Legal consultant

Lawyer is an independent position established and implemented in order to provide legal support to the institution of legal consultant. The legal consultant is directly subordinated to the head of the institute. Legal consultant of the Institute in its activity is guided by the Constitution and laws of the Republic of Uzbekistan, decisions of the Chambers of the Oliy Majlis of the Republic of Uzbekistan, decrees, decisions and orders of the President of the Republic of Uzbekistan;

To take part in lawmaking and law enforcement activities of the Institute

Radjabov Baxtiyor | tkti.uz
Senior lawyer
  • Radjabov Baxtiyor
  • yuristkonsult@tkti.uz
  • +998 90 187 94 66
  • +998 90 187 94 66

1. The following are the main areas of activity of the Senior Legal Adviser:

To organize the provision of the rule of law and legality in the law enforcement activities of the Institute;

The Senior Legal Adviser supervises the compliance of draft normative-legal and other documents developed (adopted) by the Institute with the legislation;

The Senior Legal Adviser participates in the law-making activities of the Institute and coordinates the work of its divisions on preparing proposals for improving legislation;

The Senior Legal Adviser participates in increasing the legal culture and legal literacy of the Institute’s employees, as well as in explaining the content and significance of adopted normative-legal documents to them, including through modern information and communication technologies;

The Senior Legal Adviser conducts contractual-legal and claim-related work and ensures the reliable protection of the property and other interests of the Institute.

2. In order to implement the main areas of activity of the Senior Legal Adviser, the following functions are performed:

1) In the field of organizing the provision of the rule of law and legality in the law enforcement activities of the Institute:

a) Submits proposals to eliminate violations of the law, their causes, and conditions in the Institute and its relevant divisions, and participates in the implementation of these measures;

b) Examines drafts of orders, directives, contracts, and other legal documents submitted to the management of the Institute for their compliance with the legislation, and if there are no objections or comments, approves them (visas). In this case, the Senior Legal Adviser places their visa after other structural divisions (employees) of the Institute;

v) Provides opinions on the Institute’s decisions affecting the exercise of the rights and freedoms of individuals and legal entities;

g) Independently or jointly with other divisions, prepares proposals on developing, amending, and supplementing the Institute’s orders, directives, contracts, and other legal documents, as well as on recognizing them as invalid;

d) Studies, analyzes, and summarizes law enforcement practices in the Institute and its divisions, prepares proposals for their improvement, and submits them to the management;

e) Together with the Institute, the Senior Legal Adviser participates in the review of applications, proposals, and complaints indicating violations of legality in the activities of the relevant divisions and their officials;

j) Participates in developing proposals for improving the management system of the Institute and determining the rights and obligations of its structural divisions and officials;

z) Participates in ensuring compliance with labor legislation in the Institute, including in developing legal documents regulating labor relations (employment contracts, collective agreements, collective arrangements, etc.), checks the compliance of these draft documents with the law, and provides legal conclusions;

i) Submits reports to the management of the Institute on the state of ensuring the rule of law and legality in the Institute’s activities;

k) The Senior Legal Adviser provides legal assistance to the Institute’s employees in exercising the powers of trade unions and other representative bodies.

2) In the field of supervising the compliance of draft normative-legal and other documents developed (adopted) by the Institute with the legislation, as well as coordinating the work of its structural divisions in matters of participating in the Institute’s law-making activities and preparing proposals for improving legislation:

a) Develops or participates in the development, implementation, and monitoring of current and prospective plans of the Institute’s law-making activities;

b) Develops or participates in the development of draft normative-legal documents on issues within the competence of the Institute;

v) Develops or participates in the development of departmental normative-legal documents of the Institute, as well as in their submission to the Ministry of Justice of the Republic of Uzbekistan for legal expertise and state registration;

g) Independently or jointly with other divisions conducts legal expertise of draft normative-legal documents submitted for examination or approval, prepares legal opinions on their compliance with legislation, the rules of legislative technique, the reasonableness and expediency of applying reference norms, and the absence of corruption-generating factors;

d) If there are no objections or comments regarding draft normative-legal documents, approves (visas) them. In this case, the Senior Legal Adviser places their visa after other structural divisions (employees) of the Institute;

e) Systematically conducts an analysis of existing normative-legal documents in the relevant field of the Institute’s activities aimed at identifying corruption-generating factors;

j) Participates in the development of proposals for improving the management of the Institute’s activities;

i) Takes measures to replenish the Institute’s normative-legal documents fund, including supplementing it with codes, laws, commentaries, bulletins, and other legal publications, and submits proposals to the Institute’s management on subscribing to legal publications;

k) Prepares collections of legislative documents on issues within the competence of the Institute for publication;

l) Coordinates the activities of the legal services of the structural divisions that are part of the Institute’s system and ensures coordinated cooperation;

m) Provides methodological assistance to the legal work of the divisions within the Institute’s system, develops recommendations and guidelines on the directions of legal service activities.

3) In the field of improving the legal culture and legal literacy of the Institute’s employees, and communicating the content and significance of adopted normative-legal documents to them, including through modern information and communication technologies:

a) The Senior Legal Adviser prepares analytical materials on legislative matters for the Institute’s management;

b) Submits proposals on organizing activities to improve the legal knowledge of the employees of the Institute and its structural divisions, and participates in holding these activities;

v) Carries out activities to promote legislation related to the Institute’s activities;

g) The Senior Legal Adviser promptly submits to the information service data on adopted normative-legal documents and their content and significance for publication on the Institute’s website;

d) Assists the Institute’s employees in finding legal documents related to the Institute’s activities upon their requests, and provides explanations on their provisions when necessary;

ye) Communicates information about legislative amendments, judicial practice, and instructions of the Ministry of Justice of the Republic of Uzbekistan concerning legal work to the structural divisions of the Institute’s system.

4) In the field of conducting contractual-legal and claim-related work, ensuring reliable protection of the Institute’s property and other interests:

a) In case of disputes involving the Institute or citizens, takes measures independently or jointly with other structural divisions to resolve them pre-trial;

b) Jointly with other divisions, participates in the preparation and conclusion of contracts by the Institute, checks their compliance with legislation, and if there are no objections or comments, approves (visas) the draft contracts. In this case, the Senior Legal Adviser places their visa after other structural divisions (employees) of the Institute;

v) Controls compliance with the established procedure for concluding, executing, amending, and terminating contracts;

g) Submits proposals on ensuring the proper performance of contracts concluded by the Institute, and participates in developing proposals to improve contractual relations;

d) Participates in the preparation of claims to protect the interests of the Institute, reviews claims made against the Institute, and monitors compliance with the procedure for submitting and reviewing claims in state bodies and organizations;

e) Together with relevant divisions, studies the status of receivables and payables of state bodies and organizations, and takes measures to reduce their amount;

j) Conducts claim-related work on disputes arising from contractual relations;

z) Participates in the preparation of necessary documents for the legal protection of the Institute’s property and other interests, as well as in court hearings in the prescribed manner;

i) Checks the compliance of draft legal documents on property preservation issues with legislative acts and participates in their preparation;

k) Jointly with other structural divisions, analyzes the causes and conditions of property embezzlement, shortages, and unproductive expenses in state bodies and organizations, takes measures to eliminate them, and formalizes materials on cases of property embezzlement and shortages for submission to law enforcement agencies;

l) Provides legal opinions on draft documents for writing off material assets and funds, as well as on audit reports and inventory acts revealing legal violations and abuses.The Senior Legal Adviser also performs other functions in accordance with legislative acts of the Institute.

5. It is not allowed to assign to the Senior Legal Adviser functions that are not provided for in this Regulation or other legislative acts.

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