The American Journal of Political Science Law and Criminology
60
https://www.theamericanjournals.com/index.php/tajpslc
TYPE
Original Research
PAGE NO.
60-62
10.37547/tajpslc/Volume07Issue06-11
OPEN ACCESS
SUBMITED
27 April 2025
ACCEPTED
23 May 2025
PUBLISHED
25 June 2025
VOLUME
Vol.07 Issue06 2025
CITATION
Juraev Javohir Ulugbekovich. (2025). Constitutional foundations of legal
regulation of judges’ labor in the republic of Uzbekistan. The American
Journal of Political Science Law and Criminology, 7(06), 60
–
62.
https://doi.org/10.37547/tajpslc/Volume07Issue06-11
COPYRIGHT
© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.
Constitutional foundations
of legal regulation of judges'
labor in the republic of
Uzbekistan
Juraev Javohir Ulugbekovich
Independent Researcher at the Tashkent State University of Law,
Uzbekistan
Abstract:
This article examines topical issues concerning
the constitutional foundations of legal regulation of
judges' labor in the Republic of Uzbekistan.
The principles and guarantees of judges' labor enshrined
in the Constitution are identified and analyzed.
Keywords:
Judge, judges' labor, constitutional
foundations,
labor-legal
status,
constitutional
principles.
Introduction:
The legal regulation of judges' labor
relations represents one of the most complex and
controversial problems of contemporary labor law. The
special constitutional-legal status of the judicial corps
creates a unique situation in which classical institutions
of labor law require substantial adaptation to ensure
the principle of judicial independence enshrined in
Article 130 of the Constitution of the Republic of
Uzbekistan [1].
The question of the legal nature of judicial activity and
judges' place in the system of labor relations represents
a complex theoretical-legal problem requiring
comprehensive analysis of constitutional principles and
labor legislation.
The special status of judges enshrined in the
Constitution of the Republic of Uzbekistan creates a
unique legal construct that combines elements of
public-legal regulation with labor law institutions.
The relevance of studying the constitutional
foundations of legal regulation of judges' labor is
determined by the necessity of creating an effective
system of guarantees for judicial independence while
simultaneously ensuring the social-labor rights of
persons administering justice. The Constitution of the
Republic of Uzbekistan, adopted in 2023, lays
The American Journal of Political Science Law and Criminology
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The American Journal of Political Science Law and Criminology
fundamental groundwork for the formation of a special
legal regime of labor relations in the judicial system.
First and foremost, it should be understood that judges
in the Republic of Uzbekistan are persons vested with
authority to administer justice in accordance with law.
Accordingly, all judges in the Republic of Uzbekistan
possess unified status [2].
The principle of judicial independence enshrined in the
Constitution of the Republic of Uzbekistan directly
relates to labor law, as it determines the special nature
of judges' labor relations, excluding the possibility of
applying
traditional
mechanisms
of
worker
subordination to employer.
Speaking of judicial independence directly affecting
labor relations, we need to highlight several important
aspects.
1. Functional Independence
This aspect is enshrined in Article 136 of the
Constitution of the Republic of Uzbekistan and
presupposes that a judge in administering justice is
subject only to the Constitution and law [1]. This
creates a unique situation in labor law where an
employee
(judge)
cannot
receive
mandatory
instructions from an employer (state) regarding the
content of their work activity.
2. Procedural Independence
Procedural independence means inadmissibility of
interference in the consideration of specific cases. In
the context of labor law, this excludes the possibility of
applying disciplinary measures for judicial decisions
made, which represents a significant departure from
general principles of labor discipline. Furthermore,
Article 9 of the Law of the Republic of Uzbekistan «On
Courts» states that «any interference in judges'
activities in administering justice is inadmissible and
entails liability in accordance with law» [2].
Thus, procedural independence enshrined in the
Constitution for this category of workers not only
creates special legal relations with the employer but
also guarantees liability for persons interfering in
judges' exercise of their powers. Moreover, it is not
permitted to impose on judges any duties not related
to the administration of justice.
3. Organizational Independence
This manifests in the special procedure for
appointment, transfer, and dismissal of judges from
office, which fundamentally differs from ordinary labor
relations regulated by the Labor Code of the Republic
of Uzbekistan. Moreover, the state has delegated
corresponding functions for selection, appointment,
transfer, and dismissal of judges to specific state
bodies, one of which is the Supreme Judicial Council of
the Republic of Uzbekistan, which bears the status of a
constitutional div.
When analyzing problems regarding the labor-legal
status of judges in the Republic of Uzbekistan, we need
to determine its constitutional-legal foundations, the
fundamental base for which is formed by constitutional
norms. These norms, based on basic principles of
judicial power, subsequently find reflection in laws and
special subordinate acts regulating specific legal
relations.
Various constitutions include numerous constitutional-
legal principles; they may differ in scope and content,
yet it is still possible to identify the most general ones.
For example, E.B. Abrosimova identifies such principles
as universality of judicial protection, or free access to
justice, independence of judicial power, administration
of justice only by proper judges and appropriate courts,
existence of constitutional prohibition on establishment
of extraordinary and special courts, transparency
(publicity, openness, accessibility) of judicial activity,
people's participation in administration of justice, and
other principles [3].
In this context, it would be appropriate to pay special
attention to and analyze principles arising from the
norms of our Constitution.
The principle of judges' irremovability is a fundamental
principle and represents a specific modification of the
fundamental labor right to protection from unjustified
dismissal. Unlike ordinary labor relations where
protection from dismissal bears a relative character and
permits termination of employment contract on certain
grounds, judges' irremovability establishes absolute
protection from termination of powers without
compliance with a strictly defined procedure enshrined
in law.
From a functional standpoint, we could compare this
principle with the institution of stability of labor
relations in labor law, which is strengthened by the
supreme legal force of the Basic Law.
The institution of judges' immunity represents a
qualitatively new level of protection of labor rights,
extending beyond the framework of traditional worker
guarantees. Immunity ensures not only protection from
unlawful dismissal but also creates a comprehensive
system of protection from any forms of influence that
may affect the independence of judicial activity.
Labor legislation of Uzbekistan provides for protection
of workers from discrimination and unlawful actions of
employers; however, judges' immunity extends these
guarantees to the level of protection from any forms of
coercion or pressure, including criminal prosecution
without compliance with special procedure.
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The American Journal of Political Science Law and Criminology
International practice confirms the possibility of
considering judges as special subjects of labor law. The
European Charter on the Status of Judges,
recommendations of the Council of Europe, and
practice of European states testify that the special
status of judges does not exclude application of labor
guarantees but, on the contrary, requires their
strengthening.
In legal systems of developed states, judges are
considered as employees with special status, which
ensures them enhanced protection of labor rights for
the purpose of guaranteeing independence of justice.
For instance, the Basic Law of the Federal Republic of
Germany (Grundgesetz) in Article 97 establishes the
principle of judicial independence, which has been
developed in the Judges Act (Deutsches Richtergesetz).
The German model is characterized by clear separation
of judges' service relations and labor relations in the
private sector [4].
The Constitution of the French Republic of 1958 in
Article 64 proclaims independence of judicial power
and establishes that the President of the Republic is
the guarantor of judicial independence. The Organic
Law on the Status of Magistracy details constitutional
principles as applied to judges' labor relations [5].
A peculiarity of the French model is the creation of the
High Council of the Judiciary as a constitutional div
ensuring judges' independence in matters of
appointment, career advancement, and disciplinary
liability. This creates an autonomous system of judicial
personnel management, excluding application of
general labor law norms.
The U.S. Constitution does not contain direct norms on
judges' labor relations; however, Article III, Section 1,
establishing that federal judges hold their offices
«during good behavior», creates a unique system of
lifetime appointment excluding application of ordinary
labor standards.
The main problem of contemporary legal regulation is
the absence of clear definition of the legal nature of
relations between the state and judge. Current
legislation of the Republic of Uzbekistan does not
provide an unambiguous answer to the question of
whether these relations are labor relations in the
classical sense or represent a special type of public-
legal relations.
However, judges in Uzbekistan, in our view, should be
classified among special subjects of labor law, which is
confirmed by Article 11 of the Labor Code of the
Republic of Uzbekistan and Article 86 of the Law of the
Republic of Uzbekistan «On Courts», which state that
labor legislation extends to judges in parts of relations
not regulated by court legislation.
Nevertheless, the necessity of constitutional and
legislative consolidation of peculiarities of judges' legal
status is determined by the need to create a stable and
effective system of legal regulation that will ensure
balance between requirements of justice independence
and principles of labor law.
Thus, constitutional regulation of judges' status as
special subjects of labor law is necessary for:
a) establishing basic principles of independence and
irremovability of judges;
b) determining special procedure for appointment and
dismissal from office;
c) consolidating a system of material and social
guarantees;
d) creating legal foundations for detailed regulation in
sectoral legislation.
REFERENCES
Constitution of the Republic of Uzbekistan. (National
Database
of
Legislation,
01.05.2023,
No.
03/23/837/0241).
Law of the Republic of Uzbekistan «On Courts».
(National Database of Legislation, 29.07.2021, No.
03/21/703/0723; 02.03.2024, No. 03/24/917/0170;
14.08.2024, No. 03/24/943/0616; 21.09.2024, No.
03/24/963/0735; 29.01.2025, No. 03/25/1022/0083).
Abrosimova E.B. Constitutional Foundations of Judicial
Power in Foreign Countries. Pp. 26-27.
