On March 14, 2023, the thirty-eighth plenary session of the Senate of the Oliy Majlis of the Republic of Uzbekistan was held in Tashkent.
The senators considered the issue of holding a referendum on the draft Constitutional Law of the Republic of Uzbekistan “On the Constitution of the Republic of Uzbekistan”.
On March 10 this year, a meeting of the Legislative Chamber was held, at which a resolution was adopted on the appointment and holding of a referendum on the draft Constitutional Law. The resolution also provided for sending it to the Constitutional Court to determine its compliance with the Constitution and obtain an opinion.
Constitutional Court March 13 Mr.. held its meeting, studied the above resolution and recognized it as consistent with the Constitution. In accordance with the Law “On the Referendum of the Republic of Uzbekistan”, the draft Constitutional Law was considered in the Senate.
At the meeting, it was noted that constitutional reforms are an integral part of the fundamental changes taking place in all spheres of the country's life, create a solid legal basis for them and adapt the Basic Law to today's realities in society and the logic of our accelerated reforms.
The proposals of our people, experts and specialists, international practice and the experience of foreign countries have been taken into account.
Based on the idea that “the only source and author of the Constitution should be the people,” a nationwide discussion was held on the draft Constitutional Law, in total, more than 220,000 proposals for its improvement were received from the population, of which every fourth is reflected in the draft.
During the preparation of the draft Constitutional Law, more than 400 international documents adopted by the UN, the OSCE, the SCO, the EU, the Organization of Turkic States and other international organizations, the constitutions of almost 190 countries were carefully analyzed.
The Draft Constitutional Law was repeatedly discussed with the participation of international experts and specialists with about 10 foreign and international expert reviews and was also supported by them.
For the first time in the Constitution, it is fixed as an invariable provision that Uzbekistan is a sovereign, democratic, legal and social state. This fundamental norm is aimed at preserving and further strengthening the independence of our country, intensive continuation of reforms based on the principle “For the sake of human dignity” and ensuring the priority of law.
In the project, ensuring human rights and freedoms is fixed as the highest duty of the state.
In the project based on the principle "Man - Society - State", the norms relating to human rights are increased by almost 3.5 times. For the first time at the level of the Constitution, it is fixed that the state creates conditions for access to the worldwide information network Internet.
The definition of Uzbekistan as a social state indicates that from now on, the priority policy of the state will be aimed at supporting socially vulnerable or low-income strata, education, health care, social services and mitigating social inequality in society.
The Constitution triples the norms relating to the state's social obligations, in particular, it establishes that the state assumes a number of new obligations to reduce poverty, ensure employment, and protect against unemployment.
The right of everyone to housing is fixed, the duty of the state to encourage housing construction and create conditions for the exercise of the right to housing.
The bill quadrupled the norms related to the protection of public health, in particular, for the first time at the level of the Constitution, everyone's right to health protection and qualified medical care is enshrined. The state undertakes to provide free of charge a number of medical services to the population.
For the first time, the draft includes provisions on granting academic freedom to higher educational organizations, support for non-state educational organizations.
The new version of the Constitution guarantees the receipt of free higher education at the expense of the state on a competitive basis.
The draft also notes that the state will create conditions for the development of preschool education and upbringing, and primary vocational education is free.
Particular attention is paid to the development of the national economy and entrepreneurship, improving the investment climate in the country and further strengthening the protection of property. The draft emphasizes that ensuring the inviolability of property and related rights is guaranteed by the state, restriction of property rights is possible only by a court decision, free movement of goods, services, labor and financial resources is guaranteed, which creates a strong legal guarantee of sustainable economic growth, free activity of entrepreneurs and business people who are the basis of our prosperous life.
The project strengthens the guarantees of human rights and freedoms, the rights of children, youth, and the resolution of family issues. In particular, care for youth, children, women, families is being strengthened as the most important task of the state and society.
Special legal norms are established dedicated to ensuring the environmental rights of citizens, in particular, it is determined that the state takes measures to improve, restore and protect the environment, maintain the ecological balance, protect and restore the ecological system of the Aral Sea region.
The new Constitution also guarantees the freedom of the media, their rights to seek, receive, use and disseminate information. It is also clearly established that obstructing or interfering with the activities of the media entails liability.
The foundations of the organization of state power, the status and interaction of the legislative and executive branches of power are being radically improved, and the balance between the highest bodies of state power is being strengthened. The powers of the parliament are being strengthened, the status of the Senate as a chamber of territorial representation is being improved.
Especially the constitutional norm that the financing of the activities of the courts should be carried out exclusively from the state budget, and this should ensure the possibility of full, independent administration of justice, serve to form a truly fair and independent judicial system.
It was emphasized at the meeting that the new version of the Constitution will lay the foundations of social, democratic-legal and truly people's statehood, this will become an important factor in further improving the welfare of the population, rights and interests, human dignity and liberalization of all spheres of life, and will also mark a new period in the development of new Uzbekistan .
Thanks to these changes and additions, the number of articles of the Constitution has increased from the current 128 to 155, the volume of norms has increased by 65 percent. It was noted that the number and content of these changes and additions testify to the need to adopt a new edition of the Constitution.
Following the discussion, the senators adopted a resolution “On holding a referendum of the Republic of Uzbekistan on the draft Constitutional Law of the Republic of Uzbekistan "On the Constitution of the Republic of Uzbekistan", according to which the referendum is scheduled for April 30, 2023.
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