Authors

  • Shoira Avazova
    International Islamic Academy of Uzbekistan

DOI:

https://doi.org/10.71337/inlibrary.uz.ijai.98454

Abstract

This article highlights the organization on the principle of distribution of powers and the role of Parliament in this, as well as the organizational and legal basis of the Parliament of Uzbekistan according to the Constitution of the Republic of Uzbekistan in the new edition, the essence of its legislative, control and representative functions.

 

 

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THE ROLE OF PARLIAMENT IN THE SYSTEM OF PUBLIC AUTHORITIES

Avazova Shoira

Acting associate professor of the

Department of “Social Sciences and law”, Ph.D.

International Islamic Academy of Uzbekistan

Annotation

.This article highlights the organization on the principle of distribution of powers

and the role of Parliament in this, as well as the organizational and legal basis of the

Parliament of Uzbekistan according to the Constitution of the Republic of Uzbekistan in the

new edition, the essence of its legislative, control and representative functions.

Keywords:

Constitution, Parliament, Oliy Majlis, House of Commons, Senate, legislation,

control, representation

INTRODUCTION

One of the most important constitutional principles of a Democratic state is the

principle of division of power. According to the principle of separation of powers, it is

necessary for any branch of power to restrain another branch of power without allowing it to

deviate from the scope of power and abuse it. At the same time, not one of the authorities

should interfere in the activities of the other.

The distribution of power is a necessary condition of a democratic legal state. The

application of this principle impedes the abuse of power, protects citizens from the

harassment of officials, creates conditions for the effective functioning of government

agencies.

METHODS

In this article, methods of systematic, historical, comparative-analytical and logical

analysis style were used. The information was taken from articles and books of the

Constitution and laws of the Republic of Uzbekistan, Uzbek, Russian, English scientists.

RESULTS

The emergence of the theory of the distribution of powers goes back to the distant past.

Each of the three states of power, together, constitute a unified state power. No state div

other than them can claim power. One of the important aspects of the principle of distribution

of powers is that in it every county (branch) of power must have the right and possibility to

control each of the other two subjects of power. But this control is not a superiority. The right

to control does not enable to absorb the constitutional powers of the controlled authority. The

distribution of powers presupposes that an individual is the owner of a full-fledged power

within his or her competence. Therefore, any state should have a single legislative div, a

single executive div and a single judicial div (system) [9:179].

As in most countries of the world, the Constitution of the Republic of Uzbekistan

contains the principle of separation of powers, that is, Article 11 establishes the basis of the

system of state power of the Republic of Uzbekistan-the principle of division of power into

legislative, executive and judicial powers.

Legislative power – the bicameral parliament is exercised by the Oliy Majlis of the

Republic of Uzbekistan, executive power by the Cabinet of Ministers of the Republic of

Uzbekistan, judicial power by the Constitutional Court of the Republic of Uzbekistan and the

Supreme Court of the Republic of Uzbekistan.


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Today, "parliament" as a term representing the country's legislative supreme

representative div has been legislated or used in practice by most states of the world. In this

case, depending on the language and traditions of the country, the official name of the

parliament may vary [8:22]. In particular, in the United States and some Latin American

countries - Congress, Sweden - riksdag, Finland - Sejm, Norway - storting, the Russian

Federation - Federal Assembly, Ukraine - Verkhovna Rada, Tajikistan - Assembly Oli, India

Sansad, Japan Kokkay, etc. Regardless of what the modern Parliament is called, it is

considered an independent branch of power in a Democratic state. As the primary function

of the parliament is legislative creativity, it is also referred to as the “Legislative div”.

Parliaments can be unicameral or bicameral in terms of their structure. In a long history, the

colorfulness of the interests of the lower and upper classes of the population took the field as

the main criterion for division into chambers. Centuries later, as parliament became an

increasingly universal office, such a criterion began to be replaced by the interests of the

territories, their representation. It is permissible to recognize that the parliaments of most

states, regardless of the form of the state structure, consist of two chambers, without denying

that currently in the scientific and political circles of the world masses there is a specific

controversy over which one or two-chamber structure of Parliament is preferable.

Depending on whether the parliament is unicameral or bicameral, representation can

be of two tones: nationwide and territorial representation. In unicameral parliaments, deputies

are considered nationwide representatives. In bicameral parliaments, however, in most cases,

members of the upper house represent the interests of the territories.

As you know, parliamentary functions represent the main areas of activity of this

div, and these functions include: legislation, control and representation.

The representative function refers to the representation of the national interests of Parliament

as one of the forms of ensuring the participation of citizens in public administration.

The central role of Parliament in the system of state authorities is determined by the

fact that it is the only nationwide representative div in the system of all state authorities,

this feature of which is determined by the principles of its formation and functioning.

Parliament is formed by secret ballot on the basis of universal suffrage with the participation

of the citizens of the country, which is determined by the fact that its function is the

mechanism of representation of the interests of the whole people. Its representative function

is manifested in the fact that it is mobilized to express the will of the people in the

management of the state.

Representation is expressed as the basis of parliamentary validity in the obligation of

parliamentarians to reflect in their activities the interests of goals and social progress that

have commonality by granting them the status of law, as well as in their obligations to

maintain constant ties with their constituents. In parliamentary activity, the urgent problems

of the general, socio-economic and political life of the country, including human

development issues, should be the focus and find their solution [7:28].

Another indispensable function of Parliament is legislation. The preparation of the

law is the main and most important way or means of implementing the principles of human

development in the activities of the parliament or the deputy. The law is the main source of

the right to politically organize Democratic state power. In addition, the law is an important

category of the legal state. Finally, the law is a normative legal document adopted by the

Supreme representative div of state power (Parliament) in a separate order or directly by the

people, regulating the most important social relations, with a legal force at the highest level.


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Any modern Parliament has the authority to make laws that are compulsory for all and

have high legal power. Through this function, the parliament is actively involved in the

formation and development of state and community institutions to manage the affairs of the

state and society. Parliament is independent in lawmaking. But, this activity of it is limited

within the framework of the Constitution, and such delimitation comes from the principle of

division of state power. Any law passed by Parliament must comply with the principles of the

inherent rights and freedoms of a person, equality of citizens before the law and Justice.

Otherwise the law becomes ineffective [8:35]. Articles 98-99 of the Constitution of the

Republic of Uzbekistan define the activities and procedure of lawmaking. According to it, the

right to legislative initiative is held by the president of the Republic of Uzbekistan, the deputy

of the Legislative Chamber of the Republic of Karakalpakstan, the Cabinet of Ministers of

the Republic of Uzbekistan through the Supreme representative div of state power. The

Constitutional Court, Supreme Court and prosecutor general of the Republic of Uzbekistan

also have the right to legislative initiative on issues included in their competence.

Legislative initiative law is implemented by introducing a bill into the Legislative

Chamber of the House of Commons of the Republic of Uzbekistan by the subjects of

legislative initiative law.

Citizens of the Republic of Uzbekistan who have the right to vote, not less than one

hundred thousand, the Senate of the Republic of Uzbekistan, the representative for Human

Rights of the Republic of Uzbekistan (ombudsman), the Central Election Commission of

Uzbekistan have the right to include legislative proposals in the Legislative Chamber of

Uzbekistan in the legislative initiative.

The procedure for introducing and considering draft law, legislative proposals is determined

by law.

The law will have legal power when it is passed by the Legislature and approved by

the Senate, signed by the president of the Republic of Uzbekistan and published in official

sources in accordance with the procedure established by law.

It is sent to the Senate of the Assembly of the Republic of Uzbekistan no later than ten days

from the date of adoption of the law adopted by the Legislative Assembly of the Republic of

Uzbekistan.

The law will be considered by the Senate of the Oliy Majlis within sixty days and, if

approved, will be sent to the president of the Republic of Uzbekistan no later than ten days to

be signed and announced.

If the Senate does not decide within sixty days whether to approve or reject the law, the law

is sent to the president of Uzbekistan to be signed and promulgated by the Legislature.

The president of the Republic of Uzbekistan signs and announces the law within sixty

days. The law, rejected by the Senate of Oliy Majlis, is returned to the House of

Representatives.

If, when revising the law rejected by the Senate of the House of Representatives, the

Legislature approves the law again by a majority vote of two-thirds of the total number of

Deputies, the law is considered to be adopted by the House of Representatives and sent to the

House of Representatives for signature and proclamation.

The House of Representatives and Senate may establish a compromise commission

based on equality between the deputies of the House and members of the Senate in order to

resolve any differences arising from the law rejected by the Senate of the Republic of


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Uzbekistan. The law must be considered in the usual manner when the chambers accept

proposals from the Conciliation Commission.

The president of the Republic of Uzbekistan has the right to return the law to the

Assembly of the Republic of Uzbekistan with his objections.

If the law is approved by a majority vote of at least two-thirds of the total number of

Deputies and members of the Senate of the Legislative Chamber of Uzbekistan, respectively,

in the previous adopted wording, the law must be signed and promulgated by the president of

Uzbekistan within fourteen days.

The publication of laws and other regulatory legal acts is a mandatory condition for

their application. Another function of Parliament is control. In the implementation of the

control function, they control the activities of the executive branch and the compliance of its

methods with the law. It is not a mistake to say that this function is the first parliamentary

function that occurs when we take it from a historical point of view. Because the early

parliaments formed in the 13th century had, above all, the purpose of controlling Royal

policy. The Institute of parliamentary examination, an important form of parliamentary

control in the new constitution of the Republic of Uzbekistan, has been specially

strengthened in the Constitution. Parliamentary scrutiny is the implementation by the

legislative branch of measures to address the problems associated with society and public life.

The president of the Republic of Uzbekistan Shavkat Mirziyoyev recognized the

functions of the parliament in Uzbekistan and the innovations in this regard: “after the

independence of Uzbekistan, a new stage of the development of the national parliament

began as one of the important institutions of state power. Further increasing the role of the

chambers of the Supreme Assembly and political parties in the construction of a new

Uzbekistan, especially ensuring the harmony of the activities of the creativity of the norm

with reforms, is an urgent issue.

In our updated constitution, we have strengthened the guarantees of achieving this

goal by burning.

Speaking about this, the exclusive powers of the Legislature were increased from 5 to

12 in force, and the powers of the Senate from 14 to 18. At the moment, it is worth noting

separately that their powers are also clarified. In particular, the questions of the formation of

the government and the implementation of parliamentary control over its activities were

transferred to the discretion of the legislative chamber. In the Senate, however, priority is

given to dealing mainly with issues related to the territories, providing comprehensive

assistance to local councils, ensuring the implementation of laws in places, especially in

neighborhoods.

Significant steps have also been taken to strengthen parliamentary control in

Uzbekistan. In particular, the possibility of a parliamentary examination on the basis of a

joint decision of the legislative chamber and Senate of the Republic of Uzbekistan in order to

study the facts and events that could adversely affect the foundations of the security and

sustainable development of our country, threaten human rights and freedom, the interests of

society and the state was strengthened” [5:385].

CONCLUSION

The Constitution of the Republic of Uzbekistan, as in most countries of the world,

enshrines the principle of separation of powers, establishing the basis of the system of state

power of the Republic of Uzbekistan — the principle of division of power into legislative,


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executive and judicial powers.

The central role of Parliament in the system of state

authorities is determined by the fact that it is the only universal representative div in the

system of all state authorities, this feature of which is determined by the principles of its

formation and functioning. In our updated constitution, the powers of the legislative chamber

and the Senate were expanded, as well as increased parliamentary control.

REFERENCE:

1. O‘zbekiston Respublikasi Konstitutsiyasi. 01.05.2023. https://lex.uz/docs/-6445145

2. “O‘zbekiston Respublikasi Konstitutsiyasi to‘g‘risida”gi O‘zbekiston Respublikasi

Konstitutsiyaviy qonuni loyihasi bo‘yicha O‘zbekiston Respublikasi Referendumini

o‘tkazish haqidagi O‘zbekiston Respublikasi Oliy Majlisi Qonunchilik palatasining qarori,

10.03.2023 yildagi 3017-IV-son

3. Konstitutsiyaviy islohotlarni amalga oshirish bo‘yicha ko‘riladigan chora-tadbirlar

to‘g‘risidagi O‘zbekiston Respublikasi Oliy Majlisi Qonunchilik palatasi Kengashi,

O‘zbekiston Respublikasi Oliy Majlisi Senati Kengashining qo‘shma qarori, 20.05.2022

yildagi 2122-IV-son

4. O‘zbekiston Respublikasi Presidenti Sh.Mirziyoevning Konstitutsiya qabul qilinganining

31 yilligi munosabati bilan bayram tabrigi.

https://aniq.uz/yangiliklar/

5. Mirziyoev Sh. Hozirgi zamon va Yangi O‘zbekiston. - Toshkent: “O‘zbekiston” – 2024,

385-bet.

6. Saidov A. Yangi tahrirdagi Konstitutsiya – inson sha’ni, qadr-qimmati va huquqlarining

mustahkam

kafolati.

Xalq

so‘zi.

2023

yil,

24

noyabr.

http://www.insonhuquqlari.uz/oz/news/m11846

7. Barqaror ijtimoiy-iqtisodiy rivojlanishning va inson taraqqiyoti prinsiplarini amalga

oshirishning parlament tomonidan ta’minlanishi, O‘zbekiston Respublikasi Oliy Majlisi

Senati, 2011.

8. Xakimov R.R. Davlat hokimiyati tizimida parlament: nazariya va amaliyot muammolari:

Monografiya. – O‘zbekiston, Respublikasi Prezidenti huzuridagi Amaldagi qonun

hujjatlari monitoringi instituti nashriyoti - Toshkent., 2012.

9. Davlat va huquq nazariyasi: Darslik / X.T.Odilqoriyev, I.T.Tulteyev va boshq.; – T.:

«Sharq», 2009. 179-b.

10.

Saydaliyeva, N., & Nazirov, M. (2020). Youth policy as a priority area of

development. Sociosphere, 3, 104-111.

References

O‘zbekiston Respublikasi Konstitutsiyasi. 01.05.2023. https://lex.uz/docs/-6445145

“O‘zbekiston Respublikasi Konstitutsiyasi to‘g‘risida”gi O‘zbekiston Respublikasi Konstitutsiyaviy qonuni loyihasi bo‘yicha O‘zbekiston Respublikasi Referendumini o‘tkazish haqidagi O‘zbekiston Respublikasi Oliy Majlisi Qonunchilik palatasining qarori, 10.03.2023 yildagi 3017-IV-son

Konstitutsiyaviy islohotlarni amalga oshirish bo‘yicha ko‘riladigan chora-tadbirlar to‘g‘risidagi O‘zbekiston Respublikasi Oliy Majlisi Qonunchilik palatasi Kengashi, O‘zbekiston Respublikasi Oliy Majlisi Senati Kengashining qo‘shma qarori, 20.05.2022 yildagi 2122-IV-son

O‘zbekiston Respublikasi Presidenti Sh.Mirziyoevning Konstitutsiya qabul qilinganining 31 yilligi munosabati bilan bayram tabrigi. https://aniq.uz/yangiliklar/

Mirziyoev Sh. Hozirgi zamon va Yangi O‘zbekiston. - Toshkent: “O‘zbekiston” – 2024, 385-bet.

Saidov A. Yangi tahrirdagi Konstitutsiya – inson sha’ni, qadr-qimmati va huquqlarining mustahkam kafolati. Xalq so‘zi. 2023 yil, 24 noyabr. http://www.insonhuquqlari.uz/oz/news/m11846

Barqaror ijtimoiy-iqtisodiy rivojlanishning va inson taraqqiyoti prinsiplarini amalga oshirishning parlament tomonidan ta’minlanishi, O‘zbekiston Respublikasi Oliy Majlisi Senati, 2011.

Xakimov R.R. Davlat hokimiyati tizimida parlament: nazariya va amaliyot muammolari: Monografiya. – O‘zbekiston, Respublikasi Prezidenti huzuridagi Amaldagi qonun hujjatlari monitoringi instituti nashriyoti - Toshkent., 2012.

Davlat va huquq nazariyasi: Darslik / X.T.Odilqoriyev, I.T.Tulteyev va boshq.; – T.: «Sharq», 2009. 179-b.

Saydaliyeva, N., & Nazirov, M. (2020). Youth policy as a priority area of development. Sociosphere, 3, 104-111.