5
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
02
Pages:
5-14
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
ABSTRACT
The article discusses the principle of rule of law, scientific approaches towards it, theory and international norms on
rule of law. It focuses on guaranteeing human rights through implementation of rule of law principle. Special attention
is given to the practice of Uzbekistan, its reforms in human rights sphere in recent years, national mechanisms in
providing human rights and implementing rule of law in the country. A number of national laws were analyzed in terms
of legal establishment of the rule of law principle, initiatives and the position of the country in international arena was
reviewed. It attempts to make several proposals to address a number of problematic issues on this matter.
KEYWORDS
Rule of law, rule by law, human rights, ranking, legislation, law enforcement, judicial reforms, enhanced access to
justice.
Research Article
RULE OF LAW AS A MAIN TOOL OF ENSURING HUMAN RIGHTS: THE
EXAMPLE OF UZBEKISTAN
Submission Date:
February 05, 2022,
Accepted Date:
February 15, 2022,
Published Date:
February 25, 2022
|
Crossref doi:
https://doi.org/10.37547/tajpslc/Volume04Issue02-02
Dr. Jarosław Turłukowski
Head of the Center for Research on the Law of Eastern Europe and Central Asia at the Faculty of Law and
Administration, University of Warsaw, Assistant professor at the Commercial Law Department, Faculty of
Law and Administration, University of Warsaw, Uzbekistan
Shahnoza Almosova
Lecturer, Tashkent State University of Law, The Department of International law and Human rights,
Uzbekistan
Umida Sherkhanova
Lecturer, Tashkent State University of Law, The Department of International law and Human rights,
Tashkent, Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
6
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
02
Pages:
5-14
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
INTRODUCTION
The rule of law is a uniquely abstract idea based on
philosophical and ethical concepts. One of its main
tenants is that all people, whether at the lowest level
of citizenship, whether at the highest, sovereign or
government ruler, are all equal before the law. This
means that no one is above the law and everyone
should be equally treated under the same laws
everywhere since they have the same rights,
regardless of one’s position in society or the local
community.
While the concept of "rule of law" is being introduced
in legal systems of many countries around the world,
the importance of this natural law concept is gaining
more attention by authorities. Until recently, most part
of government officials, including legal expertise were
confused “rule of law” concept with “supremacy of
the law”, i.e. they had no idea on distinction between
them.
“Supremacy of the law” means rule of legal acts, i.e.
written norms whereas rule of law refers to rule of
fundamental rights of human being
1
. Sometimes,
“supremacy of the law” is interchanged with “Rule by
Law”, a concept that finds the governing authority to
be somehow above the law, and has the power to
create and execute law convenient for them which has
effect on larger freedoms of people. To put in brief,
rule by law is a method that authorities use their rule-
making right to shape the behavior of people, it usually
has the end goal of psychologically or forcefully
persuading people to agree with policy decisions.
1
GAFUROVA N., ALMOSOVA SH. PRACTICAL ASPECTS OF
THE CONCEPT OF THE RULE OF LAW // Юрист
ахборотномаси – Вестник юриста – Lawyer herald. № 6
(2021) P. 84-91.
Now it is irrefutable that the concept of “The rule of
law” embraces human rights principles. As it is stated
in the preamble of the Universal Declaration of Human
Rights (1948) that the best way to protect human
rights is through the rule of law, even though this
concept does not have anything to say about what
laws contain but it requires that laws and legal
processes are accessible, clear, able to be followed,
and fair so that all people are equal before the law. To
date, however, the relationship between rule of law
and human rights is not covered fully in scientific works
and was paid relatively little attention to. Neither the
International Covenant on Civil and Political Rights, nor
International Covenant on Economic, Social and
Cultural Rights, the other two main pillars of the
“international bill of rights,” mentions rule of law. Nor
do most other early rights treaties, general assembly
statements or committee reports or comments appeal
to rule of law, references to rule of law now regularly
appear in general assembly resolutions, committee
reports, regional workshop platforms and other
human rights instruments though.
2
Despite limited empirical evidence which supports the
assertion that rule of law leads to more rights and
wellbeing, “Rule of law” is associated with key
determinants in rights performance such as economic
development, good governance, democracy and
political stability. This already means that rule of law is
one of the prerequisites for better performance of
human rights measures and other indicators of
wellbeing, promoting human rights entails promoting
rule of law as well. As Sergio Vieira de Mello, U.N.
2
Peerenboom, Randall. (2005). Human Rights and Rule of
Law: What's the Relationship?. Georgetown Journal of
International Law. p-36.
7
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Human Rights Commissioner suggested, rule of law
will be a “touchstone for us in spreading the culture of
human rights”
3
.
MAIN PART
The rule of law is a system in which the separation of
the legislative, executive and judicial branches of
government guarantees the freedom of each and
every one of us. Citizens must be able to enforce their
rights where necessary, and access to an independent
and competent court is crucial in this respect. It must
not be possible to dismiss judges if they hand down a
ruling which displeases the executive.
4
Gafurova N.E. asserts that оne of the main
contradictions in modern social development lies
precisely in the fact that, having de jure proclaimed a
legal state, but de facto refusing to abide by law, the
state develops along a vector leading to its collapse
5
.
She suggests that the concept of the rule of law implies
that rules should be published, stable and predictable
in their application. An important requirement is the
accessibility of the justice system and its independence
from the executive and legislative branches of
government.
It is widely accepted that rule of law has close
relationship with democracy and good governance.
However, according to Randall Peerenboom, rule of
law and liberal democracy do not need to go hand in
3
Peerenboom, Randall. (2005). Human Rights and Rule of
Law: What's the Relationship?. Georgetown Journal of
International Law. p-4.
4
Аллаберганова Н., Камалова Д. Процессуальные
гарантии адвоката //Общество и инновации. – 2021. – Т. 2.
– №. 4/S. – С. 63-68.
5
Гафурова
Н.
ВЕРХОВЕНСТВО
ПРАВА
КАК
УНИВЕРСАЛЬНЫЙ
ПРИНЦИП
ОБЕСПЕЧЕНИЯ
ПРАВ
hand. He states: “Rule of law is possible in non-
democratic states, and in democratic but non-liberal
states. As rule of law is a matter of degree, rather than
a dichotomous variable, significant legal reforms that
enhance rule of law are possible in non-democratic
states.”
6
Geert Corstens claims that there was no
secret behind American or Western democracy and
firmly believes that ‘following the law is a matter of
custom, of habit, of widely shared understandings as
to how those in government and members of the
public should […] act when faced with a court decision
they strongly dislike.’
7
Thus, a discussion of different
approaches to defining the conditions for rule of law
enables us to take the view that to build a state
governed by the rule of law, where the law is more
than words on paper, the actions of the government
are truly related to the rule of law and citizens have the
opportunity to effectively exercise the rule of law in
courts requires time, integrity and an unceasing
commitment.
When it comes to Uzbekistan, since it was one of the
post-Soviet states, where rule of law was not familiar
to governments, where rule by law was dominated in
decision-making process which was expressed as
“supremacy of law” and it was established in every
normative act as a main principle, the concept of “rule
of law” is a new phenomenon of last decade to its legal
conceptual frame. If have a look at short history of this
ever-increasing tendency in implementation of this
concept into legal system of Uzbekistan, or the
ЧЕЛОВЕКА //Review of law sciences. – 2020. – Т. 2. – №.
Спецвыпуск.
6
Peerenboom, Randall. (2005). Human Rights and Rule of
Law: What's the Relationship?. Georgetown Journal of
International Law. 36. p-6.
7
Geert Corstens. Human Rights and the Rule of Law. CJC DL
2014/03.
P-10.
https://cadmus.eui.eu/bitstream/handle/1814/32732/CJC_DL
_%202014_03.pdf?sequence=1&isAllowed=y
8
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
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VOLUME
04
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Pages:
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SJIF
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(2020:
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(2021:
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)
OCLC
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–
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Publisher:
The USA Journals
countries of Central Asian region in a big picture, the
attitude towards the role of law as an arm of politics in
governing authorities was and is being a main obstacle
to fully realize “rule of law” concept as a value of a
perfect society and a determining indicator of
legitimacy. It is clearly seen that inherited legal system
in which strict adherence to stated law and specified
principles of due process have not become a part of the
legal cultural concepts in these countries, legal reforms
were required to involve some ideological changes as
well.
Despite the independence acquired in the beginning of
1990s and proclaimed democracy, domination of
positive law theory over natural law theory of
jurisprudence (as it was in Soviet Union law that was
rooted in pre-revolutionary Russian law and Marxism-
Leninism) continued to exist till the time when
academic circles and legal professionals gradually
started to understand that some rights can freely
emerge with just birth and exist without enforcement
by the state. It should be noted that, of course, one can
not compare the period of validity of the legislation of
the Russian Empire and the Soviet Union. It must be
agreed that even before 1917, one of the main issues
was the status and importance of judicial practice.
Moreover, the Soviet period cannot be considered as a
time of dominance of identical ideas from 1918 to 1991.
In the early period of the formation of Soviet
legislation, until the early thirties of the 20th century,
the idea of revolutionary legal consciousness was put
forward. In the so-called “Decree on the Court” №1 of
November 22 (December 5), 1917, paragraph 5 stated
that “Local courts decide cases in the name of the
Russian Republic and are guided in their decisions and
verdicts by the laws of overthrown governments only
8
Алмосова Ш. Защита прав интеллектуальной
собственности по Конституции и государственным
in so far as they have not been canceled revolution and
do not contradict the revolutionary conscience and
revolutionary sense of justice.” In fact, it was an
attempt to replace the idea of natural law with the idea
of revolutionary legal consciousness, although the
absence of clear conceptual boundaries is obvious. This
approach undoubtedly led to judicial arbitrariness. The
paradox of historical development lies in the fact that
after the practice of the 1930s, a specific hard-core
Soviet positivism took root in the Soviet system, which
attaches great importance to the formal interpretation
of the law. Such a situation could not lead to the
formation of the idea of a rule of law state and the
development of human rights in general. The citizen
had only the rights given by the state at its discretion
in the law.
This was true of human rights system, there were no
background experience and best practice. As the
centralization of power in one person or in one party
was impossible to be prevented, government was the
beneficiary of human rights, accordingly all
government officials were servants of the government
not individuals whereas Western law claimed the
opposite. It is amply illustrated by widespread
incidents of punishment by imprisonment for even
circulating materials or literature that defame the State
and social system.
8
However, recent years are impressing with high rate of
reforms in rule of law implementation and its role in
ensuring human rights protection across the country.
For instance, Uzbekistan made huge changes in rule of
law, thus ensuring and protecting human rights in the
country. In 2021 Uzbekistan ranks 85
th
out of 139
countries in the world according to World Justice
программам //Review of law sciences. – 2020. – Т. 2. – №.
Спецвыпуск.
9
Volume 04 Issue 02-2022
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(ISSN
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VOLUME
04
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Pages:
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SJIF
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(2020:
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(2021:
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952
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OCLC
–
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IF
–
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Publisher:
The USA Journals
Project Rule of Law Index 2021
9
compared to 2020
rankings, where the country was 14 positions lower. In
recent years, Uzbekistan has paid special attention to
human rights. To elaborate, in 2018, Uzbekistan held
the Asian Human Rights Forum dedicated to the 70th
anniversary of the Universal Declaration of Human
Rights, bringing together representatives of influential
international organizations, international and national
experts to discuss issues of protecting human rights
and strengthening human potential. Uzbekistan's
attention to human rights is reflected in the State
Program for the Implementation of the Action
Strategy for the Five Priority Areas of Development of
the Republic of Uzbekistan for 2017-2021, adopted by
the initiative of the President of the Republic of
Uzbekistan
10
. Uzbekistan has made great efforts in the
field of human rights. An example is ensuring freedom
of speech and freedom of the media, judicial reform,
increased attention to the rights of women, children
and youth, the complete abolition of forced and child
labor, the closure of the Jaslyk colony
11
, and ensuring
gender equality. Promotion and protection of human
rights is one of the key priorities of the state policy in
Uzbekistan.
In a short period of time, the international prestige of
Uzbekistan has risen to a new level, and its cooperation
with other countries has expanded. In particular, on
September 19, 2017, President Shavkat Mirziyoyev
9
World
Justice
Project
Rule
of
Law
Index.
https://worldjusticeproject.org/rule-of-law-
index/country/Uzbekistan (Date accessed January 16, 2022)
10
Шерханова
У.
НЕКОТОРЫЕ
ПРОБЛЕМЫ
ИМПЛЕМЕНТАЦИИ МЕЖДУНАРОДНО-ПРАВОВЫХ НОРМ
ПО ОБЕСПЕЧЕНИЮ ПРАВ ЖЕНЩИН В НАЦИОНАЛЬНОЕ
ЗАКОНОДАТЕЛЬСТВО //Review of law sciences. – 2020. – Т.
1. – №. Спецвыпуск.
11
A prison for religious and political prisoners, as well as for
those accused of anti-constitutional activities. The climate in
this area is very harsh, with extreme cold in winter and hot
proposed from the tribune of the 72nd session of the
UN General Assembly to adopt the UN International
Convention on the Rights of Youth
12
. On September 23,
2020, at the 75th session of the UN General Assembly,
the head of state addressed the world community for
the first time in his native language, focusing on human
rights, gender equality, youth rights, pandemic issues,
climate change and poverty, and once again proved
that Uzbekistan is focusing on the current world
problems.
Another important step towards radical reforms in the
field of human rights was the Decree of the President
of the Republic of Uzbekistan No. UP-6012 “On
Approval of the National Strategy of the Republic of
Uzbekistan on Human Rights” dated June 22, 2020
13
.
The purpose of the National Strategy for Human Rights
is to determine the main tasks and directions for the
implementation of state policy to ensure human rights
and freedoms in Uzbekistan. The key event for the
country was the accession of the Republic of
Uzbekistan to the UN Human Rights Council (HRC) in
October 2020. The election of Uzbekistan as a member
of the HRC is proof that the world community is fully
aware of the large-scale reforms in this area as a result
of the growing attention to human rights in the
country.
summer. After the construction of the prison, the railway
was built, it is impossible to reach by any other means, and
the area is covered with hundreds of kilometers of desert.
12
Speech of President Shavkat Mirziyoyev at the 46th
session of the UN Human Rights Council. 22.02.2021
https://president.uz/oz/lists/view/4179
(Date
accessed
January 14, 2022)
13
Decree of the President of the Republic of Uzbekistan No.
UP-6012 “On Approval of the National Strategy of the
Republic of Uzbekistan on Human Rights.” 22.06.2020.
https://lex.uz/docs/4872357
10
Volume 04 Issue 02-2022
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VOLUME
04
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Pages:
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SJIF
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(2020:
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(2021:
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952
)
OCLC
–
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METADATA
IF
–
7.659
Publisher:
The USA Journals
Since the area of Rule of Law includes strengthening
legislation to respect human rights on a national level,
Uzbekistan shows significant changes in providing
better life and ending violence. In recent years, in
accordance with the purposes and principles of the
Universal Declaration of Human Rights, a number of
legal acts for the protection of human rights have been
adopted. Decree of the President of the Republic of
Uzbekistan dated April 22, 2019 No. PP-4296 “On
additional measures to further strengthen the
guarantees of the rights of the child” introduced the
position of the Commissioner for the Rights of the
Child (Ombudsman)
14
. This, in turn, guaranteed ending
child labor, which was practiced in the country for
more than 25 years. On February 22, 2021, the President
of the Republic of Uzbekistan Shavkat Mirziyoyev
made a speech at the 46th session of the UN Human
Rights Council. The President stated that, along with
the issues of ensuring gender equality, the rights of
youth and the development of education, Uzbekistan
pays attention to ensuring the rights of persons with
disabilities
15
. In particular, the president said that the
Parliament of Uzbekistan would soon ratify the
Convention on the Rights of Persons with Disabilities
and proposed the creation of a Regional Council for
people with disabilities in order to fully realize their
potential. Accordingly, on June 7, 2021 Uzbekistan
ratified and became a party to this Convention. This
proves that the issue of ensuring the rights of people
with special needs is extremely important for
Uzbekistan, which is also one of the goals in the United
14
Decree of the President of the Republic of Uzbekistan No.
PP-4296 “On additional measures to further strengthen the
guarantees of the rights of the child” dated April 22, 2019
https://lex.uz/docs/4302031
15
Speech of President Shavkat Mirziyoyev at the 46th
session of the UN Human Rights Council. 22.02.2021
https://president.uz/oz/lists/view/4179
(Date
accessed
January 14, 2022)
Nations Sustainable Development Goals - goal number
10 "Reducing inequality".
Ensuring gender equality and empowering all women
and girls is the fifth goal in the SDGs. It is worth noting
that Uzbekistan has paid special attention to gender
equality in the country in recent years. In particular, the
Laws of the Republic of Uzbekistan dated September
2, 2019 “On the protection of women from harassment
and violence”
16
and “On guarantees of equal rights and
opportunities for women and men”
17
. For the first time
in the national legislation of the country, the Law of the
Republic of Uzbekistan “On Guarantees of Equal
Rights and Opportunities for Women and Men”
introduced the definitions of “direct discrimination on
the basis of sex” and “indirect discrimination on the
basis of sex”. Article 3 of the Law defines the concept
of "gender", according to which gender is a social
aspect of the relationship between women and men in
all spheres of life and activity, including politics,
economics, law, ideology and culture, education and
science. It should be noted that when the word
"gender" is used in social relations, it is often seen as
synonymous with the word "women". The word
gender refers to both sexes and applies equally to both
men and women. Equality between men and women is
one of the main factors in the development of
democracy. The law also emphasizes the equality of
women and men in family relations, strengthens the
principles of voluntary marriage of men and women,
the equality of personal and property rights and duties
16
Law of the Republic of Uzbekistan No. ZRU-561 "On the
protection of women from harassment and violence" dated
September 2, 2019. https://lex.uz/docs/4494712
17
Law of the Republic of Uzbekistan No. ZRU-562 “On
Guarantees of Equal Rights and Opportunities for Women
and
Men”
dated
September
2,
2019.
11
Volume 04 Issue 02-2022
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VOLUME
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SJIF
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OCLC
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Publisher:
The USA Journals
of husband and wife, the equality of responsibilities of
women and men in the field of domestic work, child
care, and strengthens the principle of non-compulsory
marriage, and also prevent early marriage. In addition,
in 2021, a Dialogue of Women Leaders of the Central
Asian Countries and a Regional Women's Business
Forum were held.
The words of the law, the words enshrining human
rights in the law, acquire practical meaning and
become legally enforceable only if there is a proper
government structure, including an independent
judiciary, to ensure the rule of law. Uzbekistan
launched
several
projects
with
international
organizations and other foreign partners. For instance,
the USAID-funded Rule of Law Partnership Project
focuses on improving judicial system in the country,
mainly aiming to transform courts to the div, which
ensures and protects citizen’s main rights
18
. Launched
E-SUD project helped citizens of Uzbekistan, especially
to those who live in remote areas, to access courts
easily with the help of websites and other online
platforms. Moreover, with the help of the project
citizens are able to approach Tashkent State University
of Law’s Legal Clinic for free legal service.
Final yet important aspect of existing judiciary system,
the exchange of information with ministries and
agencies in the course of court proceedings is carried
out mainly in paper form. The existence of such a
procedure in itself requires more time for a final
decision on the case, preventing the courts from
resolving disputes more quickly and causing an
18
Rule
of
Law
Partnership
in
Uzbekistan.
https://www.usaid.gov/uzbekistan/fact-sheets/rule-law-
partnership-uzbekistan (Date accessed January 15, 2022)
19
Qodiraliyev S. PECULIARITIES OF THE INTRODUCTION OF
MODERN
INFORMATION
AND
COMMUNICATION
increase in the volume of cases pending before the
court. As a result of future digitization of the courts,
the range of interactive e-services provided to citizens
and entrepreneurs will be expanded, online
monitoring of each appeal process will be provided,
free access to interactive services will be introduced in
courtrooms, as well as openness and transparency of
the judiciary special information programs will be
introduced, the decision provides for the expansion of
the range of interactive services provided by the courts
to citizens and entrepreneurs.
19
It is worth noting that in 2020 Uzbekistan adopted the
law “On Citizenship of the Republic of Uzbekistan
"
in
new version. This provided stateless persons to get a
citizenship of Uzbekistan and fully enjoy their political
rights. As a result, more than 50 thousand people
residing were provided citizenship of Uzbekistan.
20
In addition to all above-mentioned, national
mechanism on rule of law in the country has taken
another important step in 2021. With the Decree of the
President of the Republic of Uzbekistan the
government introduced Rule of Law Index of the
Regions. In this case, the Rule of Law Index of the
Regions is determined on the basis of statistical
indicators and the results of public opinion polls in the
following areas:
Compliance with the legislation;
Ensuring the rights and freedoms of citizens;
Justice and enforcement of court decisions;
Law enforcement and security;
TECHNOLOGIES IN THE COURTS //Conference Zone. – 2021.
– С. 44-48.
20
Judicial and Legal Reform in Uzbekistan: 10 Important
Steps in 2020. https://www.un.int/uzbekistan/news/judicial-
and-legal-reform-uzbekistan-10-important-steps-2020 (Date
accessed January 16, 2022)
12
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SJIF
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952
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OCLC
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IF
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Publisher:
The USA Journals
Effective control over the activities of local
executive bodies;
Effectiveness of anti-corruption measures;
Transparency of government institutions
21
.
In spite of the reforms made and various legal acts
adopted in human rights protection system and in
increasing the role of “rule of law” principle in all
spheres of governing activity, there are also some
problematic issues, which are waiting to be dealt with.
Firstly, the introduction of human rights principles and
the supremacy of “rule of law” principle in ensuring
them into legislation does not solely mean that the
state is “human rights friendly”, as the system of
human rights protection is preferably evaluated by
their enforcement in practice. Thus, the authors of this
article take the position that, enforcement system
should not be neglected when reforms are directed to.
Furthermore, activities of the governmental bodies
which work on the above-mentioned areas indicated in
the government introduced Rule of Law Index of the
Regions are not transparent and open. Statistical data
on Rule of Law Index in the country is not provided in
an open access to citizens. Since the statistics
gathering process and public surveys do not fully cover
whole population, and target groups remain narrow,
there is a doubt in objectiveness of this statistical data.
This may open a door to suspects that government
officials still tend to make falsifications in providing
reports to international organizations. This may lead to
create artificial image of the country in international
arena. In turn, the proposal would be to provide an
21
Decree of the President of the Republic of Uzbekistan No
PQ4951 “On Measures to Introduce an Effective Mechanism
to Determine the Rule of Law Enforcement in the Republic
of Uzbekistan. 14.01.2021. https://lex.uz/docs/-5220631
open access to criteria of conducting public surveys
within the projects on rule of law sub-factors.
Moreover, even though Uzbekistan made huge
changes in 2021, ranking in 85
th
position out of 139
countries in the world in WJP Rule of Law Index, the
country’s position in the Easter Europe and Central
Asian region is relatively lower, indicating 10
th
place out
of 14
22
. When it comes to Central Asian states,
Uzbekistan steps aside for Kazakhstan. Along with
developed states’ practice of implementation of rule of
law principle and its role in ensuring human rights, it is
suggested Uzbekistan analyze the practice of
neighboring countries as well.
CONCLUSION
All human beings have the right to be treated with
dignity and respect. The key to ensuring that people
are treated with dignity and respect is the full
enjoyment of human rights, and their protection is the
rule of human rights. The rule of human rights can be
reached by provision of rule of law principle, it means
that they are interrelated and without of its absence
the other’s existence is impossible.
As for Uzbekistan’s practice of rule of law principle in
guaranteeing
human
rights,
mentioning
the
importance of responsibility for the rule of law and
human rights violations is essential to prevent crime,
conflict and violence, to build and maintain peace, and
to achieve inclusive development, the legal
establishment of norms referring to protect human
rights and to set up rule of law principle in activities of
governing bodies is not enough. The harm of
22
World
Justice
Project
Rule
of
Law
Index.
https://worldjusticeproject.org/rule-of-law-
index/country/Uzbekistan (Date accessed January 16, 2022)
13
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
02
Pages:
5-14
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
lawlessness is evident all over the world: impunity for
injustice and crime, conflicts for neglected complaints,
and oppressive, unaccountable governance. We have a
system of governance in which all responsible persons,
institutions and organizations, public or private, are
accountable to the public for public procurement,
equal enforcement, independent decision-making and
compliance with international human rights norms and
standards.
Uzbekistan is making significant efforts to meet these
standards. While much have been done to ensure the
fairness of economic, social and cultural rights, there
are some matters remaining unsolved. There are
persistent gaps in access to justice, especially for those
who have been discriminated against. Many
government decision-making processes remain vague
and non-participatory, hampering people’s ability to
demand and hold accountable. Much remains to be
done to ensure that economic, social and cultural
rights are legally claimed and resolved. Corruption is a
major threat to the entire society, including the
judiciary and law enforcement.
All points mentioned make clear that Uzbekistan is in
transitional period to really democratic state where
human rights are a chief principle of state policy and
rule of law is a value in legal culture.
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The American Journal of Political Science Law and Criminology
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