CC BY
47
LEGAL SCIENCES
ANALYSIS OF THE NATIONAL LEGISLATURE OF THE REPUBLIC OF UZBEKISTAN ON CONSULAR RELATIONS Kadirova N. (Republic of Uzbekistan) АНАЛИЗ НАЦИОНАЛЬНОГО ЗАКОНОДАТЕЛЬСТВА РЕСПУБЛИКИ УЗБЕКИСТАН В СФЕРЕ КОНСУЛЬСКИХ ОТНОШЕНИЙ Кадирова Н. Р. (Республика Узбекистан)
Kadirova Nargiza Rashitovna / Кадирова Наргиза — преподаватель, кафедра государственного строительства и права, факультет международного права, Университет мировой экономики и дипломатии, г. Ташкент, Республика Узбекистан
Abstract: it comparatively analyzes the international experience and national legislature of Uzbekistan. The study also focuses upon new tasks standing before consular offices and also on demand for addressing the needs of globalization in consular affairs. Overview of the Basic Principles of the Foreign Policy of Uzbekistan. According to the Concept of foreign policy of the Republic of Uzbekistan foreign policy and diplomacy of Uzbekistan are based on "equality and mutual benefit, precluding any possibility of interference in internal affairs, infringement of the independence and sovereignty and the ideologization of international relations. " This principle approach is essential for an independent state. Regulatory and Legal Acts of Uzbekistan on Consular Relations. Bilateral and Multilateral treaties of Uzbekistan on Consular relations. Bilateral agreements (conventions) on consular issues play an important role in consular law. Bilateral treaties on mutual legal assistance and legal relations form a large part of a legal framework of consular relations of our country.
Аннотация: исследование сравнительно анализирует международный опыт и национальное законодательство Республики Узбекистан. Исследование фокусируется на новых задачах, стоящих перед консульскими учреждениями, а также на требованиях глобализации в консульских вопросах. Обзор базовых принципов внешнеполитической деятельности Республики Узбекистан. Внешняя политика и дипломатия Узбекистана строятся на основе «равноправия и взаимной выгоды, исключающих всякую возможность вмешательства во внутренние дела, ущемление независимости и суверенитета и идеологизации межгосударственных отношений». Такой принципиальный подход крайне важен для независимого государства. Двусторонние и многосторонние соглашения Республики Узбекистан в сфере консульского права. Нормативно-правовые акты Республики Узбекистан в сфере консульского права. В консульском праве большую роль играют двусторонние договоры (конвенции) по консульским вопросам. Двусторонние договоры о взаимной правовой помощи и правовых сношениях составляют значительную часть правовой базы консульских отношений нашей страны.
Keywords: international law, international relations, consular law, diplomatic law, humanity, consular relations, a foreign element, implementation, legal acts, consular conventions.
Ключевые слова: международное право, международные отношения, консульское право, дипломатическое право; человечество, консульские отношения, иностранный элемент, реализация, правовые акты, консульские конвенции.
After gaining sovereignty Uzbekistan started to independently conduct its foreign policy. It was based on the following standard principles: priority of national interests and norms of international law, noninterference in internal affairs of other states, resolution of all disputes in peaceful manner; taking into account the mutual interests to pursue one's own national interests, not to fall in sphere of influence of any Great Power, establish and develop mutual as well as multilateral external links on the basis of confidence, intensify cooperation in international economic and financial bodies.
So far Uzbekistan established diplomatic relations with more than 120 countries of the world. Forty two embassies of foreign countries, 1 Consulate General, 8 honorary consuls, 9 representatives of international organizations, 5 international financial organizations, 3 trade delegates with diplomatic status operating now in Tashkent. At the same time, there are 46 diplomatic and consular representatives of the Republic of Uzbekistan in foreign countries and international organizations, including permanent missions at the UN in New York and the UN European department and other international organizations in Geneva. Uzbekistan is a member of more than 100 international organizations, including the UN, SCO, CIS, CSTO, etc. Close relationships have been established and developing with the European Union and NATO are developing well [1].
Overview of the Basic Principles of the Foreign Policy of Uzbekistan
The Republic of Uzbekistan is not a party to all international treaties related to diplomatic and consular law. However, Uzbekistan's Constitution in its preamble recognizes "the primacy of generally recognized norms of international law"[2]. This means that the primacy of international law over domestic legal system of Uzbekistan is a fundamental constitutional principle. This fundamental position gives reason to conclude that even if the Republic is not a party to a convention in the field of diplomatic law, it may recognise them as rules of customary international law.
In Chapter IV ("Foreign policy"), Article 17 of the Constitution of the Republic of Uzbekistan it is mentioned that "the Republic of Uzbe istan shall have full ri hts in international relations. Its forei n policy shall be based on the principles of sovereign equality of states, non-use of force or threat of its use, inviolability of frontiers, peaceful settlement of disputes, non-interference in the internal affairs of other states and other universally recognized principles and norms of the international law. The Republic may form alliances, join unions and other interstate organizations or withdraw from proceeding from the ultimate interests of the state and the people, their well-being and security"[3].
Foreign policy and international activities of the Republic of Uzbekistan are based on the norms and principles of the Constitution, the Concept of foreign policy of the Republic of Uzbekistan[4], the Law "On International Treaties of the Republic of Uzbekistan"[5], the Law "On Defense"[6], the Law "On the military doctrine of the Republic of Uzbekistan"[7] and other leg islative acts, on the principles and purposes of the UN and OSCE, as well as obligations stemming from international treaties and agreements of Uzbekistan ratified by the Oliy Majlis.
According to the Concept of foreign policy of the Republic of Uzbekistan foreign policy and diplomacy of Uzbekistan are based on "equality and mutual benefit, precluding any possibility of interference in internal affairs, infringement of the independence and sovereignty and the ideolog ization of international relations." This principle approach is essential for an independent state.
Regulatory and Legal Acts of Uzbekistan on Consular Relations
The national regulatory and legal acts, reflecting the fundamental provisions of the diplomatic service, include the laws of the Republic of Uzbekistan "On the procedure for appointment and dismissal of heads of diplomatic missions of the Republic of Uzbekistan in foreign countries" [8] and "On the establishment of diplomatic classes and ranks for diplomatic staff of the Republic of Uzbekistan" [9] adopted on 3rd of July, 1992.
The decrees of the Cabinet of Ministers of the Republic of Uzbekistan, which are widely applicable legal acts, play a significant role in regulation of the diplomatic sphere.
Regulation on the Ministry of Foreign Affairs and the structure of its central office was approved by the Resolution of the Cabinet of Ministers "On organization and improvement of the activity of the Ministry of Foreign Affairs of the Republic of Uzbekistan" [10], which was adopted on 16th of March 1994. Decision affects all the major issues of the Ministry of Foreign Affairs and is the main legal act regulating the vital functions of the Foreign Office of Uzbekistan. On March 24, 2000 the Cabinet of Ministers adopted a special resolution №2102 "The position of the Republic of Uzbekistan's missions abroad" [11], which sets out the main tasks and functions of the embassies of Uzbekistan in foreign countries, the organization of their activities and structure.
The Government of Uzbekistan has developed some of the provisions of the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations with regard to the conditions of Uzbe istan in the decree "On the activity of diplomatic missions, consular institutions of foreign states, representative offices of international org anizations and their staff in the Republic of Uzbekistan" [12] adopted on May 8, 2001. The position of the diplomatic missions of foreign states in the Republic of Uzbekistan (paragraph 1.2) underlines that the staff of diplomatic missions must respect the laws and regulations of the Republic of Uzbekistan, which corresponds to paragraph 1 of Article 41 of the Vienna convention on diplomatic relations of 1961. Moreover, these duties are supplemented by the need to respect culture, traditions and customs of the people that develops and supplements the provisions of the Vienna convention on diplomatic relations.
Bilateral and Multilateral treaties of Uzbekistan on Consular relations
Bilateral agreements (conventions) on consular issues play an important role in consular law. There are 12 bilateral consular conventions between the Republic of Uzbekistan and the following foreign countries: Azerbaijan, Bulgaria, Georgia, Greece, China, Kyrgyzstan, Latvia, Poland, Russia, Turkey, Ukraine and Japan (from the USSR) [13].
In addition to the consular conventions between Uzbekistan and foreign countries there are also bilateral agreements on various issues of consular relations: the opening of independent consular offices, as a rule, on a reciprocal basis; on visa issues - on mutual trips of citizens, on fixed dates for issuing visas, visa-free trips on diplomatic and service passports; agreements on legal assistance in civil and family relations.
Bilateral treaties on mutual legal assistance and legal relations form a large part of a legal framework of consular relations of our country. There are 27 treaties on legal assistance and legal relations in civil, family, commercial affairs, mutual assistance in criminal matters and extradition between the Republic of Uzbekistan and other countries, such as Turkey, the Republic of Latvia, Georgia, Turkmenistan, the Kirghiz Republic, the Lithuanian Republic, the Republic of Kazakhstan, the Azerbaijan Republic, the People's Republic of China, Ukraine, the Republic of India, the Islamic Republic of Iran, the Republic of Tajikistan, the Islamic Republic of Pakistan, the Czech Republic, the Republic of Korea and the Republic of Bulgaria [14].
In the framework of the CIS Uzbekistan is a party to the Convention on legal assistance and legal relations in civil, family and criminal matters (Minsk, 22 January 1993), which entered into force on 19 May 1994.
Also in the framework of other international organizations Uzbekistan participates in: 1. The Hague Convention on Civil Procedure (The Hague, 1 March 1954.), which entered into force for the Republic of Uzbekistan on 2nd of December 1996; 2. New York Convention on Recognition and Enforcement of Foreign Arbitral Awards (New-York, 10 June 1958.), which entered into force for the Republic of Uzbekistan on 7th of May 1996. 3. Convention on Conciliation and Arbitration within the CSCE (Stockholm, 15 December 1992.). Entered into force for the Republic of Uzbekistan on 24th of March 1996 [15].
Analysis shows that these consular conventions have different volume (number of articles), but their structure is the same. As a rule, they consist of the preamble, definitions, and procedures for opening (establishment) consulates and consular offices and appointments of the heads of consular posts (consuls), the enumeration of the rights, privileges and immunities, consular functions, the final regulations (provisions).
The system of legal acts regulating consular activities, consular service of the Republic of Uzbekistan consists of: the Consular charter of the Republic of Uzbekistan, internal regulations for employees of foreign institutions of the Ministry of Foreign Affairs, Instruction on consular legalization, Instruction for registration of entry and exit visas foreign citizens and persons without citizenship in the Republic of Uzbekistan, Instruction on the procedure for the issuance and exchange of passports to the citizens of the Republic of Uzbekistan in diplomatic missions and consular offices of the Republic of Uzbekistan abroad, Instruction on the procedure of registration and accounting of citizens of the Republic of Uzbekistan abroad, Instruction on the procedure for issuing a certificate of return to the Republic of Uzbekistan, Instruction on registration of transit visas to foreign nationals among passengers of NAC "Uzbekistan Airways" and etc [16].
It is rightly pointed out in special judicial literature, that the progressive development and codification of consular law is a set of international and national legal and institutional measures aimed at systematization and improvement of standards of consular law, implemented by establishing and precise formulation of the content of the acting norms, the revision of outdated and the development of new standards of consular law, taking into account the needs of development of consular relations, and consolidate these norms in a single internally consistent manner in international or national legal acts.
In this regard, the Republic of Uzbekistan has also been active in the progressive development and codification of consular law, which is manifested in the expansion of bilateral consular conventions and agreements, as well as in the development of consular legislation of Uzbekistan. In this sense, the development and adoption of the Consular Charter of Uzbekistan became an important event in the codification of consular law of the country. The Consular Charter of Uzbekistan was approved in accordance with the Decree of the Oliy Majlis dated August 29, 1996, and entered into force from 1st of October 1996. However, at present we are working on a new edition of the Consular Charter.
It should be also noted that the adoption of the Resolution of the Cabinet of Ministers № 207 "On activity of diplomatic missions, consular institutions of foreign countries, representatives of international organizations and their employees in the Republic of Uzbekistan" dated May 8, 2001 was of a great significance in the progressive development and codification of consular law of the Republic of Uzbekistan. In accordance with the Article 46 of this Regulation (Annex №1-2) two documents that are relevant to the consular law were adopted: 1) Regulation on the diplomatic missions and consular institutions of foreign countries in Uzbekistan. 2) The procedure for accreditation of diplomatic missions, consular institutions of foreign countries, representatives of international organizations and their staff at the Ministry of Foreign Affairs of the Republic of Uzbekistan [17].
The mentioned above is a set of normative-legal acts which designate the consular legislation of Uzbekistan. However, there is a need for its further development, improvement and adoption of several new legal acts, in particular the Regulations on Consulate of the Republic of Uzbekistan, since in the national legislation there is a certain legal gap in this reg ard. It is advisable to adopt the Law "On Diplomatic Service", and to provide a section in it which would be dedicated to the organization and activities of the Consular Service of the Republic of Uzbekistan.
References
1. States with which the Republic of Uzbekistan established diplomatic relations. [Electronic resource]. URL: http://www.mfa.uz/en/cooperation/country/ (date of access: 11.10.2016).
2. Constitution of the Republic of Uzbekistan. [Electronic resource]. URL: http://constitution.uz/en/clause/index#section1/ (date of access: 7.10.2016).
3. Constitution of the Republic of Uzbekistan. [Electronic resource]. URL: https://www.gov.uz/en/constitution/ (date of access: 7.10.2016).
4. Foreign policy. [Electronic resource]. URL: http://www.mfa.uz/en/cooperation/policy/ (date of access: 7.10.2016).
5. The Law of the Republic of Uzbekistan 22.12.1995 g., №172-I (rev. 15.12.2005) "On international treaties of the Republic of Uzbekistan". [Electronic resource]. URL: http://www.lex.uz/pages/GetAct.aspx?lact_id=122232/ (date of access: 11.10.2016).
6. The Law of the Republic of Uzbekistan of 07.03.1992, №641 - XII (as amended on May 11, 2001.) "On Defense". [Electronic resource]. URL: http://lex.uz/pages/GetAct.aspx?lact_id=22317/ (date of access: 11.10.2016).
7. The Military Doctrine of the Republic of Uzbekistan on August 30, 1995 № 105-I. [Electronic resource]. URL: http://www.lex.uz/pages/GetAct.aspx?lact_id= 134026/ (date of access: 7.10.2016).
8. Law of the Republic of Uzbekistan "On the procedure for appointment and dismissal of heads of diplomatic missions of the Republic of Uzbekistan in foreign countries," G. 03.07.1992, №649-XII. [Electronic resource]. URL: http://www.lex.uz/pages/getpage.aspx?lact_id=19509/ (date of access: 7.10.2016).
9. Law of the Republic of Uzbekistan "On establishment of diplomatic classes and ranks for diplomatic staff of the Republic of Uzbekistan" 07.03.1992 G., №650-XII. [Electronic resource]. URL: http://www.lex.uz/pages/GetAct.aspx?lact_id=50372/ (date of access: 7.10.2016).
10. A list of key legal acts, Establishes the legal status of the Ministry of Foreign Affairs. [Electronic resource]. URL: http://www.mfa.uz/ru/about/legalacts/ (date of access: 7.10.2016).
11. The position of the Embassy of the Republic of Uzbekistan from March 24, 2000 № 102. [Electronic resource]: URL: http://lex.uz/pages/getpage.aspx?lact_id=269560/ (date of access: 7.10.2016).
12. The situation of the diplomatic missions and consular institutions of foreign states in the Republic of Uzbekistan on 8 may 2001 y. № 207. [Electronic resource]. URL: http://www.lex.uz/pages/GetAct.aspx?lact_id=324552/ (date of access: 7.10.2016).
13. Entry procedure to certain countries, in which the facilitated procedure of entrance for citizens of Uzbekistan is set up. [Electronic resource]. URL: http://www.mfa.uz/en/consular/easyvisa/ (date of access: 7.10.2016).
14. International treaties on mutual legal assistance and legal relations, signed by Uzbekistan [Electronic resource]. URL: http://www.mfa.uz/en/cooperation/legalrelations/ (date of access: 7.10.2016).
15. International cooperation. [Electronic resource]. URL: http://www.mfa.uz/en/cooperation/ (date of access: 7.10.2016).
16. Hamedov I. International documents and legal acts of the Republic of Uzbekistan for Consular Affairs, a training manual. Tashkent, 2011.
17. Regulation on the diplomatic missions and consular institutions of foreign states in the Republic of Uzbekistan on 8 may 2001 y. № 207. [Electronic resource]. URL: http://www.lex.uz/pages/GetAct.aspx?lact_id=324552/ (date of access: 7.10.2016).
