New powers of the parliament of the New Uzbekistan

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The year 2016 for Uzbekistan was marked by the beginning of a fundamentally new in essence and content stage of state and social construction, in which the main strategic goal was proclaimed - the construction of a New Uzbekistan, based on the values that served the greatest flourishing of our statehood in the 9th-10th centuries (known in world history as First Eastern Renaissance) and XIV-XV centuries (Second Eastern Renaissance). As in previous periods, the basis and priorities of the Third Renaissance of our statehood are the development of science and modern technologies, which are intended to become drivers of dramatic development of the country’s economy, a radical improvement in the well-being of the people and the prosperity of the nation.      

At the same time, a new paradigm of relations between the state and the individual was formed and is gradually being introduced, where the highest value is determined by the person, his life, freedom, honor, dignity and other inalienable rights, and the principle of the supremacy of human rights is proclaimed.

This philosophy was reflected in the development strategies of New Uzbekistan adopted during this period, where the basic principle of the state was laid: “Everything for the people, everything for the benefit of the people.” On the basis of this postulate, the main guideline for state policy and government bodies was determined: “It is not the person who serves the state, but the state that serves the person.”

For this purpose, the legislative foundations of the system for ensuring the constitutional rights of citizens, formed at the dawn of independence, were completely revised.

One of the first initiatives of the President the Republic Uzbekistan Sh.M. Mirziyoyev was the idea of theneed to adopt an Electoral Code that would ensure convenient use by citizens of their voting rights, enshrined in numerous and disparate acts of legislation. As a result of systematization and modernization of 5 basic laws and many by-laws, departmental documents of the Central Election Commission of the Republic of Uzbekistan, the Electoral Code of the Republic of Uzbekistan was developed and came into force on June 26, 2019.

One of the important purposes and significance of the Electoral Code was to consolidate, firstly, of the following basic principles of electoral rights, which are fully consistent with international standards and the best democratic practices of developed countries: the universality of the right to vote, equal suffrage, direct suffrage, secret ballot and freedom of elections.

Secondly, the basic principles of the electoral system of the Republic of Uzbekistan, including openness and transparency of elections.

A number of other important innovations of the electoral legislation should be highlighted:

- the rule limiting the participation in elections of persons held in prison for crimes that do not pose a great public danger and less serious crimes has been excluded. This innovation is a significant step in guaranteeing the voting rights of citizens. In addition, the provision on creating conditions for citizens with disabilities to exercise their voting rights deserves attention.

-- the introduction of a single electronic list of voters of the Republic of Uzbekistan, and the introduction of a single ballot paper for voting on election day;

- creation of the possibility of affixing a voter's signature in support of several candidates or parties during the collection of signatures by political parties.

Another priority of the constitutional reform was strengthening the role of the Parliament of Uzbekistan - the Legislative Chamber and the Senate of the Oliy Majlis of the Republic of Uzbekistan in the system of state power by revising the main tasks in the context of the updated Constitution.

What exactly did this mean?

In order to form an effective parliament, optimize the activities of the upper chamber based on its main purpose - regional representation, taking into account the preservation of a unique platform and effective platform for interaction and coordination of the activities of the Kengashes of people's deputies, eliminating parallelism in the activities of the chambers of the Oliy Majlis, based on the goals and objectives of the administrative The reforms of New Uzbekistan modernized the upper house of parliament - the Senate, and strengthened the powers of the lower house of parliament - the Legislative Chamber.

If in the 1992 edition of the Constitution 5 powers were assigned to the exclusive powers of the Legislative Chamber, then in accordance with the new edition of the Constitution their number reached 12. The number of exclusive powers of the Senate increased from the current 14 to 18.

Second. The number of members the Senate has been optimized from 100 to 65, who will be elected in equal numbers, 4 people from each of the 14 regions at meetings of deputies of the Jokargy Kenes and local Kengashes from among these deputies, and 9 members of the Senate will be directly appointed by the President.

In there, foreign experience in forming the composition of representative government bodies was taken into account. Thus, in foreign countries, out of 83 bicameral parliaments, the number of members of the upper house is up to 49 people in 29 countries, 50–99 people in 31 countries, 100 or more in 23 countries. For example, in the Senate of Kazakhstan there are 50 members, in Tajikistan - 33, in Belarus - 64. The number of members the upper chambers appointed by heads of state: Italy - 5, Belarus, Tajikistan - 8, Kazakhstan - 10, Ireland - 11, India - 12.

Third. Consideration and approval of the Prime Minister's candidacy is enshrined as the exclusive authority of the Legislative Chamber.

We introduced this innovation taking into account the parliamentary practice of Germany, the Czech Republic, Russia, Belarus, Kazakhstan, etc.

The control powers of parliament have been revised and redistributed by excluding certain of its forms from the powers of the Senate (monitoring the execution of the State Budget; hearing the annual report of the Cabinet of Ministers; hearing the report of the Prime Minister on the socio-economic development of the country, etc.) with their consolidation as the exclusive powers of the Legislative Chamber .

Fourth. With the reduction of control powers, other powers of the Senate were simultaneously expanded, incl. by transferring to him a number of powers of the President, as well as strengthening his role in coordinating the activities of representative bodies of government at the local level, in particular:

– election on the recommendation of the President of the Supreme Judicial Council, heads of the republican anti-corruption body and the republican antimonopoly authority;

– approval of Presidential decrees on the formation and abolition of ministries and other republican executive bodies, etc.

At the same time, the Senate is vested with the authority to perform the functions of parliament in adopting laws (with the exception of the Constitution and constitutional laws) during the period of temporary absence of the Legislative Chamber caused by the early termination of its powers (dissolution).

The control function of the Senate over the activities of regulatory, law enforcement and intelligence agencies are being strengthened. In particular, a procedure is being introduced for the President to appoint the Prosecutor General and the Chairman of the Accounts Chamber with the approval of the Senate, and the Chairman of the State Security Service - after consultations with the Senate.

Fifth. In order to further improve the system of checks and balances in the mechanism of state power, the chambers of the Oliy Majlis are given the power to dissolve themselves, the decision on which is made accordingly by a majority of at least 2/3 of the votes of the total number of deputies of the Legislative Chamber or members of the Senate (Articles 94 and 95) .

At the same time, it is taken into account that parliaments also have the right to self-dissolve in a number of foreign countries, for example, Israel, Bulgaria, Turkmenistan, etc. In some countries, parliament has the power to dissolve itself based on a decision made by a simple majority - in Austria, Croatia, Hungary, Turkey ; qualified majority – in Bosnia and Herzegovina, Cyprus; by a two-thirds majority in Kyrgyzstan and Poland; three-fifths of the votes of (elected) members – in Lithuania.

Sixth. The control powers of the chambers of the Oliy Majlis are expanding, incl. by securing the power to conduct a parliamentary inquiry. In particular, the role of the Oliy Majlis in the fight against corruption is being strengthened by consolidating the powers of the chambers of parliament to hear the annual National Anti-Corruption Report.

The Uzbekistan-2030 Strategy is also aimed at creating a new look for the parliament of Uzbekistan.

Thus, in direction IV “Ensuring the rule of law, organizing public administration focused on serving the people”, in paragraph 4.1. “Reforms to organize public administration focused on serving the people and improve public administration” provide for a further increase in the role of the Oliy Majlis and political parties in the construction of the New Uzbekistan. At the initial stages it is planned:

firstly, to ensure the digital transformation of the work processes of parliament and its bodies, including 100% digitalization of the processes of making and promulgating decisions;

secondly, to ensure the possibility of electronic communication with voters, sending and monitoring deputy requests in electronic form;

thirdly, introduce a procedure for submitting and considering proposals for legislation;

fourthly, introduce a mixed (majority-proportional) system of elections to representative bodies in order to further increase the role of political parties in the process of deepening democratic reforms and modernizing the country.

The last measure is enshrined in the Electoral Code of the Republic of Uzbekistan.

At the same time, we are clearly aware of the possibilities for further improvement of parliamentary activities, especially in terms of strengthening parliamentary control.

Thus, we see one of the tasks in this area as the development and legislative consolidation of clear and clear procedures for the implementation of all forms of parliamentary control for members of Parliament. Here, the main expectation is connected, first of all, with the institution of parliamentary investigation, which can become an effective tool in the case of the development and legislative consolidation of clear and clear grounds for parliamentary deputies to conduct a parliamentary investigation, a detailed procedure and procedure for its conduct, which in foreign practice resemble the procedure of criminal prosecution.        Another task of the new parliament should be to further strengthen and strengthen parliamentary financial control.

Here we expect that the parliament will not only approve the main parameters of the state budget, but also:

- actively participate in the formation of the draft state budget before its submission to the country’s parliament;

- have the opportunity to make all necessary, from the point of view of the electorate, changes and additions to the parameters of the state budget;

- carry out systematic monitoring and control over the efficiency of spending budget funds (with the determination of specific performance indicators, on the basis of which it could make appropriate adjustments) with the right to suspend and reduce funding for ineffective projects.

Of course, the solution to these and other pressing issues related to the formation of a new look for the country’s parliament will ensure the further development of modern parliamentarism in the Republic of Uzbekistan, strengthen the role and place of parliament in the system of state power and administration in order to achieve such a strategic goal of state building as the construction of a democratic legal states.

Akilov Alimjon Rakhimovich,

Chief Researcher of Department of analyzing the effectiveness of constitutional construction and public administration of Institute of Legislation and Legal Policy under the President of the Republic of Uzbekistan, doctor of legal sciences, professor