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fonte: http://di-145c.mit.edu/projects/leep/Laws/uzb/uzbekistancon.html

CONSTITUTION OF THE REPUBLIC OF UZBEKISTAN8 December 8 1992 PREAMBLE

The People of Uzbekistan,

solemnly declaring our devotion to human rights and the principles of state sovereignty,

understanding a high responsibility before present and future generations,

relying on the historical experience of the development of the Uzbek state,

affirming our fidelity to the ideals of democracy and social justice,

recognizing the primacy of generally recognized norms of international law,

endeavoring to ensure a worthy life to citizens of the republic,

setting as a goal the formation of a humanitarian democratic state operating under the rule of law, and

in order to ensure civic peace and national accord

through our authorized representatives adopt this Constitution of the Republic of Uzbekistan.


SECTION I: BASIC PRINCIPLES CHAPTER I: STATE SOVEREIGNTY

Article 1: Uzbekistan is a sovereign democratic republic. The state names "Republic of Uzbekistan" and "Uzbekistan" are equal in meaning.

Article 2: The state expresses the will of the people and serves its interests. State agencies and officials are responsible before the society and citizens.

Article 3: The Republic of Uzbekistan determines the national-governmental and administrative-territorial system, the system of state agencies of power and governance, and implements its own domestic and foreign policy.

The state borders and territory of Uzbekistan are inviolable and indivisible.

Article 4: The state language of the Republic of Uzbekistan is the Uzbek language.

The Republic of Uzbekistan ensures a respectful attitude towards the languages, customs, and traditions of the nationalities and peoples living on its territory and ensures conditions for their development.

Article 5: The Republic of Uzbekistan possesses its own state symbols: a flag, a coat of arms, and an anthem, all approved by law.

Article 6: The capital of the Republic of Uzbekistan is Tashkent city.


CHAPTER II: POPULAR POWER

Article 7: The people are the only source of state power.

State power in the Republic of Uzbekistan is exercised in the interests of the people and only by agencies authorized to do so by the Constitution of the Republic of Uzbekistan and legislation adopted on the basis of the Constitution.

Arrogation of the authority of state power, suspension or cessation of the operations of the agencies of state power through procedures not anticipated by the Constitution, and the formation of new or parallel structures of power are anti-constitutional and incur legal liability.

Article 8: The people of Uzbekistan are the citizens of the Republic of Uzbekistan, regardless of their nationality.

Article 9: The most important issues of social and state life are presented for public discussion and presented for general vote (referendum). The procedure for conducting a referendum is determined by law.

Article 10: Only Parliament (Olii Majlis) and the President of the Republic, who are chosen by the people, may act in the name of the people of Uzbekistan.

No part of society, political party, social association, movement, or individual may act in the name of the people of Uzbekistan.

Article 11: The system of state power in the Republic of Uzbekistan is based on the principle of separation of powers into legislative, executive, and judicial powers.

Article 12: In the Republic of Uzbekistan, social life develops on the basis of a diversity of political institutions, ideologies, and opinions.

No ideology may be established as a state ideology.

Article 13: Democracy in the Republic of Uzbekistan is based on generally shared human principles that place supreme value in the person, her or his life, freedom, honor, dignity, and other inalienable rights.

Democratic rights and freedoms are defended by the Constitution and laws.

Article 14: In the interests of the welfare of the person and society, the state structures its operations on the principles of social justice and legality.


CHAPTER III: THE SUPREMACY OF THE CONSTITUTION AND LAW

Article 15: In the Republic of Uzbekistan the unconditional supremacy of the Constitution and laws of the Republic of Uzbekistan is recognized.

The state, its agencies, officials, social associations, and citizens act in accordance with the Constitution and laws.

Article 16: No provision of this Constitution may be interpreted to prejudice the rights and interests of the Republic of Uzbekistan.

No law or other normative legal act may contradict the norms and principles of the Constitution. CHAPTER IV: FOREIGN POLICY

Article 17: The Republic of Uzbekistan is fully invested with the rights of a subject of international relations. Its foreign policy proceeds from the principles of the sovereign equality of states, restraint from the use or threat of use of force, the inviolability of borders, peaceful regulation of conflicts, non-intercession in the internal affairs of other states, and other generally recognized principles and norms of international law.

The republic may conclude unions and enter into commonwealths and other inter-state formations, and also withdraw from them, on the basis of the highest interests of the state, the people, and the welfare and safety of the people.


SECTION II: BASIC RIGHTS, FREEDOMS, AND OBLIGATIONS OF THE PERSON AND CITIZEN CHAPTER V: GENERAL PROVISIONS

Article 18: All citizens of the Republic of Uzbekistan have the same rights and freedoms and are equal before the law regardless of differences in gender, race, nationality, language, religious, social origin, beliefs, and personal or social position.

Privileges may be established only by law and must be in accord with the principles of social justice.

Article 19: A citizen of the Republic of Uzbekistan and the state are bound by mutual rights and mutual responsibilities. The rights and freedoms of citizens, secured in the Constitution and laws, are unwavering, and no one has the right, without a court, to remove or limit them.

Article 20: A citizen's exercise of rights and freedoms may not violate the lawful interests, rights, and freedoms of other people, the state, or society.


CHAPTER VI: CITIZENSHIP

Article 21: A single citizenship is established in the Republic of Uzbekistan for the entire territory of the republic.

Citizenship of the Republic of Uzbekistan is equal for all, regardless of the grounds of its acquisition.

A citizen of the Republic of Karakalpakstan is simultaneously a citizen of the Republic of Uzbekistan.

The grounds for and procedures for acquisition of or loss of citizenship are established by law.

Article 22: The Republic of Uzbekistan guarantees the legal protection and patronage of its citizens both on the territory of the Republic of Uzbekistan and abroad.

Article 23: Foreign citizens and stateless persons located on the territory of the Republic of Uzbekistan are ensured rights and freedoms in accordance with the norms of international law.

They carry obligations established by the Constitution, the laws, and the treaties of the Republic of Uzbekistan.


CHAPTER VII: PERSONAL RIGHTS AND FREEDOMS

Article 24: The right to life is an inalienable right of every person. Infringement of this right is a very serious crime.

Article 25: Each person has the right to freedom and personal inviolability.

No one may be subject to arrest or detention other than on legal grounds.

Article 26: Anyone accused of a crime is considered not guilty until her or his guilt is established by legal procedure in the form of an open court trial in which she or he is provided with all possibilities for defense.

No one may be subjected to torture, violence, or other cruel or humanly degrading treatment.

No one may be subjected to medical or scientific experiments without her or his consent.

Article 27: Each person has the right to defense from encroachments on her or his honor and dignity, defense from interference in her or his personal life, and defense of the inviolability of her or his home.

No one has the right to enter a home, conduct searches or surveillance, or violate the privacy of correspondence and telephone conversations other than in the circumstances and through the procedures anticipated by law.

Article 28: A citizen of the Republic of Uzbekistan has the right to unrestricted movement on the territory of the republic and unrestricted entry into the Republic of Uzbekistan and exit from it, with the exception of limitations established by law.

Article 29: Each person has the right of freedom of thought, speech, and belief. Each person has the right to seek, receive, and disseminate any information, with the exception of information directed against the existing constitutional order and other limitations established by law.

Freedom of opinion and the expression of opinion may be limited by law in order to safeguard state or other secrets.

Article 30: All state agencies, social associations, and officials of the Republic of Uzbekistan must provide citizens with the opportunity to examine documents, decisions, and other materials affecting their rights and freedoms.

Article 31: Freedom of conscience is guaranteed for all. Each person has the right to practice any, or no, religion. Forced imposition of religious views is not permitted.


CHAPTER VIII: POLITICAL RIGHTS

Article 32: Citizens of the Republic of Uzbekistan have the right to participate in the management of the affairs of society andthe state both directly and through their representatives. This participation is effected through self-government, referenda, and the democratic formation of state agencies.

Article 33: Citizens have the right to effect their social activeness in the form of protests, meetings, and demonstrations in accordance with the legislation of the Republic of Uzbekistan. Agencies of power have the right to suspend or prohibit the holding of such events only for security reasons.

Article 34: Citizens of the Republic of Uzbekistan have the right to associate in trade unions, political parties, and other social associations, as well as to participate in popular movements.

No one may abridge the rights, freedoms, or dignity of persons who represent an opposition minority political party, social association, popular movement, or representative agency of power.

Article 35: Each person has the right, both individually and as part of a group, to submit applications, proposals, and complaints to competent state agencies or institutions, or to popular representatives.

Applications, proposals, and complaints must be reviewed according to the procedures and within the time limits established by law.


CHAPTER IX: ECONOMIC AND SOCIAL RIGHTS

Article 36: Each person has the right to own property.

The privacy of bank accounts and the right of inheritance are guaranteed by law.

Article 37: Each person has the right to work, to choose work freely, to just conditions of work, and to protection from unemployment through procedures established by law.

Forced labor is not permitted, other than as fulfillment of a punishment decided by sentence of a court or in other circumstances anticipated by law.

Article 38: Hired employees have the right to paid vacation.

The length of the working day and the length of a worker’s paid leave are determined by law.

Article 39: Every person has the right to social support in old age, in event of loss of ability to work, in event of loss of a provider, and in other cases anticipated by law.

Pensions, allowances, and other forms of social assistance may not be lower than the officially established sustenance minimum.

Article 40: Every person has the right to professional medical care.

Article 41: Every person has the right to education.

The state guarantees free general education.

School affairs are under the oversight of the state.

Article 42: Each person is guaranteed freedom of scientific and technical creation and the right to use cultural achievements.

The state fosters the cultural, scientific, and technical development of society.


CHAPTER X: GUARANTEES OF THE RIGHTS AND FREEDOMS OF THE PERSON

Article 43: The state ensures the rights and freedoms of citizens which are secured by the Constitution and laws.

Article 44: Each person is guaranteed judicial protection of her or his rights and freedoms, as well as the right to appeal in a court of law the unlawful acts of state agencies, officials, and social associations.

Article 45: The rights of minors, those unable to work, and the solitary elderly are protected by the state.

Article 46: Women and men have equal rights.


CHAPTER XI: OBLIGATIONS OF CITIZENS

Article 47: All citizens carry obligations determined for them by the Constitution.

Article 48: Citizens must comply with the Constitution and laws, as well as respect the rights, freedoms, honor, and dignity of other people.

Article 49: Citizens must protect the historical, spiritual, and cultural heritage of the people of Uzbekistan.

Cultural monuments are protected by the state.

Article 50: Citizens must treat the natural environment with care.

Article 51: Citizens must pay lawfully established taxes and local tariffs.

Article 52: The defense of the Republic of Uzbekistan is the duty of every citizen of the Republic of Uzbekistan. Citizens are obligated to perform military or alternative service in the manner established by law.


SECTION III: SOCIETY AND THE INDIVIDUALCHAPTER XII: THE ECONOMIC FOUNDATIONS OF SOCIETY

Article 53: Property, in its various forms, is the foundation of the economy of Uzbekistan, which itself is dedicated to the development of market relations.

The state guarantees the freedom of economic activity, entrepreneurship, and labor in consideration of the primacy of the rights of the consumer and the equal rights and legal protection of all forms of property.

Private property, along with other forms of property, is inviolable and is protected by the state. An owner may be deprived of property only in the cases and through the procedures anticipated by law.

Article 54: An owner, at her or his own discretion, possesses, uses, and disposes of property belonging to her or him. The use of property may not cause harm to the environment or violate the rights or legally protected interests of citizens, legal persons, or the state.

Article 55: The earth, its minerals, waters, flora, fauna, and other natural resources are national riches, are subject to rational use, and are protected by the state.


CHAPTER XIII: SOCIAL ASSOCIATIONS

Article 56: Social associations in the Republic of Uzbekistan are trade unions, political parties, academic societies, women's organizations, veterans' and youth organizations, creative unions, popular movements, and other lawfully registered associations of citizens.

Article 57: It is forbidden to form or operate political parties, as well as other social associations, that have as their goal violent change of the constitutional system; protest against the sovereignty, integrity, or security of the republic or the constitutional rights and freedoms of its citizens; advocacy of war, social, national, racial, or religious animosity; encroachment on the health or morality of the people; or that are militaristic formations or ethnically or religiously based political parties.

It is forbidden to form secret societies or associations.

Article 58: The state ensures compliance with the rights and legal interests of social associations and creates equal legal possibilities for them to participate in social life.

The intercession of state agencies and officials into the operations of social associations, in equal measure as the intercession of social associations into the operations of state agencies and officials, is not permitted.

Article 59: Trade unions express and defend the socio-economic rights and interests of workers. Membership in trade organizations is voluntary.

Article 60: Political parties express the political will of various social strata and groups, and, through their democratically elected representatives, participate in the formation of state power. Political parties must, through established procedure, present Parliament or an authorized parliamentary agency with public reports concerning their sources of funding.

Article 61: Religious organizations and associations are separate from the state and equal before the law. The state does not interfere in the activities of religious associations.

Article 62: The dissolution, prohibition, or limitation of the activities of a social association may take place only on the basis of a decision of a court of law.


CHAPTER XIV: THE FAMILY

Article 63: The family is the basic unit of society and has the right to be protected by society and the state.

Marriage is founded on the free consent and equal rights of the parties.

Article 64: Parents must support and raise children until their majority.

The state and society ensure the support, raising, and education of children who are orphaned or deprived of parental care, and also encourage charitable acts to benefit them.

Article 65: Children are equal before the law regardless of their origin or the citizenship status of their parents.

Motherhood and childhood are protected by the state.

Article 66: Adult children capable of working are obligated to care for their parents.


CHAPTER XV: MASS MEDIA

Article 67: Mass media are not hindered and operate in accordance with the law. They are, in the established manner, responsible for the reliability of their information.

Censorship is not allowed.


SECTION IV: THE ADMINISTRATIVE TERRITORIAL AND STATE SYSTEM CHAPTER XVI: THE ADMINISTRATIVE TERRITORIAL SYSTEM OF THE REPUBLIC OF UZBEKISTAN

Article 68: The Republic of Uzbekistan consists of regions, districts, cities, towns, villages, and settlements, as well as the Republic of Karakalpakstan.

Article 69: Alteration of the borders of the Republic of Karakalpakstan, regions, or Tashkent city, as well as the formation or abolition of regions, cities, or districts takes place with the consent of the Parliament of the Republic of Uzbekistan.


CHAPTER XVII: THE REPUBLIC OF KARAKALPAKSTAN

Article 70: The sovereign Republic of Karakalpakstan is part of the Republic of Uzbekistan.

The sovereignty of the Republic of Karakalpakstan is protected by the Republic of Uzbekistan.

Article 71: The Republic of Karakalpakstan has its own Constitution.

The Constitution of the Republic of Karakalpakstan may not contradict the Constitution of the Republic of Uzbekistan.

Article 72: The laws of the Republic of Uzbekistan are obligatory on the territory of the Republic of Karakalpakstan.

Article 73: The territory and borders of the Republic of Karakalpakstan may not be altered without its consent. The Republic of Karakalpakstan independently decides issues concerning its administrative territorial system.

Article 74: The Republic of Karakalpakstan possesses the right to withdraw from the Republic of Uzbekistan on the basis of a general referendum of the people of Karakalpakstan.

Article 75: The inter-relations between the Republic of Uzbekistan and the Republic of Karakalpakstan, within the framework of the Constitution of the Republic of Uzbekistan, are regulated by treaties and agreements concluded between the Republic of Uzbekistan and the Republic of Karakalpakstan.

Conflicts between the Republic of Uzbekistan and the Republic of Karakalpakstan are resolved through conciliation procedures.


SECTION V: THE ORGANIZATION OF STATE POWERCHAPTER XVIII: THE PARLIAMENT OF THE REPUBLIC OF UZBEKISTAN

Article 76: The highest state representative agency is the Parliament of the Republic of Uzbekistan, which exercises the legislative power.

Article 77: The Parliament of the Republic of Uzbekistan consists of 150 deputies, elected from territorial electoral districts in multi-party elections for terms of five years.

Citizens of the Republic of Uzbekistan who have, by the date of election, reached the age of 25 years, possess the right to be elected to the Parliament of the Republic of Uzbekistan.

The requirements of candidates for the office of deputy are determined by law.

Article 78: The Parliament of the Republic of Uzbekistan has exclusive jurisdiction over:

1) adopting, amending, and adding to the Constitution of the Republic of Uzbekistan;

2) adopting, amending, and adding to the laws of the Republic of Uzbekistan;

3) determining the basic directions of domestic and foreign policy of the Republic of Uzbekistan and adopting strategic state programs;

4) determining the systems and authorities of legislative, executive, and judicial branch agencies of the Republic of Uzbekistan;

5) adopting new stte formations into the Republic of Uzbekistan and affirming their decisions of withdrawal from the Republic of Uzbekistan;

6) legislative regulation of customs, monetary, and credit affairs;

7) legislative regulation of issues of the administrative territorial system and changes in the borders of the Republic of Uzbekistan;

8) adopting, on the petition of the Cabinet of Ministers, the budget of the Republic of Uzbekistan and monitoring its utilization, and establishing taxes and other mandatory payments;

9) scheduling elections for the Parliament of the Republic of Uzbekistan and local representative agencies; formation of a Central Election Commission;

10) scheduling the date for election of the President of the Republic of Uzbekistan at the expiration of his term of office;

11) electing the Chair of Parliament of the Republic of Uzbekistan and her or his assistants;

12) electing the Constitutional Court of the Republic of Uzbekistan;

13) electing the Supreme Court of the Republic of Uzbekistan;

14) electing the High Commercial Court of the Republic of Uzbekistan;

15) on the petition of the President of the Republic of Uzbekistan, appointing and dismissing the Chair of the State Committee of the Republic of Uzbekistan for Nature Protection;

16) approving the decrees of the President of the Republic of Uzbekistan on appointing and dismissing the Prime Minister, the First Assistant Prime Minister, assistants to the Prime Minister, and members of the Cabinet of Ministers;

17) approving the decrees of the President of the republic on appointing and dismissing the Procurator General of the Republic of Uzbekistan and her or his assistants;

18) on the petition of the President of the Republic of Uzbekistan, appointing and dismissing the Chair of the Board of the Central Bank of the Republic of Uzbekistan;

19) approving the decrees of the President of the Republic of Uzbekistan on the formation and abolition of ministries, state committees, and other state management agencies;

20) approving the decrees of the President of the Republic of Uzbekistan on declaring general or partial mobilization, or on the introduction, extension, or termination of acts of state of emergency;

21) ratifying and denouncing international treaties and agreements;

22) instituting state awards and titles;

23) forming, abolishing, re-naming, and altering the borders of districts, cities, and regions;

24) exercising other powers anticipated by this Constitution.

Article 79: A session of Parliament is competent if no less than two-thirds of the total number of deputies participates in that session.

Article 80: The President of the Republic of Uzbekistan, the Prime Minister and members of the Cabinet of Ministers, the Chair of the Constitutional Court, the Chair of the Supreme Court, the Chair of the High Commercial Court, the Procurator General of the Republic, and the Chair of the Board of the Central Bank may participate in a session of the Parliament of the Republic of Uzbekistan or one of its agencies.

Article 81: At the expiration of its term of authority, the Parliament of the Republic of Uzbekistan continues its activities up until the start of work of the newly convened Parliament.

The first session of the Parliament of the Republic of Uzbekistan after elections convenes a Central Election Commission no later than two months after the elections.

Article 82: The right to introduce draft legislation in the Parliament of the Republic of Uzbekistan belongs to the President of the Republic of Uzbekistan, the Republic of Karakalpakstan in the form of its highest agecny of state power, parliamentary deputies of the Republic of Uzbekistan, the Cabinet of Ministers of the Republic of Uzbekistan, the Constitutional Court, the Supreme Court, the High Commercial Court, and the Procurator General of the Republic of Uzbekistan.

Article 83: The Parliament of the Republic of Uzbekistan adopts laws, resolutions, and other acts. Adoption of a law requires a majority of the votes of the total number of Parliament deputies.

Publication of laws and other normative acts is a necessary condition of their adoption.

Article 84: The Chair of Parliament and her or his assistants are elected from among the Parliament deputies of the Republic of Uzbekistan by secret ballot.

The Chair of Parliament and her or his assistants present an annual report to Parliament.

One of the assistants to the Chair of Parliament must be a deputy of the Parliament of the Republic of Uzbekistan who represents Karakalpakstan.

The Chair of the Parliament of the Republic of Uzbekistan and her or his assistants are elected for the term of office of that Parliament.

The same person may not be elected Chair of the Parliament of the Republic of Uzbekistan for more than two consecutive terms.

The Chair of the Parliament of the Republic of Uzbekistan may be prematurely recalled by a decision of the Parliament of the Republic of Uzbekistan voted for by over two thirds of the deputies of the Parliament of the Republic of Uzbekistan by secret ballot.

Article 85: The Chair of the Parliament of the Republic of Uzbekistan:

1) exercises general management over the preparation of issues submitted for discussion to Parliament;

2) convenes sessions of Parliament, and forms, in cooperation with the chairs of committees and commissions, proposals for Parliament's agenda;

3) presides over sessions of Parliament;

4) coordinates the operations of the committees and commissions of Parliament;

5) monitors compliance with the laws and resolutions of the Parliament;

6) manages the work of implementing inter-parliamentary communications and the activities of groups connected with the work of inter-parliamentary organizations;

7) presents Parliament with candidates for election as assistants to the Chair of Parliament and as chairs of the committees and commissions of Parliament;

8) at the suggestion of the chairs of the committees and commissions, makes changes in the composition of the committees and commissions, subject to the subsequent approval of Parliament;

9) manages the operations of Parliament’s publishing agencies;

10) approves the charters and compositions of the editorial boards of Parliament’s publishing agencies and their estimated support expenses;

11) appoints and dismisses editors of Parliament’s publishing agencies;

12) approves the estimated support expenses of the deputies and administrative machinery of Parliament;

13) signs resolutions of the Parliament of the Republic of Uzbekistan.

The Chair of the Parliament of the Republic of Uzbekistan may issue orders.

Article 86: Parliament elects, from among its deputies, committees and commissions to conduct legislative drafting work, preliminarily review and prepare issues submitted for Parliamentary review, and monitor compliance with the laws and other decisions of the Parliament of the Republic of Uzbekistan.

Parliament forms, when needed, a deputy, audit, or other commission on a temporary or permanent basis.

Article 87: Deputies lawfully elected to Parliament are compensated for expenses connected with the work of a deputy. Deputies working in the Parliament of the Republic on a full-time basis, for the period of their office, may not be engaged in any kind of paid position or business.

Article 88: A parliamentary deputy enjoys the right of immunity. She or he may not be brought to criminal responsibility, arrested, or subjected to measures of administrative penalty, imposed through judicial proceedings, without the consent of Parliament.


CHAPTER XIX: THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

Article 89: The President of the Republic of Uzbekistan is the head of state and of the executive branch in the Republic of Uzbekistan.

The President of the Republic of Uzbekistan is simultaneously the Chair of the Cabinet of Ministers.

Article 90: A citizen of the Republic of Uzbekistan who is not younger than thirty five years of age, who has fluent command of the state language, and who has constantly resided on the territory of Uzbekistan for no less than ten consecutive years directly prior to the election may be elected President of the Republic of Uzbekistan. The same person may not be President of the Republic of Uzbekistan for more than two consecutive terms.

The President of the Republic of Uzbekistan is elected for a term of five years by the citizens of the Republic of Uzbekistan on the basic of general, equal, and direct electoral rights by secret ballot. The procedure for election of the President is determined by a law of the Republic of Uzbekistan.

Article 91: While in office, the President may not occupy any other paid office, be a deputy in a representative agency, or engage in business activity. The person of the President is immune and is protected by law.

Article 92: The President is considered to have assumed office from the moment of his taking, at a session of the Parliament of the Republic of Uzbekistan, the following oath:

"I solemnly swear to faithfully serve the people of Uzbekistan, strictly follow the Constitution and laws of the republic, guarantee the rights and freedoms of citizens, and conscientiously fulfill the obligations assigned to the President of the Republic of Uzbekistan." Article 93: The President of the Republic of Uzbekistan:

1) acts as a guarantor of compliance with the rights and freedoms of citizens, and with the Constitution and laws of the Republic of Uzbekistan;

2) adopts necessary measures to protect the sovereignty, security, and territorial integrity of the Republic of Uzbekistan, and implementts decisions concerning the national state system;

3) represents the Republic of Uzbekistan within the country and in international relations;

4) conducts negotiations and signs treaties and agreements of the Republic of Uzbekistan, and ensures compliance with the treaties and agreements concluded by, and the obligations assumed by, the republic;

5) accepts the credentials and departures of diplomatic and other representatives, whom she or he accredits;

6) appoints and recalls diplomatic and other representatives of the Republic of Uzbekistan in foreign states;

7) presents the Parliament of the republic with annual information about domestic and foreign situations;

8) forms and manages the administrative machinery of the executive branch, ensures the coordination of the highest state management agencies of the republic, forms and abolishes ministries, state committees, and other state management agencies of the Republic of Uzbekistan, with subsequent submission of decrees on these issues for approval by Parliament;

9) with subsequent approval by Parliament, appoints and dismisses the Prime Minister, the First Assistant Prime Minister, assistants to the Prime Minister, members of the Cabinet of Ministers of the Republic of Uzbekistan, the Procurator General of the Republic of Uzbekistan and her or his assistants;

10) presents the Parliament of the Republic of Uzbekistan with candidates for the offices of Chair and members of the Constitutional Court, Chair and members of the Supreme Court, Chair and members of the High Commercial Court, Chair of the Board of the Central Bank of the Republic of Uzbekistan, and Chair of the State Committee of the Republic of Uzbekistan for Nature Protection;

11) appoints and dismisses from office judges of regional, district, city, and commercial courts;

12) with subsequent approval from the corresponding Council of People's Deputies, appoints and dismisses from office governors (khokims) of regions and Tashkent city; The President has the right to, by her or his decision, dismiss governors of districts and cities in the event of their violation of the Constitution or the laws, or their commission of an act besmirching the honor and dignity of the office of governor;

13) suspends and repeals acts of state management agencies of the republic, as well as governors;

14) signs laws of the Republic of Uzbekistan; has the right to return laws to Parliament with her or his objections for additional discussion and vote. If two thirds of Parliament votes to affirm its earlier decision, the President signs the law;

15) in exceptional circumstances (actual external threat, mass disorders, large catastrophes, natural disasters, and epidemics), in the interests of ensuring the security of citizens, declares a state of emergency for the whole territory of or parts of the Republic of Uzbekistan, and, within three days, submits this decision to the Parliament of the Republic of Uzbekistan for approval. The conditions and procedure for introducing a state of emergency are regulated by law;

16) is the Supreme Commander of the Armed Forces of the republic, and appoints and dismisses the high command of the Armed Forces, and awards the highest military ranks;

17) declares war in the case of attack on the Republic of Uzbekistan or if necessary to fulfill mutual defense treaty obligations and, within three days, submits this decision to the Parliament of the Republic of Uzbekistan for approval;

18) awards orders, medals, credentials, and professional and honorary ranks and titles of the Republic of Uzbekistan;

19) decides issues of citizenship of the Republic of Uzbekistan and the extension of political asylum;

20) adopts acts of amnesty and pardons citizens who have been sentenced by the courts of the Republic of Uzbekistan;

21) forms national security and state monitoring services and appoints and dismisses their managers, and decides other issues ascribed to her or his jurisdiction.

The President does not have the right to transfer exercise of her or his powers to state agencies or officials.

Article 94: The President of the Republic of Uzbekistan, on the basis of and in fulfillment of the Constitution and laws of the Republic of Uzbekistan, issues decrees, resolutions, and orders which have obligatory force over the entire territory of the republic.

Article 95: When, among its members, in the Parliament of the Republic of Uzbekistan there arises discord which threatens its normal functioning, or it repeatedly adopts decisions contrary to the Constitution, Parliament may be disbanded by a decision of the President adopted in coordination with the Constitutional Court. In the event that Parliament is disbanded, new parliamentary elections take place within three months.

Parliament may not be disbanded while a state of emergency is in effect.

Article 96: If, for reasons of health that are confirmed by the findings of a State Medical Commission formed by Parliament, the President of the Republic of Uzbekistan is not able to meet her or his obligations, within ten days, at an emergency session of Parliament, from among the deputies, there is an election for an individual to, for up to three months, be Acting President of the Republic of Uzbekistan. In this case, within three months, a general election for the President of the Republic of Uzbekistan must be held.

Article 97: A President, stepping down from office upon expiration of her or his term, occupies the lifetime office of member of the Constitutional Court.


CHAPTER XX: THE CABINET OF MINISTERS

Article 98: The Cabinet of Ministers and its composition are formed by the President of the Republic of Uzbekistan and approved by the Parliament of the republic.

The heads of the government of the Republic of Karakalpakstan, by their office, become members of the Cabinet of Ministers.

The Cabinet of Ministers, through its management, ensures the effective functioning of the economy, the society, and the spiritual sphere, as well as implementation of laws, other decisions of Parliament, and the decrees, resolutions, and orders of the President of the Republic of Uzbekistan.

The Cabinet of Ministers, in accordance with legislation in force, issues resolutions and orders, compliance with which is obligatory over the entire territory of the Republic of Uzbekistan by all agencies, enterprises, institutions, organizations, officials, and citizens.

The Cabinet of Ministers relinquishes its powers before a newly-elected Parliament.

The procedures for organizing the operations of and the jurisdiction of the Cabinet of Ministers are determined by law.


CHAPTER XXI: THE FOUNDATIONS OF LOCAL STATE POWER

Article 99: Councils of People's Deputies are the representative agencies of power in regions, districts, and cities (except cities subordinate to districts, or districts which are part of cities), are headed by governors, and, proceeding from the interests of the state and citizens, decide issues ascribed to their jurisdiction.

Article 100: Within the jurisdiction of local agencies of power are:

ensuring the legality, legal order, and security of citizens;

issues of the economic, social, and cultural development of the territory;

composition and utilization of the local budget, establishing local taxes and tariffs, and composition of extra-budgetary funds;

managing local public property;

protecting the environment;

ensuring registration of acts of civic status;

adopting normative acts, and exercising other powers not contrary to the Constitution and laws of the Republic of Uzbekistan.

Article 101: Local agencies of power enact laws of the Republic of Uzbekistan, decrees of the President, and decisions of higher state agencies, as well as managing the operations of lower Councils of People's Deputies and participating in discussions of issues of republican and local significance.

Compliance with decisions of higher agencies, adopted within the bounds of their jurisdiction, is obligatory for lower agencies.

The term of office for a Council of People's Deputies or governor is five years.

Article 102: Governors of regions, districts, and cities head the representative and executive branches on their respective territories.

Governors of regions and Tashkent cityare appointed and dismissed by the President, and approved by the corresponding Council of People's Deputies.

Governors of districts and cities are appointed and dismissed by the governor of the corresponding region and approved by the corresponding Council of People's Deputies.

Governors of urban districts are appointed and dismissed by the governor of the corresponding city and approved by the City Council of People's Deputies.

Governors of cities of district subordination are appointed and dismissed by the governor of the district and approved by the District Council of People's Deputies.

Article 103: The governor of a region, district, or city exercises her or his powers according to the principle of a single source of power and is responsible for the decisions and acts of the agencies that she or he manages.

The organization of the work of and the extent of the powers of governors and local Councils of People's Deputies, and the procedures for elections of local Councils of People's Deputies, are regulated by law.

Article 104: A governor, within the confines of the powers granted to her or him, adopts decisions, compliance with which is obligatory for all enterprises, institutions, organizations, associations, officials, and citizens on the corresponding territory.

Article 105: Self-government agencies in towns, villages, and settlements, as well as in the neighborhoods (mahalla) of cities, towns, villages, and settlements are gatherings of citizens which elect for a 2.5 year term a chair (elder) and her or his advisors.

The procedures for elections for and the organization of the work of, and the extent of powers of, self-government agencies are regulated by law.


CHAPTER XXII: THE JUDICIAL BRANCH OF THE REPUBLIC OF UZBEKISTAN

Article 106: The judicial branch in the Republic of Uzbekistan operates independently of the legislative and executive branches, political parties, and any social associations.

Article 107: The judicial system of the Republic of Uzbekistan consists of a Constitutional Court of the Republic of Uzbekistan, a Supreme Court of the Republic of Uzbekistan, a High Commercial Court of the Republic of Uzbekistan, a Supreme Court of the Republic of Karakalpakstan, and a Commercial Court of the Republic of Karakalpakstan, all elected for terms of five years, as well as regional, Tashkent City, district, city, and commercial courts, all appointed for terms of five years.

The organization of the work of and procedures of courts are determined by law.

The creation of emergency courts is not allowed.

Article 108: The Constitutional Court of the Republic of Uzbekistan reviews cases concerning the constitutionality of legislative and executive acts.

The Constitutional Court is elected from among specialists in the fields of political science and law, and consists of a chair, assistant chair, and the judges of the Constitutional Court, including a representative of the Republic of Karakalpakstan.

The fulfillment of the duties of the chair and members of the Constitutional Court is incompatible with the office of a deputy.

The chair and members of the Constitutional Court may not be members of political parties or movements or occupy any other kind of paid position.

Judges of the Constitutional Court enjoy the right of immunity.

In their work, the judges of the Constitutional Court are independent, subordinate only to the Constitution of the Republic of Uzbekistan.

Article 109: The Constitutional Court of the Republic of Uzbekistan:

1) determines the compatibility of the Constitution of the Republic of Uzbekistan with laws of the Republic of Uzbekistan and other acts adopted by the Parliament of the Republic of Uzbekistan, decrees of the President of the Republic of Uzbekistan, resolutions of the government and local agencies of state power, and inter-state treaties and other obligations of the Republic of Uzbekistan;

2) provides findings on the accordance of the Constitution of the Republic of Karakalpakstan with the Constitution of the Republic of Uzbekistan, and the laws of the Republic of Karakalpakstan with the laws of the Republic of Uzbekistan;

3) provides interpretation of the norms of the Constitution and laws of the Republic of Uzbekistan;

4) reviews other cases, ascribed to its jurisdiction by the Constitution and laws of the Republic of Uzbekistan.

Decisions of the Constitutional Court enter into force at the moment of publication. They are final and not subject to appeal.

The organization of the work of and procedures for the Constitutional Court are determined by law.

Article 110: The Supreme Court of the Republic of Uzbekistan is the highest judicial branch agency in the spheres of civil, criminal, and administrative legal proceedings.

The acts which it adopts are final, and compliance is obligatory over the entire territory of the Republic of Uzbekistan.

The Supreme Court of the Republic of Uzbekistan possesses the right of judicial supervision over the work of the Supreme Court of the Republic of Karakalpakstan and regional, city, and district courts.

Article 111: Economic conflicts arising between enterprises, institutions, and organizations in the economic sphere, in the process of economic management, based on various forms of property, or between business people are resolved by the High Commercial Court and other commercial courts, within the confines of their jurisdiction.

Article 112: Judges are independent, subordinate only to the law. Any sort of interference in the work of judges in their carrying out of justice is forbidden and incurs legal responsibility.

The immunity of judges is guaranteed by law.

The chair and members of the Supreme Court and High Commercial Court may not be deputies of the Parliament of the Republic of Uzbekistan.

Judges, including district judges, may not be members of political parties or movements or occupy any other kind of paid position.

Before the end of their terms of office, judges may only be dismissed for reasons indicated by law.

Article 113: Trials of cases in all courts are open. Closed hearings are allowed only in circumstances established by law.

Article 114: Acts of the judicial branch must be complied with by all state agencies, social associations, enterprises, institutions, organizations, officials, and citizens.

Article 115: Judicial proceedings in the Republic of Uzbekistan are conducted in Uzbek, Karakalpak, or the language of the majority of people of the area. Participants in a case who do not know the language of the judicial proceedings are ensured the right to acquaint themselves fully with the materials of the case and participate in the judicial proceedings through an interpreter, and also the right to address the court in their native language.

Article 116: An accused is ensured the right to defense.

The right to professional legal assistance is guaranteed at any stage of an investigation or judicial proceeding. The bar acts to provide legal assistance to citizens, enterprises, institutions, and organizations. The organization of the work and the procedures of the bar are determined by law.


CHAPTER XXIII: THE ELECTORAL SYSTEM

Article 117: Citizens of the Republic of Uzbekistan have the right to elect and be elected to representative agencies. Each elector has one vote. The right to vote, equality of votes, and freedom of expression through voting are guaranteed by law.

Elections for the President and the representative agencies of power of the Republic of Uzbekistan are conducted on the basic of general, equal, and direct voting rights by secret ballot. Citizens of the Republic of Uzbekistan who have reached 18 years of age have the right to vote.

Citizens who have been declared incompetent by a court or who are imprisoned may not be elected and do not participate in elections. In any other circumstances, direct or indirect abridgment of the voting rights of citizens is not allowed.

A citizen of the Republic of Uzbekistan may not simultaneously be a deputy in more than two representative agencies.

The procedure for holding elections is determined by law.


CHAPTER XXIV: THE PROCURACY

Article 118: Oversight for exact and uniform compliance with the law on the territory of the Republic of Uzbekistan is exercised by the Procurator General of the Republic of Uzbekistan and procurators subordinate to her or him.

Article 119: The Procurator General of the Republic of Uzbekistan heads a unified, centralized system of procuracy agencies.

The Procurator of the Republic of Karakalpakstan is appointed by the highest representative agency of the Republic of Karakalpakstan with the agreement of the Procurator General of the Republic of Uzbekistan.

Procurators of regions, districts, and cities are appointed by the Procurator General of the Republic of Uzbekistan.

The term of office of the Procurator General of the Republic of Uzbekistan, the Procurator of the Republic of Karakalpakstan, and the procurators of regions, districts, and cities is five years.

Article 120: The agencies of the Procuracy of the Republic of Uzbekistan, being subordinate only to the law, exercise their powers independent of any kind of state agency, social association, or official.

During their terms of office, procurators suspend their membership in political parties and other social associations which pursue political goals.

The organization of the work of, the powers of, and the procedures of the procuracy agencies are determined by law.

Article 121: On the territory of the Republic of Uzbekistan, it is forbidden to form or operate private orcorporate organizations, social associations, or structures subordinate to them, which independently implement investigatory, detective, or other specialized functions for the combat of crime.

In defense of legality, legal order, or the rights and freedoms of citizens, social associations and citizens may provide assistance to law enforcement agencies.


CHAPTER XXV: FINANCE AND CREDIT

Article 122: The Republic of Uzbekistan has its own financial and monetary credit system.

The state budget of Uzbekistan includes the republican budget, the budget of the Republic of Karakalpakstan, and local budgets.

Article 123: A uniform tax system operates on the territory of the Republic of Uzbekistan. The right to establish taxes belongs to the Parliament of the Republic of Uzbekistan.

Article 124: The Central Bank of the republic heads the banking system of the Republic of Uzbekistan.


CHAPTER XXVI: DEFENSE AND SECURITY

Article 125: The Armed Forces of the Republic of Uzbekistan are formed for defense of the state sovereignty and territorial integrity of the Republic of Uzbekistan, as well as of the peaceful life and security of the population.

The structure and organization of the Armed Forces are determined by law.

Article 126: The Republic of Uzbekistan maintains Armed Forces in order to ensure its security at a necessarily sufficient level.


SECTION VI: THE PROCEDURE FOR AMENDING THE CONSTITUTION

Article 127: Amendments to the Constitution of the Republic of Uzbekistan are introduced by laws adopted and voted for by no less than two thirds of the total number of deputies of the Parliament of the republic.

Article 128: The Parliament of the Republic of Uzbekistan may adopt a law concerning changes and amendments to the Constitution within six months after submission of a corresponding proposal for wide-spread discussion. If the Parliament of the Republic of Uzbekistan rejects a proposal concerning amendment of the Constitution, that proposal may be re-introduced only after one year has passed.
 
 



Translation Copyright Eric W. Sievers and LEEP 1997