Improvement the organizational and legal framework of the implementation of legal policy
Critical analysis of legislation
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EJMCM Volume 7 Issue 2 Pages 1632-1638
5. Critical analysis of legislation.
It is known, that the improvement of local state authority is directly related to the improvement of the activities of local councils. Currently, this issue only regulated by the “Standard procedure for monitoring the implementation of decisions of regional, district and city Councils of people’s deputies and their standing committees by local state authorities and governance bodies” adopted by the Supporting Commission of the Senate on strengthening the activities of local representative bodies on May 30, 2014. The analysis of the current legislation showed that there are a number of gaps in the legislation regulating the oversight activities of local councils: Firstly, the Law on Local state authority and other legislation do not contain the mechanisms of exercising deputy control in local councils and norms providing for the legal consequences of deputy control; Second, the legislation does not fully define the forms of deputy control, in particular, the mechanisms of sending and receiving responses to requests, and the timely response of officials to requests. Some heads of local executive authorities are negligent and inaction in considering the issues determined in the requests. As a result, the issues raised in the parliamentary requests at protecting the rights and interests of citizens are remaining unresolved; Third, there are no organizational and legal procedures for hearing the reports of officials and the legal consequences of decisions made on them. Nowadays, we can also observe a number of common shortcomings in the texts of the decisions of local councils of people’s deputies. In particular, in many cases the name of the decision of the Council of people’s deputies does not correspond to its content. When referring to normative legal acts in the texts of resolutions of the Council of people’s deputies, their details – the date and number of adoption of the normative legal act are not specified in full. The instructions in the decisions of the Council of people’s deputies are given only for formality, so the instructions are not clear and understandable. Sometimes, the decisions of the Council of people’s deputies do not specify the specific executors responsible for the implementation of this decision. Another serious shortcoming is that the deadlines for the implementation of the tasks set out in the decisions of the Council of people’s deputies, the persons responsible for ensuring the implementation of the tasks in these decisions are not defined. In some cases, we observe the control over the execution of decisions of the Council of people’s deputies is entrusted not to the standing committees or deputies of the Council of people's deputies, but to officials of the governor’s administration or deputy governors – heads of relevant complexes. Such shortcomings in the activities of the Councils of People's Deputies do not have a positive impact on the effectiveness of the work related to the implementation of the decisions of the Council of People’s Deputies, nor on the activities of deputies. It is known that the Law “On local state authority" determines that the Councils are regularly informed about the implementation of decisions at the session, taking into account the critical views and opinions of deputies at the sessions. Therefore, in the current situation, forms of establishing deputy control over the implementation of decisions are being
European Journal of Molecular & Clinical Medicine
ISSN 2515-8260 Volume 7, Issue 2, 2020 1638
developed. Proper control over the execution of decisions will help to ensure clear account of the implementation of decisions in the governor’s administration, its departments and divisions by standing commissions. For this purpose, a special journal is released in the governor’s administration. It contains the decision of the Council, the decision and order of the governor, the serial number of the document, the time of its adoption, the name and the sent file, which also notes the implementation of decisions. After the decision is executed, the identity of its executor is taken under control under the direction of the heads of the authorities responsible for the area, and this is recorded on the card. This allows to formally monitor easily the implementation of decisions . Download 194.83 Kb. Do'stlaringiz bilan baham: |
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