The USA Journals Volume 03 Issue 12-2021
105
The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
December 30, 2021 |
Pages:
105-112
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-16
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‘
ABSTRACT
Migration is a multidimensional process, and different countries face different regulatory challenges
with regard to migration. The legal policy of the state in the sphere of migration is established under
the influence of one or more factors. Adoption of legal norms in legislation, such as the imposition of
prohibitions or granting benefits for migrants, providing incentives or imposing limits for specific
groups of people is to be noted in particular. The establishment of the regulatory framework in this
area is based on state policy in the sphere of migration. The regulationof migration in Uzbekistan today
differs significantly from that in the early days of our independence. The article analyses the
implemented reforms in the field of migration by direction in the framework of the Action Strategy for
the five priority areas of development of the Republic of Uzbekistan, identifies relevant problems and
proposes solutions.
KEYWORDS
Migration, Migration Policy, Passport System, Citizenship, Registration System, External Labor
Migration, International Relations And Agreements.
INTRODUCTION
Human migration is characterized by dynamic
development and is a social legal relationship
that requires legal regulation. Almost every
country in the world is involved in the
migration process, whether voluntarily or
involuntarily, and Uzbekistan is no exception.
Legal Policy Of Uzbekistan In The Field Of Migration
Sakhipjamal Djalgasovna Djoldasova
Doctor Of Philosophy (PhD) In Law, Assistant Professor, Independent Researcher Of The
Academy Of The Ministry Of Internal Affairs 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.
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The
nationwide
movement
“Yuksalish”
conducted an expert survey to determine the
most effective reforms that have contributed
to significant changes in the country over the
past five years, as a result President Shavkat
Mirziyoyev’s 15 historically significant reforms
have been formed. Two of these reforms,
recognized by experts, are in the field of
migration. In particular, noted the introduction
of the procedure for granting citizenship to
persons who have been permanently residing
in Uzbekistan for 15 years, as part of the
development of tourism, the introduction of a
visa-free regime for 90 countries and visa-free
transit regime for citizens of 48 countries [1].
The state policy of Uzbekistan in the field of
migration can be reflected in the following
areas.
Improvement of the passport system
In particular, efforts are currently underway to
replace blank biometric passports with identity
cards in order to modernize the passport
system and bring it in line with international
standards and trends.
From 2021, on the basis of the existing
infrastructure of the republican biometric
passport system (by Decree of the President,
No. PD-4079 dated December 26, 2018), a
system of identifying IDcards will be used
instead of biometric passports of 2011 [2].The
introduction of identifying IDcards in most
developed foreign nations (Austria, the United
States, Belgium, Germany, South Korea,
Malaysia, Ukraine, Singapore, Kazakhstan,
Kyrgyzstan, and India) demonstrates a positive
result.
Introduction of identification IDcards in
Uzbekistan
helps
to
have
a
unique
identification number of each person, with
regard to the citizens of the Republic of
Uzbekistan, permanently residing stateless
persons and foreign nationals. In addition, this
helps to have an identification that contains
their personal information and can be used to
identify an individual when using public
services
(Registration
of
ID
cards),
introduction of a single system of digital
identification, wide introduction of innovative
technologies in various sectors of the
economy, social security of the population,
effective use of primary data on individuals for
information cooperation between different
accounting systems of government agencies
and organizations.
Improving the procedures for entry to and
exit from the country, being on the territory
of and movement in the country, and
registration of citizenship
.
This is directly related to the right to freedom
of movement. This right is specified in Article
28 of the Constitution of Uzbekistan, according
to which a citizen of the Republic of Uzbekistan
has the right to freedom of movement on the
territory of the Republic, as well as to free
entry to and exit from the Republic of
Uzbekistan.
In addition, foreign citizens and stateless
persons, during their stay on the territory of
the Republic of Uzbekistan, shall be
guaranteed the rights and freedoms in
accordance with the forms of the international
law (Article 23 of the Constitution)
Three important institutions are included in
this direction: the visa system, the registration
system, and citizenship institutions.
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Entry to and exit from the country (visa
system)
Procedures for foreign nationals and stateless
persons arriving in, departing from, staying in,
and transiting the Republic of Uzbekistan is
regulated by the Resolution No. 408
(November 21, 1996) of the Cabinet of
Ministers, which determines the Order of entry
to and exit from Uzbekistan of foreign citizens
and stateless persons, the Rules of stay of
foreign citizens and stateless persons in
Uzbekistan,as well as the Rules of transit of
foreign citizens and stateless persons through
the territory of Uzbekistan [3].
Furthermore,
in
accordance
with
the
Presidential Decree “On additional measures
for the accelerated development of tourism in
the Republic of Uzbekistan” (January 5, 2019,
No PD-5611) [4] and the Presidential Resolution
“On measures to accelerate the development
of the tourism industry” (January 5, 2019, No.
PR-4095) [5] approved the list of 28 categories
(types) of entry, exit and transit visas of
Uzbekistan (non-electronic) and the list of
countries whose citizens be granted a visa-free
regime in Uzbekistan (for an indefinite period -
for citizens of 85 countries, for a period not
exceeding 7 days - for citizens of the People’s
Republic of China, including the Hong Kong-the
Special Administrative Region of the People’s
Republic of China).
What is more, established a bilateral visa-free
regime with the Republic of Azerbaijan,
Georgia, the Republic of Armenia, the Republic
of Belarus, the Republic of Kazakhstan, the
Republic of Moldova, the Russian Federation,
Ukraine, the Kyrgyz Republic (up to 60 days)
and the Republic of Tajikistan (up to 30 days)
on the basis of bilateral international
agreements and equality.
Stateless persons permanently residing on the
territory of the aforementioned nations are
not eligible for the visa-free regime. The 30-day
and 60-day visa-free regimes take effect when
a foreign person crosses the state border of
the Republic of Uzbekistan, and the foreign
citizen must leave the republic before the visa
expires.
For the citizens of the People’s Republic of
China, including the Hong Kong Special
Administrative Region, a visa-free regime has
been established for a maximum of 7 days from
the date of entry into Uzbekistan through its
international airports, and for citizens of the
United Arab Emirates for 30 days (from the
date of entry).
In order to eliminate the requirement that
foreign citizens must apply to the embassies
(consulates) of Uzbekistan abroad to enter the
territory of Uzbekistan, and with purpose of
reducing the period for obtaining an entry visa,
the electronic entry visa E-VISA.UZ was
introduced, through which a foreign citizen is
issued a stay permit on the territory of
Uzbekistan for a period of up to 30 days, and it
is valid up to 90 days from the date of receipt.
Being on the territory and movement in the
country(registration system)
The procedure for registering citizens of the
Republic of Uzbekistan, foreign nationals, and
stateless persons at their permanent and
temporary residences is determined by this
legal institute. The following legislation has
been passed in this regard:
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1)
The list of categories of persons (citizens of
the Republic of Uzbekistan) subject to
permanent registration in the city of
Tashkent and Tashkent region, approved
by the Law of the Republic of Uzbekistan
(No. 296, September 14, 2011)
2)
The procedure for permanent registration
of foreign citizens and stateless persons
from other countries in the Republic of
Karakalpakstan and regions (except
Tashkent region) approved by the
Government Resolution No. 845 (October
22, 2018), the Regulation on the procedure
for registration of foreign citizens and
stateless persons at the place of
permanent residence and temporary
residence.The list of categories of persons
(foreign citizens and stateless persons)
from the Republic of Karakalpakstan and
regions (except Tashkent region) who
have the right to register at the place of
permanent residence (approved by the
Decree of the President of the Republic of
Uzbekistan dated August 28, 2018 No. PD-
3924).
Procedures
for
obtaining
citizenship
(registration of citizenship)
A number of measures are being taken to
improve the citizenship application process.
On March 13, 2020, a new edition of the Law
“On Citizenship of the Republic of Uzbekistan”
(July 2, 1992) was adopted, which specifies the
procedures for obtaining and registering
Uzbek citizenship.
In particular, the concept of citizenship of the
Republic of Uzbekistan has evolved, and its
new interpretation has touched a larger
segment of the people. In addition, for
stateless persons permanently residing in
Uzbekistan, the Institute of Recognition of
Citizenship of the Republic of Uzbekistan has
been established. The Republic of Uzbekistan
has created a simpler procedure for getting
citizenship.A letter of guarantee of citizenship
of the Republic of Uzbekistan was introduced
in particular. Requirements for sufficient
knowledge of the state language for
communication were introduced as a condition
for citizenship of the Republic of Uzbekistan.
The grounds for loss of citizenship of the
Republic of Uzbekistan have increased from
five to six, and one of them has had its criteria
amended. The system for determining Uzbek
citizenship and registering certificates of non-
citizenship in the Republic of Uzbekistan has
been developed [6].
The adoption of this Law in its new version
served to ensure that the updated and newly
introduced rules in this regard are correctly
applied in law enforcement practice and that
this legislation is uniform.
According to Department of Migration and
Registration of Citizenship of the Ministry of
Internal Affairs, 179 foreign citizens were
granted Uzbek citizenship in 2016, in 2020 this
number constituted 8,310 persons, which is 46
times more than the former. As of April 1, 2021,
3473 persons were recognized as citizens of
Uzbekistan.
Regulation of the system of external labor
migration
In accordance with Article 13 of the Law of the
Republic of Uzbekistan “On Employment of
the population”, citizens of the Republic of
Uzbekistan have the right to engage in labor
activity outside the territory of the Republic of
Uzbekistan, to seek work independentlyand
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get employed. Employment of citizens of the
Republic of Uzbekistan outside the country is
carried out by the Agency for External Labor
Migration and private employment agencies.
In this regard, the country’s migration policy
entails the systemic selection and deployment
of its citizens. On the basis of a license given by
the Ministry of Employment and Labor
Relations of the Republic of Uzbekistan, legal
organizations registered in the Republic of
Uzbekistan (private employment agencies)
select citizens of the Republic of Uzbekistan
and send them for temporary employment
abroad. Employment of citizens in an
organized manner in foreign countries, taking
into account the labor legislation of the
employer country, is carried out on the basis of
concluded agreements.
Similar agreements have been reached today
with the Russian Federation (Republic of
Tatarstan, Krasnoyarsk Krai, Rostov Oblast
Government, Astrakhan Oblast Government),
the UAE, Poland, Turkey, Bulgaria, Japan, and
Canada.
It is very important to take into account the
employer party’s requirements to the applicant
for the employment of nationals in other
countries in an organized manner (within the
framework of interstate agreements and
arrangements).
There
are
general
requirements such as knowledge of a foreign
language, non-violation of the law (non-
deportation), medical and physical health etc.
At the same time, citizens have to go through a
number of procedures (applying to the Agency
or a private employment agency, to pass the
selection on the basis of the employer's
request, conclusion of employment contract
and registration of documents, obtaining a
work visa for countries where a visa is required,
adaptation procedures before departure,
sending to work in an organized manner).
In 2019, based on the Agency for External
Labor Migration, 11 pre-departure training
centers (including 2 under the Agency and 9
under private employment agencies) were
established in the country. In 2019, 4392
citizens were trained in these centers and
employed in the required positions overseas.
Improving foreign labor force attraction
methods
Pursuant to the Law of the Republic of
Uzbekistan
“On
employment
of
the
population”, the legislation on employment
applies to citizens of the Republic of
Uzbekistan, as well as foreign citizens and
stateless persons permanently residing on the
territory of the Republic of Uzbekistan. In
addition, foreign citizens and stateless persons
are also defined as subjects of work relations in
Uzbekistan, according to Article 14 of the Labor
Code. Foreign citizens and stateless persons
permanently residing in our country are not
required to obtain a special work permit [7, 31-
38].
To achieve a differentiated immigration
strategy based on a selective approach to the
intake of foreign migrants, necessary steps are
being implemented. Experts believe that
removing barriers in hiring talented foreign
managers will result in a greater boost in GDP
than an increase in foreign investment inflows.
As a result, the requirement to obtain (extend)
permits to engage highly qualified and
qualified
foreign
specialists
has
been
eliminated in accordance with the single
method for acquiring (issued) certifications
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proving the right to work on the territory of the
Republic of Uzbekistan.
For the purpose of protecting the rights of
foreigners, and provide them with favorable
conditions to exercise their rights in
Uzbekistan, the Law of the Republic of
Uzbekistan “On the legal status of foreign
citizens and stateless persons in the Republic
of Uzbekistan”specifies the followings:
To define the concept and legal status of
foreign citizens, highly qualified and qualified
specialists;
To create a transparent and open procedure
for the passage of administrative and civil-legal
procedures by foreign citizens, as well as for
cooperation with government agencies and
other organizations in the field of labor
relations;
To provide opportunities for foreign citizens to
use public services;
To create an effective mechanism for the
protection of the rights and legitimate
interests of foreign citizens on the territory of
the Republic of Uzbekistan.
Development of international cooperation in
the field of migration
Development of international cooperation in
this area is an important direction in migration
policy of Uzbekistan. In particular, the
following measures can serve as a reliable
foundation in this regard: reduction of the
negative consequences of labor migration,
good regulation in the reception and expulsion
of migrants, employment of persons involved
in the migration process, strengthening
interstate cooperation in the regulation of
vocational training and social protection of
migrants [8, 88].
Multiple bilateral agreements and treaties
have been signed in this respect. The Council of
Heads of Migration Authorities of the CIS
Member States was established (by the
Agreement on the Establishment of the
Council of Heads of Migration Authorities of
the CIS Member States on October 5, 2007,
Dushanbe), one of the main tasks of which is to
ensure the protection of the rightsof migrants.
In addition, a number of steps have been taken
to establish Uzbek government representative
offices in foreign countries where Uzbek
citizens can visit. The governments of
Uzbekistan and the Russian Federation, in
particular, signed an agreement on the
reciprocal
opening
of
institutions
of
competent authorities in the sphere of
migration on April 5, 2017. The heads of
diplomatic missions are in charge of these
competent institutions. In Moscow, St.
Petersburg, Novosibirsk, and Rostov-on-Don,
authorized Uzbek migration offices have
opened.
Taking into consideration the aforementioned
and based on the analysis of the work carried
out in the framework of the Action Strategy on
the five priority areas of development of the
Republic of Uzbekistan, it is expedient to focus
on the following aspects in developing
migration policy in our country:
Firstly, as long as migration is ahuman rights
related issue, which exercise the right to
freedom of movement, the rights of migrants
such as social, economic, labor, housing and
other rightsmust be ensured;
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Secondly, it is necessary to clearly define the
powers and functions of state bodies
implementing state policy in the field of
migration, as well as to establish a system of
inter-agency cooperation, in order for the
functions of state bodies implementing state
policy in the field of migration to serve the
implementation of the above-mentioned types
of human rights;
Thirdly, today has come the time to develop
legislative documents in the field of
migration,so in addition to systematization and
enactment of a unified law, we should apply
comprehensive
approach
to
regulating
migration by including the following issues in
legislation and/or regulatory legal acts: basic
principles of migration, the main directions of
state policy in this area, powers of state bodies
and organizations in this regard, legal status of
subjects, the main institutions of migration
(citizens, refugees and others), administrative
procedures of state bodies in the field of
migration, templates of documents, and inter-
agency cooperation procedures.
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