I. General Provisions
1.1. This Regulation was developed in accordance with the Regulation on the legal service of state bodies and organizations, approved by the Decree of the President of Uzbekistan "On measures to fundamentally improve the activities of the legal service" of January 19, 2017 No. PP-2733, the Resolution of the Cabinet of Ministers of Uzbekistan "On measures on the implementation of the decree of the President of the Republic of Uzbekistan dated January 19, 2017 N PP-2733 “On measures to fundamentally improve the activities of the legal service”, establishes requirements for activities of the Legal Department of the Ministry of Employment and Labour Relations (hereinafter - the Department), their rights, duties and responsibilities.
1.2. The purpose of the Unit is to ensure the proper organization of legal work in the system of the Ministry and the activities of legal services.
1.3. The department operates in cooperation with the departments and divisions of the ministry, the legal departments of state bodies of the republic and legal services at enterprises and organizations.
1.4. The unit operates in accordance with the Constitution and laws of the Republic of Uzbekistan, resolutions of the Chambers of the Oliy Majlis, the Regulation on the legal service of state bodies and organizations, approved by the Resolution of the President of Uzbekistan "On measures for the fundamental improvement of the legal service" dated January 19, 2017, No. PP -2733, also by the Resolution of the Cabinet of Ministers of Uzbekistan "On measures to implement the resolution of the President of Uzbekistan dated January 19, 2017 N PP-2733" On measures to rennomu improvement of activities of the legal service", decisions of the Supreme Court of the Republic of Uzbekistan, decisions, orders of the Ministry of Employment and Labour Relations of the Republic of Uzbekistan and this Regulation.
II. Main tasks of the Unit
2. The main tasks of the Unit are as follows:
2.1. The organization of the rule of law and the rule of law in the enforcement of the Ministry;
2.2. Monitoring compliance with the legislation of draft legal documents and other acts developed (adopted) by the Ministry;
2.3. Participation in the legislative activity of the ministry, coordination of the work of their structures in matters of preparing proposals for improving legislation;
2.4. Improving legal culture and literacy of Ministry employees, participating in bringing to them the essence and significance of adopted legal documents including through ICT;
2.5. Conducting contractual and claim work, ensuring reliable protection of property and other interests of the Ministry.
2.6. In accordance with the assigned tasks, the Legal Unit performs the following functions:
2.6.1. In the sphere of ensuring the rule of law in law enforcement activity of the Ministry:
a) makes proposals to eliminate violations of the law in the ministry, as well as relevant departments, the causes and conditions that contribute to it, participates in taking these measures;
b) conducts an examination for compliance with the law of orders, directives, contracts and documents of legal nature provided to the Ministry's staff and issue visa in absence of objections and proposals for them.
c) issues opinions on the decisions of the ministry affecting the realization of the rights and freedoms of individuals and legal entities;
d) independently or together with other divisions prepares proposals on development of orders, contracts and documents of legal nature, making changes and additions to them, and recognizing them invalid;
e) studies, analyzes and summarizes the law enforcement practice in the ministry, as well as the relevant departments, prepares and submits to the guide proposals for its improvement;
f) together with other departments, takes part in the consideration of applications, proposals and complaints indicating violation of legislation in the activities of the ministry, relevant structures and their officials;
g) participates in development of proposals for improving the management system in the ministry, defining the rights and obligations of the systems included in the ministry system and their officials;
h) participates in ensuring compliance with labour legislation, drafting legal documents (labour contract, public offer, public agreement and other documents) regulating labour relations, verifies the compliance of these documents with legislation and gives a legal opinion;
i) submits to the Department of the Ministry report on status of rule of law in the activities of the Ministry;
j) provides legal assistance to trade unions of employees of the ministry and other representative bodies in the exercise of their powers;
2.6.2. In area of monitoring compliance with legislation of draft legal documents and other acts developed (adopted) by the ministry, participation in the legislative activity of the ministry, coordination of their structures in preparing proposals for improving legislation:
a) develops current plans and perspective plans of the law-making activity of the ministry or takes part in exercising control over their development, implementation and execution;
b) develops draft regulatory documents on issues within the ministry or participates in their development;
c) develops draft departmental regulatory legal documents of the ministry and participates in their development and legal expertise in the Ministry of Justice of Uzbekistan and state registration;
d) jointly with independent or other departments, conducts legal expertise of draft regulatory documents provided for examination or approval for compliance with their legislation, rules of legislative technique, feasibility of applying reference rules, prepares legal opinions on absence of factors leading to corruption;
e) conducts on ongoing basis an analysis aimed at identifying the factors leading to corruption in current legal and regulatory documents of the Ministry;
e) participates in development of proposals for improvement of public administration in activities of the ministry;
g) maintains systematic record of documents received by the Ministry and documents adopted by it, including regulatory legal acts in accordance with the established requirements, ensures their safety and being in a controlled condition;
h) takes measures for staffing of fund with regulatory documents of the ministry, including codes, laws, reviews, information and other legal publications, makes proposals to the Ministry’s Administration for subscription to legal publications;
i) prepares for publication of collections of legislation on issues within the competence of the ministry;j) coordinates the activities of the legal services of the structures included in the ministry’s system, ensures coordinated cooperation;
k) provides methodological assistance to the legal work of the structures included in the ministry’s system, develops recommendations and instructions on the areas of activity of the legal service;
2.6.3. In the field of improving the legal culture and literacy of the ministry’s employees, bringing to them the essence and significance of the adopted legal documents, including through information and communication technologies:
a) prepares analytical materials on legislation for the central office of the ministry;
b) makes proposals on organization of events to improve the legal knowledge of the staff of the ministry, as well as the divisions included in its system, participates in the implementation of these events;
c) conducts work on promotion of legislation on the activities of the ministry;
d) immediately enter into information service of the ministry information about the regulatory documents and their essence and meaning, taken with the purpose of posting on the ministry's website;
e) renders assistance to ministry employees in the search for legal documents on the activities of the ministry, where necessary gives explanations regarding their rules;
e) communicates to structures included in the system of the Ministry of information on changes in legislation, judicial practice, instructions on the legal work of the Ministry of Justice of the Republic of Uzbekistan;
2.6.4. In the area of conducting contractual and claim work, ensuring reliable protection of property and other interests of the Ministry:
a) in case of disputes with the ministry, as well as citizens, independently or jointly with other structural units, take measures to resolve them pending trial;
b) together with other structural units participates in the preparation and drafting by the Ministry of contracts;
c) monitors compliance with the established procedure for drawing up, executing and terminating contracts and making amendments thereto;
d) participates in preparation of requirements for protection of the interests of the ministry and the consideration of requirements regarding the ministry, monitors compliance with the procedure for filing claims and their consideration
e) in conjunction with the relevant departments, examines the status of receivables and payables of the Ministry, takes measures to reduce their volume;
e) conducts claim work on disputes arising from contractual relations;
g) participates in preparation of documents necessary for the legal protection of property and other interests of the ministry and at court sessions in the prescribed manner;
h) checks compliance of legal documents on conservation of property with he legislation and participates in their preparation;
i) together with other structural subdivisions, analyzes causes of theft of property, shortages and non-production expenses in the ministry and facilitates conditions and takes measures to eliminate them, prepares materials on facts of embezzlement of property and shortages for sending them to law enforcement agencies;
j) gives legal opinions on draft documents on deregistration of material values and monetary funds, acts on audit checks of the inventory, which have revealed offenses and abuses.
III. The rights of the Unit
3. The Unit has the following rights
3.1. Reclaim the regulatory documents received by the Ministry for familiarization, use in the service and keeping their systematic account;
3.2. To demand from the ministry, as well as officials of the units included in its system, documents and information necessary to perform the tasks and functions assigned to the Legal Unit;
3.3. To participate in meetings, kengashes and meetings on legal issues raised by management;
3.4. In accordance with the instructions of the Minister or in agreement with the head of the relevant department, involve their employees in activities related to the preparation of regulatory documents and other documents, implementation of legal work;
3.5. To return to the performers drafts of regulatory documents and other documents that contradict the law, do not meet the requirements of the legislative technique for careful development, give legal conclusions on elimination of identified deficiencies, justifying their objections, on he initiative of the management and with other departments to participate in the in-depth development of these projects ;
3.6. To study in the divisions included in the system of the ministry compliance with the law in matters within the competence of the ministry;
3.7. To include in the management proposals on bringing to responsibility the managers and employees of the ministry and the divisions in its system that do not enforce the law or violate it;
3.8. To take part in investigations, audits and inventories conducted by the ministry and the units within its system, as well as review documents on their results and give legal opinions on the violations found;
Legal Unit may have other rights in accordance with the law.
IV. The duties of the Unit
Legal Unit has the following duties:
4.1. Effective implementation of the functions assigned by the Decree "On the legal service of state bodies and organizations" and other legislation;
4.2. Immediate informing the higher authority, the Ministry of Justice of Uzbekistan and other law enforcement agencies about the revealed violations in the Ministry, the systems included in its system;
Legal Unit may have other duties in accordance with the law.
V. Responsibility of the Unit
5.1. The Legal Unit is responsible for compliance with legislation of documents it sights and the opinions provided to them.
5.2. The Legal Unit is responsible in accordance with the law for the non-fulfillment or improper performance of its duties and functions.