Parliamentary oversight in the Republic of Uzbekistan

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Presentation transcript:

Parliamentary oversight in the Republic of Uzbekistan Farruh Mukhamedov, Director of the Institute for Monitoring of Current Legislation under the President of the Republic of Uzbekistan

Legislative basis of parliamentary oversight The Constitution of the Republic of Uzbekistan (1992); Law “On Legislative Chamber of the Republic of Uzbekistan”(2002); Law “On Senate of the Republic of Uzbekistan’’ (2002); Law “On Regulation of the Legislative Chamber of the Republic of Uzbekistan” (2003); Law “On Regulation of the Senate of the Republic of Uzbekistan” (2003); Law “On status of the deputy of Legislative Chamber and members of Senate of the Republic of Uzbekistan” (2004); Law “On Cabinet of Ministers of the Republic of Uzbekistan (2003);

The procedure of parliamentary inquiry (2008); The procedure of consideration of the annual report of Attorney General by the Senate of the Republic of Uzbekistan(2010); Regulation on procedures for monitoring the execution of the laws of the Republic of Uzbekistan, decrees of Senate by the government authorities and administration (2010); Regulation on procedures for monitoring implementation of laws of the Republic of Uzbekistan and decrees of the Legislative Chamber (2012); The procedure of hearing information by members of the government on issues of their activities as well as reports of the heads of governmental authorities and management and etc (2012)

Parliament of the republic of Uzbekistan Legislative chamber Senate

Article 78 of the Constitution of the Republic of Uzbekistan The joint management of the Legislative Chamber and the Senate of the Republic of Uzbekistan shall include:  8)Control over the execution of the budget of the Republic of Uzbekistan; 15) hearing and discussing reports of the Prime Minister on contemporary issues of social and economic development of the country; 17) review of reports of the Accounting Chamber of the Republic of Uzbekistan;  21)  implementation of parliamentary oversight.

Article 98 of the Constitution of the Republic of Uzbekistan In case of arosal of contradictions between the Prime Minister of the Republic of Uzbekistan and the Legislative Chamber of Oliy Majlis upon proposal officially included to the President of Republic of Uzbekistan by the deputies of the Legislative Chamber with a minimum number of one third of their total amount, the issue of the 'no' voting in absence of the confidence to the Prime Minister shall be put for discussion on joint session of the Chambers of the Parliament of Republic of Uzbekistan.

Exceptional supervisory powers of the Senate Hearing of reports Attorney General of the Republic of Uzbekistan Chairman of the State Committee for Nature Protection Chairman of the board of the Central Bank

Law “On Legislative Chamber of Oliy Majlis of the Republic of Uzbekistan (2002) Article 12. Parliamentary enquiry Legislative chamber, deputy of the legislative chamber has the right to submit parliamentary enquiry to officials of the governmental authorities and administration, demanding to give reasonable justification or to state their position in matters within their competence Reply to parliamentary enquiry officials of the governmental authorities and administration give during the sessions of the Legislative Chamber within the terms established by the Regulations of the Legislative Chamber.

Article 18. The powers of the Committees of the Legislative Chamber Hear reports of the heads of governmental bodies and administration on the implementation of the laws of the Republic of Uzbekistan, other legislative acts, decisions of the committees.

Article 25. Powers of the fraction and deputy groups Raises the question of the establishment of conciliation and other commissions; Address to officials of the governmental bodies and administration during the meetings of the Legislative Chamber demanding to give justified explanation or to state their position in matters within their competence Raise the question of hearing members of government on their activities at the meetings of the Legislative Chamber;

Law “On Regulation of the Legislative Chamber of Oliy Majlis of the Republic of Uzbekistan (2003) Article 33. Exercising other supervisory powers by the Legislative Chamber Legislative Chamber each year, not later than 15 February of the year hears the report of the Commissioner of Oliy Majlis for Human Rights Legislative Chamber each year, not later than 15 May of the year hear the report of the Accounts Chamber of the Republic of Uzbekistan. The hearing of information of the members of government at the session of the Legislative Chamber is initiated by fractions and deputy groups.

Article 7. Rights of deputies and senators Law “On the status of the deputy of the Legislative chamber and member of Senate of Oliy Majlis of the Republic of Uzbekistan’’ dated December 2, 2004. Article 7. Rights of deputies and senators Address the parliamentary enquiries Make proposals on the hearings during the sessions of the Chamber with a report or information to any authority or official, accountable to and controlled by the Chamber; To offer consideration of questions related to the conduction of inspections on performance of the laws of the Republic of Uzbekistan, as well as implementation of resolutions of the Chamber and etc. .

Law “On the Cabinet of Ministers of the Republic of Uzbekistan’’ Article 8 on interrelation of Legislative Chamber with Senate Cabinet of Ministers present annual reports on important issues of socio- economic life of the country. Chambers of the Parliament may inquire information separately from a member of the Cabinet on the issues related to his administration of system of bodies of state or economic management, and if necessary draft a resolution of his resignation to the President.

Code of the Republic of Uzbekistan “On Administrative Liability”. Article 193. Violation of the guarantees of deputy’s activity Failure public officials and self-government, enterprises, institutions and organizations irrespective of their ownership, to comply with their responsibilities to deputies, obstructing their work, providing them with false information, violation of the guarantees of parliamentary activity – is punishable by imposition of a fine on officials from three to seven minimum monthly wages.

Main policies of the draft law of the Republic of Uzbekistan on  ‘’Parliamentary oversight‘’

Parliamentary oversight - is the activity of subjects of parliamentary oversight, aimed at ensuring that public authorities and administration bodies of state authority in the field, other government organizations and their officials, enforce legislative acts to protect the rights, freedoms and lawful interests of individuals and legal entities, interests of the state and society.

Objects of the Parliamentary oversights The activities of State authorities and their officials to provide Implementation of the Legislative Acts Protection of the rights, freedoms and legitimate interests of legal entities and individuals, interests of the State and society

Subjects of the Parliamentary oversight Chambers of the Parliament Deputies and members of the Senate committees (Commission) of fractions deputies groups Ombudsman

Forms of Parliamentary oversight Parliamentary hearings Parliamentary enquiry Resolution of distrust to the Prime Minister Enquiries of deputies and members of the Senate performance of the Investigation on laws, and State programs

Types of Parliamentary Hearings Reviewing annual reports of the Cabinet of Ministers on key issues of social and economic life of the country; Hearings and discussions of the reports of the Prime Minister on the contemporary issues of socio-economic development of the country; Hearing government officials on their matters of their activities; Consideration of issues on the implementation strategy of the State Budget; Hearing on the report of the Accounting Chamber; Hearings by the Senate on the reports of the Prosecutor General, the Chairman of the State Committee for protection of nature and the Chairman of the Central Bank; Hearing by the Committees of the Parliament information of public officials on their compliance with legislation, implementation of the decisions of committees.

Measures taken from the results of the parliamentary oversight According to the results of the parliamentary oversight the following measures could be taken: Proposal by the public authorities and their officials to take measures to eliminate detected violations of the law; Proposal to develop an appropriate draft law; Proposal to the state authorities on making changes and amendments to the relevant laws and regulations or their termination; Proposal of resignation of the relevant official from his post The state authorities and their officials are obliged to consider the proposal of the Chambers of the Parliament, and within the specified period to notice corresponding Chamber of Parliament on the results of the overview and measures taken.

www.monitoring.uz, e-mail: info@monitoring.uz Thank you! Institute for Monitoring of Current Legislation under the President of the Republic of Uzbekistan www.monitoring.uz, e-mail: info@monitoring.uz