ЎЗБЕКИСТОН
ҚОНУНЧИЛИГИ
ТАҲЛИЛИ
♦
UZBEK LAW REVIEW
♦
ОБЗОР
ЗАКОНОДАТЕЛЬСТВА
УЗБЕКИСТАНА
2015
№
4
♦
ЎЗБЕКИСТОН
ҚОНУНЧИЛИГИ
ТАҲЛИЛИ
♦
UZBEK LAW REVIEW
♦
ОБЗОР
ЗАКОНОДАТЕЛЬСТВА
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10.
Рахманкулов
X.
Становление
и
перспективы
развития
частного
права
в
Республике
Узбекистан
. /
Вестник
НУУЗ
. – 2008. –
№
1. –
С
. 60-63.
11.
Нерсесянц
В
.
С
.
Философия
права
:
Учебник
для
вузов
. –
М
., 2005. –
С
.157-158.
12.
Х
.
А
.
Рахмонқулов
,
В
.
Ё
.
Эргашев
ва
бошқалар
.
Халқаро
хусусий
ҳуқуқнинг
долзарб
муаммолари
ва
ривожланиш
истиқболлари
. –
Т
., “Adabiyot uchqunlari”
нашриёти
, 2014. –
Б
.13.
13.
Международное
коммерческое
право
:
Учеб
.
пособие
/
Под
общ
.
ред
.
В
.
Ф
.
Попондопуло
. –
М
., 2004.
–
С
. 11.
14.
Ўзбекистон
Республикаси
Олий
Мажлисининг
Ахборотномаси
, 1996
й
., 1-
сонга
илова
.
15.
Сыроватская
Л
.
А
.
Трудовые
отношения
и
трудо
-
вое
право
//
Государство
и
право
. 1996.
№
7. –
С
. 82.
16.
Киселев
И
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Я
.
Сравнительное
и
международное
трудовое
право
. –
М
., 1999. –
С
. 88-89.
S. Gafurova
Researcher of the University of World
Economy and Diplomacy
THE LEGAL ESSENCE OF THE CONSUL’S
PROTECTION OF CITIZEN’S RIGHTS IN ABROAD
Annotation:
this article dedicated to attempts disclos-
ing the legal nature of the consular protection of the citi-
zens’ rights in abroad. Working on this issue, the author
concludes that consular protection has an importance
point in the protection of human rights in general, especial-
ly citizens located outside of the state.
Keywords
: legal protection, the consul, consular
functions, legal aid, an international treaty, consular
convention.
Аннотация
:
мазкур
мақола
чет
давлатлардаги
фуқаролар
ҳуқуқларининг
консуллик
ҳимояси
ва
унинг
ҳуқуқий
моҳияти
масаласига
бағишланган
.
Муаллиф
,
мавзуни
ёритар
экан
,
консуллик
ҳимояси
чет
давлатлардаги
фуқароларга
нисбатан
инсон
ҳуқуқларини
таъминлашда
муҳим
ҳуқуқий
аҳамият
касб
этади
,
деган
хулосага
келади
.
Калит
сўзлар
:
ҳуқуқий
ҳимоя
,
консул
,
консуллик
функциялари
,
ҳуқуқий
ёрдам
,
халқаро
шартнома
,
консуллик
конвенцияси
.
Аннотация
:
эта
статья
посвящена
попыткам
рас
-
крытия
правовой
сущности
консульской
защиты
прав
гражданин
за
рубежом
.
В
работе
автор
приходит
к
вы
-
воду
,
что
консульская
защита
занимает
первостепен
-
ное
значение
в
защите
прав
человека
,
находящегося
за
пределами
своего
государства
в
целом
.
Ключевые
слова
:
правовая
защита
,
консул
,
консульский
функции
,
юридическая
помощь
,
международный
договор
,
консульская
конвенция
.
The current stage of the development of the Republic
of Uzbekistan distinguishes with its position in searching of
new and new ways of necessary legal protection of citizen
in all forms of conflict situations. One of these necessities
is to protect the rights of citizens of the Republic of Uzbek-
istan in abroad.
Consular law, which has an ancient history, reflecting
to the socio-political views of different ages and con-
sciousness essence of events, is forming an adequate
response to these events [1, 4-5-p.]. Nowadays, the de-
velopment of consular law, enrichment it with new legal
opinions, knowledge based on modern achievements of
science is very important. With the globalization the con-
sular protection of citizens in abroad acquires particular
importance as it serves the entire wide spectrum of rela-
tions with different countries. The more active develop-
ment of relations, the larger and more intensive exchange
of experience and human resources, the greater the bur-
den placed on consular offices. Consular protection is a
historically developed as a universal social and legal phe-
nomenon. Consular protection has a dominant role in dip-
lomatic relations between states. The degree of effective-
ness of the state protection of the interests of its citizens in
abroad determines the degree of people's trust in govern-
ment and the state. Security of states depends on the vec-
tor of foreign policy, economic, consular and other inter-
ests of those states. It critically assesses the legal nature,
content and effects in the domestic legal orders of the
ЎЗБЕКИСТОН
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ТАҲЛИЛИ
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ҚОНУНЧИЛИГИ
ТАҲЛИЛИ
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♦
ОБЗОР
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УЗБЕКИСТАНА
71
least developed right recognized to the … citizen: the right
to protection in abroad.
According to the Vienna Convention of 1963 (Article 5),
the main task of consuls is to defend in the receiving State
the interests of the state, its citizens and legal entities. In
studies of consular protection the great importance has
the question of the place and role of international bilateral
consular convention and the international treaties on legal
assistance and legal protection. The Republic of Uzbeki-
stan signed bilateral agreements on legal assistance and
legal relations with 15 countries such as Turkey, Latvia,
Georgia, Turkmenistan, Kirgizistan, Lithuania, Kazakh-
stan, Azerbaijan, China, Ukraine, India, Czech Republic,
Korea, Bulgaria, Pakistan. Also, the Republic of Uzbeki-
stan signed bilateral agreements on extradition with 7
countries such as China, India, Iran, Tajikistan, Pakistan,
Korea and Bulgaria. These agreements are the main
source in the exercise of consular assistance to citizens,
facilitating their activities.
At present time, 34 embassies (with their consular de-
partments), 10 Consulates general (in Afghanistan,
Greece, CSA, Novosibirsk, UAE, USA, Thailand, Turkey,
Germany and Shanghai) two Permanent missions of the
Republic of Uzbekistan operating in different countries. In
addition, the Republic of Uzbekistan has its 11 Honorary
Consuls in different countries of the world – such as the
U.S. (2), Germany, Japan, France, Spain (2), Slovakia,
Vietnam and Bangladesh. Consul ensures that the send-
ing State and its citizens enjoy all the rights that they own
under the laws of the host State and the applicable inter-
national instruments.
Consular protection of citizens' rights in abroad is a
conceptual study. In a study of the consular protection of
citizens' rights in abroad it is very important the determina-
tion of the legal essence of the consular protection, which
especially reflects in its legal entity.
Logically, we must examine the issue of interpretation
of the values of the essence of law in science. The es-
sence of the law - is the main, internal, relatively stable
qualitative characteristics of law, which reflects the es-
sence and purpose of his life in the society. Revealing the
essence of the study is based on social values, ideas,
determining the essence of law. Because of the law is a
complex multifaceted social phenomenon, it can be stud-
ied in various aspects from different points of view. The
history of legal thought is represented by a sufficiently
wide range of views about the essence of law and the
definition of its concepts. The existing legal scientific ap-
proaches are an expression of historically social problems
and their resolutions at the same time.
In researching the essence of law it is important to
consider two aspects:
1) The law is primarily a regulator (this is its formal
side);
2) Whose interests are served this regulator (this is its
substantial side).
In "The Theory of State and Law," edited by
N.N.Stepanova put forward the view that the correct con-
clusion about the essence of a phenomenon can only
come when it has received sufficient development [2, 234-
p.].
However, in practice, based on the different social,
economic or other reasons, the citizens get to unexpected
problematic situations. In solving their problems become
clear gaps or lack of a mechanism to implement the law in
the content of the existing rules. On the other hand, pro-
tect the legitimate interests of citizens and legal entities
outside the state contribute to the flexibility and efficiency
of the consular service.
Thus, the logical chain of thought about the legal es-
sence of the functions of the consul on protection of the
rights of citizens may be continued with the view that pro-
tection of the rights defines the core of the whole consular
activity, which regulates the rights and interests of its citi-
zens in abroad. Providing consular protection of citizens'
rights in abroad complements and enhances the function
of the state on protection the rights of its citizens. Within
the limits of their rights, citizens are free in their actions,
and consul on behalf of the state is the guardian of that
freedom. Thus, consular protection is not just a mechani-
cal process, and the guarantee of human freedom.
One of the key priorities of the democratic renewal of
the country is consistent democratization, liberalization of
judicial-legal system that promotes the rule of law, legality,
protection of the rights and interests of the individual, in
short, - the formation of law and legal consciousness of
people.
The complex of organizational and legal measures
aimed at the consistent strengthening of the judiciary, en-
suring the independence and autonomy of the court, turn-
ing it from an organ of repression and implements punitive
apparatus in the past in a truly independent institution of
the state, designed to safely protect and defend the rights
and freedoms of man and citizen [3,16-p.].
The history of mankind shows that with the advent of
the category of human rights a person has acquired stable
law. Personality - a stable system of socially significant
property rights that characterize the individual as a mem-
ber of society. The essence of relations between the state
and the individual is an important indicator of the state of
society as a whole, the prospects for its development.
Stable connection between an individual and the state is
expressed in the institute of citizenship. This relationship
shows that person legally belongs to the state, the exist-
ence of reciprocal rights and duties of the individual and
the state. The relationship of the individual and the state is
primarily mediated by the institution of citizenship. The
relationship of the individual and the state represents the
rights of citizens who need guarantees for their implemen-
tation by the state.
The problem of human personality and its relationship
with the state - with its various institutions and other actors
of the political system is central in science, of theory of
law. The content of the political and legal status of per-
sonality includes the following elements: personality, the
legal status of the individual, legal guarantees. Mutual
responsibility of state and the individual is the basic princi-
ple of relationships in a legal state. Status of the individual
is expressed primarily in its legal status or the totality of
the rights, freedoms, responsibilities and legitimate inter-
ests. Any individual (citizen, foreign citizen) realizes its
subjective rights in the legal relationship in connection with
the occurrence or termination of citizenship. Here, it
should be noted that any person has the right to exercise
their labor and other activities in another state as a citizen
of foreign state. Moreover, a person can form a legal entity
in another state. With the process of integration the consu-
lar protection of citizens in abroad obtain particular im-
portance as it serves the entire wide spectrum of relations
with different countries. It should be emphasized that the
consul protects the rights and interests of not only physical
but also legal entities.
In Uzbekistan, a citizen's right to consular protection is
a constitutional right. Under the Constitution of 1992, the
ЎЗБЕКИСТОН
ҚОНУНЧИЛИГИ
ТАҲЛИЛИ
♦
UZBEK LAW REVIEW
♦
ОБЗОР
ЗАКОНОДАТЕЛЬСТВА
УЗБЕКИСТАНА
2015
№
4
♦
ЎЗБЕКИСТОН
ҚОНУНЧИЛИГИ
ТАҲЛИЛИ
♦
UZBEK LAW REVIEW
♦
ОБЗОР
ЗАКОНОДАТЕЛЬСТВА
УЗБЕКИСТАНА
72
Republic of Uzbekistan shall guarantee its citizens protec-
tion and patronage outside its boundaries (Article 22) [4,
108-109-p.]. More precise wording contained in the Con-
stitution of Poland: "During his stay abroad, a Polish citi-
zen has the right to protection by the Republic of Poland."
The same situation exists in the Constitution of Hungary.
Similar provisions appeared in the Basic Law, and several
other states. Thus, in the constitutions of the Republic of
Korea speaks of "duty" of the state to protect its citizens in
abroad [5].
The legal doctrine under the form of civil rights empha-
size the mechanism of implementation of measures to
protect civil rights and subjective interests. A number of
authors under the form of civil rights law to understand the
complex regulated by special procedures performed by
law enforcement agencies and authorized person within
the human rights process and aimed at restoring the (con-
firmation), impaired (contested) rights[6]. Thus, the consul
involved in the performance of not only those tasks that
are aimed at protecting the rights and lawful interests of
citizens, but also the challenges of documentary or formal
essence, which is of great importance in the life of citi-
zens. This process formed a sort of a separate form of
protection of law.
One of the recognized and effective forms of protection
of the rights and lawful interests of citizens abroad is -
consular protection. The main focus of consular activities
from the beginning of the formation of this institution to
modern times is to protect the external interests of the
state and its citizens abroad.
The above mentioned analyzes suggest that the study
of the legal essence of functions of the consul on protec-
tion of rights is an important step in the implementation of
international legal norms into national legislation, as well
as improvement of national legislation in this area of law.
Formation of the Institute of consular protection of citizens
in abroad will provide an opportunity to improve the effec-
tiveness of the mechanism of the rule of law, protect hu-
man rights and freedoms as in inside the state, outside the
whole system is successfully expanding sector of the con-
sular rights.
The definitions of legal terms and concepts are of great
importance for the theory and practice of law, as the scien-
tific and legal definitions - this is a quick and accurate dis-
closure of political and legal concepts. From this point of
view, it is necessary to study the scientific definition, to
identify the essence of a legal concept in the study of any
area of law.
In a study of the legal essence of consular protection
of rights an integrated approach and use many methods
and results of comparative analysis. This is primarily due
to the fact that the legal essence of consular protection of
rights is, above all, the essence of general social, serves
the interests of all citizens living abroad, and provides the
organization, orderliness, stability and development of
international relations.
Extensive study of the legal essence of consular pro-
tection of rights will improve the quality of legal acts in this
direction. From this point of view formulated proposals and
recommendations, to the greatest extent, take into ac-
count scientific and practical needs of society and the
state at the present stage of development, as well as the
positive experience of foreign countries in the researching
area.
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