Volume 04 Issue 01-2024
107
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
107-114
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
Today, ensuring the implementation of important tasks for pursuing an open, pragmatic and active foreign policy of
our country, identified in the priority areas of the Development Strategy of New Uzbekistan, is becoming increasingly
important. Uzbekistan's participation in regional and international processes has increased significantly. Large-scale
changes and reforms taking place in the country are reflected in foreign policy. Uzbekistan today is pursuing a more
active and pragmatic foreign policy compared to previous times, and this is recognized by the international
community. At the same time, cooperation with the countries of Central Asia has expanded like never before.
KEYWORDS
Initiatives of the Republic of Uzbekistan on regional cooperation, new Constitution in a new edition, development of
interstate cooperation.
INTRODUCTION
Modern integration processes in the context of
globalizatio
n have highlighted the Uzbekistan’s need
for identifying priority goals for the implementation of
foreign policy activities. It should be noted that with
the acquisition of independence, the state’s foreign
policy was formed on the principles of peace,
cooperation and mutual respect [17.].
Central Asia has all the necessary conditions for the
progressive, sustainable development for bilateral and
multilateral relations - this is confirmed by the rapid
transformations
in
regional
cooperation,
the
establishment of good neighborly relations of strategic
partnership in various fields: politics, economics,
cultural and humanitarian ones.
On September 10, 2012 the law approved the Concept
of Foreign Policy Activities of the Republic of
Uzbekistan. Central Asia was designated as the main
priority of the foreign policy activities of the Republic
of Uzbekistan in this Concept. In the Concept among
the main directions of foreign policy were noted:
Research Article
THE COSTITUTION IN A NEW EDITION: ISSUES OF DEVELOPMENT OF
INTERSTATE REGIONAL COOPERATION
Submission Date:
January 20, 2024,
Accepted Date:
January 25, 2024,
Published Date:
January 30, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue01-19
Rakhimova Muattara
Professor Of Tashkent State University Of Law Doctor Of Science (DSC) In Law, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
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
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International Journal Of Law And Criminology
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04
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SJIF
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(2021:
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Publisher:
Oscar Publishing Services
Servi
«1) Uzbekistan reserves the right to enter into alliances,
enter into commonwealths and other interstate
formations, as well as leave them, guided by the
highest interests of the state, people, their well-being
and security, priority directions for the modernization
of the country, current national legislation and
accepted international obligations;
2) Uzbekistan pursues a peace-loving policy..., reserves
the right to withdraw from any interstate entity in the
event of its transformation into a military-political
bloc...» [14.].
Further, the President Sh. Mirziyoyev also confirmed
the priority of Central Asia - he held his first meeting as
a president with the head of Kyrgyzstan, and made his
first visits to neighboring states: Turkmenistan and
Kazakhstan.
In his speech at the ceremonial meeting dedicated to
the 24th anniversary of the adoption of the
Constitution of the Republic of Uzbekistan the
President of the Republic of Uzbekistan Sh.M.
Mirziyoyev emphasized: «The state’s foreign policy
activity, first of all, is based on the comprehensive
interests of the people and the country... Uzbekistan
will continue the effective cooperation with near and
far abroad countries, the entire world community and
will remain committed to pursuing a peaceful, open
and pragmatic policy.»[10. ].
The Republic of Uzbekistan is now at a new stage of its
development, which is characterized by the rapid
implementation of large-scale and progressive reforms
designed to improve the quality of life of the people,
strengthen innovative economic growth and security
of the country, and, naturally, the need in the
constitutional reforms. The updated Constitution
should create a solid legal basis, a guarantee of a long-
term development strategy for Uzbekistan.
Within the framework of the Constitution of the
Republic of Uzbekistan in a new edition the article 17 of
the Chapter IV «Foreign Policy» was updated,
according to which «the Republic of Uzbekistan shall
be a full-fledged subject of international relations. The
foreign policy of Uzbekistan shall be based on the
principles of sovereign equality of the states, non-use
of force or threat to use force, inviolability of frontiers,
peaceful settlement of disputes, non-interference in
the internal affairs of other states, and other generally
recognized principles and norms of international law.»
[2.].
And also the Chapter IV was supplemented by the
article 18, where it is noted that «the Republic of
Uzbekistan shall pursue a peaceful foreign policy
aimed at the comprehensive development of bilateral
and multilateral relations with states and international
organizations. The Republic of Uzbekistan may enter
into alliances, join commonwealths and other inter-
governmental institutions, as well as withdraw from
them, on the basis of the supreme interests of the
state, the people, its welfare and security» [2.].
As part of international cooperation, strategies,
concepts and regulations are being developed and
implemented in the Republic of Uzbekistan. One of
these examples is the development and adoption of
«The Action Strategy for the five priority areas of the
development of the Republic of Uzbekistan in 2017-
2021» [3.].
The Action Strategy was a fundamental program
document that defined a completely new milestone in
the development of modern Uzbekistan. A well-
thought-out strategy for strengthening friendly ties
was expressed in specific historical steps: such
pressing problems, as border crossings and water use
were resolved, state visits by heads of state in the
region became more frequent and became practical
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(2023:
6.
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
confirmation of the special attention paid to good
neighborly relations in our country’s foreign policy
[21.].
Based on the idea put forward as the main one in the
new Development Strategy of New Uzbekistan «From
Action Strategy to Development Strategy», «... we
have set more serious tasks for ourselves in each area
and industry in the Development Strategy of New
Uzbekistan...» [4.], in particular, «to strengthen
relations with the United Nations and its specialized
structures,
the
Inter-Parliamentary
Union,
international financial institutions and regional
organizations...»[4.].
The adoption of the Constitution of the Republic of
Uzbekistan in a new edition by popular vote in a
referendum held on April 30, 2023, served to
strengthen the constitutional foundations for the
construction of New Uzbekistan [5.], and together
with the updated constitutional and legal conditions, it
was necessary to improve the main directions of
development of a free and prosperous, strong New
Uzbekistan. And based on the experience gained
during the implementation of the Development
Strategy of New Uzbekistan, the need arose to develop
and adopt a new Strategy «Uzbekistan - 2030». For this
purpose, on September 11, 2023, Decree of the
President of the Republic of Uzbekistan No. UP-158
«On the Strategy «Uzbekistan - 2030» [5.] was adopted.
In particular, in subparagraphs 90-92 of paragraph 5.1.
«Reforms aimed at pursuing an open, pragmatic and
active foreign policy» Appendix No. 1 of the
«Uzbekistan -2030» Strategy states the need:
•
«Consistent continuation of the implementation of
an open, pragmatic, active and good-neighborly
foreign policy against the backdrop of complex
processes taking place in the world»;
•
«Establishing a balanced and ongoing dialogue
with partner countries and within the framework
of authoritative international organizations on
regional and global issues»;
•
«Raising practical cooperation in the Central Asian
region to a qualitatively new level»;
•
«Accelerated development of good neighborly
relations and strategic partnerships with all
neighboring states, regular and effective conduct
of bilateral and multilateral negotiations in
political, economic, cultural and humanitarian
areas»;
•
«Development of mutually beneficial relationships
with traditional partners, expansion of the
geography of international cooperation, joining
global production and supply chains»;
•
«Deepening full-scale relations of strategic
partnership and alliance in Central Asia, taking into
account international law and the national
interests of all states in the region»;
•
«The gradual achievement of free movement of
citizens on the territory of the Central Asian states,
as well as the circulation of goods, services and
capital without artificial restrictions, continuation
of work on the formation of a common tourist
space.» [5.]
This is the implementation of the guidelines that were
laid down in the speech of the President of the
Republic of Uzbekistan at the 72nd session of the UN
General Assembly, where it was noted: «Located in the
heart of the Central Asia, Uzbekistan is directly
interested in the region becoming a zone of stability,
sustainable development and good neighborliness. A
peaceful, economically prosperous Central Asia is our
most important goal and key task. Uzbekistan is
determined to engage in a dialogue, constructive
interaction and strengthen good neighborliness» [9.].
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International Journal Of Law And Criminology
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SJIF
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(2021:
5.
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(2022:
5.
705
)
(2023:
6.
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OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
In support of the proposal of the head of Uzbekistan, a
special UN General Assembly Resolution on Central
Asia was adopted on June 22, 2018, which became
another historical event that laid a solid foundation for
the development of regional cooperation [21.]. At the
initiative of the President of the Republic of Uzbekistan
Sh.M. Mirziyoyev, the principle: «A peaceful and
prosperous Central Asia is a key task» began to be
implemented in the foreign policy of Uzbekistan.
Further strengthening of friendly and trusting relations
with all neighbors in the region has become one of the
priorities of Uzbekistan’s foreign policy…» [12.]. This
principle
has
received
its
further
practical
implementation, and «our main task remains to further
strengthen good neighborly relations and strategic
partnerships, primarily with the countries of Central
Asia» for the future [7.].
In the post-Soviet space, a number of interstate
associations and organizations interact, they differ in
the composition of participants and the degree of their
rapprochement. One such example is the Consultative
Meeting of the Heads of State of Central Asia in
Tashkent [12.]. It laid the foundation and outlined
promising directions for the further development of
trade and economic, investment, transport and
communication, agricultural relations, industrial
cooperation, environmental protection measures, in
the field of tourism, science, culture, sports, and
energy.
A Statement was adopted following the results of the
second Consultative Meeting, and the trend towards
regional convergence in Central Asia was called a
historical reality and the need for regional cooperation
in the areas of maintaining stability, security, policies,
as well as achieving sustainable development was
emphasized [8.]. The «Agreement between the
Republic of Kazakhstan, The Kyrgyz Republic, the
Republic of Tajikistan, Turkmenistan and the Republic
of Uzbekistan on friendship, good neighborliness and
cooperation for the development of Central Asia in the
XXIst century» [16.] was signed among other
documents on practical cooperation in the region at
the fourth consultative meeting of the heads of state
of Central Asia (Cholpon-Ata, Kyrgyzstan) on 21 July
2022. The agreement contains articles that reflect a
wide range of agreements on cooperation in various
areas: between branches of government, in the
military and military-technical sphere, ecology, socio-
cultural development. And of course, special attention
is paid to expanding economic cooperation between
Central Asian countries. The parties interact within
various international economic, financial and other
organizations and institutions, providing support to
each other in participating in or joining international
organizations.
It is necessary to note the importance of the initiatives
put forward by the President of the Republic of
Uzbekistan Sh.M. Mirziyoyev during this Consultative
Meeting of the Heads of State of Central Asia [18.].
Firstly they are programmatic and comprehensive in
nature;
secondly, they are aimed at solving specific issues of
regional cooperation;
thirdly, their implementation will help accelerate the
development of the region.
These proposals will give a powerful impetus to the
further development of trade and economic relations
between the states of Central Asia. Another important
achievement of the Consultative Meeting in November
2019 was the adoption of the Joint Statement of the
Leaders of the Central Asian States - a kind of program
for the development of the region. It presents
consolidated approaches and a common vision of
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heads of states of the region regarding the prospects
for strengthening regional cooperation.
Developed at the initiative of Uzbekistan jointly with
the countries of the region, a special UN Resolution
«Strengthening regional and international cooperation
to ensure peace, stability and sustainable development
in the Central Asian region» [1.] shows of the achieved
high level of consolidation of the region and the
Central Asian countries readiness to take responsibility
for solving regional problems.
On July 15
–
16, 2021 at the International Conference
«Central and South Asia: Regional Connectivity.
Challenges and Opportunities»[13.] the President of
Uzbekistan Sh. Mirziyoyev put forward new initiatives
were that found a response not only in the states of the
two regions, but also in the world community. Among
them:
«…the world has entered an era of global geopolitical
transformations, associated with both challenges and
new opportunities.
…We realize that connectivity, cooperation, dialogue
and, above all, trust are a driving force to ensure
stability, sustainable development, improvement of
the living standards and well-being of the peoples of
our regions.
…All this creates the necessary p
rerequisites for the
formation, on the one hand, of a space for
interregional cooperation and partnership, free from
conflict and social and, on the other hand, a vast
market for goods and services, investment and
innovation.
Taking the initiative to organize this conference, we
have pursued the following ideas.
First, strengthening peace and friendship, trust and
good-neighborliness,
enhancing
the
mutually
beneficial cooperation between our countries, building
an open and constructive policy meet the common
interests of all Central and South Asian states.
Second, we stand for the creation of sustainable trade,
economic and transport communication links, which
should become the main driver for the further
development of our countries and of the entire region
in the long term.
We have an objective need to strengthen our
cooperation through the digitalization of economies,
the development of electronic commerce and
introducing innovation.» [13.]
Today, based on the principles of finding reasonable
compromises and mutual consideration of interests a
number of systemic problems that previously
prevented the full realization of the enormous
potential of regional cooperation are finding their long-
term solution thanks to all these positive trends, The
most important thing is that the states of Central Asia
have begun to play a key role in decision-making on the
most pressing and pressing issues of development of
the entire region.
Citing UN forecasts experts note, that mutually
beneficial cooperation within the region will double
the regional GDP in the next ten years [15.], and, in
addition, the geostrategic location at the «junction» of
Europe and Asia, the human and resource potential of
Central Asia make the region attractive as a key link in
global production chains and supply of competitive
goods to EU markets.
In this regard, it is necessary to note the timeliness and
relevance of the initiative of the President of the
Republic of Uzbekistan Sh. Mirziyoyev to create a
Regional Center for the Development of Transport and
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Communication
Interconnectedness
under
the
auspices of the UN. This will create a common platform
for the formation of a single, ramified and externally
integrated transport space in Central Asia, its
connection with the trans-European transport
network, which will significantly strengthen the
relationship between Asia and Europe.
Strengthening the economic cooperation at the
regional level ensures the predictability of the
development of Central Asia as a stable and
sustainable region, which will help attract foreign
investment.
According to the second part of the article 18 of the
Constitution of the Republic of Uzbekistan in the new
edition: «The Republic of Uzbekistan may enter into
alliances, join commonwealths and other inter-
governmental institutions, as well as withdraw from
them, on the basis of the supreme interests of the
state, the people, its welfare and security. »[2.]
Uzbekistan’s
cooperation
with
international
organizations is not an end in itself, but a desire for
economic growth, increasing the competitiveness of
goods and services and improving the economy. Based
on the foreign experience studying it is necessary to
develop a clear strategy for Uzbekistan’s accession to
an international organization. The most vulnerable
sectors of the economy, such as agriculture, must be
protected.
This sector plays an important role in the development
of Uzbekistan. The share of agriculture in national GDP
is at the level of more than 17.5% [22.], while it should
be borne in mind that approximately 49.7% of the
population of Uzbekistan [22.] lives in rural areas and
engages in agricultural production to ensure their
livelihood.
Geographically, our region is located deep inside the
mainland, far from sea routes and world trade centers,
although it has rich natural resources. Kazakhstan,
Tajikistan, Kyrgyzstan and Turkmenistan are directly
bordered with states with direct access to the sea,
while Uzbekistan, as an inland state, is surrounded by
neighbors who also do not have direct access to the
sea. One of the advantages of highly developed
countries of the world is their geographical location
–
they have direct access to the sea and access to
international trade routes through which they can
export their goods.
And this is another important problem
–
Uzbekistan,
like Liechtenstein, belongs to the «double lock» group
of the countries. These countries have to cross the
territory of two states to access the oceans, while the
cost of importing amounted to more than 6 thousand
US dollars, and when exporting cargo delivery to the
nearest port
–
more than 5 thousand US dollars.
One of the urgent problems remains the search for
new transport corridors to the world oceans, which are
necessary to reduce the time and cost of moving
goods. It is no coincidence that the President of the
Republic of Uzbekistan, referring to the issue of
sustainable economic development, focuses on the
need to open new trade routes, create transport
logistics and ensure access of domestic products to
large markets [20.].
In June 2019, at the 20th plenary session of the Senate,
the President of the Republic of Uzbekistan
Sh.M.Mirziyoyev indicated that Uzbekistan needs new
sales markets, noting the geographical advantage of
neighboring countries: «We are far from the roads. Our
neighbors have access to the sea. We import a lot now,
but every dollar is our wealth because we pay in
currency. We enter Russia through Kazakhstan, which
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has its own interests. No one is going to make the way
easier for us. » [11, p. 35]
The Central Asian region has been given priority in
Uzbekistan's foreign policy, and the practical steps
being taken confirm this. The realities necessitate
regional cooperation in order to develop initiatives and
new common solutions to respond to challenges in
time. Significant obstacles remain: concerns of the
country's leadership that threats to sovereignty may
arise as a result of integration processes; high
centralization of public administration in Central Asian
countries; differences in the resource potentials of
states. The potential positive effects of the active
participation of the Republic of Uzbekistan in regional
economic processes are the opportunities to expand
the production base, increase competition in the labor
market, expand sales markets, and improve transport
connectivity in Central Asian countries.
The international community traditionally pays serious
attention to the unresolved problems that impede full-
fledged cooperation between the countries of the
region, issues of interstate economic cooperation,
improving international legal and institutional
mechanisms of economic cooperation between states.
Such interstate cooperation contributes to the
solution of issues of socio-economic development of
Uzbekistan through the establishment of relations
with foreign countries, the formation of a favorable
investment climate in the country.
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Volume 04 Issue 01-2024
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International Journal Of Law And Criminology
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SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
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Oscar Publishing Services
Servi
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