Exhaustive Study Guide to the 2023 Constitution of the Republic of Uzbekistan

Foundations of the Uzbek State and Constitutional Order

According to Article $1$ of the Constitution, the Republic of Uzbekistan is a sovereign, democratic, law-based, social, and secular state with a republican form of government. The Constitution and the laws of the Republic of Uzbekistan possess unconditional supremacy within the territory, as established in Article $15$. The people of Uzbekistan are defined as the citizens of the Republic regardless of their nationality. Under Article $7$, the people are the sole source of state power. This power is exercised both directly and through a system of elected representatives including the Oliy Majlis and the President of the Republic of Uzbekistan. No single part of society, political party, or individual has the right to act on behalf of the entire people.

Public life in the Republic of Uzbekistan develops on the basis of political diversity, including various political institutions, ideologies, and opinions, as dictated by Article $12$. No specific ideology can be established as the official state ideology. Democracy in Uzbekistan is founded on universal human principles, where the state serves the interests of the people and is responsible to society and its citizens. The Republic may enter into unions, commonwealths, and other interstate formations or withdraw from them based on the highest interests of the state and the people’s security and well-being.

Historical Milestones and Sovereignty

The Declaration of Independence of Uzbekistan was adopted on $20$ June $1990$. The foundational institution of the Presidency was established on $24$ March $1990$, marking a new stage in national statehood. The original Constitution was adopted on $8$ December $1992$ during the $XII$ convocation of the $XI$ session of the Supreme Council. More recently, a national referendum held on $30$ April $2023$ approved significant amendments and additions, leading to a new edition of the Constitution which officially entered into force on $1$ May $2023$. This new edition expanded the document from $128$ articles to $155$ articles, organized into $6$ sections and $27$ chapters.

Uzbekistan became a member of the United Nations (UN) on $2$ March $1992$. The foreign policy of the Republic is based on the principles of sovereign equality, the non-use of force or the threat of force, the inviolability of borders, the territorial integrity of states, non-interference in the internal affairs of other countries, and the peaceful resolution of disputes.

State Symbols and the State Language

The Republic of Uzbekistan possesses official state symbols: a flag, an emblem, and an anthem, all of which are protected by law. The Law "On the State Language" was adopted on $21$ October $1989$, establishing Uzbek as the state language. The State Flag was adopted on $18$ November $1991$. The State Emblem was adopted on $2$ July $1992$. The State Anthem was officially approved on $10$ December $1992$ during the eleventh session of the Supreme Council.

Rights, Freedoms, and Duties of Citizens

Human rights and freedoms belong to every person from birth and are guaranteed by the state. Under Article $25$ and $26$, the right to life is an inalienable right, and the death penalty is strictly prohibited in the Republic of Uzbekistan. All citizens are equal before the law regardless of gender, race, nationality, language, religion, social origin, or status. Article $58$ explicitly confirms that men and women have equal rights. Article $48$ guarantees the right to healthcare and qualified medical services. Freedom of conscience is guaranteed to all under Article $35$, allowing individuals to profess any religion or none at all, and prohibiting the forced imposition of religious views.

Personal protections include the right to legal assistance at any stage of detention. A person cannot be detained for more than $48$ hours without a court decision. Search and seizure of homes are only permitted according to law and based on a court order. The principle of the presumption of innocence is maintained: if a person's confession is the only evidence against them, they cannot be found guilty. Furthermore, a person's criminal record or legal consequences cannot serve as a basis for restricting the rights of their relatives. Citizens also have the right to seek, receive, and disseminate information, though this may be limited by law to protect the constitutional order, health, public morals, or state secrets.

Citizens' duties include observing the Constitution and laws, respecting the rights and dignity of others, protecting the historical and cultural heritage, and paying legally established taxes. Article $61$ emphasizes the obligation to preserve the historical, spiritual, and scientific heritage of the people of Uzbekistan. Defense of the Republic is a duty for all citizens.

Social and Economic Order

The economy of Uzbekistan is based on property in its various forms, with private property being a significant component. Article $41$ protects the right to ownership for every individual. Natural resources, including land, subsoil, water, and flora/fauna, are considered national wealth. The state ensures the development of a continuous education system through both state and non-state organizations. General secondary education is compulsory. Article $51$ grants higher education institutions academic freedom and self-government.

Social protection is a constitutional priority. Pensions and social assistance cannot be lower than the officially established minimum consumer expenditures. Families are protected as the basic unit of society, and marriage is based on the free consent and equality of both parties. Parents are obliged to support their children until they reach the age of majority ($18$ years). Conversely, adult, able-bodied children are required to care for their parents. The state and society provide for the upbringing and education of orphans and children deprived of parental care.

The Legislative Branch: Oliy Majlis

The Oliy Majlis is the highest state representative body exercising legislative power. It consists of two chambers: the Legislative Chamber (the lower house) and the Senate (the upper house). The term of office for both chambers is $5$ years. The Legislative Chamber consists of $150$ deputies. The Senate, under the new revisions, consists of $65$ members ($4$ members are elected from each region, including the Republic of Karakalpakstan and Tashkent city, and $9$ members are appointed by the President).

To be elected as a deputy or a senator, a citizen must be at least $25$ years old and have resided in Uzbekistan for at least $5$ years. One person cannot simultaneously be a member of both chambers. The Legislative Chamber is headed by a Speaker, while the Senate is headed by a Chairman. No person can serve as Speaker of the Legislative Chamber for more than two consecutive terms. Legislation typically originates in the Legislative Chamber and is then passed to the Senate for approval before being sent to the President for signature. Laws become legally binding only after presidential signature and official publication. The right of legislative initiative belongs to the President, the Republic of Karakalpakstan, deputies of the Legislative Chamber, the Cabinet of Ministers, the Constitutional Court, the Supreme Court, and the General Prosecutor.

The Executive Branch: President and Cabinet of Ministers

The President of the Republic of Uzbekistan is the head of state and the Supreme Commander-in-Chief of the Armed Forces. The President is elected for a term of $7$ years through direct elections. To be eligible, a candidate must be a citizen of Uzbekistan, at least $35$ years old, fluent in the state language, and have resided in the country for at least $10$ years prior to the election. No person can serve more than two consecutive terms. If the President is unable to perform their duties, powers are temporarily transferred to the Chairman of the Senate for a period of $3$ months. A President who has retired upon the expiration of their term holds a life-long seat in the Senate.

The Cabinet of Ministers is the executive power, headed by the Prime Minister. It consists of the Prime Minister, their deputies, and ministers. The Cabinet is responsible for implementing economic, social, and fiscal policies, as well as programs for science, culture, and environmental protection. The Cabinet is accountable to the Oliy Majlis and the President. The Prime Minister as of $2023$ is Abdulla Aripov.

Local Governance and the Judicial Branch

Local government is divided into representative and executive branches. Kengashes (Councils) of People's Deputies are the representative bodies in regions, districts, and cities, elected for $5$-year terms. The Hokim (Governor/Mayor) heads the executive power in these territories. Hokims of regions and Tashkent city are appointed and dismissed by the President, while district and city hokims are appointed by regional hokims. A person cannot serve as the Chairman of a Kengash or as a Hokim in the same jurisdiction for more than two consecutive terms. The primary units of self-governance are the Mahallas (descents of citizens), which elect their own chairmen.

The judicial power operates independently. The Constitutional Court determines the conformity of laws and decrees with the Constitution; its judges are elected for $10$-year terms. The Supreme Court is the highest judicial body for civil, criminal, economic, and administrative proceedings. Judges are independent and subject only to the law. The General Prosecutor of Uzbekistan, currently Nigmatulla Yuldoshev, heads a centralized system of prosecutors who oversee the exact and uniform execution of laws throughout the territory. The term of office for the General Prosecutor is $5$ years, with a limit of two consecutive terms.

The Republic of Karakalpakstan

The Republic of Karakalpakstan is a sovereign republic within the Republic of Uzbekistan. Its sovereignty is protected by the state. Karakalpakstan has its own Constitution, which must not contradict the Constitution of Uzbekistan. The parliament of Karakalpakstan is known as the Jokargy Kenes. The Republic of Karakalpakstan reserves the right to secede from the Republic of Uzbekistan based on a general referendum of its people. Disputes between Uzbekistan and Karakalpakstan are resolved through conciliatory procedures.

Political Parties and Elections

Uzbekistan maintains a multi-party system. Currently, there are $5$ active political parties: the Liberal Democratic Party of Uzbekistan (UzLiDeP), the "Milliy Tiklanish" Democratic Party, the People's Democratic Party of Uzbekistan (NDPU), the "Adolat" Social Democratic Party, and the Ecological Party (the newest addition). Public associations and parties must be transparent about their funding and may be dissolved or restricted only by a court decision. Elections are held in the year of the expiration of constitutional terms on the first Sunday of the third decade of October. To be elected as a deputy to local Kengashes, a citizen must be at least $21$ years old. Voting rights are granted to all citizens from the age of $18$.

Questions & Discussion

When was the Declaration of Independence adopted? It was adopted on $20$ June $1990$.

What are the requirements for a Presidential candidate? The candidate must be at least $35$ years old, fluent in the state language, and have lived in Uzbekistan for at least $10$ years before the election.

Who is the Supreme Commander-in-Chief? The President of the Republic of Uzbekistan.

What is the term of office for deputies of the Oliy Majlis? The term is $5$ years.

Which organ oversees the execution of laws? The Prosecutor’s Office (Prokuratura).

How long can a person be detained without a court order? Not more than $48$ hours.

When did the new edition of the Constitution take effect? It entered into force on $1$ May $2023$.

How many senators are in the updated Senate structure? The new structure consists of $65$ senators.

What status does the Uzbek language have? It is the state language (gosudarstvennyy yazyk).

Who constitutes the Cabinet of Ministers? The Prime Minister, his deputies, and the ministers of the Republic of Uzbekistan.