The urgency and relevance of the theme dissertation. Now in the world performed complex of measures to enhance the role and powers of institutes of civil society, including, self-government bodies by partially transferring to them powers of state authorities.
During the days of independence in the country performed important and priority tasks, such as phased transferring a number of powers and tasks of state authorities to self-governing bodies of citizens, initially, resolving social and economic issues, financing and improving municipal services, providing high employment and protecting public interest; improving legislation related to expanding the rights and powers of these bodies within the public and state-building system, transferring mahalla to the center of targeted social support of the population, the developing of private enterprise and family business, expanding the mahalla functions within the system of public control after the activities of state bodies and other important and priority tasks, providing them new powers and conditions'. As a result during the last years more than 30 socioeconomically-directed powers previously held by the public authorities on the ground directly attributed to the powers of mahalla.
Effective realization of the above-stated tasks in the world and in our country determines the need of timely resolution of legislation and law enforcement practice problems such as development of effective mechanisms for the effective implementation conferred on self-government authority, development of legal and policy frameworks transmission self-government bodies some of state bodies powers, widening of rights and public control powers of self-government, ensuring their interaction with public authorities, further improvement of the mechanisms for the implementation of their socio-economical and culture-educational powers. This matters demand studying of scientific bases of current questions, carrying out of special research aimed at developing scientifically substantiated conclusions and practical recommendations about their permission.
This dissertation research to some extent contributes to the enforcement of decisions of the President of the Republic of Uzbekistan on February 27, 2012 №1717 «On State program» Year of the Family», from February 14, 2013 №1920» On State program «Year of wellbeing and prosperity», decisions of the Cabinet of Ministers of the Republic of Uzbekistan dated February 7, 2003 №70 «About the program The Year of mahalla» on October 7, 2013 №274 «About measures on improvement of citizens’ self-government» and other legislative acts.
The aim of research work is to develop proposals and recommendations aimed at further expansion of the powers of self-government, improvement of organizational and legal framework of their activities, the gradual transfer of powers of the state to self-government bodies.
Scientific novelty of the research work is as follows:
the necessity of the basic principles defined in the Law of the Republic of Uzbekistan «On citizens’ self-government» should be supplemented by the following principles such as the «legality», «social partnership», «respect for human rights and freedom»;
developed a proposal for the introduction of a new article entitled «Promotion of citizens self-government business development» in order to assist in the development of private enterprises, in particular family businesses and other crafts in the territory of the citizens’ assembly;
substantiated proposal for the introduction of the Law of the Republic of Uzbekistan «On citizens’ self-government» standards, establishes the definition in legislation Election of chairmen gathering of citizens and their advisers for a period of two and a half years, the rules for the election of chairmen gathering of citizens and their advisors;
the necessity bases termination of powers of the chairman of the citizens’ assembly supplemented by the following: «in the event that for reasons of health or for other valid reasons for a long time can’t fulfill its mandate», «in the case of loss of citizenship of the Republic of Uzbekistan», «if the court acknowledges the missing persons or dead», «in case of his death»;
developed a proposal to the Law «On elections of the chairman (aksakal) gathering of citizens and his advisers» clearly defines smacking Dock prohibits participate in the elections of chairmen gathering of citizens and their advisors of was persons found incompetent by a court due to the fact that the legislation restricted participation of persons on conviction by imprisonment;
the necessity of determining the timing (duration) training and the election of chairmen of citizens gathering and advisors, as well as to clearly define the entity authorized to announce the beginning of the election campaign;
the necessity of a clear definition of the organization of elections of chairmen gathering of citizens and their advisors, as well as the rules of formation of a working group on their implementation;
the necessity of setting clear mechanisms to nominate candidates for chairmen of the citizens’ assembly, in particular the need to take into account the views of citizens residing in the respective territory when nominating candidacy by the working group;
develop proposals on the requirements to be met by the candidates for the position of chairman (aksakal) citizens serving mandatory of citizenship of the Republic of Uzbekistan, as well as a ban on the nomination of persons recognized by the court as disabile as of those previously convicted of serious crimes.
CONCLUSION
The study formulated the following conclusions general theoretical nature, and put forward proposals to improve the legislation and recommendations aimed at the development of law enforcement:
I. Scientific and theoretical conclusions:
Firstly, because of the need for disclosure of the content and meaning of a number of scientific categories, analyzed the existing views on each of them, so that the author on these notions put forward their definition. In particular:
- resulting in a difference of two scientific categories as «local government» and «local authorities», they concluded that there was made the following characteristics: first, the manifestation of democracy; secondly, the manifestation of activities and the opportunity to exercise the right to resolve issues of local significance; Third, one of the foundations of the constitutional system.
- In contrast to the concept of «local government», the term «self-government bodies» reveals itself as an independent democratic self-governing institution. Because local government is not only self governanceset, but also local government, carried out with the participation of state bodies, i.e. in local government also involves government are agencies. Every of their two concepts imply the resolution of local issues related to population and its daily life.
- «Authority» - as one of the key concepts of the scope of the right is a unified system of rights and duties conferred regulatory acts on the public authorities, a certain person (official) or enterprises, institutions and organizations regardless of ownership, as well as self-governing bodies of citizens and other non-profit organizations. In other words, the authority - a kind of implementation of public tasks stipulated by law. Based on the above definitions, we consider it expedient set up content of this concept in the Law «On normative legal acts».
- The social significance of «empowerment» concepts are divided into the following types: basic and advanced. If major powers include the rights and obligations imposed by regulations, the additional half-terms of reference are the legal effects as a result of carrying out a continuation of its powers.
- «The powers of self-government of citizens» - is a holistic system of rights and obligations necessary for the implementation of tasks and functions in the nearconjugated self-government bodies and their officials, respectively sponging legal acts. The powers of these bodies on a circle of activity should be divided into «core competencies» and «additional powers».
- Major powers of citizens' self-government-a system of rights and duties conferred upon them by the relevant regulatory acts.
- Additional powers of citizens 'self-government - a mandate that had been entrusted to the public authorities and in the present moment given to them on the basis of legal acts.
- A circle of subjects engaged in self-government powers should be divided into citizens’ powers: the gathering of citizens Advice gathering of citizens; chairman of the citizens’ assembly; Advisers chairman of the citizens’ assembly; Consultant citizens’ assemblies on religious, spiritual and moral education; Head of public formation «Mahalla posboni» as well as the executive secretary of the citizens’ assembly.
- For the enjoyment of citizens’ self-government powers should be divided into powers in the areas of: social, economic, political, cultural and educational, legal, advocacy, defense and safety, the environment, urban planning and public utilities, as well as public control.
- «The issue of local importance» - is an independent sphere of activity of citizens’ self-government bodies and their officials, aimed at providing decent living conditions to the population in the territory.
- «Public control» - is a system of measures, aimed to encourage citizens, self-governing bodies of citizens, NGO’s and other institutions of civil society to follow rights and freedoms, legal interests of citizens, as well as requirement of legislative acts, to prevent their breach by official aimed to improve activity of those organizations.
- Subjects of public control - citizens self-government bodies, nongovern-mental organizations, political parties and other civil society institutions as well as public commissions, commissions and other public structures created in the manner determined by the legislation.
-The objects ofsocial control - are public authorities, bodies of state and economic management, enterprises, institutions, organizations and their officials.
- International standards in the field of local government called the international legal principles enshrined in international instruments to resolve local issues authorities in the respective territory. In turn, they are divided into general (universal) and regional standards.
- Features of international standards in the sphere of local self-composed of the following: firstly, they secured the authority to manage and control for major public works, pursuing interests and obligations of the population; Second, they contain questions with an independent adjudication solve of local issues; Third, they are fixed questions of the secret ballot on the basis of universal, equal and direct right of choice to local authorities or by providing expression of the will of citizens.
Second, the historical aspect of the improvement of citizens’ self-government has been divided into four periods: 1. Ancient period; 2.Middle ages; 3. The period of the totalitarian regime. 4. The powers of self-government of citizens in the years of independence and modern state.
Third, it is appropriate period of independence, i.e., modern stage of self-bodies and improvement of their authorities to share their powers improvement of the following steps:
- The first stage - (1991-2000) - the initial step involves issues related to constitutional and legal, organizational bases of self-government bodies, as well as the determination of their rightful place in public life and society and the formation of their powers;
- The second stage - the period of active democratic renewal includes a timeline from 2001 to 2010, when the improved performance and authorities of citizens’ self-government;
- The third stage of further improvement activities and powers of citizens’ selfstarting from 12 November 2010 to the present day, includes «formation and development of civil society» in the process of further deepening democratic reforms and development of civil society in the country.
II. Suggestions and recommendations related to the improvement of legislation of the Republic of Uzbekistan:
2.1. About the feasibility of entering into the Constitution of the Republic of Uzbekistan the following changes and additions:
Given the fact that in the second part of Article 8 of the Act states that the self-government bodies are not public authorities consider it appropriate to article 105 of the Basic Law, dedicated to self-government bodies set out in a separate chapter, or make a change in the name of the Head of the XXI century as «Fundamentals of State local authorities and self-government bodies». Because the presentation in Chapter XXI, entitled «Fundamentals of State power» status and activities of citizens self bodies can be understood as including them in the system of state bodies on the ground. Therefore, it is advisable to be dismition this problem one in the Basic Law.
2.2. On the feasibility of introduction of the following changes and additions:
Firstly, despite the definition of mahalla provided by local scientists, none of them is reflected in national legislation. In our opinion, to improve legal basis of mahalla system as a real school of democracy it is crucial to define the nature and scope of the term «mahalla» in legislation.
Secondly, in order to enhance the process of a phased transfer of some state powers of self-government bodies needs to develop a package of measures for a specified period and to clarify the powers which can be transferred to self-government bodies, as a result of the law to supplement a special chapter «The order of transfer of some state powers of self-government bodies».
In this chapter, it will be necessary to identify issues a clear division of powers between state bodies and citizens’ self-government, the order of the transfer of certain powers of public bodies, the role of republic and territorial coordination kengashes in this, as well as rights and obligations of state authorities for some transferred powers.
Thirdly, if you look at Chapter 2, «The powers of the citizens self-government» of the Law, the Articles 11-19 cause some controversy, i.e. incorrectly described the structural and scientific and theoretical aspects. Because according to Article 105 of the Constitution and Article 8 of the Act, self-government bodies are only gatherings of citizens in towns, villages, and villages, as well as in the communities, towns, villages, and villages.
However, the matters set out in Articles (13,14,15,16,17,18,19) of this Chapter are not subject to it. On this basis, it is appropriate to revise the title of Chapter 2 of the Act or the rules laid down in Articles 13-19 to consolidate in a separate chapter.
Fourthly, according to the paragraph of the fifteenth of the first part of Article 11 of the Law of create, reorganize and liquidate (suspended activities) in established order in the relevant territory business entities, including hair salons, repair shops and tailoring of footwear, shop Folk crafts and other organizations of public services. However, an analysis of existing legislation suggests that these issues, which should be implement-ted precisely citizens’ self-authorities found no legal authorization.
Consequently, the matters set out in this paragraph are set out in the form of reference norms, which in turn contrary to Article 24 of the Law «On normative legal acts». Because, according to this article, if necessary in the legal act played some provisions of the normative legal act of higher legal force, with reference to the oneact. On this basis, it is appropriate to define this reference rules.
Fifth, article 19 of the Act provides that the decisions of citizens' self-government and their officials, adopted within their authority are binding on citizens residing in the respective territory, legal entities located in the respective territory, as well as their officials. Failure to fulfill decisions ofgovernance bodies and their officials shall incur liability in accordance with law. However, an analysis of the existing legislation reveals the absence in it of responsibility for non execution-performance or improper performance of the citizens’ self-government solutions and their officials.
Similar issues are set out in article 19 of the Law with reference rules. Therefore, in order to ensure the implementation of the reference rules recommended in the Code of Administrative Responsibility to make an article entitled «Failure to fulfill execution of decisions of citizens and their officials».
Sixth, in Article 26 of the Act to fix the rate that the property of the citizens and governments is the property transferred free of charge by countries, governments, international and foreign organizations as well as international and foreign nongovernmental organizations included in the list determined by the Government of the Republic of Uzbekistan.
Seventh, as a result of indepth scientific analysis of authority in every area of self-government bodies, we consider it appropriate to make the following powers:
7.1. In the social sphere:
- securing the rights of persons with disabilities and promoting their social 85iquida-tion;
- conducting measures to combat the spread of AIDS; protect the rights, freedoms and legitimate interests of contracting the disease; providing legal, methodical, information and other assistance to them and their legal representatives; as well as the organization and carrying out outreach work among the population on the basis as local customs and traditions in the prevention of HIV infection;
- participation in attracting people to the free donation of blood or its component parts, the promotion of various forms of donation, organizing broad media education, as well as participate in other activities aimed at the development of blood donation and it is a part;
- participation in the health care of the population.
7.2. In the political sphere:
- assistance in providing free spaces equipped for meetings with voters, with the necessary information materials and information of candidates for deputies of the Legislative Chamber of Oliy Majlis of the Republic of Uzbekistan, the public, deputies’ councils of provinces, districts and cities, in political parties, as well as President of the Republic of Uzbekistan;
- carrying out propaganda work on the set for the referendum;
- in accordance with the second part of Article 2 of the Law of the Republic of Uzbekistan «On appeals of individuals and legal persons» in the area of calls in relation self-government institutions are governed by the procedure established by law is highly-conductive. However, the Model Regulations on the procedure of work with references of physics and legal persons in government and government-instituted approvedby the Cabinet of Ministers of the Republic of Uzbekistan on March 31, 2015 № 73 order not order treatment in the self-government bodies. In this regard, due to elimination of ambiguities in the proposed model law on Provisions on the treatment of natural and legal persons in the self-government bodies.
7.3. In the cultural and educational sphere:
- participation in activities for the protection, conservation, promotion and use of the intangible cultural heritage;
- assistance in carrying out measures for the protection, preservation and promotion of the objects of archaeological heritage;
- participation in the development of physical education and sport, in particular full cooperation to the development of national sports and folk games of Uzbekistan, creation of necessary conditions for their distribution among the population and contribute to strengthening their prestige on the international arena, to create conditions for living and recreation of citizens with the involvement of experts in this area, humanization systems of physical education, physical perfection and physical training by organizations involved in physical education and sports of disabled persons and other persons with disabilities.
7.4. In the field of legal advocacy, defense and security:
- development and implementation of measures aimed at preventing administrative offenses, identify and eliminate the causesand conditions of their fulfillment, education conscious, disciplined citizens in the spirit of respect for the Constitution and laws of the Republic of Uzbekistan;
- identification and prevention of major administrative provided for in Articles 56, 101, 104, 105, 106, 183, 184, 1841, 1842, 1843 185, 1851 186, 186* 187, 188 188*, 1882 189 1891, 190, 191, 200, 2001, 201, 202, 2021, 223, 240, 241 of the Code of administrative responsibility of managers and members of the public forces of «Mahalla posboni»;
- assisting border forces, air defense forces and public administration bodies responsible for the supervision on the state border, provide them with necessary information, as well as the creation of conditions for the participation on a voluntary basis in protecting citizens and the protection of the state border;
- facilitate and necessary assistance to state bodies, carrying out activities to combat terrorism;
- facilitate and necessary assistance to state bodies, carrying out activities to combat trafficking in human beings;
- assist the emergency services and rescue teams in the performance of works on 87iquidation of emergency situations, including providing them with the necessary transport and material funds from after-blowing compensation in the prescribed manner;
- contribute to the state authorities in the field, especially Authorized Person state bodies proposals for implementing measures and improvement of normative-legal acts and normative documents.
7.5. In the field of ecology, urban planning and municipal sphere:
- consolidation Act powers in the field of environmental control;
- participate in decisions regarding placement of waste management facilities in the relevant territory; as well as to assist the sanitary cleaning of settlements and timely payment for the collection of household waste;
- independently resolve environmental issues;
- summarize the needs of citizens for water to irrigate gardens and homestead land, to conclude treaties on water consumption and water use prescribe the procedures between them, as well as to organize repair and restoral work on the irrigation networks, in addition, to resolve disputes on water use and water consumption;
- transfer to the bodies of citizens’ self-one percent of the board for utilities (gas, water, electricity and waste) services to persons living in the relevant territory and exempt from charges for public utility services bodies citizens;
- participate in discussions and decision-making in the field of activities;
- to apply to the appropriate district, city administration by name or change the name of part (mahalla, avenues, streets, squares, parks, gardens) settlements 7.6. In the sphere of public control:
- fully opened mechanism for conducting surveys;
- as needed each year to hear the information about the state of law and the fight against crime prosecutors;
- quarterly to hear reports on the work carried out by regional inspectors prevention law-enforcement bodies and the results of decisions;
- quarterly hear the report of the chairman of the citizens’ assembly on the implementation of the work;
- scientific and theoretical results show that the issues of hearing citizens’ self-re-porting agencies are a form of social control, carried out by them. On this basis, it is proposed in Article 16 of the Act to fix the rate of the quarterly hearing of reports on issues of local importance in the manner prescribed by law;
- fully opened mechanisms of public control over the observance of rights and lawful interests of business entities;
- implementation of public control over radiation safety, compliance with fire safety requirements, restrictions and consumption of alcohol and tobacco products, the performance of the state, territorial and other programs in the field of prevention of its negative effects;
- implementation of public control over the implementation of standards and quality assurance regulations and food safety;
2.3. Proposals and recommendations aimed at improving the national legislation on the basis of international legal instruments and experience of foreign countries:
Firstly, conducted a scientific analysis of the international legal instruments in the field of self-government bodies, scientifically proved the possibility of improving the national legislation the following standards:
- to clarify the concept of «local issue»;
- in order to participate in the socio-economic development of the territory and to ensure the protection of public health, to make a separate authority to the interaction with the health department, located on the respective territory;
- premature termination of the term of office of the chairman of the citizens’ assembly in cases when invalidated elections held on the basis of an enforceable court decision; if mahalla eliminated; if at the same time engaged in other activeties;
- in a separate article to fix the rate that the chairman of the citizens’ assembly during the period of its activity can not carry out other paid activities, except for scientific and pedagogical activity.
Secondly, analyzed the scientific and theoretical aspects of the legislative experience of local foreign countries, as a result came to the conclusion that the implementation into national law the following powers:
- assist the tax authorities in the collection of taxes (property, land, etc.) And other obligatory payments (Germany);
-justified proposals and recommendations on what is needed in a number of key tasks of republican Advice on coordination will include the transfer of some of the tasks and powers of the state bodies of citizens’ self-bodies (Brazil);
- implementation on a contractual basis of certain joint powers of citizens’ self-government (Lithuania);
- development of integrated measures in the field of socio-economic development and the organization of their execution; maintain a list of statistical on the socio-economic development and their transfer to the relevant authorities in the manner prescribed by law (the Russian Federation);
- consideration of the proposals and recommendations of citizens in law-making on local issues and the transfer of their respective organizations (Belarus);
- conducting local surveys among the population on local issues and their resolution (Lithuania, Azerbaijan);
- It is advisable to fix in the law defining the concept of «authorities of self-government bodies» (Kyrgyzstan).
2.4. It is advisable to improve following some legislative acts on the basis of the insertion in the Law' of amendments and additions:
- The Law «On health protection of citizens» to make the article «Participation of citizens ’ self-government bodies in the sphere of health protection of citizens»;
- The Law «On ensuring employment» add article «The participation of citizens in government bodies providing employment»;
- The laws «On elections to the Oliy Majlis of the Republic of Uzbekistan» and «On elections of the President» to make the issue of the provision of Civil Society
in the district election commission candidates a member of the precinct election commission;
- The Law «On Environmental Protection» to make the article «Participation of citizens ’ self-government bodies in the field of nature protection»;
- The Law «On Air Protection» add article «Participation in the area of air protection of citizens ’ self-government»;
- The Law «On quality and food safety» to make a new article «Theparticipation of citizens ’ self-government bodies in the sphere of quality assurance and food safety»;
- The laws «On guarantees of freedom of entrepreneurship» and «On the family business» to make provisions that provide «self-government bodies exercise public control over observance of the rights and lawful interests of business entities»;
- The Code of administrative responsibility to make a new article «Failure to fulfill the decisions of citizens ’ self-government and their officials».
III. Need for a phased transfer of these tasks and powers of the state to self-government bodies:
- to recommend to the government awarding public citizens’ gathering of activists and citizens living on its territory;
- implementation of public control over observance of legislation on the tax and the promotion of the state tax service in the fight against tax offenses;
- to set reasoned submission if the work of radio electronic facilities and high frequency devices has a negative impact on the quality of communication of other users or harmful effects on citizens’ health and the environment;
- to take part in a national discussion of the bill, to organize related activities, as well as to provide suggestions and recommendations on the draft law during the period of the referendum;
- participate in the preparation of normative-legal acts;
- to conduct the primary statistics on the population on its territory;
- to carry out joint monitoring by conduction of residential inspections and non-residential facilities, the identification number of their inhabitants, conduct of registration of citizens’ who are not accounted for, especially minors, enhance record keeping internal and external migration, charge a fee for utilities;
- representation in the bodies of internal affairs information about the behavior of persons released from prison;
- conducting opinion polls among the population.