and other gov­ern­ment agen­cies, as well as Euro­pean ex­perts, who took part in the event in­formed in their speeches that ac­tive work is un­der­way in Uzbek­istan on the le­gal reg­u­la­tion of pub­lic re­la­tions, new laws and other nor­ma­tive acts fill­ing the gaps in leg­is­la­tion are be­ing adopted, ob­so­lete norms and reg­u­la­tions im­ped­ing the coun­try’s re­form path are be­ing abol­ished.

The smooth flow of dis­cus­sions at the roundtable was some­what in­ter­rupted by the speech of the chair­man of the As­so­ci­a­tion of Dis­abled Per­sons of Uzbek­istan Oy­bek Isakov who ex­pressed his opinion on the res­o­lu­tion of the Pres­i­dent on or­ga­ni­za­tional mea­sures to stim­u­late the em­ploy­ment of so­cially vul­ner­a­ble seg­ments of the pop­u­la­tion, signed 12 June 2018.

“The draft of this doc­u­ment, which was sub­mit­ted for pub­lic dis­cus­sion, con­tained ben­e­fits in the form of ex­emp­tion from in­come tax for in­di­vid­u­als with dis­abil­i­ties of the first and sec­ond groups, which was the pro­posal of the Uzbek So­ci­ety of Dis­abled Peo­ple,” Oy­bek Isakov noted. “How­ever, for un­known rea­sons, this item was re­moved and no one ex­plained to us why. The res­o­lu­tion does not have spe­cific mech­a­nisms for cre­at­ing jobs for the em­ploy­ment of peo­ple with dis­abil­i­ties and for sup­port­ing en­ter­prises of dis­abled peo­ple’s or­ga­ni­za­tions. In ad­di­tion, our as­so­ci­a­tion was not in­vited to dis­cuss the draft res­o­lu­tion, and in fact it unites 25 or­ga­ni­za­tions of dis­abled peo­ple.”

In the opinion of the speaker, the rul­ing is “declar­a­tive in places”. For ex­am­ple, in para­graph 2 it reads that “com­mer­cial banks are rec­om­mended to al­lo­cate loans to cer­tain cat­e­gories of busi­ness en­ti­ties”. But the word “rec­om­mended” is not manda­tory, which leads to the non-ful­fill­ment of this item.

The As­so­ci­a­tion of Dis­abled Per­sons pro­posed to in­clude in the doc­u­ment a pro­vi­sion se­cur­ing the es­tab­lish­ment of a manda­tory quota for or­ders in gov­ern­ment pur­chases for goods and ser­vices pro­duced by en­ter­prises of pub­lic or­ga­ni­za­tions of dis­abled peo­ple. This mea­sure would help sup­port these en­ter­prises and cre­ate new jobs for per­sons with dis­abil­i­ties. This pro­posal is based on the re­quire­ments of para­graph 14 of the pro­gram “Com­pre­hen­sive mea­sures to fur­ther im­prove the sys­tem of sup­port for per­sons with dis­abil­i­ties and strengthen the pro­tec­tion of their rights and free­doms”, signed by the Pres­i­dent of Uzbek­istan on 1 De­cem­ber 2017. Un­for­tu­nately, the drafters of the res­o­lu­tion did not take it into ac­count.

The meet­ing also served for the pre­sen­ta­tion of the aca­demic and method­olog­i­cal man­ual “Im­ple­men­ta­tion of in­ter­na­tional obli­ga­tions of the Repub­lic of Uzbek­istan in the field of hu­man rights, free­doms and in­ter­ests: le­gal as­pects”, is­sued by the Na­tional Cen­ter for Hu­man Rights.

This guide­book is very in­ter­est­ing and pretty... crit­i­cal. In par­tic­u­lar, speak­ing about the fact that many in­ter­na­tional stan­dards in the field of hu­man rights are em­bod­ied in the Con­sti­tu­tion of Uzbek­istan and over 700 laws of our coun­try, the au­thors nev­er­the­less ar­gue that they do not fully op­er­ate, nei­ther ap­plied nor re­spected by state bod­ies due to their in­suf­fi­cient im­ple­men­ta­tion in na­tional leg­is­la­tion.

For ex­am­ple, the Con­sti­tu­tion of the Repub­lic “does not con­tain clear pro­vi­sions defin­ing the sta­tus of uni­ver­sally rec­og­nized prin­ci­ples and norms of in­ter­na­tional law and in­ter­na­tional treaties of Uzbek­istan in the le­gal sys­tem of our state. The pro­vi­sions on the recog­ni­tion of the pri­or­ity of uni­ver­sally rec­og­nized norms of in­ter­na­tional law are fixed in the pre­am­ble of the Ba­sic Law can­not suf­fi­ciently serve as the ba­sis for their ac­tual ap­pli­ca­tion in prac­tice.”

At­ten­tion is also drawn to the lack of con­sti­tu­tional con­sol­i­da­tion of the right of cit­i­zens of our coun­try to ap­peal to in­ter­na­tional bod­ies, al­though the coun­try is party to the rel­e­vant in­ter­na­tional covenants.

An­other se­ri­ous ob­ser­va­tion is that in­ter­na­tional doc­u­ments, which Uzbek­istan joined, are prac­ti­cally in­ac­ces­si­ble to a huge cir­cle of cit­i­zens and of­fi­cials, which dic­tates the need for their wider pub­li­ca­tion.

Par­tic­i­pants of the event ap­proved rec­om­men­da­tions on im­prov­ing the or­ga­ni­za­tional and le­gal frame­work for car­ry­ing out pub­lic ex­am­i­na­tion.

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