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The previous week within the lifetime of our Uzbek parliament has
been full of serious occasions for long-term improvement and
strengthening of constitutional and authorized foundations, in addition to
large-scale and speedy democratic transformations within the nation to
construct New Uzbekistan and kind the third Renaissance.
Consequently, on Might 16, separate conferences of the Oliy Majlis’s
(Parliament) two largest factions – UzLiDeP and Nationwide Revival
(Milliy Tiklanish) Democratic Get together have been performed, adopted by a
joint assembly on Might 17 devoted to the implementation of
constitutional reforms in our nation and submission of this difficulty
to the Councils (Kengashes) of the Oliy Majlis.
The Councils of the Senate and the Legislative Chamber of the
Parliament held a gathering collectively on Might 20. The Constitutional
Fee was established to develop proposals for constitutional
amendments and additions, in addition to to implement organisational
measures; its composition and duties have been established. This
Constitutional Fee was comprised of deputies, senators from
all areas, representatives from numerous social strata, civil
society establishments, main attorneys, political scientists, and
different specialists (46 individuals in whole).
What’s the purpose for such a call of our parliament? Why is
a constitutional reform wanted, what are its leitmotifs? How and on
the idea of what rules will the fee’s actions be
organized? That is not at all a whole record of questions posed
on the Web and social networks.
To begin with, we should always recognise that our President Shavkat
Mirziyoyev is the primary ideological inspirer for constitutional
reform in Uzbekistan, and the overall inhabitants is the primary
initiator.
Firstly, through the presidential elections of
Uzbekistan in October 2021, on the conferences of all candidates with
representatives of the voters, an necessary proposal was put
ahead, demanded by life itself and dictated by the logic of
democratic transformations in our nation. That is the
implementation of constitutional reform.
The primary proposal to think about constitutional amendments and
additions was made by voters throughout a gathering with
UzLiDeP presidential candidate Shavkat Mirziyoyev
within the Karakalpakstan district of Bozatau. In
mild of an ecological catastrophe not solely on a regional but additionally on
a world scale – the drying up of the Aral Sea – the relevance and
immense significance of reflecting environmental human rights within the
nation’s Fundamental Regulation, the rights of present and future generations
of the nation’s residents to a beneficial atmosphere, that are
not mirrored within the present Structure are highlighted.
Consequently, in seven extra areas, through the
conferences of Shavkat Mirziyoyev with voters of the areas,
initiatives have been put ahead to additional strengthen the
constitutional and authorized foundations for the safety of personal
property, together with land and subsoil, guaranteeing human dignity, human
rights, freedoms and legit pursuits, interethnic and
interfaith concord within the nation, enhancing the function and standing of
crucial nationwide democratic establishment – the
mahalla, rigorously conveying conventional values to future
generations, the establishment of the household, creating state youth
and gender insurance policies, progressive financial system and data financial system,
increasing funding within the financial system and social sphere.
Most significantly, these questions have been raised by voters:
lecturers, enterprise house owners, farmers, representatives of civil
society organisations, nationwide cultural centres, and odd
residents. This, in flip, signifies, on the one hand, widespread
assist for the president’s coverage of democratic reforms,
applied inside the framework of the New Uzbekistan
Growth Technique for 2022-2026, and, on the opposite
hand, voters’ curiosity of their effectiveness in additional deepening
and reaching the election program’s objectives and aims.
Equally, through the assembly of candidates from:
• Nationwide Revival Democratic Get together (“Milliy
Tiklanish”) – proposals have been put ahead to outline the
constitutional identification of our nation, strengthen and shield
nationwide traditions and values;
• Justice Social Democratic Get together (“Adolat”) –
strengthening the constitutional foundations of the independence of
the judiciary, the equity of legal guidelines and judicial choices, the
implementation of the rules of the supremacy of the
Structure and legal guidelines, human rights, the battle in opposition to
corruption;
• Individuals’s Democratic Get together of Uzbekistan –
enlargement of constitutional and social safety of susceptible
segments of the inhabitants, particularly individuals with disabilities,
building of a socially-oriented state;
• Ecological Get together of Uzbekistan – the
nation’s transition to a “inexperienced financial system”, bettering the scenario
in environmentally unfavorable areas.
It is very important word that that is the voters’ choice, as
said throughout elections and conferences with presidential
candidates.
Second, based mostly on an in-depth research of voter
preferences, President of Uzbekistan Shavkat Mirziyoyev emphasised
the necessity for constitutional reform:
• throughout his inaugural handle on November 6 final
12 months. The nation’s chief then tasked the scientific,
tutorial, and academic communities with analysing the nationwide
and worldwide expertise of constitutional improvement, and
requested deputies and senators to rigorously consider the matter,
examine it, and provide particular concepts;
• in congratulations on the event of the twenty ninth
anniversary of the adoption of the Structure of the Republic of
Uzbekistan, the top of state outlined precedence areas for
constitutional reform based mostly on the needs of voters, the wants of
ongoing dynamic democratic reforms.
Moreover, President Shavkat Mirziyoyev included an entire
part dedicated to the necessity for constitutional reform within the second
revised and expanded version of his first basic writer’s
monograph “New Uzbekistan Growth Technique” based mostly on a
generalisation of all of the proposals made through the election
marketing campaign. The guide outlines Uzbekistan’s prime priorities for
constitutional reform.
Third, political events, primarily UzLiDeP and
Nationwide Revival Democratic Get together (“Milliy Tiklanish”), performed a
thorough research of their voters’s opinions and desires concerning
the upcoming constitutional reforms.
Over 1.5 million members of those events and their
multi-million voters not solely supported, but additionally highlighted
the necessity to modernize the Structure as a mandatory situation for
reaching the objectives of the New Uzbekistan Growth Technique,
guaranteeing sustainable improvement, and establishing the authorized
foundations for much more accelerated and dynamic reform throughout all
socio-economic, political, authorized, cultural, and humanitarian
spheres.
Constitutional reforms: present world
tendencies
It must be famous that there are at present over 500 lively
constitutions on the “constitutional map of the world”, of which
roughly 200 are constitutions of impartial states and extra
than 300 are topics of federations.
On the similar time, the Code of Legal guidelines of the Sumerian king Ur-Nammu
(The Code of Ur-Nammu) is taken into account the world’s oldest
written structure – the age of clay tablets exceeds 4 thousand
years.
Concurrently, the Structure isn’t a dogma, however fairly a
plan of motion for sustainable improvement. The chance to
amend or change a structure is a basic function of all
constitutions. It’s inconceivable to create a constitutional textual content
that can all the time serve society at numerous levels of historic
improvement.
Thus, the final decade of the 20th century and the start
of the twenty-first century will likely be remembered as a interval of
rising to a brand new degree of constitutional reforms, profound
qualitative shifts within the constitutional worldview, and the
constitutional construction of the world group’s members. Over the
final 30 years, greater than 100 nations have efficiently
applied constitutional reforms, with 57 adopting new
constitutions.
Mexico, New Zealand, Brazil, Switzerland, Austria,
Israel, Chile, Colombia, Georgia, and India are the highest
ten nations by way of the frequency with which constitutional
modifications and amendments have been adopted.
Moreover, nearly all of constitutional reforms are
applied as a part of the modernization of society and the state,
or as a part of the prevention and neutralisation of the implications
of political, financial, and social crises.
There are virtually no unique variations of constitutions left in
the world immediately. Even the oldest within the present understanding of
the US structure, 27 basic modifications have been made, Norway –
over 200 occasions (with solely a couple of third of the Fundamental Regulation
remaining in its unique kind), and Holland – 24 occasions
(nonetheless, in 1983 its textual content was rigorously modernized, affecting
virtually all positions).
In fashionable situations of globalization everywhere in the world there
is an intensive seek for their very own fashions of constitutional
improvement. On the similar time, the Structure stays one of many
key elements in guaranteeing the political and social stability of the
state. The next are the constitutional rules:
firstly, the enlargement of basic human
rights and freedoms (the Structure of the
particular person);
secondly, securing the safety of collective
rights, the rights of society as an entire, that’s, the regulation
of civil society establishments, the implementation of social
partnership and public management (the Structure of
society);
thirdly, the group of the system of
state authorities and administration; consultant democracy
mixed with types of direct democracy (elections, referendums,
well-liked dialogue); separation of powers, together with the precept
of checks and balances between the legislative and government
branches, in addition to the independence of the judiciary;
duty and accountability of officers (State
Structure).
Constitutional reform is a authorized requirement for each present
and future sustainable improvement. It may be an important device for
selling good governance by altering constitutional guidelines to
strengthen checks and balances between branches of presidency, as
properly as larger accountability, transparency, participation, and
predictability. Adjustments geared toward bettering the standard and
effectivity of governance contribute to the political system’s
stability, which advantages the financial system by offering a secure
atmosphere for funding and improvement.
The research of constitutional modifications around the globe reveals a
distinguishing function: the necessity to adapt the state’s Fundamental Regulation to
the necessities of modernity and its means to answer
rising challenges.
The next are the primary tendencies in fashionable constitutional
improvement:
• the complexity of constitutional reforms. They cowl the
political, financial, social, cultural and humanitarian spheres, as
properly because the interconnections and interdependencies of
constitutional reforms and modernization processes;
• increasing and strengthening the sphere of constitutional
regulation, reforming the mechanism of public administration and
altering the type of authorities;
• the event of the constitutional area, the strengthening
of authorized sovereignty and the definition of the constitutional
identification of the state;
• strengthening the judicial safety of human rights and
freedoms, increasing the powers of constitutional justice, granting
residents the suitable to direct entry to the Constitutional
Court docket;
• globalization of constitutional law-making, consolidation of
universally acknowledged rules and norms of worldwide regulation in
the nationwide constitutions of the states of the world;
• ecologization of the constitutional improvement of the state
and society, implementation of the precept of accessibility of
high quality medical care;
• consolidation and improvement of digital rights,
institutionalization of the data society, authorized regulation
of cybersecurity.
Uzbekistan is within the strategy of reforming its
structure
Uzbekistan has an extended historical past of implementing constitutional
reforms. Particularly, 32 amendments and additions to 21 articles
of the Structure have been made 7 occasions as a part of the implementation
of the duties of the Motion Technique in 5 precedence areas of
improvement of the Republic of Uzbekistan in 2017-2021.
They involved, specifically, the actions of the parliament,
authorities and the President, strengthening the independence and
improvement of the judiciary, the system of checks and balances
between the branches of presidency, the democratization of the
electoral system and mahalla.
Specific emphasis was positioned on a basic change within the
constitutional construction, political, authorized, socioeconomic,
cultural, and non secular spheres, constitutional provision of
basic interrelated and interdependent democratic political,
financial, social, and authorized reforms geared toward constructing a New
Uzbekistan, and the institution of a free and truthful civil
society.
Concurrently, the period of globalization, digitalization,
local weather change, and quickly altering life poses an growing
variety of pressing, extraordinarily necessary, and pressing duties for the
nation’s additional modernization, strengthening peace, stability,
and nationwide independence.
Thereby, Uzbekistan’s constitutional improvement is constant
with the worldwide development of constitutional reform.
Precedence instructions of constitutional
reforms
Duties which might be much more necessary are outlined in President
Shavkat Mirziyoyev’s basic guide, “New Uzbekistan Growth
Technique,” elevating democratic reforms to a basically completely different
degree. It directs society’s authorized system, authorized data and
enforcement, and political and authorized tradition towards common human
values and sustainable improvement rules. It’s deliberate to
outline constitutional requirements and guidelines that can apply to the
New Uzbekistan.
At the start, that is about totally implementing the first
precept “within the sake of human honor and dignity”. Moreover,
human dignity entails the supply of a peaceable and safe life,
residents’ basic rights and freedoms, the gradual creation of
first rate residing situations and fashionable infrastructure, certified
medical care, high quality schooling, social safety, and a wholesome
ecological atmosphere for all nation residents.
The next areas of constitutional reform have been
recognized as priorities:
the primary is a change within the beforehand
working paradigm “state – society – individual” to a brand new one: “individual
– society – state”, fixing it in constitutional laws and
constitutional follow;
the second is the supply of human pursuits
within the strategy of financial reforms. That is crucial
situation for constructing a individuals’s state;
the third – constitutional consolidation of the
function and standing of civil society establishments, the precept
“Society is the initiator of reforms”;
the fourth – the definition of the
constitutional foundations for the event of
the establishment of the household, the cautious communication to
future generations of conventional human values, the strengthening
of interethnic concord within the nation;
the fifth – the reflection within the Structure
of the state youth coverage, complete assist for youth – the
creators of New Uzbekistan, their rights, pursuits and
obligations;
the sixth – fixing as a constitutional norm the
precept “New Uzbekistan is a social state”, taking into consideration
the truth that immediately Uzbekistan is confidently shifting alongside the trail
of constructing a social state and a simply society;
the seventh – growing the effectiveness of
the present system of human rights safety, stopping little one
labor, dependable safety of the rights of individuals with
disabilities, representatives of the older technology;
the eighth – the inclusion of particular
environmental provisions within the Structure, in addition to authorized
guidelines linked to world local weather change;
the ninth – consolidation on the constitutional
degree of the event of kindergartens, colleges, larger
schooling and science, that are interrelated parts of the
foundation of the third Renaissance.
The phrases of the excellent statesman and political determine
Winston Churchill, “To enhance is to alter; to be good
is to alter usually” have a deep necessary significance for
our President. Certainly, in an effort to have a Structure that
fulfills the wants of the time, we should take measures and make
reforms which might be in line with the present shortly altering
actuality.
Constitutional Fee: Major Duties and
Rules
The Councils (Kengashes) of the Chambers of the Oliy Majlis
decided the next as the primary duties of the Constitutional
Fee:
• assortment, generalization, formation of proposals and
improvement of an applicable draft regulation “On amendments and
additions to the Structure of the Republic of Uzbekistan”;
• requesting paperwork, knowledgeable and different opinions, statistical
information and different info from state our bodies and different
organizations, officers;
• receiving suggestions from analysis organizations,
scientists and specialists on proposals for amendments and additions to
the Structure, in addition to knowledgeable opinions;
• involvement of representatives of state our bodies and different
organizations within the work of the Constitutional Fee as
specialists;
• if mandatory, the event of proposals for the
introduction of amendments and additions to different legislative acts
based mostly on the proposals obtained, which will likely be submitted to
state our bodies and different organizations for consideration
within the prescribed method;
• sending appeals obtained from people and authorized entities
about violations of their constitutional rights and freedoms to the
applicable departments for consideration;
An important rules of the work of the Constitutional
Fee are:
firstly, actions should be clear and
accountable. Concurrently, all situations will likely be in place for a
public dialogue of probably the most urgent constitutional reform duties
in society, together with the participation of worldwide specialists
and civil society representatives.
A particular function on this will belong to the work of the
Press Service of the Constitutional Fee,
which can present in a easy and comprehensible language for an
odd citizen the necessity, priorities and most important instructions of
constitutional reforms and novels.
Moreover, the group of scientific constitutional
boards will proceed, based mostly on the constructive expertise of
organizing two earlier worldwide conferences devoted to
various duties of the upcoming constitutional amendments. All of
this demonstrates New Uzbekistan’s openness to each its residents
and the worldwide world basically.
secondly, collegiality. That is ensured by the
truth that every one members of the Constitutional Fee have a
single vote and equal decision-making rights.
thirdly, the president’s concept of “the individuals
are the creators of the regulation” is being applied by means of
widespread participation of civil society establishments, tutorial,
analysis, and analytical facilities within the Constitutional Fee’s
actions.
The Nationwide Centre of the Republic of Uzbekistan for Human
Rights, the NGO “Heart for Sustainable Growth” and the
Institute of State and Regulation of the Academy of Sciences of Uzbekistan
conduct scientific analysis on the subject “Constitutional reforms:
the expertise of the nations of the world”. The analysis is
carried out in pursuance of the duties decided by President
Shavkat Mirziyoyev to check international and worldwide expertise in
constitutional improvement.
In conclusion, the constitutional reforms will undoubtedly serve
to implement the duties of additional bettering the well-being of the
inhabitants and the prosperity of the nation, strengthening its
financial energy and competitiveness on the planet.
Akmal Saidov
Chairperson of the Constitutional Fee for the
Formation of Proposals for Constitutional Amendments and
Additions and Implementation of Organizational
Measures
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