International Journal of Law And Criminology
17
https://theusajournals.com/index.php/ijlc
VOLUME
Vol.05 Issue08 2025
PAGE NO.
17-18
10.37547/ijlc/Volume05Issue08-03
Foreign Experience in The Legal Regulation of Social
Protection of Civil Servants and Prospects for Its
Application in Uzbekistan
Avezova Eleonora Paraxatovna
Lecturer at Tashkent state University of law, Department of Administrative and Financial law, Uzbekistan
Received:
09 June 2025;
Accepted:
05 July 2025;
Published:
07 August 2025
Abstract:
This article explores the legal foundations of social protection for civil servants in Japan, China, Germany,
France, and Kazakhstan. Based on comparative analysis, it identifies effective models that can be adapted to the
legal system of Uzbekistan.
Keywords:
Civil service, social protection, foreign experience, legal regulation, Uzbekistan.
Introduction:
The study and application of foreign
experience in the legal regulation of social protection
for civil servants is of significant importance for
improving the efficiency and professionalism of the
public service in the Republic of Uzbekistan. This
determines the relevance and practical significance of
referring to the respective legal models and
mechanisms used in developed countries. The study of
such practices contributes to a deeper understanding
of the diversity of approaches to ensuring the social
protection of civil servants, as well as the possibilities
of their adaptation to national conditions [1].
The legal regulation of social protection for civil
servants abroad is generally integrative in nature,
based on the incorporation of elements from different
legal systems. Such experience is of interest in terms of
identifying its strengths, which may be successfully
applied in reforming the system of social protection in
Uzbekistan [2].
In most foreign countries, issues of social protection for
public officials are regulated by special normative legal
acts covering such key aspects as pension provision, life
and health insurance, as well as the establishment of a
fair remuneration system. A relevant example is Japan,
where the legal status of civil servants is defined by the
National Public Service Act of October 21, 1947 [3].
According to Article 62 of the aforementioned law, the
material support for civil servants is based on their
functional responsibilities and the degree of
accountability. The development and approval of the
relevant plans is carried out by Japan’s National
Personnel Authority in cooperation with the Parliament
and the Cabinet of Ministers. The law regulates the
procedure for calculating salaries, including allowances
for working under special conditions and compensation
for part-time employment [4].
Currently, Uzbekistan lacks a comparable legally
formalized system that regulates the remuneration of
civil servants. In this regard, it would be advisable to
assign the Agency for the Development of Public
Service of Uzbekistan (ARGOS) the responsibility for
developing the relevant plans and ensuring payment
transparency through the verification of payroll records
[5].
Particular attention in Japan is also given to
compensation for harm suffered by officials in the
performance of their official duties. Responsibility for
implementing such measures rests with the National
Personnel Authority. The compensation program
includes payments in cases of temporary or permanent
disability, as well as support for the families of
deceased civil servants [6].
There are no such provisions in the legislation of
Uzbekistan. It is proposed to grant ARGOS the authority
to develop a similar compensation program, subject to
International Journal of Law And Criminology
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International Journal of Law And Criminology (ISSN: 2771-2214)
approval at the level of the President of the Republic of
Uzbekistan [7].
A positive example is also demonstrated by the
legislation of the People's Republic of China, which
provides for a unified wage system covering positions
and ranks. The PRC Law "On Public Service" also
regulates pension provision, insurance, and medical
care for civil servants and their families [8].
For example, public servants in China are entitled to
compensation in cases of disability or death incurred in
the line of duty. Similar provisions should be
incorporated into the legislation of Uzbekistan [9].
China's pension system also provides for flexible
retirement conditions. Despite existing differences in
retirement age between the two countries, it would be
appropriate to consider implementing a flexible
approach, allowing, under certain conditions, for
deferred retirement or transition to part-time
employment [10].
Germany provides another example of a systematic
approach.
The
Federal
Civil
Servants
Act
(Beamtenstatusgesetz) and the Remuneration Act
(Besoldungsgesetz) clearly structure salary levels and
establish rules for compensation for harm suffered in
the line of duty [11].
Germany’s experience may be useful in setting clear
deadlines for submitting compensation claims, which
would ensure legal certainty and enhance the
manageability of the system [12].
The Republic of Kazakhstan also demonstrates a
comprehensive approach. The Law "On Public Service"
and a number of related normative acts regulate not
only remuneration but also the provision of housing
and medical care for civil servants and their families
[13].
A comparative analysis shows that the legislation of
Uzbekistan does not yet provide for regulations
concerning the provision of official housing or the
extension of medical services to family members of civil
servants. Adopting Kazakhstan’s experience could help
address these gaps [14].
In France, the system of social protection for civil
servants is based on the General Statute for Civil
Servants (Statut général des fonctionnaires), which
includes salary grids, bonuses, mandatory health
insurance, as well as various types of leave and pension
benefits [15].
Fran
ce’s experience is noteworthy in terms of defining
salary scales, levels of qualification, and the provision
of full sick leave pay, including for short- and long-term
illnesses. Implementing such provisions in Uzbek
legislation would contribute to enhancing the social
protection of civil servants [16].
In general, the study suggests that integrating
international experience into the legal regulation of
social protection for civil servants can significantly
increase their level of social security and professional
motivation. This, in turn, would positively affect the
functioning of the public service system in the Republic
of Uzbekistan.
REFERENCES
Конституция Республики Узбекистан от 01.05.2023
https://lex.uz/docs/6445147.
National Public Service Act (Japan), 1947.
Beamtenstatusgesetz (Germany), 2009.
National Public Service Act (Japan), Art. 62.
National Public Service Act (Japan), Art. 63
–
67.
Закон Республики Узбекистан «О государственной
службе», 2021.
National Personnel Authority of Japan, Reports 2020
–
2023.
Проект стратегии развития государственной службы
Узбекистана до 2030 года.
Закон КНР «О государственной службе», 2005.
Закон КНР «О государственной службе», ст. 32–
36.
Закон КНР «О пенсиях», 2014.
Besoldungsgesetz (Germany), 2010.
Beamtenversorgungsgesetz (Germany), 2013.
Закон Республики Казахстан «О государственной
службе», 2015.
Закон Республики Казахстан «О жилищных
отношениях», 2006.
Statut général des fonctionnaires (France), 1983.
Code de la sécurité sociale (France), 2022.
