The USA Journals Volume 03 Issue 12-2021
1
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 8, 2021 |
Pages:
1-5
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-01
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
The article sheds light on the Constitution of the Republic of Uzbekistan and its goals and objectives.
In particular, author emphasizes the unconditional recognition of the supremacy of the Constitution
of the Republic of Uzbekistan which has the highest legal force in the country. In the end, certain
conclusions were reached.
KEYWORDS
Constitution, Supremacy Of Universally Recognized Rules Of International Law, Constitution And Rule
Of Law, Democracy, Public Authorities And Administration, Action Strategy, Development Strategy.
INTRODUCTION
In Uzbekistan, as in any civilized country, the
main legal basis of national statehood – the
Constitution is widely celebrated every year as
a holiday. December 8, 1992 – the day of
adoption of the Constitution of the Republic of
Uzbekistan, the face of the state of the
Republic of Uzbekistan, the passport of the
state. According to the structure, the
Constitution of the Republic of Uzbekistan
consists of the preamble, 6 sections, 26
chapters and 128 articles. So far, it has been
amended 16 times.
The topic can open endless discussion as the
Constitution is multisided legal document
covering broaden scope of the life of state and
society. As can be seen from the comparison,
constitutionalism
existed
even
when
Uzbekistan was part of the former Soviet
Union. More precisely, the Constitution was
Some Comments On The Constitution Of The Republic Of
Uzbekistan: From The Action Strategy To The Development
Strategy
Murodjon Turgunov
PhD, DSc In Law, Director Of The Institute Of State And Law Of The Academy Of Sciences Of The
Republic Of 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.
The USA Journals Volume 03 Issue 12-2021
2
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 8, 2021 |
Pages:
1-5
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-01
I
MPACT
F
ACTOR
2021:
5.
952
adopted 3 times in the country at the time of
the Soviet Union:
First Constitution on March 31, 1927;
Second Constitution on February 14, 1937;
Third Constitution on April 19, 1978.
The following factors created organizational
and legal conditions for the adoption of the
Basic Law of the country - the Constitution:
The social, economic, and political tensions
that have arisen in the last days of the former
Soviet Union;
The acquisition of state independence by the
Uzbek people and the formation of a new
sovereign state on the world map - the
Republic of Uzbekistan;
The goal of the people of Uzbekistan is to build
a democratic state and civil society based on
the rule of law;
The adoption of the "Declaration of
Independence" [1] and the Constitutional Law
"On the Foundations of State Independence of
the Republic of Uzbekistan" [2].
Importantly, the Constitution was not irrigated
in the spirit of extreme ideology and
politicization. It has strengthened the
sovereignty of the state, the fundamental
rights and freedoms and duties of citizens. It
paved the way for property pluralism. In this
sense, the study and analysis of these cases
remain still scientifically important.
METHODS USED
Problem-chronological, comparative-analytical
and theoretical research methods were used
for exploring the topic.
THE MAIN PART
As each state chooses its own path of
development, it sets its most important goals
and objectives. The Constitution, adopted in
the first period of independence of our
country, also reflects the will of our people,
human rights and interests, the structure of the
state. It enshrined the guarantee of equality of
citizens of our country, regardless of gender,
race, nationality, religion, social origin, and laid
the foundation for modern democratic
development.
That is the first reason for which we respect,
glorify and study the Constitution.
In the Republic of Uzbekistan, the supremacy
of the Constitution of the Republic of
Uzbekistan is unconditionally recognized. This
means that it has the highest legal force in the
country. He is the determinant. He is a guide.
The basic principles set out in the preamble of
the Constitution, such as commitment to
human
rights
and
state
sovereignty,
understanding of high responsibility before
present and future generations, reliance on the
historical experience of Uzbek statehood,
recognition of the supremacy of universally
recognized rules of international law, are a
roadmap for our daily life and practice.
In each of his speeches, President of the
Republic of Uzbekistan Sh.M. Mirziyoyev
stresses that ensuring the rule of law is the
main criterion of a democratic state governed
by the rule of law, the documents developed
by public authorities, the actions of officials
The USA Journals Volume 03 Issue 12-2021
3
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 8, 2021 |
Pages:
1-5
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-01
I
MPACT
F
ACTOR
2021:
5.
952
must be in accordance with the Constitution
and laws.
As the Head of State outlines, there is no more
effective means of achieving the supremacy of
the Constitution and the law than public
control.
It was noted that the public and the media have
“waken up” and now are active contributors to
the process of establishing the rule of law and
counteracting its violations. For example,
building on the proposals of citizens and
deputies during the discussion of the draft
State Budget, it was decided to allocate an
additional 50 billion soums to schools, and a
moratorium on cutting trees was announced
under the influence of public opinion. This
shows that the population's sense of
responsibility and involvement in social
processes is growing.
The Head of our state emphasizes the need to
continue the work on raising the legal
awareness and culture in society, to inculcate
these skills in the upbringing of children from
childhood.
“Our Constitution should become a real code
of living standards and rules for us, fully
guaranteeing rights and freedoms, penetrating
deeply into the consciousness and heart of
every citizen”, said Shavkat Mirziyoyev [3].
The principles of humanism reflected in the
Basic Law find their practical embodiment. In
recent years, the President has signed 8
pardoning decrees, in accordance with which
over 4 thousand people were released from
the penitentiary. In general, in the last 5 years,
16 amnesty acts were issued in Uzbekistan and
4965 people were pardoned.
On the eve of this Constitutional holiday, the
President of Uzbekistan signed another similar
decree according to which 92 convicts who
sincerely repented of their crimes and
resolutely embarked on the path of recovery
were pardoned.
The closure of the “Jaslyk” penal colony was
also a practical example of humanitarian policy.
In addition, for the first time, the procedure for
payment of pensions and social insurance to
persons deprived of their liberty has been
established.
This year, as part of the humanitarian
operations Mehr-1 and Mehr-2, a group of 261
citizens, mostly women and children, was
returned to their homeland from the zone of
armed conflict. Over the past three years, a
total of 9,692 people, including 5,868 this year
alone, have been granted citizenship of
Uzbekistan [5].
Indeed, in explaining the essence of our
Constitution today it is worthy to remember
the words of the President Shavkat Mirziyoyev:
“The effectiveness of any democratic reforms,
the main guarantee of peace and development
is directly related to the Constitution and the
rule of law. The rule of law means that the
documents issued by public authorities and
administration, the actions of officials must be
in accordance with the Constitution and the
law. That is why we need to create an
environment in which all levels of personnel,
whether ministers, governors or ordinary
citizens, must know the Constitution and laws,
ensure their implementation and, above all,
strictly adhere to these rules”[6].
Another moment for reflexion. Large-scale
changes are taking place in the education
The USA Journals Volume 03 Issue 12-2021
4
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 8, 2021 |
Pages:
1-5
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-01
I
MPACT
F
ACTOR
2021:
5.
952
system as well as in inter-parties political
debates. New procedures, principles of
governance, modern structures have appeared
in the field of education, namely, preschools
built on the basis of public-private partnership,
Presidential schools, branches of advanced
foreign higher education institutions, and they
are working successfully in practice. In short, a
competitive environment is entering the
education system.
Indeed, achieving high quality efficiency in the
education system is a problem for society as a
whole. The owners of tomorrow, as long as
they are in school desks and higher education
institutions today, should be brought up as
educated,
enterprising,
open-minded,
politically vigilant, patriotic people with their
own civic position on all fronts and this task
requires high knowledge, professional skills
and competencies from teachers and support
staff.
Indeed, the Constitution of the Republic of
Uzbekistan is a guarantee of human and civil
rights and freedoms.
After the adoption of the Action Strategy, the
Constitution of the Republic of Uzbekistan was
amended 9 times [7]. It should be noted that
the amendments and additions to the
Constitution of the Republic of Uzbekistan in
recent years are directly connected with the
priorities of the Action Strategy 2017-2021.
These two documents have become a close
legal system aimed at enriching and
complementing each other. Our current efforts
are directed through "From the Strategy of
Action – to the Strategy of Development". New
Uzbekistan
Development
Strategy
concentrates on the principle of "man - society
- state" which is the basis of our work [8].
CONCLUSION
Based on the above mentioned points, the
following conclusions can be drawn:
First of all, our Constitution is a historical
political and legal document that introduced
Uzbekistan to the world as an independent
state.
Secondly, our Constitution is a truly democratic
Constitution. It is a document that embodies
universal, universal values and international
standards tested in history.
Third, our Constitution has found its place on
the world constitutional map, and it reflects
the world's constitutional experience and
achievements. That is, our Basic Law was
created based on the historical experience of
developed countries.
Fourth, the ideas and norms of our
Constitution are based on the historical roots
of the Uzbek people, which includes real
experience and spiritual values, the legal
heritage of our great ancestors.
Fifth, our Constitution has become the legal
basis for our own development.
Sixth, our experience in studying the
Constitution, that is, the system of continuous
legal education
aimed
at forming a
constitutional legal culture, is of international
importance.
Seventh, our Constitution is a symbol of
independence.
The USA Journals Volume 03 Issue 12-2021
5
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 8, 2021 |
Pages:
1-5
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-01
I
MPACT
F
ACTOR
2021:
5.
952
REFERENCES
1.
Declaration of Independence of
Uzbekistan
//
https://lex.uz/uz/docs/185391.
2.
Constitutional
Law
"On
the
Foundations of State Independence of
the Republic of Uzbekistan" // Bulletin
of the Supreme Council of the Republic
of Uzbekistan of 1991, #11, art. 246, 268.
3.
“There is hardly a better means to
secure rule of law and the Constitution
than public control”. Speech of the
President of Uzbekistan Shavkat
Mirziyoyev at the meeting in tribute to
the
27th
anniversary
of
the
Constitution of the Republic of
Uzbekistan:
https://president.uz/uz/3119.
4.
https://www.gazeta.uz/uz/2021/08/28/
afv/#!.
5.
https://tergov.uz/uz/news.
6.
“There is hardly a better means to
secure rule of law and the Constitution
than public control”. Speech of the
President of Uzbekistan Shavkat
Mirziyoyev at the meeting in tribute to
the
27th
anniversary
of
the
Constitution of the Republic of
Uzbekistan:
https://president.uz/uz/3119.
7.
The Constitution of the Republic of
Uzbekistan
https://lex.uz/uz/docs/20596.
8.
Speech of the President of Uzbekistan
Shavkat Mirziyoyev at the solemn
ceremony of inauguration of the newly
elected President of the Republic of
Uzbekistan at a joint meeting of the
Oliy
Majlis
chambers:
https://uza.uz/uz/posts/yangi-
ozbekiston-taraqqiyot-strategiyasi-
asosida-demokratik-islohotlar-yolini-
qatiy-davom-ettiramiz_318163.
