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NORMATIVE AND LEGAL BASES FOR THE FORMATION OF A UNICAMERAL
PARLIAMENT IN UZBEKISTAN
Nodira Dzhanibekova,
scientific researcher
Tashkent City
Abstracts:
This article analyzes the legal documents that laid the foundation for the formation
of the country’s unicameral parliament. In particular, it reveals the essence and significance of
the Constitution of the Republic of Uzbekistan, the laws “On Elections to the Oliy Majlis of the
Republic of Uzbekistan” and “On the Oliy Majlis of the Republic of Uzbekistan”.
Key words:
unicameral parliament, law, Konstitution, elections, deputy.
In a state governed by the rule of law, one of the main elements is the system of separation of
powers. Thanks to this principle, state authorities restrain and control each other and do not
allow the concentration of power in the hands of one div or person. In most modern states,
power is divided into legislative, executive and judicial. The principle of separation of powers
is of great importance in the development of society, and if this principle is not observed in the
state, a crisis of both the state and society begins, which is what the Soviet system ultimately
came to, built on the omnipotence of one party, and not on the separation of powers of the
authorities and mutual restraint of power. As a result of the self-destructive policy of the Soviet
state, in the conditions of the political, economic and social crisis of the country, Uzbekistan
left the USSR.
At the 6th extraordinary session of the Supreme Council of the twelfth convocation in Tashkent,
the Resolution “On the proclamation of state independence of the Republic of Uzbekistan”, the
Statement on state independence and the Law “On the principles of state independence of the
Republic of Uzbekistan” were adopted. It should also be noted that by the Decree the Uzbek
SSR was renamed the Republic of Uzbekistan[1].
According to the law "On the Fundamentals of State Independence of the Republic of
Uzbekistan", the people of the Republic of Uzbekistan are sovereign and are the only source of
state power in the country. The people exercise power both directly and through their
representatives. It was declared that the system of state bodies of the Republic of Uzbekistan is
based on the principle of separation of powers, such as legislative, executive and judicial.
With the proclamation of state independence by the Republic of Uzbekistan in 1991, the
country took a course towards democratization of all spheres of life, recognition of the priority
of the rights and interests of the individual, development of market relations, separation of
powers of the branches of government, inviolability of borders between sovereign states and
sovereign foreign policy.
One of the important steps in the reform of the political system was the election of a
unicameral national parliament of the country - a legislative and representative div formed on
a multi-party basis in single-mandate constituencies. The predecessor of the country's new
parliament was the Supreme Council of the Republic of Uzbekistan, which operated from 1938
to 1994 and performed legislative functions until the elections to the new unicameral parliament
of Uzbekistan. The last twelfth convocation of the Supreme Council of the Republic of
Uzbekistan worked from 1990 to 1994 and consisted of 500 people's deputies, who were
elected from all regions of the republic in several stages[2].
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The formation of the country's unicameral parliament was preceded by the development of a
number of regulatory documents adopted at sessions of the Supreme Council of the Republic of
Uzbekistan. These documents became the legal basis for the creation of a new system of state
system and management. In total, during the period of work of the country's parliament from
1991 to 1994, 79 laws were adopted and 3 international documents were ratified.[3].
The first step towards the creation of a new parliament of the country was the adoption of the
Constitution of the Republic of Uzbekistan on December 8, 1992 at the eleventh session of the
Supreme Council of the Republic of Uzbekistan. According to the preamble of the Basic Law,
the people of Uzbekistan proclaimed their commitment to human rights and the principles of
state sovereignty, confirmed their loyalty to the ideals of democracy and social justice and
adopted, in the person of their authorized representatives, the Constitution of the Republic of
Uzbekistan.
Article 7 of the Constitution of the Republic of Uzbekistan established the provision that the
people are the only source of state power. This power is exercised in the interests of the people
and exclusively by bodies authorized to do so by the Constitution of the Republic of Uzbekistan
and laws adopted on its basis.
Article 10 of the Constitution of the country declared that only the Oliy Majlis and the President
of the Republic elected by the people could speak on behalf of the people. Article 11 of the
Basic Law affirmed that the system of state power is based on the principle of separation of
powers into legislative, executive and judicial. Section five of Chapter 18, Article 76-88 of the
Basic Law of the country defined the constitutional and legal status of the Oliy Majlis of the
Republic of Uzbekistan[4]. According to the Basic Law, the Oliy Majlis was endowed with 24
powers.
The next important legal document was the Law “On Elections to the Oliy Majlis of the
Republic of Uzbekistan”, adopted on December 28, 1993 at the session of the Supreme Council
of the Republic of Uzbekistan of the twelfth convocation».[5] According to the Law, the Oliy
Majlis consists of two hundred and fifty deputies elected from territorial single-mandate
constituencies on a multi-party basis for a term of five years. The election of deputies is based
on universal, equal and direct suffrage by secret ballot. For the elections to the Oliy Majlis, it
was assumed that 250 territorial electoral districts would be formed, from each of which one
deputy would be elected, that is, the elections were held on a majoritarian basis.
Elections of deputies to the Oliy Majlis were appointed by the Oliy Majlis no later than three
months before the expiration of the term of office of the deputies of the parliament of the
previous convocation. According to the Law "On Elections to the Oliy Majlis of the Republic
of Uzbekistan", political parties, the Jokargy Kenes of the Republic of Karakalpakstan, regional
and Tashkent city Councils of People's Deputies, as well as an initiative group of voters had the
right to nominate candidates for deputies of the Oliy Majlis.
On September 22, 1994, the Constitutional Law of the Republic of Uzbekistan “On the Oliy
Majlis of the Republic of Uzbekistan” was adopted»[6]. According to Article 1 of this Law, the
legal status of the Oliy Majlis of the Republic of Uzbekistan was determined as the highest state
representative div exercising legislative power in the country. The Oliy Majlis was endowed
with the right to accept for consideration any issue related to its powers in accordance with the
Constitution of the Republic of Uzbekistan. The organizational form of work of the Oliy Majlis
of the Republic of Uzbekistan is a session, which must be convened at least twice a year. Also,
at the initiative of the Chairman of the Oliy Majlis, it was possible to convene an extraordinary
session of parliament.
By the Resolution of the Oliy Majlis of the Republic of Uzbekistan dated May 5, 1995 No. 49-I
"On approval of the regulations of the Oliy Majlis of the Republic of Uzbekistan" the
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Regulations of the Oliy Majlis were approved, according to which the activities of the
parliament are organized. According to the Regulations, the activities of the Oliy Majlis are
based on collective, free discussion and resolution of issues, transparency, responsibility and
accountability to the Oliy Majlis, the bodies it creates, elected and appointed officials, and
constant consideration of public opinion.
The Regulations, along with general provisions, spell out the organizational form of work of
the Oliy Majlis, the powers of the Kengash, Committees and Commissions. The Regulations
also approve the procedure for considering draft laws by the Oliy Majlis and its bodies. It
should be noted that this Regulation lost its legal force on January 27, 2005, after the
transformation of the unicameral parliament into a bicameral div.
Based on the Constitution of the Republic of Uzbekistan, the Law "On Elections to the Oliy
Majlis of the Republic of Uzbekistan", the Law "On the Oliy Majlis of the Republic of
Uzbekistan", elections to the Oliy Majlis were held for the first time on December 25, 1994.
Also on January 8 and January 22, 1995, the second round of elections was held. Candidates
from two political parties were nominated for the elections: the People's Democratic Party and
the Vatan Tarakkiyoti (Progress of the Fatherland) Party, and candidates from local Councils
also ran. A total of 643 candidates were nominated, of which 250 candidates were nominated
by local councils, 243 candidates were members of the People's Democratic Party, 141
candidates were members of the Vatan Tarakkiyoti Party[7].
As a result of the elections to the Oliy Majlis of the first convocation, the formed parliament
was represented by 250 deputies, including 167 deputies from local Councils, 69 deputies from
the NDPU and 14 deputies from Vatan Tarakkiyoti.
It should be emphasized that the Oliy Majlis was unicameral from 1994 to 2004, elections to
the unicameral parliament were held in 1994 and 1999. This indicates that the unicameral
parliament operated for only two convocations, that is, ten years. Following a nationwide
constitutional referendum on January 27, 2002, the unicameral parliament was transformed into
a bicameral legislative div.
Based on the above facts, it should be noted that the Parliament of Uzbekistan has undergone an
evolution that has led to significant changes not only in the structure of the country's legislative
div, but has also led to the reform of the parliament in accordance with the principles of
parliamentary democracy, and the increased participation of deputies and political parties in the
legislative process.
Literature:
1.
Law "On the Fundamentals of State Independence of the Republic of Uzbekistan". No.
336-XII. Bulletin of the Supreme Council of the Republic of Uzbekistan, 1991, No. 11, art. 246
2.
In the Central Electoral Commission for the Election of People's Deputies of the Uzbek
SSR// Pravda Vostoka: newspaper.-1990.-May 3 (issue 22288).-P.
3.
Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan. Prospect.A/P-
15778
4.
Constitution of the Republic of Uzbekistan. Newspaper "Narodnoe slovo" of December
15, 1992. No. 247 (438)
5.
Law "On Elections to the Oliy Majlis of the Republic of Uzbekistan". Bulletin of the
Supreme Council of the Republic of Uzbekistan, 1994, No. 1, Art.
6.
Law of the Republic of Uzbekistan "On the Oliy Majlis of the Republic of Uzbekistan".
Bulletin of the Supreme Council of the Republic of Uzbekistan, 1994, No. 10, Art.
250.Uzbekistan Parliamentary Chamber:Oliy Majlis.Elections Held IN 1994-1995/ Historical
Arhive. archive.ips.
