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The Constitution of Uzbekistan as the foundation of
citizens' rights and freedoms
Anvar ADKHAMOV
Ayubkh
а
n ADKHAMOV
General Prosecutor's Office of the Republic of Uzbekistan
Academic Lyceum named after M.S. Vasikov
ARTICLE INFO
ABSTRACT
Article history:
Received April 2024
Received in revised form
15 May 2024
Accepted 15 June 2024
Available online
25 June 2024
The article thoroughly
explores the role of Uzbekistan’s
Constitution as the legal foundation of society. It presents the
historical significance of the Constitution from the era of Amir
Temur to recent amendments. It focuses on the latest reforms and
changes effective from May 1, 2023, emphasizing the democratic
nature of the state, the state's obligations to ensure conditions for
a dignified life for its citizens, and the strengthening of human
rights and freedoms.
2181-
1415/©
2024 in Science LLC.
DOI:
https://doi.org/10.47689/2181-1415-vol5-iss3-pp107-111
This is an open access article under the Attribution 4.0 International
(CC BY 4.0) license (https://creativecommons.org/licenses/by/4.0/deed.ru)
Keywords:
Uzbekistan constitution,
legal foundation,
democratic development,
rights and freedoms,
social justice.
O‘zbekiston Konstitutsiyasi fuqarolarning huquq va
erkinliklarining poydevori
ANNOTATSIYA
Kalit so‘zlar
:
O‘zbekiston Konstitutsiyasi,
huquqiy asos,
demokratik rivojlanish,
huquq va erkinliklar,
ijtimoiy adolat.
Maqola O‘zbekiston
Konstitutsiyasining jamiyatdagi huquqiy
asos sifatidagi rolini batafsil ko‘rib chiqadi. Mualliflar
Konstitutsiyaning tarixiy ahamiyatini Amir Temur davridan
boshlab, 2023 yil 1 maydan kuchga kirgan so‘nggi o‘zgartirishlar
va yangilanishlarga qadar tahlil q
ilishadi. Asosiy e'tibor so‘nggi
islohotlar va o‘zgarishlarga qaratilgan bo‘lib, bu o‘zgarishlar
davlatning demokratik xususiyatini, fuqarolarning munosib
hayot kechirishlari uchun sharoitlar yaratish majburiyatini va
inson huquq va erkinliklarini mustahkamlashni ta'kidlaydi.
1
PhD, Senior Prosecutor, General Prosecutor's Office of the Republic of Uzbekistan.
2
Student, Academic Lyceum named after M.S. Vasikov, Tashkent State University of Law.
Жамият
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Общество
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Society and innovations
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5
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3 (2024) / ISSN 2181-1415
108
Конституция Узбекистана как фундамент прав и свобод
граждан
АННОТАЦИЯ
Ключевые слова:
конституция Узбекистана,
правовая основа,
демократическое
развитие,
права и свободы,
социальная
справедливость
Статья подробно рассматривает роль Конституции
Узбекистана как правовой основы общества. Авторы
излагают историческое значение Конституции, начиная с
времён Амира Темура и переходя к современным
изменениям. Основное внимание уделяется последним
реформам и изменениям, вступившим в силу с 1 мая 2023
года, которые подчеркивают демократический характер
государства,
обязанности
государства
обеспечивать
условия для достойной жизни граждан, а также укрепление
прав и свобод человека.
Constitution plays a crucial role in the life of a country. First of all, it is necessary to
understand the concept of the Constitution and its meaning. In any country, this basic law
has supreme legal force and is a normative legal document. The constitution forms the
legal foundation for the existence of the state, ensuring the achievement of all its goals and
achievements.
The term "constitution" comes from the Latin word "constitutio", which means
"structure". In the context of the state, it means a set of laws and principles that define the
structure of the state, the powers and functioning of the authorities, the procedures for
forming the government, the electoral system, the rights and freedoms of citizens, the
mutual relations between society and the state, and the judicial system.
The term "constitution" has ancient roots. For example, in ancient Rome there were
the "Rings of Temur" of Amir Temur. Civilisations of the East and Asia also had their own
specific constitutional documents, often based on Sharia law, which strongly influenced
the destinies of the peoples of Central Asia.
The creation of Uzbekistan's constitution is the result of a long journey to
independence. This process was based on thousands of years of national statehood,
including the ancient traditions of Khorezm and Sogdiana, the Karakhanids, the
Khorezmshahs, Amir Temur and the Timurids, as well as the Uzbek khans. The
Constitution reflects the historical traditions and the aspiration of our people to
independence, which has remained an important goal throughout the centuries.
In drafting the Constitution, Uzbekistan took into account the experience of
developed countries in Europe, Asia and the United States of America. The first process of
drafting, discussing and adopting the constitution of sovereign Uzbekistan was complex,
and every citizen should understand the importance and complexity of these processes.
It is particularly important to note that the constitution-making process was an
organic part of the struggle for independence. One of the first steps was to give Uzbek the
status of the State language. This happened on 21 October 1989, after heated debates and
arguments. This event was an unforgettable moment in the political and spiritual life of the
country and symbolises one of the brightest pages in the history of Uzbekistan's
independence, reflecting national values and achievements.
Жамият
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Общество
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Society and innovations
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Thus, the Constitution, as the supreme legal document, plays a key role in the life of
the country. It provides a solid legal foundation for the independence and achievements of
the State, guides its governance, guarantees the rights and freedoms of citizens and
regulates the relationship between the State and society. The history and development of
Uzbekistan's constitution testify to the people's long struggle for independence and their
commitment to preserving national values and traditions.
"It has been very correctly said that a person who does not know his native language,
does not know his history, origin, genealogy, has no future, and one who does not know his
language does not know his culture. Every nation, big or small, respects its native
language."
The first president's works "Uzbekistan on the Threshold of Independence" and
"High Spirituality - Indomitable Power" separately highlight the complex situations and
irreconcilable disputes on the issue of granting Uzbek language the status of the state
language on the eve of independence. In such fragile and difficult circumstances, as Islam
Karimov rightly remarked: "Working, thinking and reasoning with all our might, we have
managed to find the only correct path that satisfies the demands of all political and social
groups and, most importantly, meets the interests of our people and our Motherland."
Thus, the important legal provisions first enshrined in the Law "On the State Language"
have now been incorporated into our basic law: "The state language of the Republic of
Uzbekistan is Uzbek."
One of the most important steps towards the creation of the Constitution was the
proclamation of the "Declaration of Independence". Paragraph 8 of the "Declaration of
Independence", proclaimed by the Supreme Soviet of Uzbekistan on 20 June 1990, states
that "the Uzbek SSR determines its path of development, its name, and establishes its State
symbols: coat of arms, flag, and anthem. Paragraph 12 of this declaration states that this
document should become the basis for the elaboration of a new Constitution of the
Republic. Uzbekistan was thus the first country in the former Soviet Union to adopt such a
document.
On 21 June 1990, by a decision of the Oliy Kengash, chaired by the first President of
Uzbekistan, Islam Karimov, a 64-member Constitutional Commission was established,
comprising statesmen, deputies, experts and a drafting commission. This commission
worked on the preparation of the Constitution for more than two years.
The first President, as an outstanding statesman, public figure and talented political
leader, directly supervised the preparation of the main draft law. The Constitution drafted
under his leadership fully complies with international standards, takes into account the
world experience, achievements of democracy and constitutional legislation of the most
developed countries.
One of the most significant and important steps on the way to the creation of the
Constitution was the proclamation of the independence of the State. On 31 August 1991, at
the extraordinary sixth session of the twelfth convocation of the Supreme Soviet of the
Republic of Uzbekistan, the first President of our country delivered a speech. His fiery
words attracted special attention: "I propose to declare 1 September as the Day of
Independence of our Republic, a bank holiday from today". These words are forever
inscribed in the history of our country in golden letters.
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On 8 December 1992, after the deputies of the Parliament discussed the draft of the
first Constitution article by article and made a number of amendments, it was adopted by
the General Assembly. Since that day, 8 December has been declared a national holiday.
Thus, the proclamation of Uzbekistan's independence on 31 August and the
adoption of the first Constitution on 8 December were important milestones on the way to
the creation of a new, sovereign State. These events laid a solid legal foundation for our
independence.
The first Constitution of independent Uzbekistan provided reliable legal guarantees
for the formation and consolidation of a new independent society. Naturally, with the
development of society, new relations require new laws, and the process of building a new
Uzbekistan required updating the basic law. The law means, first and foremost, the
Constitution.
The new version of the Constitution of the Republic of Uzbekistan entered into force
on 1 May 2023. The basis for this was the adoption of the relevant law, consisting of 11
articles, following a referendum held on 30 April. As a result of these changes, the number
of articles in the Constitution increased from 128 to 155 and the total number of norms
from 275 to 434. Overall, according to the estimates of legal and political analysts, the
Constitution has been updated by 65 per cent.
Since 1992, the Constitution of Uzbekistan has undergone 15 amendments due to
the need to adapt to new conditions and the needs of society. The updates have led to a
significant expansion and clarification of legal norms, which ensures that the basic law is
now in line with the realities and challenges of the time.
Here are some examples:
1. In Article 1 of the Constitution, the phrase "Uzbekistan is a sovereign democratic
republic" has been replaced by "Uzbekistan is a sovereign, democratic, law-based, social
and secular state with a republican form of government". This change underscores the
State's commitment to creating conditions for a decent life for every citizen, including the
distribution of resources based on the principles of social justice, the provision of quality
education and health care for all, effective social protection programmes, support for
citizens with disabilities and fair labour legislation.
2. As a social State, Uzbekistan has undertaken to create conditions for a decent life
for every citizen. This includes distribution of available resources on the basis of the
principles of social justice, avoidance of strong stratification in society, guarantee of quality
education and medicine for all, effective social protection programmes, support for
citizens with disabilities, fair labour legislation and an attractive pension system. Simply
put, even children from the poorest families should have the opportunity to grow up
healthy, receive a good education and achieve prosperity.
3. In the secular state of Uzbekistan, religion is separated from the state. The state
maintains strict neutrality in matters of faith and religious organisations, ensuring equal
relations with all religious denominations.
4. Article 20 of the new Constitution stipulates that all contradictions and
ambiguities in the law arising in the relationship between the individual and the state
authorities shall be interpreted in favour of the individual. This means that in the event of
a conflict over matters not clearly defined in the law, the decision will be in favour of the
individual and not the State. This also extends to cases of errors or omissions on the part
of state bodies in the retention of various documents.
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These changes demonstrate Uzbekistan's commitment to the principles of
democracy, social justice and the rule of law, protecting the rights and freedoms of citizens
and strengthening the legal framework of an independent society.
In the previous Constitution, the issue of the restriction of rights and freedoms was
regulated by two norms. The new version of the Constitution retains these two norms
virtually unchanged, but adds a new norm with the following content: human rights and
freedoms may be restricted only in accordance with the law and only to the extent
necessary to protect the constitutional order, public health, social morality, the rights and
freedoms of others, public security and public order.
Teachers have been given special recognition in the new Constitution and an article
dedicated to teachers has been added. It consists of two parts:
- Teachers are recognised in Uzbekistan as the basis for the development of society
and the State, for the formation of a healthy and mature generation, and for the spiritual
and cultural potential of the people.
- The State undertakes to protect the honour and dignity of teachers, to ensure their
social and material well-being, and to promote their professional development.
Thus, for the first time, teachers were separately recognised in the law as important
figures in society.
A chapter on "Mass Media" was also introduced in the new Constitution. Previously,
the Constitution contained only one article on this subject. Now this chapter consists of
Articles 81 and 82:
"Article 81.
The mass media shall be free and shall act in accordance with the law.
The State shall guarantee the freedom of activity of the mass media and their
realisation of the right to seek, receive, use and disseminate information.
The mass media shall be responsible for the accuracy of the information they
provide."
Article 82.
Censorship shall not be permitted.
Obstruction of or interference in the activities of the mass media shall entail liability
in accordance with the law."
The new Constitution serves as an essential legal basis for the comprehensive
regulation of all aspects of society and the democratic development of the country. It
promotes the development of all spheres, including a more effective organisation of State
power.
In addition, the Strategy of Action drawn up based on the Constitution has laid the
foundation for a new stage in the development of the state and society. President Shavkat
Mirziyoyev is carrying out large-scale reforms to create a New Uzbekistan. The General
Council plays an important role in the implementation of this strategy, as all areas of the
New Uzbekistan strategy are closely linked to the activities of local authorities.
The strategy is oriented towards ensuring justice and the rule of law, which is a basic
and necessary condition for building a populist State and ensuring human dignity.
In conclusion, it should be noted that our Constitution, adopted based on a
referendum, according to President Shavkat Mirziyoyev, is an expression of the will of our
people and a true people's Constitution. Every citizen of our country can proudly say: "The
Constitution of the New Uzbekistan is my Constitution".
