PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of June 14, 2022 No. UP-154

About measures for implementation of system of increase and assessment of level of openness of activities of state bodies and the organizations

For the purpose of realization of constitutional rights of citizens on free search and receipt of information, ensuring openness, transparency and accountability of activities of state bodies and organizations, and also efficiency measure definition in the field of ensuring openness and implementation of system of assessment of their activities on the basis of the advanced international standards:

1. Since August 1, 2022:

include data on the main technical performances and other project documentation of the projects financed by means of the Government budget and the international financial institutions, including perspective investment and infrastructure projects in the List of the socially important data which are subject to placement as open data;

implement the openness Index directed to efficiency evaluation and effectiveness of work on ensuring openness in state governing bodies, and also economic societies from shares of the state in authorized fund (authorized capital) of 50 percent and more and the state unitary enterprises (further - state bodies and the organizations).

2. Determine that:

a) The index of openness is estimated on the following indicators:

efficiency of activities of the workers responsible for ensuring openness in state bodies and the organizations;

condition of placement of information and rendering electronic state services on official websites of state bodies and organizations;

publication of socially important information in the information resources determined by the legislation and creation of reporting system before the public;

placement of information on ensuring openness of budget process on official websites;

placement of information on the Portal of open data;

implementation of technologies of mass communications;

condition of use of the principles of openness in early identification and the prevention of the facts of corruption;

efficiency of activities of Public council;

b) assessment of the Index of openness is carried out in the following procedure:

The index of openness is estimated from "0" to "100" points on the basis of which efficiency of activities of state bodies and organizations is classified by "green", "yellow" and "red" categories;

annual assessment includes the period from January 1 to December 31 prior year;

in 2022 the Index of openness is estimated on the period since July 1 and including the second half of the year of the current year;

openness Index count results annually till April 1 are placed anti-corruption Agency (further - the Agency) on the electronic eanticor.uz platform and in mass media.

3. Approve the Technique of monitoring and assessment of openness of activities of state bodies and organizations according to appendix No. 1.

4. To the agency (A. Burkhanov) together with the Ministry of Finance (T. Ishmetov), the State inspectorate for control in the field of informatization and telecommunications (A. Abdullaev) and other interested ministries and departments, proceeding from count results of the Index of openness it is regular to take the following measures:

a) on promoting of positive experience in the field of ensuring openness of the state bodies and organizations referred to "green" category;

b) on development, rendering assistance and the practical help to the state bodies and the organizations referred to "yellow" category in implementation of recommendations about further improvement of activities in the field of ensuring openness;

c) in the state bodies and the organizations referred to "red" category:

on introduction of offers on the application of measures of disciplinary punishment according to the procedure established by the legislation to the workers responsible for ensuring openness;

on development of the program of measures for studying and elimination of the system shortcomings allowed in the field of ensuring openness and also improvement of activities in this direction.

5. Establish procedure according to which:

each half a year at meetings of the Senate of the Oliy Majlis are heard reports of the first heads of state bodies and organizations on the carried-out work and implementation of the taken measures;

after publication of results of assessment in a month at meetings of Presidium of the Cabinet of Ministers information of heads of the state bodies and organizations which are a part of the system the Governments which according to activities are referred to "red" category, about the allowed shortcomings in the field of ensuring openness and the planned measures for their elimination is heard.

Recommend hearing of information of heads of the organizations which are not a part of the system of the Government at meetings of the Senate of the Oliy Majlis, by results - to take adequate measures.

6. Determine that based on the recommendation of the Agency the workers responsible for ensuring openness of state bodies and organizations which by results of assessment of activities are referred to "green" category are encouraged in the amount of 50 percent of monthly official pay rate at the expense of the budgetary funds and other sources which are not prohibited by the legislation once a year.

7. Form the Commission on efficiency evaluation and effectiveness of the carried-out work in the field of ensuring openness under the Agency under the leadership of his director as a part of representatives of responsible state bodies and the organizations and to determine it the main objectives:

consideration of results and acceptance of the final decision according to the Index of openness of state bodies and organizations;

carrying out discussions of the done work, implementation of the planned projects and implementation of measures in the field of ensuring openness with state bodies and organizations each half a year;

development and determination of measures of implementation of offers on expansion of amount, improvement of quality and ensuring relevance of information which is subject to open publication on the basis of analysis results and studying of public opinion;

consideration and rendering the practical help in implementation of new projects on ensuring openness of state bodies and organizations.

8. To the agency (A. Burkhanov) together with the Ministry of Justice (R. Davletov), the State committee according to the statistics (B. Begalov) and the Agency of information and mass communications (A. Hodzhayev) to submit within three-months term within the Cabinet of Ministers:

standard forms of the socially important information which is subject to obligatory placement by state bodies and organizations on the official websites;

offers on enhancement of the existing acts of the legislation on implementation of system of certification of socially important information in case of placement on official websites;

the procedure establishing implementation, registration and terms of consideration of results of remote monitoring of observance by state bodies and organizations of the obligations determined by regulatory legal acts in the field of ensuring openness.

9. Establish since July 1, 2022 procedure for placement (publication) on official websites of the data included in the List of the socially important data which are subject to placement as open data, according to which:

socially important information is posted in the separate section of the homepage of official websites of state bodies and organizations;

in case of placement of socially important information on other pages (web addresses) of official websites she is recognized unpublished, and criteria for evaluation of the Technique of monitoring and assessment of openness of activities of state bodies and organizations - outstanding.

10. Grant to the Agency the following additional rights in the field of ensuring openness of activities of state bodies and organizations:

the announcement of the warning to state bodies and organizations, their officials of non-admission of violation of the requirements established by acts of the legislation in the field of ensuring openness;

introduction of ideas of taking measures to elimination of the reasons and conditions which led to violation of the requirements established by acts of the legislation in the field of ensuring openness;

sending an inquiry on reclamation of the documents confirming reliability of the open data published by state bodies and the organizations on official websites and also in other information resources.

Determine that preventions, representations and requests of the Agency are subject to obligatory consideration by state bodies and organizations with submission of written information on results of consideration in ten-day time.

11. To the agency (A. Burkhanov):

together with the Ministry of employment and employment relationships (N. Khusanov), the Ministry of development of information technologies and communications (Sh. Shermatov) and the Ministry of Justice (R. Davletov) on the basis of the profound analysis of the corresponding experience of the advanced foreign states in two-month time to develop and publish the standard conditions which are providing disciplinary responsibility for violation of requirements of the legislation in the field of ensuring openness, having advisory nature for application in case of the conclusion of contracts with the employees of state bodies and the organizations responsible for ensuring openness;

together with the Ministry of development of information technologies and communications (Sh. Shermatov), the Agency of information and mass communications (A. Hodzhayev) and the State inspectorate for control in the field of informatization and telecommunications (A. Abdullaev) to provide carrying out till January 1, 2023 monitoring of ensuring openness, efficiency evaluation and effectiveness of the work which is carried out in the field of ensuring openness, and also processes of assessment of the Index of openness by means of the Single interdepartmental information system (platform).

12. To the agency (A. Burkhanov) to take measures for regular training and advanced training of employees of the state bodies and the organizations responsible for ensuring openness, with involvement of the international organizations and foreign experts.

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