Transformation of lawmaking in Uzbekistan: New Development Model - New Decision Making Mechanisms

Transformation
of lawmaking
in Uzbekistan
New Development Model
- New Decision Making Mechanisms
SDGPOLICYDIALOGUE

The implementation of a new stage of reforms sharply
increased lawmaking activity
-2.5
-2.0
-1.5
-1.0
-0.5
0.0
0.5
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
Uzbekistan Governance Indicators
Government
Effectiveness
Regulatory Quality
Rule of Law
Voice and
Accountability
Does it affect the quality of regulation?
0
10
20
30
40
50
60
70
80
0
200
400
600
800
1000
1200
1400
1600
1800
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
01/04/2018
Number of legislation acts adopted
Expected at the end of 2018
Number of acts adopted
Number of agencies which adopted acts (right scale)

The lawmaking system is one of the tools for implementing
reforms
The situation by 1991 The task in
the field of
lawmaking
Tool
Results of reforms Side effects
Loss of markets and
supply chains breaks
No proper
legal
framewor
k
Create a
flexible legal
system that
can quickly
generate a
large number
of legal acts
Framewor
k laws and
decentra-
lized
ministerial
rulemakin
g
Export growth Weak export diversification
Frame-
work
laws and
minister
-rial
rule-
making
enhance
side
effects
Lack of market
institutions
Market institutions are
established by
Government
Restrictive policy to minimize
unpredictable market failures
Centralized public
administration and
investment policy
State owned companies
incorporating whole
industries. State
investment programs.
Supply driven regulation
policy
Immature private
sector
Domination of small
businesses
Weak competitiveness of non-
growing small businesses.
Immature civil
society
A large number of
NGOs.
Insignificant NGO’s
contribution to development
One-party political
system
Multi-party system
Weak feedback mechanisms
from the general public

A one-sided assessment of the situation accelerates decision-
making and increases the error risks and costs
• Over 75% of acts were adopted by the Cabinet of Ministers and line ministries.
• Majority of the laws were initiated by the executive branch of power
• Quality of regulation - 50% of legal acts adopted by line ministries remain effective for not more than for 10
years
Laws and Codes
5%
Presidential Acts
18%
Government
Resolutions
42%
Departmental/
ministerial Acts
35%
The composition of the legal framework by agencies that adopted
them
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
The share of acts that have lost force (by year of publication)
Законодательные акты Акты Президента
Решения Правительства Ведомственные акты
Laws and Codes Presidential Acts
Departmental ActsGovernment Resolutions

The authors of regulation usually are its’ implementers at the
same time
Ministries
Ministry of
Justice
Departmental
Act
Cabinet of
Ministers
Parliament’s
Legislative
Chamber
Parliament’s
Senate
President
CoM Act
Presidential Act
Law
Instructions to draft laws and regulations
• Conflict of interests: the
implementers shapes the regulatory
framework at the own discretion.
• Goals, objectives and indicators are
formulated to meet the ministry’s
interests.
• Powers are identified at the
discretion of ministries.
• Implementation costs are identified
within already available resources.
• Regulatory impact is not identified
and assessed properly.

Life cycle of legal acts and missing elements
Drafting
Discussion
of the Draft
Endorsement
/Approval
Enforcement
Adjustment
• Goals are mostly declarative with no
success indicators
• No methodology to assess the impact
of the regulation
• No methodologies for cost & benefit
analysis
• Anticorruption analysis and
assessment is not mandatory
• Specific wording and phrases are
discussed instead of impacts (social,
economic, etc.)
• RIA and evaluation results are not
discussed
• Rejecting regulatory intervention is
not discussed as an option
• Lack of skills and stimulus to run
the discussions and engage target
audiences
• No agency to monitor the
implementation (control ≠
monitoring)
• No methodology or
procedures to monitor the
actual regulatory impact
• No procedures in case of
unaccepted impact, and no
mechanisms or criteria for
identifying such cases
• No agency to assess the actual
regulatory impact
• No methodology or procedures
to assess the actual regulatory
impact
• No responsibility for regulatory
impact
No standardized and clear procedures regarding
feasibility study of policy interventions

Parliament’s capacities should be raised to meet the demand
for rules and regulation
• Parliament human recourses should be
raised to issue numerous “direct action”
laws and regulations on a timely basis.
• Parliament’s capacities to involve expert
community into legislation process should
be raised.
• Political parties’ potential in lawmaking
and discussion is not fully realized.
• Electoral feedback mechanisms need to be
improved further.
• Monitoring and analysis of judiciary,
regulatory and law enforcement practice
may propose to Parliament new entry
points for policy interventions
• Informational and analytical exchanges
with the judiciary, regulatory and law
enforcement agencies need to be
developed further.
0
100
200
300
400
500
600
1991
1993
1995
1997
1999
2001
2003
2005
2007
2009
2011
2013
2015
2017
Numberofactsadopted
Oliy Majlis Presidential acts Government acts Acts of ministries

The lawmaking is one of the tools for implementing
reforms.
The situation in 2018 The goals of the reforms Change of key
principles
Tools
Weak diversification of exports
Fragmented
legal
framework
with a lot of
collisions,
gaps and a
short life
cycle
Involve more private business
entities in foreign trade activities
Transition:
 From the quantity
to the quality of
legislative acts;
 From the
stimulation of
selected business
entities to the
creation of a
enabling
environment;
 To prioritize the
interests of
citizens.
I. Restricting
departmental /
ministerial
rulemaking.
II. Effective
procedures for
elaboration and
monitoring of
legislation.
III. Strong
Parliament.
State owned market institutions
Reduce the costs of resources
distribution
Public assets under corporate
governance with state participation.
Expanded investment capacities.
Growth of private and foreign
capital. Reduction of
monopolization in the markets
Mature private sector. Weak
competitiveness of non-growing
small businesses.
Reduce the administrative
burden for businesses
Ready for social and civic initiatives
citizens.
Establish effective processes
“from the civil initiative to the
public policy"
Lack of effective mechanisms of
parliamentary oversight and
elaboration of laws of direct effect
Parliament to balance the
interests of the state, society and
businesses

Key objectives of lawmaking reform
Directly
applicable laws
Procedures to ensure
high quality of regulation
Balance of interests during
drafting regulations

Balance of interests
Министерств
а
Ministry of Justice and
Ministry of Economy
Кабмин
Зак. палата
ОМ
Сенат ОМ
Президент
CoM Act
Presidential Act
Закон
Instructions to conduct situation analysis and discuss its
results
Reporting on the
situation analysis
results to the CoM
Instructions to draft Cabinet of
Ministry Resolution, Presidential
Decree/Resolution or Law
Draft act + RIA
report
Local Councils
‘Mening Fikrim’, analysis of the feedback in
the virtual receptions, reviewing judicial,
regulatory and legal practice
Powers to approve the provisions,
procedures, rules, guidelines
applicable to citizens and private
sector
Ministries
CoM
Legislative
Chamber
Senate
President
Law

Optimization of legal acts lifecycle
Assessment
and
discussion
of necessity
RIA + Drafting
the act
Discussion of
the draft text +
RIA and
evaluation
reports
Endorsement.
Responsibility
for impact
Enforcement.
Monitoring
against the
goals of the act
Impact
analysis and
adjustment
• Rejection of regulatory intervention,
based on the results of discussions, is
an option• Methodology and procedures to assess
the actual regulatory impact
• Mechanisms to establish accountabilities
for ineffective regulation
• Clear monitoring and
assessment procedures
• Options of actions to be taken
in case of unacceptable impact
envisaged in the texts of each
act: suspension, abolition,
compensation.
• Goals, indicators and those
responsible for data collection and
analysis are clearly specified
• Develop and implement RIA
methodologies and standard
documentation
• RIA and anticorruption scrutiny
are mandatory
• Rejection of regulatory intervention,
based on the results of discussions,
is an option
• Professional discussion
management. Monitor the
propositions and their use. Good
feedback mechanisms.
Online platform to formulate
and discuss draft acts

12%
30%
42%
16%
Estimated structure of
regulatory framework by types
of adopting agencies
by 2030
Законы, Кодексы
Акты Президента
Решения Правительства
Ведомственные акты
Laws and Codes
Parliament is the center of lawmaking activities
• Analytical services of divisions
established by Parliament to
provide policy advise to MP
• Mechanisms to involve
international and local experts
to legislation processes should
be installed
• Boosting party and individual
MP initiatives in lawmaking
• Collective petitioning system
• Monitoring and analysis of
judicial, regulatory, legal and
law enforcement practices
should be established to
provide Oliy Majlis with ideas
for regulatory interventions
• Effective accountability to
electorate
• Election procedures to enable
citizens with all information
needed to vote for the most
competent candidates
0
100
200
300
400
500
600
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
Scenario for gradual increase of number of laws adopted by
the Parliament while reducing rules and norms adopted at
the level of ministries and agencies
Oliy Majlis Presidential acts
Government acts Acts of ministries
Presidential Acts
Government Resolutions
Departmental Acts

Questions to discuss
• Balance of lawmaking powers between the Cabinet of Ministers and
Ministries, on the one hand, and the Parliament, on the other.
• Local Kengashes’ lawmaking powers and their relation to the Cabinet
of Ministers’ decisions at country level?
• To what extent should the costly RIA mechanisms be applied? Full
scale assessment for all sectors and types of legal acts or focused
assessment for certain sectors and types of acts?
• To what extent and how should the judiciary's lawmaking function be
reflected in the Concept and implemented in practice?

Partnership for development
Support and participation from donors community are required in fields:
• Introduction of fully scale regulatory impact assessment.
• Introduction of RIA tools and anti-corruption scrutiny as a standard
course for higher education institutions
• Capacity building of the parliamentary analytical institutions
• Development of inclusive and transparent lawmaking and rulemaking
mechanisms
• Capacity building of local authorities in local rulemaking

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