By Maria Stalbovskaya
Published July 2005
See the September/ October 2007 Update!
Stalbovskaya is a reference librarian at the Open
Library for Legal Information, Tashkent, Uzbekistan. She was
involved in a project called the "Organizational and Methodical Support for
Regional Public Law Centers" as the director of the project, lecturer, and
author of educational supplies and bulletins for the Law Centers. Maria
Stalbovskaya was the project assistant of the "Legal Information Support
for Under Judicial Investigation People". (Both projects were funded by the Open
Society Institute). She was the director of the IATP Project "Creating the
web-site of the Open Library for Legal Information" and also coordinated
the 1998-2000 USIS Project "The Development of Electronic Legal Resources of the Open
Library for Legal Information".
This article was previously published on LLRX.com on January 1, 2002
Table of Contents
The most outstanding feature of Uzbekistan legal history is the plurality of its legal traditions based on:
The hierarchy of Uzbekistan law includes: the Constitution of the Republic of Uzbekistan, constitutional laws, codes, ordinary laws, decrees of the President, decrees of the Cabinet of Ministers, normative acts.
The current Constitution of the Republic of Uzbekistan was accepted on December 8, 1992 on the eleventh session The Supreme Counsil of Republic of Uzbekistan of the twentieth convocation.
Constitution of the Republic of Uzbekistan is the most important element of legislation of independent Republic of Uzbekistan. See more here (in English).
Constitutional laws are in fundamental branch of public legislation and deals with the rules concerning the constitution and the structure of the state and status of the citizen in state. They lie within the Constitutional Court of the Republic Uzbekistan jurisdiction:
There are also laws on elections:
Amongst the market law are on:
There are decrees on measures to radically increase the share and significance of the private sector in the Uzbek economy (2003) and others.
There are laws of the Republic Uzbekistan on:
In accordance with the Constitution of the Republic Uzbekistan, "all citizens of the Republic Uzbekistan shall have identical rights and freedoms and be equal before the law without distinction of sex, race, nationality, language, religion, social origin, convictions, and personal and social status". There is the Authorized person for human rights/ Ombudsman at the Oliy Majlis of the Republic Uzbekistan.
The State shall ensure the rights and freedoms of citizens consolidated by the Constitution and other laws on:
Last years NGOs of the Uzbekistan made a valuable contribution to social and economic development of country. Main instruments of a NGO development in Uzbekistan are:
There is Committee on Democratic Institutions, Nongovernmental Organizations and Bodies of Self-governance at Oliy Majlis of the Republic Uzbekistan.
Any defendant has the right to defense. The right to legal assistance is guaranteed at any stage of the investigation and judicial proceedings. The organization and the procedure of it is specified by laws on:
A system of social legislation is being formed. Legal assistance to citizens, enterprises, institutions and organizations is offered by:
and Laws on:
These laws have been adopted defend the interests of the most needy strata of the populace under the complex conditions of a transition to a market economy.
The contemporary law of the Republic Uzbekistan can be situated in the Romano-Germanic legal family. It is codified and the Constitution of the Republic Uzbekistan is the most important element of the system of the sources of law. The system of State power of the Republic Uzbekistan is based on the principle of separation of powers into legislative, executive, and judicial:
The highest representative body of the state is the Oliy Majlis, the Supreme Assembly of the Republic of Uzbekistan. This body exercises legislative powers.
In accordance with the results of the Referendum of January 27 2002 the structure of the Oliy Majlis was changed. The Oliy Majlis of the Republic of Uzbekistan was enacted on June 1, 2004 as a bicameral parliament and consists of a Legislative chamber and a Senate. (This amendment to the Constitution of the Republic of Uzbekistan was officially published on May 22, 2003)
The Senate and the Legislative chamber of Oliy Majlis adopt and amend the Constitution and laws of Republic of Uzbekistan, legislatively regulate customs, currency and credit systems, problems of the administrative - territorial structure, and alteration of frontiers of the Republic of Uzbekistan and approve of the state's budget. They ratify of the decrees of the President on the establishment and abolition of the state institutions of country.
The Legislative chamber of Oliy Majlis shall chouse its Speaker and other Officers and may determine of its Proceedings.
The Senate of Oliy Majlis shall elect its Chairmen and other officers and may determine of its Proceedings. The Senate ratifies of the decrees of the President on the appointment and removal of the higher officials of country and elections of the Constitutional Court, Supreme Court, Higher Economic Court of the Republic of Uzbekistan, and other representative bodies, ratifies the international treaties and agreements and realizes other activity.
The right to initiate legislation in the Oliy Majlis of the Republic of Uzbekistan is vested in the President of the Republic of Uzbekistan, the Republic of Karakalpakstan through the highest body of state authority, the deputies of the Oliy Majlis of the Republic of Uzbekistan, the Cabinet of Ministers of the Republic of Uzbekistan, the Constitutional Court, the Supreme Court, the Higher Economic Court and the Procuracy General of the Republic of Uzbekistan.
The Oliy Majlis of the Republic of Uzbekistan shall pass laws, decisions and other acts. Any law shall be adopted when it is passed by a majority of the total voting power of the deputies of the Oliy Majlis.
Promulgation of the laws and other normative acts shall be a compulsory condition for their enforcement.
More parliamentary information can be found at http://www1.parliament.gov.uz/.
The President of the Republic of Uzbekistan is the head of state and the executive authority in the Republic of Uzbekistan.
The President of the Republic of Uzbekistan simultaneously serves as Chairman of the Cabinet of Ministers.
The President of the Republic of Uzbekistan shall be elected for a term of seven years. (This amendment to Constitution of the Republic of Uzbekistan on changing the constitutional period of the presidency is connected with the results of Referendum on January 27, 2002 and was officially published on May 22, 2003).
The President of the Republic of Uzbekistan shall:
The President of the Republic of Uzbekistan issues decrees, enactments and ordinances binding on the entire territory of the Republic on the basis of and for enforcement of the Constitution and the laws of the Republic of Uzbekistan.
Press Service of the President of the Republic of Uzbekistan click here.
The Cabinet of Ministers is appointed by the President of the Republic of Uzbekistan and approved by the Oliy Majlis. The head of the government of the Republic of Karakalpakstan is an ex officio member of the Cabinet of Ministers.
The Cabinet of Ministers issues enactments and ordinances in accordance with the current legislation. This is binding on all bodies of administration, enterprises, institutions, organizations, officials and citizens throughout the Republic of Uzbekistan.
The judicial system in the Republic of Uzbekistan consists of the Constitutional Court of the Republic, the Supreme Court, the Higher Economic Court of the Republic of Uzbekistan, along with the Supreme Court, and the Economic Court of the Republic of Karakalpakstan. These courts' judges have been elected for a term of five years. The judicial branch also includes regional, district, town, city, Tashkent city courts and arbitration courts appointed for a term of five years.
The Constitutional Court of the Republic of Uzbekistan hears cases relating to the Constitutionality of acts passed by the legislative and executive branches.
The Constitutional Court of the Republic of Uzbekistan judges the constitutionality of the laws of the Republic of Uzbekistan and other acts passed by the Oliy Majlis of the Republic of Uzbekistan, the decrees issued by the President of the Republic of Uzbekistan, the enactments of the government and the ordinances of local authorities, as well as obligations of the Republic of Uzbekistan under inter-state treaties and other documents; Confirm the constitutionality of the Constitution and laws of the Republic of Karakalpakstan to the Constitution and laws of the Republic of Uzbekistan; Interpret the Constitution and the laws of the Republic of Uzbekistan.
The Supreme Court of the Republic of Uzbekistan is the highest judicial body of civil, criminal and administrative law. The rulings of the Supreme Court are final and binding throughout the Republic of Uzbekistan. The Supreme Court of the Republic of Uzbekistan has the right to supervise the administration of justice by the Supreme Court of the Republic of Karakalpakstan, as well as by regional, city, town and district courts.
Any economic and management disputes that may arise between entrepreneurs, enterprises, institutions and organizations based on different forms of ownership, are settled by the Higher Arbitration Court and other arbitration courts within their authority.
Uzbekistan's legal documents are published in the following official publications:
In the first issue are included the texts all of: new law that have just being enacted by the Oliy Majlis of Republic of Uzbekistan, solutions of the Constitutional Court decrees and orders of the President of Republic of Uzbekistan, solutions of the Cabinet of Ministers. The second one includes normative acts of the ministries, state committees and departments of Republic of Uzbekistan are included registered by the Ministry of the Justice the departmental normative acts of an obligatory character.
They, being printed issuing of the Oliy Majlis and the Cabinet of the ministers of Republic of Uzbekistan, concern to official sources of publication of the legal acts.
There are also separate collections of a thematic or chronological selection of the legislation from these newspapers.