Features - A Guide to Uzbekistan Legal Research

Maria S. Stalbovskaya is a senior librarian at the Open Library for Legal Information, Tashkent, Uzbekistan. She holds a Master’s degree in Historical and Philological Science (Tomsk State University, Tomsk, Russia). She is involved in the Open Society Institute Project “Organizational and Methodical Support for Regional Public Law Centers” as the director of the project, lecturer, and author of educational supplies and bulletins for the Law Centers. She lectured for the 2000 OSI Training for Regional Public Law Centers. She is the director of the “Creating the web-site of the Open Library for Legal Information” IATP Project. She coordinated the 1998-2000 USIS Project, “The Development of Electronic Legal Resources of the Open Library for Legal Information”.


Table of Contents

Introduction
The History of Uzbekistan Legal System
The Principal Sources of Uzbekistan Law
Oliy Majlis of the Republic of Uzbekistan
The President of the Republic of Uzbekistan
Cabinet of Ministers
Judicial Authority in the Republic of Uzbekistan
Lawyers
Main Constitutional Laws
Market Laws
A System of Social Legislation
Parliamentary Information
Governmental Information
Legal Web Sites and Pages
Issuing
Law Education

Introduction

The contemporary law of the Republic Uzbekistan can be situated in the Romano-Germanic legal family. It is codified and the Constitution of the Republic Uzbekistan is the most important element of the system of the sources of law. The system of State power of the Republic Uzbekistan is based on the principle of separation of powers into legislative, executive, and judicial:

  • Legislative: Oliy Majlis of the Republic of Uzbekistan, Jokargy Kenes of the Republic of Karakalpakstan and local representative bodies.

  • Executive: The President of the Republic of Uzbekistan, The Cabinet of Ministers of the Republic of Uzbekistan, The Minister Kenesi of the Republic of Karakalpakstan, khokimiyats of regions and cities.

  • Judicial: the Constitutional Court of the Republic Uzbekistan, the Supreme Court of the Republic of Uzbekistan, the Supreme Economic Court of the Republic of Uzbekistan, the Economic Court of the Republic of Karakalpakstan, regional, Tashkent City, district, city, and economic courts, Supreme Military Court of the Republic Uzbekistan, etc.

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The History of the Uzbekistan Legal System

The most outstanding feature of Uzbekistan legal history is the plurality of its legal traditions based on:

  • The Ancient Turan legal civilization Period (from the beginning of the 1-st millennium B.C. up to the 7-th century A.D.)

  • The Islamic Law Period (VIII century - second half of XIX-th century). This time onwards this territory has been part of the most ancient civilizations and empires: Khoresm, Bactria, Sogd, Parthyja, Samanides, Timurides, Bukharan and Khiva kaganates and so on.

  • The Colonial and Soviet Period of the Development of the Uzbek Law (second half of XIX-th century until 1991). Uzbekistan became part of the Russian Empire from the 1860s. The Soviet power was established from 1917, and the Uzbek SSR was formed in October 1927.

  • The Contemporary Period. In March 1990 Uzbekistan introduced the office of the President and adopted a Law of State independence in  August 1991.

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The Principal Sources of Uzbekistan Law

The hierarchy of the principal sources of Uzbekistan law includes:

  • the Constitution of the Republic of Uzbekistan as the most important element of it

  • constitutional laws

  • ordinary laws

  • decrees of the President

  • decrees of the Cabinet of Ministers

  • normative acts

They are published in the official issues of the following legal publications:

  • " Uzbekiston Respublikasi qonun khujjatlari tuplami" / " Sobranie zakonodatelstva Respubliki Uzbekistan"

  • "Uzbekiston Respublikasi vazirliklari, davlat kumitalari va idoralarining mejorij khujjatlari "/ Bulleten' normativnih aktov ministerstv, gosudarstvennih komitetov i vedomstv Respubliki Uzbekistan"

They are also published in the following newspapers:

  • "Halk suzi"

  • "Narodnoje slovo"

  • "Pravda Vostoka"

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Oliy Majlis of the Republic of Uzbekistan

The highest representative body of the state is the Oliy Majlis. The Supreme Assembly of the Republic of Uzbekistan. This body Exercises legislative powers.

The Oliy Majlis of the Republic of Uzbekistan shall Consist of deputies, elected  by territorial constituencies on  a multi-Party basis for a term of five years.

Oliy Majlis adopt and amend the Constitution and laws of Republic of Uzbekistan, legislatively regulate customs, currency and credit systems, problems of the administrative - territorial structure, and alteration of frontiers of the Republic of Uzbekistan and approve of the state's budget.

Oliy Majlis nominates elections to Oliy Majlis of Republic of Uzbekistan and local representative bodies, elect of the Constitutional Court, Supreme Court, Higher Arbitration Court of the Republic of Uzbekistan, ratifies of the decrees of the President on the appointment and removal of the higher officials of country, ratifies a modification of organs of state management, ratifies the international treaties and agreements and realizes other activity.

The right to initiate legislation in the Oliy Majlis of the Republic of Uzbekistan is vested in the President of the Republic of Uzbekistan, the Republic of Karakalpakstan through the highest body of state authority, the deputies of the Oliy Majlis of the Republic of Uzbekistan, the Cabinet of Ministers of the Republic of Uzbekistan, the Constitutional Court, the Supreme Court, the Higher Arbitration Court and the Procurator General of the Republic of Uzbekistan.

The Oliy Majlis of the Republic of Uzbekistan shall pass laws, decisions and other acts. Any law shall be adopted when it is passed by a majority of the total voting power of the deputies of the Oliy Majlis.

Promulgation of  the laws and other normative acts shall be a compulsory condition for their enforcement.

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The President of the Republic of Uzbekistan

The President of the Republic of Uzbekistan is the head of state and the executive authority in the Republic of Uzbekistan.

The President of the Republic of Uzbekistan simultaneously serves as Chairman of the Cabinet of Ministers.

The President of the Republic of Uzbekistan shall be elected for a term of five years.

The President of the Republic of Uzbekistan shall:

  • Form the administration and lead it, ensure interaction between the highest bodies of state authority and administration, set up and dissolve ministries, state committees and other bodies of administration of the Republic of Uzbekistan;
  • Appoint and dismiss the Prime Minister, his First Deputy, the Deputy Prime Ministers, the members of the Cabinet of Ministers of the Republic of Uzbekistan, the Procurator General of the Republic of Uzbekistan and his Deputies;
  • Present to the Oliy Majlis of the Republic of Uzbekistan his nominees for the posts of Chairman and members of the Constitutional Court, the Supreme Court, and the Higher Economic Court, as well as the Chairman of the Board of the Central Bank of the Republic of Uzbekistan, and the Chairman of the State Committee for the Protection of Nature of the Republic of Uzbekistan;
  • Appoint and dismiss judges of regional, district, city and arbitration courts;
  • Sign the laws of the Republic of Uzbekistan;
  • Serve as the Supreme Commander of the Armed Forces of the Republic and is empowered to appoint and dismiss the high command of the Armed Forces and also to confer top military ranks;
  • Establish the national security and state control services, appoint and dismiss their heads, and exercise other powers vested in him.

The President of the Republic of Uzbekistan issues decrees, enactments and ordinances binding on the entire territory of the Republic on the basis of and for enforcement of the Constitution and the laws of the Republic of Uzbekistan.

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Cabinet of Ministers

The Cabinet of Ministers is appointed by the President of the Republic of Uzbekistan and approved by the Oliy Majlis. The head of the government of the Republic of Karakalpakstan is an ex officio member of the Cabinet of Ministers.

The Cabinet of Ministers issues enactments and ordinances in accordance with the current legislation. This is binding on all bodies of administration, enterprises, institutions, organizations, officials and citizens throughout the Republic of Uzbekistan.

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Judicial Authority in the Republic of Uzbekistan

The judicial system in the Republic of Uzbekistan consists of the Constitutional Court of the Republic, the Supreme Court, the Higher Economic Court of the Republic of Uzbekistan, along with the Supreme Court, and the Economic Court of the Republic of Karakalpakstan. These courts' judges have been elected for a term of five years. The judicial branch also includes regional, district, town, city, Tashkent city courts and arbitration courts appointed for a term of five years.

The Constitutional Court of the Republic of Uzbekistan hears cases relating to the Constitutionality of acts passed by the legislative and executive branches.

The Constitutional Court of the Republic of Uzbekistan judges the constitutionality of the laws of the Republic of Uzbekistan and other acts passed by the Oliy Majlis of the Republic of Uzbekistan, the decrees issued by the President of the Republic of Uzbekistan, the enactments of the government and the ordinances of local authorities, as well as obligations of the Republic of Uzbekistan under inter-state treaties and other documents; Confirm the constitutionality of the Constitution and laws of the Republic of Karakalpakstan to the Constitution and laws of the Republic of Uzbekistan; Interpret the Constitution and the laws of the Republic of Uzbekistan.

The Supreme Court of the Republic of Uzbekistan is the highest judicial body of civil, criminal and administrative law. The rulings of the Supreme Court are final and binding throughout the Republic of Uzbekistan. The Supreme Court of the Republic of Uzbekistan has the right to supervise the administration of justice by the Supreme Court of the Republic of Karakalpakstan, as well as by regional, city, town and district courts.

Any economic and management disputes that may arise between entrepreneurs, enterprises, institutions and organizations based on different forms of ownership, are settled by the Higher Arbitration Court and other arbitration courts within their authority.

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Lawyers

Any defendant has the right to defense. The right to legal assistance is guaranteed at any stage of the investigation and judicial proceedings. Legal assistance to citizens, enterprises, institutions  and organizations is offered by the College of Barristers. The organization and the procedure of the College of Barristers is specified by the law on advocacy.

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Main Constitutional Laws

"On the Foundations of State Independence of the Republic Uzbekistan" (1991) and on the "Olij Majlis of the Republic Uzbekistan (1994), laws on the Cabinet of Ministers of the Republic Uzbekistan (1993), on the courts (1993), on the Constitutional Court (1993), on the Supreme Economic Court (1993), laws on elections to the Olij Majlis (1993), the President (1991), on referendum (1991), on the Procuracy (1992), on State power in the localities (1993), on agencies of self government of citizens (1993), and others.

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Market Laws

The charter of market law - a new Civil Code has been adopted in 1995-96. Amongst the market law are: the laws on ownership (1990), land (1991), destatisation and privatization (1991), pledge (1992), lease (1991), privatization of the State housing fund (1993), enterprises (1991), the dekhans (or farmer) economy (1992), economic societies and partnerships (1992), banks and banking activity (1996), the monetary system (1994), currency regulation (1993), entrepreneurship (1991), insurance (1993), stock exchanges and stock exchange activity (1992), securities and the stock exchange (1993), auditor activity (1991), taxes from enterprises, associations, and organizations (1991), the limitation of monopolistic activity (1994), joint stock societies and the defense of the rights of stockholders (1996), the mechanism for the functioning of the securities market (1996), and others.

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A System of Social Legislation

A system of social legislation is being formed. The Labor Code (1995), laws on employment (1992), protection of labor (1993), social defense of disabled persons (1991), State pension security for citizens (1993), and the Fundamental Principles of State youth policy (1991) which have been adopted defend the interests of the most needy strata of the populace under the complex conditions of a transition to the market.

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Parliamentary Information

Parliamentary Information can be found at http://www.gov.uz/government/oliymajlis/index.htm.

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Governmental Information

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Legal Web Sites and Pages

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Issuing

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Law Education

  • Tashkent State Law Institute
  • National University (Law facility)
  • Tashkent Law College

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