The previous week within the lifetime of our Uzbek parliament has been full of serious occasions for long-term improvement and strengthening of constitutional and authorized foundations, in addition to large-scale and speedy democratic transformations within the nation to construct New Uzbekistan and type the third Renaissance.

As a consequence, on May 16, separate conferences of the Oliy Majlis’s (Parliament) two largest factions – UzLiDeP and National Revival (Milliy Tiklanish) Democratic Party had been performed, adopted by a joint assembly on May 17 devoted to the implementation of constitutional reforms in our nation and submission of this challenge to the Councils (Kengashes) of the Oliy Majlis.

The Councils of the Senate and the Legislative Chamber of the Parliament held a gathering collectively on May 20. The Constitutional Commission was established to develop proposals for constitutional amendments and additions, in addition to to implement organisational measures; its composition and duties had been established. This Constitutional Commission was comprised of deputies, senators from all areas, representatives from varied social strata, civil society establishments, main legal professionals, political scientists, and different consultants (46 individuals in complete).

What is the rationale for such a choice of our parliament? Why is a constitutional reform wanted, what are its leitmotifs? How and on the idea of what ideas will the fee’s actions be organized? This is not at all a whole checklist of questions posed on the Internet and social networks.

First of all, we must always recognise that our President Shavkat Mirziyoyev is the primary ideological inspirer for constitutional reform in Uzbekistan, and the final inhabitants is the primary
initiator.

Firstly, in the course of the presidential elections of Uzbekistan in October 2021, on the conferences of all candidates with representatives of the voters, an essential proposal was put ahead, demanded by life itself and dictated by the logic of democratic transformations in our nation. This is the implementation of constitutional reform.

The first proposal to think about constitutional amendments and additions was made by voters throughout a gathering with UzLiDeP presidential candidate Shavkat Mirziyoyev within the Karakalpakstan district of Bozatau. In gentle of an ecological catastrophe not solely on a regional but additionally on a world scale – the drying up of the Aral Sea – the relevance and
immense significance of reflecting environmental human rights within the nation’s Basic Law, the rights of present and future generations of the nation’s residents to a beneficial atmosphere, that are not mirrored within the present Constitution are highlighted.

Consequently, in seven extra areas, in the course of the conferences of Shavkat Mirziyoyev with voters of the areas, initiatives had been put ahead to additional strengthen the constitutional and authorized foundations for the safety of personal property, together with land and subsoil, making certain human dignity, human rights, freedoms and bonafide pursuits, interethnic and
interfaith concord within the nation, enhancing the position and standing of a very powerful nationwide democratic establishment – the mahalla, rigorously conveying conventional values to future generations, the establishment of the household, growing state youth and gender insurance policies, progressive economic system and information economic system, increasing funding within the economic system and social sphere.

Most importantly, these questions had been raised by voters: lecturers, enterprise homeowners, farmers, representatives of civil society organisations, nationwide cultural centres, and unusual residents. This, in flip, signifies, on the one hand, widespread assist for the president’s coverage of democratic reforms, applied throughout the framework of the New Uzbekistan
Development Strategy for 2022-2026, and, on the opposite hand, voters’ curiosity of their effectiveness in additional deepening and reaching the election program’s targets and aims.

Similarly, in the course of the assembly of candidates from:

• National Revival Democratic Party (“Milliy Tiklanish”) – proposals had been put ahead to outline the constitutional id of our nation, strengthen and shield nationwide traditions and values;

• Justice Social Democratic Party (“Adolat”) – strengthening the constitutional foundations of the independence of the judiciary, the equity of legal guidelines and judicial choices, the implementation of the ideas of the supremacy of the Constitution and legal guidelines, human rights, the battle towards corruption;

• People’s Democratic Party of Uzbekistan – enlargement of constitutional and social safety of susceptible segments of the inhabitants, particularly individuals with disabilities, building of a socially-oriented state;

• Ecological Party of Uzbekistan – the nation’s transition to a “green economy”, bettering the scenario in environmentally unfavorable areas.

It is essential to notice that that is the voters’ determination, as said throughout elections and conferences with presidential candidates.

Second, based mostly on an in-depth research of voter preferences, President of Uzbekistan Shavkat Mirziyoyev emphasised the necessity for constitutional reform:

• throughout his inaugural deal with on November 6 final 12 months. The nation’s chief then tasked the scientific, educational, and academic communities with analysing the nationwide
and worldwide expertise of constitutional improvement, and requested deputies and senators to rigorously consider the matter, examine it, and provide particular concepts;

• in congratulations on the event of the twenty ninth anniversary of the adoption of the Constitution of the Republic of Uzbekistan, the top of state outlined precedence areas for constitutional reform based mostly on the desires of voters, the wants of ongoing dynamic democratic reforms.

Furthermore, President Shavkat Mirziyoyev included an entire part dedicated to the necessity for constitutional reform within the second revised and expanded version of his first basic writer’s
monograph “New Uzbekistan Development Strategy” based mostly on a generalisation of all of the proposals made in the course of the election marketing campaign. The guide outlines Uzbekistan’s prime priorities for constitutional reform.

Third, political events, primarily UzLiDeP and National Revival Democratic Party (“Milliy Tiklanish”), performed a thorough research of their voters’s opinions and needs concerning the upcoming constitutional reforms.

Over 1.5 million members of those events and their multi-million voters not solely supported, but additionally highlighted the necessity to modernize the Constitution as a crucial situation for
reaching the targets of the New Uzbekistan Development Strategy, making certain sustainable improvement, and establishing the authorized foundations for much more accelerated and dynamic reform throughout all socio-economic, political, authorized, cultural, and humanitarian spheres.

Constitutional reforms: present world tendencies

It must be famous that there are presently over 500 lively constitutions on the “constitutional map of the world”, of which roughly 200 are constitutions of unbiased states and extra than 300 are topics of federations.

At the identical time, the Code of Laws of the Sumerian king Ur-Nammu (The Code of Ur-Nammu) is taken into account the world’s oldest written structure – the age of clay tablets exceeds 4 thousand years.

Simultaneously, the Constitution will not be a dogma, however somewhat a plan of motion for sustainable improvement. The risk to amend or change a structure is a basic characteristic of all
constitutions. It is inconceivable to create a constitutional textual content that may all the time serve society at varied levels of historic improvement.

Thus, the final decade of the 20th century and the start of the twenty-first century will probably be remembered as a interval of rising to a brand new degree of constitutional reforms, profound qualitative shifts within the constitutional worldview, and the constitutional construction of the world neighborhood’s members. Over the final 30 years, greater than 100 nations have efficiently applied constitutional reforms, with 57 adopting new constitutions.

Mexico, New Zealand, Brazil, Switzerland, Austria, Israel, Chile, Colombia, Georgia, and India are the highest ten nations when it comes to the frequency with which constitutional
modifications and amendments have been adopted.

Furthermore, the vast majority of constitutional reforms are applied as a part of the modernization of society and the state, or as a part of the prevention and neutralisation of the implications
of political, financial, and social crises.

There are virtually no authentic variations of constitutions left in the world at present. Even the oldest within the present understanding of the US structure, 27 basic modifications had been made, Norway – over 200 occasions (with solely a few third of the Basic Law remaining in its authentic type), and Holland – 24 occasions (nonetheless, in 1983 its textual content was rigorously modernized, affecting virtually all positions).

In trendy situations of globalization everywhere in the world there is an intensive seek for their very own fashions of constitutional improvement. At the identical time, the Constitution stays one of many key components in making certain the political and social stability of the state. The following are the constitutional ideas:

firstly, the enlargement of basic human rights and freedoms (the Constitution of the particular person);

secondly, securing the safety of collective rights, the rights of society as an entire, that’s, the regulation of civil society establishments, the implementation of social partnership and public management (the Constitution of society);

thirdly, the group of the system of state authorities and administration; consultant democracy mixed with types of direct democracy (elections, referendums, standard dialogue); separation of powers, together with the precept of checks and balances between the legislative and govt branches, in addition to the independence of the judiciary; duty and accountability of officers (State Constitution).

Constitutional reform is a authorized requirement for each present and future sustainable improvement. It will be an important device for selling good governance by altering constitutional guidelines to strengthen checks and balances between branches of presidency, as effectively as larger accountability, transparency, participation, and predictability. Changes geared toward bettering the standard and effectivity of governance contribute to the political system’s stability, which advantages the economic system by offering a secure atmosphere for funding and improvement.

The research of constitutional modifications world wide reveals a distinguishing characteristic: the necessity to adapt the state’s Basic Law to the necessities of modernity and its skill to reply to rising challenges.

The following are the primary tendencies in trendy constitutional improvement:

• the complexity of constitutional reforms. They cowl the political, financial, social, cultural and humanitarian spheres, as effectively because the interconnections and interdependencies of
constitutional reforms and modernization processes;

• increasing and strengthening the sphere of constitutional regulation, reforming the mechanism of public administration and altering the type of authorities;

• the event of the constitutional area, the strengthening of authorized sovereignty and the definition of the constitutional id of the state;

• strengthening the judicial safety of human rights and freedoms, increasing the powers of constitutional justice, granting residents the best to direct entry to the Constitutional Court;

• globalization of constitutional law-making, consolidation of universally acknowledged ideas and norms of worldwide legislation in the nationwide constitutions of the states of the world;

• ecologization of the constitutional improvement of the state and society, implementation of the precept of accessibility of high quality medical care;

• consolidation and improvement of digital rights, institutionalization of the data society, authorized regulation of cybersecurity.

Uzbekistan is within the strategy of reforming its structure

Uzbekistan has a protracted historical past of implementing constitutional reforms. In explicit, 32 amendments and additions to 21 articles of the Constitution had been made 7 occasions as a part of the implementation of the duties of the Action Strategy in 5 precedence areas of improvement of the Republic of Uzbekistan in 2017-2021.

They involved, particularly, the actions of the parliament, authorities and the President, strengthening the independence and improvement of the judiciary, the system of checks and balances
between the branches of presidency, the democratization of the electoral system and mahalla.

Particular emphasis was positioned on a basic change within the constitutional construction, political, authorized, socioeconomic, cultural, and religious spheres, constitutional provision of
basic interrelated and interdependent democratic political, financial, social, and authorized reforms geared toward constructing a New Uzbekistan, and the institution of a free and honest civil
society.

Simultaneously, the period of globalization, digitalization, local weather change, and quickly altering life poses an rising variety of pressing, extraordinarily essential, and pressing duties for the nation’s additional modernization, strengthening peace, stability, and nationwide independence.

Thereby, Uzbekistan’s constitutional improvement is constant with the worldwide pattern of constitutional reform.

Priority instructions of constitutional reforms

Tasks which might be much more essential are outlined in President Shavkat Mirziyoyev’s basic guide, “New Uzbekistan Development Strategy,” elevating democratic reforms to a essentially completely different degree. It directs society’s authorized system, authorized information and enforcement, and political and authorized tradition towards common human values and sustainable improvement ideas. It is deliberate to outline constitutional requirements and guidelines that may apply to the New Uzbekistan.

First and foremost, that is about absolutely implementing the first precept “in the sake of human honor and dignity”. Furthermore, human dignity entails the supply of a peaceable and safe life, residents’ basic rights and freedoms, the gradual creation of first rate residing situations and trendy infrastructure, certified medical care, high quality schooling, social safety, and a wholesome ecological atmosphere for all nation residents.

The following areas of constitutional reform have been recognized as priorities:

the primary is a change within the beforehand working paradigm “state – society – person” to a brand new one: “particular person – society – state”, fixing it in constitutional laws and
constitutional follow;

the second is the supply of human pursuits within the strategy of financial reforms. This is a very powerful situation for constructing a individuals’s state;

the third – constitutional consolidation of the position and standing of civil society establishments, the precept “Society is the initiator of reforms”;

the fourth – the definition of the constitutional foundations for the event of

the establishment of the household, the cautious communication to future generations of conventional human values, the strengthening of interethnic concord within the nation;

the fifth – the reflection within the Constitution of the state youth coverage, complete assist for youth – the creators of New Uzbekistan, their rights, pursuits and obligations;

the sixth – fixing as a constitutional norm the precept “New Uzbekistan is a social state”, making an allowance for the truth that at present Uzbekistan is confidently transferring alongside the trail of constructing a social state and a simply society;

the seventh – rising the effectiveness of the present system of human rights safety, stopping little one labor, dependable safety of the rights of individuals with disabilities, representatives of the older era;

the eighth – the inclusion of particular environmental provisions within the Constitution, in addition to authorized guidelines linked to international local weather change;

the ninth – consolidation on the constitutional degree of the event of kindergartens, faculties, increased schooling and science, that are interrelated elements of the foundation of the third Renaissance.

The phrases of the excellent statesman and political determine Winston Churchill, “To enhance is to vary; to be good is to vary typically” have a deep essential significance for our President. Indeed, with a view to have a Constitution that fulfills the wants of the time, we should take measures and make reforms which might be per the present rapidly altering actuality.

Constitutional Commission: Main Tasks and Principles

The Councils (Kengashes) of the Chambers of the Oliy Majlis decided the next as the primary duties of the Constitutional Commission:

• assortment, generalization, formation of proposals and improvement of an applicable draft legislation “On amendments and additions to the Constitution of the Republic of Uzbekistan”;

• requesting paperwork, professional and different opinions, statistical knowledge and different data from state our bodies and different organizations, officers;

• receiving suggestions from analysis organizations, scientists and consultants on proposals for amendments and additions to the Constitution, in addition to professional opinions;

• involvement of representatives of state our bodies and different organizations within the work of the Constitutional Commission as consultants;

• if crucial, the event of proposals for the introduction of amendments and additions to different legislative acts based mostly on the proposals obtained, which will probably be submitted to
state our bodies and different organizations for consideration within the prescribed method;

• sending appeals obtained from people and authorized entities about violations of their constitutional rights and freedoms to the applicable departments for consideration;

The most essential ideas of the work of the Constitutional Commission are:

firstly, actions should be clear and accountable. Simultaneously, all situations will probably be in place for a public dialogue of essentially the most urgent constitutional reform duties in society, together with the participation of worldwide consultants and civil society representatives.

A particular position on this will belong to the work of the Press Service of the Constitutional Commission, which is able to present in a easy and comprehensible language for an unusual citizen the necessity, priorities and important instructions of constitutional reforms and novels.

Furthermore, the group of scientific constitutional boards will proceed, based mostly on the constructive expertise of organizing two earlier worldwide conferences devoted to various duties of the approaching constitutional amendments. All of this demonstrates New Uzbekistan’s openness to each its residents and the worldwide world usually.

secondly, collegiality. This is ensured by the truth that each one members of the Constitutional Commission have a single vote and equal decision-making rights.

thirdly, the president’s concept of “the individuals are the creators of the legislation” is being applied by widespread participation of civil society establishments, educational, analysis, and analytical facilities within the Constitutional Commission’s actions.

The National Centre of the Republic of Uzbekistan for Human Rights, the NGO “Center for Sustainable Development” and the Institute of State and Law of the Academy of Sciences of Uzbekistan conduct scientific analysis on the subject “Constitutional reforms: the expertise of the nations of the world”. The analysis is carried out in pursuance of the duties decided by President Shavkat Mirziyoyev to check international and worldwide expertise in constitutional improvement.

In conclusion, the constitutional reforms will undoubtedly serve to implement the duties of additional bettering the well-being of the inhabitants and the prosperity of the nation, strengthening its financial energy and competitiveness on the earth.

Akmal Saidov

Chairperson of the Constitutional Commission for the
Formation of Proposals for Constitutional Amendments and
Additions and Implementation of Organizational
Measures

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