ADMINISTRATIVE DIGEST OF UZBEKISTAN FOR 2023

Doniyor Abduazizov

Image source: www.president.uz

2023 was pivotal in public administration, signifying major governmental changes with a new constitution that reshaped governance frameworks and expanded the President’s mandate, indicating a shift in executive power. This digest focuses on state body reorganization, forming a more efficient government, and significant restructuring of the President’s administration office.

A. Administrative changes under the Referendum on adopting new Constitution

The decision to adopt a new constitution was not merely an act of legal reform; it was a bold statement of intent, signaling a departure from traditional administrative practices and embracing a future-oriented approach to governance. This constitutional change broadened President’s mandate. Bullet points in the new constitution are as follows:

• The term of office of the President was extended from 5 to 7 years. The President’s role as the “head of the state,” a two-term limit, the presidential oath, and most related norms remain unchanged. Notably, the term was previously extended to 7 years in 2003 and then reduced to 5 years in 2011.;
• The candidate for the Prime Minister is now presented by the President. Before nominating a Prime Minister, the President consults with all parliamentary party factions. The legislative Chamber then reviews the nominee; if over half the deputies approve, the Prime Minister is confirmed. If rejected thrice, the President can appoint the Prime Minister and dissolve the Legislative Chamber. Previously, the largest-seat party in the Chamber proposed the candidate, needing presidential and both Chambers’ approval.
• The Senate now elects heads of anti-corruption and anti-monopoly committees on the President’s recommendation. It also selects top judicial officials, approves Chief Prosecutor and Chamber of Accounts chair candidates, consults with the President for the State Security Council chair, and appoints/dismisses the Central Bank chairman and main diplomats, all following the President’s suggestions. In addition, the Senate obtained the power to cancel illegal decisions of local councils.
• It was determined that the President has the right to call the presidential election before the end of the presidential mandate. In addition, the Legislative Chamber and the Senate were given the power to dissolve themselves (requiring a vote of at least two-thirds of the members of the chamber). It was also written that in case of serious incidents, the two chambers can conduct a parliamentary investigation by making a joint decision.
• The rule that the same person cannot occupy one position more than twice, except for the President, now applies to the chairman of the Senate, the speaker of the Legislative Chamber, the chairman and deputy of the Supreme Court, the chairman and deputy of the Supreme Council of Judges, the chairman of the Central Election Commission, the Chief Prosecutor, to governors and chairmen of councils.
• In local state administrations, representative and executive bodies are now distinct. Governors (Hokims) no longer chair the local deputy councils, aligning with the principle of separation of powers and mutual restraint of the branches of power. The revised Constitution establishes local councils as elected representative bodies and local governments as executive bodies.

Governor chairmanships in councils will end as follows:

• according to the results of the 2024 deputy elections in the regions and the city of Tashkent;
• in districts and cities from January 1, 2026.

The chairmen of local councils are elected from among council deputies for a period of 5 years. Hokims are appointed for a period of 5 years, and the appointed Hokims are approved by the councils.

The powers of the councils include, inter alia:

• review and adoption of the local budget, control over its implementation;
• approval of programs for socio-economic development of regions and social protection of the population;
• approving the governor, hearing reports on his activities.

The powers of governors include, among others, the following:

• execution of the Constitution and laws, decisions of the parliamentary chambers, decrees, decisions and orders of the president, decisions of the Cabinet of Ministers, high-ranking governors and relevant councils of people’s deputies;
• implementation of measures aimed at ensuring economic, social, cultural and ecological development of regions;
• formation and execution of the local budget.

According to Article 7 of the Constitution, the terms of government officials at all levels have been annulled. That means that these officials have the rights to be elected and appointed to the same positions on an equal basis with other citizens, regardless of the number of chronic terms of their tenure before the Referendum.

B. Decree of the President “On measures for implementation of new Uzbekistan administrative reforms”

Uzbekistan recently implemented major administrative reforms to establish “New Uzbekistan” with an efficient management system. These reforms streamlined state bodies by cutting non-sectoral tasks and incorporating digital technologies, reducing their number by 15% and eliminating 40 deputy roles in 26 state bodies. The reforms also minimized bureaucratic hurdles, enhancing public services by canceling about 30 licenses and permits, simplifying over 70 state services, and reducing over 60 document requirements. Additionally, the reforms decreased the number of independent executive authorities from 61 to 28 and ministries from 25 to 21.

The Decree positioned the following updated list of state administration bodies of the Republic, which are being reorganized from January 1, 2023:

C. President Administration reforms

Massive administrative reform was also observed in the Presidential Administration (hereinafter ‘PA’). On August 17, Shavkat Mirziyoyev approved the new structure of the PA. As a result, the position of the head of the PA was abolished, two more positions of presidential assistants were introduced, and the number of advisers was increased from 9 to 11. With the relevant decree of the President, the following structure established:

1. Saida Shavkatovna Mirziyoyeva to the position of Assistant to the President;
2. Aziz Yuldashevich Magrupov to the position of Assistant to the President;
3. Ravshan Ayubovich Gulyamov to the position of adviser to the President on economic development issues;
4. Alisher Saidabbasovich Sultanov to the position of adviser to the President on energy security issues;
5. Shukhrat Madaminovich Ganiyev to the position of adviser to the President on issues of agrarian development;
6. Muzaffar Murotovich Kamilov to the position of adviser to the President on religion and inter-ethnic relations;
7. Gofurjon Ganiyevich Mirzayev to the position of Advisor to the President on Personnel Policy Issues – Director of the State Service Development Agency under the President;
8. Daniyor Bakhtiyorovich Kadyrov to the position of adviser to the President on the issues of coordinating the activities of law enforcement and control bodies;
9. Komil Ismoilovich Allamjonov to the position of head of the Information Policy Department of the Presidential Administration;
10. Komil Ismoilovich Allamjonov to the position of head of the Information Policy Department of the Presidential Administration;
11. Odil Qalandarovich Abdurakhmanov to the position of head of the Social Development Department of the Presidential Administration;
12. Kahramon Kuchkarovich Kuranbayev to the position of head of the Youth Policy Department of the Presidential Administration;
13. Alisherbek Azizovich Paygamov to the position of head of the Department of Foreign Relations of the Presidential Administration;
14. Nodirjon Abdukunduzovich Abdurakhimov to the position of head of the Department of Planning and Information Supply of the Presidential Administration;
15. Utkirjon Gayratovich Kodirov to the position of head of the Department of Cooperation with Territories and Preparation of Analytical Materials of the Presidential Administration;
16. Ulugbek Uchkunovich Kurbanov to the position of Head of the Presidential Protocol;
17. Sherzod Ikromovich Asadov to the position of Presidential Press Secretary;

If compared to the previous structure presented on the President’s website (there is no document in the legal framework), the number of advisers has increased from 9 to 11. The following positions were retained in the new structure:

• Advisor to the President-speechwriter;
• Advisor to the President on issues of coordination of law enforcement and control bodies;
• Adviser to the President on sustainable development of the Aral Bay region;
• Advisor to the President on socio-political development issues;
• Consultant – director of the National Social Protection Agency.

The position of adviser on economic development is being introduced instead of the adviser to the President on the development of economic sectors, investment and foreign trade policy implementation.

The position of adviser to the President on issues of public service, communication with the population and coordination of activities of local authorities is being changed to adviser on personnel policy.

The position of adviser to the President on cooperation with public and religious organizations is being changed to adviser on religion and inter-ethnic relations.

New positions of advisers were introduced in the new structure of the presidential administration:

• Adviser on special assignments held by Sardar Umurzakov after the termination of the position of the head of the presidential administration;
• Сonsultant on energy security issues. In March, Alisher Sultanov was appointed adviser to the president on oil, gas, chemical and energy issues, but this was not officially announced;
• Сonsultant on agrarian development issues.

The structure also includes the Department of Digitization and Information Supply, the Department of Foreign Relations (including the President’s Special Representative on WTO Issues and the International Institute of Central Asia).

Conclusion

The government implemented a large-scale administrative reform, but there are still some issues to consider:

1. The government aims to promote digitalization and prevent corruption by reducing the number of ministries and committees.
2. The government aims to address budgetary and functional problems and eliminate dual functions within ministries by decreasing the number of employees.
3. The new streamlined government is moving from direct economic intervention to fostering cooperation and encouraging economic freedom.

It is important to note that the current political reform trajectory does not completely align with the given diagnosis. Despite efforts, corruption-related cases are still prevalent, particularly in the areas of construction, banking, the judicial system, and the effective use of budget funds. This is mainly due to the need for more internal control and compliance structures that are aimed at curbing corruption at all levels of the power structures of the Republic. Thus, the conclusion of this digest may only mark the beginning of the administrative reforms. Nonetheless, subsequent research is required to analyze the productivity and efficiency of the government’s reforms.

Cite as:  Doniyor Abduazizov, “ADMINISTRATIVE DIGEST OF UZBEKISTAN FOR 2023”, Uzbekistan Law Blog, 08.01.2024.