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THE PRINCIPLE OF SEPARATION OF LOCAL POWERS IN THE
REPUBLIC OF UZBEKISTAN
Yakubjonov Nuriddin Ravshan o‘g‘li
Tashkent State University of Law
“Public Administration Law”
Master’s student
https://doi.org/10.5281/zenodo.15774002
Improving public administration, ensuring citizens’ rights and freedoms,
and creating an effective and transparent governance system at the local level
are among the priority directions of modern reforms in the Republic of
Uzbekistan. From this perspective, an in-depth study of the content and
significance of the principle of separation of powers at the local level is
becoming a crucial scientific and practical issue today. Moreover, in recent years,
Uzbekistan has been implementing extensive reforms to put the principle of
separation of powers into practice at the local level. However, there are still legal
gaps and institutional challenges in this area, which require scientifically and
theoretically grounded approaches for their effective resolution.
The traditional founders of the “classical” form of the theory of
separation of powers are John Locke and Charles Louis Montesquieu. The
English philosopher John Locke (1632-1704) advanced the idea of separation of
powers in his work “Two Treatises of Government.” The division of powers into
legislative, executive, and federal types, according to Locke, is one of the most
important means of ensuring human rights. In this case, “all are subject to the
legislative power, as it is the supreme div capable of establishing laws”[1].
The French philosopher Montesquieu (1689-1755), in his work “The
Spirit of the Laws,” put forward the doctrine of the “Separation of Powers.” The
fundamental principle of the concept of separation of powers is that state power
should not be concentrated in one div, and the principle of limiting power with
power is considered the foundation of a democratic state. In his view, when all
power is concentrated in one hand, despotism emerges[2].
In the modern interpretation of the principle of separation of powers,
this principle encompasses not only the division of national state power into
various branches but also mutual balance and oversight. As the American
political scientist Robert Dahl noted, “The separation of powers is not just the
distribution of power, but the establishment of institutional safeguards against
the abuse of power.”[3]
According to the Russian legal scholar S.A. Avakyan, from a historical
perspective, the need to divide the branches of government and define the
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directions and powers for each of them enables the practical implementation of
the government’s tasks and functions. At the same time, the separation of
powers increases the demand for governmental accountability, the effectiveness
of its operations, and the resolution of existing problems. Such a separation
entails a clear and distinct definition of each authority’s responsibilities without
affecting the unity of powers. Instead, it grants each branch the right to monitor
and complement the activities of others, and, when necessary, to exercise
control. This arrangement of interactions between the authorities has
historically evolved and is known as the system of “checks and balances”[4].
Here, we can see that the ability of power branches to control each other while
maintaining their independence is considered a fundamental condition and
principle of democracy. In other words, if one party acts in pursuit of its own
interests, the other party independently monitors and ensures democracy.
As the legal scholar Ya.Y. Ollamov emphasized, the distinctive features of
the concept of the local government system are such that it requires
comprehensive, in-depth scientific study and interpretation from its
researchers. This is because this process develops and improves dialectically in
accordance with the main goal of society and the requirements of a specific
period. Therefore, scientific and practical conclusions about the role and essence
of the local government system can only be determined on the basis of thorough
and comprehensive scientific research[5].
After Uzbekistan gained independence, significant steps were taken
towards democratizing the public administration system. The principle of
separation of powers was enshrined in the Constitution of the Republic of
Uzbekistan, adopted on December 8, 1992 (Constitution, Article 11). According
to this principle, power is exercised through legislative, executive, and judicial
branches.
The First President of the Republic of Uzbekistan, I.A. Karimov,
emphasized the following: “The main objectives of establishing representative
and executive bodies of local state authority are, firstly: to ensure public
participation in forming state bodies in these areas; secondly, to discuss issues
of local importance collectively and make appropriate decisions; thirdly, to
establish oversight over the activities of executive bodies at the local level”[6].
Although Uzbekistan has implemented significant reforms during its
years of independence to democratize the public administration system and
increase the autonomy of local government bodies, in the initial years of the
local governance system, khokims (governors) chaired the councils of people’s
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deputies, meaning that both representative and executive powers were
concentrated in one hand. This led to the incomplete implementation of the
principle of separation of powers, resulting in insufficient balance and
independence in local governance.
Amendments and additions were introduced to the Constitution of the
Republic of Uzbekistan, adopted in a new edition by national referendum on
April 30, 2023, aimed at separating the powers of executive and representative
bodies of local state authority. As a result of these changes, the authority of the
khokim (governor) to chair the councils in regions, districts, and cities was
abolished. We can see that this was intended to ensure a government based on
people-oriented governance.
To conduct a deep analysis of the content and essence of the principle of
separation of powers at the local level, it is important, first and foremost, to
identify its main elements. This principle envisions the functioning of the
following main bodies in local governance, namely according to Articles 120-121
of the Constitution of the Republic of Uzbekistan, state power at the local level is
exercised through the following main bodies:
Article 120: The representative bodies of state power are the Councils of
People’s Deputies in regions, districts, and cities (except for cities subordinate to
districts);
Article 121: The local executive authority is represented by khokimiyats,
which exercise executive power in the respective territory[7].
According to Professor O.T. Khusanov, “The principle of separation of
powers plays a decisive role in the formation of the local government system.
This results in the establishment of two independent bodies at the local level:
representative bodies and executive authorities”[8]. In agreement with this
view, local representative bodies are organs elected by the population on a
representative basis, responsible for resolving issues of local significance and
overseeing the activities of executive bodies. Local executive bodies, in turn, are
accountable for territorial development, implementation of economic and social
programs, and execution of state policy at the local level.
The First President of the Republic of Uzbekistan, I.A. Karimov, stated:
“Without a strong executive power, even the most democratically adopted
decisions may not be implemented” [9].
According to Z.Vakhidov, the main aspect of the principle of separation of
local government is that each government should have the opportunity and the
right to control other government entities. Researcher Sh.Khamdamova
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disagrees with this opinion, not mutual control, but the system of mutual
restraint of powers and maintaining a balance of interests, ensuring the
independence and freedom of the branches of government, the interaction and
balance of power branches, is an important component of this principle. In this
case, the researcher should assign a wide range of supervisory functions to
representative bodies of local authorities[10]. Agreeing with the opinion of the
researcher Sh.Khamdamova, the principle of separation of powers ensures the
independence of government bodies, but also maintains balance and justice in
public administration through their mutual coordination and control.The
expanded oversight function of representative bodies serves to ensure legality
and transparency.
The principle of “Strong Council, accountable and proactive khokim,”
introduced by the Decree of the President of the Republic of Uzbekistan No. UP-
28 dated February 2, 2024 “On Measures to Increase the Effectiveness of Local
Government Bodies,” represents the modern implementation of the classical
concept of separation of powers in Uzbekistan’s local governance system[11].
The principle of “Strong Council, accountable and proactive khokim”
encompasses the following main directions:
Firstly, the concept of a “Strong Council” envisions the Council of People’s
Deputies functioning as a fully independent div. The Council organizes its
activities without interference from the executive branch and makes decisions
autonomously. The Council’s oversight powers have been significantly
expanded, granting it the authority to approve the appointment of the governor
and hear reports on their activities. The Council exercises complete control over
the local budget, performing the functions of approving, amending, and
monitoring its implementation. The Council establishes a separate apparatus to
support its operations and possesses independent financial resources.
Secondly, the principle of an “Accountable Governor” establishes the
obligation for the head of the executive branch to report regularly to the Council.
The governor is required to ensure full transparency in their activities and
openly disclose all important information to the public.
Thirdly, the concept of “Proactive Governor” requires the head of the
executive branch to propose innovative approaches and new ideas for regional
development. The governor is responsible for actively attracting investments,
conducting negotiations with potential investors, and developing investment
projects. The governor must take initiative in solving problems of local
importance.
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Within the framework of the new system, the structure of local
government has been fundamentally restructured. The Council of People’s
Deputies elects a chairman and deputy chairmen from among its members. The
governor’s function of chairing the Council has been abolished. The Council
establishes permanent commissions in various areas - including budget, social
issues, legal matters, and others. Each commission is tasked with overseeing the
activities of the governor’s office in its respective area. The Council will form its
own apparatus, including a secretariat, legal department, and analytical group,
and will have an independent budget.
The structure of the hokimiyat has also been reorganized. The Hokim is
appointed by the President but is fully accountable to the Council for their
activities. The Hokim manages the executive apparatus, all departments and
administrations, and sector hokims. The main function of the Hokim is to
implement state policy at the local level, which is carried out under the
supervision of the Council and in cooperation with it. This system ensures the
real implementation of the principle of separation of powers at the local level.
The Council performs the oversight function, while the Hokim performs the
executive function. Both bodies operate independently within their
competencies, while ensuring effective governance through mechanisms of
cooperation. This approach serves to strengthen the democratic foundations of
local governance and increase its effectiveness.
The powers, interactions, and control mechanisms of these bodies are
regulated by specific legislative acts. For the effective implementation of the
principle of separation of powers, balance, independence, and cooperation
between representative and executive bodies are of crucial importance. This
allows, on the one hand, to protect the interests of citizens in local governance,
and on the other hand, to effectively implement state policies at the local level.
The practical significance of the principle of separation of powers at the
local level is that it serves to increase the effectiveness of public administration,
guarantee the rights and freedoms of citizens, strengthen transparency and
accountability in governance, and prevent corruption and abuse. Through local
councils, citizens’ participation in governance is expanded, their interests are
protected, and executive bodies are held accountable to the councils for their
activities. This will prevent the concentration of state power in one hand and
enable the provision of balance and effective cooperation in local governance.
List of used literature:
1.
Odilqoriyev X. Davlat va huquq nazariyasi. Darslik. – T.: Adolat, 2018. -
B.528.
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2.
Amirov S. (2023). Hokimiyat bo‘linish prinsipining nazariy asoslari.
O‘zbekiston milliy axborot agentligi – o‘za ilm-fan bo‘limi (elektron jurnal),
10(48), 92-99.
3.
DAHL, Robert A. A Preface to Democratic Theory. Chicago: University of
Chicago Press, 1956. P. 197.
4.
Авакьян С.А.Разделение властей: для каких уровней применять?
Саратов давлат юридик академиясининг № 4 сонли ахборотномаси, М.:
2018. – 16 б.
5.
Ya.Y. Ollamov. O‘zbekiston Respublikasida mahalliy hokimiyat tizimi. PhD
dissertatsiyasi. — T.: 2000. B. 151.
6.
Karimov I. O‘zbekiston XXI asrga intilmoqda. – T.: O‘zbekiston, 2000. – B
207.
7.
O‘zbekiston Respublikasi Konstitutsiyasi. Yangi tahrir. — T.: O‘zbekiston,
2023.
8.
Xusanov O.T. Mustaqillik va mahalliy hokimiyat – T.: Sharq. 1996. B. 139.
9.
O‘zbekistonning o‘z istiqlol va taraqqiyot yo‘li // O‘zbekiston: milliy
istiqloli, iqtisodiy, siyosat, mafkura. T.1. – T., 1996. –B.49.
10.
Xamdamova Sh.M. Mahalliy davlat hokimiyati tizimini tashkil etishda
hokimiyatlar bo‘linish printsipini qo‘llash. PhD dissertatsiyasi. — T.: 2020. B.
131.
11.
O‘zbekiston Respublikasi Prezidentining “Mahalliy davlat hokimiyati
organlari faoliyatining samaradorligini oshirish chora-tadbirlari to‘g‘risida”gi
2024-yil 2-fevraldagi PF-28-son Farmoni.
