Constitution of Uzbekistan

The Constitution of Uzbekistan was adopted on 8 December 1992 on the 11th session of the Supreme Council of Uzbekistan. It replaced the Constitution of the Republic of Uzbekistan of 1978. It is the supreme law of the Republic of Uzbekistan (Article 15). The Constitution of Uzbekistan contains six parts and it is further divided into 26 chapters.
Overview.
The Constitution of Uzbekistan nominally creates a separation of powers among a strong presidency, the legislature (the Supreme Assembly of Uzbekistan or "Oliy Majlis"), and a judiciary.
The President of Uzbekistan, who is directly elected to a five-year term that can be renewed once, is the head of state and is granted supreme executive power by the constitution. As commander in chief of the armed forces, the President may declare a state of emergency or of war. The President is empowered to nominate a candidate of the prime minister for consideration of chambers of the Oliy Majlis and appoint full cabinet of ministers and the judges of the three national courts, subject to the approval of the "Oliy Majlis", and to appoint all members of lower courts. The President also has the power to dissolve the parliament, in effect negating the "Oliy Majlis"'s veto power over presidential nominations in a power struggle situation www.lex.uz.
The 150 deputies to the Legislative Chamber (lower house) of the bicameral "Oliy Majlis", the highest legislative body, are elected to five-year terms. The body may be dismissed by the President with the concurrence of the Constitutional Court; because that court is subject to presidential appointment, the dismissal clause weights the balance of power heavily toward the executive branch. The 100-member Senate includes 16 directly nominated by the President. The "Oliy Majlis" enacts legislation, which may be initiated by the President, within the parliament, by the high courts, by the procurator general (highest law enforcement official in the country), or by the government of the Autonomous Republic of Karakalpakstan. Besides legislation, international treaties, presidential decrees, and states of emergency also must be ratified by the "Oliy Majlis".
The national judiciary includes the Constitutional Court, the Supreme Court, and the High Economic Court. Lower court systems exist at the regional, district, and town levels. Judges at all levels are appointed by the President and approved by the "Oliy Majlis". Nominally independent of the other branches of government, the courts remain under the effective control of the executive branch. As in the system of the Soviet era, the procurator general and his regional and local equivalents are both the state's chief prosecuting officials and the chief investigators of criminal cases, a configuration that limits the pretrial rights of defendants.
Part I. Fundamental principles.
-Chapter 1 - State Sovereignty
- Article 1:
Uzbekistan is a sovereign democratic republic. Both names of the state - the Republic of Uzbekistan and Uzbekistan - shall be equivalent.
- Article 2:
The state shall express the will of the people and serve their interests. State bodies and officials shall be accountable to the society and the citizens.
- Article 3:
- Article 4:
The state language of the Republic of Uzbekistan shall be Uzbek. The Republic of Uzbekistan shall ensure a respectful attitude toward the languages, customs and traditions of all nationalities and ethnic groups living on its territory, and create the conditions necessary for their development.
- Article 5:
The Republic of Uzbekistan shall have its state symbols - the flag, the emblem, and the anthem-sanctioned by the law.
- Article 6:
The capital of the Republic of Uzbekistan shall be the city of Tashkent.
-Chapter 2 - Democracy
- Article 7:
The people are the sole source of state power. State power in the Republic of Uzbekistan shall be exercised in the interests of the people and solely by the bodies empowered therefore by the Constitution of the Republic of Uzbekistan and the laws passed on its basis. Any seizure of powers belonging to state authority, suspension or termination of activity of the bodies of state authority contrary to the procedure prescribed by the Constitution, as well as the formation of any new or parallel bodies of state authority shall be regarded as unconstitutional and punishable by law.
- Article 8:
The people of Uzbekistan consists of the citizens of the Republic of Uzbekistan irrespective of their nationality.
- Article 9:
Major matters of public and state life shall be submitted for a nationwide discussion and put to a direct vote of the people (a referendum). The procedure for holding referendums shall be specified by law.
- Article 10:
Only the National Assembly ("Oliy Majlis") and the President of the Republic, elected by the people, can act on behalf of the people of Uzbekistan. No part of society, political party, public association, movement, or individual may act on behalf of the people of Uzbekistan.
- Article 11:
The state power in Uzbekistan is divided into legislative, executive, and judicial branches.
- Article 12:
Public life in the Republic of Uzbekistan develops on the basis of diversity of political institutions, ideologies, and opinions. No single ideology may be established as a state ideology.
- Article 13:
Democracy in the Republic of Uzbekistan is based on general human principles, which assign the highest value to man, to human life, to freedom, honor, dignity, and other inalienable rights. Democratic rights and freedoms are protected by the Constitution and the laws.
- Article 14:
The state bases its activity on the principles of social justice and legality in the interest of well-being of man and society.
-Chapter 3 - Supremacy of the Constitution and the Law
- Article 15:
The Constitution and the laws of the Republic of Uzbekistan shall have absolute supremacy in the Republic of Uzbekistan. The state, its bodies, officials, public associations and citizens shall act in accordance with the Constitution and the laws.
- Article 16:
None of the provisions of the present Constitution shall be interpreted in a way detrimental to the rights and interests of the Republic of Uzbekistan. None of the laws or normative legal acts shall run counter to the norms and principles established by the Constitution.
-Chapter 4 - Foreign Policy
- Article 17:
Part II. Basic human and civil rights, freedoms and duties.
-Chapter 5 - General Provisions
- Article 18:
- Article 19:
Both citizens of the Republic of Uzbekistan and the state shall be bound by mutual rights and mutual responsibility. Citizens’ rights and freedoms, established by the Constitution and the laws, shall be inalienable. No one shall have the power to deny a citizen his rights and freedoms, or to infringe on them except by the sentence of a court.
- Article 20:
The exercise of rights and freedoms by a citizen shall not encroach on the lawful interests, rights and freedoms of other citizens, the state or society.
-Chapter 6 - Citizenship
- Article 21:
In the Republic of Uzbekistan, uniform citizenship shall be established throughout its territory. Citizenship in the Republic of Uzbekistan shall be equal for all regardless of the grounds of its acquisition. Every citizen of the Republic of Karakalpakstan shall be a citizen of the Republic of Uzbekistan. The grounds and procedure for acquiring and forfeiting citizenship shall be defined by law.
- Article 22:
The Republic of Uzbekistan shall guarantee legal protection to all its citizens both on the territory of the republic and abroad.
- Article 23:
-Chapter 7 - Personal Rights and Freedoms
- Article 24:
The right to exist is the inalienable right of every human being. Attempts on anyone’s life shall be regarded as the gravest crime.
- Article 25:
Everyone shall have the right to freedom and inviolability of the person. No one may be arrested or taken into custody except on lawful grounds.
- Article 26:
No one may be adjudged guilty of a crime except by the sentence of a court and in conformity with the law. Such a person shall be guaranteed the right to legal defense during open court proceedings. No one may be subject to torture, violence or any other cruel or humiliating treatment. No one may be subject to any medical or scientific experiments without his consent.
- Article 27:
- Article 28:
Any citizen of the Republic of Uzbekistan shall have the right to freedom of movement on the territory of the Republic, as well as a free entry to and exit from it, except in the events specified by law.
- Article 29:
- Article 30:
All state bodies, public associations and officials in the Republic of Uzbekistan shall allow any citizen access to documents, resolutions and other materials, relating to their rights and interests.
- Article 31:
Freedom of conscience is guaranteed to all. Everyone shall have the right to profess or not to profess any religion. Any compulsory imposition of religion shall be impermissible.