It should be recognized that the number of norms contained in the Constitution concerning human rights and the duties of the State in the social sphere is increasing two to three times. The allocation of norms as separate parts of the Constitution in the new edition indicates that special attention is paid to improving their content, which increases the obligations and guarantees of the state to citizens, their rights and freedoms are strengthened.
As an example, we will analyze the amendments and additions made to article 27 of the current Basic Law. In the new version of the Constitution of Uzbekistan, this article is numbered 31.
At the same time, it should be noted that the rights of citizens to property inviolability, based on special articles of the Constitution, are regulated by article 17 and chapters 16, 17, 20 and 21 of the Criminal Procedure Code of the Republic of Uzbekistan, article 100 of the Civil Code of Uzbekistan.
Chapter VII "Personal rights and freedoms of the individual" of the current Basic Law states: "Everyone has the right to protection from attacks on his honor and dignity, interference in his private life, the inviolability of his home (part one of Article 27). No one has the right to enter a dwelling, conduct a search or inspection, violate the secrecy of correspondence and telephone conversations, except in the case and in the manner prescribed by law" (part Two).
If we compare the articles concerning personal rights and freedoms in the new version of the Constitution with the current one, in particular, with the parts of the article in the previous version and the parts included in article 31 in the new version, their main content is identical. However, in the current Basic Law, these rights are very generalized, and two concepts concerning personality and housing are presented in one part.
The proposed amendments and additions in the new edition have been expanded and clarified, divided into five independent parts: in three it is proposed to state what concerns individual freedoms and rights, in two – housing. That is, in a certain logical sequence. This means that the state increases its responsibility and guarantees in this area several times.
The rights to privacy and family, to the protection of his honor and dignity, the secrets of private life are reflected in the first three parts of article 31 in the following norms. Part One: "Everyone has the right to privacy, personal and family secrets, protection of their honor and dignity."
Honor and dignity for a conscious person, a person formed in a society in which moral and spiritual values are the property and achievement of his own development, is perhaps the most valuable thing that determines his attitude to himself and at the same time is a criterion, a measure of his perception and evaluation by society. This is our inner state, which is formed throughout our life, is carefully guarded by us and therefore has the right to inviolability, protection from encroachments, various kinds of interference and external influence.
We also have every right to the secrecy of correspondence, telephone conversations and other actions carried out by us on a daily basis. Since, due to information technology development, a significant part of our life takes place in the vastness of the World Wide Web, we must be sure that personal data, information that we share, is reliably protected. Also, every citizen should have every right to the requirement to correct those unreliable data that in any way can harm our authority, health, life, professional activity.
Additions and amendments introduced into the Constitution in the new edition guarantee protection from such negative phenomena. Thus, the second part of article 31 states: "Everyone has the right to secrecy of correspondence, telephone conversations, postal, electronic and other communications. Restriction of this right is allowed only in accordance with the law and on the basis of a court decision." And part three implies the right to personal data protection, the requirement to correct false data, the destruction of data collected illegally or no longer having legal grounds."
The family, as one of the most developed social institutions, also needs protection from encroachments, because it contributes to the comprehensive development of society, each of whose members has his own private life, a secret that does not concern outsiders. It is this right that the norm of this article enshrines. That is, the state, realizing how sacred for a person everything that he values so much (his own honor, family honor, private life, secrets and secrets), guarantees their inviolability and protection, including the Basic Law.
It is clear that for the stable and safe development of a person, a family, there must be a place, that is, a home where you can live in peace, grow and develop. It is the center of our own universe, social, emotional and economic life.
Meanwhile, from the point of view of specific phenomena, events and facts of the development of the state, housing is primarily a human right, and not just a commodity, real estate. The Universal Declaration of Human Rights proclaims the right of everyone to own property and prohibits illegal deprivation of property. Forced eviction and other similar violations of housing rights simultaneously violate human rights such as the right to property, the right to access to justice, the right to social and cultural development, and even the right to life.
The fourth part of article 31 states and thereby guarantees the protection of the right to inviolability of the home.
It should be noted here that the right to be free from arbitrary or unlawful interference in a person's personal and family life, protection from arbitrary or unlawful encroachment on the inviolability of the home are provided for by a number of international documents, such as the International Covenant on Civil and Political Rights (one of the first international treaties on the protection of human rights, to which Uzbekistan joined in 1995 year); The International Covenant on Economic, Social and Cultural Rights (its signing means our country's acceptance of international obligations to protect all rights guaranteed by this treaty) and others.
It is no coincidence that the fifth part of Article 31 of the Constitution in the new edition reads: "No one can enter a dwelling against the will of the persons living in it. Penetration into the dwelling, as well as seizure and inspection in it are allowed only in the cases and in the manner prescribed by law. A search of a dwelling is allowed only in accordance with the law and on the basis of a court decision."
As you can see, no one, without legal grounds, has the right to invade your private territory. You have the right not to let into your house if those who want to come to you do not have a special document - a court order.
In general, article 31 of the Constitution is designed to protect the legitimate rights and freedoms of citizens as much as possible, which contribute to the diverse development of our society in which they live.
Muzaffar Jalalov.
Acting Rector of Inha University in Tashkent.