Legal Research in Uzbekistan
By Mirfozil Khasanov
Mirfozil (Fazil) Khasanov is with a UNDP’s humanitarian project. Previously, he worked for the US and international human rights and humanitarian organizations in education, training, and torture prevention projects.
Published July/August 2024
(Previously updated by Maria Stalbovskaya in September/October 2007 and by Mirfozil Khasanov in January 2014, November/December 2016, and November/December 2019)
Table of Contents
- 1. Introduction
- 2. Legal System of Uzbekistan
- 3. Form of Government in Uzbekistan
- 3.1. Legislative Branch of Government
- 3.2. Executive Branch of Government
- 3.2.1. Presidency
- 3.2.2. Government
- 3.3. Judicial Branch of Government
- 4. Legal Resources
- 4.1. Online
- 4.1.1. International Resources
- 4.1.2. Local Resources on Uzbekistan
- 4.2. Print
- 4.2.1. Official Legal Issues
- 4.2.2. Other Legal Serial Publications
- 4.1. Online
1. Introduction
Uzbekistan is located in Central Asia and lies between latitudes 37° and 46° N, and longitudes 56° and 74° E. It consists of 12 provinces, one autonomous entity, and a capital with the so-called special status. The provinces, Karakalpakstan and Tashkent city, the capital, that are divided into districts. Karakalpakstan is an autonomous entity with its own Constitution and national flag.
The ancient Great Silk Road routes that linked Europe and Asia from the 2nd century BC to the end of the 14th century AD went through the region, which now roughly corresponds with the territory of Uzbekistan. It is the most populous country in Central Asia, home to 33,254,100 people.[1] The total territory of the country is 448,978 sq. km (173,351.375 sq. miles).[2] It borders Kyrgyzstan in the east, Kazakhstan in the north, Tajikistan in the southeast, Afghanistan in the south, and Turkmenistan in the west. The capital of Uzbekistan is the city of Tashkent. Samarkand, Bukhara, Khiva, and other cities of Uzbekistan are popular tourist destinations with a vast abundance of historic sites and places.
Uzbeks are the predominant ethnic group; they profess the Sunni branch of Islam. Shia Muslims are mainly represented by ethnic Iranians. If previously only Slavic populations belonged to Eastern Orthodox Christianity, within the last decade representatives of other ethnic groups have joined the Orthodox Church too, Judaism is represented by a smaller minority of Ashkenazi and Bukharan Jews. The majority of Buddhists, who are reported to make up 0.2% of the population, are ethnic Koreans.[3]
The state language is Uzbek. It belongs to the Southeastern (Karluk) branch of the Turkic languages family, and is mutually intelligible with other Turkic languages to varying degrees: over 70% with Kazakh, Kyrgyz, Tatar, and Turkmen; around 60% with Azeri and Turkish; and some 80% with Uyghur.[4] The Russian language continues to be used in business correspondence and official documents, as well as in everyday communication. Tajik, a variety of Persian, is predominantly spoken in Samarkand, Bukhara, and is in use in pockets across the country. The Karakalpak language is an official language of the Republic of Karakalpakstan. It is a Turkic language close to Kazakh and has been heavily influenced by Uzbek.
In the 19th century, Imperial Russia conquered the three khanates of Bukhara, Kokand, and Khorezm, the territories roughly corresponding to modern Uzbekistan. Following the Bolshevik revolution in 1917 and after the local resistance was subdued, the Soviet power was established by 1920. The Bolshevik government created the Uzbek Soviet Socialist Republic, instead of the short-lived Turkestan ASSR, the Bukharan People’s Republic, and the Khorezm People’s Republic.
During World War II, Uzbekistan became a home for some 1,500,000 refugees evacuated from the occupied territories of the Soviet Union, including hundreds of thousands of children. Some 1,430,000 people from Uzbekistan fought against Nazi Germany, while several of them were lured into the Turkestan legion, military units made up of Turkic peoples to fight in the ranks of Wermacht by the promises of the liberation of their country from the communist yoke.
Following the failed coup d’état of August 18, 1991, Uzbekistan announced its independence on August 31, 1991. On December 8, 1992, the 11th session of the Supreme Council of Uzbekistan adopted a new Constitution that replaced the Constitution of the Uzbek Soviet Socialist Republic of 1977. A former Communist Party boss Islam Karimov ruled the country for 27 years with an ‘iron fist.’ He was known for fiercely opposing radical religious groups and for repressions against political opposition, independent media, and civil activists.
Minister Shavkat Mirziyoyev became an interim President after the death of Islam Karimov in September 2016 and was sworn in as President on 14 December after winning the presidential election with a reported 88.6% of the vote. He was re-elected in 2021 with 80.1% vote. The Development Strategies for 2017 – 2021 and 2022 – 2026 outline such priorities as good governance and judiciary reform, access to fair trial and legal services, market and social protection reforms, and so on.[5],[6]
The government under Mirziyoyev is credited with the following reforms: elimination of child labor and forced labor; release of political prisoners from the Karimov era; encouragement of freedom of expression and media; introduction of systemic education on human rights, anti-corruption, fight against torture, human-trafficking; promotion of disability rights; reforms in secondary education; measures to counter corruption; economic liberalization, including taxation and free currency reforms; measures to increase accountability and transparency of public governance, to name some. In response to international criticism and popular sentiments, the restrictions put on freedom of religion under the previous government were lifted: morning prayers resumed, participation of the underage in Islamic religious practices allowed the quote for the pilgrimage tripled and private operators were allowed to organize the pilgrimage. The government has heavily invested in building good neighborly relations close regional cooperation and set economic cooperation as a foreign policy priority. These policies led to the resolution of many previously contested border issues that had been stalled for almost three decades, boosted political and economic ties and cooperation, and helped decrease tensions in Central Asia.
On June 22, 2022, the Constitutional Commission submitted amendments to the Constitution that included such novelties as the abolishment of capital punishment, the extension of the presidential office from five to seven years, and the removal of reference to the cession of Karakalpakstan via referendum of the people of Karakalpakstan. The bill led to public protest actions which were responded to with law enforcement actions. Eighteen people, civilians, and law enforcement officers were reported to have been killed.
2. Legal System of Uzbekistan
Uzbek law has roots in the customs of the indigenous population as well as the law of Imperial Russia and the Soviet Union. In the 19th century, the Russians established courts of general jurisdiction that functioned alongside shariah courts and customary courts, the latter mainly being the courts of nomads that applied traditional dispute resolution practices. The Soviet regime introduced socialist law and justice sector structures based on the civil law model. This legacy has been replaced over time by new legislation, including civil and criminal codes, and other promulgated by parliament, the Oliy Majlis. Uzbekistan adopted its first Constitution on December 8, 1992. After several revisions, a new constitution entered into force on May 1, 2023, affirming the country’s commitment to secular, social, constitutional, and democratic governance.
In the post-independence period, Uzbekistan retained its secular character and employed what the then-government called “the phased approach” to reform legislation to adapt to international standards. Meanwhile, the incumbent government called on the bureaucrats to move from the rhetoric to tackling challenges in practice.
The hierarchy of the Uzbekistan’s laws is as follows, subject to the provisions of Art. 14, Law on Regulatory Legal Acts:
- the Constitution of the Republic of Uzbekistan,
- laws, constitutional laws, codes,
- resolutions of the Oliy Majlis’ chambers,
- decrees and executive orders of the President of Uzbekistan,
- decrees of the Cabinet of Ministers,
- decrees of the ministries, state committees, and agencies,
- decisions of the local government.
The Constitution and the law on regulatory legal acts provide for supremacy of the Constitution and laws of Uzbekistan in its territory. Though many laws provide that in case of conflict between the national legislation and an international treaty, the latter is to be applied, there is no mechanism made available to directly apply them. International law and treaties do not have a direct effect and have to be properly incorporated and implemented to be enforced.
The legislation has been undergoing numerous changes targeting the ambitious bid announced by the incumbent government to carry out a complete overhaul of the country’s governance, judiciary, and economy, including promotion of the respect for human rights and freedoms, strengthening the judiciary independence, attracting investments, and restructuring the national economy.
In 2023, the Supreme Court issued guidance for the courts indicating that they can refer directly to Constitutional norms and the international agreements Uzbekistan is party to, should the laws and bylaws include different norms.[7]
2.1. The Constitution of the Republic of Uzbekistan
The first Constitution was adopted on December 8, 1992, by the eleventh session of the Supreme Council of the Republic of Uzbekistan of the twentieth convocation. The Constitution of the Republic of Karakalpakstan was adopted on April 9, 1993, by the twelfth session of the Supreme Councill of the Republic of Karakalpakstan of the twelfth convocation. See Francisco Olmos, The Curious Case of the Republic of Karakalpakstan, Foreign Policy Centre (May 28, 2020). See also the Constitution of the Republic of Uzbekistan (UN).
The Constitution of the Republic of Uzbekistan with amendments was adopted by nationwide vote at the referendum of the Republic of Uzbekistan on April 30, 2023.
2.2. Constitutional Laws of the Republic of Uzbekistan
The legislators have yet to define the scope of issues constitutional laws are designed to address. Since independence, the Uzbek parliament adopted seven constitutional laws, out of which five remain in effect:
- On the Foundations of State Independence of the Republic Uzbekistan (1991),
- On the Results of the Referendum and the Basic Principles of Organization of State Power (2002)
- On the Senate of the Oliy Majlis of the Republic of Uzbekistan (2002)
- On the Legislative chamber of the Oliy Majlis of the Republic of Uzbekistan (2002)
- On strengthening the role of political parties in the process of renewing governance and furthering democratization thereof, and in the modernization of the country (2007)
- On Constitutional Court of the Republic of Uzbekistan (2021)
- On the Constitution of the Republic of Uzbekistan (2023)
- On the Alterations and Amendments to Certain Legislative Acts of the Republic of Uzbekistan Designed to Further Improve the Holding of Elections and Referenda (2023).
2.3. Codes of the Republic of Uzbekistan
The codes are very important elements of the legal system of Uzbekistan. They are given effect and/or amended by special laws.
- “City-planning Code of the Republic Uzbekistan” (2021)
- “Housing Code of the Republic Uzbekistan” (1998)
- “Air Code” (1993)
- “Family Code of the Republic Uzbekistan” (1998)
- “Land Code of the Republic Uzbekistan” (1998)
- “Custom Code of the Republic Uzbekistan” (2016)
- “Code of Economic Procedure of the Republic of Uzbekistan” (2018)
- “Code of Civil Procedure of the Republic Uzbekistan” (2018)
- “Criminal Code of the Republic of Uzbekistan” (1994, as amended 2012, English)
- “Criminal Code of the Republic Uzbekistan” (1994, as amended 2007, English)
- “Criminal Code of the Republic of Uzbekistan” (1994, as amended 2001, English)
- “Correctional Code of the Republic Uzbekistan” (1997)
- “Criminal Procedure Code of the Republic Uzbekistan” (1994, as amended 2001, English)
- “Tax Code of the Republic Uzbekistan” (2020)
- “Civil Code of the Republic Uzbekistan” Part One (1995), Part Two (1996)
- “Labor Code of the Republic Uzbekistan” (2022)
- “Code on Administrative Responsibility of the Republic Uzbekistan” (1994)
- “Air Code of the Republic Uzbekistan” (1993)
- “Budget Code” (2014)
- “Electoral Code” (2019)
- “Code of Administrative Judicial Proceedings” (2018)
3. Form of Government in Uzbekistan
According to the Constitution, Uzbekistan is a secular democratic republic, where the state power is exercised according to the principle of separation of powers and divided into legislative, executive, and judicial power.
3.1. Legislative Branch of Government
3.1.1. The Oliy Majlis of the Republic of Uzbekistan
The highest representative body is the Oliy Majlis (the Supreme Assembly) of the Republic of Uzbekistan, exercising legislative powers. The referendum of January 27, 2002, approved a proposal to change the structure of the Oliy Majlis. The Oliy Majlis of the Republic of Uzbekistan was enacted on June 1, 2004, as a bicameral parliament consisting of the Legislative Chamber and the Senate. (The law amending the Constitution of the Republic of Uzbekistan was officially published on May 22, 2003.) The 2023 Constitutional amendments further expanded both chambers’ powers.
The Legislative (lower) chamber of the Republic of Uzbekistan is composed of 150 deputies, of which 135 are elected by territorial constituencies on a majoritarian and proportional representation voting system for the term of five years.
The Senate (upper chamber) of the Republic of Uzbekistan consists of territorial representatives (senators) of the Republic of Karakalpakstan, of the provinces of Uzbekistan and Tashkent city, elected by the respective local legislatures from among their members by secret ballot. Each territory elects four senators. The President of the Republic of Uzbekistan appoints nine members of the Senate from among the country’s most distinguished citizenry with broad practical experience who performed meritorious service in the areas of science, the arts, literature, and industry.
Parliamentarians and senators are elected for a term of five years. They cannot hold paid positions, except those related to teaching and research, during the term.
The Senate and the Legislative Chamber of the Oliy Majlis adopt and amend the Constitution, constitutional laws, and ordinary laws of the Republic of Uzbekistan; schedule referenda; define fundamental areas of foreign and domestic policy and adopt national strategic development programmes; define the structure and competences of legislative, executive, and judiciary agencies; decide on issues of the national territory; regulate customs, currency, and credit systems; decide on taxes and other mandatory fees; approve the national budget; convene the Central Election Commission; elect the Human Rights Ombudsperson and his/her deputy; approve the Prime Minister; ratify the presidential declaration of war, national emergency, and nationwide mobilization; ratify or denounce international treaties; approve cession from and admission of new states to Uzbekistan; create, annul, and rename districts, towns, provinces and change their borders; hear the National Report on anti-corruption; conduct parliamentary inquiries; and exercise other powers provided for by the Constitution.
The exclusive powers of the Legislative chamber of the Oliy Majlis include monitoring the implementation of the state budget; hearing the report of the Chamber of Audit; considering and approving the Prime Minister and the Cabinet of Ministers nominations made by the President of the country; hearing of the Prime Minister reports; considering and approving the candidates of the Cabinet of Ministers proposed by the president of the country; exercising parliamentary control; electing its Speaker, Deputy Speakers, Committee Chairpersons, and their deputies; adopting enactments related to politics, socioeconomics, and domestic and foreign policies of Uzbekistan; adopting parliamentary procedure; considering the request of the Prosecutor General on immunity waiver of parliamentarians; and doing other resolutions.
The Senate has exclusive powers to elect the Constitutional Court, the Supreme Court, the Supreme Judicial Council, the chiefs of the Anti-corruption agency and the Anti-monopoly and Senate Chairperson and his/her deputies; consider and approve the nominations for the position of Prosecutor General and the Chairperson of the Chamber of the Audit proposed by the President of the country; conduct consultations on the nomination of the head of the State Security Service; approve the appointment and dismissal of heads of Uzbekistan’s diplomatic missions and of the Central Bank Chairperson proposed by the President of Uzbekistan; consider the request to waiver Senators immunity; adopt amnesty acts proposed by the President of the country; hear the reports by the Prosecutor General, Central Bank Board and by the diplomatic missions of Uzbekistan; make parliamentary inquiries to public officials and agencies; revoke the decisions of the local legislatures; make enactments on politics, socio-economics, and foreign and domestic policy of Uzbekistan; ratify decrees of the President of the country on establishing and abolishing ministries and other agencies of the executive branch; to support the local public administration; adopt resolutions on issues of political, social, and economic life and national and foreign policy; perform the Legislative Assembly powers to legislate except on the matters of Constitution and constitutional laws when the Chamber is dissolved.
3.1.2. Legislative Process
The right to initiate legislation in the Oliy Majlis of the Republic of Uzbekistan is vested in the following: the President of the Republic of Uzbekistan, the Republic of Karakalpakstan through the highest body of state authority, the deputies of the Legislative Chamber of the Republic of Uzbekistan, the Cabinet of Ministers of the Republic of Uzbekistan, the Constitutional Court, the Supreme Court, and the Prosecutor General Office of the Republic of Uzbekistan. A group of voters not less than 100,000 persons, the Senate, the Ombudsperson, and the Central Election Commission have the right to submit legislation to the Oliy Majlis.
The Oliy Majlis of the Republic of Uzbekistan passes laws, decisions, and other regulatory legal acts. Any bill is considered to have been adopted when it is passed by a majority vote of the total number of the members of the Legislative Chamber. Amendments to the Constitution or constitutional laws are deemed to have been adopted when they are voted by two-thirds of the Chamber members.
The chamber passes the bill to the Senate within ten days after they approve it. The Senate has to either approve or reject the bill within sixty days. If it fails to do so, the bill goes to the President of Uzbekistan for signing. If the bill returned by the Senate is re-voted and supported by two-thirds of the Chamber members, it is deemed to have been adopted. The Senate may propose to the Chamber to work on a bill through a joint reconciliation commission.
The President of the Republic of Uzbekistan shall have the right to return the law with his objections to the Oliy Majlis of the Republic of Uzbekistan.
In case of approval of the law in the earlier adopted edition by a majority not less than two-thirds of votes of the total number accordingly of deputies of the Legislative Chamber and members of the Senate of the Oliy Majlis of the Republic of Uzbekistan, the law shall be subject to signing by the President of the Republic of Uzbekistan within fourteen days and promulgation.
Promulgation of laws and other regulatory acts is a pre-condition for their enactment. They enter into effect either on the date set under the document or 10 days after the promulgation. The presidential decrees and the resolutions of the Cabinet of Ministers enter into force in the manner specified therein and are subject to promulgation. Regulatory normative acts of the ministries, state agencies, and committees enter into force after 10 days from the date of state registration with the Ministry of Justice or at the date specified thereunder: the ministries, state agencies, and committees have to inform the concerned parties of these documents.
Laws cannot be retrospective unless it is specified by the law itself. The laws and regulatory legal acts that impose harsher penalties for crimes and/or offenses committed before their adoption can’t have a retroactive effect.
3.1.3. Draft Laws and Regulatory Acts
The draft laws and regulatory acts are published on Uzbekistan’s regulatory websites for public discussion. The users can contribute to the discussions of the content upon registration.
3.2. Executive Branch of Government
The Executive branch of powers includes the Cabinet of Ministers of the Republic of Uzbekistan, the Council of Ministers of the Republic of Karakalpakstan, and hokimiyats (administrations) of provinces and cities.
The President of the Republic of Uzbekistan issues decrees, resolutions, and ordinances binding the entire territory of the Republic based on and for enforcement of the Constitution and laws of the Republic of Uzbekistan.
3.2.1. Presidency
The President of the Republic of Uzbekistan is the head of state and the authority responsible for the coherent functioning and interaction of the public administration agencies in the Republic of Uzbekistan. The April 11, 2007, constitutional amendment assigned the executive power to the Cabinet of Ministers, headed by the Prime Minister.
The President is elected for a term of seven years.
The powers of the President of the Republic of Uzbekistan include:
- To be a guarantor of human rights and freedoms, respect the Constitution and laws of Uzbekistan, of sovereignty, security, and territorial integrity of Uzbekistan;
- To represent the country inside and outside Uzbekistan;
- To nominate to the Oliy Majlis, the candidates of the Prime Minister, of the Ambassadors for missions abroad, of the Senate Chairperson, of the Chairpersons and Judges of the Supreme Court and Constitutional Court, of the Chairpersons of the Central Bank Board, and the State Committee for the Protection of Nature;
- To appoint with the approval of the Legislative Chamber and dismiss the Prime Minister and the members of the Cabinet of Ministers of the Republic of Uzbekistan,
- To appoint and dismiss the Prosecutor General of the Republic of Uzbekistan and the Chairperson of the Audit Chamber with the approval of the Senate;
- To appoint and dismiss judges of provincial, district, and city courts for criminal and civil cases, of military and economic courts;
- To appoint and dismiss heads of public administration of provinces and Tashkent city, nominated by the Prime Minister;
- To sign the laws of the Republic of Uzbekistan, and to return the bills with reasons specified for another discussion;
- To serve as the Supreme Commander of the Armed Forces of the Republic, to appoint and dismiss the high command of the Armed Forces, and to confer the highest military ranks;
- To establish the national security and state control services, to appoint and dismiss their heads, and to exercise other powers vested in him/her;
- To suspend or terminate the decisions of the public administration;
- To declare a state of war, in case of attack against it or in implementation of treaty agreements on mutual defense, to introduce the state of emergency on the territory of the country in full or partially, and to submit the declaration to the Oliy Majlis chambers for approval;
- To rule on the matters of citizenship and political asylum;
- To propose amnesty acts to the Senate;
- To form and head the Security Council at the President of the Republic of Uzbekistan, the Presidential Administration, as well as consultative, advisory, and other bodies at their office;
- To exercise other powers under the Constitution and laws.
The President of the Republic of Uzbekistan issues decrees, enactments, and ordinances binding on the entire territory of the Republic to ensure enforcement of the Constitution and the laws of the Republic of Uzbekistan.
The government under President Mirziyoyev has been involved in extensive reforms in governance, economy, criminal justice, and other sectors.[8] In particular, it launched the online web-portal for citizens’ complaints that subsequently has grown into a nationwide network of public complaint submission offices; abolished exit visas, which were government’s permission to travel to foreign countries, and introduced travel passports; waived entry visas for nationals of dozens of countries; ordered to equip police officers with body cameras and install CCTV in the buildings of the law enforcement agencies and detention facilities across the country; introduced national online custom clearance system for imports and exports; established an office of the Business Ombudsman and Child Ombudsman; put an end to child labor and forced labor; criminalized domestic violence and introduced protections for women and children; ratified the legislation on the rights of people with disabilities and enhanced their social protection and inclusion in education, employment and public life; digitalized and made accessible the public services system; reformed taxation and government monitoring of the businesses; established a media freedom watchdog to support the freedom of media; introduced a universal social protection benefit and medical services; to name some.
3.2.2. Government
The Cabinet of Ministers is a top executive power agency, responsible for the efficient management of economics and social and spiritual sectors as well as for the enforcement of laws, ordinances, and decisions of the Oliy Majlis and the President. It issues enactments and ordinances that are binding on all bodies of administration, enterprises, institutions, organizations, officials, and citizens throughout the Republic of Uzbekistan.
According to the Constitution, the Prime-Minister nomination is made by the President of Uzbekistan following consultations with all factions of the Legislative Assembly. The nomination is deemed to have been approved, if the nominee receives more than half of the total number of votes. Should the Legislative Assembly reject the nominations three times, the President of Uzbekistan appoints the Prime Minister and has the right to dissolve the Legislative Assembly.
The President appoints the members of the Cabinet of Ministers after they receive the approval of the Legislative Assembly and can dismiss the Prime Minister of the members of the Cabinet. The Prime Minister submits the nominations for the Cabinet to the President for approval. The Legislative Assembly hears the reports of the Cabinet members and may propose their dismissal to the President. The Assembly may vote no-confidence to the Prime Minister if one-third of the Chamber votes to bring it on the agenda. The no-confidence is deemed effective if two-thirds of the Chamber vote for it. The President has to dismiss the Prime Minister upon no-confidence vote.
Under Article 98 of the Constitution, the Prime Minister shall have the following powers:
- organize and lead the work of the Cabinet of Ministers and be responsible for its efficiency;
- chair the sessions of the Cabinet of Ministers and sign its resolutions;
- represent the Cabinet of Ministers of the Republic of Uzbekistan in international relations;
- perform other functions provided for under the laws of the Republic of Uzbekistan.
Ministries:
Access the list of ministries from the governmental portal.
- Ministry of Economy and Finance
- Ministry of Transport
- Ministry of Sport
- Ministry of Agriculture
- Ministry of Water Economy
- Ministry of Poverty Reduction and Employment
- Ministry of Higher Education, Science and Innovation
- Ministry of Pre-School and School Education
- Ministry of Public Health
- Ministry of Internal Affairs
- Ministry of Defense
- Ministry of Emergency Situations
- Ministry of Foreign Affairs
- Ministry for Investment, Industry and Trade
- Ministry of Justice
- Ministry of Culture
- Ministry for Information Technologies
- Ministry of Construction, Housing and Utilities
- Ministry of Innovation-Driven Development
- Ministry of Energy
- Ministry of Mining and Geology
State Committees:
- State Tax Committee
- State Customs Committee
- The Women’s Committee
- Anti-Monopoly Committee
- The Committee on Religious Affairs
State Agencies:
- Agency for Youth Affairs
- Agency for State Assets Management
- National Anti-Doping Agency
- Agency of Cultural Heritage
- Energy Market Development and Regulation Agency
- Technical Regulation Agency
Other Agencies:
- National Agency for Prospective Projects Management
- Forestry Agency
- Cadaster Agency
- Statistics Agency
- Agency for Development of Pharmaceutical Industry
- Agency of Information and Mass Communications
- “Uzarkhiv” Agency
- Uzatom Agency for Nuclear Energy Development
- Agency of Civil Aviation
- Plant Quarantine and Protection Agency
- Agency on Intellectual Property
State Inspections:
- The State Inspection for oversight of technical conditions and safe operation of important water economy facilities at the Ministry of Water Economy (it shows as unsafe link)
Other Committees:
- The State Committee for Ecology, Environmental Protection and Climate Change
- The Committee on Religious Affairs
- The State Committee for Tourism
- The Committee on the Management of State Reserves
- The Committee on Inter-Ethnic Relations and Friendship with Foreign Countries
- The State Committee on Veterinary and Animal-Farming Development
3.3. Judicial Branch of Government
The judicial system of Uzbekistan has been the focus of the government since 2017. To ensure the independence of the judiciary, it founded the Supreme Judicial Council authorized to select, train, support, and protect judges as well as monitor and enforce standards of judicial integrity, conduct, and discipline. The appointment authority was shifted from the president to the Council except for the Judges of the Supreme Court who are nominated by the Council and appointed by the president of the country. The tenure of judicial office (5 years with option for reappointment) was modified. The first term is set at five years, the next consecutive reappointment is 10 years, and the third reappointment is life tenure.
The judicial branch consists of the following courts: the Constitutional Court of the Republic of Uzbekistan; the Supreme Court of the Republic of Uzbekistan; military courts; the Supreme Court of Karakalpakstan, provincial courts, and the Tashkent city court with panels for criminal and civil cases; the A Court of the Republic of Karakalpakstan, administrative provincial courts, and the Tashkent city administrative court; inter-district, district, and city courts for civil cases; district and town courts for criminal cases; inter-district, district, and towns’ economic courts; and inter-district administrative courts.
The Constitutional Court of the Republic of Uzbekistan is the only court that exercises exclusively judicial review: it hears cases related to the constitutionality of laws, regulatory legal acts, and decisions passed by the legislative and executive branches, as well as of treaty and other obligations of Uzbekistan; interprets the Constitution and laws of Uzbekistan; and exercises other competences specified under the law on the Constitutional law. The Court refrains from examining and establishing facts if the latter is within the competence of other courts or agencies.
The Supreme Court of the Republic of Uzbekistan is the highest court administering civil, criminal, and administrative justice as first instance and appellate tribunal. Its rulings are binding throughout the Republic of Uzbekistan for every natural and legal person. The Supreme Court has the right to supervise the administration of justice by the Supreme Court of the Republic of Karakalpakstan and the military courts as well as by provincial, city, town, and district courts. The Supreme Court issues interpretations and guidance for the application of laws that are binding for lower courts and recommendatory for law enforcement agencies. The lower courts have to follow the guidance.
The Supreme Court has the following agencies: the plenum, the presidium, and the divisions on administrative, civil, criminal, and economic cases. It includes the judges and the support personnel.
It has to be noted that for the last few years, the judiciary has been undergoing reforms designed to strengthen the rule and calibrate its powers to the evolving challenges of transition. The latest includes the audit powers of the higher courts over the rulings of the lower courts; these are in addition to the traditional appeals and cassation procedures.[9]
Economic courts try economic (commercial) disputes between entrepreneurs, public and private businesses, and organizations.
Treteyskie study (Arbitration Courts or Mediation Tribunals) are not a part of the judicial system, like in some other countries. Pursuing the objective of reaching an amicable solution and preserving cooperation between the parties (natural and/or legal persons), they adjudicate disputes between parties that have chosen to refer a matter under civil law or commercial law to the tribunals and submit it to their competence. The decisions taken by the tribunals are binding, not subject to review by competent courts, enforceable by law, and enter into force immediately. They cost less and last shorter than civil or economic court hearings. Uzbekistan is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958.
Useful links:
- Ministry of Justice of the Republic of Uzbekistan – History
- Constitutional Court of the Republic of Uzbekistan
- Association of Arbitration Courts in Uzbekistan
4. Legal Resources
4.1. Online
4.1.1. International Resources
- Report
- Asian Development Bank
- Information Portal for Water and Environmental Issues in Central Asia
- ECOLEX—database of national environmental legislation Environmental Law Gateway (UNEP/ICUN)
- European Bank for Reconstruction and Development
- OECD
- FAO
- Judiciary Worldwide
- SOAS Library
- Hieros Gamos
- ICNL The International Center for Non-for-Profit Law
- MIXMARKET
- NATLEX
- OSCE ODIHR Documentation Center – Uzbekistan
- OSI
- UNODC SHERLOC
- UNDP Uzbekistan
- WIPO (World Intellectual Property Organization)
- World Legal Information Institute
4.1.2. Local Resources on Uzbekistan
- State Committee for Tourism Development
- Asian Human Rights Forum
- LexUz
- Agency for Foreign Investment under the Ministry of Investment and Foreign Trade
- Constitution.uz
- Norma
- Chamber of Commerce and Industry of Uzbekistan (English, Uzbek and Russian)
- Center for Economic Research (English, Russian)
- Central Election Commission (Russian, Uzbek, English,)
- Ministry of Foreign Affairs, Republic of Uzbekistan – Press Service
- Press service of the President of the Republic of Uzbekistan
- Ombudsman at the Oliy Majlis of the Republic of Uzbekistan (Russian)
- National Association of the Nongovernmental Organizations (Russian)
- National Police Academy
- Constitutional Court of the Republic of Uzbekistan
- Prosecutor General Office of the Republic of Uzbekistan
- National Human Rights Center E-library
4.2. Print
4.2.1. Official Legal Issues
- “O’zbekiston Respublikasi Oliy Majlis palatalizing axborotnomasi” (Bulletin of the Chambers of the Parliament of Uzbekistan),
- “O’zbekiston Respublikasi Qonun Hujjatlari To’plami” (Collection of legislation of the Republic of Uzbekistan),
- “Xalq Sozi” daily newspaper, and
- The national online database of legislation LexUz is the official source for publications of resolutions of the Cabinet of Ministers.[10]
4.2.2. Other Legal Serial Publications
Journals:
- “Democratization and human rights”
- “Public Opinion. Human Rights”
- “Falsafa va huquq” (Uzbek, Russian, English)[11]
- “E-Journal of Legal Studies”
- “Fuqarolik jamiati”[12] (Uzbek)
- “Huquq va burch” (Uzbek)
- “Huquqshunos” (Uzbek)
- “Odil sudlov” (the Supreme Court) (Uzbek and Russian)
- “The Bulletin of the Supreme Court of Republic Uzbekistan” (Uzbek)
Newspapers:
- “Huquq” (Prosecutor General Office) (Uzbek)
- “Huquq olamida” (Uzbek)
- “Postda” (Uzbek, Russian)
- “Pravda Vostoka” (Cabinet of Ministers (Russian))
- “Soliq Info” (Uzbek)
Reference Books:
- Butler William E., ed. Uzbekistan Legal Texts. The Foundations of Civic Accord and a Market Economy. Kluwer Law International. Hague, London, Boston: Simmonds & Hill, 1999.
- Butler William E., transl. Civil Code of the Republic Uzbekistan. Third edition. Kluwer Law International. Hague, London, Boston: Simmonds & Hill, 1999.
- Nichol, James. Uzbekistan: Basic Facts, CRS Report for Congress, May 28, 1996.
- Saidov, Akmal. Comparative Law. Transl. from the Russian and ed. by W.E. Butler. London: Wildy, Simmonds & Hill, 2003.
- Saidov, Akmal. The Legal System of Uzbekistan: History, Traditions, and Renewal. Tashkent, 1998.
- René David, John E. C. Brierley. Major Legal Systems in the World Today: An Introduction to the Comparative Study of Law. Stevens, 1985.
[1] Report of the Uzbek State Statistics Committee, accessed in June 2019.
[2] The Government Portal of the Republic of Uzbekistan, Territory, accessed in December 2019.
[3] A Bit of Zen in Tashkent: The Structure of the Only Functioning Buddhist Temple in Central Asia, by Darina Solod, accessed in December 2019.
[4] Robert Lindsay. Mutual Intelligibility Among the Turkic Languages, accessed in June 2019.
[5] For more on the Soviet and post-independence periods of Uzbekistan, see Starr, Fred. Change and Continuity in Uzbekistan, 1991-2016, accessed on July 4, 2019.
[6] https://lex.uz/docs/5841077.
[7] https://shorturl.at/akpJY, accessed on March13, 2024.
[8] See The Economist Intelligent Unit, Uzbekistan Country Profile at https://country.eiu.com/uzbekistan.
[9] https://uza.uz/uz/posts/ishlarni-taftish-tartibida-korish-sud-huquq-islohotlari-samarasidir_547377, accessed on March 19, 2024.
[10] Art. 29, Law on Regulatory Legal Acts.
[11] See International Journal of Philosophy and Life, https://journals.uz/en/journals/philosophical-sciences/.
[12] See for the content of issues of Civil Society publication at http://fj.uz/.