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CONTENT
Law of the Republic of Uzbekistan. ON THE ADOPTION OF THE CONSTITUTION OF
THE REPUBLIC OF UZBEKISTAN
Law of the Republic of Uzbekistan. PROCLAIMING THE DATE OF ADOPTION OF THE NEW CONSTITUTION OF THE REPUBLIC OF UZBEKISTAN A NATIONAL HOLIDAY
Law of the Republic of Uzbekistan. ON THE PROCEDURE FOR PUTTING THE CONSTITUTION OF THE REPUBLIC OF UZBEKISTAN INTO FORCE
PREAMBLE
Part one
FUNDAMENTAL PRINCIPLES
Chapter 1. State Sovereignty
Chapter 2. Democracy
Chapter 3. Supremacy of the Constitution and the Law
Chapter 4. Foreign Policy
Part two
BASIC HUMAN AND CIVIL RIGHTS, FREEDOM AND DUTIES
Chapter 5. General Provisions
Chapter 6. Citizenship
Chapter 7. Personal Rights and Freedoms
Chapter 8. Political Rights
Chapter 9. Economic and Social Rights
Chapter 10. Guarantees of Human Rights and Freedoms
Chapter 11. Duties of Citizens
Part three
SOCIETY AND THE INDIVIDUAL
Chapter 12. The Economic Foundation of Society
Chapter 13. Public Associations
Chapter 14. Family
Chapter 15. Mass Media
Part four
ADMINISTRATIVE AND TERRITORIAL STRUCTURE AND STATE SYSTEM
Chapter 16. Administrative and Territorial Structure of the Republic of Uzbekistan
Chapter 17. Republic of Karakalpakstan
Part five
ORGANIZATION OF STATE AUTHORITY
Chapter 18. Oliy Majlis of the Republic of Uzbekistan
Chapter 19. The President of the Republic of Uzbekistan
Chapter 20. Cabinet of Ministers
Chapter 21. Fundamental Principles of Local Bodies of State Authority
Chapter 22. Judicial Authority in the Republic of Uzbekistan
Chapter 23. Electoral System
Chapter 24. Procurator's Office
Chapter 25. Finance and Crediting
Chapter 26. Defence and Security
Part six
PROCEDURE FOR AMENDING THE CONSTITUTION ON THE ADOPTION OF THE CONSTITUTION OF THE REPUBLIC OF UZBEKISTAN
The Supreme Council of the republic of Uzbekistan has decreed the following:
The Draft Constitution of the Republic of Uzbekistan presented by the Constitutional Commission, shall be approved as a whole.
The Constitution of the Republic of Uzbekistan shall go into effect on December 8, 1992.
PROCLAIMING THE DATE OF ADOPTION OF THE NEW CONSTITUTION OF THE REPUBLIC OF UZBEKISTAN, A NATIONAL HOLIDAY
The Supreme Council of the Republic of Uzbekistan has decreed the following:
In commemoration of adopting the Constitution of the independent Republic of Uzbekistan, December 8, the
day on which the Constitution was adopted, shall be proclaimed a national holiday - the Constitution Day of the Republic of Uzbekistan.
December 8 shall be an official day off.
ON THE PROCEDURE FOR PUTTING THE CONSTITUTION OF THE REPUBLIC OF UZBEKISTAN INTO FORCE
The Supreme Council of the Republic of Uzbekistan has decreed the following:
1. The laws of the Republic of Uzbekistan and other acts passed by bodies of state authority prior to December 8, 1992, shall retain their force as long as they do not oppose to the
Constitution of the Republic of Uzbekistan.
2. Until the election of the Oliy Majlis. (Supreme Assembly), the Supreme Council of the Republic of Uzbekistan shall exercise all powers vested in the Oliy Majlis by the Constitution of
the Republic of Uzbekistan.
The Presidium of the Supreme Council of the Republic of Uzbekistan and People's Deputies of the republic of Uzbekistan shall retain their powers until the
election of the Oliy Majlis in accordance with the new Law on Elections to the Oliy Majlis of the Republic of Uzbekistan.
The Constitutional Supervision Committee of the Republic of
Uzbekistan shall retain its powers until the adoption of the Law on the Constitutional Court of the republic of Uzbekistan and the election of the Constitutional Court.
3. The Higher Arbitration Court of the republic of Uzbekistan, and arbitration courts of the republic of Karakalpakstan and the regions of the Republic of Uzbekistan shall be transformed
respectively into the Higher Economic Court of the republic of Uzbekistan and the economic courts of the Republic of Karakalpakstan and the regions.
The functions of the Chairmen, Deputy
Chairmen and judges of the economic courts shall be performed by the earlier elected or appointed Chairmen, Deputy Chairmen and arbitrators of the arbitration courts, until these positions
are elected or appointed in a prescribed manner.
4. The Cabinet of Ministers, as well as representative, executive and administrative branches of the local authorities shall exercise the powers vested in them by the Constitution of the
Republic of Uzbekistan and the legislative acts passed prior to the adoption of the Constitution of the Republic of Uzbekistan as long as they uphold the Constitution of the Republic of
Uzbekistan.
5. Courts, agencies of the Procurator's Office and other state bodies shall exercise the powers vested in them by the Constitution of the republic of Uzbekistan, and shall be subject to
the laws and legislative acts passed prior to the adoption of the present Constitution as long as they uphold the Constitution of the Republic of Uzbekistan.
New appointments of
regional, city and district judges shall be made in accordance with the procedure prescribed by the newly adopted Constitution of the Republic of Uzbekistan.
6. Tile Presidium of the Supreme Council of the Republic of Uzbekistan shall determine the procedure for bringing the legislation of the Republic of Uzbekistan in conformity with the
Constitution of the Republic of Uzbekistan. All the laws envisaged by the Constitution shall be passed within two years. The Presidium of the Supreme Council shall draft the law on
elections to the Oliy Majlis of the Republic of Uzbekistan during 1993 and submit it for a nationwide discussion.
7. In accordance with the Law of the Republic of Uzbekistan adopted on December 8, 1992 "Proclaiming the Date of Adoption of the New Constitution of the Republic of Uzbekistan, a
National Holiday", Article 77 in the Code of Labor Laws of the Republic of Uzbekistan, after the words "September 1 - Independence Day", shall be supplemented with the words
"December 8 - Constitution Day of the Republic of Uzbekistan".
8. The Constitution (Fundamental law) of the Republic of Uzbekistan of 1978 shall be deemed as having lost its force as of December 8, 1992.
President of the republic of Uzbekistan
I. KARIMOV
City of Tashkent
December 8, 1992
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
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.
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.
Article 5. The Republic of Uzbekistan shall have its state symbols - the flag, the emblem, and the
anthem-sanctioned by the law.
Article 6. The capital of the Republic of Uzbekistan shall be the city of Tashkent.
Chapter 2. Democracy
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.
Article 9. Major matters of public and
state life shall be submitted for a nationwide discussion and put to a direct vote of the people (a referendum). The procedure for holding referendums shall be specified by law.
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.
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, honor, 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
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
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, nonuse 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 interstate 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
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.
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
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.
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
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.
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 defense 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.
Article 27. Everyone shall be entitled to protection against encroachments on his honor, 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.
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.
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.
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.
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
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.
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.
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.
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
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.
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 labor and protection against unemployment in accordance with the
procedure prescribed by law.
Any forced labor shall be prohibited, except as punishment under the sentence of a court, or in some other Instances specified by law.
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.
Article 39. Everyone shall have
the right to social security in old age, in the event of disability and loss of the breadwinner 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.
Article 40. Everyone shall have the right to receive skilled medical care.
Article 41.
Everyone shall have the right to education. The state shall guarantee free secondary education. Schooling shall be under state supervision.
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.
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.
Article 46. Women and men shall have equal rights.
Chapter 11. Duties of Citizens
Article 47. All citizens shall perform the duties established by the Constitution.
Article 48. All citizens shall be obliged to observe the
Constitution and laws, and to respect the rights, freedoms, honor and dignity of others.
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.
Article 50. All citizens shall protect the environment. Article 51. All
citizens shall be obliged to pay taxes and local fees established by law.
Article 52. Defense 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
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 labor 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.
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.
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 socioeconomic rights and interests of the working people.
Membership in trade unions is optional.
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.
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
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.
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 favor.
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
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
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.
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.
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.
Article 74. The Republic of
Karakalpakstan shall have the right to secede from the Republic of Uzbekistan on the basis of a nationwide 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
Article 76. The highest state
representative body is the Oliy Majlis (the Supreme Assembly) of the Republic of Uzbekistan. This body exercises legislative power.
Article 77. The Oliy Majlis of the Republic of
Uzbekistan shall consist of 150 deputies, elected by territorial constituencies on a multiparty 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.
Article 78. The exclusive powers of the Oliy Majlis of the Republic of Uzbekistan shall include:
1) the adoption and amending of the Constitution of the Republic of Uzbekistan;
2) 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) 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) 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) 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) election of the Constitutional Court of the Republic of Uzbekistan;
13) 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) 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 Ministers, the Deputy Prime Ministers and the members of
the Cabinet of Ministers;
17) ratification of the decrees of the President of the Republic of Uzbekistan on the appointment and removals of the Procurator-General of the Republic of
Uzbekistan and his Deputies;
18) 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) 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) 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) 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.
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.
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.
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.
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.
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.
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 fop 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.
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.
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.
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
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.
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 preceding 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.
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.
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) 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) represent the Republic of Uzbekistan in domestic matters and in international relations;
4) conduct negotiations, sign treaties and agreements in behalf of the Republic of
Uzbekistan, and ensure the observance of the treaties and agreements signed by the Republic and the fulfillment of its commitments;
5) receive letters of credence and recall from diplomats and other representatives accredited to him;
6) appoint and recall diplomats and other representatives of the Republic of
Uzbekistan to foreign states;
7) 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) 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) 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) appoint and dismiss judges of regional, district, city and arbitration courts;
12) 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 honor and dignity of a khokim;
13) suspend and repeal any acts passed by the bodies of state administration or khokims;
14) 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 Presidents shall sign the law;
15) 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) 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) 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 defense against aggression, and submit the decision to the Oliy Majlis of the Republic of Uzbekistan for confirmation;
18)
award orders, medals and certificates of honor of the Republic of Uzbekistan, and confer qualification and honorary titles of the Republic of Uzbekistan;
19) rule on matters of citizenship of the Republic of Uzbekistan and on granting political asylum;
20) 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 exercised other powders vested in him.
The President shall not have the right to transfer his powers to a state body or official.
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.
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.
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
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
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 centers, and
city districts. They shall act upon all matters within their authority, in accordance with the interests of the state and citizens.
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.
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.
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 centers 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 aulls (villages), as well as of residential
neighborhoods (makhallas) 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.
Article 106. The judicial authority in the republic of Uzbekistan shall function independently from the legislative and
executive branches, political parties and public organizations.
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.
Article 108. The Constitutional
Court of tile 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.
Article 109. The Constitutional Court of the Republic of Uzbekistan shall:
1) 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 interstate treaties and other documents;
2) 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 judgments 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.
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.
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.
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.
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.
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
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
Article 118. The Procurator-General of the Republics 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.
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.
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.
Article 121. On the territory of the Republic of Uzbekistan it is prohibited to set up and run any
privates 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.
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.
Article 124. The banking system of the Republic of Uzbekistan shall be directed
by the Central Bank of the Republic.
Chapter 26. Defense 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
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.
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 nationwide 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.
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