Volume 04 Issue 08-2024
26
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
08
P
AGES
:
26-31
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In this article, the adoption of the Constitution of the Republic of Uzbekistan provides the political and legal
framework for the implementation of the new strategy of Uzbekistan aimed at building a social state, in particular,
the Constitution provides for the first time in the history of our national statehood that the main goal of building a
state is to build a social state.
KEYWORDS
New Uzbekistan strategy, Constitution, rights and freedoms, historical stage, Oliy Majlis, judiciary, citizens and legal
entities.
INTRODUCTION
As a result of the national referendum held on April 30,
2023, the adoption of the new Constitution of the
Republic of Uzbekistan, which is a high-level legal
symbol of the will of the multi-ethnic Uzbek people, is
a political- in the historical stage of the development of
our national statehood, along with the creation of its
legal foundations, it defined the priority directions for
the further development of the state and society.
In particular, in the Constitution, for the first time in the
history of our national statehood, the priority goal of
state building is to build a social state, and the
constitutional
foundations
were
strengthened,
providing for new mechanisms that meet the
requirements of the principles of social justice and
solidarity, as well as the highest international
standards for the protection of human rights and
freedoms.
Based on the requirements of the principle of
separation of powers and the modern concept of the
system of mutual restraint and balance of interests,
powers were redistributed between the Oliy Majlis, the
Research Article
THE CONSTITUTION OF THE REPUBLIC OF UZBEKISTAN IN THE NEW
EDITION PROSPECTS FOR THE RIGHT OF CITIZENS TO PROTECTION
THROUGH THE COURT
Submission Date:
August 20, 2024,
Accepted Date:
August 25, 2024,
Published Date:
August 30, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue08-05
Jamolov Baxtiyer O‘Roqovich
Independent Researcher Of The Academy Of The MIA 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 08-2024
27
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
08
P
AGES
:
26-31
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
President and the Government of the Republic of
Uzbekistan, and the judiciary.
The adoption of the new version of the constitution,
which is the basis of our national legislation, requires
the revision of all normative documents in legal science
and practice, all material and procedural laws related
to justice, as well as their scientific-theoretical
foundations on the basis of the new norms and rules
specified in the constitutional norms. causes. After all,
in the new version of the constitution, the content and
essence of the norm related to the right to protection
through the court, which is one of the important
guarantees of human rights and freedoms, was
explained in detail based on the requirements of the
important provisions defined in the norms of
international law, and with the new provisions has
been filled.
One of the noteworthy and important provisions of the
newly revised Constitution is expressed in paragraph 8
of Article 133 related to the powers of the
Constitutional Court of the Republic of Uzbekistan.
According to him, "Citizens and legal entities, if all
other means of protection through the court have
been used, the constitutionality of the law applied by
the court against him in a specific case that has been
completed in the court is correct. has the right to
appeal to the Constitutional Court of the Republic of
Uzbekistan with a complaint. The inclusion of such a
new norm in the Constitution, firstly, expanded the
scope of the powers of the Constitutional Court of the
Republic of Uzbekistan, and secondly, the expansion of
the scope of the institution of legal protection of
citizens and legal entities was strengthened at a high
level.
In our opinion, this constitutional norm, which is
important in terms of content and essence, requires
the creation of certain legal mechanisms for its
successful and effective development in practice.
In order for citizens and legal entities to directly use the
new institution defined by this constitutional norm,
certain requirements must be met. That is, as required
by law, a citizen or a legal entity who is dissatisfied with
court decisions issued in civil, administrative, criminal
or economic cases in courts of general jurisdiction,
when hearing the case in court, firstly, all other means
of defense in court used the means, secondly, if the
consideration of a specific case related to the appealed
court decision has been completed in the courts of
general jurisdiction, and finally, thirdly, the citizen or
legal entity is unconstitutional of the law applied to him
by the court. if it is considered that, it is possible to
appeal to the Constitutional Court with a complaint
about checking the compliance of the current law
applied by the courts of general jurisdiction with the
Constitution.
In accordance with this constitutional norm, a
supplement was added to Article 27 of the Law "On the
Constitutional Court of the Republic of Uzbekistan",
and among the subjects who have the right to apply to
the constitutional court, citizens and legal entities are
included in the above-mentioned constitutional norm
it is established that in certain cases it is possible to
appeal against the decisions of courts of general
jurisdiction.
Although, the law on the constitution and the
Constitutional Court stipulates that citizens and legal
entities have the right to appeal to the Constitutional
Court of the Republic of Uzbekistan with a complaint
about the constitutionality of the law applied to them
by the court in a specific case heard in the courts of
general jurisdiction. established in the following legal
norms:
Volume 04 Issue 08-2024
28
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
08
P
AGES
:
26-31
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
"using all other means of defense in court";
Regarding what kind of procedural actions and
decisions are meant by the "completion of court
proceedings" of a certain case related to the appealed
court decision, the Constitutional Court of the Republic
of Uzbekistan and the Supreme Court of the Republic
of Uzbekistan provide relevant explanations with the
decisions of their joint plenums, It creates the need to
introduce relevant additions and amendments to the
Regulations for consideration of cases in the
Constitutional Court and, if necessary, to introduce
relevant amendments and additions to the procedural
legislation. In a word, it will be necessary to develop a
mechanism for appealing to the Constitutional Court
over the decisions of courts of general jurisdiction.
In the current civil procedural, criminal procedural,
economic procedural and administrative court codes, it
is established that all types of cases are initially
considered in the courts of the first instance. , the
citizens or legal entities who are dissatisfied with the
decisions of the court of this instance can later appeal
to the middle level-provincial and equivalent courts in
the procedure of appeal, cassation and inspection, it is
regulated by the relevant procedural norms. Citizens
and legal entities who are dissatisfied with the
decisions of the middle level court, in turn, appeal to
the relevant judicial panels of the Supreme Court of the
Republic of Uzbekistan with a review procedure, and
the appeal is based on the decision of the Supreme
Court judge. will be issued for consideration in the
audit procedure. Based on the complaints of citizens
who are dissatisfied with the decision taken in the
relevant judicial panel of the Supreme Court of the
Republic of Uzbekistan, based on the protest of the
President of the Supreme Court of the Republic of
Uzbekistan or the Chief Prosecutor of the Republic of
Uzbekistan, certain categories of cases are referred to
the Supreme Court Directorate. will be considered. The
decision taken on the case considered by the
Department is final and cannot be appealed. In
particular, in accordance with Article 52121 of the Code
of Criminal Procedure of the Republic of Uzbekistan,
the court of the inspection instance of the criminal case
on the protest (private protest) of the chairman of the
Supreme Court of the Republic of Uzbekistan, the
Prosecutor General of the Republic of Uzbekistan on
the grounds provided for in Article 485 of this Code The
Supreme Court of the Republic will review it repeatedly
in the inspection procedure. According to the results of
the review, the judgment and decision issued by the
Presidium of the Supreme Court of the Republic of
Uzbekistan are conclusive.
It seems that a somewhat simpler procedure for
making a final decision on the cases reviewed by the
Supreme Court in the judicial life of the Supreme Court
in civil cases and in the inspection procedure has been
established. That is, in order to make a final decision on
civil cases, it is not required to review the case
repeatedly in the Directorate. According to Article
41926 of the Federal Criminal Code of the Republic of
Uzbekistan, the chairman of the Supreme Court of the
Republic of Uzbekistan or the Prosecutor General of
the Republic of Uzbekistan on the court documents of
the cases examined in the procedure of review by the
Supreme Court of the Republic of Uzbekistan on Civil
Cases The decision issued by the High Court on the
basis of the protest filed by the Directorate of the
Supreme Court in the inspection procedure is
considered final and cannot be appealed (protest is not
filed).
In the above-mentioned procedural sequence related
to the review of appeals against court decisions, it
appears that the final decision is the decision issued by
the Supreme Court in the case of the initial or
(depending on which court panel it applies to)
rehearing case. . However, taking into account that the
Volume 04 Issue 08-2024
29
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
08
P
AGES
:
26-31
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
cases in the presidium can be considered only on the
basis of the protest of the President of the Supreme
Court of the Republic of Uzbekistan or the General
Prosecutor of the Republic of Uzbekistan, a natural
question arises as to what form the final decision will
take in the event that the protest is rejected. will In our
opinion, in such a case, the official answer given by the
President of the Supreme Court of the Republic of
Uzbekistan to a citizen or a legal entity regarding the
rejection of a protest, as the decision of the relevant
judicial panel and the presidium of the relevant court is
legal and reasonable, should be considered as the final
decision.
In our current procedural laws, if a citizen or a legal
entity considers the court decisions he is interested in
to be illegal and unconstitutional, it is stipulated in the
procedural legislation of appeals against court
decisions that he can "use all other means" of defense
in court. it is assumed that the cases have been
considered in the procedural sequence related to
appeal, cassation, inspection and hearing at the
Supreme Court of the Republic of Uzbekistan.
The term "completion of the judicial review" of a
specific case related to the appealed court decision
refers to the complaints of certain categories of
citizens who are dissatisfied with the decision of the
Supreme Court of the Republic of Uzbekistan. It should
be understood as the official answer given to a citizen
or a legal entity that the decision made by the High
Court of the Republic of Uzbekistan in the procedure
of repeated review or the decision of the President of
the Supreme Court of the Republic of Uzbekistan that
the decision of the relevant judicial panel and the Head
of the High Court is legal and reasonable will be
The above-mentioned cases related to the expansion
of the scope of the institution of judicial protection of
citizens defined in the new version of the Constitution,
i.e., the disputed cases regarding the conformity of the
law applied to the Constitution in connection with
certain cases completed in the courts of general
jurisdiction, exist in practice. a natural question arises
whether it can be. We can definitely answer that it can
happen.
Let's say that the decision issued by the higher court
instance regarding the complaint of a citizen or a legal
entity in the verification procedure and issued on the
basis of a certain category of crime or civil case was
completed due to the fact that it was found to be legal
and reasonable based on the norms of procedural and
substantive law established in our national legislation.
If a citizen or a legal entity believes that the provisions
of our national legislation applied in this case are
incompatible with the provisions of an international
agreement or agreement signed by the Republic of
Uzbekistan, he may apply to the Constitutional Court
using his constitutional rights.
After all, according to Article 15 of the Constitution of
the Republic of Uzbekistan, if the international treaty
of the Republic of Uzbekistan stipulates different
provisions than those stipulated by the law of the
Republic of Uzbekistan, the provisions of the
international treaty of the Republic of Uzbekistan shall
be applied.
This procedure is directly recorded in several codes in
force in the Republic of Uzbekistan. In particular, in
accordance with Article 7 of the Civil Code of the
Republic of Uzbekistan, if the international agreement
or agreement stipulates different rules than those of
the civil legislation, the rules of the international
agreement or agreement shall be applied. In
accordance with Article 10 of the Labor Code of the
Republic of Uzbekistan, if an international agreement
of the Republic of Uzbekistan or a convention of the
International
Labor
Organization
ratified
by
Volume 04 Issue 08-2024
30
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
04
ISSUE
08
P
AGES
:
26-31
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Uzbekistan provides for more preferential provisions
for employees compared to labor laws or other
regulatory documents, the provisions of an
international agreement or convention shall apply. In
accordance with Article 9 of the Family Code of the
Republic of Uzbekistan, if the international agreement
of the Republic of Uzbekistan stipulates different
provisions than those of the family legislation of the
Republic of Uzbekistan, the provisions of the
international agreement shall be applied. We can
observe a similar procedure in Article 4 of the Tax
Code, Article 2 of the Customs Code, Article 3 of the
Land Code, Article 1 of the Urban Planning Code and
related articles in other codes.
As can be seen from the requirements of the
mentioned legal norms, in any case where a citizen or
a legal entity considers the norms of our national
legislation based on the judgments issued by the
courts of general jurisdiction on the case they are in
dispute to be incompatible with the provisions
established in international treaties or agreements, in
the courts of general jurisdiction will have the right to
appeal to the constitutional court on a specific case
whose review has been completed.
In our opinion, several other norms of the new version
of the Constitution of the Republic of Uzbekistan give
citizens and legal entities the right to appeal to the
Constitutional Court in case they are dissatisfied with
the decisions of courts of general jurisdiction. It is
known that in paragraph 5 of Article 20 of the
Constitution of the Republic of Uzbekistan All conflicts
and ambiguities in the legislation that arise in the
interaction between a person and state bodies are
interpreted in favor of the person. This provision
established in the Basic Law applies to any proceedings
related to the application of law, in particular, to cases
pending in courts of general jurisdiction. Therefore, in
the process of considering cases related to disputes
arising from the interaction between citizens or legal
entities and state bodies, if a person believes that the
conflicts and ambiguities in the legislation have been
interpreted in favor of the state by the court's decision,
the review in the courts of general jurisdiction has been
completed. will have the right to appeal to the
constitutional court on this issue.
Although, due to the fact that the norms of the
Constitution have the highest legal force, they are
directly and unconditionally applied in the activities of
state bodies and organizations, including courts and
law enforcement agencies. Decree of the President No.
PD-67 dated May 8, 2023 "On the first priority measures
for the implementation of the newly revised
Constitution of the Republic of Uzbekistan" to the
codes of the Republic of Uzbekistan in connection with
the determination of the issue of the implementation
of the constitution in life and practice, and the
coordination of laws and subordinate documents
facing state bodies, Oliy Majlis Chambers, the Cabinet
of Ministers, courts and law enforcement bodies, and
educational institutions Article 20, Clause 5 of the
Constitution requires to be supplemented with a norm
providing for provisions. This strengthens the
guarantees of the right of citizens and legal entities to
be protected by the court and ensures the clear and
uniform application of the constitutional norm in the
courts.
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International Journal Of Law And Criminology
(ISSN
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VOLUME
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ISSUE
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P
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:
26-31
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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