Constitution of Uzbekistan

Uzbekistan

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The Constitution of Uzbekistan was originally adopted on 8 December 1992 and subsequently modified on 28 December 1993. It is the supreme law of the Republic of Uzbekistan (Article 15).

Overview

The Constitution of Uzbekistan nominally creates a separation of powers among a strong presidency, the Oly Majlis, and a judiciary, though Uzbekistan remains among the most authoritarian states in Central Asia.^[1]

The president, who is directly elected to a five-year term that can be repeated once, is the head of state and is granted supreme executive power by the constitution. As commander in chief of the armed forces, the president also may declare a state of emergency or of war. The president is empowered to appoint the prime minister and full cabinet of ministers and the judges of the three national courts, subject to the approval of the Oly Majlis, and to appoint all members of lower courts. The president also has the power to dissolve the parliament, in effect negating the Oly Majlis's veto power over presidential nominations in a power struggle situation.^[1]

Deputies to the unicameral Oly Majlis, the highest legislative body, are elected to five-year terms. The body may be dismissed by the president with the concurrence of the Constitutional Court; because that court is subject to presidential appointment, the dismissal clause weights the balance of power heavily toward the executive branch. The Oly Majlis enacts legislation, which may be initiated by the president, within the parliament, by the high courts, by the procurator general (highest law enforcement official in the country), or by the government of the Autonomous Province of Karakalpakstan. Besides legislation, international treaties, presidential decrees, and states of emergency also must be ratified by the Oly Majlis.^[1]

The national judiciary includes the Supreme Court, the Constitutional Court, and the High Economic Court. Lower court systems exist at the regional, district, and town levels. Judges at all levels are appointed by the president and approved by the Oly Majlis. Nominally independent of the other branches of government, the courts remain under complete control of the executive branch. As in the system of the Soviet era, the procurator general and his regional and local equivalents are both the state's chief prosecuting officials and the chief investigators of criminal cases, a configuration that limits the pretrial rights of defendants.^[1]

Although the language of the constitution includes many democratic features, it can be superseded by executive decrees and legislation, and often constitutional law simply is ignored.^[1]

General provisions

Article 1

Uzbekistan is a sovereign democratic republic. The names "Republic of Uzbekistan" and "Uzbekistan" are equivalent.

Article 2

The state expresses the will of the people and serves the interests of the people. State organs and state officials are answerable to society and the citizens.

Article 3

The national border and the territory of Uzbekistan are inviolable and indivisible.

Article 4

The state language of the Republic of Uzbekistan is the Uzbek language. Uzbekistan respects the languages, customs, and traditions of nationalities and ethnic groups that live on its territory and creates conditions for their development.

Article 6

The capital of Uzbekistan is the city of Tashkent.

Article 8

The people of Uzbekistan consists of the citizens of the Republic of Uzbekistan irrespective of their nationality.

Article 10

Only the National Assembly (Olii Majlis) and the President of the Republic, elected by the people, can act on behalf of the people of Uzbekistan. No part of society, political party, public association, movement, or individual may act on behalf of the people of Uzbekistan.

Article 11

The state power in Uzbekistan is divided into legislative, executive, and judicial branches.

Article 12

Public life in the Republic of Uzbekistan develops on the basis of diversity of political institutions, ideologies, and opinions. No single ideology may be established as a state ideology.

Article 13

Democracy in the Republic of Uzbekistan is based on general human principles, which assign the highest value to man, to human life, to freedom, honor, dignity, and other inalienable rights. Democratic rights and freedoms are protected by the Constitution and the laws.

Article 14

The state bases its activity on the principles of social justice and legality in the interest of well-being of man and society.

Economic principles

Article 36

Everyone has the right to own property. The secrecy of bank deposits and the right of inheritance are guaranteed by law.

Article 53

The economy of Uzbekistan, oriented toward the development of market relations, is based on property in various form of ownership. The state guarantees the freedom of economic activity, entrepreneurship, and work subject to priority of consumer rights, equality, and legal protection for all forms of property. Private property, alongside other forms of property, is inviolable and is protected by the state. An owner may be deprived of his property only by legal process.

Article 55

The land, the mineral resources, the water, the animal and plant kingdom, and other natural resources constitute national wealth, which is subject to efficient and conscientious use and is protected by the state.

Other chapters

• Human rights, freedoms, and obligations are the subject of Chapters V through XI (Articles 18-52)
• Social and family institutions are the subject of Chapters XIII and XIV (Articles 56-67)
• The legislative branch (Olii Majlis) is dealt with in Chapter XVIII (Articles 76-88)
• The institution of the President is the subject of Chapter XIX (Articles 89-97)
• The executive branch (the Cabinet of Ministers) is the subject of Chapter XX (Article 98)
• Local government is dealt with in Chapter XXI (Articles 99-105)
• The judicial branch is the subject of XXII and XXIV (Articles 106-116, 118-121)
• The electoral system and the procedure for changing the Constitution are described in Articles 117 and 127-128.

References

1. ^ ^{a b c d e} Nancy Lubin. "The Constitution". Uzbekistan: A country study (Glenn E. Curtis, ed.). Library of Congress Federal Research Division (March 1996).  This article incorporates text from this source, which is in the public domain.

• The Constitution of the Republic of Uzbekistan, in: Constitutions of the Participating Countries of the CIS, Russian Institute of Legislation and Comparative Law, Normal Publishing House, Moscow (2001), pp. 593-626. (Russian)
• Constitution of the Republic of Uzbekistan with 2003 amendments