Volume 03 Issue 05-2023
41
American Journal Of Applied Science And Technology
(ISSN
–
2771-2745)
VOLUME
03
ISSUE
05
Pages:
41-45
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
7.063
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article examines the results of a number of reforms carried out by the Republic of Uzbekistan from the moment
of independence to the present day to protect human rights, freedoms and legitimate interests, especially important
steps taken in recent years towards the creation of a state that glorifies human value, and these reforms show that in
Zamir they are becoming important it is the interests of a person, respect for human values, attitude towards a person.
declared.
It also highlights some of the problems that existed in the field of social security until the coming years, and
information about the reforms carried out after 2017 to solve these problems.
KEYWORDS
Social security, pension, benefits, minimum consumer expenses, working pensioners, social benefits.
INTRODUCTION
Since Uzbekistan gained independence to this day, a
number of reforms have been carried out to protect
human rights, freedoms and legitimate interests. In
this regard, a number of laws have been adopted and
international legal acts have been ratified.
Especially in recent years, important steps have been
taken towards the creation of a State that glorifies
human value. In the course of the fundamental reforms
carried out in the republic, it is the interests of a
person, respect for human values, and attitude
towards a person that are becoming important. Our
Research Article
NEW CONSTITUTION LEGAL BASIS OF SOCIAL PROTECTION: PENSION
PROVISION CONSTITUTIONAL GUARANTEE
Submission Date:
May 15, 2023,
Accepted Date:
May 20, 2023,
Published Date:
May 25, 2023
Crossref doi:
https://doi.org/10.37547/ajast/Volume03Issue05-09
Ziyadullaev Makhmudjon Jurakulovich
State University "Saint Petersburg" Tashkent Federal State Budgetary University of Higher Education
Executive Director of the branch of the institution, Philosophy in Legal Sciences Doctor of Philosophy (PhD),
Associate Professor, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ajast
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 05-2023
42
American Journal Of Applied Science And Technology
(ISSN
–
2771-2745)
VOLUME
03
ISSUE
05
Pages:
41-45
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
7.063
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
main committee also recognized that the republic is a
social state [1].
In addition, one of the 7 important areas of
implementation”The development strategy of the new
Uzbekistan for 2022-
2026 “is precisely ” building a
people's democratic state by increasing the value of a
person and further developing a free civil society [2]".
The creation of a people's democratic State by
increasing the value of a person and the further
development of a free civil society is understood as a
comprehensive comprehensive legal development of
all aspects of society.
Today, as in other spheres of society, populist reforms
are being carried out in the sphere of social protection.
Article 46 of the new Constitution stipulates that direct
social security is guaranteed by the Constitution. This
article says: "everyone has the right to social security in
old age, in case of disability, unemployment, as well as
in case of loss of a breadwinner and in other cases
provided for by law. The amounts of pensions,
allowances and other types of social assistance
established by law cannot be less than the officially
established minimum consumer expenses."
All the amendments and additions made to the
Constitution first created a legal basis, a foundation in
our republic and only then were reflected in the new
constitution.
In the same way, the legal basis for each paragraph of
this article was created.
Earlier, article 39 of the Constitution established that
“the amount of pensions, allowances, and other types
of social assistance cannot be less than the officially
established subsistence minimum.” But the application
of this rule remained abstract for 30 years.
In order to determine the level of poverty in our
country, the Ministry of Economic Development and
Poverty Reduction of the Republic of Uzbekistan (in
2021), the State Statistics Committee and the relevant
ministry, as well as research institutes together with
World Bank experts conducted research. As a result of
research to determine the level of poverty, the concept
of the cost of minimum consumer spending, consisting
of food, non-food goods and services, as well as
necessary per person, was introduced. The specificity
of this method stems from the composition and nature
of the actual consumption of the population
(consumption Behavior).
Since June 2021, the minimum value of consumer
spending has been announced in our republic, and it
has been established that this value will be revised in
stages. That is why today the amount of pensions,
allowances and other types of social assistance is not
less than the officially established minimum of
consumer spending.
In addition, the following has been implemented as the
legal basis of this article.
Until 2017, some social security issues were the reason
that our elderly people hunted without finding a
solution.
1. It is no secret that since the 2010s, due to the
presence of a problem with cash, unjustified transfer
of pension and pension payments of citizens to bank
plastic cards without their consent, and in practice,
payment terminals and cash registers of banks are not
provided properly, trading with plastic cards
–
during
the sale, it was obvious that with their own funds,
interest was illegally accrued or inflated prices were
set, as a result of which the number of appeals from
pensioners with protests sharply increased, and the
Volume 03 Issue 05-2023
43
American Journal Of Applied Science And Technology
(ISSN
–
2771-2745)
VOLUME
03
ISSUE
05
Pages:
41-45
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
7.063
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
rights and legitimate interests of socially needy
segments of the population were not protected.
-In order to eliminate an inconvenient and long-
unresolved problem for the elderly, the Decree of the
President of the Republic of Uzbekistan No. PP-2753
dated February 2, 2017 “on additional measures t
o
improve the mechanism of payment of wages,
pensions,
allowances
and
scholarships”
was
adopted[3]. This is a historic decision made as a result
of a critical analysis of the current situation in the field
of pensions and pension payments.
In accordance with this decision of the head of our
state, since February 2017, the payment of all types of
pensions has been carried out in full in cash without
any restrictions, millions of pensioners have found
their solution to the problems that have plagued them
for many years.
It would not be an exaggeration to say that this
regulatory legal act is a historic document in the field
of social security, adopted in the first months of the
President's tenure.
Because at a time when proper infrastructure was not
created or many pensioners did not know what a
plastic card was, the transfer of pensioners' pensions
to full bank plastic cards was a sad situation for the
luminaries.
2. Regarding another problematic situation, when
delivering pensions and benefits to their owners, there
were all sorts of negative situations, for example,
when delivering pensions, there were many cases of
adding overdue newspapers and magazines or other
unnecessary goods, unjustified retention of pensions
without their full payment or overdue payments.
- in order to eliminate these negative situations By
Presidential Decree No. PK-2826 dated March 13, 2017
Since July 1, 2017 it has been established that the
payment of pensions, allowances and other payments
is carried out only by the People's Bank, and these
negative circumstances have been suppressed.
3. Another important problem in the implementation
of pension payments are working pensioners. The Tax
Code stipulated that pensioners would pay insurance
premiums or deductions related to the pension fund in
full, like other working persons, but since 1996 their
pensions have been paid in the amount of 50 percent.
In fact, although the legislation did not have a
differentiated procedure for the payment of social
benefits to employees, employees of working age
(from 16 years to retirement age, women 55 years, men
60 years) and an employee of retirement age were
entitled to the same amount of social benefits.
- In order to eradicate this social injustice Since January
1, 2019, the payment of pensions in full to all working
pensioners has been put into practice.
5. As you know, pension provision in our republic is
based on a solidary system, citizens work all their lives
paying social payments established by the state to the
Pension Fund.
Pension payments stopped when they retired and
were deprived of their liberty for any reason, and it was
established that pension payments would continue
only after serving their sentence.
So that this category of people does not have problems
with socio-economic problems after the release of
family members or themselves;
- as a rare experience in world practice since
September 2019, the procedure for assigning and
paying pensions to persons serving sentences in penal
colonies was introduced.
Volume 03 Issue 05-2023
44
American Journal Of Applied Science And Technology
(ISSN
–
2771-2745)
VOLUME
03
ISSUE
05
Pages:
41-45
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
7.063
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
4. Until 2017, a huge number of documents were
required from citizens when applying for a pension or
allowance. Citizens will be busy collecting documents
for months, years.
In some periods when the enterprises were liquidated,
the documents were not archived or the documents
were filled out poorly, which led to excessive overdraft
on the part of those who applied for a pension.
- By Decree of the President of the Republic of
Uzbekistan, since 2020, the practice of assigning
pensions in electronic form has been introduced,
without requiring paper documents from citizens,
especially information on wages and seniority, from
the "Unified National Labor System" program.
As we have already noted above, now citizens are not
required to provide certificates from their place of
work, from archives, including salary, seniority, family
members, places of study:
-On the basis of entries in the work book for the period
up to 2005;
- Data of the People's Bank for 2005-2016;
- On the basis of registers of payment of insurance
premiums by the enterprise for 2016-2018;
- The appointment of citizens' wages has been
introduced on an individual basis, using a generalized
database for the period after 2019.
This means that currently a pension will be sufficient
only if a citizen applies with an identity document and
an application.
In the new Uzbekistan, systemic reforms are
continuing in order to provide social support for
pensioners, all this indicates that a state is being built
that extols human values.
In order to create more favorable conditions for
pensioners, strengthen their material security, it is
proposed:
-It is known that in accordance with Article 16 of the
Law "On State Pension Provision of Citizens" since
2011, the assignment of pensions to disabled persons
of the 3rd group has been canceled, and only since
2018: "the assignment of pensions only to disabled
persons of the 3rd group who participated in the
liquidation of the consequences of the Chernobyl
disaster has been resumed.
Proposal: Social justice is based on the principles of
everything
Revision of the issue of assigning pensions to disabled
persons of 3 groups;
- In accordance with article 37 of the Law, it is
established that “the length of service of per
sons
retiring by age and continuing their work is not taken
into account when calculating pensions.”
It is advisable if pensions are recalculated for persons
who continue to work after retirement, taking into
account the fact that this category of persons
continues to pay contributions and deductions in
accordance with the Tax Code.
From the point of view that the protection of human
rights is an ongoing process, it can be concluded that
the creation of a people's democratic state in the new
Uzbekistan through fair social security, increasing
human values and further development of a free civil
society is the highest goal of our people.
REFERENCES
1.
https://lex.uz/docs/6445145.
2.
https://lex.uz/docs/5841063.
Volume 03 Issue 05-2023
45
American Journal Of Applied Science And Technology
(ISSN
–
2771-2745)
VOLUME
03
ISSUE
05
Pages:
41-45
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
7.063
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
3.
Resolution of the President of the Republic of
Uzbekistan dated February 2, 2017 No. PP-2753
"on additional measures to improve the
mechanism of payment of wages, pensions,
allowances and scholarships"
4.
Ziyadullaev, M. (2021). Право на социалное
обеспечение в Узбекистане и радикалные
реформы, проведенные в пенсионном
секторе в 2017
-
2021 годах. Общество и
инновации,
2(8/С),
121–
127.
https://doi.org/10.47689/2181-1415-vol2-iss8/S-
pp121-127
5.
4. Ziyadullaev, M. (2021). Силная социалная
защита
-
требование времени. Общество и
инновации,
2(5),
64–
68.
https://doi.org/10.47689/2181-1415-vol2-iss5-
pp64-68
