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Original Research
PAGE NO.
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10.37547/tajpslc/Volume07Issue02-09
OPEN ACCESS
SUBMITED
24 December 2024
ACCEPTED
26 January 2025
PUBLISHED
28 February 2025
VOLUME
Vol.07 Issue02 2025
CITATIO N
Ulugbek Ahunov. (2025). Legal mechanisms for organizing prosecutorial
supervision over the implementation of legislation on food security and
their improvement. The American Journal of Political Science Law and
Criminology, 7(02), 36
–
47.
https://doi.org/10.37547/tajpslc/Volume07Issue02-08
COPYRIGHT
© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.
Legal regulation of
prosecutorial oversight of
food safety legislation in
the republic of Uzbekistan
Ulugbek Ahunov
Independent Researcher at the Academy of Law Enforcement of the
Republic of Uzbekistan
Abstract:
This article examines the improvement of the
legal foundations of prosecutorial oversight in enforcing
food safety legislation in Uzbekistan, as well as
international legislative practices in this area. Through a
comprehensive analysis, recommendations have been
developed to enhance the legal framework for ensuring
effective prosecutorial oversight of food safety
legislation implementation.
Keywords:
Food safety, rule of law, prosecutorial
oversight, legal framework, international experience,
improvement.
Introduction:
The further development of the legal
framework for prosecutorial supervision over the
enforcement of food safety legislation, based on a
systematic analysis, will contribute to enhancing the
effectiveness of prosecutorial oversight in this domain.
Without an in-depth examination and analysis of
legislative acts regulating food safety, it is impossible to
ensure effective prosecutorial control in this area.
Legal scholars V.B. Yastrebov and V.V. Yastrebov assert
that the Constitution and the Law on the Prosecutor's
Office serve as the primary legal foundation for
prosecutorial activities. However, we believe that this
viewpoint does not fully reflect the legal reality, as the
legal basis for the prosecution's activities also includes
other normative documents directly related to the work
of the prosecutor's office.
The legal framework for prosecutorial supervision over
the enforcement of food safety legislation is
undoubtedly closely linked to the legislative acts
regulating prosecutorial activities. The primary legal
instrument governing this area is the Law of the
Republic of Uzbekistan "On the Prosecutor's Office."
According to Article 3 of this Law, the organization and
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operational procedures of the prosecutor's office, as
well as its powers, are determined by the Constitution
of the Republic of Uzbekistan, this Law, and other
legislative acts.
It is evident that these normative legal acts constitute
the legal basis for prosecutorial supervision over both
the activities of the prosecutor’s office and the
enforcement of laws, including those related to food
safety.
Since the early years of Uzbekistan’s independence,
special attention has been given to the issue of food
security, leading to the formation of a regulatory and
legal framework. Among these normative legal acts,
significant importance is attributed to the Presidential
Decree of Uzbekistan dated January 16, 2018, "On
Measures for the Further Assurance of National Food
Security" and Resolution No. PP-113 of April 5, 2023,
"On Additional Measures to Expand and Support the
Production, Processing, and Sale of Agricultural
Products in 2023."
Although these resolutions provide for the
development of a draft Law "On Food Safety," this law
has not yet been enacted. Instead, food supply
management has been conducted within the
framework of agricultural development programs
approved at various levels, while a comprehensive
legislative act specifically aimed at ensuring food
security has yet to be adopted.
Given these circumstances, the adoption of a Law "On
Food Safety" is essential for the maximum unification
of normative legal acts in the field of food safety.
Russian scholar D.Kh. Kasimov also considers the
absence of a specialized federal law "On Food Safety in
the Russian Federation" to be a significant legislative
gap, in addition to the lack of a comprehensive
doctrine on food security.
On a global scale, the mandate for ensuring food
security was adopted in Rome in 2005 during the 127th
session of the Food and Agriculture Organization (FAO)
of the United Nations. Furthermore, on September 7,
2023, in Samarkand, the Global Declaration on Food
Security was adopted.
Currently, the absence of a unified state div
responsible for food security in Uzbekistan, the lack of
clearly defined powers and responsibilities, and the
absence of a structured food balance system pose
serious threats to national food security. In 2022, fruit
and vegetable production, along with potatoes and
melons, was reported at 101.3% completion, valued at
$2.9 billion. Imports of agricultural products amounted
to $100 million, reflecting a 37% increase compared to
the previous year ($755 million) and a 130% increase
compared to 2017 ($1.2 billion/$2.9 billion).
In countries such as the United Arab Emirates, China,
Azerbaijan, Turkmenistan, Tajikistan, Kyrgyzstan, and
Armenia, food safety regulations are established
through specialized legislative acts, which also define
the mechanisms of state control in this sector.
Additionally, at the 14th Plenary Session of the
Interparliamentary Assembly of the CIS on October 16,
1999, the Model Law "On Food Safety" was adopted,
serving as a guideline for harmonizing food safety
regulations across the Commonwealth of Independent
States.
Article 12 of the Law of the Republic of Turkmenistan
"On Food Safety" (as amended on November 23, 2016)
establishes the framework for state control over food
safety. According to this provision, state oversight in this
field aims to ensure the population's access to essential
food products and raw materials, as well as to
implement national food security programs. Under this
law, responsibility for food safety control is assigned to
the Cabinet of Ministers of Turkmenistan, specialized
food safety authorities, and other authorized state
agencies.
Consequently, ensuring uniform and consistent
enforcement of food safety legislation throughout the
Republic of Turkmenistan is entrusted to the
prosecutor’s office, alongside other authorized state
institutions.
In Russia and Belarus, food security issues are addressed
through dedicated national doctrines, which provide a
strategic foundation for regulatory frameworks in this
field.
In our view, the effectiveness of prosecutorial oversight
in food safety regulation largely depends on the clear
delineation of the rights and responsibilities of
organizations involved in this domain. Including such
precise definitions in the draft Law "On Food Safety"
would significantly enhance legal clarity and
administrative accountability.
Additionally, the adoption of a unified law on food
safety would facilitate the establishment and
continuous improvement of an early warning system
and a monitoring platform to identify, assess, and
manage risks arising from natural and technological
disasters, global political and economic crises,
pandemics, military conflicts, and other adverse events
affecting food security.
Ensuring food safety is a fundamental component of
regulatory control over entrepreneurial activities in
agriculture and the food industry, covering the entire
supply chain from producers to end consumers.
A comprehensive regulatory act would allow for the
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harmonization and systematization of legal norms,
consolidating food safety regulations into a single
document and achieving a holistic legal framework in
this field.
This necessity is supported by 55% (2,577 out of 4,680
respondents) of participants in a public opinion survey,
who emphasized the urgent need for a unified Law "On
Food Safety."
Legal Framework for Prosecutorial Oversight of Food
Safety Legislation in Uzbekistan
The legal framework for prosecutorial oversight in food
safety in Uzbekistan can be broadly categorized into
general and specialized legislation.
•
General legislative framework regulating food
safety includes:
o
The Civil Code of the Republic of Uzbekistan,
o
The Tax Code,
o
The Land Code,
o
Laws "On Competition," "On Consumer
Protection," and "On Measures to Ensure Public Access
to Certain Types of Food Products."
•
Specialized legislative acts in food safety
include:
o
The Law "On the Quality and Safety of Food
Products" (1997),
o
The Law "On Breastfeeding Promotion and
Requirements for Infant Food Products" (2019),
o
Presidential Decrees:
▪
"On Measures to Further Ensure National
Food Security" (2018),
▪
"On
Fundamental Reforms
in
State
Management of Technical Regulation" (2021).
o
Resolutions:
▪
"On Measures to Organize the Activities of
the Uzbekistan Technical Regulation Agency under the
Ministry of Investments and Foreign Trade" (2021).
Challenges in Government Oversight of Food Safety
Legislation in Uzbekistan
We would like to outline several key considerations
regarding the role of governmental authorities in
ensuring compliance with food safety legislation.
As is known, the Inspection for Supervision of the Agro-
Industrial Complex and Food Safety under the General
Prosecutor's Office of the Republic of Uzbekistan was
established by Government Resolution No. PP-3699
(May 7, 2018), titled "On Measures to Organize the
Activities of the Inspection for Supervision of the Agro-
Industrial Complex and Food Safety under the General
Prosecutor’s Office of the Republic of Uzbekistan
."
However, this document was repealed on March 16,
2019.
Subsequently, by Presidential Decree No. PP-4241
(March 15, 2019), the Inspection for Supervision of the
Agro-Industrial Complex under the Cabinet of Ministers
was established, effectively transferring responsibilities
from the prosecutor’s office to the executive branch.
As a result, the function of prosecutorial oversight over
food safety enforcement was abolished, leaving the
newly created inspection with the limited role of
supervising food production and storage rather than
ensuring compliance with food safety laws.
Further changes were introduced by Presidential Decree
No. PP-5006 (February 24, 2021), titled "On Additional
Measures to Improve the System of Agricultural Land
Use and Protection." Under this decree:
•
State
control
over
agricultural
land
management and protection was transferred to the
Ministry of Agriculture.
•
Effective March 1, 2021, the Department of
State Control over Agricultural Land Protection and its
regional branches were established under the Ministry
of Agriculture, replacing 110 positions within the Agro-
Industrial Complex Inspection under the Cabinet of
Ministers.
Additionally, Presidential Decree No. PF-14 (January 25,
2023), titled "On Urgent Organizational Measures for
the Effective Functioning of Executive Authorities,"
transferred the Inspection for Supervision of the Agro-
Industrial Complex from the Cabinet of Ministers to the
Ministry of Agriculture.
However, assigning food safety oversight functions to
the Ministry of Agriculture, which is also responsible for
maintaining the country’s food reserves, raises concerns
regarding impartiality and independence. Since the
same entity is both the regulator and the executor of
food security policies, this structural arrangement may
lead to conflicts of interest, undermining objectivity in
food safety control.
Given that the Ministry of Agriculture and its regional
and district offices are responsible for maintaining
records on the planting and allocation of food crops, we
believe that transferring state control over the use of
agricultural land to the Ministry of Agriculture is not
advisable. The reason for this is that the ministry lacks
the necessary mechanisms to verify the accuracy of its
own reports regarding the full-scale planting and
cultivation of food crops.
As a result, violations such as partial planting of food
crops and falsification of records have become
widespread in the country.
For example, during the 2022
–
2023 autumn-winter
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period, an additional 53,000 tons of food products
were declared as stockpiled reserves, raising concerns
about the accuracy of official data.
The concentration of both executive and supervisory
functions within a single ministry and the withdrawal
of the prosecutorial authority from its oversight role
have negatively impacted prosecutorial control in food
safety regulation.
For instance, although the Ministry of Agriculture,
which oversees food production, employs 1,485
officials, alongside 9,349 governor’s assistants, 644
employees of farmers’ councils, and a total of 11,478
inspectors, only five cases of legal violations related to
inefficient land use were referred to the prosecutor's
office over the past three years.
Among prosecutorial employees who participated in a
public opinion survey, 3,557 respondents (76%)
expressed support for removing food safety control
agencies (agricultural inspection, veterinary, and
quarantine services) from the state administration
system to enhance independent oversight.
Proposed Reform of the Oversight System
To ensure greater independence and objectivity in
oversight, we propose:
1.
Transferring state control over the planting,
cultivation, and proper use of allocated agricultural
lands from the Ministry of Agriculture to
"UzAgroInspection".
2.
Removing "UzAgroInspection" from the
structure of the Ministry of Agriculture and granting it
the status of an independent supervisory authority.
This structural reform would:
•
Clearly separate executive and supervisory
functions,
•
Enhance the independence and objectivity of
the oversight div,
•
Improve the quality of prosecutorial control
over regulatory agencies.
Regulatory Gaps and Challenges in Agricultural
Oversight
The current legal framework imposes administrative
barriers that hinder effective monitoring of agricultural
land use.
For instance, under existing legislation, any inspection
regarding the targeted and rational use of agricultural
land must be notified in advance to the Commissioner
for the Protection of the Rights and Legal Interests of
Business Entities.
This requirement negatively affects both the
prevention of violations and the enforcement of
effective land-use regulations.
In particular:
•
Clause 13 of Annex 2 of Presidential Decree No.
PF-5490 (July 27, 2018) states that control over the
targeted use of land by legal entities and compliance
with agricultural production requirements (e.g., cotton,
grain) must be conducted with prior notification to the
Commissioner.
•
Article 83-1 of the Land Code establishes that
state control over land registration, unauthorized land
occupation, and illegal construction does not qualify as
an inspection of business activities.
•
However, since only these three types of land-
related violations are explicitly listed, any investigation
into the targeted and efficient use of land must still be
notified
to
the
Commissioner,
creating
an
administrative burden.
Consequences of the Current Regulatory Framework
Due to the fear of administrative penalties, some
regulatory officials avoid identifying, documenting, and
addressing violations of food safety legislation.
•
In 2022, 815 agricultural inspectors were
subject to administrative penalties for violations related
to inspection procedures.
•
In 2020, a total of 65,700 land-related violations
were recorded, but this figure decreased by 87% in the
following year to 8,400 cases, likely due to
underreporting or reluctance to investigate.
Legislative Amendments Needed
To address these challenges, it is necessary to:
1.
Amend Article 83-1 of the Land Code to clarify
that assessments of targeted and efficient land use
should not be classified as business inspections.
2.
Modify Presidential Decree No. PF-5490 to
remove notification requirements for land-use
investigations, thereby strengthening regulatory
enforcement and compliance mechanisms.
These legal amendments would:
•
Enable more effective monitoring of agricultural
land use,
•
Reduce administrative obstacles for regulatory
agencies,
•
Enhance prosecutorial oversight in food safety
and land management.
Legal scholar N.D. But emphasizes in his research that
the Constitution of the Russian Federation, federal
constitutional laws, presidential decrees, government
resolutions, and orders of the Prosecutor General
constitute
the
primary
legal
framework
for
prosecutorial oversight. Another researcher, A.I.
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Grebennik, highlights that the main legislative act
regulating prosecutorial control is the Federal Law of
January 17, 1992, No.
2022 "On the Prosecutor’s Office
of the Russian Federation," which defines the scope of
prosecutorial control, while the second most
important documents are the orders of the Prosecutor
General.
While we agree with N.D. But that the orders of the
Prosecutor General serve as a foundation for the legal
regulation of prosecutorial oversight, we do not fully
concur with his assertion that instructions issued by
the Prosecutor General serve as an independent
regulatory mechanism.
Orders of the Prosecutor General in the Field of Food
Safety Oversight
Several orders of the Prosecutor General explicitly
outline the objectives of prosecutorial oversight in
ensuring compliance with food safety legislation in
Uzbekistan.
For instance, Clause 7 of the Regulation "On the
Department for Supervision over the Implementation
of Legislation on the Development of the Agricultural
and Food Sectors of the General Prosecutor’s Office of
the Republic of Uzbekistan," approved by Order No.
233 of the Prosecutor General of Uzbekistan (May 25,
2021), assigns the Department the responsibility of
ensuring strict compliance with legal acts governing
the agricultural and food sectors. This includes
monitoring the execution of decisions and work plans
of the General Prosecutor’s Office, ord
ers, resolutions,
and instructions of the Prosecutor General, as well as
developing
and
implementing
comprehensive
measures to enhance food safety.
Similarly, under Order No. 261 of the Prosecutor
General (March 10, 2022), direct oversight of
compliance with agricultural and food safety
legislation in the city of Tashkent was assigned to the
Department for Supervision over the Implementation
of Legislation on the Development of the Agricultural
and Food Sectors of the General Prosecutor’s Office.
Furthermore, several normative legal acts, including
Resolution No. 85/8 of the Cabinet of Ministers
(February 23, 2023), delegate responsibility to the
Department within the General Prosecutor’s Office for:
•
Establishing food reserves,
•
Preventing panic and food shortages in
markets,
•
Ensuring the stability of food supply chains.
Additionally, Presidential Decree No. PF-5446 (May 23,
2018), titled "On Measures for the Fundamental
Improvement of Budget Efficiency and the
Enhancement of Mechanisms for Combating Economic
Crimes," authorizes measures to:
•
Identify and suppress unlawful activities related
to artificial price inflation on socially significant food
products (e.g., locally produced vegetable oil, flour,
meat, sugar), as well as cotton meal and husk.
•
Counteract market shortages and artificial
demand surges.
•
Combat corruption in the procurement, supply,
and distribution of food products, cotton meal, and husk
from centralized resources.
•
Investigate violations of legal mechanisms for
food pricing and distribution.
•
Conduct systematic research on food market
trends.
However, since these requirements are not explicitly
reflected in the orders of the Prosecutor General, we
consider it necessary to clearly define the procedures
and scope of control functions assigned to the
Department responsible for enforcing food safety
legislation through an official order of the Prosecutor
General.
Strengthening Prosecutorial Oversight of Regulatory
Agencies in Food Safety
An essential aspect of prosecutorial oversight in food
safety legislation enforcement is enhancing control over
the activities of regulatory bodies in this sector.
In a public survey, 1,024 respondents rated the
performance of food safety regulatory bodies as low,
while 1,532 respondents assessed it as average.
Clause 8.3 of Order No. 160 of the Prosecutor General
(November 7, 2017), titled "On Further Increasing the
Effectiveness of Prosecutorial Oversight in Agriculture,"
explicitly instructs prosecutorial authorities to
strengthen control over regulatory bodies in the
agricultural sector.
Under Resolution No. 575 of the Cabinet of Ministers of
Uzbekistan (July 12, 2019), the agricultural inspection
agency is tasked with ensuring compliance with
requirements for forming agricultural and food product
reserves in volumes aligned with state procurement
plans.
However, as outlined earlier, without addressing gaps in
legislation and enforcement practices, agricultural
inspection agencies will remain unable to fully execute
their supervisory functions.
The Role of Digitalization in Prosecutorial Oversight
Digitalization plays a crucial role in strengthening
prosecutorial oversight over the enforcement of food
safety legislation in the agricultural sector.
The introduction of digital monitoring systems,
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automated data collection, and blockchain-based
traceability mechanisms can significantly:
•
Enhance
transparency
in
food
safety
regulation,
•
Improve the efficiency of land-use monitoring,
•
Prevent data manipulation in agricultural
reporting,
•
Facilitate real-time detection of violations in
the food supply chain.
By integrating modern digital solutions into
prosecutorial oversight, Uzbekistan can increase the
effectiveness of legal control mechanisms and align its
food safety governance with international best
practices.
In recent years, several legal frameworks have been
established to enhance prosecutorial oversight in food
safety regulation.
For instance, on December 17, 2020, the Cabinet of
Ministers of the Republic of Uzbekistan adopted
Resolution No. 794, titled "On Measures for the
Development of the Agro-Industrial Complex and the
Digitalization of Agriculture." This resolution mandated
the creation of the Agro-Industrial Digitalization Center
LLC under the Ministry of Agriculture.
Furthermore, Cabinet Resolution No. PP-257 (August
2, 2023), titled "On Measures for the Implementation
of Advanced Digital Technologies in the Agro-Industrial
Complex," introduced the AgroPlatform information
system, which aims to:
•
Establish a unified register of agricultural
producers,
•
Generate an electronic passport for each land
user and assign a unique identification number,
•
Update agricultural producer data annually by
March 15,
•
Digitally map and approve crop placement
plans for the upcoming harvest season,
•
Transition all document exchanges between
agricultural producers and service providers to
electronic formats.
Additionally, Cabinet Resolution No. 330 (August 3,
2023), titled "On Additional Measures for the
Implementation of Advanced Digital Technologies in
the Agro-Industrial Complex," approved Regulations
on the Use of the IT System 'AgroPlatform.' These
regulations define:
•
The functions and objectives of the system,
•
Information exchange protocols among
system participants,
•
User rights and responsibilities,
•
Registration procedures,
•
Rules for electronic document exchange and
technical service provision.
Clause 7 of the Regulation on the Department for
Supervision over the Implementation of Legislation on
the Development of the Agricultural and Food Sectors of
the General Prosecutor’s Office of Uzbekistan, approved
by Order No. 233 of the Prosecutor General (May 25,
2021), assigns the Department the responsibility of
overseeing the implementation of legislation related to
accelerating digitalization in the agricultural sector.
As a result of these legal initiatives, several digital
information systems have been developed for the agro-
industrial complex and food security, including:
•
AgroPlatform
•
UzCad
•
Argis
•
Electronic Land Monitoring
•
Geo-Information System
•
Electronic Leasing
•
Electronic Decision-Making System
•
Electronic Auction
•
AgroSubsidies
Challenges in Implementing Digital Solutions in Food
Security Oversight
Despite their potential benefits, none of these
electronic systems have been fully implemented in
practice. A key issue has been the failure to timely
upload primary data into these digital platforms,
resulting in difficulties in crop placement planning and
forecasting food production levels.
To overcome these challenges, it is necessary to amend
existing legal frameworks to:
•
Ensure
integration
between
different
information systems in the food security sector.
•
Connect these systems to the prosecutorial
information network for improved oversight.
Prosecutorial Oversight and Legal Gaps in Monitoring
Food Safety Compliance in Farms
One of the primary challenges in prosecutorial oversight
of food safety compliance is the lack of a comprehensive
legal framework for monitoring food safety practices in
farms and agricultural enterprises.
Over the past three years, under two Presidential
Resolutions:
•
Resolution No. PP-20 (November 23, 2021), "On
Measures
for
the
Development
of
Family
Entrepreneurship in Horticulture and Viticulture and
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Increasing the Share of Smallholder Farms in
Agricultural Production,"
•
Resolution No. 373 (September 10, 2022), "On
Additional Measures to Increase Household Incomes
by Supporting the Establishment of Smallholder
Farms,"
approximately 200,000 hectares of fertile cotton and
grain lands have been leased to smallholder farms
through an open electronic auction system for the
cultivation of food crops.
However, due to legal loopholes in the regulation of
electronic auctions and the verification of uploaded
data, these reforms have presented significant
challenges for prosecutorial oversight.
Prosecutorial Investigations and Fraudulent Practices
in Electronic Auctions
In 2023, the prosecutor’s office initiated 61 criminal
cases involving fraudulent practices in electronic
agricultural land auctions. These cases involved
auction winners who submitted deliberately false
information into the electronic bidding system,
including individuals:
•
Falsely claiming eligibility for land allocation,
•
Not registered in any of the four categories of
social benefit records,
•
Not classified as labor migrants.
Recommendations for Strengthening Digital Oversight
in Agricultural Land Allocation
To prevent such violations, we propose amending the
existing legal framework to:
1.
Mandate the verification of applicant data
using an electronic digital signature issued by the
mayor’s assistant or a youth leader.
2.
Establish
stricter
digital
authentication
mechanisms to reduce fraudulent submissions.
By enforcing stricter verification measures, cases of
data falsification in electronic land auctions can be
significantly reduced. As a result, this will:
•
Improve transparency in land allocation,
•
Strengthen prosecutorial oversight at the local
level,
•
Enhance the overall effectiveness of food
security governance.
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