Science and Education in Karakalpakstan. 2023 №2/1 ISSN 2181-9203 319
4. Analysis of the results of the research. The Constitution of the Republic of Uzbekistan, adopted by a referendum in a new edition,
consolidated an essential provision that defines the basic principle of legal regulation in our
country: the Basic Law has the highest legal force, direct effect and forms the basis of a single legal
space [5]. This means that not a single legal act adopted in the country can contradict its principles
and norms. The legislation defines a departmental normative legal act as an official document
adopted by the ministry in a certain form, aimed at establishing, changing or abolishing legal norms
as generally binding state regulations [6].
Departmental law-creativeness is under constant control of the head of state and
government. As part of the implementation of the provisions of the “Concept for improving rule-
creativeness activities” and Decree of the President of the Republic of Uzbekistan PD-6075 “On
measures to improve the business environment in the country through the introduction of a system
for reviewing legislative acts that have lost their relevance” [7], about 500 decisions of the head of
state, as well as more than two thousand acts of government. In accordance with the Decree of the
Cabinet of Ministers dated April 8, 2019, №284 “On organizational measures for the
implementation of the Unified electronic system for the development and approval of draft
regulatory legal acts”, a Unified electronic system for the development and approval of draft
regulatory legal acts (project.gov.uz) was introduced , covering more than two hundred departments
and organizations [8].
Among the main areas for improving the rule-creativeness activity, the following should be
noted:
- wide introduction of the principle of "regulatory guillotine", aimed at reducing the
regulatory burden, ensuring a systematic review and cancellation of acts that have lost their
relevance;
- systematization within the framework of the National Database of Legislation of the entire
array of regulatory legal acts of state authorities in the field;
- improvement of the procedure for adopting regulatory legal acts based on the system for
assessing the regulatory impact of legal acts.
It should be pointed out that today in the system of public authorities there are many entities
empowered to adopt legal acts that extend their effect to a wide range of public relations. In the
legal literature, the law-creativeness activity of the central executive authorities that issue legal acts
on issues within their jurisdiction for the qualitative execution of legal acts of higher legal force is
traditionally referred to as departmental law-creativeness.
Nowadays, after the reorganization of the system of public administration bodies carried out
at the end of 2022 [9], a situation has developed where the uncertainty of the status of central
government bodies in a number of industries raises doubts about their right to departmental law-
creativeness. Thus, paragraph 14 of the current Regulations on the State Customs Committee of the
Republic of Uzbekistan [10] states: the chairman of the committee issues orders, instructions and
other regulatory acts within his competence, including those binding on all individuals and legal
entities, regardless of their form of ownership organizes verification of their implementation. This
means that legally it is a full-fledged subject of departmental law-creativeness. However, structural
subdivisions (which is the Customs Committee within the structure of the Ministry of Economy and
Finance) of the ministries are not entitled to adopt regulatory legal acts (Article 14 of the Law “On
Regulatory Legal Acts”). In this case, several entities (heads of the Tax Committee, the Cadastral
Service, etc.) operate in the structure of the ministry, which have the right to issue departmental
regulatory legal acts, which contradicts the provisions of the Law “On Regulatory Legal Acts”. We
consider it expedient to put things in order in the regulation of relations related to departmental law-