☰ Contents · State and law

Administrative law

Lessons 9 · 1 lessons · V. A. Kostetskiy. Foundations of state and law, Grade 10, 1st edition. Yangiyo‘l Poligraf Servis, Tashkent, 2017
9

Administrative law in Uzbekistan

Textbook: pp. 41–45
GoalExplain the subject, principles, sources and subjects of administrative law and the system of public administration bodies.
New words
administrative law · ma’muriy huquqCabinet of Ministers · Vazirlar Mahkamasikhokimiyat (local executive authority) · hokimlikself-government body · o‘zini o‘zi boshqarish organi
Explanation

Administrative law is an independent branch of law regulating relations that arise in organising and carrying out public administration: relations of state bodies with each other, with enterprises and organisations subordinate to them, and with citizens and associations. Its principles are legality, equality of citizens before the law, democracy, humanism, justice and the inevitability of liability for fault. Its sources are the Constitution, constitutional laws and laws, presidential decrees and resolutions, Cabinet resolutions, acts of ministries and agencies, and decisions of local authorities. Its subjects are the President, public administration bodies and their staff, officials of enterprises and organisations, citizens who have reached 16, foreign citizens and stateless persons, and public associations. Central administration bodies include the Cabinet of Ministers, ministries, committees and agencies (in Karakalpakstan, its own Council of Ministers), while at local level the khokimiyat headed by a khokim exercises executive power. The mahalla citizens’ assembly is not a state body but a citizens’ self-government body; public organisations work on a voluntary basis, and their decisions bind only their members. In practice, the Law on Administrative Procedures adopted in 2018 sets how agencies handle citizens’ requests and disputes with state bodies are decided in administrative courts; many services can be obtained through the Unified Interactive Public Services Portal.

Worked examples
Young people turn to the relevant military registration office for information on registration or call-up; internal affairs bodies are responsible for road-traffic safety. In such cases an administrative-law relationship arises between the citizen and the state body.
A district khokimiyat decides to repair a local road, while the mahalla informs residents about the schedule and volunteer involvement. The khokimiyat’s decision is binding on everyone in the area, while a mahalla assembly’s decision is largely limited to its members and internal matters.
Class activity

“Map of agencies”: students find the matching agency for 6 everyday situations (passport, military registration, school education, traffic rule, a mahalla issue, a certificate) and sort each as central, local or self-government.

Practice
1
What relations does administrative law regulate?
2
Name four principles of administrative law.
3
Sort into central or local administration bodies: a) a ministry; b) a district khokimiyat; c) the Cabinet of Ministers.
4
Why are decisions of public organisations binding only on their members?