Science and Education in Karakalpakstan. 2023 №2/1 ISSN 2181-9203
317
UDK
: 340.6
MODERN MODELS OF DEPARTMENTAL LAW-
CREATIVENESS
Tulteev I.T.
1
, Khasanov A.V.
2
1
Doctor of Law science, Professor of the Department of Theory of State and Law, Tashkent State
University of Law,
2
Main Department of Internal Affairs Tashkent city, head of department
Summary:
The article analyzes the current state and ways to improve the quality and
efficiency of departmental law-creativeness in the conditions of New Uzbekistan, characterizes the
modern model of departmental law-creativeness, and considers the prospects for its further
development. The authors offers recommendations for improving the model of departmental law-
creativeness, substantiates the criteria for determining its limits.
Keywords:
legislation, departmental law-creativeness, model of law-creativeness, quality
and efficiency of law-creativeness, limits of departmental law-creativeness.
1. Introduction.
In 2018, the Decree of the President of the Republic of Uzbekistan approved the “Concept
for improving rule-creativeness activities” [1]. This document sets out the tasks of eliminating
outdated mechanisms, reviewing and regulating general legislation that
is inactive and does not
affect law enforcement. Particularly noted is the abundance of by-laws, incl. departmental
regulatory legal acts (hereinafter referred to as LA), which negatively affects the quality and
effectiveness of legal regulation, leading to the regulation of public relations mainly by sub-laws.
The current practice of departmental law-creativeness is recognized by the document as negative.
Such an assessment as a whole characterizes the real state and
results of departmental law-
creativeness, its level and quality.
On January 28, 2022, by the Decree of the President of the country, the Development
Strategy of New Uzbekistan for 2022–2026 was approved, which provides for a number of
measures to modernize
rule-creativeness processes, ensure the quality and efficiency of rule-
creativeness activities. Among such measures is the development of the Concept for the
Development of the Legislation of the Republic of Uzbekistan [2]. The task was set to reduce the
circle of state bodies that have the authority to adopt departmental regulatory legal acts, and to
optimize the number of such acts.
As you can see, there are enough problems and issues that require scientific understanding
and analysis. Of course, this issue has previously been the subject of research by both domestic and
foreign scientists. Most experts characterize departmental lawcreativeness
as a special type of
rulecreativeness carried out by central executive authorities (Kh.T. Adylkariev, Yu.G. Arzamasov,
Z.M. Islamov, M.A. Akhmadshaeva, N.N. Chervyakov, V.V. Chernikov, N.S. Shmakova and
others).
Also in legal science there is a position [3], according to which
a phased rejection of the
practice of adopting departmental regulatory legal acts is necessary. In our opinion, one cannot
agree with this approach, since the rejection of departmental legal acts,
and hence departmental law-
creativeness, will lead to a decrease in the effectiveness of legal regulation. Departmental law-
creativeness should be placed under strict parliamentary and public control, its subject, content and
boundaries should be clearly defined, but it cannot be abandoned for many reasons.
Proceeding from this, we consider the task of theoretical research of the legal characteristics
of the modern model of departmental law-creativeness, clarification of its content and definition of