Constitutional reforms serve to improve the activities of local Kengashes
In the context of reforms implemented in recent years, special attention is paid to increasing the role of local Kengashes of people's deputies in governance.
In the message of the President of the Republic of Uzbekistan Sh. Mirziyoyev to the Oliy Majlis dated December 29, 2020, initiatives were also put forward to reform the activities of representative bodies of authority at the local level, to further strengthen and improve the foundations of their activities[1].
Based on these initiatives, a legal framework for improving and monitoring the activities of local Kengashes was created. The accountability of the khokim and his deputies, prosecutor’s office, ministries of justice, internal affairs and health care to the relevant Kengashes was legally established.
As one of the practical measures to develop the activities of this political institution, secretariats of the Kengashes of people's deputies were created, working on a permanent basis.
Amendments were made to the part one of Article 16 of the Law of the Republic of Uzbekistan “On the status of a deputy of the regional, district and city Kengash of people’s deputies”, which secured the transfer of responsibilities for providing the deputy of the Kengash of people’s deputies with documents, necessary information and data, as well as organizing consultations of specialists on issues related to deputy activities from the khokimiyats of regions, districts, cities to the secretariats of Kengashes.
In the Law of the Republic of Uzbekistan “On local bodies of state authority” it is established that the secretariat has the status of a legal entity. The activities of the secretariat are financed from the relevant local budget. Its structure, charter, wages, its personnel and logistics, as well as the staff costs are approved by the corresponding Kengash of People's Deputies. At the same time, it is stipulated that the labor relations of employees, with the exception of the head of the secretariat, do not depend on the term of office of local Kengashes. The head of the secretariat is appointed from among the deputies of the corresponding Kengash of People's Deputies for the term of his powers.
According to the law, Kengashes are entitled to organize hearing of reports prepared by the heads of territorial divisions of the Ministry of Health. A wide range of reports on the issues related to the progress of implementation of public healthcare programs in the region; the situation of disease prevention; forming a culture of healthy lifestyle and proper nutrition; a on the main health indicators are submitted to the Kengashes.
Resolution of the Senate of the Oliy Majlis of the Republic of Uzbekistan dated July 31, 2021 approved the “Model regulations of the regional, district, city Kengash of people’s deputies,” which defines a number of powers of the local Kengash.
On June 20, 2022, at the meeting with members of the Constitutional Commission, the President put forward a proposal to remove from the Constitution the provision that khokims shall head the Kengashes of people’s deputies. At the meeting, the President said: “Carrying out the reform will lead to implementation principle of separation of powers at the local level. It will increase the efficiency of the activities of local Kengashes, and increase their responsibility to people's representatives. This would serve to fully ensure the interests of people in the regions, strengthen control of the Kengashes and the public over the activities of regional khokims”[2].
At the referendum of the Republic of Uzbekistan, held on April 30, 2023, this norm was included in the new edition of the Constitution of the Republic of Uzbekistan, adopted by nationwide vote.
It can be said that this norm is vitally important in terms of ensuring complete independence of the Kengash of people’s deputies from the local executive power, which makes it possible to apply the principle of separation of powers at the local level, increase the efficiency of the activities of local Kengashes, fully ensure the interests of the people in the regions, and strengthen control of the Kengashes and the public over the activities of government bodies.
The powers on approving the khokim for the position and hearing reports on his activities allow the head of local executive bodies to select and approve the most suitable candidates who are not indifferent to the problems of the people, make their activities transparent, and increase their responsibility and accountability to the people.
Also, Article 122 of the new edition of the Constitution specifies a number of powers of the Kengashes of people’s deputies, which serve the interests of the people.
In conclusion we can say that, Including the norms related to the activities of Kengashes of people's deputies into the new edition of the Constitution of the Republic of Uzbekistan will help them reach a new level of activity and serves to deepen democratic reforms in our country.
R.Nurmatov
Center for Analysis of Democratic Processes responsible employee