CC BY
49Review of law sciences
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Akmal Sodikov,
An independent researcher of Tashkent State University of Law akmalsodikov81@gmail. com
THE WAYS TO OPTIMISE THE USE OF INFORMATION TECHNOLOGIES IN
NORM MAKING
Abstract: In the article the role of application of modern technology in norm making process and some issues related to maximize the work of legislator are discussed by the author. In addition, recommendations and suggestions are put forward to optimize the procedure of norm making with aid of information technologies.
Key words: information technology, law making, norm making, legislator, online discussions.
Акмал Содиков,
самостоятельный соискатель Ташкентского государственного юридического универститета
ПУТИ ОПТИМИЗАЦИИ ИСПОЛЬЗОВАНИЯ ИНФОРМАЦИОННЫХ
ТЕХНОЛОГИЙ В НОРМОТВОРЧЕСТВЕ
Аннотация: в статье обсуждается роль применения современных технологий в правотворческом процессе и некоторые вопросы, связанные с максимизацией работы законодателя. Кроме того, предлагаются рекомендации и предложения по оптимизации процедуры нормотворчества с помощью информационных технологий.
Ключевые слова: информационные технологии, законотворчество, нормотворчество, законодатель, онлайн-дискуссии.
Акмал Содиков,
Тошкент давлат юридик университети мустакил изланувчиси
НОРМ ИЖОДКОРЛИГИДА АХБОРОТ ТЕХНОЛОГИЯЛАРИНИ ЦУЛЛАШНИ
ОПТИМАЛЛАШТИРИШ ЙУЛЛАРИ
Аннотация: мацолада замонавий технологияларни норма ижодкорлиги жараёнида цуллашнинг урни ва цонунчилик фаолиятини ривожлантириш билан боглиц масалалар муаллиф томонидан му^окама цилинади. Бундан ташцари, ахборот технологиялари
ёрдамида норма ижодкорлигини оптималлаштириш буйича тавсия ва таклифлар илгари сурилади.
Калит сузлар: ахборот технологиялари, цонунчилик фаолияти, норма ижодкорлиги фаолияти, цонун чицарувчи, онлайн мууокамалар.
In the course of recent years, innovations and information technologies have significantly affected the process of norm making. With the ascent of the web, people have a lot bigger access to legal data. Some scholars already defined technology as a tool to help law firms [1] with practice management, billing, big data, e-discoveries, predictive analytics, knowledge management and document storage.
The process of making laws and other various normative legal acts is changing too. In many cases, presently the greater part of that examination of legislators is done electronically with lawful research databases.
Nevertheless, this advancement, represents a few dangers to some specialists and security. A portion of these incorporate security dangers related with Internet databanks, access to government sites by incapacitated individuals and the dependence of ICT suppliers on an e-government stage.
In our opinion, the software and online services for law making available can be divided into several categories:
a) legal reference systems;
b) services for settlements (calculators);
c) reference Information;
d) counterparty verification;
e) services for optimizing business processes;
f) online discussions of projects of normative legal acts;
g) statistics;
h) and directly programs for the registration of court cases.
The very first idea of the need for comprehensive regulation and use of information technology in law making have been developing since the 80s of XX century. In many independent states formed after collapse of the USSR, laws on normative legal acts adopted, moreover, in recent years we can note about the "second wave" of these laws - in 2016-2020. The new ones appeared in the legislation of Belarus, Kazakhstan, Moldova, Armenia, Tajikistan, Turkmenistan and Uzbekistan.
When it come to the Russian Federation, several Russian projects are known in the sphere of optimisation of laws according to the modern requirements. "Law on normative acts", the most significant and discussed, which was prepared by the Institute of Legislation and Comparative jurisprudence under the Government of the Russian Federation. The law was amended several times such as 2000, 2006, 2012, and 2014. Finally, the law developed by the Ministry of Justice of Russia in 2019 [2].
The main task to characterize the Russian laws on normative legal acts in terms of reflection in them processes of informatization and digitalization rights are not set.
If we focus on other countries such as Commonwealth of Independent States - in laws on normative legal acts the forms of using information technology in law making process, the search for the most acceptable terminology for adequate legal regulation process data are not well defined. To the greatest extent, the aspects of informatization and digitalization of law are reflected in the
laws on normative legal acts of Belarus [3], Kazakhstan [4], Moldova [5], and Tajikistan [6]. We will continue to turn to them mainly, analysing the aspects of informatization of norm making activity and the system of legislation. In laws on normative acts of other CIS countries, we are talking only about some aspects of the introduction of computer technology in law making, as a rule, on the possibility of publishing the adopted normative legal acts on the official websites of state bodies, on the possibility of incorporating normative documents into electronic help systems.
In our opinion, use of information technology in law making process has generally defined context, which does not support with specific ways to follow. Since the question of the use of information technology is a question general and fundamental, perhaps this sphere in all CIS countries should not be placed in the penultimate, before the final provisions, and at the beginning of the law on normative legal acts. For instance, such sort of generality and inaccuracy is given in the text of law "use" information technology in law making provides for a wide use of information technology in law-making: during its planning, project development". However, practice better that theory. In our experience, this statement (general norm fixing use of ITC) cannot make sense for great changes in law making.
Therefore, we decided that the first problem in this way is unclear definition of use of information technology in law making which cannot give specific instrument to optimise or digitalise the law making process.
Secondly, these recent years use of modern technology is limited in the framework of:
informatization of nation about normative legal acts;
support people with free access to legislation;
transparency of law making process;
online discussions.
In our opinion, use of modern information and communication technology should be enlarged to use.
Thirdly, modern technologies are not serving as tools for predictions of future fade of law and legal relations and projection of prospective models.
Projection of drafts of normative legal acts is an important aspect, reflected in laws on normative legal acts. Only in some cases governments of CIS use in this framework.
Fourthly, there is not yet electronic or online initiative of draft laws. Electronic law making initiative exists as an independent legal Institute, but not reflected in the laws on normative legal acts of CIS countries. Electronic lawmaking initiative suggests that not only specific lawful governmental bodies but also individual citizens and their organizations (civil society institutions) should submit draft laws to appropriate legislators or local representative bodies.
Consequently, the initiative of draft normative legal acts, or proposal should be obligatory to discuss by the legislator.
Some scholars think that adoption of a normative legal act on a specific issue, however, a weak elaboration of many principal legal and organizational issues, which leads to almost zero effectiveness of this institution [7].
Nonetheless, in some countries such as Belarus, another form of implementing information technologies - preparation of projects of draft laws are becoming popular. In accordance with the program "Automated training system drafts of normative legal acts of the Republic of Belarus", draft laws serve to be one of the first steps in use of modern technology in law making [8].
With reference to Uzbekistan, the most recent advancement in the field of norm making was establishment of project.gov.uz - unique electronic system for the development and approval of
drafts of normative legal acts. This platform was founded with the Resolution of the Cabinet of Ministers on April 8, 2019 No. 284.
The developed unique electronic system for the development and approval of drafts of normative legal acts provides the implementation of the following priority tasks:
creating the possibility of simultaneous and expeditious distribution of draft normative legal acts for consideration, approval using an electronic digital signature to all interested ministries, departments, executive authorities in the sphere, including for conducting their wide public and professional discussion;
ensuring transparency of the process of consideration and approval of draft normative legal acts by automatically recording the actions taken, fixing the dates of transmission and reception;
confirmation of the authenticity of electronic digital signatures, including the authenticity of visas and their relevance;
collection and storage of information on actions taken in the process of reviewing and agreeing of draft normative legal acts, proposals and comments of interested ministries, departments, local executive authorities on draft normative legal acts;
maintaining electronic database of draft normative legal acts, which provides, among other things, information on the development process and interested ministries, departments, executive authorities in the sphere, coordination with which was carried out through the Unified electronic system, as well as the use of a single electronic database the formation of information-analytical and statistical data;
management, monitoring and control in real time of the process of development and coordination with the interested ministries, departments, executive authorities in the sphere of draft normative legal acts;
significant saving of time and labour resources in the process of development and coordination with the interested ministries, departments, executive authorities in the field of draft normative legal acts [9].
Subsequently, if we pay attention to the other method of application modern advancement, in Belarus, public discussions of the draft normative legal acts takes place online organised by the subject of norm making body (part 1. Art. 7).
With regard to Uzbek experience in this sphere, discussion of draft projects of normative legal acts of the Republic of Uzbekistan are placed on https://regulation.gov.uz in order to further improve the system for assessing the impact of legislative acts on entrepreneurial activity by creating the conditions for their discussion on the unique portal of interactive public services www.my.gov.uz, the Cabinet of Ministers adopted Decree No.328 of December 2, 2014 "On measures to introduce an impact assessment system acts of legislation on entrepreneurial activity" [10].
Pursuant to a government decision, from January 1, 2015, a system was introduced to discuss the developed normative legal acts and assess the impact of legislative acts on entrepreneurial activity.
In brief, studying normative legal acts of the CIS countries shows that in the legal regulation of this institution is somewhat different a number of principal problems:
firstly, the mandatory submission for public discussion of all draft normative legal acts with an aim to develop and accumulate public views;
secondly, Internet resources used for public to get open data;
thirdly, public discussions only related to drafts of all normative legal acts;
in our opinion these ways and methods with the assistance of information technology are limiting full power of modern advancements.
In addition, data gathering process for legislator is becoming more primitive than putting them onto open access platforms.
A promising direction for the development of information technology in law-making activity is not just moving on electronic document management, and the use of automated search (information) systems, in which everything happens it should be more integrated with use of even artificial intelligence.
More integrated system of law making with the participation of ITC is in Lithuania, Estonia [C. 50. 11]. There "movement" of a draft normative legal act (law-making initiative, examination, approval, introduction into law-making authority, etc.) are becoming automatized.
Thus, the general characteristic of the use of information technology in norm making is given activities of which the most important publication of draft normative legal acts on websites is important as an element of publicity of law making and a necessary condition for public discussion proposed projects, as well as the use of computer technology, electronic workflow in professional discussion of draft normative legal acts in the procedures provided for by the normative - during expert examinations, when forecasting the consequences of adopting normative legal acts,
Comparison of laws on normative enactments in the CIS countries shows in which areas legislative regulation is developing law-making activities, including the use of information technology. Such analytics, revealing current trends in the development of this legal institution, may well be in demand during the development and discussion of the draft Russian law on normative legal acts.
In addition, ITC should be integrated in the form of "Human factor management systems" HRM (Human Resources Management). Legislators and all subjects, who have right to initiate, who have rights to make norms should train its staff. After trainings their law making, norm-making work should be monitored and evaluated by the computerised platforms. The functions of these systems are recruiting, managing and effectively utilizing the potential of law making employees. This includes information support in staff training, data on staff and assessments of their achievements. In addition, the operation model is disintegrated; automated, cost structure consists of low labour, high technology, and an electro-optical system, while the organizational structure is like a rocket.
Modern information technologies are changing and gaining their distinctive features. So, if at the time of their appearance, information processing automation tools were applied to existing management procedures, today the situation has changed. They have become a catalyst for the dissemination of modern management technologies. Today, information technology is involved in optimizing business processes. Participating in the optimization of business processes, information technology helps to achieve a competitive advantage.
The widespread introduction of modern information technology contributes to the application of new approaches and methods to the processing of management information. The use of such technologies in the work of companies is a prerequisite for its effective functioning. Interest in information technology is caused by great technological capabilities for processing management information, which directly affect the economic efficiency of work, increasing competitiveness and profitability in the norm making process.
In conclusion, the legislators and bodies who have right should track followings to make norms to relieve the workload and cope with modern tendencies:
The development of the electronic norm making system, which includes automatization of initiation, development, coordination, introduction and monitoring of the implementation of normative legal acts) in electronic form.
Implementation of the mechanism of interdepartmental electronic approval of draft normative legal acts aimed at optimizing and de-bureaucratizing this procedure, which includes, inter alia, the approval procedure taking into account the scope of the project, the complexity of the subject of its regulation.
Creation and implementation in the activities of the chambers of the Oliy Majlis of an automated legislative data processing system that allows citizens to freely receive information on the process of consideration and adoption of bills at all stages.
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