The legal guarantee of the prosperity of the state is its Constitution, a document having the highest legal force. The Basic Law contains software installations, serves as a source of well-being, ensuring our rights and order in society.
In the New Uzbekistan, strict compliance with the requirements of the Constitution and laws of the country, the implementation of the priority principle "In the name of human honor and dignity" is designated as the main criterion for the activities of public authorities. The new Uzbekistan is designated as a state with high human capital and intellectual potential, as an open, fair, enlightened civil society.
Reacting to the proposals of the population put forward during the pre-election meetings on constitutional reform, the Head of State instructed members of Parliament to consider the issue of improving the Basic Law.
Over 400 global and regional conventions, declarations, and resolutions have been studied. The article analyzes the international experience of the development of constitutionalism, as well as the experience of more than 193 countries in updating the Constitution and implementing constitutional reform. Public, gender, anti-corruption, linguistic expertise, expertise on the rights of the child, human rights, women, persons with disabilities and other vulnerable segments of the population have been obtained.
As part of the constitutional reform, a number of key changes and additions have been implemented, reflecting the following main ideas and provisions.
First. The embodiment of the will of the multinational people of Uzbekistan, in which the highest value is man, his rights and freedoms. Definition of the ideology of state and social development, constitutional values reflecting the identity of the constitutional and legal creativity of the people of Uzbekistan.
Second. The establishment of new principles that strengthen the State and legal status of Uzbekistan as a sovereign, democratic State. The provisions enshrined in article 1 are the main goal of the constitutional reform, and all subsequent amendments and additions are aimed at ensuring the practical implementation of these important features.
It has been established that the provisions of the article cannot be revised, this is a guarantee of stability and immutability of the above-mentioned fundamental features of the state.
The third. The constitutional reform is designed to radically change the paradigm of thinking and principles of activity in the system of state and public administration, to put the postulate "man — society — state" as the basis for relations in the New Uzbekistan instead of the principle of "state — society — man".
Fourth. More than half of the amended norms in the Constitution are aimed at strengthening guarantees and strengthening mechanisms for the protection of human rights and freedoms. All the signs of a rule-of-law state have been developed, where power should be limited in its actions by law, subordinated to the will of a sovereign people and designed to ensure the rights and freedoms of the individual.
The mechanisms for ensuring the supremacy of the Constitution and the law as the most important guarantee of the democratic renewal of the country and reliable protection of human rights and freedoms have been significantly strengthened.
Fifth. The constitutional guarantees of ensuring the basic personal rights and freedoms of man and citizen have been strengthened. Human rights and freedoms are recognized and guaranteed in Uzbekistan in accordance with generally recognized norms of international law and in accordance with the Constitution. Human rights and freedoms belong to everyone from birth (article 19). They act directly, determine the essence and content of laws, the activities of state bodies, self-government bodies of citizens and their officials. Measures of legal influence on a person applied by State bodies should be based on the principle of proportionality and be sufficient to achieve the goals provided for by laws (article 20).
Sixth. For the first time, a constitutional norm was introduced on the creation by the state of conditions for ensuring access to the worldwide Internet information network (Article 33).
The political rights of citizens were expanded. In particular, it is enshrined at the constitutional level that citizens of the Republic of Uzbekistan have equal rights to access to public service (article 37).
Seventh. The Constitution has developed signs of a social state, whose policy is aimed at affirming the principle of social justice and solidarity, achieving decent quality and standard of living for citizens, and providing assistance to those in need. The norms aimed at supporting socially vulnerable categories of the population, smoothing social inequality in society, creating decent living conditions, strengthening the social responsibility of the state to citizens so that no one is left without attention are consolidated. For the first time, everyone's right to housing is being established.
The amounts of pensions, allowances and other types of social assistance established by law may not be lower than the officially established minimum consumer expenses (article 46). Everyone has the right to housing. No one may be deprived of their home except by a court decision and in accordance with the law. In the cases and in the manner prescribed by law, the owner deprived of his home is provided with preliminary and equivalent compensation for the cost of housing and the losses incurred by him. The State encourages housing construction and creates conditions for the realization of the right to housing. The procedure for providing housing to socially vulnerable categories of the population is determined by law (Article 47).
Important innovations are norms aimed at combating unemployment. Everyone has the right to decent work, free choice of profession and occupation, favorable working conditions that meet safety and hygiene requirements, fair remuneration for work without any discrimination and not less than the established minimum wage.
It is prohibited to refuse to hire women, dismiss them from work and reduce wages for reasons related to pregnancy or having a child (article 42). The State takes measures to ensure the employment of citizens, protect them from unemployment, and reduce poverty. The State organizes and encourages professional training and retraining of citizens (article 43). Forced labor is prohibited except in the execution of a sentence imposed by a court decision, or in other cases provided for by law. Any form of child labour that poses a threat to the health, safety, morals, mental and physical development of a child, including those that prevent him from receiving education, is prohibited (article 44).
Eighth. Accessibility of education, health care and cultural values. The State ensures the development of a continuous education system, its types and forms, State and non-State educational organizations (article 50). Citizens have the right to receive higher education in state educational institutions on a competitive basis at the expense of the state. Higher education institutions have the right to academic freedom, self-government, freedom of research and teaching (article 51). A separate article is devoted to the status and role of a teacher in society. In Uzbekistan, the work of a teacher is recognized as the basis for the development of society and the state, the formation and upbringing of a healthy, harmoniously developed generation, the preservation and enhancement of the spiritual and cultural potential of the people. The State takes care of protecting the honor and dignity of teachers, their social and material well-being, and professional growth (article 52).
The ninth. Another important area of constitutional reform is the judiciary. The constitutional foundations of the independence of judges, the democratization of the justice system as the most important conditions for ensuring the supremacy of the Constitution and the law, and the implementation of democratic transformations in the country are being significantly strengthened.
The range of issues within the competence of the Constitutional Court has been expanded and clarified, and guarantees for the activities of its judges are being strengthened.
The Constitutional Court (article 133) determines the conformity of the international treaties of the Republic of Uzbekistan with the Constitution — before the President of the Republic of Uzbekistan signs the laws of the Republic of Uzbekistan on their ratification, gives an opinion on the conformity of the issues submitted to the referendum with the Constitution. Now judges of the Constitutional Court are elected for a ten-year term without the right to re-election (article 132).
For the first time, a separate chapter dedicated to the institution of the bar and consolidating guarantees for the activities of lawyers has been allocated in the Basic Law.
Tenth. The principle of democracy has been strengthened, and the constitutional foundations of people's (direct) democracy have been strengthened. A new type of the right of legislative initiative has been introduced — a legislative proposal. It can be used by citizens with the right to vote, in the number of at least 100,000 people, as well as the Senate of the Oliy Majlis, the Commissioner for Human Rights (Ombudsman) and the Central Election Commission (Article 98).
Principles of formation of the State budget execution, such as openness and transparency, are being consolidated. Citizens and civil society institutions are granted the right to exercise public control over the formation and execution of the State Budget (article 148).
The "Open Budget" system implemented in the country creates opportunities for the real implementation of effective public control over the budget process, obtaining complete and reliable information about the specifics of financial support for the tasks and functions of the state. This innovation will allow citizens and civil society institutions to be involved in the processes of forming the State Budget, determining its revenue and expenditure parts, and implementing budget legislation.
Due to the amendments and additions, the number of articles of the Basic Law has been increased from 128 to 155, and the volume of constitutional norms has increased by 65 percent.
Summing up the above, I would like to focus on the priorities for the implementation of the Constitution of the Republic of Uzbekistan in a new edition.