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The Law of the Republic of Uzbekistan "On Normative Legal Acts" does not contain
provisions on normative legal acts adopted under the mark “confidential” and “for official use”.
In practice, however, such rules are common. It is known that article 29 of the Law lists
official sources for the publication of regulatory legal acts, documents published in other
sources or not published at all have no official legal force. How, then, do documents obtained
for use secretly or as part of a service come into effect? Unfortunately, the law does not
address these issues.
In addition, we believe that the law should clearly state which documents should be
accepted for confidential or proprietary use and what rules should be written in them.
Because the fact that state bodies can accept any document secretly or publicly does not
correspond to democratic principles. As long as government bodies are formed by people and
serve people, people have the right to know and control their every decision. Only documents
related to state secrets cannot be published. However, it is not known whether all documents
received for confidential or official use are classified as state secrets. It is currently unknown
what he will do after leaving office. The law on the protection of state secrets does not
address this issue. Of course, it cannot be denied that such documents can be adopted, but we
are in favor of reducing the ambiguity and making it as clear as possible.
We also believe that the adopted regulatory legal acts should be kept in a systematic
open state account. That is, for example, the average citizen should know how many
documents were adopted by the Cabinet of Ministers in 2020, how many of them are
confidential, how many are for public use and how many are open. He also plays an
important role in public oversight of the execution of regulations. In fact, public control over
the execution of decisions is a separate issue. For example, we see that some documents are
not available on the website www.lex.uz, one of the official sources for the publication of
regulatory legal acts - the National Database of Legislation. For example, there are no
Resolutions of the Cabinet of Ministers No. 7, 12, 33 adopted in 2020 (this is an example). An
open government account also allows you to keep track of how many documents were received,
how many are confidential, how many documents are intended for public use, which were
published, and which documents were simply not published at all. In this regard, the use of a
single electronic official source of advertising (for example, lex.uz) simplifies the work of users.
It should be noted that the decisions of the Cabinet of Ministers start with the number
1 every year and end with a certain number at the end of the year, say, the number 1049.
However, according to article 29 of the Law, the official source of publication of decisions of
the Cabinet of Ministers is not limited to the national database of legislation, article 29 also
provides “A set of resolutions of the Government of the Republic of Uzbekistan. ... ","
Collected Legislation of the Republic of Uzbekistan "," Khalk Sozi "and" People's Word ". In it,
these decisions (Resolutions 7, 12, 33) are probably published in the same sources. However,
www.lex.uz cannot be compared with other sources for providing the population with legal
information. In practice, the website www.lex.uz is known to the public as an official source.
Therefore, we propose to publish all documents on the website www.lex.uz and store
documents in a clear and transparent state account, which is intended not only for the state,
but also for citizens.
After the above problems are resolved, or in combination with them, it may be wise to
focus on another problem. It is known that, in accordance with the requirements of Article 27
of the Law "On Normative Legal Acts", the Code of Administrative Responsibility of the
Republic of Uzbekistan has been supplemented with article 198³ According to him, the
execution of normative legal acts not registered by the Ministry of Justice of the Republic of
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