Tashkent, Uzbekistan (UzDaily.com) -- On 14 March 2023, the thirty-eighth plenary session of the Senate of the Oliy Majlis of the Republic of Uzbekistan was held in Tashkent.

The senators considered the issue of holding a referendum on the draft Constitutional Law of the Republic of Uzbekistan “On the Constitution of the Republic of Uzbekistan”.

On 10 March, a meeting of the Legislative Chamber was held, at which a resolution was adopted on the appointment and holding of a referendum on the draft Constitutional Law. The resolution also envisaged sending it to the Constitutional Court to determine its compliance with the Constitution and obtain an opinion.

Constitutional Court on 13 March held its meeting, studied the above resolution and recognized it as consistent with the Constitution. In accordance with the Law “On the Referendum of the Republic of Uzbekistan”, the draft Constitutional Law was considered in the Senate.

At the meeting, it was noted that constitutional reforms are an integral part of the fundamental changes taking place in all spheres of the country’s life, creating a solid legal basis for them and adapting our Basic Law to today’s realities in society and the logic of our accelerated reforms.

The proposals of our people, experts and specialists, international practice and the experience of foreign countries have been taken into account.

Based on the idea that “the only source and author of the Constitution should be the people,” a nationwide discussion was held on the draft Constitutional Law, in total, more than 220,000 proposals for its improvement were received from the population, of which every fourth is reflected in the draft.

During the preparation of the draft Constitutional Law, more than 400 international documents adopted by the UN, the OSCE, the SCO, the EU, the Organization of Turkic States and other international organizations, the constitutions of almost 190 countries were carefully analyzed.

The Draft Constitutional Law was repeatedly discussed with the participation of international experts and specialists with about 10 foreign and international expert reviews and was also supported by them.

Fundamental norms are introduced regarding the legal status of the state of Uzbekistan

For the first time in the Constitution, it is fixed as an invariable provision that Uzbekistan is a sovereign, democratic, legal and social state. This fundamental norm is aimed at preserving and further strengthening the independence of our country, intensive continuation of reforms based on the principle “For the sake of human dignity” and ensuring the priority of law.

Uzbekistan in international relations will remain committed to good neighborliness and strategic cooperation

The pursuit of a peaceful foreign policy by Uzbekistan, the recognition of the principle of the territorial integrity of states along with the principles of the sovereign equality of states, the non-use of force or threat of force will further enhance the status of our country as a reliable partner, faithful to the generally recognized ideas of international law.

The senators noted that it was not easy to “melt the 25-year-old ice” between us and our neighbors, this required great political will and great work, and by solving the 30-year border problem with our fraternal Kyrgyzstan alone, over 2 million inhabitants of the valley got the opportunity to freely travel and communication with their loved ones and relatives.

Ensuring human rights and freedoms is defined as the highest duty of the state

In the project, ensuring human rights and freedoms is fixed as the highest duty of the state. The senators stressed that this norm is permeated in the content of the entire Constitution. In particular, it is fixed that human rights and freedoms determine the essence of laws, the activities of state bodies and their officials.

At the same time, ambiguities in the relationship of a person with state bodies are interpreted in favor of a person, and legal measures should be based on the principle of proportionality and be sufficient to achieve legitimate goals.

These provisions ensure the priority of human rights, increase the responsibility of state bodies in the performance of their duties in compliance with human rights, and prevent the use of excessive legal measures against a person.

In the project on the principle of "man-society-state", the norms relating to human rights are increased by almost 3.5 times. In particular, a rule is introduced that enshrines the guarantees of the inviolability of the person in criminal proceedings, that everyone has the right to freedom and inviolability of private life, to the secrecy of correspondence, telephone conversations, postal, electronic and other messages, restriction of this right is allowed on the basis of a court decision.

For the first time at the level of the Constitution, it is fixed that the state creates conditions for access to the worldwide information network Internet.

The signs of a welfare state focused on the principle of social justice and solidarity have been reflected

It was noted that the definition of Uzbekistan as a social state indicates that from now on the priority policy of the state will be aimed at supporting socially vulnerable or low-income strata, education, healthcare, social services and mitigating social inequality in society.

The Constitution triples the norms relating to the state’s social obligations, in particular, it establishes that the state assumes a number of new obligations to reduce poverty, ensure employment, and protect against unemployment.

During the discussion, it was emphasized that the state undertakes to create conditions for the full use of objects and services of the social, economic and cultural spheres by persons with disabilities, to facilitate their employment and obtaining those in need, to improve the quality of life of socially vulnerable categories of the population, which is also characteristic of a welfare state .

It is enshrined that everyone has the right to housing, the duty of the state to encourage housing construction and create conditions for the exercise of the right to housing.

The senators noted that last year conditions were created in our country for obtaining new apartments for 50 thousand families, and this year it is planned to provide housing for 90 thousand families, and within 2-3 years 200 thousand families. This constitutional norm is a guarantee of achieving these goals and continuing work in this direction.

The constitutional foundations for protecting public health are being strengthened

At the meeting, special attention was paid to the fact that the draft increased by 4 times the norms related to the protection of public health, in particular, for the first time at the level of the Constitution, everyone’s right to health protection and qualified medical care is enshrined.

It was emphasized that the state undertakes the obligation to provide a number of free medical services to the population. In 2023, the “Package of Guaranteed Services” will be revised, the volume of diagnostic, treatment and preventive services for 20 types of diseases will be fully covered, free primary tests for 20 common diseases will be increased from 15 to 25, examinations - from 10 to 20, medicines - from 64 to 90.

The right to education and teachers are protected by the Constitution

For the first time, the draft includes provisions on granting academic freedom to higher educational organizations, support for non-state educational organizations.

The new version of the Constitution guarantees the receipt of free higher education at the expense of the state on a competitive basis. The senators emphasized that until 2017 the number of state grants for entering universities only decreased, over the past six years the situation in this matter has completely changed, the number of grants has doubled and reached 40,000.

The senators emphasized that these norms contain important provisions aimed at creating conditions for the younger generation to master modern specialties, receive higher education, and sustainable development of the education system.

At the same time, the organization of inclusive education and upbringing in educational institutions for children with special needs, the establishment of their education in all secondary schools is the implementation in practice in New Uzbekistan of the principle of human dignity.

The draft also notes that the state will create conditions for the development of preschool education and upbringing, and primary vocational education is free. During the discussion, it was noted that over the past six years, the coverage of children in kindergarten has increased from 27% to 70%, new norms are included in the Constitution, which will allow achieving new goals in this direction.

Separately, the senators noted the norm on protecting the honor and dignity of teachers, ensuring their social and material well-being, and caring for their professional growth. At the meeting, it was noted that this norm consolidates the work done in the country over the past six years to increase the importance of the teacher, his prestige and status and contributes to a further increase in the social status and prestige of teachers in society.

Constitutional guarantees for the prohibition of forced labor are established

Forced labor, which for many years was a huge problem in our society and negatively affected the international image of our country, has been completely eradicated. The practical result of our work in this direction was the cancellation by the international coalition "Cotton Campaign" in 2022 of the "cotton boycott", which since 2009 has been a stigma for our country.

The senators noted that the direct enshrining in the Basic Law of a ban on any child labor that adversely affects the harmonious development of children will guarantee that this vice will go down in history.

Market mechanisms will be further developed and the inviolability of private property is guaranteed

Particular attention is paid to the development of the national economy and entrepreneurship, improving the investment climate in the country and further strengthening the protection of property. The state determines the mechanisms for developing market relations, creating conditions for fair competition, ensuring a favorable business and investment climate, and protecting the inviolability of private property.

The Development Strategy of New Uzbekistan defines the task by 2030 to increase GDP per capita by 1.6 times, and income - by more than 4 thousand US dollars and become one of the "countries with upper-middle incomes." The proposed norms serve to achieve these goals and ensure stable high growth rates in the sectors of the economy.

The draft emphasizes that ensuring the inviolability of property and related rights is guaranteed by the state, restriction of property rights is possible only by a court decision, free movement of goods, services, labor and financial resources is guaranteed, which creates a strong legal guarantee of sustainable economic growth, free activity of entrepreneurs and business people who are the basis of our prosperous life.

The rights of youth, children, women will be protected by the state

The project strengthens the guarantees of human rights and freedoms, the rights of children, youth, and family issues. In particular, care for youth, children, women, families is being strengthened as the most important task of the state and society. The state establishes the protection of the personal, political, economic, social, cultural rights of young people.

The senators noted that bold steps have been taken in New Uzbekistan to increase the socio-political activity of women, ensure their rights and freedoms, and create broad opportunities for their participation in the affairs of the state and society.

In particular, for the first time the proportion of women in the national parliament has reached 32%, which is in line with the UN recommendations. The proportion of women in the civil service is 33%, in the economy and industry - 46%, in education - 74%, in medicine - 77%. About 2,000 of our women hold leadership positions in state and public organizations.

The senators emphasized that it is important that the project includes a separate chapter on the problem of youth, which makes up more than 18 million people.

In particular, the state is responsible for ensuring the protection of the rights of young people, stimulating their active participation in the life of society and the state, creating conditions for their spiritual, intellectual, creative, physical and moral development, and the realization of their rights. It was noted that these provisions provide young people with the opportunity for full self-realization.

The norms concerning the protection of the environmental rights of citizens are fixed constitutionally

Special legal norms are established dedicated to ensuring the environmental rights of citizens, in particular, it is determined that the state takes measures to improve, restore and protect the environment, maintain the ecological balance, protect and restore the ecological system of the Aral Sea region.

At the meeting, it was emphasized that this constitutional norm will become the basis for achieving the goals defined by the Development Strategy of New Uzbekistan, such as bringing the share of renewable energy sources to 25% by 2026, reducing emissions of harmful gases into the atmosphere by sectors of the economy by 10% of gross domestic product.

In this regard, the senators noted that in order to ensure the environmental rights of citizens and prevent harmful effects on the environment, the state creates conditions for public control in the field of urban planning.

The norms concerning the institutions of civil society and the media are being further developed.

The role and status of civil society institutions are constitutionally strengthened, for the first time a separate chapter is included on civil society institutions, a definition is given to civil society institutions and guarantees are established for their activities.

The implementation of support measures for civil society institutions, ensuring their participation in the development and implementation of socio-economic development programs are defined as the most important tasks of the Government.

The senators noted that over the past 6 years, the volume of state support for civil society institutions has increased 25 times, a system of budgetary financing of the activities of 472 public associations of people with disabilities, 150 national cultural centers have been introduced, and constitutional norms will allow raising work in this direction to a new level.

The Constitution guarantees the freedom of the media, their rights to seek, receive, use and disseminate information. It is also clearly established that obstructing or interfering with the activities of the media entails liability.

At the meeting, it was noted that these norms in the draft provide ample opportunities and strong protection in ensuring greater activity of the media and civil society institutions, strengthen the atmosphere of openness, transparency and legality in society, dialogue between the state and society, create the basis for establishing strong public control , further enhancing freedom of speech and information in our country.

The system of state power is being radically reformed and parliamentarism is being strengthened

The foundations of the organization of state power, the status and interaction of the legislative and executive branches of power are being radically improved, and the balance between the highest bodies of state power is being strengthened. The powers of the parliament are being strengthened, the status of the Senate as a chamber of territorial representation is being improved.

If under the current Constitution there were 5 exclusive powers of the Legislative Chamber, then according to the draft there are 12 of them. The exclusive powers of the Senate are increased from the current 14 to 18.

In accordance with the draft, the exclusive powers of the Legislative Chamber include the authority to consider and approve the candidacy of the Prime Minister, based on the best foreign experience, a procedure is introduced for the President to consult with all factions of political parties before submitting the candidacy of the Prime Minister to the Legislative Chamber. It was noted that thanks to this, the process of nominating a candidate for the post of Prime Minister becomes more democratic.

It was emphasized that the updated Constitution proposes to introduce a practice according to which candidates for the post of Prosecutor General, Chairman of the Accounts Chamber are first considered in the Senate and then appointed by the President, and the heads of the anti-corruption body and the antimonopoly body are elected by the Senate.

It was noted that in order to strengthen parliamentary control over the activities of the special services, a procedure is being introduced for holding first consultations in the Senate on a candidate for the post of chairman of the State Security Service, and then appointment by the President.

It was noted at the meeting that the consolidation in the Basic Law of the powers of the Senate to assist the activities of local representative bodies will be important for the effective organization of the activities of local Kengashes in the new constitutional and legal conditions, when the chairmanship of the khokim in local Kengashes is canceled, strengthens the responsibility of the Senate as a body, representing the interests of the regions so that local Kengashi become responsible and popular.

The senators stressed that granting the Senate the right to submit legislative proposals to the Legislative Chamber as a legislative initiative will help increase the efficiency of the legislative and control and analytical activities of the upper chamber, including on the legislative solution of issues of concern to the people.

At the plenary session, it was noted that the number of senators is changing from the current 100 to 65 in order to increase the efficiency of the Senate by ensuring its compactness. At the same time, the current procedure for the formation of the Senate, including equal representation in the field, is preserved. It was emphasized that this norm would bring the activities of the Senate in line with the goals of the ongoing administrative reforms in the country.

It is established that khokims do not head Kengashi of People’s Deputies

It was noted that the rule on the abolition of the institution of chairmanship of khokims in the Kengashes of people’s deputies serves to introduce the principle of separation of powers at the local level, increase the efficiency of local Kengashes, increase the responsibility of khokims to people’s representatives, and fully ensure the interests of the people in the regions.

At the same time, it was emphasized that in order to prepare an appropriate regulatory framework, ensure consistency and continuity in the activities of local representative and executive bodies of state power, it is advisable to apply this procedure in the regions and the city of Tashkent - following the results of the next elections to representative bodies in 2024, and in in relation to the representative and executive bodies of state power of districts and cities - from 1 January 2026.

Strengthening guarantees for the independence of the judiciary

The senators stressed that the inclusion in the new version of the Constitution of important norms to strengthen guarantees for the independence of the courts, establish the immunity and accountability of judges in specific cases, and ensure their safety will become an important guarantee for the full and independent administration of justice.

Especially, the constitutional norm that the financing of the activities of the courts should be carried out exclusively from the State budget and it should ensure the possibility of full, independent administration of justice, serves to form a truly fair and independent judicial system.

Giving citizens the right to apply to the Constitutional Court regarding the constitutionality of the law applied to them by the court is a completely new democratic order that allows citizens to more reliably protect their rights and legitimate interests.

At the meeting, it was emphasized that the new version of the Constitution would lay the foundations of social, democratic-legal and truly people’s statehood, this would become an important factor in improving the welfare of the population, further enhancing the rights and interests, human dignity and liberalizing all spheres of life, and would also mark a new period in the development of the New Uzbekistan.

Thanks to these changes and additions, the number of articles of the Constitution increased from the current 128 to 155, the volume of norms increased by 65%. It was noted that the number and content of these changes and additions testify to the need to adopt a new edition of the Constitution.

Following the discussion, the senators adopted a resolution “On holding a referendum of the Republic of Uzbekistan on the draft Constitutional Law of the Republic of Uzbekistan “On the Constitution of the Republic of Uzbekistan”, according to which the referendum is scheduled for 30 April 2023.