Uzbekistan 1992

Preamble, Motives for writing constitution, Customary international law, International law

Preamble

The people of Uzbekistan,

solemnly declaring their adherence to human rights and principles of state sovereignty,

aware of their ultimate responsibility to the present and the future generations,

relying on historical experience in the development of Uzbek statehood,

affirming their commitment to the ideals of democracy and social justice,

recognizing priority of the generally accepted norms of the international law,

aspiring to a worthy life for the citizens of the Republic,

setting forth the task of creating a humane and democratic rule of law,

aiming to ensure civil peace and national accord,

represented by their plenipotentiary deputies adopt the present Constitution of the Republic of Uzbekistan.

PART ONE. FUNDAMENTAL PRINCIPLES

Chapter 1. STATE SOVEREIGNTY

Type of government envisioned

Article 1

Uzbekistan is a sovereign democratic republic. Both names of the state—the Republic of Uzbekistan and Uzbekistan—shall be equivalent.

Article 2

The state shall express the will of the people and serve their interests. State bodies and officials shall be accountable to the society and the citizens.

Article 3

The Republic of Uzbekistan shall determine its national-state and administrative-territorial structure, its structure of state authority and administration, and shall pursue independent home and foreign policies.

The state frontier and the territory of Uzbekistan shall be inviolable and indivisible.

Protection of language use, Official or national languages, Integration of ethnic communities

Article 4

The state language of the Republic of Uzbekistan shall be Uzbek.

The Republic of Uzbekistan shall ensure a respectful attitude toward the languages, customs and traditions of all nationalities and ethnic groups living on its territory, and create the conditions necessary for their development.

National anthem, National flag

Article 5

The Republic of Uzbekistan shall have its state symbols—the flag, the emblem, and the anthem—sanctioned by the law.

National capital

Article 6

The capital of the Republic of Uzbekistan shall be the city of Tashkent.

Chapter 2. DEMOCRACY

Source of constitutional authority

Article 7

The people are the sole source of state power. State power in the Republic of Uzbekistan shall be exercised in the interests of the people and solely by the bodies empowered therefore by the Constitution of the Republic of Uzbekistan and the laws passed on its basis. Any seizure of powers belonging to state authority, suspension or termination of activity of the bodies of state authority contrary to the procedure prescribed by the Constitution, as well as the formation of any new or parallel bodies of state authority shall be regarded as unconstitutional and punishable by law.

Article 8

All citizens of the Republic of Uzbekistan, regardless of their nationality, constitute the people of Uzbekistan.

Referenda

Article 9

Major matters of public and state life shall be submitted for a nation-wide discussion and put to a direct vote of the people (a referendum). The procedure for holding referendums shall be specified by law.

Head of state selection

Article 10

The Oliy Majlis (Supreme Assembly) and President of the Republic, elected by the people, shall have the exclusive right to act on behalf of the people.

No section of society, political party, public association, movement or individual shall have the right to act on behalf of the people of Uzbekistan.

Article 11

The principle of the separation of power between the legislative, executive and judicial authorities shall underlie the system of state authority in the Republic of Uzbekistan.

Article 12

In the Republic of Uzbekistan, public life shall develop on the basis of a diversity of political institutions, ideologies and opinions.

No ideology shall be granted the status of state ideology.

Human dignity

Article 13

Democracy in the Republic of Uzbekistan shall rest on the principles common to all mankind, according to which the ultimate value is the human being, his life, freedom, honour, dignity and other inalienable rights.

Democratic rights and freedoms shall be protected by the Constitution and the laws.

Article 14

The state shall function on the principles of social justice and legality in the interests of the people and society.

Chapter 3. SUPREMACY OF THE CONSTITUTION AND THE LAW

Duty to obey the constitution

Article 15

The Constitution and the laws of the Republic of Uzbekistan shall have absolute supremacy in the Republic of Uzbekistan.

The state, its bodies, officials, public associations and citizens shall act in accordance with the Constitution and the laws.

Article 16

None of the provisions of the present Constitution shall be interpreted in a way detrimental to the rights and interests of the Republic of Uzbekistan.

None of the laws or normative legal acts shall run counter to the norms and principles established by the Constitution.

Chapter 4. FOREIGN POLICY

International organizations, Customary international law, International law

Article 17

The Republic of Uzbekistan shall have full rights in international relations. Its foreign policy shall be based on the principles of sovereign equality of the states, non-use of force or threat of its use, inviolability of frontiers, peaceful settlement of disputes, noninterference in the internal affairs of other states, and other universally recognized norms of international law.

The Republic may form alliances, join or withdraw from unions and other inter-state organizations proceeding from the ultimate interests of the state and the people, their well-being and security.

PART TWO. BASIC HUMAN AND CIVIL RIGHTS, FREEDOMS AND DUTIES

Chapter 5. GENERAL PROVISIONS

Equality regardless of religion, Equality regardless of nationality, Equality regardless of creed or belief, Equality regardless of language, General guarantee of equality, Equality regardless of social status, Equality regardless of race, Equality regardless of gender

Article 18

All citizens of the Republic of Uzbekistan shall have equal rights and freedoms, and shall be equal before the law, without discrimination by sex, race, nationality, language, religion, social origin, convictions, individual and social status.

Any privileges may be granted solely by the law and shall conform to the principles of social justice.

Binding effect of const rights, Inalienable rights

Article 19

Both citizens of the Republic of Uzbekistan and the state shall be bound by mutual rights and mutual responsibility. Citizens’ rights and freedoms, established by the Constitution and the laws, shall be inalienable. No one shall have the power to deny a citizen his rights and freedoms, or to infringe on them except by the sentence of a court.

Article 20

The exercise of rights and freedoms by a citizen shall not encroach on the lawful interests, rights and freedoms of other citizens, the state or society.

Chapter 6. CITIZENSHIP

Requirements for naturalization, Conditions for revoking citizenship, Right to culture, Citizenship of indigenous groups, Requirements for birthright citizenship, Right to renounce citizenship, Indigenous right to self governance, Indigenous right to vote

Article 21

In the Republic of Uzbekistan, uniform citizenship shall be established throughout its territory.

Citizenship in the Republic of Uzbekistan shall be equal for all regardless of the grounds of its acquisition.

Every citizen of the Republic of Karakalpakstan shall be a citizen of the Republic of Uzbekistan.

The grounds and procedure for acquiring and forfeiting citizenship shall be defined by law.

Article 22

The Republic of Uzbekistan shall guarantee legal protection to all its citizens both on the territory of the republic and abroad.

Protection of stateless persons, Customary international law, International law

Article 23

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 norms of international law.

They shall perform the duties established by the Constitution, laws, and international agreements signed by the Republic of Uzbekistan.

Chapter 7. PERSONAL RIGHTS AND FREEDOMS

Inalienable rights, Right to life

Article 24

The right to exist is the inalienable right of every human being. Attempts on anyone’s life shall be regarded as the gravest crime.

Article 25

Everyone shall have the right to freedom and inviolability of the person.

No one may be arrested or taken into custody except on lawful grounds.

Prohibition of cruel treatment, Prohibition of torture, Right to counsel

Article 26

No one may be adjudged guilty of a crime except by the sentence of a court and in conformity with the law. Such a person shall be guaranteed the right to legal defence during open court proceedings.

No one may be subject to torture, violence or any other cruel or humiliating treatment.

No one may be subject to any medical or scientific experiments without his consent.

Human dignity, Right to privacy, Right to protect one's reputation

Article 27

Everyone shall be entitled to protection against encroachments on his honour, dignity, and interference in his private life, and shall be guaranteed inviolability of the home.

No one may enter a home, carry out a search or an examination, or violate the privacy of correspondence and telephone conversations, except on lawful grounds and in accordance with the procedure prescribed by law.

Freedom of movement

Article 28

Any citizen of the Republic of Uzbekistan shall have the right to freedom of movement on the territory of the Republic, as well as a free entry to and exit from it, except in the events specified by law.

Right to information, Freedom of expression, Freedom of opinion/thought/conscience

Article 29

Everyone shall be guaranteed freedom of thought, speech and convictions. Everyone shall have the right to seek, obtain and disseminate any information, except that which is directed against the existing constitutional system and in some other instances specified by law.

Freedom of opinion and its expression may be restricted by law if any state or other secret is involved.

Right to information

Article 30

All state bodies, public associations and officials in the Republic of Uzbekistan shall allow any citizen access to documents, resolutions and other materials, relating to their rights and interests.

Freedom of religion

Article 31

Freedom of conscience is guaranteed to all. Everyone shall have the right to profess or not to profess any religion. Any compulsory imposition of religion shall be impermissible.

Chapter 8. POLITICAL RIGHTS

Referenda

Article 32

All citizens of the Republic of Uzbekistan shall have the right to participate in the management and administration of public and state affairs, both directly and through representation. They may exercise this right by way of self-government, referendums and democratic formation of state bodies.

Freedom of assembly

Article 33

All citizens shall have the right to engage in public life by holding rallies, meetings and demonstrations in accordance with the legislation of the Republic of Uzbekistan. The bodies of authority shall have the right to suspend or ban such undertakings exclusively on the grounds of security.

Human dignity, Right to form political parties, Right to join trade unions, Freedom of association

Article 34

All citizens of the Republic of Uzbekistan shall have the right to form trade unions, political parties and any other public associations, and to participate in mass movements.

No one may infringe on the rights, freedoms and dignity of the individuals, constituting the minority opposition in political parties, public associations and mass movements, as well as in representative bodies of authority.

Right of petition

Article 35

Everyone shall have the right, both individually and collectively, to submit applications and proposals, and to lodge complaints with competent state bodies, institutions and public representatives.

Such applications, proposals and complaints shall be considered in accordance with the procedure and within the time-limit specified by law.

Chapter 9. ECONOMIC AND SOCIAL RIGHTS

Right to transfer property, Right to own property

Article 36

Everyone shall have the right to own property.

The privacy of bank deposits and the right to inheritance shall be guaranteed by law.

Right to choose occupation, Prohibition of slavery, Right to work

Article 37

Everyone shall have the right to work, including the right to choose their occupation. Every citizen shall be entitled to fair conditions of labour and protection against unemployment in accordance with the procedure prescribed by law.

Any forced labour shall be prohibited, except as punishment under the sentence of a court, or in some other instances specified by law.

Right to rest and leisure

Article 38

Citizens working on hire shall be entitled to a paid rest. The number of working hours and the duration of paid leave shall be specified by law.

State support for the disabled, State support for children, Right to just remuneration, State support for the elderly

Article 39

Everyone shall have the right to social security in old age, in the event of disability and loss of the bread-winner as well as in some other cases specified by law.

Pensions, allowances and other kinds of welfare may not be lower than the officially fixed minimum subsistence wage.

Right to health care

Article 40

Everyone shall have the right to receive skilled medical care.

Free education

Article 41

Everyone shall have the right to education. The state shall guarantee free secondary education. Schooling shall be under state supervision.

Reference to science, Right to culture

Article 42

Everyone shall be guaranteed the freedom of scientific research and engineering work, as well as the right to enjoy cultural benefits. The state shall promote the cultural, scientific and technical development of society.

Chapter 10. GUARANTEES OF HUMAN RIGHTS AND FREEDOMS

Article 43

The state shall safeguard the rights and freedoms of citizens proclaimed by the Constitution and laws.

Ultra-vires administrative actions

Article 44

Everyone shall be entitled to legally defend his rights and freedoms, and shall have the right to appeal any unlawful action of state bodies, officials and public associations.

Article 45

The rights of minors, the disabled, and the elderly shall be protected by the state.

Equality regardless of social status, Equality regardless of creed or belief, Equality regardless of race, Equality regardless of language, Equality regardless of gender, Equality regardless of nationality, Equality regardless of religion

Article 46

Women and men shall have equal rights.

Chapter 11. DUTIES OF CITIZENS

Duty to obey the constitution

Article 47

All citizens shall perform the duties established by the Constitution.

Duty to obey the constitution, Human dignity

Article 48

All citizens shall be obliged to observe the Constitution and laws, and to respect the rights, freedoms, honour and dignity of others.

Right to culture

Article 49

It is the duty of every citizen to protect the historical, spiritual and cultural heritage of the people of Uzbekistan.

Cultural monuments shall have protection by the state.

Protection of environment

Article 50

All citizens shall protect the environment.

Duty to pay taxes

Article 51

All citizens shall be obliged to pay taxes and local fees established by law.

Right to conscientious objection, Duty to serve in the military

Article 52

Defence of the Republic of Uzbekistan is the duty of every citizen of the Republic of Uzbekistan. Citizens will be obliged to perform military or alternative service in accordance with the procedure prescribed by law.

PART THREE. SOCIETY AND THE INDIVIDUAL

Chapter 12. THE ECONOMIC FOUNDATION OF SOCIETY

Right to establish a business, Protection of consumers, Right to competitive marketplace, Protection from expropriation

Article 53

The economy of Uzbekistan, evolving towards market relations, is based on various forms of ownership. The state shall guarantee freedom of economic activity, entrepreneurship and labour with due regard for the priority of consumers’ rights, as well as equality and legal protection of all forms of ownership.

Private property, along with the other types of property, shall be inviolable and protected by the state. An owner may be deprived of his property solely in the cases and in accordance with the procedure prescribed by law.

Article 54

An owner shall possess, use and dispose of his property. The use of any property must not be harmful to the ecological environment, nor shall it infringe on the rights and legally protected interests of citizens, juridical entities or the state.

Protection of environment, Ownership of natural resources

Article 55

The land, its minerals, fauna and flora, as well as other natural resources shall constitute the national wealth, and shall be rationally used and protected by the state.

Chapter 13. PUBLIC ASSOCIATIONS

Article 56

Trade unions, political parties, and scientific societies, as well as women’s, veterans’ and youth leagues, professional associations, mass movements and other organizations registered in accordance with the procedure prescribed by law, shall have the status of public associations in the Republic of Uzbekistan.

Prohibited political parties

Article 57

The formation and functioning of political parties and public associations aiming to do the following shall be prohibited: changing the existing constitutional system by force: coming out against the sovereignty, territorial integrity and security of the Republic, as well as the constitutional rights and freedoms of its citizens; advocating war and social, national, racial and religious hostility, and encroaching on the health and morality of the people, as well as of any armed associations and political parties based on the national or religious principles.

All secret societies and associations shall be banned.

Article 58

The state shall safeguard the rights and lawful interests of public associations and provide them with equal legal possibilities for participating in public life.

Interference by state bodies and officials in the activity of public associations, as well as interference by public associations in the activity of state bodies and officials is impermissible.

Article 59

Trade unions shall express and protect the socio-economic rights and interests of the working people. Membership in trade unions is optional.

Restrictions on political parties

Article 60

Political parties shall express the political will of various sections and groups of the population, and through their democratically elected representatives shall participate in the formation of state authority. Political parties shall submit public reports on their financial sources to the Oliy Majlis or their plenipotentiary body in a prescribed manner.

Separation of church and state

Article 61

Religious organizations and associations shall be separated from the state and equal before law. The state shall not interfere with the activity of religious associations.

Article 62

Public associations may be dissolved or banned, or subject to restricted activity solely by the sentence of a court.

Chapter 14. FAMILY

Regulation of marriage, Provision for matrimonial equality

Article 63

The family is the primary unit of society and shall have the right to state and societal protection.

Marriage shall be based on the willing consent and equality of both parties.

State support for the elderly, Rights of children, State support for the disabled, State support for children

Article 64

Parents shall be obliged to support and care for their children until the latter are of age.

The state and society shall support, care for and educate orphaned children, as well as children deprived of parental guardianship, and encourage charity in their favour.

Rights of children

Article 65

All children shall be equal before the law regardless of their origin and the civic status of their parents.

Motherhood and childhood shall be protected by the state.

Article 66

Able-bodied children who are of age shall be obliged to care for their parents.

Chapter 15. MASS MEDIA

Freedom of press

Article 67

The mass media shall be free and act in accordance with the law. It shall bear responsibility for trustworthiness of information in a prescribed manner.

Censorship is impermissible.

PART FOUR. ADMINISTRATIVE AND TERRITORIAL STRUCTURE AND STATE SYSTEM

Chapter 16. ADMINISTRATIVE AND TERRITORIAL STRUCTURE OF THE REPUBLIC OF UZBEKISTAN

Subsidiary unit government

Article 68

The Republic of Uzbekistan shall consist of regions, districts, cities, towns, settlements, kishlaks and auls (villages) in Uzbekistan and the Republic of Karakalpakstan.

Article 69

Any alteration of the boundaries of the Republic of Karakalpakstan, regions, the city of Tashkent, as well as the formation and annulment of regions, cities, towns and districts shall be sanctioned by the Oliy Majlis of the Republic of Uzbekistan.

Chapter 17. REPUBLIC OF KARAKALPAKSTAN

Article 70

The sovereign Republic of Karakalpakstan is part of the Republic of Uzbekistan.

The sovereignty of the Republic of Karakalpakstan shall be protected by the Republic of Uzbekistan.

Indigenous right to vote, Right to culture, Indigenous right to self governance

Article 71

The Republic of Karakalpakstan shall have its own Constitution.

The Constitution of the Republic of Karakalpakstan must be in accordance with the Constitution of the Republic of Uzbekistan.

Subsidiary unit government

Article 72

The laws of the Republic of Uzbekistan shall be binding on the territory of the Republic of Karakalpakstan.

Article 73

The territory and boundaries of the Republic of Karakalpakstan may not be altered without the consent of Karakalpakstan. The Republic of Karakalpakstan shall be independent in determining its administrative and territorial structure.

Referenda, Secession of territory

Article 74

The Republic of Karakalpakstan shall have the right to secede from the Republic of Uzbekistan on the basis of a nation-wide referendum held by the people of Karakalpakstan.

Article 75

Relationship between the Republic of Uzbekistan and the Republic of Karakalpakstan, within the framework of the Constitution of the Republic of Uzbekistan, shall be regulated by treaties and agreements concluded by the Republic of Uzbekistan and the Republic of Karakalpakstan.

Any disputes between the Republic of Uzbekistan and the Republic of Karakalpakstan shall be settled by the way of reconciliation.

PART FIVE. ORGANIZATION OF STATE AUTHORITY

Chapter 18. OLIY MAJLIS OF THE REPUBLIC OF UZBEKISTAN

Structure of legislative chamber(s)

Article 76

The highest state representative body is the Oliy Majlis (the Supreme Assembly) of the Republic of Uzbekistan. This body exercises legislative power.

Term length for first chamber, First chamber selection, Size of first chamber, Structure of legislative chamber(s), Minimum age for first chamber, Eligibility for first chamber

Article 77

The Oliy Majlis of the Republic of Uzbekistan shall consist of 150 deputies, elected by territorial constituencies on a multi-party basis for a term of five years.

All citizens of the Republic of Uzbekistan who have reached the age of 25 by election day, shall be eligible for election to the Oliy Majlis of the Republic of Uzbekistan.

Requirements to candidates shall be determined by law.

First chamber reserved policy areas

Article 78

The exclusive powers of the Oliy Majlis of the Republic of Uzbekistan shall include:

  1. Constitution amendment procedure
    the adoption and amending of the Constitution of the Republic of Uzbekistan;
  2. Emergency provisions, Designation of commander in chief
    enactment and amending of the laws of the Republic of Uzbekistan;
  3. determination of the guidelines of home and foreign policies of the Republic of Uzbekistan and approval of long-term projects;
  4. determination of the structure and powers of the legislative, executive and judicial branches of the Republic of Uzbekistan;
  5. Colonies, Secession of territory, Accession of territory
    admission of new states into the Republic of Uzbekistan and approval of their decisions to secede from the Republic of Uzbekistan;
  6. legislative regulation of customs, as well as of the currency and credit systems;
  7. legislative regulation of the administrative and territorial structure, and alteration of frontiers of the Republic of Uzbekistan;
  8. Tax bills, Budget bills
    approval of the budget of the Republic of Uzbekistan submitted by the Cabinet of Ministers, and control over its execution; determination of taxes and other compulsory payments;
  9. Electoral commission
    scheduling elections to the Oliy Majlis of the Republic of Uzbekistan and local representative bodies, and formation of the Central Election Committee;
  10. setting the date of elections for the President of the Republic of Uzbekistan on completion of his term of office;
  11. election of the Chairman and Vice-Chairman of the Oliy Majlis of the Republic of Uzbekistan;
  12. Constitutional court selection
    election of the Constitutional Court of the Republic of Uzbekistan;
  13. Supreme court selection
    election of the Supreme Court of the Republic of Uzbekistan;
  14. election of the Higher Arbitration Court of the Republic of Uzbekistan;
  15. appointment and dismissal of the Chairman of the State Committee for the Protection of Nature of the Republic of Uzbekistan upon the nomination of the President of the Republic of Uzbekistan;
  16. Cabinet removal, Name/structure of executive(s), Head of state decree power, Deputy executive, Head of government removal, Head of government selection
    ratification of the decrees of the President of the Republic of Uzbekistan on the appointment and removal of the Prime Minister, the First Deputy Prime Minister, the Deputy Prime Ministers and the members of the Cabinet of Ministers;
  17. Head of state decree power
    ratification of the decrees of the President of the Republic of Uzbekistan on the appointment and removal of the Procurator-General of the Republic of Uzbekistan and his Deputies;
  18. Central bank
    appointment and removal of the Chairman of the Board of the Central Bank of the Republic of Uzbekistan upon the nomination of the President of the Republic of Uzbekistan;
  19. Head of state decree power
    ratification of the decrees of the President of the Republic of Uzbekistan on the formation and abolition of ministries, state committees and other bodies of state administration;
  20. Emergency provisions, Head of state decree power
    ratification of the decrees of the President of the Republic of Uzbekistan on general and partial mobilization, and on the declaration, prolongation and discontinuance of a state of emergency;
  21. Treaty ratification, International law
    ratification and denouncement of international treaties and agreements;
  22. institution of state awards and honorary titles;
  23. formation, annulment and renaming of districts, towns, cities and regions and alteration of their boundaries;
  24. execution of other powers defined by the present Constitution.
Quorum for legislative sessions

Article 79

A session of the Oliy Majlis shall be legally qualified if it is attended by at least 2/3 of the total number of the deputies.

Constitutional court powers, Name/structure of executive(s)

Article 80

The President of the Republic of Uzbekistan, the Prime Minister, and the members of the Cabinet of Ministers, the Chairmen of the Constitutional Court, the Supreme Court and the Higher Arbitration Court, the Procurator-General of the Republic and the Chairman of the Board of the Central Bank shall have the right to attend the sessions of the Oliy Majlis.

Electoral commission

Article 81

Upon completion of its term, the Oliy Majlis of the Republic of Uzbekistan shall retain its powers until the newly-elected Oliy Majlis is convened.

The first session of the newly-elected Oliy Majlis of the Republic of Uzbekistan shall be convened by the Central Electoral Committee within two months of the elections.

Constitutional court powers, Supreme court powers, Initiation of general legislation

Article 82

The right to initiate legislation in the Oliy Majlis of the Republic of Uzbekistan is vested in the President of the Republic of Uzbekistan, the Republic of Karakalpakstan through the highest body of state authority, the deputies of the Oliy Majlis of the Republic of Uzbekistan, the Cabinet of Ministers of the Republic of Uzbekistan, the Constitutional Court, the Supreme Court, the Higher Arbitration Court and the Procurator-General of the Republic of Uzbekistan.

Supermajority required for legislation

Article 83

The Oliy Majlis of the Republic of Uzbekistan shall pass laws, decisions and other acts. Any law shall be adopted when it is passed by a majority of the total voting power of the deputies of the Oliy Majlis.

Promulgation of the laws and other normative acts shall be a compulsory condition for their enforcement.

Leader of first chamber

Article 84

The Chairman and the Vice-Chairmen of the Oliy Majlis shall be elected from among the deputies of the Oliy Majlis of the Republic of Uzbekistan by secret ballot.

The Chairman and the Vice-Chairmen of the Oliy Majlis shall present annual reports to the Oliy Majlis.

One of the Vice-Chairmen of the Oliy Majlis, a deputy of the Oliy Majlis of the Republic of Uzbekistan, shall represent Karakalpakstan.

The Chairman and the Vice-Chairmen of the Oliy Majlis of the Republic of Uzbekistan shall be elected for the same term as the Oliy Majlis.

No one may be elected Chairman of the Oliy Majlis of the Republic of Uzbekistan for more than two consecutive terms.

The Chairman of the Oliy Majlis of the Republic of Uzbekistan may be recalled before completion of his term of office by the decision of the Oliy Majlis of the Republic of Uzbekistan approved by more than 2/3 of the deputies of the Oliy Majlis of the Republic of Uzbekistan by secret ballot.

Article 85

The Chairman of the Oliy Majlis of the Republic of Uzbekistan shall:

  1. exercise the general direction over a preliminary review of matters to be submitted to the Oliy Majlis;
  2. convene the sessions of the Oliy Majlis and draft their agenda together with the Chairmen of the committees and commissions;
  3. preside at the sessions of the Oliy Majlis;
  4. coordinate the work of the committees and commissions of the Oliy Majlis;
  5. organize the control over the execution of the laws and the decisions passed by the Oliy Majlis;
  6. direct inter-parliamentary relations and the work of the groups connected with international parliamentary organizations;
  7. nominate candidates for the posts of the Vice-Chairmen of the Oliy Majlis and the Chairmen of the committees and commissions of the Oliy Majlis;
  8. alter the composition of the committees and commissions and submit them for confirmation to the Oliy Majlis on the proposal of the Chairmen of the committees and commissions;
  9. direct the work of the organs of the press of the Oliy Majlis;
  10. approve the rules and the editorial staff of the organs of the press of the Oliy Majlis and their expense budgets;
  11. appoint and dismiss the editors of the organs of the press of the Oliy Majlis;
  12. approve the estimated allowances of the deputies and the administrative expenses of the Oliy Majlis;
  13. sign the resolutions passed by the Oliy Majlis of the Republic of Uzbekistan.

The Chairman of the Oliy Majlis of the Republic of Uzbekistan shall issue ordinances.

Legislative committees

Article 86

The Oliy Majlis shall elect committees and commissions to draft laws, conduct preliminary review of matters to be submitted to the Oliy Majlis, and control the execution of the laws and other decisions passed by the Oliy Majlis of the Republic of Uzbekistan.

In the event of necessity, the Oliy Majlis shall form deputies, auditing and other commissions which shall function on a permanent or temporary basis.

Outside professions of legislators

Article 87

The expenses of the deputies connected with their work for the Oliy Majlis shall be reimbursed in prescribed manner. The deputies working for the Oliy Majlis on a permanent basis may not hold any other paid posts, nor engage in commercial activity during their term of office.

Immunity of legislators

Article 88

Deputies of the Oliy Majlis shall have the right of immunity. They may not be prosecuted, arrested or incur a court-imposed administrative penalty without the sanction of the Oliy Majlis.

Chapter 19. THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

Name/structure of executive(s)

Article 89

The President of the Republic of Uzbekistan is head of state and executive authority in the Republic of Uzbekistan. The President of the Republic of Uzbekistan simultaneously serves as Chairman of the Cabinet of Ministers.

Head of state term limits, Minimum age of head of state, Eligibility for head of state, Head of state selection, Head of state term length

Article 90

Any citizen of the Republic of Uzbekistan who has reached the age of 35, is in full command of the state language and has permanently resided in Uzbekistan for at least 10 years, immediately preceeding the elections, shall be eligible for the post of President of the Republic of Uzbekistan. A person may not be elected to the office of President of the Republic of Uzbekistan for more than two consecutive terms.

The President of the Republic of Uzbekistan shall be elected for a term of five years. He shall be elected by citizens of the Republic of Uzbekistan on the basis of the universal, equal and direct suffrage by secret ballot. The procedure for electing President shall be specified by the electoral law of the Republic of Uzbekistan.

Head of state immunity

Article 91

During his term of office, the President may not hold any other paid post, serve as a deputy of a representative body or engage in commercial activity.

The President shall enjoy personal immunity and protection under law.

Duty to obey the constitution, Oaths to abide by constitution

Article 92

The President shall be regarded as having assumed office upon taking the following oath at a session of the Oliy Majlis:

“I do solemnly swear to faithfully serve the people of Uzbekistan, to strictly comply with the Constitution and the laws of the Republic, to guarantee the rights and freedoms of its citizens, and to conscientiously perform the duties of the President of the Republic of Uzbekistan”.

Article 93

The President of the Republic of Uzbekistan shall:

  1. Constitutional court selection, Central bank, Supreme court selection
    guarantee the rights and freedoms of citizens and observance of the Constitution and the laws of the Republic of Uzbekistan;
  2. protect the sovereignty, security and territorial integrity of the Republic of Uzbekistan, and implement the decisions regarding its national-state structure;
  3. Foreign affairs representative
    represent the Republic of Uzbekistan in domestic matters and in international relations;
  4. Treaty ratification
    conduct negotiations, sign treaties and agreements on behalf of the Republic of Uzbekistan, and ensure the observance of the treaties and agreements signed by the Republic and the fulfilment of its commitments;
  5. Head of state powers
    receive letters of credence and recall from diplomats and other representatives accredited to him;
  6. Head of state powers
    appoint and recall diplomats and other representatives of the Republic of Uzbekistan to foreign states;
  7. Legislative oversight of the executive
    present annual reports to the Oliy Majlis on the domestic and international situation;
  8. form the administration and lead it, ensure interaction between the highest bodies of state authority and administration, set up and dissolve ministries, state committees and other bodies of administration of the Republic of Uzbekistan, with subsequent confirmation by the Oliy Majlis;
  9. Attorney general, Name/structure of executive(s), Head of government removal, Cabinet removal, Head of government selection, Deputy executive
    appoint and dismiss the Prime Minister, his First Deputy, the Deputy Prime Ministers, the members of the Cabinet of Ministers of the Republic of Uzbekistan, the Procurator-General of the Republic of Uzbekistan and his Deputies, with subsequent confirmation by the Oliy Majlis;
  10. Constitutional court selection, Supreme court selection
    present to the Oliy Majlis of the Republic of Uzbekistan his nominees for the posts of Chairman and members of the Constitutional Court, the Supreme Court, and the Higher Economic Court, as well as the Chairman of the Board of the Central Bank of the Republic of Uzbekistan, and the Chairman of the State Committee for the Protection of Nature of the Republic of Uzbekistan;
  11. Ordinary court selection
    appoint and dismiss judges of regional, district, city and arbitration courts;
  12. Municipal government, Subsidiary unit government, Head of state powers
    appoint and dismiss khokims (heads of administrations) of regions and the city of Tashkent with subsequent confirmation by relevant Soviets of People’s Deputies; the President shall have the right to dismiss any khokim of a district or a city, should the latter violate the Constitution or the laws, or perform an act discrediting the honour and dignity of a khokim;
  13. Head of state powers, Federal review of subnational legislation, Subsidiary unit government
    suspend and repeal any acts passed by the bodies of state administration or khokims;
  14. Veto override procedure, Approval or veto of general legislation
    sign the laws of the Republic of Uzbekistan. The President may refer any law, with his own amendments, to the Oliy Majlis for additional consideration and vote. Should the Oliy Majlis confirm its earlier decision by a majority of 2/3 of its total voting power, the President shall sign the law;
  15. Emergency provisions
    have the right to proclaim a state of emergency throughout the Republic of Uzbekistan or in a particular locality in cases of emergency (such as a real outside threat, mass disturbances, major catastrophes, natural calamities or epidemics), in the interests of people’s security. The President shall submit his decision to the Oliy Majlis of the Republic of Uzbekistan for confirmation within three days. The terms and the procedure for the imposition of the state of emergency shall be specified by law;
  16. Selection of active-duty commanders, Designation of commander in chief
    serve as the Supreme Commander-in-Chief of the Armed Forces of the Republic and is empowered to appoint and dismiss the high command of the Armed Forces and confer top military ranks;
  17. Power to declare/approve war, International law
    proclaim a state of war in the event of an armed attack on the Republic of Uzbekistan or when it is necessary to meet international obligations relating to mutual defence against aggression, and submit the decision to the Oliy Majlis of the Republic of Uzbekistan for confirmation;
  18. Head of state powers
    award orders, medals and certificates of honour of the Republic of Uzbekistan, and confer qualification and honorary titles of the Republic of Uzbekistan;
  19. Protection of stateless persons, Head of state powers
    rule on matters of citizenship of the Republic of Uzbekistan and on granting political asylum;
  20. Power to pardon
    issue acts of amnesty and grant pardon to citizens convicted by the courts of the Republic of Uzbekistan;
  21. form the national security and state control services, appoint and dismiss their heads, and exercise other powers vested in him.

The President shall not have the right to transfer his powers to a state body or official.

Head of state decree power

Article 94

The President of the Republic of Uzbekistan, shall issue decrees, enactments and ordinances binding on the entire territory of the Republic on the basis of and for enforcement of the Constitution and the laws of the Republic of Uzbekistan.

Dismissal of the legislature, Emergency provisions

Article 95

Should any insurmountable differences arise between the deputies of the Oliy Majlis, jeopardizing its normal functioning, or should it repeatedly make decisions in opposition to the Constitution, the Oliy Majlis may be dissolved by a decision of the President, sanctioned by the Constitutional Court. In the event of the dissolution of the Oliy Majlis, elections shall be held within three months. The Oliy Majlis may not be dissolved during a state of emergency.

Head of state replacement

Article 96

Should the President of the Republic of Uzbekistan fail to perform his duties due to poor health, confirmed by a certificate of a State Medical Commission formed by the Oliy Majlis, an emergency session of the Oliy Majlis shall be held within ten days. This session shall elect acting President of the Republic of Uzbekistan from among its deputies for a term of not more than three months. In this case the general elections of the President of the Republic of Uzbekistan shall be held within three months.

Article 97

Upon completion of his term of office, the President shall be a lifetime member of the Constitutional Court.

Chapter 20. CABINET OF MINISTERS

Cabinet selection, Establishment of cabinet/ministers, Powers of cabinet

Article 98

The Cabinet of Ministers shall be formed by the President of the Republic of Uzbekistan and approved by the Oliy Majlis.

The head of government of the Republic of Karakalpakstan shall be an ex officio member of the Cabinet of Ministers.

The Cabinet of Ministers shall provide guidance for the economic, social and cultural development of the Republic of Uzbekistan. It should also be responsible for the execution of the laws and other decisions of the Oliy Majlis, as well as of the decrees and other enactments issued by the President of the Republic of Uzbekistan.

The Cabinet of Ministers shall issue enactments and ordinances in accordance with the current legislation. This shall be binding on all bodies of administration, enterprises, institutions, organizations, officials and citizens throughout the Republic of Uzbekistan.

The Cabinet of Ministers shall tender its resignation to the newly-elected Oliy Majlis.

The procedure for the work of the Cabinet of Ministers and its powers shall be defined by law.

Chapter 21. FUNDAMENTAL PRINCIPLES OF LOCAL BODIES OF STATE AUTHORITY

Municipal government, Subsidiary unit government

Article 99

The Soviets of People’s Deputies led by khokims are the representative bodies of authority in regions, districts, cities and towns, except in towns subordinate to district centres, and city districts. They shall act upon all matters within their authority, in accordance with the interests of the state and citizens.

Subsidiary unit government, Protection of environment, Municipal government

Article 100

The local authorities shall:

  • ensure the observance of laws, maintain law and order, and ensure security of citizens;

    direct the economic, social and cultural development within their territories;

    propose and implement the local budget, determine the local taxes and fees, and propose non-budget funds;

    direct the municipal economy;

    protect the environment;

    ensure the registration of civil status acts;

    pass normative acts and exercise other powers in conformity with the Constitution and the legislation of the Republic of Uzbekistan.

Subsidiary unit government, National vs subnational laws, Head of state decree power

Article 101

The local authorities shall enforce the laws of the Republic of Uzbekistan, the decrees of the President and the decisions of the higher bodies of state authority. They shall also direct the work of the subordinate Soviets of People’s Deputies and participate in the discussion of national and local matters.

The decisions of the higher bodies on matters within their authority shall be binding on the subordinate bodies.

The term of office of the Soviets of People’s Deputies and khokims is five years.

Subsidiary unit government, Municipal government

Article 102

The khokims of regions, districts, cities and towns shall serve as heads of both representative and executive authorities of their respective territories.

The khokim of the region and city of Tashkent shall be appointed and dismissed by the President with subsequent confirmation by the appropriate Soviet of People’s Deputies.

The khokims of districts, cities and towns shall be appointed and dismissed by the khokim of the appropriate region, with subsequent confirmation by the appropriate Soviet of People’s Deputies.

The khokims of city districts shall be appointed and dismissed by the khokim of the city, with subsequent confirmation by the city Soviet of People’s Deputies.

The khokims of towns subordinate to district centres shall be appointed and dismissed by the khokim of the district with subsequent confirmation by the district Soviet of People’s Deputies.

Article 103

The khokims of regions, districts, cities and towns shall exercise their powers in accordance with the principle of one-man management, and shall bear personal responsibility for the decisions and the work of the bodies they lead.

Organization of the work and the powers of khokims and local Soviets of People’s Deputies, as well as the procedure for elections to the local Soviets of People’s Deputies shall be specified by law.

Article 104

The khokim shall make decisions within his vested powers which are binding on all enterprises, institutions, organizations, associations, officials, and citizens on the relevant territory.

Article 105

Residents of settlements, kishlaks and auls (villages), as well as of residential neighbourhoods (makhallyas) in cities, towns, settlements and villages shall decide all local matters at general meetings. These local self-governing bodies shall elect Chairman (aksakal) and his advisers for a term of 2.5 years.

The procedure for elections, organization of the work and the powers of self-governing bodies shall be specified by law.

Chapter 22. JUDICIAL AUTHORITY IN THE REPUBLIC OF UZBEKISTAN

Judicial independence

Article 106

The judicial authority in the Republic of Uzbekistan shall function independently from the legislative and executive branches, political parties and public organizations.

Structure of the courts, Constitutional court term length, Supreme court term length, Establishment of constitutional court, Ordinary court term length

Article 107

The judicial system in the Republic of Uzbekistan shall consist of the Constitutional Court of the Republic, the Supreme Court, the Higher Economic Court of the Republic of Uzbekistan, along with the Supreme Court, and the Arbitration Court of the Republic of Karakalpakstan. These courts shall be elected for a term of five years. The judicial branch also includes regional, district, town, city, Tashkent city courts and arbitration courts appointed for a term of five years.

Organization and procedure for the operation of the courts shall be specified by law.

Formation of extraordinary court shall be inadmissible.

Indigenous right to vote, Indigenous right to self governance, Eligibility for const court judges, Right to culture

Article 108

The Constitutional Court of the Republic of Uzbekistan shall hear cases relating to the Constitutionality of acts passed by the legislative and executive branches.

The Constitutional Court shall be elected from political and legal scholars and shall consist of a Chairman, Vice-Chairman and judges including a representative of the Republic of Karakalpakstan.

No member of the Constitutional Court, including the Chairman, shall have the right to simultaneously serve as a deputy. The Chairman and the members of the Constitutional Court may not belong to any political parties or movements, nor hold any other paid posts.

The judges of the Constitutional Court shall have the right of immunity.

The judges of the Constitutional Court shall be independent in their work and subject solely to the Constitution of the Republic of Uzbekistan.

Constitutional court powers, Constitutional interpretation

Article 109

The Constitutional Court of the Republic of Uzbekistan shall:

  1. Head of state decree power, Legal status of treaties
    judge the constitutionality of the laws of the Republic of Uzbekistan and other acts passed by the Oliy Majlis of the Republic of Uzbekistan, the decrees issued by the President of the Republic of Uzbekistan, the enactments of the government and the ordinances of local authorities, as well as obligations of the Republic of Uzbekistan under inter-state treaties and other documents;
  2. Federal review of subnational legislation, Right to culture, Indigenous right to self governance, Subsidiary unit government, Indigenous right to vote
    conform the constitutionality of the Constitution and laws of the Republic of Karakalpakstan to the Constitution and laws of the Republic of Uzbekistan;
  3. interpret the Constitution and the laws of the Republic of Uzbekistan;
  4. hear other cases coming within its authority under the Constitution and the laws of the Republic of Uzbekistan.

The judgements of the Constitutional Court shall take effect upon publication. They shall be final and shall not subject to appeal.

The organization and procedure of the Constitutional Court shall be specified by law.

Supreme court powers, Structure of the courts, Judicial precedence

Article 110

The Supreme Court of the Republic of Uzbekistan shall be the highest judicial body of civil, criminal and administrative law.

The rulings of the Supreme Court shall be final and binding throughout the Republic of Uzbekistan.

The Supreme Court of the Republic of Uzbekistan shall have the right to supervise the administration of justice by the Supreme Court of the Republic of Karakalpakstan, as well as by regional, city, town and district courts.

Article 111

Any economic and management disputes that may arise between entrepreneurs, enterprises, institutions and organizations based on different forms of ownership, shall be settled by the Higher Arbitration Court and other arbitration courts within their authority.

Supreme/ordinary court judge removal

Article 112

Judges shall be independent and subject solely to the law. Any interference in the work of judges in administering the law shall be inadmissible and punishable by law.

The immunity of judges shall be guaranteed by law.

The Chairmen and the members of the Supreme Court and the Higher Arbitration Court may not be deputies of the Oliy Majlis of the Republic of Uzbekistan.

Judges, including district ones, may not belong to any political parties or movements, nor hold any other paid posts.

Before the completion of his term of office, a judge may be removed from his post only on grounds specified by law.

Right to public trial

Article 113

Legal proceedings in all courts shall be open to the public. Hearings in camera shall be only allowed in cases prescribed by law.

Article 114

All court verdicts shall be binding on state bodies, public associations, enterprises, institutions, organizations, officials and citizens.

Trial in native language of accused

Article 115

All legal proceedings in the Republic of Uzbekistan shall be conducted in Uzbek, Karakalpak, or in the language spoken by the majority of the people in the locality. Any person participating in court proceedings who does not know the language in which they are being conducted, shall have the following right to be fully acquainted with the materials in the case, to have the services of an interpreter during the proceedings, and to address the court in his native language.

Right to counsel

Article 116

Any defendant shall have the right to defence.

The right to legal assistance shall be guaranteed at any stage of the investigation and judicial proceedings. Legal assistance to citizens, enterprises, institutions and organizations shall be given by the College of Barristers. Organization and procedure of the College of Barristers shall be specified by law.

Chapter 23. ELECTORAL SYSTEM

Claim of universal suffrage, Head of state selection, Secret ballot, Restrictions on voting

Article 117

All citizens of the Republic of Uzbekistan are guaranteed the equal right to vote. Every citizen shall have only one vote. Any citizen shall be eligible for election to public office.

The President and representative bodies of authority in the Republic of Uzbekistan shall be elected on the basis of universal, equal and direct suffrage by secret ballot. All citizens of the Republic of Uzbekistan under the age of 18 shall be eligible to vote.

Citizens who have been legally certified as insane, as well as persons in prison may neither vote nor be eligible for election. Any other direct or indirect infringement on the citizens’ voting rights is inadmissible.

A citizen of the Republic of Uzbekistan may not simultaneously be elected to more than two representative bodies.

The electoral procedure shall be specified by law.

Chapter 24. PROCURATOR’S OFFICE

Attorney general

Article 118

The Procurator-General of the Republic of Uzbekistan and the procurator subordinate to him shall supervise the strict and uniform observance of the laws on the territory of the Republic of Uzbekistan.

Subsidiary unit government, Attorney general

Article 119

The Procurator-General of the Republic of Uzbekistan shall direct the centralized system of agencies of the procurator’s office.

The Procurator of the Republic of Karakalpakstan shall be appointed by the highest representative body of the Republic of Karakalpakstan and subject to confirmation by the Procurator-General of the Republic of Uzbekistan.

The procurators of regions, districts, cities and towns shall be appointed by the Procurator-General of the Republic of Uzbekistan.

The term of office shall be 5 years for the Procurator-General of the Republic of Uzbekistan, the Procurator of the Republic of Karakalpakstan and procurators of regions, districts, cities and towns.

Attorney general

Article 120

The agencies of the Procurator’s Office of the Republic of Uzbekistan shall exercise their powers independently of any state bodies, public associations and officials, and shall be subject solely to the law.

While in office procurators shall suspend their membership in political parties and any other public associations pursuing political goals.

Organization, powers and procedure for the agencies of the Procurator’s Office shall be specified by law.

Attorney general

Article 121

On the territory of the Republic of Uzbekistan it is prohibited to set up and run any private, cooperative or other non-governmental agencies or their branches, independently conducting any operational work, investigations, inquiries or any other functions connected with combatting crime.

The law-enforcement agencies may enlist the assistance of public associations and citizens to safeguard law and order, as well as the rights and freedoms of citizens.

Chapter 25. FINANCE AND CREDITING

Article 122

The Republic of Uzbekistan shall have independent financial, monetary and credit systems.

The state budget of Uzbekistan shall consist of the national budget, the budget of the Republic of Karakalpakstan and local budgets.

Tax bills

Article 123

The Republic of Uzbekistan shall have a single taxation system. The right to determine taxes shall belong to the Oliy Majlis of the Republic of Uzbekistan.

Central bank

Article 124

The banking system of the Republic of Uzbekistan shall be directed by the Central Bank of the Republic.

Chapter 26. DEFENCE AND SECURITY

Article 125

The Armed Forces of the Republic of Uzbekistan shall be formed to defend the state sovereignty and territorial integrity of the Republic of Uzbekistan, as well as the peaceful life and security of its citizens.

The structure and organization of the Armed Forces shall be specified by law.

Article 126

The Republic of Uzbekistan shall maintain the Armed Forces to ensure its security at a level of reasonable sufficiency.

PART SIX. PROCEDURE FOR AMENDING THE CONSTITUTION

Constitution amendment procedure

Article 127

The Constitution of the Republic of Uzbekistan shall be amended by laws, passed by at least 2/3 of the deputies of the Oliy Majlis of the Republic.

Constitution amendment procedure

Article 128

The Oliy Majlis of the Republic of Uzbekistan may pass a law altering or amending the Constitution within six months of submission of the relevant proposal, with due regard for its nation-wide discussion. Should the Oliy Majlis of the Republic of Uzbekistan reject an amendment to the Constitution, a repeated proposal may not be submitted for one year.