CC BY
3412.00.07-: Judiciary. Procurator control. Organization of law
enforcement activite Djuraev Ikhtiyor,
Deputy Director of Specialized branch Tashkent State University of Law, Candidate in Law ORCID: 0000-0002-2201-8119 E-mail: i.djurayev@tsul.uz
THE CONCEPT AND IMPORTANCE OF PROSECUTOR'S SUPERVISION INSTITUTE OVER THE REALIZATION OF LEGISLATION
_IN HIGHER EDUCATIONAL INSTITUTIONS_
A R T I C L E A B S T R A C T
I N F O_
Keywords: The article reveals main issues of the prosecutor's
normative-legal office, defined in the Constitution of the Republic of act, supervision, Uzbekistan and the Law "On the Prosecutor's Office", authority, institute the concept of prosecutorial supervision over the of prosecutor's implementation of legislation in higher education supervision, institutions and its differences from other prosecutorial
higher education control institutions, the purpose of prosecutorial control institution, legality, over law enforcement in higher education to improve legal culture, rule the quality of education, ensure timely and quality of law, crime implementation of legislation on higher education, prevention, quality further guarantee the rights of citizens to education, of education, protection of public and state interests in this area, prosecutor's through active efforts by prosecutors to improve the
supervision, law legal culture of higher education staff and students, enforcement ensuring the rule of law in the activities of higher
education institutions, as well as the prevention of offenses in higher education, improving the quality of education, ensuring the rule of law, the importance of
the institute, the participation of employers in the educational activities of the prosecutor's office, their recommendations and instructions that are important in practice to ensure the quality of education, practical problems, foreign experience and future plans, science, topics and other similar issues, as well as studying the role of the consumer in the educational process as a consumer and its role in ensuring the quality of education and staff quality were scientifically analyzed and relevant proposals were put forward in this regard.
After gaining
independence, the Republic, as in all areas of education, including higher education, adopted regulations aimed at regulating this area, ensuring the right of citizens to higher education.
On December 8, 1992, the Constitution of the Republic of Uzbekistan was adopted. While Article 41 of the Constitution stipulates that everyone has the right to education, Chapter XXIV (Articles 118-121) sets out the rules for the full activity of the prosecutor's office.
The rule of law plays an important role in the development of any industry. The supervision by the prosecutor's office over the organization of work and the
proper conduct of activities in accordance with the law and relevant regulations makes a worthy contribution to ensuring the rule of law, strengthening the rule of law.
As President of the Republic of Uzbekistan Sh. M. Mirziyoyev said: "We all understand that the adoption of laws is only part of the job. The main issue is the timely delivery of the content of the laws to our people and responsible executors, the proper organization of their implementation
and ensuring strict compliance with the law consists of" [1].
Unconditional implementation of the Constitution of the Republic of Uzbekistan and normative legal
acts adopted on its basis, strict adherence to it is one of the important conditions for ensuring the rule of law.
According to Z. Amonov, "Legitimacy is the main sign of the existence and development of a democratic legal society. It is necessary to ensure the rights and freedoms of citizens, democratic institutions, the formation and implementation of civil society, the construction and operation of the state apparatus" [2].
Legitimacy is the strict and complete implementation of legal provisions in laws and legal acts based on them by all legal entities, a set of requirements for their implementation, i.e. clear and inevitable implementation by those to whom they are addressed, to ensure the consistent placement and implementation of laws and other normative legal acts in accordance with their legal force, to ensure that the law is not repealed by anybody other than the body that adopted it, these requirements constitute the content of legality [3].
According to O. Husanov, recognition of laws means their unconditional implementation. Obeying laws is mandatory, but they are more effective when they are done consciously, voluntarily [4]. Dictionaries, on the other hand, define legality differently.
Legitimacy - defined by law, specified in the law, in accordance with the law, approved by law, based on the law, permitted or allowed by law [5].
Legitimacy - clear and constant implementation of the Constitution, laws and other normative legal acts by all state bodies, officials and citizens [6].
Based on the analysis of the above definitions, it should be noted that the rule of law is achieved by ensuring legitimacy. The fact that any action (action) is carried out in accordance with the law, the decision is made in accordance with it - a sign of the rule of law.
According to Sh. R. Kobilov, "The rule of law means the supremacy of the Constitution and laws over other normative legal acts in the
activities of all public authorities, as well as the strict observance of them by government agencies, officials and citizens. It is known that ensuring the rule of law in society, first of all, serves to ensure peace and tranquility in this country, permanent stability in the economic and political life of society" [7].
According to Mirakulov, the rule of law guarantees a person the right to exercise his rights and freedoms without hindrance, to live in peace, tranquility, tranquility, without fear of any external influences, violence and arbitrariness. allows you to live.
... If the rule of law is not ensured in society, people will lose confidence not only in today, but also in tomorrow, and justice, equality and freedom will not be observed. In a society without the rule of law, the economy will not develop and economic reforms will not be effective. Because no one wants to put their property, their sky, in a place where the law does not work [8].
When it comes to the rule of law, it is understood that the adopted laws are respected, enforced and strictly observed by all. In particular, the rule of law and the rule of law are inherent in a democratic state based on the rule of law, which serves to ensure and guarantee human rights and freedoms in all spheres of society [9].
In a state where the rule of law is established (the rule of law is established), the desire of public authorities to ensure human rights and freedoms, equality before the law is always observed [10].
In a society where the law is respected and its priorities are recognized, any activity and its sphere is carried out in accordance with the legislation (the Constitution and normative legal acts adopted on its basis). The priority of the law is to ensure and guarantee human rights and freedoms.
Analyzing the above points, the concept of the rule of law can be defined as follows:
The rule of law means that any activity is based on the law,
that the law is binding on all government agencies, officials and citizens, and that its implementation is monitored and enforced in accordance with the law.
Obedience to the law, ensuring its timely
implementation is one of the characteristics of the rule of law. The rule of law is a democratic state based on the rule of law, the rule of law, equality of all before the law and an independent judiciary, guaranteed human rights and freedoms, and the separation of powers [11].
M. H. Rustambaev said: "A necessary condition for building a state governed by the rule of law and civil society is the unconditional observance of laws. The uniform and unconditional observance of the law depends on the attitude of our lawyers to their duties and their sense of responsibility" [12].
One of the important factors in ensuring the rule of law is the implementation of supervision over compliance with the law.
Examines the state of compliance with the law within the competence of a specially authorized body of the state, as well as ministries, state committees and other higher authorities.
Article 3 of the Law of the Republic of Uzbekistan "On the Foundations of State Independence of the Republic of Uzbekistan" of August 31, 1991 states that the Republic of Uzbekistan has full state power, independent determination of its national-state and administrative-territorial structure, system of government, Article 5 strengthens the supremacy of the Constitution of the Republic of Uzbekistan and its laws, the system of state bodies of the Republic of Uzbekistan on the basis of the order of separation of powers into legislative, executive and judicial powers [13].
In accordance with the Decree of the President of the Republic of Uzbekistan dated December 8, 1992 "On the Prosecutor's Office of the Republic of Uzbekistan" and in
accordance with the Law "On the Foundations of State Independence of the Republic of Uzbekistan", in order to ensure the supreme supervision over the clear and uniform implementation of laws in the territory of the Republic of Uzbekistan, protection of constitutional rights and freedoms, the Prosecutor's Office of the Uzbek SSR was transformed into the Prosecutor's Office of the Republic of Uzbekistan and the first step was taken in the activities of independent prosecutor's offices in the republic.
Article 118 of the Constitution of the Republic of Uzbekistan stipulates that the Procurator General of the Republic of Uzbekistan and prosecutors subordinate to him shall exercise supervision over the accurate and uniform implementation of laws in the territory of the Republic of Uzbekistan, this provision is also reflected in the Law of the Republic of Uzbekistan "On the Prosecutor's Office" (August 29, 2001, No. 257-II).
It is known that the bodies of the Prosecutor's Office of the Republic of Uzbekistan have been appointed as the specially authorized body to supervision the accurate and uniform implementation of laws in the Republic of Uzbekistan.
Based on the tasks assigned to the prosecutor's office and the powers delegated to them by the Constitution of the Republic of Uzbekistan and the Law of the Republic of Uzbekistan "On the Prosecutor's Office",
educational institutions,
including the introduction of the institute of prosecutorial supervision over the implementation of legislation in higher education institutions, the beginning of control activities of the prosecutor's office in this direction.
It should be noted that since 2016, a new stage of reform has been entered in the education system, including higher education. New normative and legal acts have been adopted in the field of higher education, some normative and legal acts have
been amended and supplemented, and some have lost their force. In this process, the main focus was on ensuring the constitutional rights and freedoms of citizens, creating appropriate opportunities and conditions for them.
President of the Republic of Uzbekistan Sh. M. Mirziyoyev said: "We consider it our primary task to improve the functioning of all links of the education system in accordance with modern requirements" [14].
Decree of the President of the Republic of Uzbekistan dated February 7, 2017 No PD-4947 "On the Strategy for further development of the Republic of Uzbekistan" approved the Action Strategy for the five priority areas of development of the Republic of Uzbekistan for 2017-2021.
The Action Strategy identifies the development of education and science as one of the priorities for the development of the social sphere, further improvement of the system of continuing education, increase the
capacity of quality educational services, continuation of the policy of training highly qualified personnel in accordance with the modern needs of the labor market, as well as improving the quality and efficiency of higher education institutions through the introduction of international standards for assessing the quality of education and training, gradual increase of quotas for admission to higher education institutions;
promotion of research and innovation activities, creation of effective mechanisms for the implementation of scientific and innovative achievements, establishment of specialized scientific-experimental laboratories, high-tech centers and techno parks at universities and research institutes, particular attention was paid to the employment of graduates, as well as the involvement of private entrepreneurship [15].
Therefore, the Republic of Uzbekistan has introduced prosecutorial supervision over compliance with the law in all
areas and areas, including higher education.
The current stage of development of the Prosecutor's Office testifies to the fact that its legal status is constantly changing. This means that there is no ideal prosecutor's office, because in any state, with the rapid development of legislation and society, it is legitimate (regularity) to adapt the laws on the prosecutor's office to the realities of life [16].
Supervision is a special function performed only by the prosecutor's office without interfering in the operational activities of the supervised body, which consists in assessing the rule of law in the country in order to limit or eliminate violations in the professional activities of the supervised body or official. helps to establish and strengthen [17].
On January 18, 2020, an enlarged meeting of the Republican Interagency
Commission on Combating Corruption was held, The chairman of the commission,
the Prosecutor General of the Republic of Uzbekistan N. Yuldashev, said that over the past two years, 326 employees of the system have been prosecuted for crimes related to the education, he noted that 220 of them worked in colleges and lyceums, 106 in higher education institutions, 3 of them were rectors, 5 vice-rectors, 15 deans and vice-deans, and 62 teachers [18].
It should be noted that the rule of law should be a key criterion for the development of any field, including higher education.
President Sh. Mirziyoyev noted: "The prosecutor's office should serve to ensure the rule of law in our daily lives, to protect the legal rights of legal entities and individuals, to raise the legal culture of the population" [19].
Within the framework of the above-mentioned task, the prosecutor's office can make the rule of law the main criterion in their activities by taking active steps to improve the legal culture of employees and
students of higher education institutions.
According to B. Pulatov, "prosecutor's supervision is a separate independent form of state activity carried out on behalf of the state and is the main, leading function of the prosecutor's office. It is this function that determines its unique status and sociopolitical significance as a state body" [20].
According to O. M. Madaliev, " prosecutor's supervision means the special activity of the prosecutor's office as a state body on behalf of the Republic of Uzbekistan, which monitors the accurate and uniform implementation of the Constitution and other laws of the Republic of Uzbekistan on its territory" [21].
M.P. Polyakov, A. F. Fedulov identified: "prosecutor's supervision is a specific type of state activity regulated by law and carried out by specially organized prosecutor's offices, which seeks to establish the rule of law, ensure the rule of law, observe and implement laws, human and civil rights and
freedoms, and society. and to protect the interests of the state" [22].
According to O. V. Voronin, " prosecutor's supervision is, first of all, a system of knowledge about the legal and social nature of prosecutorial supervision, the legal status of the prosecutor's office, as well as the goals, objectives, functions, directions, forms and methods of its activities" [18].
Supervision in the field of education is a type of activity of the competent executive authorities, in which educational institutions and organizations comply with the legislation and regulations in the field of education, including, in part, state educational standards, quality of training and licensing requirements and conditions. monitors and evaluates compliance [23].
According to M. N. Kudilinsky, state control is universal as a type of public administration activity, that is, it is applied to all spheres of public life. At the same time, each of these areas has its own
characteristics and imposes its own characteristics on the work of regulatory authorities [24].
According to G. A. Lyashenov, "The effectiveness of prosecutor's supervision over the implementation of laws on higher education - it is the result of the practical fulfillment of the tasks before the prosecutor, which is determined by comparing the goals and results set for this period with the goals and results set for the previous period, aimed at strengthening the rule of law in this area and evaluating the actual results achieved [26].
D. A. Kratyuk noted: "Another feature of the prosecutor's supervision over the implementation of education laws is that many violations are revealed during the supervision. In this regard, it is objective and expedient to selectively analyze specific objects and offenses in the field of legality in the field of higher education [27].
It should be noted that the participation of employers in the educational activities of the prosecutor's office, their
recommendations and
instructions that are important in practice to ensure the quality of education, practical issues, foreign experience and future plans, science, topics and other similar issues. it is important to study the intrusion into the learning process as a consumer of personnel and to analyze its role in ensuring the quality of education and the quality of personnel.
It is worth noting that the institute of prosecutor's supervision over the implementation of legislation in higher education institutions differs from other institutions of prosecutorial supervision. Because it is based on the implementation of prosecutor's supervision over the observance of the law in higher education institutions that are not related to the subject of supervision of other institutions of prosecutor's supervision.
Analyzing the above comments by the authors, we try to explain the concept of the prosecutor on the
implementation of legislation in higher education institutions.
In our opinion, the prosecutor's supervision over the implementation of legislation in higher education institutions is a special activity of the prosecutor's office as a state body, which differs from other subjects of prosecutor's supervision, independent, supervision over the accurate and uniform implementation of legislation on higher education by higher education institutions.
The purpose of the prosecutor's supervision over the implementation of legislation in higher education is to analyze the correct organization of education in higher education in accordance with the regulations of higher education, to eliminate shortcomings in these areas, comprehensive education, high
qualification, compliance with international standards is to make a worthy contribution to ensuring the quality of the system of higher education, which is a real sacrifice of their profession.
Thus, the implementation of prosecutor's supervision over the implementation of legislation in higher education institutions as a separate institution to identify, eliminate and prevent violations in the field of higher education, improve the quality of education in higher education, ensure timely and quality
implementation of legislation on higher education, the right of citizens to education, serves to ensure the protection of the interests of society and the state in this sphere.
References:
1. Mirziyoev Sh.M. Ensuring the rule of law and human interests is the key to the country's development and people's well-being (speech at the ceremony dedicated to the 24th anniversary of the Constitution of the Republic of Uzbekistan, December 7, 2016) // We will resolutely continue our path of national development and raise it to a new level. - Tashkent: NMIU "Uzbekistan", 2017. - Р. 107.
2. Amonov Z. The role of prosecutorial supervision in ensuring the rule of law in public administration // Bulletin of Higher Education Courses of the Prosecutor General's Office of the Republic of Uzbekistan, №1 (25), -2016. - Р. 48.
3. The Constitution and the rule of law are the most important criteria of a democratic state and civil society. Educational-methodical complex / Team of authors: Q.Q.Quronbaev, H.T.Azizov, M.B.Bekmurodov and others. -Tashkent, 2020 - Р. 33.
4. Husanov O.T. Constitutional law. Textbook. - Tashkent: Adolat, 2013. -Р. 111.
5. Annotated dictionary of the Uzbek language. Volume II. - M.: Russian language publishing house, 1981. - Р. 597-598.
6. Legal Encyclopedia of Uzbekistan. - Tashkent: Adolat, 2010. - Р. 615.
7. Qobilov Sh.R. Respect and obedience to the law is the key to development and security. - T., 2016. - Р. 122-123.
8. http://constitution.uz/uz/pages/Konstitutsiya ustunligi
9. Berdikulov S.N. The rule of law and obedience to the law are the guarantee of democratic development. Textbook / Editor-in-Chief Doctor of Philosophy, Professor Sh.O.Mamadaliev. - T.: Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan, 2017. - Р. 6.
10. Chernyak B.A. Legitimacy in the organization and activity of organovgosudarstvennogo upravleniya. Autoref. ... dis. kand. jurid. science. - Voronezh, 2003. - p. 3. https://static.freereferats. ru/_avtoreferats/01002610089. pdf
11. Saidov A., Tadjikhanov U., Odilkoriev H. Fundamentals of state and law: Textbook. - T.: Sharq, 2002. - Р. 19.
12. Rustamboev M.H. Criminal law (general part). Textbook for higher education institutions. - Tashkent: TSIL, 2006. 34-p.
13. https://lex. uz/docs/127899
14. https://www.gazeta.uz/uz/2016/12/07/speech/
15. https://lex.uz/docs/3107036#3109143
16. Shevchenko V.Yu. The prosecutor's office in the system of separation of powers and the state mechanism for protecting the constitutional rights of citizens. Author's abstract. ... dis. of Cand. jurid. sciences. - Saratov, 2009.- P.8-9. https://static.freereferats.ru/ avtoreferats/01004567721.pdf
17. Nistratov S.G. Control and supervision as guarantees of legality (theoretical and legal aspect). Author's abstract. ... dis. of Cand. jurid. sciences. - Saratov, 2009. - P. 9.https: //static.freereferats.ru/_avtoreferats/01005512899.pdf
18. https://www.gazeta.uz/uz/2020/01/19/corruption-education/
19. Mirziyoev Sh.M. Our people expect us to ensure the rule of law and justice in practice // We will resolutely continue our path of national development and raise it to a new level. - Tashkent: NMIU "Uzbekistan", 2017. - P. 105-106.
20. Po'latov B.X. Constitutional status of the Prosecutor's Office of the Republic of Uzbekistan // Bulletin of Higher Education Courses of the Prosecutor General's Office of the Republic of Uzbekistan, №4 (32), -2017. - P. 27-28.
21. Madaliev O.M. Procurator supervision. Textbook. General section. - T.: TSU Publishing House, 2009. - P. 9-10.
22. Prosecutor's supervision: lecture notes / M.P. Polyakov, A.F. Fedulov. -3rd ed., Rev. and add. - M.: Higher education, 2009.- P. 164. https://studfile.net/preview/5877965/page:9/
23. Voronin O.V. Prosecutor's supervision in the Russian Federation: issues of the General part: Textbook. - Tomsk: NTL Publishing House, 2007. - P.5. ui.tsu.ru/wp-content/uploads/2013/06/_2007.pdf
24. http://xn--h1aoo0b.xn--p1ai/1-2013/11.pdf
25. https://cyberleninka.ru/article/n/osobennosti-pravovogo-regulirovaniya-gosudarstvennogo-kontrolya-v-sfere-obrazovaniya/viewer
26. https://center-bereg.ru/j469.html
27. D.A. Kratiuk. Organization of prosecutorial supervision over the observance of the rule of law in the activities of higher educational institutions // Journal "Legal Initiative". 4/2012. http://xn-b1aiui.xn-p1ai/ru/2012/4/6
