Volume 04 Issue 01-2024
90
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
01
P
AGES
:
90-93
SJIF
I
MPACT
FACTOR
(2021:
5.
993
)
(2022:
6.
015
)
(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The independence and development of the Republic of Uzbekistan is directly related to the Constitution and the law.
Our constitution and laws contribute to the establishment of our country on the world scale and the strengthening of
our statehood, and never ignore human dignity, rights and freedoms. We all know that the rules that put human
dignity in its place and ensure that it is manifested as a supreme value are implemented by the judicial system
established in the Constitution and laws. This article talks about the work being done on the judicial system in the
Constitution and legislation of the Republic of Uzbekistan.
KEYWORDS
Constitution, law, electoral system, president of the court, code,
parliament, ratification.
INTRODUCTION
One of the priorities of the further development of the
country is the consistent democratization of the
judicial system, ensuring strict adherence to
constitutional norms on the independence of the
Research Article
JUDICIAL SYSTEM IN THE CONSTITUTION AND LEGISLATION OF THE
REPUBLIC OF UZBEKISTAN
Submission Date:
January 08, 2024, 2023,
Accepted Date:
January 13, 2024,
Published Date:
January 18, 2024
Crossref doi:
https://doi.org/10.37547/ajsshr/Volume04Issue01-15
Ismoiljonova Mubinakhon Umidjon Kizi
3rd Year Student Of The Faculty Of History Andizhan State University, Republic Of Uzbekistan
Muminov Khusanboy Madaminjonovich
Scientific Supervisor, Associate Professor Of Andizhan State University, Andizhan Region, Republic Of
Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ajsshr
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 01-2024
91
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
01
P
AGES
:
90-93
SJIF
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MPACT
FACTOR
(2021:
5.
993
)
(2022:
6.
015
)
(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
judiciary. Over the years, significant work has been
carried out to establish the court as an independent
and separate branch of power, to transform it from a
past punitive div into a truly independent institution
of a state that protects and reliably protects human
rights and freedoms. In this regard, consistent work is
carried out in the Constitution and legislation of the
Republic of Uzbekistan on decisions on the judicial
system and ensuring their implementation. First of all,
let's talk about what the Constitution is and what its
essence consists of.
The Constitution (latin: constitutio
—
"structure",
"structure") is the fundamental law of the state. It
defines the structure of the state, the system of
authorities and governing bodies, their competence
and the procedure for formation, the electoral system,
the rights and freedoms of citizens, as well as the
judicial system. The Constitution is the basis of all
current laws.
The Constitution is a sign of statehood. There are
concepts of a legal and real constitution that differ
from each other. The legal constitution is a system of
certain legal norms that regulate the scope of social
relations. And the real constitution is the relationship
itself, that is, the real existing relationship. According
to its form, the Constitution is divided into codified,
non-codified and mixed types. A codified constitution
is a whole written document that regulates all major
issues of a constitutional nature. If the same issues are
regulated by several written documents, then the
Constitution is considered non-codified. A mixed-type
constitution would include Customs and theoretical
sharkhs, i.e. be partially written, along with laws and
judicial precedents passed by Parliament. Under the
method of amending, the Constitution is divided into
soft and hard types. The first of them can be changed
by passing a simple law. The latter can be changed in a
specially improved procedure (a qualified majority of
the votes of members of Parliament, and sometimes a
referendum, ratification of amendments by a certain
number of Federation entities). By terms of validity,
constitutions are divided into permanent and
provisional types.
Control over the observance of the Constitution in
various areas of state activity is entrusted to the
Supreme Court or the Constitutional Court. The term
"Constitution" existed as early as Ancient Rome. The
Amir Temur "Tuzuks" had the character of a
constitutional document of a separate form, typical of
the civilization of eastern and Asian countries. Along
with Sharia law, he had a strong influence on the fate
of the peoples of Central Asia.
Historical progress in Europe gave rise to 2 groups of
constitutions currently in force. Group 1-old
constitutions adopted in conditions that are sharply
different from the current ones. Examples, for these of
constitutions in include the United States Constitution
of 1787, the Belgian Constitution of 1831, and the Swiss
Volume 04 Issue 01-2024
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American Journal Of Social Sciences And Humanity Research
(ISSN
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2771-2141)
VOLUME
04
ISSUE
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SJIF
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(2021:
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(2022:
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015
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(2023:
7.
164
)
OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
constitution of 1874. Group 2 includes the "new
generation" constitutions adopted in the 2nd half of
the 20th century. Group 2 includes the "new
generation" constitutions adopted in the 2nd half of
the 20th century. They differ from the original
constitutions in the increase in the volume of
constitutional regulation as a result of the expansion of
the institution of rights and freedoms, the mechanisms
of protection of the Constitution and the mechanisms
of reference to social problems.
The Constitution of the Republic of Uzbekistan,
created as a result of studying international
constitutional experiments, taking into account the
rules of the international document, drawing from
national statehood traditions, corresponds to World
templates and meets international requirements.
Chapter XXII of the Constitution of the Republic of
Uzbekistan adopted on December 8, 1992 is dedicated
to the judicial power of the Republic of Uzbekistan. The
Constitution provides for judicial power from Article
106 to Article 116. Below I will cite some of these
substances as examples. Article 106. In the Republic of
Uzbekistan, the judiciary acts independently of the
legislative and executive authorities, political parties,
other public associations. Article 107. The judicial
system in the Republic of Uzbekistan consists of the
Constitutional Court of the Republic of Uzbekistan, the
Supreme Court of the Republic of Uzbekistan, military
courts, the court of the Republic of Karakalpakstan,
the courts of the regions and the city of Tashkent, the
administrative court of the Republic of Karakalpakstan,
the administration of the regions and the city of
Tashkent. consists of municipal courts, inter-district,
district, city courts for civil cases, district, city courts,
inter-district, district, city economic courts and inter-
district administrative courts for criminal cases.
The procedure for the organization of courts and their
functioning is determined by law. The formation of
emergency courts is not allowed. In addition to the
Constitution, the law of the Republic of Uzbekistan “on
courts”provides detailed information on judicial
power.
It should be noted that although the general principles
of international-legal recognition apply in the judicial
systems in the world's States and the procedures for
their proceedings, the system of judicial bodies of
states, the scope of their activities, the structure of
courts differ from each other. They differ among
themselves in the categories of disputes, cases of
huqubuzar, circle of relations, subject, subjects of work
and relations considered.
In Uzbekistan, too, the judicial system and the
procedures for their proceedings have been changed
several times. In particular, according to Article 1 of the
law of the Republic of Uzbekistan dated September 2,
1993, there is a Constitutional Court of the Republic of
Uzbekistan, which is elected for a period of five years.
Volume 04 Issue 01-2024
93
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
01
P
AGES
:
90-93
SJIF
I
MPACT
FACTOR
(2021:
5.
993
)
(2022:
6.
015
)
(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The law was amended twice in 1995-1996. Then, a new
version was adopted on December 14, 2000. In
accordance with Article 1 of this law, the court system
of the Republic of Uzbekistan is defined as follows: In
the Republic of Uzbekistan, the Constitutional Court of
the Republic of Uzbekistan, the Supreme Court of the
Republic of Uzbekistan, the Supreme Court of the
Republic of Uzbekistan, the Supreme Courts of civil and
criminal affairs of the Republic of Karakalpakstan, the
regional and Tashkent City Courts of civil and criminal
affairs, inter-district, District (City) Courts of Criminal
Affairs, military courts, the economic Court of the
Republic of Uzbekistan.
It is through this law that all-Russian courts are divided
into civil and criminal courts, and the law also states
that the specialization of courts can be carried out in
the Republic of Uzbekistan, depending on the
categories of cases. In conclusion, it should be noted
that in the Republic of Uzbekistan, the court is urged
to protect the rights and freedoms of citizens, the
rights of enterprises, institutions and organizations,
and the interests protected by law, which are declared
in the Constitution and other laws of the Republic of
Uzbekistan, international human rights documents.
The activities of the court are aimed at ensuring the
rule of law, social justice, peace and harmony of
citizens.
REFERENCES
1.
The Constitution of the Republic of Uzbekistan.
URL:
https://lex.uz/docs/-
20596?ONDATE=09.02.2021
2.
Law of the Republic of Uzbekistan “On Courts”.
September 2, 1993. No. LRUz 924-XII. URL:
https://lex.uz/ru/docs/-68425
3.
Constitution.
URL:
https://uz.wikipedia.org/wiki/Konstitutsiya
4.
https://zarnews.uz/uz/post/
5.
Qudratullayeva E. The constitution is a guarantee
of our rights // Proceedings of International
Educators Conference. Hosted online from Rome,
Italy. 25 th May, 2023.
–
P.211.
6.
Shamsutdinov R., Muminov Kh. History of
Uzbekistan: Textbook. - Tashkent: Science, 2020.
–
P. 353-354.
