Formation of the Ministry of Justice of the Republic of Uzbekistan and stages of its of development

 

The People's Commissariat of Justice of Uzbekistan was established on November 26, 1924 by the Resolution of the Revolutionary Committee on the basis of the People's Commissariat of Justice of the Turkestan Autonomous Republic. One of its most important purposes was to coordinate and systematize the activities of the justice authorities on the territory of the former states that became part of Uzbekistan, the Bukhara Emirate, the Khorezm and Kokand khanates.

 

On May 6, 1925, the Presidium of the Central Executive Committee (CEC) of the Soviets of Uzbekistan approved the Regulation on the People's Commissariat of Justice (PCJ), which defined its structure and competence. Prior to Article 1, the PCJ was entrusted with the following tasks: general management, organization and instruction of all judicial institutions, prosecutors, investigative bodies, notaries and bailiffs, approval in positions of judicial officers; monitoring the activities of land commissions and other institutions with judicial functions; monitoring the activities of the collegiums of defenders and organizing legal assistance to the population; consideration of controversial issues on the delimitation of the competence of the justice bodies, on the one hand, and the bodies of other departments, on the other; preliminary consideration of all legislative proposals submitted to the Central Executive Committee of Uzbekistan and the Council of People's Commissars; control over compliance with the rule of law; interpretation of existing laws, publication of collections of legislation and orders of the government of the republic, etc.

 

The People's Commissariat of Justice consisted of three main departments: the judiciary and supervision, the prosecutor's office, and the department for legislative proposals. The People's Commissar of Justice was at the same time considered as the State Prosecutor of the Republic, appointed and removed by the CEC on the proposal of the PCJ of Uzbek SSR. On December 22, 1926, the Regulation on the People's Commissariat of Justice of Uzbekistan was amended and supplemented, and on October 11, 1931 it was substituted by a new one, which was repeatedly changed in subsequent years due to changes in the structure and functions of the judicial and prosecutorial bodies.

 

The People's Commissariat of Justice was engaged in the implementation of a unified judicial policy on the territory of the republic, the organization and general management of the activities of all justice bodies, and the supervision of the legality of the actions of officials and individuals. The PCJ directed the activities of all investigative bodies in the field of combating crime, the study of crime and methods of fighting it. The jurisdiction of the People's Commissariat of Justice included supervision of special judicial institutions, as well as supervision of all corrective labor practices in the republic, etc.

 

The prosecutor's office was part of the Ministry of Justice of Uzbekistan until 1936. Correctional labor institutions that were under the jurisdiction of the People's Commissariats of Justice of the Union republics were transferred, according to the Resolution of the Central Executive Committee and the Council of People's Commissars of the USSR of October 27, 1934, to the governance of the NKVD of the USSR and its local bodies. On September 10, 1934, the Central Executive Committee and the Council of People's Commissars of the Uzbek SSR adopted the Resolution "On the reorganization and strengthening of the bodies of the court and the prosecutor's office", which changed the structure of the People's Commissariat of Justice, the Prosecutor's Office and the Supreme Court of Uzbekistan. PCJ then consisted of the Prosecutor's Office, the Supreme Court of the Republic and departments.

 

The outcome formation act of a centralized judicial and prosecutorial system was the Resolution of the Central Executive Committee and the Council of People's Commissars of the USSR from July 20, 1936 "On the formation of the People's Commissariat of Justice of the USSR."

 

On December 8, 1936, the Central Executive Committee and the Council of People's Commissars of the USSR approved the Regulations on the People's Commissariat of Justice of the USSR. The Supreme Court of Uzbekistan was relieved of the functions of judicial administration; it became only the highest supervisory authority of the republic. All prosecutorial and investigative bodies were removed from the jurisdiction of the People's Commissariats of Justice of the Union Republics. The Union-Republican People's Commissariat of Justice of the USSR was entrusted with the organization and management performance of judicial institutions.

 

The Regulation also determined the structure of the People's Commissariat of Justice of Uzbekistan, headed by the People's Commissar, who had two deputies. As part of the PCJ of Uzbek SSR, departments of judicial institutions, a department of judicial protection and legal assistance to public, a notary sector, a department of codification of legislation of the Uzbek SSR, legal advice, etc. were formed. Furthermore, the PCJ of the Uzbek SSR directed and controlled the  performance of judicial officers, organized and kept judicial statistics.

 

During the Second World War, there were no significant changes in the structure of justice bodies. The network of the republic's justice bodies remained stable, although in some links it underwent adjustments associated with the change in the administrative-territorial division of the republic, the peculiarities of wartime.

 

In accordance with the Decree of the Presidium of the Supreme Soviet of the Uzbek SSR from August 7, 1956 "On the abolition of the departments of the Ministry of Justice of the Uzbek SSR under the regional Councils of Workers' Deputies", the Council of Ministers of the Uzbek SSR, by the Resolution of November 6, 1956, approved a new Regulation on the Ministry of Justice of the republic. According to the new Regulation, the Ministry of Justice of the Uzbek SSR was directly subordinate to the Council of Ministers of the republic. The ministry had a collegium consisting of the minister, his deputies and several senior officials, which considered issues of practical management of the activities of judicial institutions and justice bodies, verification of execution, selection of personnel, preparation of the most substantial orders, instructions, etc.

 

On March 23, 1959, in order to "concentrate control over the activities of regional and people's courts", the Presidium of the Supreme Soviet of the Uzbek SSR abolished the Ministry of Justice of the republic. The right to audit regional and people's courts, to exercise control over all their activities, the responsibility for keeping judicial statistics passed to the Supreme Court of the Uzbek SSR. As a result of this reorganization, higher courts began to act as judicial authorities.

 

By the Resolution of the Council of Ministers of the Republic from 27 of March, 1959 a Legal Commission was formed and entrusted with the tasks on codification and systematization of legislation, development on behalf of the government and preliminary consideration of draft legislative acts and government decisions on regulatory issues submitted to the Council of Ministers.

 

However, subsequent events showed that such an approach was inaccurate, a consequence of a voluntaristic approach to the practice of state building. As a result, the quality of the preparation of legislative acts was damaged. This reorganization also negatively affected the staff of professional lawyers. In this regard, the Presidium of the Supreme Soviet of the USSR on August 31, 1970 issued the Decree "On the formation of the Union-Republican Ministry of Justice of the USSR." According to the document, on October 1, 1970, the Presidium of the Supreme Soviet of the Uzbek SSR issued the decree "On the formation of the Union-Republican Ministry of Justice of the Uzbek SSR." The regulation on it was approved by the resolution of the Council of Ministers of the Uzbek SSR from September 27, 1972.

 

The Ministry of Justice carried out  institutional management of the Supreme Court of the Karakalpak ASSR, regional, Tashkent city, district (city) people's courts, carried out work on systematization and preparation of proposals for the codification of legislation of the Uzbek SSR, carried out methodological guidance of legal work in the national economy, methodological guidance and coordination of the work of state bodies and public organizations for the promotion of legal knowledge and clarification of legislation among the population, management of the notary office, the Tashkent Scientific Research Institute of Forensic Expertise, as well as general management of the activities of the civil registration authorities and the advocacy of the Uzbek SSR.

 

In the 70s and 80s, there were no significant changes in the structure and competence of the governing bodies of justice. The Ministry of Justice of the Uzbek SSR carried out organizational support for the activities of the courts, during which the issues of the formation of the judiciary, the selection, placement and training of personnel of the justice bodies and courts, the creation of favorable conditions for the administration of justice by the courts, the reporting of judges and people's assessors to voters was organized, general inspections were carried out organization of work in district, city and regional courts, bodies and institutions of justice.

 

During these years, the Ministry of Justice and its local departments, in coordination with other law enforcement authorities, inspected judicial practice in some categories of criminal cases and took measures to minimize law drawbacks. In particular, it summarized the judicial practice in cases of embezzlement, bribery and speculation, violation of road traffic rules, judicial and prosecutorial practice in cases of releasing property from seizure (exclusion from the inventory), analyzing the work of law enforcement agencies in combating theft of state and public property and speculation, the state of work of administrative and financial authorities on compensation for material damage in cases of theft of state property, etc. was studied.

 

The Collegium of the Ministry of Justice has repeatedly discussed the work of legal services, ministries, departments, organizations and enterprises to comply with legislation on labor protection of women and minors. In the center of attention of the Ministry, justice authorities and courts of the republic were the problems of effective use of legal means in preventing violations of the rights and legitimate interests of citizens. Employees of the justice authorities and courts carried out legal propaganda among the public.

 

Increasing the efficiency of the activities of justice authorities and courts largely depended on the conditions of their work and material and technical support. These institutions brought significant income to local budgets, and local authorities did not provide funds for their maintenance, only small amounts were allocated from the republican budget. Many courts, notary offices and civil registry offices were in a state of severe disrepair or unsuitable premises. There was a shortage of paper, typewriters, office equipment, furniture, and so on, and the number of staff was almost half the norm.

 

In 1991, the people of Uzbekistan gained state independence. Its historical significance lies, first of all, in the fact that it reinforces the adherence to human rights and the principles of state independence, sets the task of formation of a democratic State of law.

 

Key dates in the history of the development of the Ministry of Justice:

 

January 8, 1992 - the Decree of the President of the Republic of Uzbekistan “On improving the activities of the Ministry of Justice of the Republic of Uzbekistan” №DP-314 was adopted, according to which the basis for the Ministry of Justice of the independent Republic of Uzbekistan was laid. As a result, the Union-Republican Ministry of Justice of the Uzbek SSR was transformed into the Ministry of Justice of the Republic of Uzbekistan.

 

November 12, 1992 - the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan “On enhancing the functioning of the Ministry of Justice of the Republic of Uzbekistan” № 523 was adopted and the Regulation on the Ministry of Justice was approved.

 

June 17, 1993 - according to the Resolution of the Government of the Republic of Uzbekistan "On approval of the Regulations on legal expertise and state registration of normative legal acts of ministries, state committees and departments of a generally binding nature" № 294 under the Department of the preparation and legal review of normative acts and legislation on Economic Reforms of the Ministry of Justice, a Department for State Registration of Departmental Normative Legal Acts was created.

 

January 24, 1994 - in accordance with the Resolution of the Government of the Republic of Uzbekistan № 27, the Department for the preparation and legal review of regulations and legislation on economic reforms was created within the Central Office of the Ministry of Justice of the Republic of Uzbekistan. In the structure of the Central Office of the Ministry of Justice of the Republic of Uzbekistan, the corresponding changes and additions were made, so on the basis of the Departments for the Coordination of Legal Policy and Legal Advocacy, the Office for the Coordination of Legal Policy and International Legal Relations was created.

 

March 22, 1994 - by the Resolution of the Government of the Republic of Uzbekistan № 153, the Regulation “On state registration of legal associations” was approved.

 

May 13, 1994 - by the Resolution of the Government of the Republic of Uzbekistan № 257 "On some issues of improving the structure of the apparatus of the Ministry of Justice of the Republic of Uzbekistan", the International Law Department was organized.

 

April 27, 1995 - by the resolution of the Government of the Republic of Uzbekistan "On improving the activities of the Ministry of Justice of the Republic of Uzbekistan and changes in the structure of its apparatus", a Department for supervision over the implementation of legislation on the observance of the rights of entrepreneurs was created within the Department for the preparation and legal examination of regulations and legislation on economic reforms. owners of private property.

 

August 23, 1995 - the magazine “Huquq va burch” (Law and duty) and the legal newspaper “Inson va Qonun” (Man and the law) were registered by the State Press Committee.

 

July 10, 1997 - by the Resolution of the Government of the Republic of Uzbekistan № 345 in the system of the Ministry of Justice, a Department for consideration of complaints and applications of citizens on violation of the law was created.

 

October 9, 1997 - by the resolution of the Government of the Republic of Uzbekistan "On measures to ensure the legality of normative acts of ministries, state committees and departments" № 469 on the basis of the Department of state registration of normative acts of ministries, state committees and departments of the Office for the preparation and legal examination of normative acts and legislation on economic reforms, the Office for State Registration of Departmental Normative Acts was created, which became a separate subdivision of the central office of the Ministry of Justice.

 

February 24, 1998 - by the Resolution of the Government of the Republic of Uzbekistan "On the organization and management of the activities of academic lyceums and professional colleges" № 77, on the basis of the Tashkent Technical Law school, the Tashkent College of Law was established and starting from August 27, 2003 it has been integrated in the structure of the Ministry of Justice of the Republic of Uzbekistan.

 

April 24, 1998 - by the Resolution of the Government of the Republic of Uzbekistan "On measures to ensure the implementation of the Decree of the President of the Republic of Uzbekistan dated March 4, 1998 № PD-1938 "On strengthening the responsibility of officials for the economic insolvency of business entities and the fulfillment of contractual obligations "in the central office of the Ministry Justice created the Office for control over the fulfillment of contractual obligations by business entities.

 

February 12, 1999 - by the adoption of the Resolution of the Government of the Republic of Uzbekistan "On measures to strengthen executive discipline" № 12, as well as in order to organize further effective and high-quality work performance at the ministry, and to strengthen executive discipline by the Protocol of the Collegium of the Ministry of Justice from January 25, 1999 №1 on the basis of the Department of Affairs of the Ministry, the Controlling and Analytical Department was formed.

 

September 22, 2001 - in accordance with the Resolution of the Government of the Republic of Uzbekistan № 383, the Department of organizational, material and technical and financial support of the courts under the Ministry of Justice was reorganized as the Department for the execution of court decisions, material, technical and financial support of the courts under the Ministry of Justice of the Republic of Uzbekistan.

 

May 2, 2003 - the Resolution of the Government of the Republic of Uzbekistan “On additional measures to strengthen the legal protection of direct foreign investments” № 205 was adopted, according to which the Ministry of Justice of the Republic of Uzbekistan is entrusted with providing legal protection for foreign investors and enterprises with foreign investments.

 

August 27, 2003 - the Resolution of the Government of the Republic of Uzbekistan “On measures to further improve the activities of the Ministry of Justice of the Republic of Uzbekistan” № 370 was adopted and a new Regulation of the Ministry of Justice was approved.

 

September 29, 2003 - according to the Resolution of the Government of the Republic of Uzbekistan from August 27, 2003 № 370 and also the order of the Minister of Justice from September 29, 2003 № 237, the Department for the preparation and legal review of normative legal acts and legislation on economic reforms was transformed into the Department of Economic Legislation, the Department of Coordination legal policy and educational institutions in the Office of Legal Advocacy and Legal Education.

 

February 24, 2004 - by the Resolution of the Government of the Republic of Uzbekistan № 112-r, an Interdepartmental Working Group was formed to study the state of human rights observance by law enforcement agencies and the Minister of Justice was appointed as the head of this group.

 

September 28, 2005 - between the Commissioner of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman) and the Ministry of Justice signed a Memorandum "On cooperation in the field of ensuring, protecting and observing human rights and freedoms", which is the basis for cooperation.

 

December 15, 2005 - by the Resolution of the President of the Republic of Uzbekistan № RP-237, the Center for Monitoring the Implementation of Normative Legal Acts was established under the Ministry of Justice, the director of which was appointed by the Deputy Minister of Justice.

 

October 27, 2008 - in order to improve the efficiency of activities to protect human rights, to coordinate the relationship of departments operating in this area, the General Prosecutor's Office, the Ministry of Internal Affairs and the Ministry of Justice signed an Agreement on Cooperation in the Field of Human Rights Protection.

 

December 31, 2009 - according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan “On measures to ensure wide access to the national legislation base of the Republic of Uzbekistan” № 340 from January 1, 2010, free use of the National Legislation Base was established for all users.

 

June 17, 2011 - in accordance with the Resolution of the President of the Republic of Uzbekistan "On measures to further enhance the role of the judicial authorities in ensuring the rule of law in the activities of state bodies" No. RP-1555, the Center for Monitoring the Implementation of Regulatory Legal Acts under the Ministry of Justice was transformed into the Main Directorate for supervision over compliance with legislation, its territorial departments are also organized. By the Decree of the President of the Republic of Uzbekistan from July 24, 2014 “On measures to further improve the system of ensuring the implementation of legislation” №-DP-4636, the Main Directorate of the Ministry of Justice for the supervision of compliance with legislation and its territorial divisions were liquidated.

 

August 23, 2011- The resolution of the President of the Republic of Uzbekistan “On measures to further improve the activities of the Ministry of Justice of the Republic of Uzbekistan” RP-1602 was adopted and a new Regulation on the Ministry of Justice of the Republic of Uzbekistan was approved.

 

May 15, 2015 - By the Decree of the President of the Republic of Uzbekistan “On measures to ensure reliable protection of private property, small business and private entrepreneurship, removal of barriers to their accelerated development” DP-4725, the Ministry of Justice of the Republic of Uzbekistan is entrusted with the functions of coordination, control and provision of methodological assistance the activities of the centers "one window" while maintaining the existing maximum number of employees of the justice authorities. The Department for the coordination and development of the provision of public services of the Ministry and its territorial departments were organized.

 

December 12, 2017 - By the Decree of the President of the Republic of Uzbekistan "On measures to radically reform the national system of providing public services to the public", under the Ministry of Justice of the Republic of Uzbekistan the Agency for Public Services was created.

 

April 13, 2018 - By the Decree of the President of the Republic of Uzbekistan "On measures to radically improve the activities of justice authorities and institutions in the implementation of state legal policy", justice departments were established in districts (cities), and the Department for control of contractual and legal work of the Ministry of Justice and its territorial departments. Moreover, starting from 2018, a procedure has been established according to which:

 

- the Minister of Justice annually reports on the state of rule-making and law enforcement practice of state bodies and organizations to the Senate of the Oliy Majlis of the Republic of Uzbekistan;

 

- the Minister of Justice of the Republic of Karakalpakstan, the heads of the territorial departments of justice, at the end of each half-year, provide information on the state of rule-making and law enforcement practice at the local level, respectively, to the Jokargy Kenes of the Republic of Karakalpakstan, Kengash (Council) of people's deputies of the regions and the city of Tashkent;

 

- Heads of justice departments of districts (cities) quarterly submit information on the state of rule-making and law enforcement practice of state bodies and organizations of the district (city) level, respectively, to the Kengash (Council) of people's deputies of districts (cities).

 

April 13, 2018 - Resolution of the President of the Republic of Uzbekistan No. RP-3666 "On organizational measures to further improve the activities of the Ministry of Justice of the Republic of Uzbekistan" was adopted. This resolution approved the next:

 

- Regulation on the Ministry of Justice of the Republic of Uzbekistan;

 

- organizational structure of the system of the Ministry of Justice of the Republic of Uzbekistan;

 

- structure of the central apparatus (office) of the Ministry of Justice of the Republic of Uzbekistan;

 

- structure of the Ministry of Justice of the Republic of Karakalpakstan, typical structure of the departments of justice of the regions and the city of Tashkent;

 

- a standard structure of departments of justice of districts (cities);

 

- a scheme for communicating to the executors of normative legal acts and explaining to the population their norms and provisions, as well as a set of measures to further improve and ensure the effectiveness of the activities of the bodies and institutions of justice.

 

January 9, 2019 - By the Decree of the President of the Republic of Uzbekistan No. DP-5618 "On the radical improvement of the system of raising legal awareness and legal culture in society", the Ministry of Justice was designated as the coordinating state body in the field of raising legal awareness and legal culture in society. The Concept of enhancing legal culture in society was approved.

 

The Ministry of Justice of the Republic of Uzbekistan, along with interested ministries and departments, have been entrusted with the tasks until July 1, 2019, to ensure the development and launch of the legal information system Advice.uz, to complete the creation of the National Legal Internet Portal of the Republic of Uzbekistan by January 1, 2020.

 

May 19, 2020 - the Decree of the President of the Republic of Uzbekistan № DP-5997 "On measures to further improve the activities of bodies and institutions of justice in the implementation of state legal policy" was adopted. The Ministry of Justice has been entrusted with the task by the end of 2020 to ensure the achievement, including the following target parameters (indicators):

 

- elaborate the share of draft laws (projects) of direct action up to 20 percent of the total number of draft regulatory legal acts developed by the Ministry;

 

- make a proposal to transfer at least 10 functions of ministries and departments to the non-state sector with a functional analysis of the public administration system;

 

- study of the practice of 8 ministries and departments formed (reorganized) in 2018-2019, including the Ministry of Construction, the Agency for the Development of the Capital Market, the Agency for the Development of Public-Private Partnerships under the Ministry of Finance, the Agency for the Development of the Pharmaceutical Industry under the Ministry of Health, Agency for the Development of Horticulture and Greenhouse Economy under the Ministry of Agriculture, the Agency for the Protection of Consumer Rights under the Antimonopoly Committee of the Republic of Uzbekistan;

 

- 12 percent the share of public services will be provided in electronic form;

 

- an increase by 15 units in the number of new services rendered to the population by the Public Service Centers;

 

- 95 percent of the share of state notary offices will be transformed into a non-state notary;

 

- ensuring that an in-depth analysis of the norms of responsibility and sanctions established by 29 by-laws is carried out, and their implementation into the relevant laws.

 

It was also determined to introduce, starting from July 1, 2020, a "package" principle, providing for the introduction of conceptually new mechanisms in the preparation of draft regulatory legal acts, in accordance with which:

 

- when developing a new draft law, reference norms aimed at its implementation are developed and come into force simultaneously with the new law or within the period established by law;

 

- if the provisions established by the new draft (project) law require appropriate amendments to the previously adopted laws, then amendments to the previously adopted laws are carried out simultaneously with the adoption of the new law;

 

- ministries and departments make changes and additions to the departmental normative legal acts adopted by them on the same issue in one act.

 

The Ministry of Justice is subordinate to the Cabinet of Ministers of the Republic of Uzbekistan, and on certain issues of activity, provided for by legislative acts, directly to the President of the Republic of Uzbekistan.

 

Among the main and important purposes of the Ministry of Justice of the Republic of Uzbekistan is reliable protection of constitutional rights and interests of citizens in the field of lawmaking and law enforcement practice, implementation of a unified state policy aimed at ensuring the rule of law, legitimasy in the field of state and social construction.

 

The Ministry is headed by the Minister of Justice of the Republic of Uzbekistan, approved/ dismissed by the President of the Republic of Uzbekistan with the proposal of the Prime Minister of the Republic of Uzbekistan.

 

The system of the Ministry of Justice of the Republic of Uzbekistan includes: the Ministry of Justice of the Republic of Karakalpakstan, the departments of justice of regions and the city of Tashkent, departments of justice of the district (cities), the Agency of public services, the registry offices, the Intellectual Property Agency, the Research Institute of Legal Policy, the Republican Center for Forensic Expertise named after X. Suleymanova, State Institution National Legal Information Center "Adolat", State Institution, Center for Development of Information and Communication Technologies in Justice authorities", Center for Advanced Studies of Lawyers, Tashkent State University of Law, law colleges and Academic Lyceum.