Raising the effectiveness of the implementation of international treaties into national legislationAug 4, 2015
On 4th August of 2015, The Institute for Monitoring of Current Legislation under the President of the Republic of Uzbekistan in cooperation with the Senate of the Oliy Majlis of the Republic of Uzbekistan in support of “Support to the Enhancement of Lawmaking, Rulemaking and Regulatory Impact Assessment (RIA)”UNDP Project organized an expert workshop on topic "Issues for enhancement of the international treaties implementation system in Uzbekistan".
The aim of event was discussing about current state of implementation of international treaties of the Republic of Uzbekistan, as well as identification of new tools to raise the effectiveness of the implementation of international treaties into national legislation, based on best international practices.
In his speech, Shukhrat Chulliev, Head of the Legal Department of the Senate of Oliy Majlis of the Republic of Uzbekistan has noted that the implementation of international treaties in national legislation is an important part of legislative work. The system of implementation involves the creation of the necessary conditions for the proper application of international treaties during domestic and foreign policy making of a country and the issues of improving legislation in this area is an urgent task for the government bodies involved.
UNDP national consultant Olim Akilov presented the system of implementation of treaties of the Republic of Uzbekistan and its enhancement issues, emphasizing that since the independence of Uzbekistan necessary legal framework has been created: in particular, the Law on treaties of the Republic of Uzbekistan, and a number of legal acts regulating activities in this area.
At the same time, he also noted a number of obstacles which occur on the way of implementation of treaties. In particular, the lack of a clear mechanism and procedures for implementation of legal obligations arising from the concluded treaties of the Republic of Uzbekistan, i.e. there are no regulatory standards on how to implement a treaty into national law or how to observe compliance to treaties.
Also an international expert from Australia, Damien van der Toorn, who is accomplishing mission to Uzbekistan within framework of “Support to the Enhancement of Lawmaking, Rulemaking and Regulatory Impact Assessment (RIA)”UNDP Project and has a remarkable practical experience in the government bodies of Australia in the sphere of implementation of international treaties participated in the workshop.
In his speech he presented a comparative analysis of various national systems of the implementation of international treaties, including Australia, Germany and the Netherlands, and emphasized the key features of negotiation, implementation and inventory procedures. Also, he has provided details on how the work is carried out with the treaties by both the executive and legislature, the allocation of responsibility between the ministries and agencies in an approval procedure as well as on ways to resolve legal conflicts between national and international law.
During the discussions, the participants suggest a number of proposals and recommendations aimed to enhance the quality of legal expertise of draft international treaties, the introduction of new mechanisms of legislation on international treaties, such as certification, as well as for enhancement of mechanism for monitoring the proper implementation of treaties and harmonization of national legislation in the sphere of international treaties.
This meeting is part of the activities carried out by the working group on the implementation of international treaties of the Republic of Uzbekistan with the support of the UNDP? The main objectives are following:
- conducting studies of existing legislative arrangements for the preparation, ratification, approval, implementation, termination, suspension and denunciation of international treaties;
- Development of methodology of inventory of international treaties based on best international practices;
- Organization of a full inventory of international treaties on the interstate, intergovernmental and interagency levels;
- Development of legal mechanism for certification of international treaties, the development of procedural mechanisms to implement the provisions of international treaties;
- Development of proposals and recommendations for amendments and additions to the legislation of the Republic of Uzbekistan in the sphere of international treaties;
- Organizing and conducting a series of training seminars for employees of ministries, state committees and agencies for capacity building in inventory and certification of international treaties.
All recommendations of working group, methodological materials and draft legal acts prepared will be transferred to the government, ministries and agencies involved in the process of working with international treaties.