Last update : 05.06.2020



The Ministry of Justice will hold a "regulatory guillotine" of legislative acts.

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The Ministry of Justice will hold a "regulatory guillotine" of legislative acts.

In his speech at the solemn meeting dedicated to the 27th anniversary of the adoption of the Constitution of the Republic of Uzbekistan, President Shavkat Mirziyoyev emphasised on updating and systematizing domestic legislation.


In his speech at the solemn meeting dedicated to the 27th anniversary of the adoption of the Constitution of the Republic of Uzbekistan, President Shavkat Mirziyoyev emphasised on updating and systematizing domestic legislation. Therefore, the Ministry of Justice has developed draft normative legal acts providing for the recognition as invalid of a number of documents that are inactive and, accordingly, have lost their relevance. Such procedure  referred to in international practice as the “regulatory guillotine” of legislative acts.

What this concept means and what goals this process pursues will describe Alisher Ismoilov, chief consultant of the Department for Analysis and Systematization of Legislation of the Ministry of Justice.

- What does "regulatory guillotine" mean?

- During the period of independence in Uzbekistan, a lot of norms have been formed regarding the organization of production and business, the timing of inspections in various areas of work. According to estimates, more than 20,000 by-laws have been adopted, many of which are long outdated. "Regulatory guillotine" is the analysis of all these requirements in order to determine which of them remain relevant and which have already lost their former significance. The norms that the government considers obsolete or irrelevant are proposed to be cut off within the framework of the "guillotine" by removing them from the law. In short, the main idea of ​​the process is the possibility of a quick review and cancellation of a significant number of regulatory acts based on the filtering results.

-That means a certain number of legal documents will be simply taken and canceled? 

- Not exactly. Technically, "cut off" only those norms which have lost their relevance. The rest will be brought into line with the requirements of the present, and in the future it will become easier to navigate, understand and comply with the requirements of the law. Contradictory norms will cease to exist. All this will lead to the fact that the acts will take on a form that is convenient and understandable for business.

- What is the foreign experience of applying this method?

- For instance, in the United Kingdom in 2011-2015,  the Red Tape Challenge, Focus on Enforcement, and Good Law programs were launched. Overall, in five years  possible costs of business entities to comply with the requirements of certain legal acts in the amount of more than ten billion pounds have been saved. At the same time, according to the results of the implementation of one of such programs in the field of sales, 44 percent of regulatory legal acts were repealed, 16 - revised, 40 -  unchanged. The total number of repealed or revised regulatory acts has reached 3,500.

"Focus on Enforcement" is aimed at a substantive study of the views of the business community on improving the law enforcement sphere. In particular, the government published several open letters to entrepreneurs to provide their opinions on improving the law enforcement sphere in a specific field of activity.

The program "Good Law" - an initiative by the UK government to implement a new order and style of writing legal acts, as well as commenting on them in the electronic database of legislation.gov.uk apperead also effective. As a result of its implementation, legislative acts were revised with a view to simplifying the writing style.

As an Example in South Korea, the principle in question was used after the 1997 Asian financial crisis. The government reviewed each regulatory rule that affects business and eliminated half of them: 6,000 rules in 11 months. The reform resulted in the formation of a million work places over the next few years, ensuring an influx of $ 27 billion in additional foreign investment.

- How this measures will be implemented in Uzbekistan?

- At the first stage, the Ministry of Justice proposes to clear the “field” by annuling more than two thousand legal acts, which are currently outdated and do not affect law enforcement practice. Next, a specific area will be selected for the "guillotine". Following this, all state bodies will have to submit regulatory documents related to the process to the ministry. In addition to this, each agency should have a justification for assessing the need for a particular act. Each regulatory document will be carefully examined by the formed working group and entrepreneurs. These documents will make up a general list (register) of filters that have passed, and any normative legal act that is not included in it after the deadline for submitting documents is considered invalid. The generated list becomes a complete register of regulatory legal acts and is considered by law as a regulatory database in the designated area. New documents or additions to the existing ones shall be included in the register within one day from the moment of adoption.
- What are the goals of the mechanism of "regulatory guillotine"?

- Firstly, the political and administrative costs of quickly eliminating a large number of unnecessary rules will be reduced, secondly, an active consultation process will be organized for entrepreneurs and other interested parties, and thirdly, a sustainable process of quality control and the legal provision of legal and regulatory requirements will be developed.

Such changes should be carried out in an evolutionary rather than revolutionary way, since the haste of decision-making in the abolition of legislative acts can lead to adverse consequences leading to injustice for a large number of people, as well as the growth of conflict and controversial situations in society.