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A UNiVERSUM:
№ 5 (104)_экономика и юрпспгу.ссмцлч_май, 2023 г.
CONSTITUTIONAL LAW, CONSTITUTIONAL LITIGATION, MUNICIPAL LAW
DOI - 10.32 743/UniLaw.2023.104.5.15384
CONSTITUTIONAL GUARANTEE OF THE IMPLEMENTATION OF STATE POLICY IN THE FIELD OF EDUCATION IN THE REPUBLIC OF UZBEKISTAN
Bobiromon B. Kodirov
Vice-rector of the Tashkent Institute of Chemical Technology, doctor of legal sciences, associate professor, Republic Uzbekistan, Tashkent E-mail:[email protected]
КОНСТИТУЦИОННАЯ ГАРАНТИЯ РЕАЛИЗАЦИИ ГОСУДАРСТВЕННОЙ ПОЛИТИКИ В ОБЛАСТИ ОБРАЗОВАНИЯ В РЕСПУБЛИКЕ УЗБЕКИСТАН
Кодиров Бобиромон Бекмуродович
д-р юрид. наук, доцент, проректор Ташкентского химико-технологического института, Республика Узбекистан, г. Ташкент E-mail: [email protected]
ABSTRACT
This article considered describes the reforms carried out in the field of education in the Republic of Uzbekistan, the constitutional guarantees of the right of citizens to education, the privileges and opportunities created for them, the analysis and significance of the norms relating to education included in the new constitution
АННОТАЦИЯ
В данной статье рассмотрены реформы, проводимые в сфере образования в Республике Узбекистан, конституционные гарантии права граждан на образование, созданные для них привилегии и возможности, анализ и значение норм, касающихся образования, включенных в новую конституцию.
Keywords: constitution, education, constitutional guarantee, right to education, educational institutions, academic freedom.
Ключевые слова: конституция, образование, конституционная гарантия, право на образования, образовательные учреждения, академическая свобода.
Education policy plays an important role in the development of every country. It is known that education is a system of education and upbringing of a person, as well as a sum of acquired knowledge, skills, values, functions, experiences and qualifications. No state and society can be imagined without education. Only a country that recognizes education at the level of state policy and sets it as a priority will find progress.
Article 26 of the "Universal Declaration of Human Rights" adopted by the UN on December 10, 1948 indicates: "Everyone has the right to education. At least primary and general education should be free. Primary education should be compulsory. Technical and vocational education should be affordable for everyone, and higher education should be available to everyone based on their ability. Education should be aimed at perfecting the human personality and strengthening respect for human rights and freedoms. Education should promote mutual understanding, goodwill and friendship among all peoples, racial and religious groups and contribute to the peacekeeping activities of the
United Nations. Parents have preferential rights in choosing the type of education for their young children" [1] defined as this document, adopted by the UN, emphasizes the importance of education in activities related to ensuring human rights, international friendship and harmony, and maintaining peace.
Therefore, it is necessary to determine the most priority direction of the state policy related to education, to recognize the right to education as one of the natural rights of people and to implement it through the strict norms stipulated in the Basic Law of the country, to ensure and realize human rights should be directed. After birth, a person has the right to use general, secondary special and professional, higher education and other types of education, starting from preschool education. This is the basis for recognition as one of the natural rights of a person. Therefore, it is of urgent importance that the right to education, among other rights of citizens, is reflected in the Constitution of the country.
Библиографическое описание: Kodirov B. CONSTITUTIONAL GUARANTEE OF THE IMPLEMENTATION OF STATE POLICY IN THE FIELD OF EDUCATION IN THE REPUBLIC OF UZBEKISTAN // Universum: экономика и юриспруденция: электрон. научн. журн. 2023. 5(104). URL: https://7universum.com/ru/economy/archive/item/15384
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Article 41 of the Constitution of the Republic of Uzbekistan adopted on December 8, 1992 indicates that "Everyone has the right to education. Free general education is guaranteed by the state. School affairs are under state control" [2] defined as Although it has been thirty years since the adoption of the Constitution, despite the fact that fundamental changes and reforms were carried out in the field of education in the country during this period, no additions and amendments were made to this norm. In addition, in this constitutional norm, only general education, i.e. school education, was defined as the type of education. However, the education system in Uzbekistan is continuous and includes several types of education.
In recent years, large-scale changes have been taking place in the Republic of Uzbekistan in all spheres, including socio-political stability, freedom in economic spheres, border issues, exit and entry abroad, passport system, permanent registration authors are witnessing the implementation of a number of reforms aimed at ensuring standing and other human rights. Along with these achievements, special attention is being paid to the educational process, which is of great importance in the socio-economic development of the country.
If we consider the higher education system alone, it should be noted that unprecedented reforms have been implemented in this area as well. In particular, the number of higher education institutions in Uzbekistan was 77 in 2016, and by 2023, their number will exceed 200, opening the door to a wide range of opportunities for citizens to obtain higher education.
Also, by the decree of the President of the Republic of Uzbekistan dated October 8, 2019 No. PF-5847 "The concept of development of the higher education system of the Republic of Uzbekistan until 2030" [3] confirmed. In accordance with the concept, the National University of Uzbekistan and Samarkand State University, which are considered the largest higher education institutions in republic, will be the flagship of country's higher education institutions, at least 10 higher education institutions in the republic will be recognized by internationally recognized organizations (Quacquarelli Symonds World University Rankings, Times Nearer Education or Academic Ranking of World Universities) ranking in the list of the first 1,000 higher education institutions, including the National University of Uzbekistan and Samarkand State University in the list of the first 500 higher education institutions, the higher education system of Uzbekistan in Central Asia the tasks of turning it into a "hub" implementing international educational programs were defined.
Today, the degree of coverage of graduates with higher education has increased from 9% to 38%. The monthly salaries of professors and teachers working in higher education institutions have increased almost 3 times. Special norms have been defined in the legislation on raising the legal status of pedagogues. Organizational, academic and financial independence was granted to more than 40 state higher education institutions in the republic, and their powers were expanded, and wide opportunities were created for them to carry out effective activities and obtain high rating
indicators. Non-state higher education institutions were established in all regions, and at the same time their number reached 70. As a result, a healthy competitive environment was created between state and non-state higher education institutions.
Such comprehensive reforms include reviewing the existing legal framework of the education system, making appropriate changes and additions to them based on today's requirements, developing and implementing the necessary new norms, citizens' education required to strengthen the constitutional guarantee of ensuring the right to education and regulation of the education sector. In fact, as the state and society rapidly develop in the current period, it is natural that the need to make necessary changes and additions to the existing laws or to create new ones is increasing. That is why there was a need to make appropriate amendments and additions to the Constitution, which is the Basic Law of the Republic of Uzbekistan.
It should be noted that the new draft of the new Constitution, elaborated on the basis of more than 200,000 proposals sent by the public and international experiences with the involvement of experienced specialists and international experts from various fields, provided for a broader statement of norms related to education policy.
In particular, Article 50 of the newly revised Constitution indicates: "Everyone has the right to education. The state ensures the development of the continuous education system, its various types and forms, state and non-state educational organizations. The state creates conditions for the development of preschool education and upbringing. The state guarantees free general secondary education and primary professional education. General secondary education is compulsory. Pre-school education and upbringing, general secondary education are under state control. Educational organizations provide inclusive education and training for children with special educational needs.
In this norm, the right to education, which is one of the natural rights of citizens, is strengthened. Continuous education system, types and forms of education, especially the issue of development of nonstate educational organizations along with state educational organizations in order to create a competitive environment. Creating conditions for preschool education, along with general secondary education, attention is paid to the issue of primary professional education. Most importantly, the issue of inclusive education for children with special educational needs is noteworthy.
In addition, Article 51 of the newly revised Constitution indicates that "Citizens have the right to obtain higher education at the expense of the state on the basis of selection in state educational institutions. Higher education organizations have the right to academic freedom, self-management, research and teaching freedom in accordance with the law.
Recently, the number of places allocated for the state grant in higher education institutions has decreased, while the number of places on a fee-contract
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basis is increasing it is important that rights and opportunities are guaranteed.
Also, another aspect of the norm provided for in this article is that the establishment of norms such as academic freedom and self-management, research and teaching freedom for higher education organizations created ample opportunities for higher education institutions to conduct independent activities.
Most importantly, in Article 52 of the newly revised Constitution, the work of the teacher is recognized as the basis for the development of society and the state, the formation and upbringing of a healthy, well-rounded generation, the preservation and enrichment of the spiritual and cultural potential of the people, and the
honor and dignity of state teachers, protection, their social and material well-being, professional growth, etc., are worthy of special recognition as the prestige of the teaching profession in the country, the highest value of respect and respect for teachers.
As a conclusion, it should be noted that the norms of the educational policy provided for in the newly revised Constitution ensure the right of every citizen living in the Republic of Uzbekistan to receive education, expand the capabilities of educational organizations to realize this right, state and non-state educational organizations It will undoubtedly serve to create a healthy competition environment and raise the status of teachers.
References:
1. Boboyev H.B. and others. Human rights. - Tashkent: Uzbekistan, 1997. - 189 p.
2. Constitution of the Republic of Uzbekistan. - Tashkent: Uzbekistan, 2017. - 40 p.
3. Decree No. PF-5847 of the President of the Republic of Uzbekistan dated October 8, 2019 "On approval of the concept of development of the higher education system of the Republic of Uzbekistan until 2030" // National database of legal documents, 09.10.2019, 06 No. /19/5847/3887.
