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The Constitution of the New Uzbekistan: the state guarantees protection and patronage to its citizens both on its territory and abroad



Since gaining independence, our State has set a goal to create a democratic society governed by the rule of law. Among the key stages of its formation is the adoption of the Constitution of the Republic of Uzbekistan on December 8, 1992. This important document became the basis for the construction of an independent and sovereign state, becoming a symbol of political and economic transformations. This year, the country celebrates the 32nd anniversary of a momentous historical event.  
After gaining independence in 1991, Uzbekistan had to develop its own legal and political framework. The Constitution played a key role in the formation and development of the new state. It consolidated the principles of democracy, the rule of law and the protection of human rights, which became the foundation for the creation of an unconditional legal framework.  
This act defines the basis of the structure of the state, the legal status of the individual, the system and principles of the organization of state power, forms of public self-government and other aspects of the life of the state, society and man. The Constitution of the Republic of Uzbekistan was adopted on the basis of the Universal Declaration of Human Rights, the International Covenants on Civil and Political, Economic, Social and Cultural Rights, the Convention on the Rights of the Child and other international legal acts. It also contains the historical heritage and experience of the development of Uzbek statehood, national characteristics, customs and traditions of the peoples living in our country, and universal principles according to which the highest value is a person, his life, freedom, honor, dignity and other inalienable rights.  
As a result, the Basic Law of the Republic of Uzbekistan ensures the fundamental rights and freedoms of citizens, including freedom of speech, the right to work, education and medical care. It also guarantees the protection of private property and business activities. This contributes to economic growth and investment attraction.  
Over the past three decades, the country has come a long way in the field of legal reforms and democratization. During this period, the Constitution remained the unchanged basis for reforms aimed at improving the living conditions of citizens and developing democratic institutions. But in the context of global changes and challenges facing the whole world, it is especially important to constantly update existing regulations. 
It is obvious that the processes taking place in the world, as well as the high dynamics of Uzbekistan's transformation, require a revision of the concept of comprehensive activity of our country. The primary tasks today are the consolidation and mobilization of all internal and external resources for the unconditional achievement of national development goals, effective promotion of the interests of the people of the republic in the international arena and progressive improvement of the competitiveness of the country's economy in the world market based on the principles of proactivity, pragmatism, constructivism, openness and humanization of activities. 
That is why a national referendum was held in April 2023, as a result of which the Basic Law of our country was adopted in a new version. Thanks to this historical event, 27 articles were introduced, which increased their number from 128 to 155, and the content of over half of the existing norms was updated. Among the main additions are innovations in the field of human rights protection and enforcement. It is worth emphasizing that Uzbekistan has been defined for the first time as a social, secular and legal state. 
When drafting the new version of the Constitution, the main guideline was the goal of reforms - ensuring a decent life for citizens, interethnic and interfaith harmony, well-being and prosperity of the people of Uzbekistan. The historical experience of the development of our statehood, the rich scientific, cultural and spiritual heritage of great ancestors who made an invaluable contribution to world civilization were taken into account. 
It should be noted that a comparative study of domestic and foreign experience in the implementation of constitutional reforms allows us to identify a common pattern: human orientation, protection of his honor and dignity, the formation of a fair and open civil society. 
At the same time, the special role of constitutional law is to consolidate the status of the triad - the individual, society and the state, to express the "correlation of the modern state and civil society", as well as to define the "spheres of rights, powers and responsibilities" of each of them. 
The legislation of Uzbekistan notes the change of the previously existing paradigm "state - society - man" to a new one - "man - society - state".
The priorities of the New Uzbekistan's policy were constitutionally consolidated, and loyalty to the ideals of democracy, freedom and equality, social justice and solidarity was confirmed. The document also states: foreign policy activities are carried out on the basis of generally recognized principles and norms of international law, the country strives to strengthen and develop friendly relations with the world community (primarily with neighboring states) on the basis of cooperation, mutual support, peace and harmony.  
Article 13 reads: "Democracy in the Republic of Uzbekistan is based on universal principles, according to which the highest value is a person, his life, freedom, honor, dignity and other inalienable rights.
Democratic rights and freedoms are protected by the Constitution and laws."
So, today, the norms of the Basic Law have significantly expanded the boundaries of human rights and freedoms, provided a full guarantee of its protection: the establishment of a constitutional ban on the death penalty, torture, violence and merciless treatment of the individual; the transfer of the right to issue sanctions to courts for all investigative actions and operational search measures restricting the rights and freedoms of citizens; the consolidation of the right not to testify against oneself; a guarantee of protection of personal property from gratuitous demolition and destruction; receiving a certain amount of free medical care at the expense of the state.
The Constitution continues to serve as a pillar for sustainable development. An important task remains to further improve the legal system, increase the effectiveness of State institutions and continue reforms aimed at improving the quality of life.  
For the first time, a separate chapter regulating the activities of civil society institutions has been included in the Constitution of Uzbekistan (XIII). Thus, articles 69-70 reveal the definition of this term, which includes public associations - professional and creative unions, political parties, societies of scientists, women's organizations, associations of veterans, youth and persons with disabilities, mass movements, as well as other NGOs, citizens' self-government bodies, and the media.
The State guarantees protection and patronage to Uzbeks both on its territory and abroad. A citizen cannot be expelled from the Republic or extradited to another State. In our country, in accordance with the norms of international law, a policy of maintaining and developing ties with compatriots living abroad is being implemented (article 23). Also, in order to restore their violated rights and freedoms, an individual is guaranteed the right to have his case reviewed by a competent, independent and impartial court within the time limits established by law.
The relevance of our Basic Law is reflected in the fact that it contains answers to many global challenges that humanity is facing today. 
Thus, in recent years, under the leadership of the President, a new system of public administration in the field of environmental protection has been formed, a number of key regulatory legal acts have been adopted, and draft strategic and program documents have been updated. In this context, the adoption of the new version of the Constitution served to strengthen the legal foundations for the construction of a New Uzbekistan. In addition to article 68 regulating this area (on the protection and protection of the earth, its subsoil and nature by the state), it has become important to consolidate article 49, which reads: 
"Everyone has the right to a favorable environment, reliable information about its condition… The State, in accordance with the principle of sustainable development, implements measures to improve, restore and protect the environment, and preserve ecological balance."
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The Constitution of the Republic of Uzbekistan remains an important document that forms the foundations of the country's future, maintains stability in society, and contributes to the prosperity of the people. 
In honor of the 32nd anniversary of the adoption of this fundamental legal act, scientific conferences, exhibitions and other cultural events are already being held in the republic. All this not only emphasizes the importance of the Basic Law, but also contributes to improving the legal literacy of citizens. And celebrating another anniversary is not just a tribute to the past, but a look into the future, full of new opportunities and achievements.  


Rustam Abdullaev,
Associate Professor of the Department of TSYUE, Doctor of Philosophy (PhD)
in legal sciences.



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