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THE ACTIVITY OF THE COMMITTEE IMPLEMENTING
CONSTITUTIONAL CONTROL IN KARAKALPAKSTAN AND ITS
LEGAL FRAMEWORK.
Kurbanbaeva Aytgul Uralbaevna
doctor by a student of the Karakalpak state
university named after Berdakh
https://doi.org/10.5281/zenodo.15877298
A
nnotation.
This article analyzes the activities of the committee
responsible for constitutional control in the Republic of Karakalpakstan, its legal
foundations, and powers. Additionally, the legal and political significance of
constitutional control, the committee’s role within the state governance system,
and its role in protecting the Constitution of the Republic of Karakalpakstan are
highlighted. The legal framework of the committee’s activities, its decisions, and
their social impact are also examined. The article identifies factors contributing
to the committee’s effective functioning through current legislation and practical
examples.
Keywords
: Republic of Karakalpakstan, constitutional control,
Constitution, committee activities, state governance, legal system, rule of law.
As long as a state has a Constitution, it is of great importance to ensure its
observance and to take special measures regarding the compliance of all
normative-legal acts developed and adopted by all state bodies with the
Constitution.
In turn, such responsibilities are assigned to the Constitutional Control
Committee of the Republic of Karakalpakstan. In particular, Article 2 of the Law
“On the Constitutional Control Committee of the Republic of Karakalpakstan”
dated June 12, 2021, defines the legal status of the Constitutional Control
Committee and provides the following definition: “Constitutional control in the
Republic of Karakalpakstan is carried out by the Constitutional Control
Committee. The Constitutional Control Committee is a state div responsible for
supervising the compliance of legislative acts adopted by the legislative and
executive authorities with the Constitution of the Republic of Karakalpakstan.”
Furthermore, Article 1 of the Regulations of the Constitutional Control
Committee of the Republic of Karakalpakstan dated February 10, 2023, outlines
the legal status and functions of the Committee as follows:
“Constitutional control in the Republic of Karakalpakstan is exercised by the
Constitutional Control Committee. The function of the Constitutional Control
Committee of the Republic of Karakalpakstan is to monitor the compliance of
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legislative acts adopted by the legislative and executive authorities with the
Constitution of the Republic of Karakalpakstan.”
A comparison of Article 2 of the Law “On the Constitutional Control
Committee of the Republic of Karakalpakstan” and Article 1 of the Committee’s
Regulations shows that in both documents the legal status of the Constitutional
Control Committee is clearly defined. This establishes that the Committee’s
primary function is to supervise the conformity of legislative acts of the
legislative and executive authorities with the Constitution of the Republic of
Karakalpakstan, and that it is responsible for this task.
A similar norm is reflected in Article 132 of the Constitution of the Republic
of Uzbekistan, which states: “The Constitutional Court of the Republic of
Uzbekistan considers cases regarding the compliance of legislative and executive
authority documents with the Constitution.” In addition, this norm is enshrined
in the Law “On the Constitutional Court of the Republic of Uzbekistan” dated
April 27, 2021.
Specifically, Article 3 of this law defines the status of the Constitutional
Court of Uzbekistan as follows: “The Constitutional Court of the Republic of
Uzbekistan is a permanent judicial authority that considers cases regarding the
compliance of legislative and executive authority documents with the
Constitution.”As can be seen, all the cited legal acts clearly define the legal status
of the constitutional control div, and based on that, its main function is to
consider cases concerning the compliance of legislative and executive authority
documents with the Constitution.
Unlike this, in the Republic of Karakalpakstan, the Constitution does not
specify such a legal status and corresponding functions at the constitutional
level for the Constitutional Control Committee, which is the constitutional
control div in the Republic of Karakalpakstan.
In particular, Article 112 of the Constitution of the Republic of
Karakalpakstan states: “Constitutional control in the Republic of Karakalpakstan
is carried out by the Constitutional Control Committee of the Republic of
Karakalpakstan.” As can be seen, the Constitutional Control Committee is
generally defined as the div that carries out constitutional control, but it does
not explicitly state that its supervision is primarily concerned with cases
regarding the compliance of legislative and executive authority documents with
the Constitution.
In this regard, introducing such clarity would be appropriate to clearly
define the position of the Constitutional Control Committee within the state
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authority system of the Republic of Karakalpakstan, and, based on that, to
determine the legal status and relations of the Committee with the legislative
and executive authorities.
Accordingly, it is advisable to supplement part 1 of Article 112 of the
Constitution of the Republic of Karakalpakstan with the following new wording:
“Constitutional control in the Republic of Karakalpakstan is carried out by the
Constitutional Control Committee of the Republic of Karakalpakstan. The
Constitutional Control Committee considers cases regarding the compliance of
legislative and executive authority documents with the Constitution.” In turn,
the Constitutional Control Committee of the Republic of Karakalpakstan
exercises the following powers:
First, upon the instruction of the Supreme Council of the Republic of
Karakalpakstan, it issues opinions on the compliance of draft laws and other
documents submitted to the Supreme Council of the Republic of Karakalpakstan
with the Constitution of the Republic of Karakalpakstan;
Second, upon proposals from at least one-fifth of the deputies of the
Supreme Council of the Republic of Karakalpakstan or the Chairman of the
Supreme Council, it submits conclusions on the compliance of laws and other
documents adopted by the Supreme Council with the Constitution of the
Republic of Karakalpakstan to the Supreme Council;
Third, upon the instruction of the Supreme Council, it submits conclusions
on the compliance of the decisions of the Presidium of the Supreme Council and
orders of the Chairman of the Supreme Council with the Constitution and laws of
the Republic of Karakalpakstan;
Fourth, based on the instructions of the Supreme Council, proposals from at
least one-fifth of the deputies of the Supreme Council, or the Chairman of the
Supreme Council, it submits conclusions on the compliance of decisions and
orders of the Cabinet of Ministers of the Republic of Karakalpakstan with the
Constitution and laws of the Republic of Karakalpakstan to the Supreme Council.
Additionally, the Constitutional Control Committee has the right, on its own
initiative, to submit conclusions on the compliance of documents of the highest
state authorities and administration of the Republic of Karakalpakstan with the
Constitution and laws of the Republic of Karakalpakstan.
The Committee’s conclusions may only be annulled by a decision of the
Supreme Council of the Republic of Karakalpakstan adopted by a two-thirds
majority vote of all deputies of the Supreme Council.
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