The USA Journals Volume 03 Issue 11-2021
129
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
November 30, 2021 |
Pages:
129-132
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue11-18
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
The article highlights the thoughts on the legal system of the Republic of Karakalpakstan, which is
within the Republic of Uzbekistan, the elements of the legal system and the universally recognized
principles, as well as the logical interdependence of legal events, means, processes, institutions,
organizations acting in accordance with conditions created for the free life and prosperous future of
citizens.
KEYWORDS
National Legal System, Family Of Law, State Based On The Rule Of Law, Constitutional-Legal System,
State Sovereignty, Normative-Legal Documents.
INTRODUCTION
Given the fact that the Republic of
Karakalpakstan (hereinafter, Karakalpakstan)
is a sovereign democratic republic within the
Republic
of
Uzbekistan
(hereinafter,
Uzbekistan), similar to the legal system of
Uzbekistan, the legal system of Karakalpakstan
reflects the universally recognized principles
and the interests of the people, logical
interdependence of legal events, means,
processes, institutions, , organizations acting in
accordance with conditions created for the
free life and prosperous future of citizens.
The declaration of state sovereignty of the
Republic of Uzbekistan, together with the
transformation of the country to market
economy and political and ideological pluralism
open up a wide range of opportunities for the
Distinctions Of The Legal System Of The Republic Of
Karakalpakstan
Aytmuratov Rinat Bakhytovich
Independent Researcher, Karakalpak State University, 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 11-2021
130
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
November 30, 2021 |
Pages:
129-132
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue11-18
I
MPACT
F
ACTOR
2021:
5.
952
national legal system to approach the Romano-
Germanic legal system (family) in both form
and content.
It is generally accepted that a legal family
demonstrates a broad set of national legal
systems, more or less united on the basis of the
similarity of historical formations within a
single legal framework, sources of law, leading
areas of law and legal institutions, law
enforcement, as well as general aspects of
legal science
1
.
The current legal system of Uzbekistan can be
easily included in the family of Romano-
Germanic legal systems, as stated by well-
known legal scholars A. Saidov and U.
Tojikhonov, according to the following main
aspects.
First,
Uzbekistan is a country where normative
legal acts are codified. The primary source of
law is the normative legal acts adopted by the
supreme bodies of the country. The principal
branches of law have been codified in our
country.
Second,
the country has a strict hierarchy of
sources of law. The Constitution, constitutional
laws, presidential decrees, decisions of the
Cabinet of Ministers, normative legal acts
passed by central and local authorities
constitute the system of sources of law in
Uzbekistan.
Third,
the principle of rule of law is a crucial part
of the hierarchy of the system of sources of
law, in which the priority of the Constitution
plays an important role. This means prohibiting
any activity, as well as law-making activities
that is unconstitutional. In addition, this refers
1
Theory of State and Law: Coursebook / Editors-in-
Chief H.B.Boboev and H.T.Odilkoriev. -T.: The world
of economics and law, 2000. -p. 387.
to compliance to the constitutional norms on
the interpretation and application of laws, and
that all law-making bodies are obliged to act in
accordance with the constitutional norms, the
nature of the adoption of the Constitution, the
complex procedure of constitutional review, as
well as existence of constitutional control
(protection of the Constitution).
Fourth,
the
basic
principles
of
the
administration of justice and the judicial system
are of vital importance.
The main criteria of the rule of law state in
Uzbekistan are as follows: the separation of
powers, the priority of human rights and
freedoms, the priority of the Constitution and
laws, and constitutional control, which are all
reflected in practice. These principles are
considered significant factor in bringing the
legal system of Uzbekistan closer to the
Romano-Germanic
legal
system,
which
evidences that Uzbekistan now has a system of
sources of law and legislation specific to the
Romano-Germanic family of law. Accordingly,
this means that the legal system of
Karakalpakstan belongs to the Romano-
Germanic legal system.
For almost 85 years, the peoples of
Karakalpakstan and Uzbekistan have been
living almost all spheres of socio-political life
together. After the dissolution of the former
Soviet Union, Karakalpakstan has become a
sovereign
democratic
republic
within
Uzbekistan.
This
is
specified
in
the
constitutional law “On the Foundations of
State Independence of the Republic of
Uzbekistan”. In particular, Article 17 of the Law
The USA Journals Volume 03 Issue 11-2021
131
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
November 30, 2021 |
Pages:
129-132
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue11-18
I
MPACT
F
ACTOR
2021:
5.
952
states: “The Republic of Uzbekistan recognizes
the territorial integrity and independence of
the Republic of Karakalpakstan. The relations
between the Republic of Uzbekistan and the
Republic
of
Karakalpakstan
shall
be
established on the basis of equality, through
bilateral agreements and treaties”.
When the the Constitution of the independent
Republic of Uzbekistan was adopted on
December 8, 1992, a separate chapter was
devoted to strengthening the legal status of
the Republic of Karakalpakstan, autonomy in
Uzbekistan. In Chapter XVII of the Constitution
of Uzbekistan, which is devoted to the
constitutional status of the Republic of
Karakalpakstan, enshrined that “
The sovereign
Republic of Karakalpakstan is a part of the
Republic of Uzbekistan” (
Article 70
)
2
.
This Article 70 of the Constitution substantiates
that the Republic of Karakalpakstan was
established on January 9, 1992 and the
Constitution adopted on April 9, 1993 justifies
that it is a sovereign republic within the
Republic of Uzbekistan.
The Republic of Uzbekistan is a unitary state to
which the Republic of Karakalpakstan is a part.
It should be noted that there are some aspects
of federalism in the state structure of
Uzbekistan, which indicates that the Republic
of Karakalpakstan has a certain state
sovereignty.
It should be highlighted that the Constitution
provides for the protection of the sovereignty
of the Republic of Karakalpakstan by the
2
Constitution of the Republic of Uzbekistan. T.
“Uzbekistan”, 2019.
3
M. Utemuratov “Theoretical, historical, political
and ideological foundations of the formation of the
Republic of Uzbekistan. Furthermore, as stated
in the Constitution of Uzbekistan, the Republic
of Karakalpakstan adopts its own Constitution.
Accordingly, the Republic of Karakalpakstan
has its own constitutional and legal system:
The Constitution of the Republic of
Karakalpakstan;
Constitutional laws of the Republic of
Karakalpakstan;
Normative legal acts of the Republic of
Karakalpakstan adopted on the basis of
laws to address issues of absolute
authority.
The constitutional and legal system of
Karakalpakstan is an integral part of the
constitutional and legal system of Uzbekistan.
This imposes certain requirements on the
constitutional
and
legal
system
of
Karakalpakstan.
They are as follows:
The Constitution of the Republic of
Karakalpakstan may not contradict the
Constitution of the Republic of Uzbekistan;
The laws of the Republic of Uzbekistan are also
binding on the territory of the Republic of
Karakalpakstan
3
.
The essence of state sovereignty is reflected
and clearly defined in the Constitution of the
Republic of Karakalpakstan, as the first chapter
states that “Karakalpakstan is a sovereign
democratic republic that is part of the Republic
of Uzbekistan”
4
.
Republic of Karakalpakstan in Uzbekistan”. -
Tashkent 2005. - p.36.
4
The Constitution of the Republic of Karakalpakstan.
Nukus. “KARAKALPAKSTAN”, 2021.
The USA Journals Volume 03 Issue 11-2021
132
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
November 30, 2021 |
Pages:
129-132
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue11-18
I
MPACT
F
ACTOR
2021:
5.
952
Reverence for sovereignty is a fundamental
principle of international law and international
relations. It is evident that Karakalpakstan has
not yet achieved the true meaning of
sovereignty. There is an obvious reason for it.
As Karakalpakstan is a part of Uzbekistan, it
voluntarily gives over some of the afore-
mentioned parts of its sovereignty to
Uzbekistan.
Many countries around the world do, in fact,
have similar structures. This principle is
enshrined in Article 70 of the Constitution of
Uzbekistan. It recognizes that the sovereignty
of the Republic of Karakalpakstan is protected
by the Republic of Uzbekistan.
REFERENCES
1.
The Constitution of the Republic of
Uzbekistan. T. “Uzbekistan”, 2019
2.
The Constitution of the Republic of
Karakalpakstan.
Nukus.
“KARAKALPAKSTAN”, 2021
3.
Theory of State and Law: Coursebook /
Editors-in-Chief
H.B.Boboev
and
H.T.Odilkoriev. - Tashkent: World of
Economics and Law, 2000. - p. 387
4.
M. Utemuratov “Theoretical, historical,
political and ideological foundations of
the formation of the Republic of
Karakalpakstan in Uzbekistan”. - Tashkent
2005. - p.36
5.
Documents on the state independence of
the Republic of Uzbekistan.- T., 1991.-p.12
