ADMINISTRATIVE LIABILITY FOR VIOLATING THE REQUIREMENTS OF OPENNESS LEGISLATION ESTABLISHED
The current openness legislation states that officials guilty of violating the requirements of the legislation on the openness of the activities of public authorities and administration are liable in the prescribed manner, but it does not determine on the basis of which legal norm this liability is regulated.
For to ensure the implementation of the Decree of the President of the Republic of Uzbekistan No. DP-6247 and eliminate this gap in the legislation, the Anti-Corruption Agency has developed a draft law ‘On introducing amendments and additions, as well as on recognizing certain legislative acts of the Republic of Uzbekistan as invalid.’
The law was signed by the President of the Republic of Uzbekistan on August 3, 2022.
In accordance with the law, the Code of Administrative Responsibility of the Republic of Uzbekistan is supplemented by Article 215-7, which establishes liability for violation of the law on the openness of activities of public authorities and administration.
The Code is also supplemented by Article 245-10, which charges the Anti-Corruption Agency to draw up a protocol on cases of this category and submit to the court for consideration.
Now, violation of the law on the openness of the activities of public authorities and administration, including no publication or incomplete disclosure of information included in the list of socially significant information to be posted as open data, violation of the terms and procedure for publication or distortion of information entails administrative liability.
For reference: The List of socially significant information to be posted as open data was approved by Decree of the President of the Republic of Uzbekistan No. DP-6247 (Appendix 1), in which government agencies and organizations are entrusted with the task of posting 35 categories of information.
14 categories of information should be disclosed by all government agencies and organizations, one category of information should be disclosed by the Council of Ministers of the Republic of Karakalpakstan, regional and Tashkent city administrations, and 20 categories of information should be disclosed by 12 ministries or departments of the republican level.
In accordance with the new articles of the Code of Administrative Responsibility, the following liability measures are established for failure to fulfill the obligations to place socially significant information in prescribed information resources:
- a fine on officials in the amount of 3 to 5 times the base calculated value (from 900 thousand to 1.5 million soums);
- in case of repeated violation within a year after the application of an administrative penalty, officials are fined in the amount of 5 to 10 times the base calculated value (from 1.5 million to 3 million soums).
The Anti-Corruption Agency