April 5, 2024

Anti-corruption requirements and standards in the Republic of Uzbekistan

Given that the fight against corruption in Uzbekistan has become the highest priority of state policy, this, in turn, can be seen in the conceptually significant legal acts adopted in recent years in the area of administrative reforms aimed at preventing corruption. Accordingly, the measures taken to systematically improve the legal and regulatory framework in this area prove that the rise of the fight against corruption to a qualitatively and quantitatively new level is a product of the political will of the state. Inoculation of society with the “vaccine of honesty”, being the cornerstone of work in this direction, according to the head of state, demonstrates the need to regulate relations in the sphere of combating corruption, along with clarification of basic concepts, as well as the prescription of basic principles and measures to prevent corruption, ensuring the inevitability of punishment and ensuring international co-operation in this direction.

Contents:

1. Carrying out legal and anti-corruption expertise in the preparation of a draft regulatory legal act;
2. Consideration of the National Report on Combating Corruption to improve the effectiveness of the fight against corruption;
3. The principle of inadmissibility of corruption and its impact on public procurement;
4. Prevention of corruption and corruptive factors in public-private partnerships;
5. The main directions of the state policy in the field of combating corruption;
6. Accession of the Republic of Uzbekistan to the United Nations Convention against Corruption;
7. Basic principles in the basis of regulation of business activities in the field of anti-corruption;
8. Obligations imposed on business entities in connection with the prevention of corruption.

Legal acts:

1. The Law of the Republic of Uzbekistan “On normative-legal acts”;
2. The Law of the Republic of Uzbekistan “On the introduction of amendments and additions to some legislative acts of the Republic of Uzbekistan in connection with the improvement of the system of counteraction to corruption in the Republic of Uzbekistan”;
3. Law of the Republic of Uzbekistan “On State Procurement”;
4. The Law of the Republic of Uzbekistan “On Public-Private Partnership”;
5. The Law of the Republic of Uzbekistan “On Combating Corruption”;
6. Law of the Republic of Uzbekistan “On the Accession of the Republic of Uzbekistan to the United Nations Convention against Corruption” (New York, 31 October 2003).

1. Carrying out legal and anti-corruption expertise during the preparation of a draft regulatory legal act

The anti-corruption expertise is a set of measures aimed at identifying corruptive factors in normative legal acts and their drafts, developing recommendations, and taking measures aimed at eliminating the identified corruptive factors. The Ministry of Justice conducts a legal review when drafting legal and regulatory acts, including with a view to identifying provisions and norms that create conditions for corruption. The draft is subjected to a legal review by the legal service for compliance with the Constitution and laws of Uzbekistan and is also analysed to identify provisions and norms that create conditions for corruption and the commission of other offenses in the system of State authorities and administrative bodies.

2. Consideration of the national report on combating corruption in order to make the fight against corruption more effective

Given that the Agency prepares the annual national report on combating corruption in Uzbekistan, the report is submitted by the Director of the Agency to the Legislative Chamber. After preliminary consideration, opinions and proposals are formulated, which are subject to compulsory and comprehensive discussion at a meeting of the Legislative Chamber, resulting in the adoption of a decision aimed at improving the effectiveness of the fight against corruption in Uzbekistan.

3. The principle of inadmissibility of corruption and its impact on the sphere of public procurement

Inadmissibility of corruption, being one of the basic principles of public procurement, represents the requirements for the organisation and conduct of procurement procedures that must prevent corruption offenses in the field of public procurement. In turn, this is done by ensuring:

– fair competition and the use of objective criteria in decision-making;

– establishing an effective system of monitoring and control, including internal monitoring and control;

– publication in open sources of information of cases of violation of the requirements of this Law and other acts of legislation in the field of public procurement;

– implementation of public procurement procedures in accordance with the requirements established in the Law of the Republic of Uzbekistan “On Public Procurement”.

Thus, restrictions in the process of public procurement are expressed in the prevention of manifestations of corruption, both in the procurement documentation for selection and tender, where the subjects of public procurement and their officials are responsible for compliance with the requirements of the legislation.

4. Prevention of Corruption and Corruption-Related Factors in Public-Private Partnerships

In public-private partnership procedures, the requirement for the rules is to prevent corruption offenses, it is of particular importance to ensure measures to prevent corruption and corruption-related factors. This principle is ensured through the use of competitive selection mechanisms and decision-making in favor of the best option on the basis of objective and reasonable criteria, as well as free access to information on the rules and procedures of public-private partnerships.

5. Main directions of state policy in the field of combating corruption

Regulation of relations in the area of combating corruption is considered to be one of the main directions of state policy, where the implementation of measures to prevent corruption in all spheres of life of the state and society; timely detection, suppression of corruption offenses, elimination of their consequences, causes, and conditions contributing to them, ensuring the principle of inevitability of responsibility for committing corruption offenses are the top priorities. The National Council, established to coordinate the activities of anti-corruption bodies and organisations, is responsible for organising the development and implementation of measures to raise the legal consciousness and legal culture of the population and to foster in society an intolerant attitude towards corruption; monitoring the implementation of measures; and assessing and ensuring that the effectiveness of existing organisational, practical and legal mechanisms in this area is improved. Interaction with the relevant anti-corruption committees of the Legislative Chamber and the Senate of the Oliy Majlis and comprehensive analyses contribute to the effective adoption of measures to eliminate the causes and conditions that provoke the emergence of corruption.

6. Accession of the Republic of Uzbekistan to the United Nations Convention against Corruption

By acceding to the United Nations Convention against Corruption, the Republic of Uzbekistan, as a State Party, has adopted policies and practices to prevent and combat corruption. In accordance with the fundamental principles of its legal system, the Republic of Uzbekistan shall develop and implement or pursue an effective and coordinated anti-corruption policy that promotes public participation and reflects the principles of the rule of law, proper management of public affairs and public property, integrity, transparency, and accountability; and bodies such as the Anti-Corruption Agency, the Office of the Prosecutor General, the Ministry of Internal Affairs, the State Security Service and the State Security Service, as well as the Ministry of Internal Affairs, the State Security Service, the State Security Service and the Ministry of Justice, the Ministry of Justice, the Ministry of Internal Affairs and the State Security Service.

7. Basic Principles in the Basis of Regulation of Business Activities in the Field of Anti-Corruption

The improvement of the institutional framework of state policy and the establishment of a special state body, the Anti-Corruption Agency, together with a comprehensive study of foreign experience in promoting international norms in defining the legal framework, tasks, and functions, rights, and obligations of the Agency, have served as an impetus for the effective implementation of measures in this direction. The Presidential Decree of 6 July 2021 on measures to create an environment of intolerance towards corruption, radically reduce corruption factors in state and public administration, and broadly involve the public in this process deserves special attention. The Decree clearly defines the deadlines, responsible executors, and the mechanism of implementation. Ensuring openness and transparency in the activities of state bodies and further optimising and increasing their compactness, which is carried out systematically and in stages, is another important aspect of the fight against corruption.  The measures to prevent corruption in the sphere of entrepreneurship are:

– elimination of administrative and bureaucratic barriers, simplification, and increased efficiency of registration, permit, and licence procedures;

– optimisation of control and supervisory functions of state bodies, improvement of the system of inspections of the activities of business entities, prevention of illegal interference in their activities;

– widespread introduction of remote forms of relations between state bodies and business entities;

– creation of equal conditions for doing business and prevention of unfair competition;

– introduction of effective legal mechanisms for public procurement, ensuring publicity, transparency, and maintaining a competitive environment in public procurement;

– creation of fair conditions and equal opportunities for the population in education, health care, social security, public utilities, and other areas of socio-economic development, and prevention of corruption offenses;

– introduction of effective anti-corruption mechanisms in non-state organisations.

8. Obligations imposed on business entities in connection with the prevention of corruption

In accordance with the Law of the Republic of Uzbekistan “On Guarantees of Freedom of Entrepreneurial Activity”, the duties of business entities include fulfillment of obligations arising from contracts concluded by them; timely payment of payments to hired workers; compliance with safety, ecology, sanitation, hygiene, and labour protection requirements; availability of certificates for goods sold in accordance with the legislation; timely informing the relevant state authorities about and reporting to the Ministry of Labour and Social Protection of the Republic of Uzbekistan.

Implementation of entrepreneurial activity is carried out with the presence of state registration, and in case of a change of postal address (place of residence), bank details, or re-registration by the authorised state body, correct information shall be submitted by the business entity within ten days.

Illegal use of another person’s trademark, service mark, geographical indication, appellation of origin, or confusingly similar designations for homogeneous goods (services) or illegal use of another person’s trade name is considered inadmissible. In addition, it should be taken into account that it is unlawful for business entities to illegally use works or objects of related rights, as well as to reproduce, distribute, make available to the public counterfeit copies of works or objects of related rights or to indicate false information on copies of works or objects of related rights about their producers, about the places of their production, as well as about the owners of copyright and related rights. Moreover, the post of Presidential Commissioner for the Protection of the Rights and Legitimate Interests of Entrepreneurs and the staff of his or her office has been created, whose duties include monitoring and taking the necessary measures to ensure the fulfillment of the rights and obligations of entrepreneurs.