The «Uzbek model» of reforms and constitutional guarantees of human rights

The Republic of Uzbekistan recognizes and implements all major international documents on human rights and freedoms. The state policy of the Republic of Uzbekistan in the field of human rights is aimed at ensuring human rights and freedoms. The new edition of the Constitution of the Republic of Uzbekistan, adopted on April 30, 2023 at a national referendum, expands human rights and freedoms and guarantees for their implementation.

It is known that constitutional guarantees are a set of social, economic, political, legal techniques, institutions, means, methods, mechanisms and procedures that ensure implementation, protection and protection, allowing to implement and ensure in practice the rights and freedoms of man and citizen enshrined in the Constitution.

It should be noted that, within the framework of the Action Strategy for five priority areas of development of the Republic of Uzbekistan in 2017-2021, specific targeted measures have been taken to ensure personal, political, economic, social and cultural rights. In the Development Strategy of New Uzbekistan for 2022-2026. the further provision of human rights is clearly defined.

One of the guarantees of human rights is the enshrinement of the principle of equality in the Constitution of the Republic of Uzbekistan, i.e. all citizens of the Republic of Uzbekistan have the same rights and freedoms and are equal before the law without distinction of gender, race, nationality, language, religion, social origin, beliefs, personal and social status. Positive discrimination is permitted to ensure gender equality and social justice.

In Uzbekistan, significant attention is paid to socially vulnerable categories of the population: women, children with disabilities, etc. The active participation of women in social and political life is carried out on the basis of the implementation of the provisions of the Law on Elections to the Oliy Majlis , obliging the nomination of at least 30% women from political parties. As a result of this policy, the number of women in the chambers of parliament and in senior leadership positions in executive bodies has increased.

In Uzbekistan, greater importance is attached to the protection of the privacy of citizens, the inviolability of their home, the secrecy of correspondence, telegraph messages and telephone conversations, which are protected by law. A search, seizure, inspection of a home or other premises and territory occupied by a person, seizure of postal and telegraph correspondence and its seizure in communication institutions, listening to conversations conducted from telephones and other intercom devices can be carried out only in cases and in the manner established in the criminal procedure code.

Uzbekistan is taking effective measures to combat human trafficking and provide assistance in the rehabilitation of its victims. The Rehabilitation Center provides medical, psychological, legal and social assistance to victims of human trafficking. Victims of human trafficking are provided with assistance in finding employment, provided with conditions for temporary housing, etc.

The main institutional guarantee in a democratic state is the court, independent of any other government body, not to mention the party body. Here, first of all, we should mention the right of a person to have his case examined by a competent (from the point of view of subject and territorial jurisdiction) and impartial court, in necessary cases - by a jury, the right to appeal court decisions, to apply for the protection of constitutional rights to higher courts, up to constitutional and international justice, the right to defense and assistance of a lawyer.

In order to ensure the independence of the court , in Uzbekistan the judicial system is completely removed from the control and influence of executive authorities, and the supervisory functions of the prosecutor's office over judicial activities have been abolished. Also, the institution of “ habeas corpus” was introduced into national legislation , i.e. The prosecutors have transferred to the courts the right to issue a sanction for detention, as well as to apply procedural coercive measures such as removal from office and placement of a person in a medical institution.

As a result of the liberalization and humanization of the judicial and legal system and the strengthening of human rights guarantees in the field, the “Miranda Rights” were introduced. According to these rules, a detainee, a suspect and an accused, regardless of the severity of the crime he has committed, have the rights, in particular, to a telephone call to a lawyer or a close relative from the moment of detention, as well as a refusal to testify with notification that the testimony may be used against them as evidence.

In Uzbekistan, there is comprehensive support for civil society institutions from the state. A clear indication of the increased socio-political activity of civil society institutions and the high level of their consolidation is the holding of National Forums of NGOs of Uzbekistan, during which topical issues of the socio-economic and socio-political development of the country are discussed . The interaction of government bodies and NGOs plays an important role in ensuring human rights.

The Republic of Uzbekistan, being a full-fledged subject of international law, consistently implements its obligations in the field of human rights and freedoms on the basis of interaction and cooperation with the Office of the UN High Commissioner for Human Rights and other UN structures. Cooperation with these bodies is carried out in the preparation of national reports on human rights and the implementation of their recommendations.

In conclusion, we can say that the Republic of Uzbekistan is taking the necessary measures in the field of ensuring human rights and freedoms. In this regard, the consistently implemented “Uzbek model” of social development is important, which is based on the principles of gradual and evolutionary implementation of political, economic and legal reforms, taking into account their social orientation and ensuring the rule of law when the state performs its reform function.

Azizjon Yuldoshev,

Professor of the Department of Constitutional Law,

Tashkent State University of Law