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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.
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