Volume 03 Issue 11-2023
61
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
61-66
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article analyzes from a scientific, theoretical, practical and legal point of view the most important factor
determining the existence of a modern democratic state and a free, open civil society
–
the need and conditions for
the reflection of civil society institutions in the new Constitution of Uzbekistan.
KEYWORDS
Constitutional reforms, active civil society, civil society institutions, non-governmental non-profit organizations,
people, society and the state, multiparty system, state bodies, public control.
INTRODUCTION
If we pay attention to the world experience, the need
for constitutional reforms is felt at a time when
fundamental changes are taking place in the life of the
state and society. Because the word Constitution from
latin means structure, order , determines the structure
of each state, the powers and formation procedure of
the authorities and management bodies in it, the
democratic election system, the mutual relations of
society, the state and the individual.
With the beginning of a new stage of Uzbekistan's
development,
constitutional
reforms
were
implemented in order to comprehensively develop the
new society, modernize the country, and liberate all
spheres of life.
The President of the Republic of Uzbekistan, Sh.
Mirziyoyev, identified the “is
sue related to the
development of a free and justice civil society” as one
of the areas that should be given special attention in
the process of constitutional reforms. On this basis, as
the head of our state noted, “The concept for 2021
-
2025 was approved in order to raise these measures to
a new level in terms of quality and to determine the
prospects for the development of a fair civil society in
our country in the near and medium term. Now, in our
Research Article
NEW UZBEKISTAN CONSTITUTION AND CIVIL SOCIETY INSTITUTIONS
Submission Date:
November 16, 2023,
Accepted Date:
November 21, 2023,
Published Date:
November 26, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue11-10
Akhtam Salomovich Tursunov
Doctor Of Legal Sciences, Professor, Uzbekistan
Izzatullo Ibodovich Tolibov
Candidate Of Legal Sciences, 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 03 Issue 11-2023
62
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
61-66
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Basic Law, it is necessary to further strengthen the role
and status of civil society institutions - mahallas,
political parties, movements, mass media, trade
unions, foundations and other public associations” .
From the point of view of strengthening the
constitutional foundations of the formation of a free,
open, active civil society with the rule of law as one of
the strategic goals of the new Uzbekistan Chapter XIII
of the updated Constitution of Uzbekistan was named
“Civil society institutions” (in the Constitution adopted
on December 8, 1992, this chapter is edited as
“Community associations” described).
This chapter of the newly revised Constitution, which
includes 7 separate articles, gives constitutional legal
status to “civil society institutions”. In particular,
Article 69 of our Basic Dictionary reflects the
constitutional norm in the form of “Civil society
institutions, including public associations and other
non-governmental non-profit organizations, citizens'
self-government bodies, mass media form the basis of
civil society”. This legal definition c
overs all types of
non-governmental non-commercial organizations and
other institutions of civil society. Article 72 establishes
an important constitutional provision related to the
fact that the state ensures compliance with the rights
and legal interests of non-governmental non-
commercial organizations, and creates equal legal
opportunities for them to participate in the life of
society.
It is understood from the constitutional provisions
mentioned above that the development of a free and
fair civil society is defined as one of the most important
directions of the legal development of our country.
At this point, it should be noted that the constitutions
of many former “Union” countries do not have a
separate chapter on “Civil Society Institutions”. In
particular, in Article 13 of Chapter I of the Constitution
of the Russian Federation , entitled “Basics of the
constitutional system”, implied general provisions
related to “Community associations are equal before
the law”, “Political diversity and multi
-party system are
recognized in the Russian Federation”.
According to “General provisions” of the Constitution
of the Republic of Kazakhstan Article 5 of Chapter I
(only 1 article) are defined the norms that the Republic
of Kazakhstan recognizes ideological and political
diversity, does not allow the establishment of political
party organizations in state bodies, and equality of
public associations before the law, the constitutional
norms on the prohibition of illegal interference of state
public associations and public associations in state
affairs, transfer of the functions of state bodies to
public associations.
The Constitution of the Republic of Belarus includes 1
article related to the activities of such institutions,
which is “Fundamentals of the constitutional system”
in Article 5 of Chapter I, which states that political
parties and other public associations operating within
the framework of the Constitution and laws of the
Republic of Belarus have been reflected to help
implement and protect the rights, freedoms and
interests of citizens and human, political parties and
other public associations have the right to use the
State mass media in accordance with the procedure
established by law, for the purpose of forcibly
changing the Constitutional system or promoting war,
social,
national,
religious
and
racial
enmity
constitutional provisions on the prohibition of
establishing and managing political parties, as well as
other public associations.
The necessity and conditions for the reflection of
“institutions of civil society” in the constitutional legal
system of our country can be explained as follows:
Volume 03 Issue 11-2023
63
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
61-66
SJIF
I
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FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
First of all, non-governmental non-profit organizations
and other institutions of civil society in our
Constitution, adopted in the early years of our
country's independence, as indicated above, the
concept of “Community Associations” (“In the
Republic of Uzbekistan, trade unions, political parties,
societies of scientists, women's, veterans' and youth
organizations, creative associations, mass movements
and other associations of citizens registered in
accordance with the law are recognized as public
associations ) does not fully reflect the essence of
today's non-governmental non-profit organizations
and other institutions of civil society. Because this
definition does not take into account many types of
non-governmental non-profit organizations, including
associations, public funds, patronage and guardianship
organizations, advocacy organizations, chambers,
unions, institutions.
In addition, at that time, the number and efficiency of
such organizations were much lower than today. To
compare their number, the following statistics should
be cited: “The number of NGOs in our republic was 95
in 1991, 2,585 in 2000, 6,000 in 2013, and 7,800 as of
January 1, 2014 (registered in the judicial authorities).
Today, “More than 9,200 non
-governmental non-profit
organizations operating in our country are performing
an important task in protecting the rights and legal
interests of individuals and legal entities, democratic
values, and achieving the goals of social life, culture
and education ;
second, during the next 6-7 years, more than 50
normative legal documents were adopted aimed at
improving the organizational, legal and economic
foundations of the activities of other institutions of
civil society, creating favorable conditions for
expanding their participation in public management.
Legal scholar J. Shirinov's “At the same time, the
concept of civil society institutions is used in more than
50 current normative legal documents of the Republic
of Uzbekistan. 20 of them are codes and laws, 20 are
decrees and decisions of the President of the Republic
of Uzbekistan, 8 are decisions of the Cabinet of
Ministers, and 2 are departmental and regulatory
documents” opinion and lega
l scientist Sh. Yakubov's
“There is another practice in law
-making experience,
based on which some laws use “civil society
institutions” (the number of such laws is 12 as of
November 2018), while other laws use this concept
together
with
“non
-governmental
non-profit
organizations” and “civil society” as “other institutions
of the society”“ comments are important.
third, for the first time in the history of independent
Uzbekistan, the Advisory Council for the Development
of Civil Society was established under the President of
the Republic of Uzbekistan with the Decree No. PO-
5430 dated May 4, 2018 “On measures to radically
increase the role of civil society institutions in the
process of democratic renewal of the country”. This
Council:
- to establish a high-level systematic and effective
dialogue between the state and civil society
institutions as a modern, democratic and open space
that unites the efforts of the state and civil society
institutions aimed at more rapid and comprehensive
development of the country;
- development of proposals for determining the
strategic directions of civil society development and
forming a national model in the medium-term and long-
term perspective;
- carries out important tasks such as discussing current
issues of concern to civil society and the general public,
as well as regularly informing the President of the
Volume 03 Issue 11-2023
64
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
61-66
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Republic of Uzbekistan about the state and
development trend of this sector;
fourth, to implement the idea of “Society as the
initiator of reforms”, to expand the scope of
participation of the population in the management of
state and community affairs, to achieve the goals of
the United Nations Organization for Sustainable
Development, to establish close cooperation between
citizens, society and the state, as well as public control
over the activities of state bodies and institutions for
the purpose of strengthening, the establishment of the
Public Chamber under the President of the Republic of
Uzbekistan was shown for the first time in the practice
of our country.
The Public Chamber systematically studies the public
opinion, which is extremely important for the
development of society, discusses the current issues
that concern the population, and also submits
proposals for the development of relevant normative
legal documents to the President of the Republic of
Uzbekistan, the chambers of the Oliy Majlis and the
Government on their solution, engages citizens, non-
governmental non-profit organizations and other
institutions of civil society, mass media representatives
and bloggers in discussions on freedom of speech,
implementation of citizens' right to receive and
distribute
information,
ensuring
freedom
of
information guarantees, and develops practical
proposals related to these issues;
fifth, “civil society is a necessary r
ational way of social
life based on law and democracy in the theory of
constitutional law; a social system in which a person is
guaranteed a free choice of the forms of his economic,
political and cultural life, the rule of law and human
rights and freedoms are established, multi-partyism,
political institutions, diversity of ideologies and
opinions are ensured and the status of self-
government bodies is high. In this, every citizen of the
country actively participates in the work of public
associations and funds, self-governing bodies, political
parties
and
non-governmental
non-profit
organizations and satisfies their needs from a political,
social, economic, spiritual and legal point of view” ;
sixth, the implementation of the extremely responsible
task of building New Uzbekistan, which is faced by
state and non-state organizations, as well as the
general public, is directly related to the effectiveness
of civil society institutions. After all, the decisive factor
in the establishment of New Uzbekistan is the
unification of the efforts of the members of society,
the formation of an active civic position of citizens, the
raising of social consciousness, increasing political
activity and legal culture, which are necessary
conditions for the free functioning of civil society
institutions and active participation in state and
community management. creation, requires further
improvement of their state support mechanisms. “In
different historical periods of the country's
development, especially in the stages of its rise, the
dialectic of the relationship between the state and the
society is repeatedly observed by the social
consciousness” .
“These public structures, as a social partner of the
state, on the one hand, support the socio-economic
activity of the broad strata of the population, and on
the other hand, involve the citizens in the process of
democratic changes more broadly” .
In agreement with the above-mentioned opinions of
our scientists, we can say that at the time when the
construction of the state and society is fundamentally
reformed, modernized and renewed, all groups and
academic circles in social life, state bodies, and the
general public should be united around the idea of
“society as an initiator of reforms”, constructive
Volume 03 Issue 11-2023
65
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
61-66
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
among them. and non-governmental non-profit
organizations and other institutions of civil society play
an important role in establishing mutually beneficial
cooperation. There are also a number of tasks in
shaping the public's opinion regarding the various
changes taking place in our country, as well as at the
level of the international community.
From the point of view of the importance and scope of
such extremely important and responsible tasks, as
well as the urgency of their execution, the
establishment of the Public Chamber under the
President of the Republic of Uzbekistan and the
improvement of its legal status have become the
necessity of today.
The adoption of the law “On the Public Chamber under
the President of the Republic of Uzbekistan” serves as
a basis in practice ensures the effective functioning of
a new institution - the Public Chamber under the
President of the Republic of Uzbekistan and the public
chambers of the Republic of Karakalpakstan, regions
and the city of Tashkent.
CONCLUSION
In conclusion, reflecting the institutions of civil society
in the newly adopted Constitution of New Uzbekistan,
which is boldly moving towards high development,
serves as a constitutional foundation for the
establishment of a people-friendly state through the
development of a free civil society, the main goal of the
new society. After all, one of the main requirements of
modern jurisprudence is to provide such institutions,
which are of decisive importance in the relations
between people, society and the state, in a document
with high legal force.
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“History of the creation of our Constitution”,
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Sh. Mirziyoev, “The main goal of our constitutional
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people in practice”, https://uza.uz.
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Constitution of the Republic of Uzbekistan.,
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Decree of the President of the Republic of
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5430 “On measures to
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Volume 03 Issue 11-2023
66
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
61-66
SJIF
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MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
institutions in the process of democratic renewal
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“On the establishment of the Public Chamber
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