The MPs of the Legislative Chamber passed the bill on indemnifying damages from illegal decisions of civil servants at its session on August 19, the press service of the Chamber said.
The document is aimed at regulating relations in the field of indemnifying for damages caused by illegal decisions, actions or inactions of state bodies and their officials.
The bill stipulates that moral and financial damages confirmed by a court decision that has entered into force will be indemnified at the expense of local indemnifying funds under the Council of Ministers of Karakalpakstan, regional mayor’s offices and the city of Tashkent. In the future, the corresponding amounts will be recovered from the guilty officials in a recourse manner.
The MP Abdumannop Buriyev stressed that the bill included provisions on the right of recourse. In particular, the Article 16 provides for indemnifying for damages by a government body in cases where the guilty party has not been identified. While, the Article 12 regulates the procedure for indemnifying if the guilty party is known. Thus, the legislation enshrines both mechanisms for resolving possible conflicts between government agencies and legal entities or individuals.
During the discussion of the bill on indemnifying for damage from illegal decisions of government agencies, deputies raised the issue of how the situation would be resolved if the off-budget funds of government agencies do not have sufficient funds for indemnifying.
As Buriyev explained, in such cases, the damage is first covered by the indemnifying fund, after which it is collected from the relevant government agency in a regressive manner. If it does not have enough funds in the off-budget funds, it is allowed to make changes to the cost estimate and cover the damage at the expense of budgetary allocations under the relevant Article.
According to him, this provision is not an innovation - a similar procedure has already been enshrined in Cabinet of Ministers Resolution No. 120 and is now reflected in the bill.
The Speaker of the Legislative Chamber Nuriddin Ismoilov stated that this bill provided not only legal norms, but also economic and organizational ones, concerning the creation of territorial indemnifying funds and supervisory boards under them.
“At the same time, the powers of the judiciary are not affected in any way. The main thing is that in the future a person feels this guarantee - a guarantee from the state. Since state bodies and their officials, realizing their powers, make decisions, perform actions or allow inaction. In such cases, the state is obliged to guarantee indemnifying. Therefore, this bill is one of the most important,” he stressed.
The deputies unanimously voted to adopt the bill, which was sent to the Senate for consideration.
