CONSTITUTION OF THE
REPUBLIC OF UZBEKISTAN
(Adopted
December 8, 1992)
Preamble
The People of the
Republic of Uzbekistan, solemnly declaring their commitment to human rights and
the principles of state sovereignty, aware of their ultimate responsibility to
the present and the future generations, relying on historical experience in the
development of Uzbek statehood, affirming their commitment to the ideals of
democracy and social justice, recognizing priority of the generally accepted
norms of the international law, aspiring to a worthy life for the citizens of
the Republic, setting forth the task of creating a humane and democratic rule
of law, aiming to ensure civil peace and national accord, represented by their
plenipotentiary deputies adopt the present Constitution of the Republic of
Uzbekistan.
PART
ONE
FUNDAMENTAL
PRINCIPLES
CHAPTER
ONE
STATE
SOVEREIGNTY
Article 1. Uzbekistan is a sovereign democratic
republic. Both names of the state - Republic of Uzbekistan
and Uzbekistan - shall be equivalent.
Art. 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.
Art. 3. The Republic of Uzbekistan shall determine
its national-state and administrative-territorial structure, its structure of
state authority and administration, and shall pursue independent home and
foreign policies.
The state frontier and the territory of Uzbekistan shall be inviolable
and indivisible.
Art. 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.
Art. 5. The Republic of Uzbekistan shall have its
state symbols-the flag, the emblem, and the anthem - sanctioned by the law.
Art. 6. The capital of the Republic of Uzbekistan
shall be the city of Tashkent.
CHAPTER
TWO
DEMOCRACY
Art. 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 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.
Art. 8. All citizens of the Republic of Uzbekistan,
regardless of their nationality, constitute the people of Uzbekistan.
Art. 9. Major matters of public and state life shall
be submitted for a nation-wide discussion and put to a direct vote of the
people (a referendum). The procedure
for holding referendums shall be specified by law.
Art. 10. The Oliy Majlis (Supreme Assembly) and
President of the Republic, elected by the people, shall have the exclusive
right to act on behalf of the people.
No section of society, political party, public association, movement or
individual shall have the right to act on behalf of the people of Uzbekistan.
Art. 11. The principle of the separation of power
between the legislative, executive and judicial authorities shall underlie the
system of state authority in the Republic of Uzbekistan.
Art. 12. In the Republic of Uzbekistan, public life
shall develop on the basis of a diversity of political institutions,
ideologies, and opinions.
No ideology shall be granted the status of state ideology.
Art. 13. Democracy in the Republic of Uzbekistan
shall rest on the principles common to all mankind, according to which the
ultimate value is the human being, his life, freedom, honor, dignity, and other
inalienable rights.
Democratic rights and freedoms shall be protected by the Constitution
and the laws.
Art. 14. The state shall function on the principles
of social justice and legality in the interests of the people and society.
CHAPTER
THREE
SUPREMACY OF THE
CONSTITUTION
AND THE
LAW
Art. 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.
Art. 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
FOUR
FOREIGN
POLICY
Art. 17. The Republic of Uzbekistan shall have full
rights in international relations. Its
foreign policy shall be based on the
principles of sovereign equality of the states, non-use of force or threat of
its use, inviolability of frontiers, peaceful settlement of disputes,
non-interference in the internal affairs of other states, and other universally
recognized norms of international law.
The Republic may form alliances, join or withdraw from unions and other
inter-state organizations proceeding from the ultimate interests of the state
and the people, their well-being and security.
PART
TWO
BASIC HUMAN AND
CIVIL RIGHTS,
FREEDOMS AND
DUTIES
CHAPTER
FIVE
GENERAL
PROVISIONS
Art. 18. All citizens of the Republic of Uzbekistan
shall have equal rights and freedoms, and shall be equal before the law,
without distinction by sex, race, nationality, language, religion, social
origin, convictions, individual and social status.
Any privileges may be granted solely by the law and shall conform to
the principles of social justice.
Art. 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 a court.
Art. 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
SIX
CITIZENSHIP
Art. 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 Uzbeksitan.
The grounds and procedure of the acquiring and forfeiting citizenship
shall be defined by law.
Art. 22. The Republic of Uzbekistan shall guarantee
legal protection to all citizens both on the territory of the Republic and
abroad.
Art. 23. Foreign citizens and stateless persons,
during their stay on the territory of the Republic of Uzbekistan, shall be
guaranteed the rights and freedoms in accordance with the norms of
international law.
They shall perform the duties established by the Constitution, laws,
and international agreements signed by the Republic of Uzbekistan.
CHAPTER
SEVEN
PERSONAL RIGHTS
AND FREEDOMS
Art. 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.
Art. 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.
Art. 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.
Non 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.
Art. 27. Everyone shall be entitled to protection
against encroachments on his honor, dignity, and interference in his private
life, and shall be guaranteed inviolability of the home.
No one may enter a home, carry out a search or an examination, or
violate the privacy of correspondence and telephone conversations, except on
lawful grounds and in accordance with the procedure prescribed by law.
Art. 28. Any citizen of the Republic of Uzbekistan
shall have the right to freedom of movement in the territory of the Republic,
as well as a free entry to and exit from it, except in the events specified by
law.
Art. 29. Everyone shall be guaranteed freedom of
thought, speech, and convictions. Everyone shall have the right to seek, obtain, and disseminate any
information, except that which is directed against the existing constitutional
system and in some other instances specified by law.
Freedom of opinion and their expression may be restricted by law if any
state or other secret is involved.
Art. 30. All state bodies, public associations, and
officials of the Republic of Uzbekistan shall allow any citizen access to
documents, resolutions, and other materials, relating to their rights and
interests.
Art. 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.
CHAPTER
EIGHT
POLITICAL
RIGHTS
Art. 32. All citizens of the Republic of Uzbekistan
shall have the right to participate in the management and administration of
public and state affairs, both directly and through representation. They may
exercise this right by way of self-government, referenda, and the democratic
formation of state bodies.
Art. 33. All citizens shall have the right to engage
in public life by holding rallies, meetings, and demonstrations in accordance
with the legislation of the Republic of Uzbekistan. The bodies of authority shall have the right to suspend or ban
such undertakings activities exclusively on the grounds of security.
Art. 34. All citizens of the Republic of Uzbekistan
shall have the right to form trade unions, political parties, and any other
public associations, and to participate in mass movements.
No one may infringe on the rights, freedoms, and dignity of the
individuals constituting the minority opposition in political parties, public
associations, and mass movements, as well as in representative bodies of authority.
Art. 35. Everyone shall have the right, both individually
and collectively, to submit applications and proposals, and to lodge complaints
with competent state bodies, institutions, and public representatives.
Such applications, proposals, and complaints shall be considered in
accordance with the procedure and within the time limit specified by law.
CHAPTER
NINE
ECONOMIC AND
SOCIAL RIGHTS
Art. 36. Everyone shall have the right to own
property.
The privacy of bank deposits and the right to inheritance shall be
guaranteed by law.
Art. 37. Everyone shall have the right to work,
including the right to choose their occupation. Every citizen shall be entitled to fair conditions of labor and
protection against unemployment in accordance with the procedure prescribed by
law.
Any forced labor shall be prohibited, except as punishment under the
sentence of a court, or in some other instances specified by law.
Art. 38. Citizens working on hire shall be entitled
to a paid rest. The number of working
hours and the duration of paid leave shall be specified by law.
Art. 39. Everyone shall have the right to social
security in old age, in the event of disability and loss of the bread-winner as
well as in some other cases specified by law.
Pensions, allowances and other kinds of welfare may not be lower than
the officially fixed minimum subsistence wage.
Art. 40. Everyone shall have the right to receive
skilled medical care.
Art. 41. Everyone shall have the right to
education. The state shall guarantee
free secondary education. Schooling
shall be under state supervision.
Art. 42. Everyone shall be guaranteed the freedom of
scientific research and engineering work, as well as the right to enjoy
cultural benefits. The state shall
promote the cultural, scientific, and technical development of society.
CHAPTER
TEN
GUARANTEES OF HUMAN
RIGHTS AND FREEDOMS
Art. 43. The state shall safeguard the rights and
freedoms of citizens proclaimed by the Constitution and laws.
Art. 44. Everyone shall be entitled to legally defend
his rights and freedoms, and shall have the right to appeal any unlawful action
of state bodies, officials and public associations.
Art. 45. The rights of minors, the disabled, and the
elderly shall be protected by the state.
Art. 46. Women and men shall have equal rights.
CHAPTER
ELEVEN
DUTIES OF
CITIZENS
Art. 47. All citizens shall perform the duties
established by the Constitution.
Art. 48. All citizens shall be obliged to observe the
Constitution and laws, and to respect the rights, freedoms, honor, and dignity
of others.
Art. 49. It is the duty of every citizen to protect
the historical, spiritual, and cultural heritage of the people of Uzbekistan.
Cultural monuments shall have protection by the state.
Art. 50. All citizens shall protect the environment.
Art. 51. All citizens shall be obliged to pay taxes
and local fees established by law.
Art. 52. Defense of the Republic of Uzbekistan is the
duty of every citizen of the Republic of Uzbekistan. Citizens will be obliged to perform military or alternative
service in accordance with the procedure established by law.
PART
THREE
SOCIETY AND THE
INDIVIDUAL
CHAPTER
TWELVE
THE ECONOMIC
FOUNDATION OF SOCIETY
Art. 53. The economy of Uzbekistan, evolving towards
market relations, is based on various forms of ownership. The state shall guarantee freedom of
economic activity, entrepreneurship and labor with due regard for the priority
of consumer's rights, as well as equality and legal protection of all forms of
ownership.
Private property, along with the other types of property, shall be
inviolable and protected by the state. An owner may be deprived of his property solely in the cases and in
accordance with the procedure prescribed by law.
Art. 54. An owner shall possess, use and dispose of
his property. The use of any property
must not be harmful to the ecological environment, nor shall it infringe on the
rights and legally protected interests of citizens, juridical entities, or the
state.
Art. 55. The land, its minerals, fauna and flora, as
well as other natural resources shall constitute the national wealth, and shall
be rationally used and protected by the state.
CHAPTER
THIRTEEN
PUBLIC
ASSOCIATIONS
Art. 56. Trade unions, political parties, and
scientific societies, as well as women's, veterans and youth leagues,
professional associations, mass movements and other organizations registered in
accordance with the procedure prescribed by law, shall have the status of
public associations in the Republic of Uzbekistan.
Art. 57. The formation and functioning of political
parties and public associations aiming to do the following shall be prohibited:
changing the existing constitutional system by force; coming out against the
sovereignty, territorial integrity, and security of the Republic, as well as
the constitutional rights and freedoms of its citizens; advocating war and
social, national, racial, and religious hostility, and encroaching on the
health and morality of the people, as well as of any armed associations and
political parties based on the national or religious principles.
All secret societies and associations shall be banned.
Art. 58. The state shall safeguard the rights and
lawful interests of public associations and provide them with equal legal
possibilities for participating in public life.
Interference by state bodies and officials in the activity of public
associations, as well as interference by public associations in the activity of
state bodies and officials is impermissible.
Art. 59. Trade unions shall express and protect the
socio-economic rights and interests of the working people. Membership in trade unions is optional.
Art. 60. Political parties shall express the
political will of various sections and groups of the population, and through
their democratically elected representatives shall participate in the formation
of state authority. Political parties
shall submit public reports on their financial sources to the Oliy Majlis or
their plenipotentiary body in a prescribed manner.
Art. 61. Religious organizations and associations
shall be separated from the state and equal before the law. The state shall not interfere with the
activity of religious associations.
Art. 62. Public associations may be dissolved or
banned, or subject to restricted activity solely by the sentence of a court.
CHAPTER
FOURTEEN
THE
FAMILY
Art. 63. The family is the primary unit of society
and shall have the right to state and societal protection.
Marriage shall be based on the willing consent and equality of both
parties.
Art. 64. Parents shall be obliged to support and care
for their children until the latter are of age.
The state and society shall support, care for, and educate orphaned
children, as well as children deprived of parental guardianship, and encourage
charity in their favor.
Art. 65. All children shall be equal before the law
regardless of their origin and the civic status of their parents.
Motherhood and childhood shall be protected by the state.
Art. 66. Able-bodied children who are of age shall be
obliged to care for their parents.
CHAPTER
FIFTEEN
THE MASS
MEDIA
Art. 67. The mass media shall be free and act in
accordance with the law. It shall bear
responsibility for trustworthiness of information in a prescribed manner.
Censorship is impermissible.
PART
FOUR
ADMINISTRATIVE AND
TERRITORIAL
STRUCTURE AND
STATE SYSTEM
CHAPTER
SIXTEEN
ADMINISTRATIVE AND
TERRITORIAL
STRUCTURE OF THE
REPUBLIC OF UZBEKISTAN
Art. 68. The Republic of Uzbekistan shall consist of
regions, districts, cities, towns, settlements, kishlaks and auls (villages) in
Uzbekistan and the Republic of Karakalpakstan.
Art. 69. Any alteration of the boundaries of the
Republic of Karakalpakstan, regions, the city of Tashkent, as well as the
formation and annulment of regions, cities, towns and districts shall be
sanctioned by the Oliy Majlis of the Republic of Uzbekistan.
CHAPTER
SEVENTEEN
THE REPUBLIC OF
KARAKALPAKSTAN
Art. 70. The sovereign Republic of Karakalpakstan is
part of the Republic of Uzbekistan.
The sovereignty of the Republic of Karakalpakstan shall be protected by
the Republic of Uzbekistan.
Art. 71. The Republic of Karakalpakstan shall have
its own Constitution.
The Constitution of the Republic of Karakalpakstan must be in
accordance with the Constitution of the Republic of Uzbekistan.
Art. 72. The laws of the Republic of Uzbekistan shall
be binding in the territory of the Republic of Karakalpakstan.
Art. 73. The territory and boundaries of the Republic
of Karakalpakstan may not be altered without the consent of
Karakalpakstan. The Republic of
Karakalpakstan shall be independent indetermining its administrative and
territorial structure.
Art. 74. The Republic of Karakalpakstan shall have
the right to secede from the Republic of Uzbekistan on the basis of a
nation-wide referendum held by the people of Karakalpakstan.
Art. 75. The relationship between the Republic of
Uzbekistan and the Republic of Karakalpakstan, within the framework of the
Constitution of the Republic of Uzbekistan, shall be regulated by treaties and
agreements concluded by the Republic of Uzbekistan and the Republic of
Karakalpakstan.
Any disputes between the Republic of Uzbekistan and the Republic of
Karakalpakstan shall be settled by the way of reconciliation.
PART
FIVE
ORGANIZATION OF
STATE AUTHORITY
CHAPTER
EIGHTEEN
OLIY MAJLIS OF THE
REPUBLIC OF UZBEKISTAN
Art. 76. The highest state representative body is the
Oliy Majlis (the Supreme Assembly) of the Republic of Uzbekistan. This exercises legislative power.
Art. 77. The Oliy Majlis of the Republic of
Uzbekistan shall consist of 150 deputies, elected by territorial constituencies
on a multi-party basis for a term of five years.
All citizens of the Republic of Uzbekistan who have reached the age of
25 by election day, shall be eligible for election to the Oliy Majlis of the
Republic of Uzbekistan.
Requirements of candidates shall be determined by law.
Art. 78. The exclusive powers of the Oliy Majlis of
the Republic of Uzbekistan shall include:
1) the adoption and amending of the Constitution of the
Republic of Uzbekistan;
2) enactment and amending of the Constitution of the
Republic of Uzbekistan;
3) determination of the guidelines of home and foreign
policies of the Republic of
Uzbekistan and approval of
long-term projects;
4) determination of the structure and powers of the
legislative, executive, and
judicial branches of the
Republic of Uzbekistan;
5) admission of new states into the Republic of Uzbekistan
and approval of their
decisions to secede from the
Republic of Uzbekistan;
6) legislative regulation of customs, as well as of the
currency and credit systems;
7) legislative regulation of the administrative and
territorial structure, and
alteration of frontiers
of the Republic of
Uzbekistan;
8) approval of the budget of the Republic of Uzbekistan
submitted by the Cabinet of
Ministers, and control over
its execution; determination of taxes and other
compulsory payments;
9) scheduling elections to the Oliy Majlis of the Republic
of Uzbekistan and local
representative bodies, and
formation of the Central
Electoral Committee;
10) setting the date of elections for the
President of the
Republic of Uzbekistan on
completion of his term of
office;
11) election of the Chairman and
Vice-Chairman of the Oliy
Majlis of the Republic of
Uzbekistan;
12) election of the Constitutional Court
of the Republic of
Uzbekistan;
13) election of the Supreme Court of the
Republic of
Uzbekistan;
14) election of the Higher Arbitration
Court of the Republic
of Uzbekistan;
15) appointment and dismissal of the
Chairman of the State
Committee for the Protection
of Nature of the Republic
of Uzbekistan upon the
nomination of the President of
of the Republic of
Uzbekistan;
16) ratification of the decrees of the
President of the
Republic of Uzbekistan on the
appointment and removal
of the Prime Minister, the
First Deputy Prime Minister,
the Deputy Prime Ministers,
and the members of the
Cabinet of Ministers;
17) ratification of the decrees of the
President of the
Republic of Uzbekistan on the
appointment and removal of
the Procurator-General of the
Republic of Uzbekistan and
his Deputies;
18) appointment and removal of the
Chairman of the Board of
the Central Bank of the
Republic of Uzbekistan upon the
nomination of the President
of the Republic of Uzbekistan;
19) ratification of the decrees of the
President of the
Republic of Uzbekistan on the
formation and abolition
of ministries, state
committees, and other bodies of
state administration;
20) ratification of the decrees of the
President of the
Republic of Uzbekistan on
general and partial
mobilization, and on the
declaration, prolongation,
and discontinuance of a state
of emergency;
21) ratification and denouncement of
international treaties
and agreements;
22) institution of state awards and
honorary titles;
23) formation, annulment, and renaming of
districts, towns,
cities, and regions and alteration of
their boundaries;
24) execution of other powers defined by
the present
Constitution.
Art. 79. A session of the Oliy Majlis shall be
legally qualified if it is attended by at least 2/3rds of the total number of
the deputies.
Art. 80. The President of the Republic of Uzbekistan,
the Prime Minister, and the members of the Cabinet of Ministers, the Chairmen
of the Constitutional Court, the Supreme Court and the Higher Arbitration
Court, the Procurator-General of the Republic and the Chairman of the Board of
the Central Bank shall have the right to attend the sessions of the Oliy
Majlis.
Art. 81. Upon completion of its term, the Oliy Majlis
of the Republic of Uzbekistan shall retain its powers until the newly-elected
Oliy Majlis is convened.
The first session of the newly-elected Oliy Majlis of the Republic of
Uzbekistan shall be convened by the Central Electoral
Committee within two
months of the elections.
Art. 82. 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 Arbitration Court and the
Procurator-General of the Republic of Uzbekistan.
Art. 83. The Oliy Majlis of the Republic of
Uzbekistan shall pass law, 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.
Art. 84. The Chairman and the Vice-Chairmen of the
Oliy Majlis shall be elected from among the deputies of the Oliy Majlis of the
Republic of Uzbekistan by secret ballot.
The Chairman and the Vice-Chairmen of the Oliy Majlis shall present
annual reports to the Oliy Majlis.
One of the Vice-Chairmen of the Oliy Majlis, a deputy of the Oliy
Majlis of the Republic of Uzbekistan, shall represent Karakalpakstan.
The Chairman and the Vice-Chairmen of the Oliy Majlis of the Republic
of Uzbekistan shall be elected for the same term as the Oliy Majlis.
No one shall be elected Chairman of the Oliy Majlis of the Republic of
Uzbekistan for more than two consecutive terms.
The Chairman of the Oliy Majlis of the Republic of Uzbekistan may be
recalled before completion of his term of office by the decision of the Oliy
Majlis of the Republic of Uzbekistan approved by more than 2/3rds of the
deputies of the Oliy Majlis of the Republic of Uzbekistan by secret ballot.
Art. 85. The Chairman of the Oliy Majlis of the
Republic of Uzbekistan shall:
1) exercise the general direction over a preliminary review
of matters to be submitted to the Oliy
Majlis;
2) convene the sessions of the Oliy Majlis and draft their
agenda together with the
Chairmen of the committees and
commissions;
3) preside at the sessions of the Oliy Majlis;
4) coordinate the work of the committees and commissions
of the Oliy Majlis;
5) organize the control over the execution of the laws and
the decisions passed by the
Oliy Majlis;
6) direct inter-parliamentary relations and the work of
the groups connected with
international parliamentary
organizations;
7) nominate candidates for the posts of the Vice-Chairmen
of the Oliy Majlis and the
Chairmen of the committees
and commissions of the Oliy
Majlis;
8) alter the composition of the committees and commissions
and submit them for
confirmation to the Oliy Majlis on
the proposal of the Chairmen
of the committees and
commissions;
9) direct the work of the organs of the press of the Oliy
Majlis;
10) approve the rules and the editorial staff
of the organs
of the press of the Oliy Majlis and
their expense
budgets;
11) appoint and dismiss the editors of the
organs of the
press of the Oliy Majlis;
12) approve the estimated allowances of
the deputies and the
administrative expenses of the Oliy
Majlis;
13) sign the resolutions passed by the
Oliy Majlis of the
Republic of Uzbekistan.
The Chairman of the Oliy Majlis of the Republic of Uzbekistan shall
issue ordinances.
Art. 86. The Oliy Majlis shall elect committees and
commissions to draft laws, conduct preliminary review of matters to be
submitted to the Oliy Majlis, and control the execution of the laws and other
decisions passed by the Oliy Majlis of the Republic of Uzbekistan.
In the event of necessity, the Oliy Majlis shall form deputies,
auditing and other commissions which shall function on a permament or temporary
basis.
Art. 87. The expenses of the deputies connected with
their work for the Oliy Majlis shall be reimbursed in prescribed manner. The deputies working for the Oliy Majlis on
a permanent basis may not hold any other paid posts, nor engage in commercial
activity during their term of office.
Art. 88. Deputies of the Oliy Majlis shall have the
right of immunity. They may not be
prosecuted, arrested, or incur a court-imposed administrative penalty without
the sanction of the Oliy Majlis.
CHAPTER
NINETEEN
THE PRESIDENT OF
THE REPUBLIC
OF
UZBEKISTAN
Art. 89. The President of the Republic of Uzbekistan
is head of state and executive authority in the Republic of Uzbekistan. The President of the Republic of Uzbekistan
simultaneously serves as Chairman of the Cabinet of Ministers.
Art. 90. Any citizen of the Republic of Uzbekistan
who has reached the age of 35, is in full command of the state language, and
has permanently resided in Uzbekistan for at least 10 years, immediately
proceeding the elections, shall be eligible for the post of President of the
Republic of Uzbekistan. A person may
not be elected to the office of President of the Republic of Uzbekistan for
more than two consecutive terms.
The President of the Republic of Uzbekistan shall be elected for a term
of five years. He shall be elected by
citizens of the Republic of Uzbekistan on the basis of the universal, equal,
and direct suffrage by secret ballot. The procedure for electing President shall be specified by the electoral
law of the Republic of Uzbekistan.
Art. 91. During his term of office, the President may
not hold any other paid post, serve as a deputy of a representative body or
engage in commercial activity.
The President shall enjoy personal immunity and protection under law.
Art. 92. The President shall be regarded as having
assumed office upon taking the following oath at a session of the Oliy Majlis:
"I do solemnly swear to faithfully serve the people of
Uzbekistan, to strictly comply with the Constitution
and the laws of the Republic, to guarantee the rights
and freedoms of its citizens, and to conscientiously
perform the duties of the President of the Republic of
Uzbekistan."
Art. 93. The President of the Republic of Uzbekistan
shall:
1) guarantee the rights and freedoms of citizens and
observance of the
Constitution and the laws of the
Republic of Uzbekistan;
2) protect the sovereignty, security, and territorial
integrity of the Republic of
Uzbekistan, and implement
the decisions regarding its
national-state structure;
3) represent the Republic of Uzbekistan in domestic matters
and in international
relations;
4) conduct negotiations, sign treaties and agreements on
behalf of the Republic of
Uzbekistan, and ensure the
observance of the treaties
and agreements signed by the
Republic and the fulfillment
of its commitments;
5) receive letters of credence and recall
from diplomats
and other representatives
accredited to him;
6) appoint and recall diplomats and other
representatives
of the Republic of Uzbekistan
to foreign states;
7) present annual reports to the Oliy Majlis on the domestic
and international situation;
8) form the administration and lead it, ensure interaction
between the highest bodies of
state authority and
administration, set up and
dissolve ministries, state
committees and other bodies
of administration of the
Republic of Uzbekistan, with
subsequent confirmation
by the Oliy Majlis;
9) appoint and dismiss the Prime Minister, his First
Deputy, the Deputy Prime
Ministers, the members of the
Cabinet of Ministers of the
Republic of Uzbekistan,
the Procurator-General of the
Republic of Uzbekistan
and his Deputies, with
subsequent confirmation by
the Oliy Majlis;
10) present to the Oliy Majlis of the
Republic of
Uzbekistan his nominees for
the posts of Chairman and
members of the Constitutional
Court, the Supreme Court,
and the Higher Economic
Court, as well as the Chairman
of the Board of the Central
Bank of the Republic of
Uzbekistan, and the Chairman
of the State Committee
for the Protection of Nature
of the Republic of
Uzbekistan;
11) appoint and dismiss judges of
regional, district, city,
and arbitration courts;
12) appoint and dismiss khokims (heads of
administrations)
of regions and the city of
Tashkent with subsequent
confirmation by relevant
Soviets of People's Deputies;
the President shall have the
right to dismiss any
khokim of a district or a
city, should the latter
violate the Constitution or
the laws, or perform an
act discrediting the honor
and dignity of a khokim;
13) suspend and repeal any acts passed by
the bodies of
state administration or
khokims;
14) sign the laws of the Republic of
Uzbekistan. The
President may refer any law,
with his own amendments,
to the Oliy Majlis for
additional consideration and
vote. Should the Oliy Majlis confirm its earlier
decision by a majority of
2/3rds of its total voting
power, the President shall
sign the law;
15) have the right to proclaim a state of
emergency
throughout the Republic of
Uzbekistan or in a particular
locality in cases of
emergency (such as a real outside
threat, mass disturbances,
major catastrophes, natural
calamities, or epidemics), in
the interests of people's
security. The President shall submit his decision to
the Oliy Majlis of the
Republic of Uzbekistan for
confirmation within three
days. The terms and the
procedure for the imposition
of the state of emergency
shall be specified by law;
16) serve as the Supreme
Commander-in-Chief of the Armed
Forces of the Republic and is
empowered to appoint and
dismiss the high command of
the Armed Forces and confer
top military ranks;
17) proclaim a state of war in the event
of an armed attack
on the Republic of Uzbekistan
or when it is necessary to
meet international
obligations relating to mutual
defense against aggression,
and submit the decision to
the Oliy Majlis of the
Republic of Uzbekistan for
confirmation;
18) award orders, medals, and certificates
of honor of the
Republic of Uzbekistan, and
confer qualification and
honorary titles of the
Republic of Uzbekistan;
19) rule on matters of citizenship of the
Republic of
Uzbekistan and on granting
political asylum;
20) issue acts of amnesty and grant pardon
to citizens
convicted by the courts of
the Republic of Uzbekistan;
21) form the national security and state
control services,
appoint and dismiss their
heads, and exercise other
powers vested in him.
The President shall not have the right to transfer his powers to a
state body or official.
Art. 94. The President of the Republic of Uzbekistan
shall issue 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.
Art. 95. Should any insurmountable differences arise
between the deputies of the Oliy Majlis, jeopardizing its normal functioning,
or should it repeatedly make decisions in opposition to the Constitution, the
Oliy Majlis may be dissolved by a decision of the President, sanctioned by the
Constitutional Court. In the event of the
dissolution of the Oliy Majlis, elections shall be held within three
months. The Oliy Majlis may not be
dissolved during a state of emergency.
Art. 96. Should the President of the Republic of
Uzbekistan fail to perform his duties due to poor health, confirmed by a
certificate of a State Medical Commission formed by the Oliy Majlis, an
emergency session of the Oliy Majlis shall be held within ten days. This session shall elect an acting President
of the Republic of Uzbekistan from among its deputies for a term of not more
than three months. In this case the
general elections of the President of the Republic of Uzbekistan shall be held
within three months.
Art. 97. Upon completion of his term of office, the
President shall be a lifetime member of the Constitutional Court.
CHAPTER
TWENTY
THE CABINET OF
MINISTERS
Art. 98. The Cabinet of Ministers shall be formed by
the President of the Republic of Uzbekistan and approved by the Oliy Majlis.
The head of government of the Republic of Karakalpakstan shall be an ex
officio member of the Cabinet of Ministers.
The Cabinet of Ministers shall provide guidance for the economic,
social, and cultural development of the Republic of Uzbekistan. It should also be responsible for the
execution of the laws and other decisions of the Oliy Majlis, as well as of the
decrees and other enactments issued by the President of the Republic of
Uzbekistan.
The Cabinet of Ministers shall issue enactments and ordinances in
accordance with the current legislation. This shall be binding on all bodies of administration, enterprises,
institutions, organizations, officials, and citizens throughout the Republic of
Uzbekistan.
The Cabinet of Ministers shall tender its resignation to the
newly-elected Oliy Majlis.
The procedure for the work of the Cabinet of Ministers and its powers
shall be defined by law.
CHAPTER
TWENTY-ONE
FUNDAMENTAL PRINCIPLES
OF LOCAL BODIES
OF STATE
AUTHORITY
Art. 99. The Soviets of People's Deputies led by
khokims are the representative bodies of authority in regions, districts,
cities and towns, except in towns subordinate to district centers, and city
districts. They shall act upon all
matters within their authority, in accordance with the interests of the state
and citizens.
Art. 100. The local authorities shall:
- ensure the observance of laws, maintain law and order,
and ensure security of
citizens;
- direct the economic, social, and cultural development
within their territories;
- propose and implement the local budget, determine the
local taxes and fees, and propose
non-budget funds;
- direct the municipal economy;
- protect the environment;
- ensure the registration of civil status acts;
- pass normative acts and exercise other powers in
conformity with the
Constitution and the legislation
of the Republic of Uzbekistan.
Art. 101. The local authorities shall enforce the laws
of the Republic of Uzbekistan, the decrees of the President and the decisions
of the higher bodies of state authority. They shall also direct the work of the subordinate Soviets of People's
Deputies and participate in the discussion of national and local matters.
The decisions of the higher bodies on matters within their authority shall be binding on the
subordinate bodies.
The term of office of the Soviets of People's Deputies and khokims is
five years.
Art. 102. The khokims of regions, districts, cities,
and towns shall serve as heads of both representative and executive authorities
of their respective territories.
The khokim of the region and city of Tashkent shall be appointed and
dismissed by the President with subsequent confirmation by the appropriate
Soviet of People's Deputies.
The khokims of districts, cities, and towns shall be appointed and
dismissed by the khokim of the appropriate region, with subsequent confirmation
by the appropriate Soviet of People's Deputies.
The khokims of city districts shall be appointed and dismissed by the
khokim of the city, with subsequent confirmation by the district Soviet of
People's Deputies.
The khokims of towns subordinate to district centers shall be appointed
and dismissed by the khokim of the district with subsequent confirmation by the
district Soviet of People's Deputies.
Art. 103. The khokims of regions, districts, cities,
and towns shall exercise their powers in accordance with the principle of
one-man management, and shall bear personal responsibility for the decisions
and the work of the bodies they lead.
Organization of the work and the powers of khokims and local Soviets of
People's Deputies, as well as the procedure for elections to the local Soviets
of People's Deputies shall be specified by law.
Art. 104. The khokim shall make decisions within his
vested powers which are binding on all enterprises, institutions,
organizations, associations, officials, and citizens in the relevant territory.
Art. 105. Residents of settlements, kishlaks and auls
(villages), as well as of residential neighborhoods (makhallyas) in cities,
towns, settlements, and villages shall decide all local matters at general
meetings. These local self-governing
bodies shall elect Chairman (aksakal) and his advisers for a term of 2.5 years.
The procedure for elections, organization of the work and the powers of
self-governing bodies shall be specified by law.
CHAPTER
TWENTY-TWO
JUDICIAL AUTHORITY IN
THE REPUBLIC OF
UZBEKISTAN
Art. 106. The judicial authority in the Republic of
Uzbekistan shall function independently from the legislative and executive
branches, political parties, and public organizations.
Art. 107. The judicial system in the Republic of
Uzbekistan shall consist 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 Arbitration Court of the Republic of
Karakalpakstan. These courts shall be
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.
Organization and procedure for the operation of the courts shall be
specified by law.
Formation of extraordinary courts shall be inadmissable.
Art. 108. The Constitutional Court of the Republic of
Uzbekistan shall hear cases relating to the constitutionality of acts passed by
the legislative and executive branches.
The Constitutional Court shall be elected from political and legal
scholars and shall consist of a Chairman, Vice-Chairman and judges including a
representative of the Republic of Karakalpakstan.
No member of the Constitutional Court, including the Chairman, shall
have the right to simultaneously serve as a deputy. The Chairman and the members of the Constitutional Court may not
belong to any political parties or movements, nor hold any other paid posts.
The judges of the Constitutional Court shall have the right of
immunity.
The judges of the Constitutional Court shall be independent in their
work and subject solely to the Constitution of the Republic of Uzbekistan.
Art. 109. The Constitutional Court of the Republic of
Uzbekistan shall:
1) judge 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;
2) conform the constitutionality of the Constitution and laws of the Republic of Karakalpakstan to the
Constitution and laws of the
Republic of Uzbekistan;
3) interpret the Constitution and the laws of the
Republic of Uzbekistan;
4) hear other cases coming within its authority under the
Constitution and the laws of
the Republic of Uzbekistan.
The judgments of the Constitutional Court shall take
effect upon publication. They shall be final and shall
not be subject to appeal.
The organization and procedure of the Constitutional
Court shall be specified by
law.
Art. 110. The Supreme Court of the Republic of
Uzbekistan shall be the highest judicial body of civil, criminal, and
administative law.
The rulings of the Supreme Court shall be final and binding throughout
the Republic of Uzbekistan.
The Supreme Court of the Republic of Uzbekistan shall have 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.
Art. 111. Any economic and management disputes that
may arise between entrepreneurs, enterprises, institutions and organizations
based on different forms of ownership, shall be settled by the Higher
Arbitration Court and other arbitration courts within their authority.
Art. 112. Judges shall be independent and subject
solely to the law. Any interference in
the work of judges in administering the law shall be inadmissable and
punishable by law.
The immunity of judges shall be guaranteed by law.
The Chairmen and the members of the Supreme Court and the Higher
Arbitration Court may not be deputies of the Oliy Majlis of the Republic of
Uzbekistan.
Judges, including district ones, may not belong to any political
parties or movements, nor hold any other paid posts.
Before the completion of his term of office, a judge may be removed
from his post only on grounds specified by law.
Art. 113. Legal proceedings in all courts shall be
open to the public. Hearings in camera
shall be only allowed in cases prescribed by law.
Art. 114. All court verdicts shall be binding on state
bodies, public associations, enterprises, institutions, organizations,
officials, and citizens.
Art. 115. All legal proceedings in the Republic of
Uzbekistan shall be conducted in Uzbek, Karakalpak, or in the language spoken
by the majority of the people in the locality. Any person participating in court proceedings who does not know the
language in which they are being conducted, shall have the following right to
be fully acquainted with the materials in the case, to have the services of an
interpreter during the proceedings, and to address the court in his native
language.
Art. 116. Any defendant shall have the right to
defense.
The right to legal assistance shall be guaranteed at any stage of the
investigation and judicial proceedings. Legal assistance to citizens, enterprises, institutions, and
organizations shall be given by the College of Barristers. Organization and procedure of the College of
Barristers shall be specified by law.
CHAPTER
TWENTY-THREE
THE ELECTORAL
SYSTEM
Art. 117. All citizens of the Republic of Uzbekistan
are guaranteed the equal right to vote. Every citizen shall have only one vote. Any citizen shall be eligible for election to public office.
The President and representative bodies of authority in the Republic of
Uzbekistan shall be elected on the basis of universal, equal, and direct
suffrage by secret ballot. All citizens
of the Republic of Uzbekistan under the age of 18 shall be eligible to vote.
Citizens who have been legally certified as insane, as well as persons
in prison may neither vote nor be eligible for election. Any other direct or indirect infringement on
the citizens' voting rights is inadmissable.
A citizen of the Republic of Uzbekistan may not simultaneously be
elected to more than two representative bodies.
The electoral procedure shall be specified by law.
CHAPTER
TWENTY-FOUR
THE
PROCURATOR'S OFFICE
Art. 118. The Procurator-General of the Republic of
Uzbekistan and the procurator subordinate to him shall supervise the strict and
uniform observance of the laws in the territory of the Republic of Uzbekistan.
Art. 119. The Procurator-General of the Republic of
Uzbekistan shall direct the centralized system of agencies of the procurator's
office.
The Procurator of the Republic of Karakalpakstan shall be appointed by
the highest representative body of the Republic of Karakalpakstan and subject
to confirmation by the Procurator-General of the Republic of Uzbekistan.
The procurators of regions, districts, cities, and towns shall be
appointed by the Procurator-General of the Republic of Uzbekistan.
The term of office shall be 5 years for the Procurator-General of the
Republic of Uzbekistan, the Procurator of the Republic of Karakalpakstan, and
procurators of regions, districts, cities, and towns.
Art. 120. The agencies of the Procurator's Office of
the Republic of Uzbekistan shall exercise their poewrs independently of any
state bodies, public associations and officials, and shall be subject solely to
the law.
While in office procurators shall suspend their membership in political
parties and any other public associations pursuing political goals.
Organization, powers, and procedure for the agencies of the
Procurator's Office shall be specified by law.
Art. 121. On the territory of the Republic of
Uzbekistan it is prohibited to set up and run any private, cooperative, or
other non-governmental agencies or their branches, independently conducting any
operational work, investigations, inquiries, or any other functions connected
with combatting crime.
The law-enforcement agencies may enlist the assistance of public
associations and citizens to safeguard law and order, as well as the rights and
freedoms of citizens.
CHAPTER
TWENTY-FIVE
FINANCE AND
CREDITING
Art. 122. The Republic of Uzbekistan shall have
independent financial, monetary, and credit systems.
The state budget of Uzbekistan shall consist of the national budget,
the budget of the Republic of Karakalpakstan, and local budgets.
Art. 123. The Republic of Uzbekistan shall have a
single taxation system. The right to
determine taxes shall belong to the Oliy Majlis of the Republic of Uzbekistan.
Art. 124. The banking system of the Republic of
Uzbekistan shall be directed by the Central Bank of the Republic.
CHAPTER
TWENTY-SIX
DEFENSE AND
SECURITY
Art. 125. The Armed Forces of the Republic of
Uzbekistan shall be formed to defend the state sovereignty and territorial
integrity of the Republic of Uzbekistan, as well as the peaceful life and security
of its citizens.
The structure and organization of the Armed Forces shall be specified
by law.
Art. 126. The Republic of Uzbekistan shall maintain
the Armed Forces to ensure its security at a level of reasonable sufficiency.
PART
SIX
PROCEDURE FOR
AMENDING
THE
CONSTITUTION
Art. 127. The Constitution of the Republic of
Uzbekistan shall be amended by laws, passed by at least 2/3rds of the deputies
of the Oliy Majlis of the Republic.
Art. 128. The Oliy Majlis of the Republic of
Uzbekistan may pass a law altering or amending the Constitution within six
months of submission of the relevant proposal, with due regard for its
nation-wide discussion. Should the Oliy
Majlis of the Republic of Uzbekistan reject an amendment to the Constitution, a
repeated proposal may not be submitted for one year.