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Law of the Republic of Uzbekistan on appeals from individuals and legal entities
Adopted by the Legislative Chamber on October 29, 2014
Approved by the Senate on November 13, 2014
Chapter 1. General provisions
Article 1. Purpose of this Law
The purpose of this Law is to regulate relations in the field of appeals by individuals and legal entities (hereinafter referred to as appeals) to government bodies and government agencies (hereinafter referred to as government bodies).
Article 2. Legislation on appeals
The legislation on appeals consists of this Law and other acts of legislation.
Relations in the field of appeals to self-government bodies of citizens are regulated in the manner established by this Law.
This Law does not apply to:
appeals, the procedure for consideration of which is established by the legislation on administrative responsibility, civil procedural, criminal procedural, criminal executive, economic procedural and other legislative acts;
mutual correspondence between government bodies, as well as their structural divisions.
Article 3. Right to appeal
Individuals and legal entities have the right to apply to government bodies.
The right to appeal is exercised voluntarily. No one can be forced to take part in action in favor of or against any treatment.
The exercise of the right to appeal must not violate the rights, freedoms and legitimate interests of other individuals and legal entities, as well as the interests of society and the state.
Individuals and legal entities of foreign states, stateless persons have the right to apply to government bodies of the Republic of Uzbekistan in accordance with this Law.
Article 4. Forms of appeals
Appeals can be oral, written or electronic.
Article 5. Types of appeals
Appeals can be in the form of statements, suggestions and complaints.
Application—an appeal for assistance in the implementation of rights, freedoms and legitimate interests.
Proposal - an appeal containing recommendations for improving state and public activities.
Complaint is an appeal for the restoration of violated rights, freedoms and protection of legitimate interests.
Appeals, regardless of their type and form, are of equal importance.
Article 6. Requirements for applications
The appeal of an individual must indicate the surname (first name, patronymic) of the individual, information about his place of residence and state the essence of the appeal.
The appeal of a legal entity must indicate the full name of the legal entity, information about its location (mailing address) and state the essence of the appeal.
Appeals can be submitted in the state and other languages.
A written appeal must be secured by the signature of the applicant - an individual or the signature of the head or authorized person of the applicant - a legal entity. If it is impossible to secure a written application of an individual with the signature of the applicant, it must be secured with the signature of the originator, with additional affixing of his surname (first name, patronymic).
An electronic appeal must be in the form of an electronic document, confirmed by an electronic digital signature and having other details of the electronic document that allow it to be identified. Electronic appeal must comply with the requirements established by law.
Appeals that do not indicate the surname (name, patronymic) of an individual, information about his place of residence or the full name of a legal entity, information about his location (mailing address) or contain false information about them, as well as not confirmed by a signature (electronic digital signature ), are considered anonymous requests.
Applications submitted through representatives of applying individuals and legal entities are accompanied by documents confirming their authority.
Article 7. Appeals and media
Appeals received by state bodies from media editorial offices are considered in the manner and within the time limits provided for by this Law.
Appeals sent to the media can be used to study and reflect public opinion in accordance with the legislation on the media.
Article 8. Reception of individuals and representatives of legal entities
State bodies organize reception of individuals and representatives of legal entities. Reception of individuals and representatives of legal entities is carried out by the head of the state body or other authorized person. For this purpose, special structural units can be created in government bodies, and officials responsible for reception can be identified.
Reception of individuals and representatives of legal entities is carried out on established days and hours, according to reception schedules.
Reception schedules and information about the time, location and pre-registration for it, as well as the reception procedure are brought to the attention of interested parties by publication on the official websites of government bodies, as well as posting in publicly accessible places on stands or on other technical means in their administrative building.
When making an oral appeal, an individual must present a document certifying his identity, and a representative of a legal entity must present a document confirming his authority, as well as a document certifying his identity.
Admission to individuals and representatives of legal entities may be refused if, based on their previous application of a similar nature, a decision has already been made and they have been informed about this in the manner prescribed by this Law.
The procedure for admitting individuals and representatives of legal entities to government bodies is determined by the heads of these bodies.
Heads or other authorized persons of government bodies conducting a personal reception do not have the right to refuse admission when addressing any issues, including those not within their powers, except for the cases provided for in part five of this article.
If resolving the issues raised during a personal reception does not fall within the powers of the government body, then the relevant officials or other authorized persons must explain to the applicant which body or organization should be contacted to resolve the issues raised in the appeal.
During a personal reception, by decision of the head of the state body and with the written consent of the applicant, special technical means (audio and video recording, as well as photography) may be used.
Heads or other authorized persons of government bodies may organize on-site personal receptions.
Article 9. Office work on appeals
Record keeping on appeals to government bodies is carried out in accordance with the procedure established by law.
Chapter 2. Guarantees of the rights of individuals and legal entities to appeal
Article 10. Inadmissibility of discrimination when using the right to appeal
Discrimination in the use of the right to appeal depending on gender, race, nationality, language, religion, social origin, beliefs, personal and social status of an individual, as well as forms of ownership, location (postal address), organizational and legal forms and other legal circumstances persons are not allowed.
Article 11. Guarantees for the exercise of the right to appeal
Individuals and legal entities are guaranteed the right to appeal to government bodies individually or collectively.
Article 12. Guarantees of respect for rights, freedoms and legitimate interests when applying
State bodies are obliged to comply with the requirements of the Constitution and laws of the Republic of Uzbekistan when considering applications, take measures for their full, objective and timely consideration, take measures within the limits of their powers to ensure the restoration of violated rights, freedoms and protection of the legitimate interests of individuals and legal entities.
Article 13. Guarantees for the acceptance and consideration of applications
Appeals are subject to mandatory acceptance and consideration by state bodies, except for the cases provided for in Article 20 of this Law.
An individual or legal entity has the right to appeal an illegal refusal to accept and consider an appeal to a higher authority in the order of subordination or directly to the court.
Article 14. Guarantees of non-disclosure of information that has become known in connection with applications
When considering appeals, it is not permitted for employees of state bodies to disclose information about the private life of individuals, the activities of legal entities without their consent, as well as information constituting state secrets or other secrets protected by law, and other information if this infringes on the rights, freedoms and legitimate interests of individuals and legal entities.
It is not allowed to find out information about an individual or legal entity that is not related to applications.
At the request of an individual, no information about his identity is subject to disclosure.
Article 15. Guarantees of safety of individuals and legal entities in connection with their appeals
It is prohibited to persecute an individual, his representative, members of their families, a legal entity, his representative and family members of a representative of a legal entity in connection with their appeals to government bodies in order to exercise or protect their rights, freedoms and legitimate interests, as well as to express their opinions and criticism in appeals.
Chapter 3. Procedure for filing appeals and their consideration
Article 16. Procedure for filing appeals
Appeals are submitted directly to the government body whose powers include resolving the issues raised in them, or to a higher authority in the order of subordination.
Individuals and legal entities have the right to submit an appeal independently, as well as authorize their representative to do so, or send an appeal via postal means or electronically. In the interests of minors, incapacitated and partially capable persons, appeals may be submitted by their legal representatives in the manner prescribed by law.
The application may be accompanied by existing decisions or copies thereof, previously adopted on it, as well as other documents necessary for its consideration, which are not subject to return, except in cases of a written application by the applicant for their issuance. When sending an appeal under jurisdiction to another government body, the specified documents must be attached to it.
Article 17. Deadlines for filing applications
As a rule, there are no deadlines for filing applications. In some cases, a deadline may be set for filing an appeal to the relevant state bodies, if this is due to the capabilities of the state body to consider the appeal, the need for timely implementation and protection of the rights, freedoms and legitimate interests of individuals and legal entities, as well as on other grounds provided for by legislative acts .
An application or complaint to a higher authority in the order of subordination is submitted no later than one year from the moment when an individual or legal entity became aware of the commission of an action (inaction) or the adoption of a decision that violates his rights, freedoms and legitimate interests.
If the deadline for filing an application or complaint is missed for a valid reason, it is restored by the government body considering the application or complaint.
Article 18. Procedure for considering applications
Appeals received by a state body are considered by this body or official who is entrusted with the responsibility for considering appeals.
Appeals received by a state body whose powers do not include resolving the issues raised are sent to the relevant authorities within five days with a notification about this in writing or in electronic form to the applicant.
It is prohibited to unreasonably transfer an appeal for consideration to other government bodies or forward it to those bodies or officials whose decisions or actions (inaction) are being appealed.
If the appeals do not contain the necessary information for sending them to the relevant authorities, then they are returned to the applicant with a reasoned explanation no later than five days.
If there is a need for additional information, certificates and materials for a complete, objective and timely consideration of the appeal, the official of the government body considering this appeal may additionally request information from the individual or legal entity who submitted the appeal, as well as, within the limits of his powers, from other government officials. organs.
State bodies and their officials are obliged to provide the information requested from them within ten days, if the information does not contain information constituting state secrets or other secrets protected by law, does not harm the rights, freedoms and legitimate interests of individuals and legal entities, the interests of society and the state .
If necessary, the government body considering the appeal may provide on-site consideration of the appeal.
If it is impossible to consider the appeal in the absence of the applicant or another person, they may be summoned by an official of the state body. If the summoned applicant fails to appear, the official of the state body sends a response stating that it is impossible to consider the application without his participation.
The response to the appeal is signed by the head or other authorized official of the government body.
If the issues raised in the appeal affect the activities of business entities, then their representatives are attracted by government bodies within the limits of their powers to participate in the consideration of the appeal.
If, when considering an appeal, the need arises to verify the activities of business entities, including verification of financial and economic activities (audit), then it is carried out in accordance with the law.
Individuals and legal entities have the right to withdraw their appeals before and during their consideration before a decision is made on the appeal by submitting an application in writing or electronically.
An application to withdraw an appeal does not preclude the taking by government agencies of measures to identify and eliminate violations of the law.
Article 19. Time limits for consideration of applications
An application or complaint is considered within fifteen days from the date of receipt by the state body, which is obliged to resolve the issue on its merits, and when additional study and (or) verification is required, a request for additional documents - within up to one month.
In cases where the consideration of applications and complaints requires an inspection, the request for additional materials or the adoption of other measures, the terms for their consideration may, as an exception, be extended by the head of the relevant government body, but not more than for one month, with a notification about this to the applicant.
The proposal is considered within one month from the date of receipt by the state body, with the exception of those proposals that require additional study, which is notified in writing to the individual or legal entity that submitted the proposal within ten days.
Article 20. Leaving appeals without consideration
The following are not subject to consideration:
anonymous requests;
appeals submitted through representatives of individuals and legal entities in the absence of documents confirming their authority;
applications that do not meet other requirements established by law.
Chapter 4. Rights of individuals and legal entities and responsibilities of state bodies when considering applications
Article 21. Rights of individuals and legal entities when considering applications
When considering an appeal by state bodies, individuals and legal entities have the right to receive information about the progress of consideration of the appeal, personally present arguments and give explanations, get acquainted with the materials of the verification of the appeal and the results of its consideration, submit additional materials or apply for their request from other authorities, and receive assistance lawyer.
Officials or other authorized persons of state bodies considering the appeal are obliged to provide individuals and legal entities with the opportunity to familiarize themselves with documents, decisions and other materials affecting their rights, freedoms and legitimate interests, if they do not contain information constituting state secrets or other protected secret by law, do not damage the rights, freedoms and legitimate interests of individuals and legal entities, the interests of society and the state.
Article 22. Measures taken when considering appeals
When considering appeals, state bodies are obliged to immediately take measures to suppress illegal actions (inaction), within the limits of their powers, identify the causes and conditions conducive to violations of the rights, freedoms and legitimate interests of individuals and legal entities, suppress in the prescribed manner the persecution of an individual, his representative, members of their families, a legal entity, its representative and family members of a representative of a legal entity in connection with their appeal.
Article 23. Responsibilities of the state body that considered the appeal
The government body that has considered the appeal is obliged to inform the applicant in writing or electronically about the results of the consideration and the decision made immediately after consideration of the appeal.
Responses to appeals are presented, if possible, in the language of the appeal, and must contain specific justifications (if necessary, with references to legal norms) refuting or confirming arguments on each issue specified in the appeal.
An official or other authorized person of the state body that made the decision on the appeal is obliged to explain the procedure for appealing it if the individual or legal entity does not agree with it.
The state body that considered the appeal, its officials or other authorized persons are obliged to monitor the implementation of the decision made based on the results of consideration of the appeal, as well as take measures to compensate, in accordance with the procedure established by law, for material damage or compensation for moral damage if it was caused as a result of violation of rights, freedoms and legitimate interests of an individual or legal entity.
Article 24. Generalization and analysis of appeals
State bodies considering appeals, at least once a year, summarize and analyze appeals in order to identify and eliminate the causes that give rise to violations of the rights, freedoms and legitimate interests of individuals and legal entities, as well as the interests of society and the state.
Chapter 5. Final provisions
Article 25. Dispute resolution
Disputes in the field of appeals from individuals and legal entities are resolved in the manner prescribed by law.
Article 26. Compensation for material damage and compensation for moral damage
If the application or complaint of an individual or legal entity is satisfied by the state body that made an illegal decision on it, the person who applied in court is compensated for damages associated with the filing and consideration of the application or complaint, expenses incurred in connection with visiting the place to consider the application or complaint the requirement of the relevant government agency, and earnings lost during this time. Moral damage can also be compensated in court.
Funds paid by a government body as compensation for material damage and compensation for moral damage caused to an individual or legal entity in connection with a violation of the requirements of the law when considering his application or complaint may be recovered from the guilty official in a recourse manner.
Article 27. Reimbursement of expenses when considering applications containing knowingly false information
Expenses incurred by a government agency when considering applications containing knowingly false information may be recovered from an individual or legal entity by court decision.
Article 28. Responsibility for violation of the legislation on appeals
Violation of the legislation on appeals, as well as submission of an appeal containing slander and insults, entails liability in the prescribed manner.
Article 29. Revocation of certain legislative acts
Declare invalid:
Law of the Republic of Uzbekistan dated May 6, 1994 No. 1064-XII “On Citizens’ Appeals” (Gazette of the Supreme Council of the Republic of Uzbekistan, 1994, No. 5, Art. 140);
Resolution of the Supreme Council of the Republic of Uzbekistan dated May 6, 1994 No. 1065-XII “On the implementation of the Law of the Republic of Uzbekistan “On Citizens' Appeals” (Gazette of the Supreme Council of the Republic of Uzbekistan, 1994, No. 5, Art. 141);
Law of the Republic of Uzbekistan dated December 13, 2002 No. 446-II “On introducing amendments and additions to the Law of the Republic of Uzbekistan “On Citizens’ Appeals” (Gazette of the Oliy Majlis of the Republic of Uzbekistan, 2003, No. 1, Art. 7).
Article 30. Bringing legislation into compliance with this Law
To the Cabinet of Ministers of the Republic of Uzbekistan:
bring government decisions into compliance with this Law;
ensure the review and repeal by government bodies of their regulations that contradict this Law.
Article 31. Entry into force of this Law
This Law comes into force on the date of its official publication.
President of the Republic of Uzbekistan I. KARIMOV
Tashkent,
December 3, 2014
No. ZRU-378
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