A solid legal guarantee of a prosperous life

 On March 9, 2023, at a regular meeting of the Legislative Chamber of the Oliy Majlis, the issue of holding a referendum on the draft Constitutional Law of the Republic of Uzbekistan "On the Constitution of the Republic of Uzbekistan" was considered.
The event was attended by extraordinary and plenipotentiary ambassadors of foreign states to the Republic of Uzbekistan, heads of representative offices of international organizations.
Proposals, international standards and advanced foreign experience are taken into account
It was noted at the meeting that during the national discussions of the draft Constitutional Law, a total of 222,715 proposals were received, and on their basis the draft was finalized and improved, every fourth proposal was reflected in the draft.
During the preparation of the draft Constitutional Law, as the deputies stressed, more than 400 international documents and constitutions of about 190 countries were thoroughly analyzed, the project was highly appreciated by international experts and specialists as a document embodying all generally recognized norms of international law.
As stated at the meeting, the number of articles of the Constitution has increased from the current 128 to 155, norms – from 275 to 434. Accordingly, 65 percent of the text of the Basic Law has been updated based on the proposals of our people, the provisions on human rights and freedoms have increased three and a half times, and, based on this, there is every reason to adopt the draft as a new version of the Constitution.
The updated Constitution unites our entire society around the idea of building a developed state – a New Uzbekistan, the interests of all segments of the population are taken into account, the general public, political parties, public organizations, representatives of expert and scientific circles, intellectuals actively participated in the development of the project; in short, as was emphasized, the project becomes literally a people's Constitution.
During the review, the speakers elaborated on each of the main amendments to the Constitution and exchanged views. In particular, the leaders of the factions of political parties emphasized that their respective proposals, which were based on their party programs and goals, were reflected in the draft Basic Law.
Uzbekistan is a sovereign, democratic, legal and social state
As a solid legal basis and a reliable guarantee of the long-term development of our country and the future prosperous life of our people, it is stated that Uzbekistan is a "sovereign, democratic, legal and social state" and that these principles cannot be changed.
These constitutional provisions are based on such important values as the preservation and further strengthening of our independence, the transfer of a free and free country to future generations, not deviating from the path of reforms aimed at the interests of the people, the rule of law and justice, attention and care for people. These values are being strengthened as the cornerstones of statehood.
Strong social protection and care for the needy 
The Constitution stipulates that the State will undertake a number of new obligations to reduce poverty, provide employment and protect against unemployment. In general, the norms containing the social obligations of the state are tripled.
For example, it is guaranteed that 2.2 million low-income families will receive financial assistance from the state. This corresponds to 25% of the total number of families to whom 11 trillion soums are allocated annually.
The deputies noted that the consolidation of the right of every citizen to housing in the Constitution and the encouragement of housing construction by the state provides a solid basis for achieving these goals. So, last year conditions were created for 50 thousand families to get new apartments, this year – 90 thousand, and in the next 2-3 years it is planned to settle 200 thousand families. 
For the first time, the State is obligated to take measures to improve the quality of life of socially needy categories of the population, to create conditions for the full participation of people with disabilities in the life of society and the state, the realization of their rights.
It was emphasized that the State undertakes to create conditions for the full use of socio-economic and cultural facilities and services by people with disabilities, to assist them in finding employment and obtaining education, which is a vivid expression of the principle of the welfare state.
The guarantees of human rights and freedoms have been strengthened
The highest duty of the State is to ensure human rights and freedoms. According to the introduced norms, ambiguities arising in legislation between a citizen and state authorities will be interpreted in favor of a citizen, and legal measures must be sufficient and proportionate to achieve a legal goal. These rules ensure the priority of human rights, increase the responsibility of State bodies in carrying out their duties with respect for human rights, and prevent the use of excessive legal measures against people.
The Constitution establishes guarantees of personal rights and freedoms of a person in accordance with the most advanced international standards. In particular, a person cannot be detained for more than 48 hours without a court order, and if the legality and validity of the detention is not proven in court, the person is subject to immediate release (Habeas Corpus institute), and during detention his rights and grounds for detention must be explained in understandable language ("Miranda rules"). In addition, the right of the accused and the defendant not to testify against themselves is enshrined, in other words, the “right of silence”. These provisions guarantee the inviolability of personal freedom and the prevention of illegal detention of people.
For the first time, it is established that the right to secrecy of correspondence, telephone conversations, mail, electronic messages and other messages can be restricted only by a court decision. Currently, the prosecutor has this prerogative, and the transfer of this power to the courts will be a fundamental turn in ensuring the inviolability of private life and constitutional rights of the individual.
The guarantee enshrined in the Constitution that the rights of relatives cannot be restricted on the basis of a criminal record means that a person is not responsible for mistakes committed by his relatives.
Forced labor, which has had a negative impact on the international image of our country for many years, has been completely abolished. The fact that the prohibition of any child labor that negatively affects the development of children is spelled out directly in the Basic Law of our country is a guarantee that this evil will remain in history.
The range of constitutional rights and freedoms is expanding
The Constitution significantly expands human rights and freedoms. In particular, the scope of constitutional rights is complemented by such as environmental rights, health protection, gender equality, free movement, free choice of place of residence and residence, unhindered departure from the country and return, use of the Internet, protection of personal data, higher education, free legal assistance, equality in access to public service, housing ownership and receiving compensation for its deprivation, confidentiality of banking transactions and accounts, making legislative proposals.
The inclusion in the Basic Law of such rights as working in favorable working conditions, receiving a fair wage for work, rest, receiving a guaranteed amount of medical care at the expense of the state, exercising public control in the field of urban planning, budgeting will further strengthen the economic and social protection of citizens.
The principle "In the name of human dignity" should be the main criterion in the Constitution, our laws and the activities of State bodies. For this reason, the draft Constitution establishes that human dignity and honor are inviolable and nothing can be the basis for their violation.
Access to education, teacher status
The norms on granting academic freedom to higher education institutions, the right to receive free higher education at the expense of the state on a competitive basis, and the support of non-governmental educational organizations create an opportunity for the younger generation to improve their lives, realize their dreams, find their place in life and develop their personality by mastering modern specialties.
Over the past six years, the number of universities in Uzbekistan has increased from 77 to 210, enrollment has increased 5 times, the number of students has increased by 1 million, and the coverage of higher education has increased from 9% to 38%. The number of state grants has also doubled, to 40,000, of which grants for obtaining a master's degree – 5 times.
The organization of inclusive education and upbringing of children with special needs in educational institutions, sending them to study in general education and other schools is a practical embodiment of the principle of human dignity in the New Uzbekistan.
The Constitution also stipulates that the State creates conditions for the development of preschool education and upbringing, and primary vocational education is free. The deputies noted that over the past six years, the coverage of children in kindergartens has increased from 27 percent to 70, and that the new norms introduced into the Constitution will allow achieving new goals in this direction.
It was emphasized that the norm of protecting the honor and dignity of teachers, taking care of their social and material well-being, professional growth serves to further enhance the social status and reputation of teachers in society, who play a key role in the development of the country, their intellectual potential.
The rights of young people are protected 
Bringing the issue of youth to the level of a separate chapter in the Constitution is a clear indication that youth policy is a priority in the New Uzbekistan. The deputies stressed that more than 18 million of our population are young people, and given that by 2040 this figure will reach 25 million, it is important to include in the Constitution a separate chapter dedicated to the problem of youth.
During the discussions, it was emphasized that assigning responsibility to the state for ensuring the protection of personal, political, economic, social, cultural and environmental rights of young people, encouraging their active participation in the life of society and the state, creating conditions for their spiritual, intellectual, creative, physical and moral development, the realization of their rights will contribute to the full manifestation of youth yourself in life.
Competitiveness of the economy and private entrepreneurship
The updated Constitution creates a solid foundation for the formation of a truly free market economy by strengthening guarantees of entrepreneurial activity, developing market relations, creating conditions for fair competition, ensuring a favorable investment and business climate, establishing a system of fair taxation, and limiting monopolistic activity.
Thanks to the wide opportunities created, the number of business entities has increased 6 times over the past six years and has reached 2 million today. The number of entrepreneurs whose incomes exceeded $ 1 million reached 26 thousand, and the incomes of 220 entrepreneurs reached $ 100 million.
The draft establishes a norm according to which the state guarantees the protection of property rights and related rights, and the restriction of property rights is carried out only on the basis of a court decision. In our country, the free movement of goods, services, labor resources and financial resources is guaranteed. It was noted that this will create a solid legal guarantee of stable economic growth and free activity of our entrepreneurs, who are considered the mainstay of our prosperous life.
Conservation of natural resources, care for the environment
As a prerequisite for improving the quality of life and health of the population, the Constitution provides for comprehensive measures to protect the environment.
The deputies noted that over the past three years, 15,000 complaints from residents dissatisfied with construction have been received, construction work on more than 200 objects has been suspended by courts in Tashkent alone, the number of cars has increased by 1.3 million to 3.6 million, 2.2 million tons of industrial and transport emissions are emitted into the atmosphere annually, which indicates that this the question is becoming more and more relevant.
In this regard, the State implements measures to improve, restore and protect the environment, maintain the ecological balance, creates conditions for public control in the field of urban development in order to ensure the environmental rights of citizens and prevent harmful effects on the environment. At the same time, the responsibility of the Government in the field of environmental protection, conservation of biological diversity and combating climate change is determined.
The constitutional norm that the general plans of cities should be submitted for public discussion will allow solving issues related to urban planning together with the population, which is becoming increasingly important in modern life.
The deputies stressed that these norms laid down in the Constitution are becoming important today, when natural resources are declining, global climate change, environmental and environmental problems threaten the future of humanity.
Mass media and civil society institutions: broad opportunities and reliable protection
The Constitution guarantees the freedom of the media, their right to seek, receive, use and disseminate information.
The deputies stated that obstruction or interference in the activities of the mass media and journalists who bring the voice and opinion of the people to the attention of the general public and state bodies will become a reason for responsibility, which will increase freedom of speech and information.
For the first time, the Constitution includes a separate chapter on civil society institutions and guarantees of their activities, which will serve as a solid basis for strengthening the atmosphere of openness, transparency and legality in society, dialogue between the state and society, and the establishment of strong public control.
Efficient and compact public administration
The updated Constitution is aimed at creating a strong parliament, a compact and responsible Government, as well as an independent and fair judicial system to build a State that serves the people.
The system of state power is unified and integral, and the modernization of one branch of government requires reform of its other branches. Accordingly, the powers of the chambers of Parliament are being reviewed in order to ensure the effective functioning of the system of checks and balances between the branches.
According to the reform, the powers of the Legislative Chamber and the Senate are significantly expanded, duplication in the work of the two chambers is eliminated, their area of responsibility is clearly defined. In particular, the absolute powers of the Legislative Chamber are increased from the current 5 to 12, and the Senate – from 14 to 18.
Such powers as consideration and approval of the candidacy of the Prime Minister, control over the execution of the State budget and consideration of the Accounts Chamber report are transferred to the jurisdiction of the Legislative Chamber directly elected by the people. This change fully corresponds to the representative character of the lower house and the best foreign experience.
As noted at the meeting, in order to strengthen discipline, responsibility and efficiency in the activities of executive authorities in the center and in the field, as well as taking into account advanced foreign experience, the procedure for appointing the Prime Minister to the post is approved after the President submits his candidacy to the Legislative Chamber and approval by people's deputies. Before submitting the candidacy of the Prime Minister to the Legislative Chamber, the President will consult with the factions of all political parties.
Under the current system, consideration of a candidate for the post of Prime Minister depends solely on the will of the party or parties that received the largest number of votes in the elections to the Legislative Chamber. According to the new proposed procedure, the participation of factions of all political parties will be ensured not only in the consideration of a candidate for the post of Prime Minister, but also in the formation of the entire government. Thus, the current procedure will acquire an even more democratic content.
Determining the right of the Legislative Chamber to make a proposal to the President on the dismissal of a minister whose work is considered unsatisfactory will serve to increase the accountability of government members to the people's deputies.
Based on the new tasks assigned to the Senate, in order to turn it into a compact agency serving the people, representing the interests of the regions, the Constitution also enshrines its powers to assist local councils of People's deputies.
These constitutional norms correspond to the priorities of the Development Strategy of the New Uzbekistan and the spirit of administrative reform, clearly delineate the powers of the chambers of parliament, eliminate duplication in their activities, optimize parallel functions, and ensure the effective functioning of the Oliy Majlis as a single integrated body.
At the same time, as it was emphasized, the number of members of the upper house will be reduced from the current 100 to 65, while maintaining equal representation of the regions by electing 4 senators from each region, and the number of senators appointed by the President – from 16 to 9. This will allow to harmonize the activities of the Senate of the Oliy Majlis with the essence of the administrative reforms carried out in the country.
It was also noted that the laws introduced by the lower house of parliament must be considered in the Senate within 60 days, and if this period expires, the law will be considered approved and sent to the President for signature.
Control functions of the Parliament 
In addition, the joint powers of the chambers of the Oliy Majlis are being strengthened, and the Constitution separately establishes the institution of parliamentary investigation, which is an important form of parliamentary control.
In order to strengthen the influence, place and role of the Oliy Majlis in the life of society, some powers of the President of the Republic of Uzbekistan are transferred to the Parliament.
In particular, the practice of considering candidates for the post of Prosecutor General and head of the Accounts Chamber is being introduced, first by the Senate, and then by the appointment of the President, as well as the election of the heads of antimonopoly and anti-corruption bodies by the Senate.
In order to strengthen parliamentary control over the activities of the special services, a procedure is being introduced in which a candidate for the post of head of the State Security Service is first considered by the Senate and then appointed by the President.
In order to ensure the true independence of the judiciary, a system of election by the Senate of all members of the Supreme Council of Judges is being introduced.
The principle of power sharing at the local level
It was noted that the implementation of the principle of separation of powers at the local level and the abolition of the practice of khokims heading the Kengashes of People's deputies will be a logical continuation of the modernization of the public administration system.
Speakers at the meeting stressed that the implementation of the principle of separation of powers at the local level and the elimination of the institution of the Khokims of the Kengashes of People's deputies (from 2024 for regional Kengashes, and from 2026 for district ones) will be a logical continuation of the administrative reforms carried out in the country, efforts to update the public administration system.
These changes in the field of local public administration will contribute to the democratization of the entire system of state power, the consistent implementation of the principle of separation of powers, and the creation of the foundations of a truly people's statehood.
Mahalla – the voice of the people
The Constitution provides for granting mahallas independent decision-making powers to solve everyday problems of the population, to create organizational and financial opportunities for this.
All this will serve to increase accountability, transparency, efficiency of decision-making by the state authorities and their effectiveness.
Independence and efficiency of the judicial system
During the discussion, it was emphasized that the changes introduced to strengthen guarantees of the independence of the courts, the inviolability of judges and non-accountability in specific cases, ensuring their safety, will become an important guarantee of the full and independent administration of justice.
The deputies noted that the constitutional norm that the financing of the activities of the courts should be carried out only from the state budget and that it should ensure the possibility of full and independent administration of justice, will contribute to the formation of a truly fair and independent judicial system and ensure the impartiality of the courts.
Granting citizens the right to appeal to the Constitutional Court about the constitutionality of the law applied to them by the court is a new mechanism for protecting their rights and legitimate interests.
The meeting, full of discussions, will continue its work tomorrow.
 
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