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.