American Journal Of Philological Sciences
178
https://theusajournals.com/index.php/ajps
VOLUME
Vol.05 Issue04 2025
PAGE NO.
178-182
10.37547/ajps/Volume05Issue04-44
Uzbekistan Legal Terms of The Independence Period and
Their Improvement Processes
Xamdamova Muyassarxon Nematovna
Independent Researcher at Fergana State University, Uzbekistan
Received:
23 February 2025;
Accepted:
19 March 2025;
Published:
22 April 2025
Abstract:
This article examines the process of the improvement of Uzbek legal terminology during the years of
independence, the research conducted in this regard, and their significance. It also explores the origin of legal
terms, their belonging to native or borrowed layers, their classification, and investigates the phenomena of
polysemy, synonymy, homonymy, and antonymy in legal terms. The article reviews the achievements and
shortcomings in the process of nationalizing legal terms. Additionally, it clarifies the future tasks, the
responsibilities of legal experts and linguists, and research directions in this field.
Keywords:
Legal terminology, years of independence, native layer, borrowed layer, classification of legal terms,
synonymy of legal terms, homonymy in terms, the process of nationalizing terms, jurisprudence, linguistics,
development of national language, legal language.
Introduction:
It is well-known that the first steps
towards the independence of the Republic of
Uzbekistan began with the granting of the status of the
state language to the Uzbek language. This historic
event not only enhanced the prestige of the language
but also paved the way for conducting legal
documentation in Uzbek, creating national legal terms,
and enriching them with elements of the state
language. This laid a crucial foundation for the
comprehensive formation of the Uzbek legal language.
The new era, new state, and legal reforms gave a strong
impetus to the formation, development, and
improvement of legal terminology. Gradually, legal
terms began to be adapted to the Uzbek language. This
process required not only translation work but also the
creation of entirely new terms to express new social
and legal relations. Prior to independence, legal terms
were primarily borrowed from Russian, Arabic, and
Persian-Tajik languages. For example, a significant
portion of the terms borrowed from Russian was used
based on their transcription in that language, such as
“konstitutsiya”
(constitution),
“prokuratura”
(prosecutor’s office), and “notarius” (notary). This
resulted in an artificiality that did not align with the
natural phonetics and semantic structure of the Uzbek
language. As a consequence, difficulties arose for the
people in reading and understanding legal documents.
Starting from 1991, the process of nationalizing legal
language and terminology and adapting them to the
possibilities of the Uzbek language began. In particular,
the writing of the Constitution in Uzbek and the
adoption of legal documents in the national language
became decisive factors in the development of the
country’s legal terminology.
During this period, a number of changes were
observed. Specifically, Russian terms were replaced
with their Uzbek equivalents (e.g., "sudya" instead of
"judge," "zakon" instead of "law," "pravo" instead of
"right," and "ugolovnoye delo" instead of "criminal
case"). New terms were created for new legal concepts,
such as "inson huquqlari" (human rights), "fuqarolik
jamiyati" (civil society), "sud hokimyati mustaqilligi"
(independence of the judiciary), "huquqiy davlat" (rule
of law), and "konstitutsiyaviy nazorat" (constitutional
control).
As stated by President Shavkat Mirziyoyev, ensuring
the rule of law in society means that citizens strictly
adhere to the law. For this, it is crucial to develop legal
language and its lexicon in a clear and comprehensible
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way that the public can understand, with legal terms
organized scientifically and practically.
The adoption of the "State Language Law" in 1995 and
the "Legal Reform Program" in 1997, among other legal
documents, accelerated the process of nationalizing
legal terminology.
Given the ongoing social changes in the world and the
radical reforms in our country, which require new ways
of thinking, new ideas, and the introduction of new
concepts into practice, the need to improve legal terms
has become more pressing.
It is important to note that the national legal terms
have gone through several historical periods before
reaching their current state. Ruling powers have
attempted to integrate their own legislation and
language into our legal system, influencing its adoption
and usage. Uzbek legal terminology, after undergoing
various trials and periods, has reached a more
developed state in the present era. However, we are far
from considering it perfect. Further improvements
require additional time, conditions, and the research
efforts of specialists.
METHOD
Uzbek legal terms are listed in some dictionaries as
around
3,500,
while
other
sources
report
approximately 6,000. A certain portion of these terms
is only understandable to the general population, i.e.,
those who are not familiar with the legal field.
However, many of these terms have become widely
used due to their frequent occurrence in everyday life,
with people encountering them regularly. Despite this,
the majority of legal terms are better understood by
specialists who are knowledgeable about the field and
have either studied or worked in the system.
Not all of our national legal terms are in pure Uzbek.
The majority belong to the native Uzbek layer (e.g.,
investigative, acquitting), some have entered the
language under the influence of Russian, others have
been borrowed from Persian-Tajik and Arabic, and
some are made up of international words and phrases.
For example, terms such as "sudya" (judge), "yuridik"
(legal), "hukm" (judgment), "mahkum" (convict),
"guvoh" (witness), "afv" (pardon), "apellyatsiya"
(appeal), and "intansiya" (instance) are part of this
category.
In the early years of Uzbekistan’s independence, in
1993, a legal terminology dictionary titled “Yuridik
terminlar va iboralar lug‘ati” (Dictionary of Legal Terms
and Phrases) was published under the leadership of
legal scholars G. Ahmedov, A. Saidov, and U. Bozorov.
This publication aimed to improve the national
legislation of the newly independent state and present
legal terms in the state language to the public. It was
noted that “… such a need
has become apparent,
especially in recent years, as legal terms used in Uzbek-
language laws, textbooks, educational manuals,
popular-science publications, and journals are being
used incorrectly” [2, 4].
Even today, the improper or incorrect use of legal
terms in various fields, as well as the ambiguous
interpretation of some terms, continues to create
problems.
This
situation
leads
to
diverse
understandings of legal documents.
As stated in the “Dictionary of Legal Terms and
Phrases,” the general public a
nd students often learn
legal terms exactly as they appear in laws, popular
science publications, textbooks, and educational
manuals. Unfortunately, legal terms are not always
presented correctly, precisely, or clearly. Media
outlets, publishing house staff, authors, translators,
deputies, and legal practitioners such as judges,
prosecutors, lawyers, investigators, notaries, and
others often spend considerable time finding the
correct Uzbek equivalent for certain Russian legal
terms or interpreting them accurately, as a single term
may be used or interpreted differently across various
publications or even among legal professionals.
Therefore, it has become an important task for us, legal
scholars, and practitioners to create a comprehensive
legal terminology dictionary and to regulate the terms
related to various branches of law [2, 4].
Indeed, this publication is considered a significant
solution to a major problem faced by the newly
independent country and its scholars, legal
professionals, and even media representatives, who
were still heavily influenced by the Russian language
and used outdated terminology in their work. It was a
vital resource for those working in legal processes,
especially for those who were accustomed to the old
methods. Moreover, unlike previous dictionaries, this
publication introduced the Uzbek equivalents of
around 6,700 legal terms and phrases. However,
despite this, the changing times and the development
of the New Uzbekistan have made these dictionaries
somewhat outdated.
Additio
nally, in 1999, the “Dictionary of Loaned Legal
Terms” was published by H. Bektemirov, H. Kholmedov,
and S. Sodiqov. In the same year, linguist G. Sotimov
published the “English
-Russian-Uzbek Dictionary of
Legal Terms.”
In 2001, the "Legal Encyclopedia" was published under
the general editorship of Doctor of Law, Professor U.
Tadjikhanov. This work included legal terms widely
used during the years of independence, with nearly
3,500 legal terms and phrases explained. The need for
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American Journal Of Philological Sciences (ISSN
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2771-2273)
the encyclopedia was justified by two interconnected
goals: first, to assist in understanding the content of our
national legislation; and second, to support acquiring
basic knowledge of legal principles and the integration
of legal institutions and theories developed by world
legal science [7].
In 2003, G. A. Abdumajidov and others published the
"Comprehensive Dictionary of Legal Terms." This work
also includes explanations for approximately 3,500
legal terms and phrases.
Additionally, in 2020, A. M. Kurganov and D. S.
Djuzbayeva published the "Uzbek-Russian-English
Dictionary of Legal Terms" [4].
In 2021, "The Explanatory Dictionary of Legal Terms"
was published, compiled by M. Turgunov, A.
Tulyaganov, O. Sulaymonov, and others. The dictionary
was created based on the legislation of the Republic of
Uzbekistan in effect as of December 31, 2021. Its
normative value lies in the fact that it recommends the
usage standards of legal language lexicon. Each term in
the dictionary is explained in terms of its spelling, scope
of use, and meaning. The source encompasses terms
from all branches of jurisprudence. The legal terms are
presented in accordance with the requirements of the
Uzbek literary language and the principles of dictionary
compilation [8].
Currently, Professor Sh. Ko‘chimov is conducting
extensive research on legal terminology and its history,
usage, standards, and analysis, with a focus on the field
of legal linguistics. Based on his research, he advocates
for studying the legal field in conjunction with
linguistics. In his book "The Theory of Legal Language,"
the scholar has explored several aspects, including the
semantic analysis of Uzbek legal terms, phenomena
such as homonymy and synonymy, and the unity of
form and meaning in legal terminology [5].
In addition, several other researchers have conducted
studies on Uzbek legal terminology. For example, M.
Kasimova has researched the "Structural and Systemic
Features of Uzbek Legal Terminology" (Стуктурно
-
системные
особенности
юридической
терминологии узбекского языка) [3], O. F. Tursunova
has worked on "Linguistic Study of Legal Terms Used in
the History of Uzbek Statehood," (O‘zbek davlatchiligi
tarixida qo‘llanilgan huquqiy terminlarning lisoniy
tadqiqi) [9], R. Sharopova has investigated the
"Semantic-Structural Features and Lexicographic
Interpretation of Uzbek Social-
Political Terms," (O‘zbek
tili ijtimoiy-siyosiy terminlarining semantik-struktur
xususiyatlari va leksikografik talqini) [10] and E.
Sabirova has defended a dissertation on "The
Representation of Legal Terms in the Explanatory
Dictionary of Uzbek Language" (O‘zbek tilining izohli
lug‘ati”da huquqiy terminlarning berilishi) [6] in the
field of philology.
The studies also include proposals and scientific
conclusions regarding the classification of legal terms.
In particular, the "Legal Terms Encyclopedic Dictionary"
classifies legal terms in the following way based on
their characteristics:
a) General terms (those commonly encountered in
daily life and understandable by everyone);
b) Special legal technical terms (such as essential
defense, statute of limitations, standard, certificate,
etc.);
v) Terms reflecting specific fields of knowledge (such as
terms from technology, economics, medicine, and
others) [1].
Sh.Ko‘chimov, in h
is book "Theory and Practice of Legal
Language", proposes the following classification for the
terms used in legal language:
1.
Social-political terms
–
terms related to social
and political concepts.
2.
Non-legal terms
–
terms that are not directly
related to the legal field.
3.
Terms that are widely used but acquire a
special meaning in legal documents
–
these terms have
a general meaning in everyday language but take on a
specific legal interpretation within legal contexts.
4.
Purely legal terms
–
terms that are specifically
used in the legal field, with precise legal meanings [5,
47].
G.G‘ulomova's research provides a comprehensive
approach to the classification of legal terms,
highlighting the progression of Uzbek legal terminology
in the post-independence period. Her dissertation "The
Development of Uzbek Legal Terminology in the
Independence Period" emphasizes organizing legal
terms into a coherent system, with an initial focus on
creating a general legal thesaurus. She investigates
various semantic relationships between legal terms,
such as hyponymy, synonymy, and antonymy, shedding
light on their interconnections.
Moreover, G.G‘ulomova traces the historical roots of
Uzbek legal terminology, referencing classical works
like Mahmud al-Kashgari's "Divanu
lug‘at al
-Turk" and
Alisher Navoi's "Mahbub al-qulub", in which legal terms
and expressions were used, providing an early
foundation for modern legal language.
She also presents a detailed classification of legal
terms, dividing them into the following categories:
1.
Terms denoting persons in the legal system
–
this category is further subdivided into:
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American Journal Of Philological Sciences (ISSN
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2771-2273)
o
Terms referring to individuals engaged in legal
practice (e.g., judges, lawyers, prosecutors).
o
Terms referring to those involved in unlawful
acts or subject to legal penalties (e.g., criminals,
offenders).
2.
Terms denoting types of crimes
–
these terms
describe various categories of criminal offenses.
3.
Terms denoting actions related to criminal
proceedings
–
these terms refer to actions taken during
the processing of criminal cases.
4.
Terms denoting judicial bodies
–
terminology
related to the institutions responsible for adjudicating
legal matters (e.g., courts, tribunals).
5.
Terms denoting places of punishment
–
terms
that describe locations where individuals are held for
punishment (e.g., prisons, correctional facilities).
6.
Terms denoting legal documents
–
terminology
related to various legal documents such as contracts,
decrees, laws, etc.
7.
Terms denoting judicial rulings
–
terms used to
describe court decisions, judgments, and their legal
consequences.
G.G‘ulomova’s work reflects an organized and
systematic approach to the development and
classification of legal terms in the Uzbek language,
taking into account both modern legal usage and
historical linguistic sources.
This classification, in our opinion, is insufficient to
encompass all legal terms. It primarily presents a
classification of terms related to criminal cases. Legal
terms pertaining to cases considered in civil,
administrative, and economic courts cannot be
included in this classification. Therefore, we propose
the following classification of terms related to the
activities of courts:
1.
Terms denoting the concept of "judicial
authorities."
2.
Lexical units denoting individuals within the
legal terminology.
3.
Terms denoting the concept of "legal
documents."
4.
Terms denoting the concept of "procedural
actions."
5.
Terms denoting "types of crimes."
6.
Terms related to civil cases.
7.
Terms related to administrative cases.
8.
Terms related to economic cases.
9.
Terms denoting "places of detention."
10.
Terms denoting the concept of "court
decisions."
11.
Terms denoting the concept of "court
judgments."
This classification aims to better categorize and
distinguish the legal terminology used in different
branches of law, including those applied in civil,
administrative, and economic proceedings.
This classification can be used for grouping terms
related to the activities of courts. Additionally, terms
from the fields of environmental, financial, and
international law can also be incorporated into the
general classification framework.
The researcher G. G‘ulomova, in her work, also
addresses the phenomenon of antonymy found in legal
terminology and elaborates on her views using
examples. Furthermore, she analyzes legal terms
morphologically by categorizing them into groups such
as legal compound terms, terms derived from affixoids,
and legal neologisms. In her scientific research, G.
G‘ulom
ova also studies the etymology of terms, their
origins, and their degree of belonging to native or
borrowed layers. According to her, legal terms can be
classified into groups such as Persian-Tajik terms,
Arabic terms, and Russian-international terms [12].
The influence of the developing era is naturally
reflected in the development of legal terminology. We
are gradually witnessing that legal texts are being
written in the state language. For instance, prior to
2017, the practice of replacing or canceling the
sentence imposed on prisoners in advance was carried
out in the form of an amnesty procedure. In the Legal
Encyclopedia, amnesty is defined as follows: amnesty
(from Greek “amnistia” –
forgiveness, passing over a
sin)
–
an act of the highest state authority, a decision to
release certain individuals from criminal punishment,
annul a criminal case, or reduce a sentence. Amnesty is
a humanitarian decree that releases individuals who
have committed crimes or other offenses from full or
partial punishment or replaces the imposed sentence
with a more lenient one. According to Article 80 of the
Constitution of the Republic of Uzbekistan, the
President of Uzbekistan submits documents on
amnesty to the Senate of the Oliy Majlis of the Republic
of Uzbekistan. The acceptance of amnesty documents
for individuals convicted by the courts of the Republic
of Uzbekistan falls within the absolute authority of the
Senate [11, 24].
Since 2017, the practice of reducing or canceling the
sentences of prisoners or prematurely annulling
imposed sentences has been carried out by presidential
decree, without the involvement of the Senate. In this
context, the legal term "pardon" has been widely used.
The Legal Encyclopedia defines this term as follows:
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pardon
–
the act of forgiving a person (convict)
sentenced by the court based on their request, allowing
them to be forgiven for their crime. In Uzbekistan,
pardoning is carried out by the President of the
Republic of Uzbekistan. According to the Regulation on
the Procedure for Implementing Pardon in Uzbekistan,
approved by the Decree of the President of Uzbekistan
on July 17, 1992, Article 1 states that pardoning is
determined based on the request submitted by the
individual themselves, and the decision is made for
those individuals convicted by the courts of the
Republic of Uzbekistan [11, 34].
Additionally, in the territorial courts, the practice of
replacing a sentence with a milder one has been
introduced for certain individuals during legal
proceedings. In these cases, terms such as "reducing
the sentence" or "cancelling the sentence" are being
used.
It is also important to note that new legal terms have
entered the political and legal landscape of New
Uzbekistan. For instance, terms like "Ministry for
Reducing Poverty," "Women's Register," "Youth
Register," "Iron Register," "electronic appeal," "portal,"
"public services center," "cashback," "subsidy," "mobile
reception," and "mobile court" have been introduced
through legal documents. These terms have become
widespread in the public consciousness through mass
media and are now widely understood and commonly
used by the general public.
CONCLUSION
In the years of independence, the development of
Uzbek legal terminology has been a significant step in
the progress of the national language. This process is
still ongoing. Every new law, social change, and modern
technology influences legal language. Therefore,
continuous research, scientifically-based approaches,
and collective efforts are necessary in this field. Legal
terminology is not only the language of laws but also a
means of communication between the state and the
people.
Updating terminology is not an easy process. Several
challenges may arise. For example, new terms may not
be used consistently, and sometimes multiple
synonyms
are
used
simultaneously
(e.g.,
"ishonchnoma" and "notarial ishonchnoma"), some
legal concepts have no clear Uzbek equivalents (e.g.,
"delikt," "kontrasignalizatsiya"), and in some instances,
Russian terms are used alongside or instead of their
Uzbek counterparts in legal texts. Moreover, new
terms have not been widely accepted by the public.
This is often due to their meanings not being properly
and fully promoted.
Therefore, in this process, it is essential to strengthen
the cooperation between linguists and legal experts,
standardize legal terminology, create a unified
terminology base, ensure the popularization of legal
terms among the public, and provide opportunities to
use words with explanations and synonyms on
electronic legal platforms.
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