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7THE NEED AND IMPORTANCE OF ADOPTING THE CONSTITUTION IN THE NEW EDITION
Makhmudova Khurmat Mukhtorovna
Bukhara State University, Department Of Education Of Jurisprudence https://doi.org/10.5281/zenodo.10884749
Abstract. This article states that the Constitution is the main law of the state and it defines the structure of the state, the system of authorities and governing bodies, their authority and the order of their formation, the electoral system, the rights andfreedoms of citizens, the relationship between society and the individual, as well as the judicial system and the state and society. about the fact that it is the most important factor that determines mutual relations and that working in the interests of the people is the most important source that determines the superiority of the human factor over everything else, as well as The new version of the Constitution of the Republic of Uzbekistan was adopted necessity and importance of doing It is a vital necessity arising from the evolutionary development of the society of Uzbekistan , and this work is an extremely important issue for us to determine our next steps as a country, a nation and a people . our achievements, in particular, the removal of hundreds of restrictions in the fields of economy, human rights, justice, freedom of speech and religion, social protection, solving problems in cash, currency, credit issues, 25 years between us and our neighbors about the adoption due to the need to ensure the constitutional protection of the "melt of the ice " and other positive actions, and about the adoption of the new version of the Constitution of the Republic of Uzbekistan and the comprehensive measures to convey and explain its meaning and importance to the general public important strategic and statistical information on the implementation, opinions, as well as suggestions and recommendations in ensuring the priority and implementation of the Constitution and laws issues are described.
Keywords: constitution, Amir Temur, "Constitutions", Supreme Council, Constitutional Commission, constitutional reform, "man - society - state", "Rule of Miranda", "Habeas corpus", Family institute , Privatization, Pedagogue, Third Renaissance, Referendum, sovereign, democratic, legal, social and secular state, supreme legal power, direct, Privilege, "Street law ", "My Constitution! " , the People's Constitution.
INTRODUCTION. The Constitution (Latin "Constitution" - structure, order) is the basic law of the state. It defines the structure of the state, the system of power and management bodies, their authority and the order of their formation, the electoral system, the rights and freedoms of citizens, the relationship between society and the individual, as well as the judicial system and the relationship between the state and society.
The term "Constitution" was known as early as Ancient Rome (a law called the Imperial Constitution). Amir Temur's "Tuzuklar" had the character of a constitutional document of a special form typical of the civilization of Eastern and Asian countries. Along with Sharia laws, it had a strong influence on the fate of the peoples of the Central Asian region.
Looking at the complex and important and at the same time honorable annals of the creation of our Basic Law, we are sure that the Constitution of Uzbekistan is the result of our people's long search for independence. First of all, three thousand years of national statehood experience was relied upon in the construction of the constitutional "building". Today's Uzbekistan embodies the
ancient Khorezm and Sogdiya, Karakhanids, Khorezmshahs, Amir Temur and Timurids, Uzbek khanates, our enlightened ancestors, historical traditions of our people and their centuries-old dream of an independent state. In addition, based on our interests and aspirations, our Basic Law was created taking into account the advanced constitutional experience accumulated by 97 countries of the East and West, South and North.
When adopting the Constitution of the Republic of Uzbekistan, first of all, by the decision of the Supreme Council, on June 21, 1990, under the chairmanship of the First President of the Republic of Uzbekistan, Islam Karimov, a Constitutional Commission was formed, which included 64 members of statesmen, deputies, and experts, and the draft Constitution was was prepared by this commission for more than 2 years.
With the start of the work of the Constitutional Commission, the first President directly directed the preparation of the draft Basic Law, which adequately reflects the unique aspects and characteristics of our country, fully meets international standards, takes into account the world experience, the achievements of democracy and the constitutional legislation of the most developed countries.
In the implementation of these tasks, the First President showed himself as a great state and public figure, a talented political leader. In this sense, the initiator, inspirer and main author of the Constitution of Uzbekistan is the President1 of the country.
August 31, 1991 on the date "Uzbekistan Republic of independence" announcement done and that's it on "Uzbekistan Republic of state independence basics about" constitutional the law acceptance done. It contained a number of important articles that reflected the core provisions of the future Constitution. This Constitutional Law served as a small Constitution for us until the adoption of our main Law, that is, until December 8, 1992.
The first draft of the Constitution was ready on September 26, 1992 and was published in the press on the same day. After the announcement of the project, its public discussion took a very wide shape. These open discussions took place from the end of September to the beginning of December 1992 in the spirit of political activity and creative enthusiasm of citizens and became an effective and practical school for the development of democracy in Uzbekistan.
The Constitutional Commission received about 600 letters with comments.
More than one hundred articles on the draft Constitution were published in the press of the republic itself. The number of suggestions made by our citizens exceeded 5 thousand.
The draft constitution was published for public discussion in the press for the second time, taking into account all proposals. The draft constitution was revised and reworked based on the suggestions received during the discussions. Then, on November 21, 1992, the draft Constitution was published in newspapers for the second time to continue the public discussion. About 80 changes, additions and clarifications were proposed to the draft Constitution submitted for discussion at the session of the Supreme Council. On December 8, 1992, after the draft was discussed item by item by the deputies of the parliament, our General Council was adopted, consisting of the introduction, 6 sections, 26 chapters, and 128 articles. Since then, December 8 has been declared a public holiday.
During the past period, the parliament of our country adopted 8 constitutional laws, 15 codes, more than 600 laws, ratified more than 200 multilateral international agreements in accordance with the norms of the Constitution, and thus a comprehensive legal mechanism for the
implementation of our Basic Law was created. Its effectiveness has been demonstrated for 31 years, and today it has been recognized by the world community.
MAIN PART. LITERATURE ANALYSIS AND METHODOLOGY.
The Republic of Uzbekistan, Shavkat Mirziyoyev, spoke about the constitutional reform for the first time in his speech at the inauguration ceremony on November 6, 2021, in connection with the adoption of the new version of the constitution. In December of the same year, on the eve of the Constitution Day, the head of state emphasized the need to "think seventy times, not seven times, when solving such an important and strategic task as renewing the Constitution. "He listed nine important points about the need to amend" the Constitution2 .
"I think we all understand that a new constitutional space and a stronger legal framework are needed to implement the tasks reflected in the development strategy, which are of great importance in building a fair and people-friendly state. In this sense, it is becoming an important task to adapt our Basic Law to today's reality in society, to the logic of our intense reforms, and to create a solid legal foundation for the development strategy of New Uzbekistan.
The fact that this issue was specifically mentioned in the proposals made by our citizens, the general public, and representatives of political parties at the meetings held before the presidential election this year puts constitutional reforms on the agenda as an objective necessity. This is especially evident in the following cases" - he noted3 .
First of all, it is necessary to change the principle of "state-society-man" that was used before to "man-society-state" and strengthen it in our national legislation and legal practice.
Secondly, in the process of economic reforms, ensuring human interests should be the main criterion. This is the most important condition for building a people-friendly state.
Thirdly, within the framework of the noble idea "Society is the initiator of reforms", constitutional strengthening of the place and status of civil society institutions in our Basic Law is also a need of the times.
Fourthly, in our General Assembly, we need to define the constitutional foundations for the development of the institution of the family, to convey our noble human values to future generations, and to further strengthen inter-ethnic harmony.
Fifthly, today, when our children are emerging as creators of New Uzbekistan, our Constitution contains the issue of state policy in the field of youth, comprehensive support of our sons and daughters, their rights and duties in order to fully ensure the rights and interests of young people. should be reflected at the constitutional level.
Sixth, now Uzbekistan is boldly moving towards building a social state and a just society. Therefore, I think that the time has come to enshrine the principle of "New Uzbekistan - a social state" as a constitutional provision.
Seventh, in order to increase the effectiveness of the current system for the protection of human rights, it is necessary to reflect the issues of preventing child labor, reliable protection of the rights of the disabled and representatives of the elderly generation in our Constitution.
Eighth, currently, many developed countries, taking into account the global changes in nature, include special chapters on ecology in their constitutions. In the Constitution of Uzbekistan, legal norms related to this urgent issue should occupy a priority place.
Ninthly, it is desirable to strengthen the issues of development of kindergarten, school, higher education and science, which are the four integral links of the Third Renaissance, at the constitutional level.
Of course, in solving the extremely important and strategic task of renewing the Constitution, we need to think seventy times, not seven times, consult with our people in every way, thoroughly study the best practices of our country and the world, and make a clear decision. was kidding.
On adoption of the new constitution suggestions and needs are approved, On May 20, 2022, in the meeting hall of the Legislative Chamber, at the joint meeting of the Council of Parliamentary Chambers dedicated to the discussion of constitutional reforms, on the formulation of proposals and implementation of organizational measures regarding the introduction of amendments and additions to the Constitution of the Republic of Uzbekistan The implementation of the constitutional commission was formed. According to it, the application of the commission is formed as follows.
There are 46 members of the commission, 10 of whom are women. Accordingly, 22 deputies of the Legislative Chamber and 19 members of the Senate were involved 4 .
Shavkat Mirziyoyev met with members of the Constitutional Commission on June 20. The head of state announced that a referendum will be held to adopt the draft of the new Constitution.
On adoption of the new constitution At the meeting, the president also put forward a number of proposals to include a number of norms in the basic law. Including; In the direction of the rights and freedoms of citizens:
A citizen of Uzbekistan has the right to freely move around the country, freely choose a place of residence or residence (propiska restrictions are never restored);
every citizen is guaranteed the right to leave and return without obstacles; privacy is guaranteed;
forced labor and child labor are not allowed;
every person has the right to work in comfortable working conditions, to receive a decent wage for his work;
the minimum wage should be enough for a person and his family to live. Business and land issues:
The results of personalization cannot be revised or canceled;
the state should create all conditions for the free movement of goods, services, labor and financial resources, the development of domestic and international trade;
entrepreneurs have the right to carry out any activity not prohibited by law, to receive an unlimited amount of income;
the state must provide a favorable business and investment environment and conditions for the development of private entrepreneurship, protect free and fair competition, and guarantee that monopolization in economic activity will not be allowed;
land may be private property; agricultural land and forest fund remain under state ownership and are given to business entities on the basis of a lease agreement. In the field of justice:
"Rule of Miranda": when arresting a person, it is necessary to explain in simple language his rights and the reason for arrest;
Institution of "Habeas corpus": a person cannot be detained for a maximum of 48 hours pending a court decision;
the death penalty is prohibited;
the conviction of a person and the legal consequences arising from it cannot be the basis for limiting the rights of his relatives;
it is necessary to ensure humane treatment of prisoners and their dignity; measures of legal influence applied to a person in consideration of cases of administrative, civil, economic, criminal liability and other areas - should be sufficient to achieve the legal goal and provide the person with as much relief as possible;
no one should be deprived of housing without a court order; when the building falls into disrepair, compensation corresponding to its value must be paid before demolition;
entering a house or other property of a person without his permission, inspecting and searching them is allowed only in the circumstances and in the order established by law. State administration:
A group of citizens of not less than 100,000 people is given the right to submit their legislative proposals to the Legislative Chamber of the Oliy Majlis; the powers of governors and local councils are separated;
public bodies should be open, transparent, accountable, compact and economical; The presidential decree on the appointment of the head of the anti-corruption agency is approved by the Senate;
The power to appoint and dismiss the chairman of the Accounts Chamber is transferred from the president to the Senate;
Neighborhoods do not belong to the system of state authorities, they have the authority to independently solve locally important issues. Foreign policy:
Uzbekistan pursues a peaceful and friendly policy with all countries, first of all with its close neighbors;
Uzbekistan's foreign policy is based on principles and norms of respect for human rights and freedoms, territorial integrity of states;
the state should maintain and develop regular relations with citizens of Uzbekistan living and working abroad.
Family Institute:
A family is formed on the basis of the voluntary consent and equal rights of a woman and a man (called "parties" in the current Constitution);
it is prohibited to refuse to hire women, dismiss them and reduce their wages due to pregnancy or having a young child;
families with many children are given privileges and social guarantees; parents have the right and are obliged to take care of their children's upbringing, education, health, full and complete development until they reach adulthood; the state should develop physical education and sports;
the state should create conditions for raising young people to become morally and spiritually mature people.
Education, medicine, ecology:
It is not allowed to interfere with the professional activities of teaching staff, to prevent them from fulfilling their service obligations;
the state should create the necessary conditions for the development of preschool education, school and higher education systems, various forms of ownership, including private educational institutions;
The general norm that "everyone has the right to use qualified medical services" will be expanded;
ecological and legal norms will be expanded.
Rights of persons with disabilities:
It is prohibited to exclude persons with disabilities in any way, to limit their rights, to refuse to create conditions for the use of facilities and services;
the state creates conditions for ensuring their rights and freedoms;
inclusive education is organized for children who need special attention.
Also, the president proposed to include a number of norms on poverty reduction and social protection in the Constitution.
On March 10, 2023, the Legislative Chamber of the Oliy Majlis adopted the Law on the new Constitution of the Republic of Uzbekistan. The law will be voted on in a national referendum. The referendum was scheduled for Sunday, April 30.
In the referendum ballot: "Do you accept the constitutional law of the Republic of Uzbekistan on the Constitution of the Republic of Uzbekistan?" it was written.
The next meeting of the Constitutional Commission was held in connection with the formation of proposals for amendments and additions to the constitution and the implementation of organizational measures before the referendum. Members of the Constitutional Commission, experts, deputies and media representatives took part in it.
At the meeting, information was given about the work carried out in connection with receiving and considering proposals for amendments and additions to the Constitution of the Republic of Uzbekistan, and the given proposals were discussed in detail. To date, more than 35,000 proposals have been received by the proposal working group, most of them were sent in electronic form, the rest were sent to the local councils of local councils of people's deputies orally or in writing, by mail and through print media, television, radio.
In these proposals, the foreign policy of Uzbekistan should be based on the principles and norms of respect for human rights and freedoms. The issues of constitutional strengthening of the fact that every person has the right to protect his rights and freedoms in all ways not prohibited by law were put forward.
Also, in accordance with the legislation of the Republic of Uzbekistan and international treaties, every person has the right to apply for the protection of his rights and freedoms and legal interests by national human rights institutions, and the freedom of activity of all religious organizations operating in accordance with the law is guaranteed5 . It was mentioned that a significant part of the proposals coming from the citizens are proposals for ensuring human rights and freedoms.
After considering and taking into account all proposals, a referendum on the adoption of the constitutional law of the Republic of Uzbekistan on the Constitution of the Republic of Uzbekistan was held on April 30, 2023.
The Central Election Commission of Uzbekistan made a decision on the results of the referendum held on April 30. Based on the decision, the Constitutional Law of the Republic of
Uzbekistan "On the Constitution of the Republic of Uzbekistan" was recognized as having been adopted by a national vote in a referendum.
The law was considered to have entered into force on the day of the official announcement of this decision - May 1.
By the decision of the Central Election Commission, it was confirmed that the results of the referendum were as follows:
the total number of citizens of the Republic of Uzbekistan included in the list of citizens voting in the referendum - 19,722,809;
the number of citizens who received ballots - 16,667,097;
the number of citizens who participated in voting - 16,667,097 or 84.51 percent of the total number of citizens of the Republic of Uzbekistan included in the list of voting citizens;
"Yes" votes on the issue put to the referendum - 15,034,608 or 90.21% of the citizens who participated in the vote;
the number of "No" votes against the issue put to the referendum - 1,558,817 or 9.35% of the citizens who participated in the vote;
the number of ballots declared invalid - 73,672.
Commission6 sent its decision to the chambers of the Oliy Majlis and the president for implementation.
The new version of the Constitution of the Republic of Uzbekistan entered into force on May 1, 2023. Referendum held on April 30, 2023 as a result , the adoption of the relevant law consisting of 11 articles became the basis for this. A new version of the Constitution is attached to Article 1 of this law. According to the new version of the Constitution of the Republic of Uzbekistan, the number of articles in the Constitution of Uzbekistan has been increased from the current 128 to 155, and the norms in it have been increased from 275 to 434. Conceptual changes were made to 91 out of 128 items. In general, the Constitution was changed by 65% 7 .
Until then, since 1992, the constitution has been amended 15 times. This time, due to the large scale of changes, a new version of the document was adopted. According to the new edition
1. Uzbekistan is a legal, social and secular state
"Uzbekistan is a sovereign democratic republic" in Article 1 of the Constitution was changed as follows:
Uzbekistan is a sovereign, democratic, legal, social and secular state with a republican form of government.
The republican form of government means that the highest bodies of state power are elected by the people for a certain period of time. (There are no official comments on the norms of the Constitution, so the editors are making independent comments on the norms and concepts in it within the generally accepted framework).
A sovereign state means having complete independent rule and absolute jurisdiction over its territory.
Democracy represents the power of the people and ensures equal participation of all by electing and electing their representatives.
In a legal state, all processes are built on legal foundations, civil servants are required to think within the framework of law, to look at all issues with a legal eye. In addition, in a legal state, all citizens are equal before the law, the highest bodies of state power also obey the laws and ensure the inevitable execution of the laws.
By declaring itself a social state, Uzbekistan undertakes to create conditions for every citizen to live a decent life. This is the distribution of available resources based on the principles of social justice, preventing strong stratification in society, guaranteeing quality education and medicine for the most vulnerable groups, effective social protection programs, protecting citizens with limited opportunities and those in need of support. means support, fair labor laws and an attractive pension system. Simply put, even the children of the poorest families should have the opportunity to grow up healthy, get a good education, and achieve prosperity.
In a secular state, state and religion are separated from each other. The state treats everyone equally, regardless of religious beliefs, and takes a neutral position on religious issues.
Article 154 of the new constitution stipulates that the provisions of Article 1 cannot be revised. Likewise, the clause containing this provision in Article 154 itself cannot be revised. In other words, this norm means that Uzbekistan will never abandon democracy, adhere to legal statehood, and never turn into a monarchy or an Islamic republic.
2. The Constitution is directly applicable
Article 15 is amended as follows:
The Constitution of the Republic of Uzbekistan has supreme legal force in the entire territory of the country, is directly applicable and forms the basis of a single legal space. The direct application of the constitution allows citizens to act based not only on laws, but also directly on the norms of the constitution, in particular, to appeal to the court. According to the law adopted in the referendum, the Supreme Court must adopt the relevant Plenum decision within 3 months. On the basis of this decision, it was established that a uniform judicial practice will be introduced by the courts regarding the application of the constitutional norms as a directly applicable document.
3. Privileges do not need to be written down in law
Article 19 of the new constitution (formerly Article 18) is about equality of citizens before the law, regardless of gender, nationality, status, etc. Part 2 of this article is amended as follows:
Old: Privileges can only be determined by law and must be consistent with the principles of social justice.
New: Privileges are determined only in accordance with the law and must be consistent with the principles of social justice.
With this, one of the norms of the constitution, which has not worked in practice, is being adjusted to the real reality. The practice is that privileges and preferences in various aspects are given not only on the basis of laws, but in many cases on the basis of legal documents - decisions and decrees.
4. All uncertainty is in favor of man
According to the new version of the Constitution:
All conflicts and ambiguities in the legislation that arise in the interaction between a person and state bodies are interpreted in favor of a person. Social relations have unlimited forms, it is practically impossible to fully codify them in normative legal documents. Now, if there is a conflict on issues not clearly defined in the legislation, the issue will be resolved in favor of the person, not the state. In addition, in the case of errors and omissions by state bodies in the maintenance of various documents, for example, when the relevant documents are not found in the database, the situation should be resolved in favor of the citizen.
5. Human rights may be restricted in order to maintain social morality and public order
The issue of restriction of rights and freedoms is in the previous constitution was regulated by the following two norms:
Human rights and freedoms enshrined in the constitution and laws are inviolable and no one has the right to deprive them or limit them without a court decision.
Citizens must not harm the legitimate interests, rights and freedoms of other persons, the state and society while exercising their rights and freedoms.
In the new version of the Constitution, the above two norms were kept almost unchanged. At the same time, a new norm has been added as follows:
Human rights and freedoms may be limited only in accordance with the law and only in the scope necessary to protect the constitutional system, public health, social morality, rights and freedoms of other persons, public safety and public order.
These restrictions on rights also apply to the right to freedom of expression, according to another article of the new constitution. That is, the right to seek, receive and distribute information is only for the protection of the constitutional system, public health, social morality, the rights and freedoms of other persons, ensuring public safety and order, state secrets or other secrets protected by law. may be restricted to prevent disclosure. It should be noted that the concept of "social ethics" has not yet been included in the legislation of Uzbekistan. There is a need for a legal review of the competent authority regarding this concept and the restriction of human rights "for the purpose of ensuring public order" under this article. The golden mean between the provision of rights and the maintenance of social morality and public order must be clearly defined. At the same time, as we said above, according to the constitution, all uncertainties are now resolved in favor of the person.
At this point, it is also appropriate to mention the article on demonstrations. This article has been kept as it was, without changes:
Citizens have the right to carry out their social activities in the form of rallies, meetings and demonstrations in accordance with the laws of the Republic of Uzbekistan. The authorities have the right to stop or prohibit the conduct of such events only for reasons of safety.
6. Special recognition for teachers
An article about teachers was added to the constitution. It consists of two clauses:
In the Republic of Uzbekistan, the teacher's work is recognized as the basis for the development of society and the state, the formation and upbringing of a healthy, mature generation, the preservation and enrichment of the nation's spiritual and cultural potential.
The state takes care of protecting the honor and dignity of teachers, their social and material well-being, and their professional growth. In this way, teachers became the only professions that were not represented by the legal profession, but were specifically mentioned in the supreme law. All professions other than teachers named in the Constitution are representatives of the legal profession (judges, prosecutors and lawyers). In other cases, it is not about professions, but about sectors (for example, the media, various public associations).
7. Land can be private property
Has started in Uzbekistan since 2022. Almost at the same time, the initial version of the new draft constitution announced last year indicated that it is impossible to privatize agricultural land. was This restriction was removed from the final interpretation and the norm on land privatization was made as follows: Land can be private property under the conditions and in the order provided by the law and ensuring its rational use and protection as a national asset.
In the first draft of the general dictionary published last year, it was proposed to include the following sentence: "Unfair competition, monopolization in economic activity is not allowed". In the end, the norms in this regard were as follows:
- The state creates conditions for the development of market relations and fair competition.
- Monopoly activity is regulated and limited by law.
It was decided not to include the provision in the primary draft of the document: "Privatization results will not be reviewed and canceled" in the constitution. We remind you that there is no such rule in the current legislation.
8. Obstruction of media activity is a cause of responsibility
The chapter "Media" of the previous constitution consisted of one article. It said: "The media is free and operates in accordance with the law. They are responsible for the correctness of the information. Censorship is not allowed".
According to the new constitution, this chapter consisted of two articles:
Media are free and operate according to the law. The state guarantees the freedom of media activity, their rights to seek, receive, use and disseminate information. Mass media are responsible for the reliability of the information they provide.
Censorship is not allowed. Obstructing or interfering with the activities of the mass media is a cause of liability in accordance with the law. The main innovation is that responsibility for obstruction of mass media activities has been established at the constitutional level. There have been talks about the introduction of liability in the Code of Administrative Responsibility and the Criminal Code for 4-5 years, but all of them remained in words and on paper. Now, according to the law adopted in the referendum, the Cabinet of Ministers has determined that the program for adapting the legislation to the new constitution should be developed and submitted to the parliament within 2 months.
9. Changes in public administration. The term of office of the President was 7 years
According to the new constitution of Uzbekistan:
The term of office of the President was extended from 5 to 7 years. The status of the president as "head of state", the fact that the same person cannot be president for more than two terms, the text of the president's oath and most other norms related to the president were left unchanged. For information, the term of office of the president was extended from 5 to 7 years in 2003, and in 2011 it was reduced from 7 to 5 years.
The candidate for the prime minister is now presented by the president. It was decided that the president will hold consultations with the factions of all the parties that entered the parliament before presenting the candidate for the prime minister. The Legislature considers the candidate presented by the president, and if more than half of the deputies approve, the prime minister is confirmed. If the deputies reject the candidate three times, the president has the right to appoint the prime minister and dissolve the Legislative Chamber. According to the previous arrangement, the candidate of the prime minister was proposed by the party with the largest majority in the Legislative Chamber, after the approval of the president, the candidate was required to be approved by both chambers.
The number of senators will be reduced from 100 to 65. Senators will be elected from 4 instead of 6 from 14 regions, the number of senators appointed by the president will decrease from 16 to 9. This change will come into effect in time for the parliamentary elections in 2024. It was
decided not to increase the number of deputies of the Legislative Chamber (150 people), but to leave it unchanged.
The participation of the Senate in the appointment of the Prime Minister and the vote of no confidence in him was abolished. Now two-thirds of the total number of deputies is enough to vote for this (before, two-thirds of the members of both chambers were required to vote; we remind you that if a vote of no confidence is announced, the president dismisses the prime minister). Hearing reports of the Prime Minister and members of the government was also transferred to the authority of the lower house. In addition, the Legislature has the authority to propose to the president the resignation of members of the government.
Election of the heads of anti-corruption and anti-monopoly bodies on the recommendation of the president was included in the competence of the Senate. The Senate also elects the highest-ranking judicial officials, reviews and approves candidates for the chief prosecutor and chairman of the Chamber of Accounts, consults with the president on the candidate for the chairman of the State Security Council, appoints and dismisses the chairman of the Central Bank, the main foreign appoints and dismisses diplomats (all this is done at the recommendation of the president). In addition, the Senate gained the power to overturn illegal decisions of local councils.
The Legislature received additional powers to make laws. According to him, if the Senate does not make a decision on approving or rejecting the law within 60 days, the Legislature will send the law to the president. The deadline for signing and promulgating laws by the president has been extended from 30 days to 60 days. If the law returned by the president is re-adopted by the parliament chambers, the deadline for the president to sign and promulgate this law remains unchanged (14 days).
It was established that the president has the right to appoint a presidential election ahead of time . In addition, the Legislative Chamber and the Senate were given the power to dissolve themselves (requiring a vote of at least two-thirds of the members of the chamber). It was also written that in case of serious events, the two chambers can conduct a parliamentary investigation by making a joint decision.
Judges are not accountable for certain cases. There is a need for a legal interpretation of this norm added to the Constitution. The concept of "accountant" does not appear in the Law "On Courts". In our opinion, how the lack of accountability of judges for their decisions affects the provision of justice. Such abstract provisions call into question whether the new constitution will ultimately be the directly applicable law that was so often stated in its propaganda and defined in the document itself.
Judges of the Constitutional Court are elected for a term of 10 years and cannot be re-elected. According to the previous arrangement, this period he was elected for 5 years for the first time, and 10 years for the next one. The rule that the same person cannot occupy one position more than twice, except for the president, the chairman of the Senate, the speaker of the Legislative Chamber, the chairman and deputy of the Supreme Court, the chairman and deputy of the Supreme Council of Judges, the chairman of the Central Election Commission, the chief prosecutor, applied to governors and chairmen of councils.
Article 7 of the law adopted in the referendum, the terms of government officials at all levels have been canceled. It was determined that they have the right to be elected and appointed to the same positions on an equal basis with other citizens, regardless of the number of chronic terms of their tenure.
10. Changes in local government authority. Hokims leave the chairmanship of the council Representative and executive bodies are separated from each other in local state administration. The current procedure in this regard contradicts the principle of separation of powers and mutual restraint of the branches of power. According to the new version of the General Dictionary, this has been abolished, and local councils are designated as elected representative bodies, and hokimyats are designated as executive bodies.
Accordingly, starting from the following dates, the chairmanship of the governors in the councils will be terminated:
according to the results of the 2024 deputy elections in the regions and the city of Tashkent; in districts and cities from January 1, 2026.
The chairmen of local councils are elected from among council deputies for a period of 5 years. Hokims are appointed for a period of 5 years, and the appointed hokims are approved by the councils. Thus, neither council chairpersons nor mayors are directly elected by the population. The powers of the councils include, inter alia:
review and adoption of the local budget, control over its implementation; approval of programs for socio-economic development of regions and social protection of the population;
approving the governor, hearing reports on his activities. The powers of governors include the following 8 :
to implement the constitution and laws, decisions of the parliamentary chambers, decrees, decisions and orders of the president, decisions of the Cabinet of Ministers, high-ranking governors and relevant councils of people's deputies;
implementation of measures aimed at ensuring economic, social, cultural and ecological development of regions;
formation and execution of the local budget.
Separate laws are adopted on the procedure for organizing the activities of mayors and local councils. How their powers are distributed on local issues is reflected in these laws.
In addition to the above, many other norms were added to the constitution, including: The death penalty is prohibited in Uzbekistan.
If a person's confession is the only evidence against him, he cannot be found guilty or punished.
Evidence obtained in violation of the law is not allowed to be used in the course of justice. Everyone has the right to request the correction of incorrect information about his person, the destruction of information about him that was collected illegally or no longer has a legal basis has the right to do.
Guarantees are also given that the state will create conditions for ensuring the use of the Internet global information network.
SUGGESTIONS. My suggestions and recommendations for ensuring the supremacy and enforcement of the Constitution and laws under this article are as follows:
Implementation of priority ideas and norms of the Constitution of the Republic of Uzbekistan;
Ensuring the priority of human rights and freedoms in the policy conducted on the basis of the principle of man-society-state;
To contribute more to raising legal awareness and legal culture in society;
To explain to citizens their rights and freedoms and open a wide way in their use;
Ensuring the application of the principles of equality and justice in matters of free work, recreation, and social protection for all layers of the population in the society;
Paying attention to the youth, respecting the elders and honoring the younger ones, continuing the values based on the tradition of mentor-disciple;
To explain to citizens the direct application of the norms of the Constitution in the activities of the court, prosecutor's office, advocacy and all law enforcement bodies;
To ensure that no corrupt situations are allowed during the application of the law.
NEGOTIATION. On June 10, 2023, the Council of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan and the Council of the Senate of the Oliy Majlis of the Republic of Uzbekistan "Complex measures to convey and explain the nature and importance of the new Constitution of the Republic of Uzbekistan to the general public" 3271-IV/KQ-520-IV9 was adopted and, in accordance with the annex, to the Program of Comprehensive Measures to Communicate and Explain the Essence and Importance of the Constitution of the Republic of Uzbekistan in New Version to the General Public during the Year was carried out in cooperation with all relevant state bodies, ministries, organizations, enterprises, institutions and mass media."Towards a People's State with the People's Constitution!" and "My Constitution!" Under the slogans, promotion and propaganda work was organized in the regions on the promotion of the updated Constitution .
In educational institutions within the framework of the "Street law" project aimed at teaching young people practical mechanisms for protecting their rights campaign activities aimed at explaining the new Constitution was organized and implemented effectively.
"Know the Constitution" online contests among young people , "Do you know the Constitution of the Republic of Uzbekistan?" among civil servants. Tests on the topic, "Constitutional Olympiads" were held in educational institutions. These events were widely covered by mass media.
CONCLUSION. In the referendum held in our country on April 30, 2023, the new version of the Constitution of the Republic of Uzbekistan was accepted by 90.21 percent of the participating citizens by voting in favor. It shows that he found the opposite.
The newly revised Constitution created the political and legal basis for the implementation of the New Uzbekistan strategy and defined the priority directions for the further development of the state and society at the historically important stage of the development of national statehood10
The referendum was a reliable expression of the unity and solidarity of our great multinational nation and its determination to build a sovereign, democratic, legal, social and secular state. In particular, the new strategic goal of state building - building a social state - was defined in the Constitution, the principles of social justice and solidarity were introduced, and the constitutional foundations were strengthened, providing completely new mechanisms for the protection of human rights and freedoms.
The principle of separation of powers and mutual restraint and interests
taking into account the modern concept of the balance system, powers were redistributed between the Oliy Majlis, the President and the Government of the Republic of Uzbekistan. A new model of state power organization based on the distribution of powers of local governors and Councils of People's Deputies was envisaged.
Unconditional and complete implementation of the new version of the Constitution of the Republic of Uzbekistan, implementation of the priority principles established in it in harmony with the grand idea of the New Uzbekistan, establishment of the activities of state bodies in new constitutional and legal conditions In order to ensure that citizens clearly feel the spirit of the People's Constitution in their lives, the unconditional and complete implementation of the Constitution was determined as the first priority task of all levels of state bodies and organizations.
Also, by launching the single national portal "Constitution of New Uzbekistan" in Uzbek and foreign languages and its mobile application, providing 100% (7/24) opportunity for citizens and entrepreneurs to familiarize themselves with the full text of the Constitution of New Uzbekistan and in order to achieve 100% harmonization of the current legislation with the new version of the Constitution, and to increase the legal literacy of the population by 20% according to the constitutional norms, the creation of the single national portal "New Constitution of Uzbekistan" is also of particular importance11 .
The new version of the Constitution was adopted the necessity and importance of doing It is a vital necessity arising from the evolutionary development of the society of Uzbekistan, and this work is an extremely important issue for us to determine our next steps as a country, a nation and a people, a huge step towards building a just society. We will highlight our achievements in the last six years, particularly in the areas of economy, human rights, justice, freedom of speech and religion, social protection. The removal of hundreds of restrictions in their spheres, the problems of cash, currency, and credit have been solved, the 25-year-old relationship between us and our neighbors it was necessary to ensure the constitutional protection of the "thaw" and other affirmative action . In order for these achievements, rights and freedoms to be used safely not only by our present but also future generations, it was required to seal them in the Constitution^
We are all witnessing that unexpected dangers and threats are emerging every day in the world. It is impossible to predict when and how today's conflicting processes and economic contradictions will end. It is not even a secret that whether some countries will remain on the world map is under question. About 100 million people in the world are looking for shelter in other countries to save their lives, global problems such as food shortages, energy resource shortages, and pandemics are seriously worrying the people of developed countries, but all of this may not affect us it's not.
In addition, the situation in our region does not leave us seriously worried: almost 50 years of unrest continue in our region. If we pay attention, our country is becoming a big country in all respects. Our population will reach 50 million by 2040 and more than half of the society will be young people. In order to create decent living conditions for them, there should be a stable economy, a safe state, effective management, and social guarantees. The solution of these and many other problems requires a solid legal foundation - the newly revised Constitution of Uzbekistan.
Peoples Constitution:
It should be noted that this text of the Constitution was not created by scientists and specialists only in the offices. Perhaps, in the first two stages, the opinion and suggestions of our people were studied, and only after that the draft Constitution was prepared. Earlier, when adopting the Constitution, a draft was first developed and then it was put to the people's discussion.
- in the first stage, our citizens made more than 60,000 proposals for the formation of the draft Constitution. About one in four of them got a place in the draft;
- in the second stage, the draft Constitution was put to public discussion. 5 million residents got acquainted with the project through mass media and Internet networks and more than 150 thousand suggestions and comments were made.
At the same time, about 10,000 additional proposals were received in discussions with labor unions, universities, neighborhood activists and intellectuals Currently, international legal documents and the experience of more than 190 countries were studied, the project underwent 6 types of expertise.
All this indicates that the new version of the Constitution takes into account the interests of all layers of the society, that the whole society is united around the idea of building a New Uzbekistan, and that our General Assembly is literally becoming the People's Constitution12 .
ACKNOWLEDGMENT. We would like to express our gratitude to all the employees and officials of the state bodies who expressed their opinions and widely covered the adoption of the new Constitution on the Internet sites and in various newspapers and magazines.
REFERENCES
1. 2023-yil 1-maydagi O'RQ-873-sonli O'zbekiston Respublikasi Konstitutsiyaviy Qonuni
2. O'zbekiston Respublikasi Konstitutsiyaviy sudining 2023-yil 5-dekabrdagi "O'zbekiston Respublikasi Konstitutsiyaviy sudining mamlakatdagi konstitutsiyaviy qonuniylikning holati to'g'risidagi axborotini tasdiqlash haqida"gi KSQ-7-son qarori.
3. O'zbekiston Respublikasi Konstitutsiyasi 2023-yil 30-aprel kuni o'tkazilgan O'zbekiston Respublikasi referendumida umumxalq ovoz berish orqali qabul qilingan yangi tahrirdagi O'zbekiston respublikasi konstitutsiyasi
4. O'zbekiston Respublikasi Prezidentining 2023-yil 8-maydagi "Yangi tahrirdagi o'zbekiston Respublikasi konstitutsiyasini amalga oshirish bo'yicha birinchi navbatdagi chora-tadbirlar to'g'risida"gi PF-67-son Farmoni.
5. 2023-yil 10-iyunda O'zbekiston Respublikasi Oliy Majlisi Qonunchilik palatasi Kengashining va O'zbekiston Respublikasi Oliy Majlisi Senati Kengashining "Yangi tahrirdagi o'zbekiston respublikasi konstitutsiyasining mohiyati va ahamiyatini keng jamoatchilikka yetkazish va tushuntirish bo'yicha kompleks chora-tadbirlar to'g'risida"gi 3271 -IV/KQ-520-IV-sonli Qo'shma qarori
6. O'zbekiston Respublikasi Prezidentining 2023-yil 7-noyabrdagi "Yangi tahrirdagi o'zbekiston respublikasi konstitutsiyasi qabul qilinganligi munosabati bilan o'zbekiston respublikasi prezidentining ayrim hujjatlariga o'zgartirish va qo'shimchalar kiritish to'g'risida"gi PF-188-son Farmoni.
7. https://lex.uz
8. https://constitution.uz/oz
9. https://constitution.uz/oz/pages/Konstitusiyamizning yaratilishi
10. https://kun.uz/news/2021/11/06/ozbekistonda-konstitutsiyani-takomillashtirish-masalasi
11. t.me/odiljon_tojiyev/451
12. https://constitution.uz/oz/pages/35_mingdan%7C_ortiq_takliflar
13. https://president.uz/oz/lists/view/6287
14. https://reestr.uz/kr/projects/1864?type=passport
15. https://nuu.uz/konstitutsiya-yangilanishiga-qanday-zarurat-bor/
