от 22.06.2021 г. № 390
ONLINE TRANSLATE
Resolution of the Cabinet of Ministers of the Republic of Uzbekistan, от 22.06.2021 г. № 390
Date of entry into force
23.06.2021
Unofficial translation
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Resolution
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of the Cabinet of Ministers of the Republic of Uzbekistan
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On measures to introduce the electronic system “E-qaror” in the activities of public authorities in the field
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In order to ensure the implementation of the Decree No. 6155 of the President of the Republic of Uzbekistan “On the State Program for the implementation of the Action Strategy in five priority areas of development of the Republic of Uzbekistan in 2017 — 2021 in the Year of Youth Support and Public Health Promotion” dated February 3, 2021, the Cabinet of Ministers decrees:
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1. In accordance with Resolution No. 218 of the Cabinet of Ministers of the Republic of Uzbekistan “On measures to introduce a unified electronic system for the development, approval and registration of resolutions adopted by local executive authorities” dated April 14, 2020:
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By taking note that:
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a) In January — May 2021, a legal experiment was conducted in Kashkadarya region in connection with the approval of the unified electronic system “E-qaror” (hereinafter — the electronic system “E-qaror”) for the development, coordination and registration of decisions of local executive bodies.
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b) As a result of the experiment conducted in the Kashkadarya region on the introduction of the electronic system “E-qaror”, the terms for making (issuing) decisions and orders of local governments were reduced, the human factor and interference in their development were reduced, and the population was constantly informed by decisions and orders, and it became possible for the justice authorities to conduct constant monitoring of them;
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c) It was determined that from July 1, 2021, the electronic system «E-qaror» will be introduced at all levels of local executive bodies of the republic based on the results of a legal experiment.
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2. Establish such a procedure that, in accordance with it, from July 1, 2021:
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development, approval, adoption (publication), registration and publication of decisions and orders of all local governments, including decisions and orders intended for use within the framework of the service, are carried out through the electronic system “E-qaror”;
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It is not allowed to adopt (publish) relevant decisions and orders of local government bodies bypassing the electronic system “E-qaror”. Such documents have no legal force and do not entail any legal consequences from the moment of their adoption;
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assessment of the regulatory impact of decisions of local government bodies is carried out using the electronic system “E-qaror”.
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3. Approve the Regulation on the procedure for the development, approval, adoption (publication), registration and announcement of decisions and orders of local government bodies through the electronic system “E-qaror”, providing for the following in accordance with Appendix 1:
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a) the procedure for developing decisions and orders of local government bodies, including those intended for use within the framework of the service, through the electronic system “E-qaror” and coordinating them with interested regional government bodies and organizations, other organizations;
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b) the procedure for receiving (issuing), registering and publishing draft decisions and orders of local self-government bodies developed and agreed in the prescribed manner through the electronic system “E-qaror”;
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c) implementation of state accounting of normative legal documents adopted by local government bodies through the electronic system “E-qaror”;
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g) prevention of the adoption of decisions and orders of local government bodies containing state secrets through the "E-qaror" electronic system in accordance with legislative acts;
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d) prohibition of independently classifying decisions and orders of local government bodies that do not contain state secrets as such, except for cases provided for by legislative acts;
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e) Ministry of Justice of the Republic of Uzbekistan should:
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carry out continuous monitoring of the processes of development, approval, adoption (issuance), registration and announcement of decisions and orders of local governments only through the electronic system “E-qaror”;
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based on the results of the control, the application of measures of influence in relation to the heads and responsible employees of the organizations concerned, who did not respond within the established time limits to the decisions and orders of the state authorities in the field, aimed at approval through the electronic system “E-qaror”;
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Continuous improvement of the electronic system “E-qaror” together with the Ministry of Development of Information Technologies and Communications.
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4. Note that,
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development, approval, adoption (issuance), registration and announcement of draft regulatory legal documents adopted by local governments is carried out through the electronic system “E-qaror” in accordance with Appendix 2;
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development, approval, adoption (issuance), registration and announcement of non-normative draft decisions and orders adopted by local governments through the electronic system “E-qaror” is carried out in the manner in accordance with Appendix 3.
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5. Approve the Roadmap for the introduction of the electronic system “E-qaror” in all local governments in accordance with 4. Appendix 4.
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6. Until July 1, 2021, the Council of Ministers of the Republic of Karakalpakstan, the khokimiyats Mayorʼs offices) of the regions and the city of Tashkent should take the following measures:
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conclusion of contracts with relevant organizations for connection to the electronic system “E-qaror” and the provision of services at the expense of the local budget;
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take measures to connect all organizations involved in the development and coordination of decisions and orders of local governments to the electronic system “E-qaror”.
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7. The Ministry of Justice of the Republic of Uzbekistan, together with the Ministry of Development of Information Technologies and Communications, is gradually improving the electronic system “E-qaror”. At the same time, following should be implemented through the electronic system “E-qaror”:
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organizing the communication of decisions and orders of local government bodies to interested organizations and officials;
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placement of draft regulatory documents on the portal for discussing draft regulatory documents (regulation.gov.uz) in the prescribed manner for public discussion;
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introduction of the adopted normative legal documents for state registration and placing them to the national database of legal documents of the Republic of Uzbekistan
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It is allowed to improve the electronic system «E-qaror», extra-budgetary use of funds from the development fund for the judiciary and institutions.
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8. To amend the Resolution No. 218 of the Cabinet of Ministers of the Republic of Uzbekistan “On measures to introduce a unified electronic system for the development, approval and registration of resolutions adopted by local executive authorities” dated April 14, 2020 according to the Appendix 5.
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9. The Ministry of Justice of the Republic of Uzbekistan, the Ministry for the Development of Information Technologies and Communications, local government authorities, interested ministries and agencies must coordinate the legal documents adopted by them with this decision within two months.
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10. The implementation of this Resolution will be monitored by the First Deputy Prime Minister of the Republic of Uzbekistan A.J. Ramatov and Minister of Justice of the Republic of Uzbekistan R.K. Davletov.
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Prime Minister of the Republic of Uzbekistan A. ARIPOV
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Tashkent city,
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June 22, 2021 y.,
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No. 390
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APPENDIX 1
to the Resolution No. 390 of the Cabinet of Ministers dated June 22, 2021
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REGULATION
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on the procedure for the development, approval, adoption (publication), registration and announcement of decisions and orders of local government bodies through the electronic system “E-qaror”
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Chapter 1 General Provisions
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1. This Regulation determines the procedure for the development, approval, adoption (publication), registration and announcement of decisions and orders of local government bodies through the unified electronic system “E-qaror” (hereinafter — the electronic system “E-qaror”) for the development, approval and registration of decisions (hereinafter referred to as draft documents) of local executive bodies.
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2. Acceptance of draft documents of state authorities in the field, including draft documents intended for use within the framework of the service, is carried out through the electronic system “E-qaror”.
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3. State registration of normative legal documents adopted by local government bodies is carried out through the electronic system “E-qaror”.
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It is not allowed to adopt (publish) relevant decisions and orders of local government bodies bypassing the electronic system “E-qaror”. Such documents have no legal force and do not entail any legal consequences from the moment of their adoption.
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4. In accordance with legislative acts, the adoption of draft documents of local government bodies containing state secrets through the "E-qaror" electronic system shall not be permitted.
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Independent classification of draft documents that do not contain state secrets into this category, except for cases provided for by legislative acts, shall be prohibited.
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5. Development, approval, acceptance (issuance), registration and publication of draft documents of local governments through the electronic system «E-qaror» is carried out in accordance with the schemes given in Annexes 2 and 3 to this Regulation.
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Chapter 2 Development and approval of draft documents through the electronic system “E-qaror”
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6. Draft documents are developed by the responsible structural subdivision of the local state body or the interested regional state body (hereinafter referred to as the developer) through the electronic system “E-qaror”.
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7. If necessary, the developer sends the project for approval with interested organizations through the electronic system “E-qaror”.
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8. Interested organizations within 3 days must take the following measures with the draft document received through the electronic system “E-qaror”:
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takes on paperwork and review;
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comes by signing an electronic digital signature (signs) or, if necessary, enters a response letter to the developer on the draft through an electronic system indicating their proposals and objections;
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sends the approved draft to its developer.
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9. If the interested organizations do not respond to the draft documents submitted for approval within the prescribed period through the “E-qaror” electronic system, the project is considered approved.
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Responsibility for the development, approval and adoption of draft documents in accordance with the requirements set forth in this Regulation lies with the heads and responsible employees of all interested organizations.
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10. The developer within 3 days receives a draft document agreed with the interested organizations from the electronic system and takes into account the relevant conclusion of the interested organization (if necessary) and sends it to the relevant local executive body through the electronic system (according to the draft resolutions and orders of the governor) or to the secretariat of local representative bodies (according to decisions of local Kengashes of Peopleʼs Deputies).
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11. The relevant structural subdivision of the local executive body, the secretariat of local representative bodies, within 3 days, accepts and considers draft documents received through the electronic system «E-qaror», and signs the draft using an EDS (signs) or, if necessary, returns it to the developer through the electronic system indicating their suggestions and objections. Sends the agreed draft document to the legal service of the local government.
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Chapter 3 Legal examination of draft documents through the electronic system “E-qaror”
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12. The legal service of the local self-government body takes the following measures within 2 days after the submission of the draft document through the electronic system:
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accepts the draft document for work through the electronic system and considers the draft;
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approves the draft document with the help of EDS (signs) or returns the draft to the developer if there are proposals and objections;
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submits a draft document for signature to the head of the local executive or representative body.
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13. If the draft document is of a normative nature, the legal service of the local government body takes the following measures:
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places the draft on the portal for discussing draft regulatory legal documents for public discussion;
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gives an opinion on the draft in the prescribed manner after the completion of the public discussion;
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submits the project to the regional justice authorities for legal expertise, attaching the relevant documents in the prescribed manner.
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14. After the draft document of a regulatory nature is submitted by the legal service of the regional body of justice of the local state body, it takes the following measures within the established time limits:
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conducts a legal examination of the project in the prescribed manner, gives an opinion on the compliance of the project with regulatory legal acts and informs the local executive body or local representative body about this through the electronic system;
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If there are proposals and objections to the project, it returns the project to the legal service of the local self-government body.
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15. After an appropriate response to the project by the regional body of justice, the legal service of the local self-government body takes the following measures within 2 days:
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in case of a positive conclusion of the body of justice, submits the project for signature to the head of the local executive body or local representative body;
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in the event that the draft is returned by the regional justice body with proposals and objections, it is finalized and re-submitted to the regional justice body through the electronic system in the prescribed manner;
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in the event that the local executive body, the head of the local representative body or the territorial body of justice come to the conclusion that it is inappropriate to accept the project, he informs the project developer about this.
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Chapter 4 Reception (issuance), registration and publication of draft documents through the electronic system “E-qaror”
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16. Head of the local executive body or local representative body:
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signs the draft document with an electronic digital signature, automatically publishes the signed and registered document with a special number on the main page of the E-qaror electronic system (except for documents intended for use within the framework of internal official activities);
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in the event that the acceptance (issuance) of the draft document is found to be inappropriate, returns it to a legal officer or developer for revision in the prescribed manner.
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Chapter 5 Final Provisions
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17. Ministry of Justice of the Republic of Uzbekistan:
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exercises constant control over the processes of development, approval, acceptance (issuance), registration and publication of draft documents only through the electronic system “E-qaror”;
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based on the results of the control, apply measures of influence in relation to the heads and responsible employees of the organizations concerned, who did not react within the established time frame on draft documents sent for approval through the electronic system “E-qaror”;
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improves of the electronic system “E-qaror” continuously together with the Ministry of Development of Information Technologies and Communications.
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18. The heads of organizations interested in the development, approval, adoption (issuance), registration and publication of draft documents of local governments are personally responsible for ensuring compliance with the requirements of this Regulation.
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If the legislative documents on the activities of local representative bodies establish other rules for the development, coordination and adoption of draft decisions than those provided for by this Regulation, the rules specified in these legislative documents shall apply.
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19. Persons who violate the requirements of this Regulation are liable in accordance with the law.
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APPENDIX 2
to the Resolution No. 390 of the Cabinet of Ministers dated June 22, 2021
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PROCEDURE
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of development, approval, adoption (issuance), registration and announcement of draft regulatory legal documents adopted by local governments through the electronic system “E-qaror”
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Phases

Staff in charge

Measures

Terms

Phase 1

Project developer

1. Develops a project.

2. Sends the project for approval with interested organizations through the electronic system “E-qaror” (hereinafter — the electronic system).

As needed

Phase 2

to Interested organizations

1. Accepts the draft document for work through the electronic system and considers the draft.

2. Coordinates the draft document by putting an electronic digital signature (signs) or, if necessary, enters a response letter with objections and proposals to the project developer through the electronic system.

3. Submits the agreed (approved) project to the developer.

within 3 days

Phase 3

Project developer

1. Receives an agreed (approved) draft document from the electronic system.

2. Final review of the project, taking into account the relevant opinion of the interested regional state body (if necessary).

3. Submits a draft document through the electronic system to the responsible deputy in the local executive body and the relevant structural units or secretariats and permanent commissions of local representative bodies.

within 3 days

Phase 4

Responsible deputy of the local executive body, the relevant structural unit, the secretariat of the local representative body

1. Accepts the draft document for work through the electronic system and considers the draft.

2. Coordinates the draft document by putting an electronic digital signature (signs) or, if necessary, enters a response letter with objections and proposals to the project developer through the electronic system.

3. Submits the agreed (approved) project to the developer.

within 3 days

Phase 5

Project developer

1. Receives an agreed (approved) draft document from the electronic system.

2. The project is considered by the deputy head of the local executive body and taking into account the relevant conclusion of the secretariats and permanent commissions of the relevant structural units or local representative bodies (if necessary).

3. Submits a draft document to the legal service of the relevant local government through an electronic system.

4. In cases where the draft is returned with objections by the legal service of the local state body, the khokim or the chairman of the Council will review the draft, finalize it and re-submit it to the legal service of the local state body through the electronic system.

within 1 days

Phase 6

Legal service of the local government

1. Accepts the draft document for work through the electronic system and considers the draft.

2. Places the draft on the portal for discussing draft regulatory legal documents for public discussion.

3. Gives an opinion on the draft in the prescribed manner after the completion of the public discussion.

4. Approves the draft document with the help of EDS (signs) or, if there are objections, return the draft to the developer.

5. Submits the project to the regional justice authorities for legal expertise, attaching the relevant documents in the prescribed manner.

within 2 days

Phase 7

Regional body of justice

1. Accepts the draft document through the electronic system in the prescribed manner.

2. Conducts a legal examination of the project in the prescribed manner, gives an opinion on the compliance of the project with regulatory legal acts and informs the local executive body or local representative body about this through the electronic system.

3. If there are objections to the draft document, he/she returns the draft to the local executive or representative body.

At the appointed time

Phase 8

Legal service of the local government

1. Accepts the draft and the corresponding conclusion of the territorial body of justice through the electronic system in the prescribed manner.

2. In case of a positive conclusion of the body of justice, submits the project for signature to the head of the local executive body or local representative body.

3. If the project is returned with an objection by the regional justice authority, it reworks the draft and submits this revised draft to the regional justice authority in the prescribed manner through the electronic system.

4. If the draft document is returned with an objection by the head of the local executive body or local representative body, he/she will finalize the draft document and submit this finalized draft to the head of the local executive body or local representative body through the electronic system.

5. In the event that the local executive body, the head of the local representative body or the territorial body of justice come to the conclusion that it is inappropriate to accept the project, he informs the project developer about this.

within 2 days

Phase 9

Head of the local executive body or local representative body

1. Accepts a draft document through an electronic system.

2. Signs a draft document using an EDS, automatically publishes the signed document with a special number on the main page of the electronic system.

3. If the draft document is recognized as unsuitable for acceptance, the local government returns the draft to the legal officer or the developer for revision in the prescribed manner.

4. Sends the signed document to the head of the responsible structural unit of the khokimiyat or the head of the secretariat of the Kengash for transfer to the responsible executors through the electronic system.

Local executive body — within 1 day
Local representative body — within the established period

Phase 10

Responsible structural subdivision of the local executive body or Secretariat of the Kengash

1. Receives the signed document through the electronic system and delivers it to the executive and interested organizations through this system.

2. The signed document must be published on the official websites of local governments.

within 1 days

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APPENDIX 3
to the Resolution No. 390 of the Cabinet of Ministers dated June 22, 2021
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PROCEDURE
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of development, approval, adoption (issuance), registration and announcement of non-normative draft decisions and orders adopted by local governments through the electronic system “E-qaror”
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Phases

Staff in charge

Measures

Terms

Phase 1

Project developer

1. Develops a project.

2. Sends the project for approval with interested organizations through the electronic system “E-qaror” (hereinafter — the electronic system).

As needed

Phase 2

Interested regional government bodies

1. Accepts the draft document for work through the electronic system and considers the draft.

2. Coordinates the draft document by putting an electronic digital signature (signs) or, if necessary, enters a response letter with objections and proposals to the project developer through the electronic system.

3. Submits the agreed (approved) project to the developer.

within 3 days

Phase 3

Project developer

1. Receives an agreed (approved) draft document from the electronic system.

2. Final review of the project, taking into account the relevant opinion of the interested regional state body (if necessary).

3. Submits a draft document through the electronic system to the responsible deputy in the local executive body and the relevant structural units or secretariats and permanent commissions of local representative bodies.

within 3 days

Phase 4

Responsible deputy of the local executive body, the relevant structural unit, the secretariat of the local representative body

1. Accepts the draft document for work through the electronic system and considers the draft.

2. Coordinates the draft document by putting an electronic digital signature (signs) or, if necessary, enters a response letter with objections and proposals to the project developer through the electronic system.

3. Submits the agreed (approved) project to the developer.

within 3 days

Phase 5

Project developer

1. Receives an agreed (approved) draft document from the electronic system.

2. The project is considered by the deputy head of the local executive body and taking into account the relevant conclusion of the secretariats and permanent commissions of the relevant structural units or local representative bodies (if necessary).

3. Submits a draft document to the legal service of the relevant local government through an electronic system.

4. In cases where the draft is returned with objections by the legal service of the local state body, the khokim or the chairman of the Council will review the draft, finalize it and re-submit it to the legal service of the local state body through the electronic system.

within 1 days

Phase 6

Legal service of the local government

1. Accepts the draft document for work through the electronic system and considers it

2. Approves the draft document with the help of EDS (signs) or, if there are objections, return the draft to the developer.

3. Submits a draft document to the head of the local self-government body for signing.

4. If the project is returned with an objection by the head of the local self-government body, he/she have to finalize the draft and submit this finalized draft for signature to the head of the local executive body or representative body.

within 2 days

Phase 7

Head of the local executive body and local representative body

1. Accepts a draft document through an electronic system.

2. Signs a draft document with an electronic digital signature, automatically publishes the signed and registered document with a special number on the main page of the electronic system (with the exception of documents intended for use within the service).

3. If the draft document is recognized as unsuitable for acceptance or release, the local government returns the draft document to the legal officer or the developer for revision in the prescribed manner.

4. The signed document is sent to the secretariat of the relevant structural subdivision of the local executive body or the Kengash of the local representative body for communication to the responsible executors through the electronic system.

Local executive body — within 1 day
Local representative body — within the established period

Phase 8

Corresponding structural subdivision of the local executive body, secretariat of the local representative body

1. Receives the signed document via the electronic system.

2. Delivers the signed document to executive and interested organizations through an electronic system.

within 1 days

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APPENDIX 4
to the Resolution No. 390 of the Cabinet of Ministers dated June 22, 2021
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ROADMAP
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for the implementation of the electronic system “E-qaror” in all local governments
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Measures

Implementation mechanism

Execution time

Responsible for execution

1.

Implementation of the following activities related to the launch of the electronic system “E-qaror”:

registration of heads and responsible employees (responsible persons) of local government bodies, territorial state bodies and organizations from a single identification system id.egov.uz;

authorization of responsible persons in the electronic system “E-qaror”;

contact the administrator of UZINFOCOM LLC, the only integrator for the creation and maintenance of state information services, open a personal account in the E-qaror electronic system for responsible persons, and enter the account after receiving permission;

sending electronic samples of official forms of local government bodies, territorial government bodies and organizations to UZINFOCOM LLC.

Organizational measures

June, 2021

Council of Ministers of the Republic of Karakalpakstan, khokimiyats (Mayorʼs offices) of regions and Tashkent city

Ministry of Justice

2.

Ensuring the accession of local government bodies, regional government bodies and organizations to the E-qaror electronic system by an official document (decision, resolution, order or other document) of their responsible employees.

Organizational measures

June, 2021

Council of Ministers of the Republic of Karakalpakstan, khokimiyats (Mayorʼs offices) of regions and Tashkent city, interested ministries and agencies

3.

Providing local government bodies, regional government bodies and organizations with an electronic digital signature issued by the Scientific and Information Center for New Technologies under the State Tax Committee of the Republic of Uzbekistan.

Organizational measures

June, 2021

State Tax Committee

(Sh. Kudbiev),

Council of Ministers of the Republic of Karakalpakstan khokimiyats (Mayorʼs offices) of regions and Tashkent city

4.

Together with UZINFOCOM LLC, a single integrator for the creation and maintenance of state information services, ensure the connection of heads and responsible officials of local government bodies, regional government bodies and organizations to the E-qaror electronic system.

Organizational measures

June, 2021

The Ministry for Development of Information Technologies and Communications

(Sh. Sadikov),

Ministry of Justice

(R. Davletov),

Interested ministries and agencies

5.

After the adoption of decisions and orders in the electronic system "E-qaror" by local government authorities (district and city), stop keeping a register of registration of decisions and orders in khokimiyats and transfer it to the Council of Ministers of the Republic of Karakalpakstan, regional and Tashkent city khokimiyats on the basis of a special act (statement).

Organizational measures

June, 2021

Council of Ministers of the Republic of Karakalpakstan, khokimiyats (Mayorʼs offices) of regions and Tashkent city

District and city khokimiyats (Mayorʼs offices)

6.

Creation of the possibility of bringing the decisions and orders of local government bodies in the electronic system "E-qaror" to the executive and interested organizations within this system.

Organizational measures

July, 2021

The Ministry for Development of Information Technologies and Communications

(Sh. Sadikov),

Ministry of Justice

(R. Davletov),

Council of Ministers of the Republic of Karakalpakstan, khokimiyats (Mayorʼs offices) of regions and Tashkent city, interested ministries and agencies

7.

In order to automatically place regulatory legal documents of local government bodies in the electronic system "E-qaror" in the national database of legal documents, create the possibility of sending these regulatory legal acts to the national center of legal information "Adolat" through this electronic system

Organizational measures

July, 2021

The Ministry for Development of Information Technologies and Communications

(Sh. Sadikov),

Ministry of Justice

(R. Davletov),

Council of Ministers of the Republic of Karakalpakstan khokimiyats (Mayorʼs offices) of regions and Tashkent city

8.

Organization of seminars on training employees of public authorities at all levels of the republic to work in the electronic system "E-qaror".

Organizational measures

June-July, 2021

Ministry of Justice

(R. Davletov),

The Ministry for Development of Information Technologies and Communications

(Sh. Sadikov),

Council of Ministers of the Republic of Karakalpakstan, khokimiyats (Mayorʼs offices) of regions and Tashkent city, interested ministries and agencies

9.

Preparation of video lessons and manuals for working with the electronic system "E-qaror".

Organizational measures

July, 2021

The Ministry for Development of Information Technologies and Communications

(Sh. Sadikov),

Ministry of Justice (R. Davletov),

Council of Ministers of the Republic of Karakalpakstan khokimiyats (Mayorʼs offices) of regions and Tashkent city

10.

Taking measures to eliminate technical errors made in decisions and orders confirmed in the system by an electronic digital signature, without changing the content of the decision on the basis of a letter from the khokimiyat that made this mistake.

Organizational measures

On regular basis

Ministry of Justice

(R. Davletov),

The Ministry for Development of Information Technologies and Communications

(Sh. Sadikov),

Council of Ministers of the Republic of Karakalpakstan khokimiyats (Mayorʼs offices) of regions and Tashkent city

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APPENDIX 5
to the Resolution No. 390 of the Cabinet of Ministers dated June 22, 2021
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Amendments to the Resolution No. 218 of the Cabinet of Ministers of the Republic of Uzbekistan "On measures to introduce a unified electronic system for the development, approval and registration of resolutions adopted by local executive authorities” dated April 14, 2020:
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1. Paragraph 4 shall be stated in the following wording:
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“The plan of practical measures for the creation and implementation of the electronic system "E-qaror" shall be approved in accordance with the annex.”
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2. Appendix 2 shall be considered invalid.