Inomjon Kudratov,
member of the Legislative Chamber Oliy Majlis of the Republic of Uzbekistan
Today, the Uzbek legislature is taking active part in large-scale reforms aimed at building a welfare state, the rapid development of the national economy, ensuring the well-being of citizens, and the prosperity of multiethnic country.
In particular, over the past period, the Legislative Chamber (the lower house of the parliament), along with fulfilling its principal task, namely, the legislative activity, exercises effective parliamentary oversight over the activities of the executive branch.
Thus, a practice established since 2019 envisages hearing a quarterly report by the government to the legislature on the course of the implementation of state programs.
The new form of parliamentary oversight has become an important step towards increasing the executive branch’s responsibility to the people’s representatives, strengthening control over the timely and high-quality execution of tasks defined in state programs, as well as ensuring the active participation of lawmakers in spearheading the reforms.
Initiatives by the country’s President Shavkat Mirziyoyev to boost the parliament’s role in the system of checks and balances have been applauded both inside the nation and outside. In particular, an important type of parliamentary oversight of government work, the Government Hour, was introduced into the practice of the Legislative Chamber.
Along with this, proposal to grant the legislators the right to approve candidates for members of the government helped further enhance the control powers of the parliament. In addition, this practice serves to ensure government effectiveness in inquiring into and addressing the challenges faced by the population.
The inclusion of economic management bodies of the executive branch in the list of objects of parliamentary control has increased the efficiency of using the institution of parliamentary requests and inquiries to government officials.
The lawmakers are also afforded the authority to monitor the implementation of national action plans to address the UN Sustainable Development Goals, and further improve the country’s performance in international rankings and indices.
Democratic processes introduced for the adoption and consideration of bills
At the new stage of development of Uzbekistan, we are faced with very pressing and complex tasks. To solve them successfully, it is necessary, first of all, to organize work in the legislative sphere in a completely new way.
Today, the adoption of laws perfect in all respects, serving to improve the well-being of our people, ensuring human rights and freedoms, is one of the priorities of the Legislative Chamber. That is, lawmaking activity is based on the priority principle “the only source and author of the law should be the people”. This turned the Legislative Chamber into a place of open discussion and debate on every bill, a forum for the consideration of various public interests, a real “school of democracy”.
In turn, the following factors served to radically change the lawmaking business of the parliament:
first, systematization of the legal framework, ensuring the stability of the legal regulation of social relations;
second, elevation of the quality of the processes for developing and adopting regulatory documents, as well as improving control over their implementation;
third, introduction of modern information and communication technologies into the lawmaking process;
fourth, use of elements of the “smart regulation” model in lawmaking;
fifth, perfection of the institutional foundations of lawmaking activities.
Thereby the lawmaking activity of the Legislative Chamber is organized in a completely new direction, and democratic processes for the adoption and consideration of bills have been introduced.
In particular, it was determined that parliamentary groups (caucuses) of political parties in the lower house must convey opinions and proposals to members of parliament and discuss them comprehensively.
Based on the principles of political pluralism, multi-party system, free and open discussion of issues and collective decision-making, the principle of introducing each bill or issue into the agenda of a session of the Legislative Chamber only after preliminary consideration at meetings of parliamentary groups of political parties is firmly established in practice. This requirement is reflected in the law “On the Regulations of the Legislative Chamber”.
In addition, the responsibility of holders of the right of legislative initiative in the lawmaking process has been increased. Now, when a bill is considered in the first reading, as a rule, the holder of the right of legislative initiative or their representative deliver a report. This requirement was enshrined in Article 15 of the Law of the Republic of Uzbekistan “On the Regulations of the Legislative Chamber”.
Significant in improving the quality of legal aspects was ensuring broad public participation in the process of passing laws, listening to the opinions of citizens, and holding open discussions among the population. Based on this, the Legislative Chamber also approved the procedure for public discussion of draft laws.
That is, the text of a bill adopted in the first reading is, as a rule, posted on the official website of the Legislative Chamber, and, if necessary, by its decision, published in the media.
In this regard, a requirement has been introduced that draft laws that are of critical public, socio-economic importance, in accordance with the resolution of the lower house on its adoption in the first reading, can be submitted – in the process of preparing the bill for the second reading – for wide discussion, including on the grassroots level with the participation of citizens.
In a word, one of the main tasks should be the adoption of well-elaborated laws that include popular norms for regulating all spheres in the public life of the nation.
The constitutional reform serves as backbone for new norms in the parliamentary life
The new edition of Uzbekistan’s Constitution introduces 4 categories of changes to the activities of the national parliament.
First, some legal gaps have been eliminated. Thus, it is determined that a member of the Legislative Chamber cannot simultaneously be a member of another representative body. Since a member of the lower house of the parliament carries out his/her activities on a professional, that is, on a permanent basis.
Second, some existing norms related to parliamentary activities in sector-based laws were elevated to the constitutional level.
In particular, the Basic Law reflects many provisions relating to parliamentary oversight. For example, from now on, both chambers of the Oliy Majlis are authorized to hear the National Report on Combating Corruption in the Republic of Uzbekistan.
The institution of parliamentary oversight is also included in the Constitution. Yet the requirements for this form of oversight have changed. If previously it could be carried out by each house separately, now it is part of the joint powers of the chambers.
A number of parliamentary hearings, as well as the issue of sending a parliamentary inquiry, were included in the Basic Law as a constitutional institution.
There is more to this subject matter. In order to increase the efficiency of parliamentary oversight, the new edition of the Constitution stipulates that the Legislative Chamber, based on the results of hearing the report of a member of the Cabinet of Ministers, has the right to submit a proposal for his/her resignation to the President of the Republic of Uzbekistan for consideration.
Third, many new norms on parliamentary activities have been introduced into the Constitution. In particular, the Basic Law clearly defines the joint powers of the Legislative Chamber and the Senate, their exclusive powers and areas of responsibility of each chamber. In particular, if in the previous version of the Constitution the Legislative Chamber had 5 exclusive powers, now they have increased to 12. They include:
– monitoring the execution of the state budget and reviewing the report of the Accounts Chamber;
– considering and approving, upon the proposal of the President of the Republic of Uzbekistan, the candidacy of the Prime Minister;
– hearing reports from the Prime Minister, members of the government, etc. and
– hearing reports from members of the government as well as the annual report of the Cabinet of Ministers of the Republic of Uzbekistan.
Likewise, the number of absolute powers of the Senate rose from 14 to 18. Thus, the Basic Law enshrines the Senate’s assistance to local representative bodies of government in the implementation of their activities.
In addition, to the question “Who will exercise the powers of the Oliy Majlis to adopt laws upon the dissolution of the Legislative Chamber,” a clear answer is given in favor of the Senate.
In addition, the joint powers of the houses of the Oliy Majlis have been consolidated, including in issues related to the determination of the maximum amount of the country’s public debt.
The functions of the legislature in appointing the heads of supervisory and law enforcement agencies have also been strengthened, and some of the President’s powers in this direction have been transferred to the legislators.
Thus, the new edition of the Constitution provides for the introduction of a practice, in accordance with which candidates for the positions of Prosecutor General and the Chairperson of the Accounts Chamber are first considered by the Senate and then approved by the President, and also the heads of the national anti-corruption body and the antimonopoly body are elected by the Senate.
Fourth, fundamental changes also touched lawmaking activities. First of all, a specific period for consideration of laws by the Senate has been established, that is, within sixty days. If the Senate does not make a decision to approve or reject the law during this period, then the Legislative Chamber will send it to the President of the Republic of Uzbekistan for signing and promulgation.
The institution of using the right of legislative initiative has also transformed. Previously, 7 entities could initiate a bill on any topic. Under the new edition of the Basic Law, three of those bodies, namely, the Constitutional Court, the Supreme Court and the Prosecutor General’s Office, can exercise the right of legislative initiative only on issues related to their powers.
There is another revolutionary innovation! Now not only 7 subjects of the right of legislative initiative, but also citizens with the right to vote, numbering at least one hundred thousand, the Senate, the Ombudsman and the Central Election Commission are entitled, by way of legislative initiative, to submit legislative proposals to the lower house of the parliament.
In conclusion, the activities of the national legislature as an important and independent institution are critical for ensuring the stable development of the country, in delivering a state ruled by law as well as a constructive and creative environment.