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LAWS OF THE REPUBLIC OF UZBEKISTAN ON APPEALS OF INDIVIDUALS AND LEGAL ENTITIES
Makhamadkodir Abdurasulov
Shadmanbek Bazarovich Rasulov
Law College of Andijan Region
Dilfuza Nabievna Nosirova
ABSTRACT
This article discusses the laws of the Republic of Uzbekistan on appeals of individuals and legal entities, the concept of collective appeals and legal regulation of the procedure for their submission. Gaps in the legislation related to the lack of a normative definition of collective appeals, as well as the peculiarities of their submission and consideration, are identified. The concept of collective appeals is described, ways of improving the legislation and solving the identified problems are proposed.
Keywords: appeal, collective appeals, individual appeals, criteria for filing collective appeals, consideration of collective appeals.
State power is called upon to protect citizens and serve them, therefore this instrument must be subordinated to society and be under its control. To this end, a mechanism was developed to influence the authorities, such as individual and collective appeals, which are a means of the Civil Initiative. This will increase the responsibility of state bodies, as well as their officials. Appeals of individuals and legal entities are one of the forms of public control and indicate a violation of their rights. The increase in the number of appeals and complaints to the relevant authorities can be explained by the increase in the number of cases of violation of the rights of individuals and legal entities.
If a complaint is filed by an individual with the relevant state body on a specific issue, then all such complaints cannot be substantiated either. The situation will change if this appeal is filed in the form of a collective appeal, since the legal consequences of such an appeal will be stronger than a complaint filed by an individual. If individual complaints are aimed at realizing the personal interests of citizens in protecting their rights and freedoms, then collective appeals will be aimed at eliminating existing shortcomings in order to benefit society as a whole.
Collective appeals can be submitted in the form of applications, proposals and complaints.
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According to Art. 3 of the Law of the Republic of Uzbekistan "On appeals of individuals and legal entities" dated September 11, 2017:
S application - on rendering assistance in the realization of rights, freedoms and legitimate interests;
S proposal - an appeal containing recommendations for improving the activities of the state and society;
S complaint - is a petition for the restoration of violated rights, freedoms and protection of legitimate interests. The public interest is often expressed in the form of collective statements and proposals. At the same time, the most common type of collective appeal is a collective complaint, which is often issued on the basis of decisions, actions (inaction) of state bodies (their officials).
Statistics show that according to the current state of affairs, the virtual reception of the President of the Republic of Uzbekistan received more than 3.5 million appeals. The President of the Republic of Uzbekistan Shavkat Miromonovich Mirziyoyev noted that in the appeal sent to the chambers of the Oliy Majlis of the Republic of Uzbekistan in 2020, more than 1 million appeals per year are received by virtual and public receptions, demanding to bring the dialogue with the people to a new level.
The widespread absence of collective appeals is explained by the fact that at present there is no clear mechanism for the implementation of this right by individuals and legal entities. Chapter 3 of the Law of the Republic of Uzbekistan "On Appeals of Individuals and Legal Entities" lists the guarantees of the rights of individuals and legal entities to apply. In particular, it is indicated that individuals and legal entities are guaranteed the right to apply to state bodies, organizations and their officials individually or collectively, the right to apply is voluntary and no one can be forced to participate in actions aimed at protecting or countering any appeal. This law does not establish the procedure for considering collective applications of individuals and legal entities, in contrast to the consideration of individual applications, despite the fact that applications from individuals and legal entities can be submitted individually or collectively.
It should be noted that the Law of the Republic of Uzbekistan "On Appeals of Individuals and Legal Entities" does not contain a description of the collective appeals of individuals and legal entities. According to a number of authors, it was noted that collective appeals can be submitted on the most important issues affecting the rights and freedoms of citizens, including the requirements for the publication or amendment of legal acts by the authorities and (or) making additions to them.
In the author's opinion, such a definition of collective appeals significantly narrows the range of issues on which individuals and legal entities have the right to file
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collective appeals. Thus, collective appeals can only be on issues of legislative initiative and exclude the possibility of appeals by foreign citizens and non-citizens in the form of statements, proposals and complaints. Considering that the term "individuals", provided for by the Law "On Appeals of Individuals and Legal Entities", covers not only citizens of the Republic of Uzbekistan, but also foreign citizens and stateless persons, it is necessary to take into account the interests of foreign citizens and stateless persons residing in the Republic of Uzbekistan, when describing the concept of public appeals. Based on this, among the basic concepts enshrined in Article 3 of the Law of the Republic of Uzbekistan "On Appeals of Individuals and Legal Entities", the concept of "collective appeals" should be introduced as a proposal to the legislation, and this concept can be characterized as follows: "Collective appeals - a written, oral and electronic appeal of two or more persons, including in private, or an appeal signed by the organizers and (or) participants of a meeting or meeting, the public nature of which these persons have".
Individual appeals are an expression of desire that can be expressed and sent orally or in writing to an individual or legal entity (addressee), regardless of the number of persons from whom legally significant consequences are expected. Collective appeals, however, depend on the subject of the will of this or that association of individuals and legal entities.
In order to formulate the most complete definition of collective appeal, it is necessary to find answers to the following questions, namely:
firstly, the identity of the subject of the right to collective appeal; secondly, on what issue is the collective appeal; thirdly, in what cases the appeal is recognized as collective; of the four, it is necessary to get answers to questions about the procedure for filing a collective appeal and how long it takes to respond.
When answering the first question, it can be noted that the subject of a collective appeal are citizens of the Republic of Uzbekistan, foreign citizens and stateless persons, and therefore, when submitting a collective application to state bodies, citizenship is not taken into account, any person living in the Republic of Uzbekistan is recognized as a subject of a collective appeals.
Collective appeals will be aimed directly at protecting the rights, freedoms and legitimate interests of others. In this type of appeal, a group of persons can protect the interests of other persons or a group of persons. An example of this is the petition addressed to the Minister of Internal Affairs, which was signed by more than 400 people in Friendship Park (formerly Bobur), demanding punishment for the death of Yasur
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Ibragimov, a student at Borovsky College, who was beaten by his fellow students in
It is also worth noting that collective appeals are usually associated with the solution of social, political and legal issues. The object of a collective appeal is the public interest, which must be achieved through the adoption by a state body or its officials of a decision that meets the requirements specified in the collective appeal.
With regard to the third question, it is necessary to clarify when the appeals will be recognized as a collective appeal. In the author's opinion, this depends on the degree of filing of the appeal and its subject matter. The Law of the Republic of Uzbekistan "On Appeals of Individuals and Legal Entities" does not contain norms on collective appeals. It is desirable to introduce specific rules for this type of links. At the same time, a clear picture of when appeals submitted to state bodies will be recognized as a collective appeal. If the subject of the appeal is not inclined to legal regulation, then, in the opinion of the author, the appeal signed by two or more persons can be considered collective.
Zokirov notes that a collective appeal is an expression of the will of two or more persons on the subject, which is drawn up by one document or a group of citizens at a personal reception. Looking at the etymology of the term "community", which means a community of people created on the basis of common goals, aspirations and tasks, the author represents two or more groups of people as a team, a union.
A collective appeal is a statement formulated and signed by a group of people or delivered during a public event. In this case, the application form is not considered important. It is important to convey the message. For example, a collective appeal can be filed over the Internet.
Considering collective appeals, one can also point out that one of the problems in the current practice is that the Law of the Republic of Uzbekistan "On Appeals of Individuals and Legal Entities" does not provide for rules for filing collective appeals. Judging by the experience of foreign countries, Article 22 of the Law of the Republic of Belarus dated July 18, 2011 No. 300-Z establishes the norms for considering collective appeals. Article 21 of the Law of the Republic of Tajikistan "On Appeals of Individuals and Legal Entities", adopted in 2016, also provides for the consideration of collective appeals. Given that the legal nature of collective appeals differs significantly from individuals and legal entities, the author considers it appropriate to develop a separate procedure for filing and considering collective appeals. In this regard, the author agrees with L. N. Nudnenko that "a temporary commission may be created to consider collective appeals, depending on the nature of the proceedings".
2017.
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Based on the above, it can be noted that the lack of a clear regulation of collective appeals makes it difficult to exercise the right of the Republic of Uzbekistan to file collective appeals, and also hinders the development of this legal institution. For the development of the institution of collective appeals, the following is proposed:
• Article 3 of the Law of the Republic of Uzbekistan "On appeals of individuals and legal entities" should be included in "collective appeals" as a separate concept;
• Provisions on the procedure for considering public applications should be reflected in Article 24 of the Law "On Applications of Individuals and Legal Entities";
• Taking into account the development of information and communication technologies, it is advisable to widely introduce the practice of filing collective appeals in electronic form (through the website of the state body, by e-mail).
Measures to improve the efficiency of processing appeals and decision-making by the community will undoubtedly contribute to the development of civil society institutions. At the same time, this will allow us to get closer to building a real legal state.
REFERENCES
1. Law of the Republic of Uzbekistan "On appeals of individuals and legal entities" dated September 11, 2017 / Collection of legislation of the Republic of Uzbekistan, 2017, 37, article 977; national database of legislative data, 01/30/2018, 03/18/1963/0634-issue.
2. https://lex.uz/docs/3336169 (Electronic resource: accessed 18.05.2022)
3. Statistical data / https://pm.gov.uz/uz#/stat_app_root (Electronic resource: accessed 18.05.2022)
4. Statistical data /https://president.uz/uz/lists/view/3324 (Electronic resource: accessed 18.05.2022)
5. Зокиров Ш.И. Некоторые вопросы совершенствования института коллективных обращений в Республике Узбекистан // Universum: Экономика и юриспруденция: электрон. научн. журн. 2020. № 3(68). URL: http://7universum.com/ru/economy/archive/item/8851
