THE LEGAL NATURE OF ACTS OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN: A COMPARATIVE LEGAL ANALYSIS OF NATIONAL LEGISLATION AND FOREIGN EXPERIENCE

Abstract

This article examines the legal nature of documents adopted by the President of the Republic of Uzbekistan through a comparative analysis of current national legislation and the experience of foreign countries. According to the current Law “On Normative-Legal Acts” (dated April 20, 2021, No. LRU-682), the President adopts normative-legal acts exclusively in the form of decrees and resolutions, while directives are not officially included in the system of normative-legal acts by law. This situation is substantiated by the author as an important criterion for categorizing documents, which has not been sufficiently covered in legal literature. The study utilizes formal-legal, comparative-legal, systemic-structural, and historical-legal methods. By comparing the experiences of Germany, France, Russia, the USA, and Estonia, two main models for determining the normativity of head of state documents are highlighted: clear delegation of authority (delegation) and the development of doctrinal criteria. Furthermore, the criteria of the scope of the regulated issue and the degree of stability of the normative instruction are substantiated for distinguishing between decrees and resolutions. As a result of the research, proposals have been developed to strengthen the differentiation criteria between decrees and resolutions in Uzbek legislation, as well as the procedure for differentiating documents of a “mixed” character. The theoretical and practical significance of the article lies in the fact that its results can be applied in law-making and legal monitoring practices.