Supervisor Elham AbolFateh
Editor in Chief Mohamed Wadie

The Transformative Power of Basic Law


Thu 07 Dec 2023 | 01:42 PM
Nigmatilla Yuldoshev
Nigmatilla Yuldoshev
Nigmatilla Yuldoshev , Prosecutor General of the Republic of Uzbekistan

The 32nd anniversary of the adoption of the country's Constitution is celebrated in a particularly high spirit and festive atmosphere, since this year the Basic Law in a new edition was adopted as a result of a nationwide referendum. For the first time in the history of national statehood, we have a Constitution that is perfect in all respects, the priority norms of which have acquired the force of direct action.

Constitutional reform requires strong political will and courage from any state and implies the presence of appropriate conditions.

It is unacceptable to change the Constitution and its provisions contrary to the characteristics characterizing the socio-political, socio-economic maturity of society, and the requirements of the time and a particular country.

In Uzbekistan, the historical transformations carried out on the initiative of the head of state over the past seven years have determined the need to improve the country's Basic Law.

During this period, reforms acquired such dynamism and scale that the legal space, consisting of the Constitution and laws, no longer corresponded to the pace of change. Therefore, the President initiated a radical renewal of the Constitution.

At the national referendum, expressing their position on the draft Basic Law, citizens gave an objective assessment of the results of the reforms carried out in New Uzbekistan. This is evidenced by the fact that more than 90 percent of the nearly 17 million compatriots who participated in the referendum approved the draft of the new Constitution.

Heads of foreign states, heads of international organizations and authoritative experts congratulated the President of the country and, in his person, the people of Uzbekistan on holding a historic socio-political event at a high organizational level.

This indicates the correctness of the course towards the construction of New Uzbekistan, the epoch-making significance of the new stage of development of the republic.

The reform of the Constitution was the next step of the state towards achieving higher goals for the sake of ensuring the well-being of the people. At the same time, the entry into force of the updated Basic Law places a huge responsibility on all of us.

In a society that is being transformed on the basis of the priority provisions of this document, in conditions where large-scale noble goals and objectives have been set, it is impossible to live and work with yesterday’s mentality, worldview, by outdated standards.

It is from this position that we approach the implementation of the tasks outlined in the decree of the head of state dated May 8, 2023, concerning priority measures to implement the Constitution of the Republic of Uzbekistan in the new edition, as well as those arising from the very essence of the Constitution.

Practical work has begun on the third direction of the program of measures approved by the decree - bringing, based on the principle of the rule of law, to a qualitatively new level of the policy of glorifying human dignity, ensuring its rights and freedoms.

In this case, the main attention is paid to the immediate (direct) and strict application of the norms of the Constitution. It took some time to develop and put into practice the legislative acts provided for in this program of measures. The norms of the Constitution came into force on May 1 of this year, therefore new norms to ensure the priority of human rights and freedoms began to be implemented immediately from that date.

The Prosecutor General's Office, together with other law enforcement and judicial authorities, identified practical measures to broadly explain the essence and significance of the provisions, the need for strict compliance with constitutional principles in their application.

Training was organized for more than 2,500 representatives of ministries and departments on a training course module developed by the Law Enforcement Academy to explain to law enforcement officers the essence of the provisions of the Constitution. The activities of such courses are organized on an ongoing basis.

Of great practical importance in ensuring the direct, strict and effective application of the norms of the Constitution is the resolution of the Plenum of the Supreme Court dated June 23, 2023 “On some issues of direct application of the norms of the Constitution of the Republic of Uzbekistan in the administration of justice.”

This resolution, developed on the basis of proposals from the Prosecutor General's Office and other structures, serves to ensure human rights and freedoms, the interests of the state and society in the process of applying the norms of the Constitution not only by the courts, but also by law enforcement, control bodies, ministries and departments, in a word, by all law enforcement structures.

Based on the provisions of the Constitution, attention is paid to the development of normative legal acts that contribute to the unconditional provision of human rights and freedoms, their prompt discussion without bureaucratic barriers.

In particular, a bill on amendments and additions to certain legislative acts has been prepared for submission to parliament, providing for the improvement of five laws and two codes.

Along with other sectors and areas, improving the activities of the prosecutor's office on the basis of the updated Constitution produces results in a short time.

On July 15, at an extended meeting of the Presidium of the General Prosecutor's Office, the priority tasks of the prosecutor's office, arising from the Constitution in the new edition, were identified. A factor contributing to the successful implementation of the designated tasks is the provision of specific instructions to responsible persons in each area of work and daily monitoring of their implementation.

This can be judged by the example of cardinal positive changes in indicators that reflect the results of work to practically ensure the rights and freedoms of man and citizen, protect the interests of the state and society, and unconditionally implement the laws.

In order to protect the rights and freedoms of citizens, the interests of society and the state protected by law, over the 10 months of this year, the prosecutor's office conducted almost 28 thousand inspections, as a result of which about 134 thousand documents of prosecutorial supervision were applied. The violated rights of 321 thousand citizens were restored.

During the prosecutor's checks and preliminary investigation, the recovery of 2.3 trillion soums of damage caused to the interests of citizens, the state and society was ensured.

Work to ensure legal protection and strengthen the spiritual and moral education of minors has risen to a new level. For these purposes, about 9 thousand propaganda events were carried out, more than 13.2 thousand persons who committed offenses in this direction were brought to justice, and damages in the amount of 5.2 billion soums were recovered .

Activities in the field of combating crime and delinquency, coordinating operational search and investigative activities are being improved. To timely resolve current issues and existing problems in this area, over 380 coordination councils of law enforcement agencies were held.

Based on the initiatives of the head of state, new effective mechanisms to combat crime, including corruption, have been introduced.

The causes and factors that create conditions for corruption in each area, industry, ministry or department are discussed in detail with the participation of responsible persons in the ministry and department itself, an objective assessment is given of the existing problems and shortcomings, and the activities of those who allowed this to happen. This practice, on the one hand, ensures the inevitability of punishment for crimes, on the other hand, serves to prevent them.

Particular attention is paid to the protection of the rights and freedoms of citizens when considering criminal, administrative and economic cases in courts. In particular, the participation of the prosecutor in the consideration of about 80 thousand cases by the courts has been ensured.

Priority attention is paid to resolving issues raised in citizens' appeals and eliminating problems that concern the population. Of the over 388 thousand applications received over 10 months of this year, 215 thousand were considered by the prosecutor's office, and 287 thousand citizens were received.

The violated rights of 41 thousand citizens were restored. The necessary measures have been taken to resolve the issues raised in almost 91 thousand calls to the hotline of the Prosecutor General's Office.

Practical efforts to apply the norms of the Constitution play an important role in finding solutions to current problems that concern the population.

In order to ensure a sustainable supply of energy resources to the population, economic sectors and social facilities in the autumn-winter period, as a result of the intervention of the prosecutor's office, about 300 serious problems were eliminated in the shortest possible time.

This included laying gas pipes, power lines, drinking and hot water networks, updating gas distribution points, transformers, water pumps and boiler rooms, and repairing apartment buildings and utilities in them.

In order to ensure a stable supply of coal products to local areas, a Republican Headquarters has been formed in the Prosecutor General's Office and territorial working groups have been created with the participation of prosecutors. To prevent coal theft, representatives of the prosecutor's office and other structures are assigned to territorial warehouses and seasonal points.

Railway stations with a risk of coal theft were identified, and in order to ensure the safe delivery of products to consumers in full, responsible law enforcement officers were identified at the stations, and patrol vehicles were allocated. As a result, conditions have been created for timely delivery of fuel to consumers in the required quantities.

Work to ensure legality in the construction industry is also being improved based on new requirements.

Through the integration of the electronic program “Budget Control”, implemented in the prosecutor’s office, with the relevant systems of the Ministry of Construction and Housing and Communal Services, as well as the Ministry of Economy and Finance at the “district-region-republic” level, monitoring of the progress of construction of objects from project development to delivery has been established into operation.

Through a special channel on the Internet and a helpline operating at headquarters, the public has the opportunity to discuss the progress of the programs.

Based on proposals aimed at eliminating systemic shortcomings, and in accordance with the resolution of the Cabinet of Ministers, the criteria for biased assessment were abolished. An audit of more than 46 thousand contracting organizations was carried out, as a result, 29 thousand contractors who did not have sufficient potential were removed from the rating list. For the first time, the activity of the procurement commission during the process of selecting a contractor has been abolished. Previously inaccessible to the public, the rating points of contractors and the criteria for their formation, which caused disagreement, began to be maintained openly.

Thanks to this, artificially inflated expenses in the amount of 2 trillion 566.6 billion soums included in the projects included in this year’s government programs were optimized, which prevented unreasonable waste of budget funds. The acceptance of poorly performed work in the amount of 22.2 billion soums and additions in the amount of 15.3 billion soums were prevented .

Global climate change, air pollution and the consequences of the drying up of the Aral Sea have a negative impact on the environment. Therefore, the issues of maintaining ecological balance and ensuring citizens the right to an ecologically clean natural environment are given much attention in the Basic Law of the country.

According to the corresponding presidential decree of May 31, a division was created in the prosecutor's office responsible for monitoring the implementation of legislation in the field of ecology, environmental protection and forestry.

Living in harmony with nature, treating it with care, and taking care of the purity of water sources has long been characteristic of our people. In New Uzbekistan, these values are regaining their former meaning. The prosecutor's office is making its contribution to this noble cause.

We are constantly monitoring the implementation of the national project “Green Space”, approved by the decree of the head of state of December 30, 2021, which ensures strict compliance with the requirements of the imposed moratorium on cutting down trees and shrubs.

Practical assistance is provided to the population, state and non-state structures, and the general public in resolving environmental issues. The priority remains direct assistance in the implementation of such projects and initiatives.

This season, prosecutors plan to plant 550 thousand seedlings, of which 456 thousand have already been planted. “Gardens of Prosecutors” are being created in all regions of the country.

In the second sector, led by prosecutors, systematic work is carried out on the socio-economic development of territories, comprehensive support for vulnerable segments of the population, ensuring employment, developing entrepreneurship, eliminating problems at social and other facilities, and fighting crime.

Practical assistance was provided to 163,300 needy families and 321,400 citizens listed in the appropriate notebooks.

Employment has been provided for members of over 177 thousand families, more than 8 thousand boys and girls are employed in permanent jobs with the prospect of further growth. Assistance was provided to 2.2 thousand young people in obtaining loans, 5.6 thousand in allocating land for farming, and 12 thousand in providing subsidies.

More than 86 thousand women and girls were provided with employment, and over 13.6 thousand more were trained to further establish their own businesses. Practical assistance was provided in allocating credit funds worth almost 100 billion soums to 10,605 compatriots .

Prosecutors on an ongoing basis provide local Kengashes of people's deputies and citizens' self-government bodies with information on the state of ensuring the rule of law and the fight against crime. The essence and significance of the adopted laws are brought to the attention of the population and direct executors. In this matter, close cooperation has been established with scientists and experts, representative authorities, mahalla activists , and the public. The capabilities of the media are effectively used.

By the Presidential Decree of May 31 of this year, the Concept of organizing spiritual and educational work in the prosecutor's office was adopted, which brought activities in this direction to a new level.

Particular attention is paid to glorifying human dignity, educating young people in the spirit of patriotism and devotion to the Motherland by bringing to the younger generation objective and truthful information about the life and activities of prosecutors who died for the freedom and independence of the country.

During the period of repression, along with thousands of victims, our workers also suffered innocently. Criminal cases were opened against 150 of them who spoke out against injustice, and 30 dedicated employees were shot. This is information established over a short period of time.

The order of September 11 of this year approved a “road map” for the rehabilitation and perpetuation of the memory of repressed employees of the prosecutor’s office, and a working group was created headed by the Deputy Prosecutor General to carry out the planned tasks. Along with employees of the prosecutor's office, the working group includes representatives of scientific institutions, museums, and other organizations.

The responsibility of the prosecutor's office, which is entrusted with the task of protecting the legitimate interests of citizens and the state, ensuring strict observance of human rights, the supremacy of the Constitution and laws, has increased like never before.

With the entry into force of the updated Constitution, a new and important stage in the work of the prosecutor’s office also began.

The system, improved in all respects thanks to the attention and initiatives of the head of state, has all the necessary capabilities to honorably fulfill the priority tasks facing the prosecutor's office.