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0YANGI OZBEKISTON TALABALARI AXBOROTNOMASI
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PROCESS AND STAGES OF LAW CREATION
Azbergenova Munira
Student of Karakalpak State University muniraazbergenova5@gmail.com
ARTICLE INFO
Qabul qilindi: 20 - May 2024 yil Ma'qullandi: 25 - 2024 yil
Nashr qilindi: 30 - May 2024 yil
KEY WORDS
law, creativity of law, constitution, concept, referendum, parliament
In the current period of reforms in the economic, social and political spheres in our country, the creation of laws and compliance with laws are an important condition for the development of society. In a legal state, society's life is regulated by the law. The law is created as a product of the special activity of the state government.
The creation of a law, that is, the legislative process, is a process aimed at the creation of new laws, additions and changes to existing laws based on the authority of the state supreme representative body in accordance with the procedure established by the constitution. It is also a set of actions in the process of repealing outdated laws that have been in effect for a long time in the life of society. These actions include the process of determining relations in society that need to be regulated by law, preparing, discussing, adopting and announcing a draft law.
The process of creating a law is a specific goal-oriented activity of an authorized state body aimed at developing and adopting laws. Laws occupy the main place in the system of normative legal acts. The law is a normative legal document that is adopted by an authorized state body or by holding a referendum, has the highest legal status, and is aimed at regulating the most important and stable social relations [1].
The main social task of laws is to strengthen, develop, regulate and ensure stability of social relations, which are considered the most important from the point of view of the interests of man, society and the state. Also, the updated social structure, the most important principles of establishing a legal state, the directions of our development and program tasks should be confirmed in the laws of the republic.
Due to the introduction of a two-chamber parliamentary system in our country, a special procedure, principles and technology of law adoption have been developed. Therefore, there is a separate law-making process consisting of several stages of law adoption. The implementation of the law-making function is the main task of the parliament and the parliamentary chambers. The law-making process includes several stages, which are
ABSTRACT
In this article, the fact that the law has supreme legal force, the process and stages of the creation of the law, the terms and order of the adoption of the law are expressed.
legislative initiative, discussion of the draft law, adoption of the law, signing and promulgation of the law.
Legislative initiative is the preparation of draft laws of certain state organizations and officials and their submission to the legislative body for consideration [2]. The legislative initiative is the first stage of the legislative process. This process is based on intensive efforts and is carried out by the subjects who have the right of legislative initiative specified in the Constitution of the Republic of Uzbekistan. That is, to hold opinions on the adoption of a specific draft law or the adoption of a new draft law, to make proposals, as well as to submit to the attention of the Oliy Majlis a proposal to amend or repeal the current law, and is to make a decision to consider the issue in the prescribed manner.
Preparation and discussion of the draft law is the most important and special stage of the legislative process. This stage takes place after the report of the representative of the office that introduced the draft law at the meeting of the legislative body. The draft law can be discussed in two ways, that is, According to Article 9 of the Constitution of the Republic of Uzbekistan " Major matters of public and state life shall be submitted for public discussion and put to a nationwide vote — a referendum " [3].
In the second view, the draft law will be submitted to the Legislative Chamber of the Republic of Uzbekistan and will be discussed in it. In accordance with Article 17 of the Law on the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan, conducting the preparation of draft laws, preliminary consideration and preparation of issues to be discussed by the Legislative Chamber, and monitoring the implementation of laws for the election of committees consisting of the chairman, his deputies and members from among the deputies
[4].
The main discussion of the draft law is carried out in the plenary session of the Legislative Chamber. The draft law is considered in three readings as a rule. In the first reading of the draft law, the necessity of adopting this draft law, the concept of the draft law, the Constitution of the Republic of Uzbekistan of the draft law and compliance with the law, the costs and sources of funding associated with the implementation of the bill will be discussed. When the draft law is rejected in the first reading, the responsible committee prepares the law for the second reading and includes the proposals it finds reasonable in the text of the draft law. In the third reading, the draft law is voted on without discussion, and the draft law is adopted by a majority vote of the Legislative Chambers.
The next stage is the adoption of the law, this stage is another important stage of the legislative process, that is, the stage of approval of the draft law and the adoption of the law. The importance and responsibility of this stage is that the draft law is given official legal force, it becomes a law. The draft law adopted by the Legislative Chamber will be sent to the Senate within ten days. The law shall come into effect when it is adopted by the Legislative Chamber, approved by the Senate, signed by the President of the Republic of Uzbekistan and issued in the official publications in specified by law procedure.
The law, adopted by the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan, not later than ten days from the date of adoption, shall be addressed to the Senate of the Oliy Majlis of the Republic of Uzbekistan. The law shall be considered by the Senate of the Oliy Majlis of the Republic of Uzbekistan within sixty days and, if approved, shall be
passed to the President of the Republic of Uzbekistan for signature and promulgation no later than ten days.
In the case that the Senate of the Oliy Majlis of the Republic of Uzbekistan does not make a decision on approval or rejection of the law within sixty days, it shall be sent to the President of the Republic of Uzbekistan for signature and promulgation by the Legislative Chamber. The President of the Republic of Uzbekistan, within sixty days, shall sign the law and promulgate it.
The law, rejected by the Senate of the Oliy Majlis of the Republic of Uzbekistan, shall be returned to the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan. In case of the second consideration of the rejected by the Senate of the Oliy Majlis of the Republic of Uzbekistan law and approval the law by the Legislative Chamber, by a majority in two thirds of votes of the total number of deputies, it shall be considered to be adopted by the Oliy Majlis of the Republic of Uzbekistan and addressed by the Legislative Chamber to the President of the Republic of Uzbekistan for signing and promulgation.
On the law rejected by the Senate of the Oliy Majlis of the Republic of Uzbekistan the Legislative Chamber and the Senate, on a par with, may form from among deputies of the Legislative Chamber and members of the Senate a conciliatory commission for overcoming the occured disagreements. At adoption by the chambers proposals of the conciliatory commission the law shall be subject to consideration in ordinary procedure. The President of the Republic of Uzbekistan shall have the right to return the law with his objections to the Oliy Majlis of the Republic of Uzbekistan.
In case of approval of the law in the earlier adopted edition by a majority not less than two thirds of votes of the total number accordingly of deputies of the Legislative Chamber and members of the Senate of the Oliy Majlis of the Republic of Uzbekistan, the law shall be subject to signing by the President of the Republic of Uzbekistan within fourteen days and promulgation.
The text of the law adopted and signed by the President is sent to the Oliy Majlis for preservation and publication. Laws of the Republic of Uzbekistan and decisions of the chambers of the Oliy Majlis of the Republic of Uzbekistan, decisions of local authorities, unless another period is specified in the documents themselves, ten days after their official announcement enters.
Each law is adopted to achieve a certain social effect, and in this case it is manifested as a unique tool for the realization of the interests of citizens, society and the state. Also, the more the laws are improved, the more fully the requirements of social life are reflected, the more deeply they affect people's minds and this can ensure that citizens will implement the laws by their own will. Therefore, during the past years, draft laws As one of the positive experiences in preparation, the discussion of legal texts by industry experts was started. This contributed to the improvement of the quality of draft laws in terms of content and substance. The President emphasized that " the goal of adopting any legal document is to improve the living conditions of our people " [5]. In fact, laws are constantly being improved, laws are in sync with life, and should always fill the head in the relationship between the state and the citizen and give him legal power.
References:
1. https://uz.wikipedia.org/wiki/Qonun_(huquq)
2. https://uz.wikipedia.org/wiki/Qonun_fhuquq)
3. The Constitution of the Republic of Uzbekistan https://lex.uz/docs/6451070 01.05.2023, 03/23/837/0241
4. Regarding the legislative chamber of the supreme assembly of the republic of Uzbekistan Constitutional law of the Republic of Uzbekistan No. 434-II of December 12, 2002,https://lex.uz/acts/-51961 02/19/2024, No. 03/24/909/0133)
5. https://www.gazeta.uz/oz/2016/12/07/speech/
