It is publicly known, that guarantees of ensuring the rights, freedoms and legitimate interests of a person, including his right for the protection, is one of the priorities of criminal procedure legislation. Since in most cases of judicial investigative practice the level of legal knowledge of a person is insufficient, a person may not be able to protect their rights and legitimate interests, as a result of which these rights may be violated. The most correct solution to this kind of issue is to ensure the rights of a person to the protection.

The demand for professional legal assistance is increasing day by day. Ensuring the fundamental rights and freedoms of citizens enshrined in the Constitution, is impossible without defining the legal mechanism at the legislative level. Based on the relevance of this issue, in the updated Constitution of the Republic of Uzbekistan, the right to the protection was raised to the highest level, that is the constitutional norm. Particularly, the new version of Article 29 of the Constitution further stipulates that “...everyone shall be guaranteed the right to receive qualified legal assistance. In cases stipulated by law, legal assistance shall be provided at the expense of the state.

Each person shall have the right to legal counsel of his or her choice at any stage of the criminal proceedings, and where the person concerned is detained, as soon as his or her right to freedom of movement is restricted.”

As a result of the implementation of this norm, unconditional guarantees were provided for all segments of the population to receive qualified legal assistance. In turn, legal assistance to socially vulnerable groups of the population is provided at the expense of the government.

In accordance with Article 50 of the Criminal Procedure Code of the Republic of Uzbekistan, and Article 11 of the Law of the Republic of Uzbekistan “On Advocacy” of the Republic of Uzbekistan and Resolution of the Cabinet of Ministers of the Republic of Uzbekistan dated 20 June 2008 No. 137 “On measures to improve the mechanism of payment for legal assistance provided by lawyers at the expense of the government” a suspect, accused or defendant has the right to seek legal assistance, provided by lawyers. When a person is exempted from paying for legal aid due to his insolvency, legal assistance from a lawyer participating in a criminal case by appointment is provided at the expense of the Government - in accordance with the procedure established by the Cabinet of Ministers of the Republic of Uzbekistan.

In addition, nowadays the constitutional norm also establishes that a person uses the services of a defender from the moment of his detention (from the moment when his right of freedom of movement is actually limited). Indeed in most cases, when a person is detained, there are cases of receiving testimony from a person without explaining his rights and then using this testimony against himself. Granting a person the right to protection from the moment of detention serves for the prevention of negative situations.

In conclusion, it can be said that the further expansion of the individual’s rights to protection and their establishment as a constitutional norm serves not only to actually ensure the individual’s rights to protection in judicial and investigative practice, but also to ensure equal procedural opportunities for them in criminal proceedings.

Professor of the Criminal Procedure Law Department at Tashkent State University of Law, PhD in law B.B.Khidoyatov

Associate Professor of the Criminal Procedure Law Department at  Tashkent State University of Law, PhD in law

B.К.Khudaybergenov

Uzbekistan has set the goal of replacing the principle of "state-society-human" with the new principle of "human-society-state" and enshrining it in constitutional legislation and constitutional practice, and above all putting the interests of the individual above all else.

On December 7, 2021, President Sh. Mirziyoyev in his speech dedicated to the 29th anniversary of the adoption of the Constitution of the Republic of Uzbekistan said: "Today Uzbekistan is boldly advancing on the path of building a social state and a just society. Therefore, it is time to enshrine as a constitutional norm the principle "New Uzbekistan is a social state".

It should be noted that a social state is a model of a state that aims to provide quality education, qualified medical care, comprehensive support for families, children, women, the elderly, the disabled, housing for the needy, employment, safe working conditions and poverty reduction.

It is important to note that over the past five or six years, the country has realized the basic requirements of a social state, including:

First, the 2017-2021 Action Strategy and the 2022-2026 Development Strategy prioritize social development, fair social policies, and human capital development.

Secondly, the Ministry of Poverty and Employment has been established, Monocenters have been launched, Iron Notebook, Women's Notebook and Youth Notebook have been established, payment of 100 percent pension to working pensioners has been launched, and 2022 has been declared as the "Year of Glorification of Human Dignity and Active Mahalla". A social protection strategy was approved and the problem of poverty in the country was recognized. In each locality (mahalla) the position of assistant governor was introduced, responsible for poverty reduction, development of entrepreneurship, creation of jobs, increase of population's income. Most importantly, a new system of care for the population was established.

Thirdly, special attention was paid to education and medicine corresponding to the social state. Under the motto "Investing in Education - Investing in a Great Future", unprecedented reforms have been carried out to progressively improve the system of continuous education, quality education and training of qualified personnel. As a result, the coverage of preschool education increased from 27.7 per cent to 67 per cent, the proportion of qualified teachers with higher education in schools increased from 81.8 per cent to 87.8 per cent, compulsory 11-year school education was restored, the workload of school teachers was optimized and forced labour was abolished, and the coverage of young people in higher education increased from 9 per cent to 38 per cent.

The funds allocated from the budget for health care were increased from 7.3 trillion soums to 24.7 trillion soums, the average monthly salary of doctors from 1131.2 thousand soums to 3282.7 thousand soums, the salary of nurses from 692.1 thousand soums to 2008.6 thousand soums, the funds allocated from the budget for health care from 7.3 trillion soums to 24.7 trillion soums, the average monthly salary of doctors from 1131.2 thousand soums to 3282.7 thousand soums, the salary of nurses from 692.1 thousand soums to 2008.6 thousand soums, and the average monthly salary of doctors from 1131.2 thousand soums to 3282.7 thousand soums. The number of universities in the field of medicine increased from 7 to 9, and the number of private medical organizations increased from 4,000 to 7,049. In short, the basis for building a social state in Uzbekistan has been created.

The updated Constitution declares Uzbekistan a social State. The number of norms relating to the State's social obligations has almost tripled.

The principle "The new Uzbekistan is a social State" is enshrined as a constitutional norm; the draft Constitution includes such additions as preventing child labor, ensuring reliable protection of the rights of persons with disabilities and members of the elderly generation, providing housing for socially needy categories of citizens, determining the minimum wage, and the right to receive a guaranteed amount of medical care at State expense.

As a result, the socio-economic rights and freedoms of man and citizen guaranteed by constitutional norms are, in turn, supported by a corresponding obligation of the state.

This, in turn, provides strong constitutional protection for the results achieved in recent years within the framework of the Action Strategy and the realization of the objectives defined within the Development Strategy. They are enshrined in the Constitution so that our future generations can enjoy their rights and freedoms in peace.



Jamshid Sharipov,

Expert of the Development Strategy Center

In Uzbekistan more than 300 regulatory documents aimed at protecting property rights from illegal encroachments and ensuring the rights of owners have been adopted. At the same time, a number of organizational measures were implemented to improve the foundations of ensuring the privacy of private property.

First of all, the continuation of institutional and structural reforms aimed at protecting the right of private property and further strengthening its priority position was defined as one of the priority directions for the development and liberalization of the country's economy in the Strategy of actions for the five priority directions of the development of the Republic of Uzbekistan in 2017-2021;

Secondly, the legal basis for bringing the state policy to a new level in the field of private ownership and entrepreneurship development, practical support for business entities, as well as increasing the efficiency of the use of state property on the basis of privatized state property was created in our country;

Thirdly, guarantees of protection of private property and rights of owners have been strengthened, a system of organizing work to support business initiatives has been created, as well as opportunities for business entities have been expanded;

Fourthly, on the basis of the Decree of the President of the Uzbekistan dated on January 10, 2019 "On measures to fundamentally improve urbanization processes", legal entities and individuals will acquire land plots that belong to them on the basis of the rights of permanent use (ownership), lease or lifetime ownership in accordance with the law opportunities for privatization have been created;

Fifthly, on the basis of the decision of the President of the Republic of Uzbekistan dated on March 18, 2022 "On additional measures to further reduce state participation in the economy and accelerate privatization", additional conditions were created for the privatization of state-owned properties, hence, the reduction of state participation in the economy and the development of the private sector is being enabled;

Sixthly, in order to reliably protect the inviolability of property rights and achieve the goal of limiting illegal interference of state bodies in property relations defined in the Development Strategy of New Uzbekistan for 2022-2026, the measures are being taken to strengthen the guarantees of privacy and protection of private property, unconditionally ensure the rights to property, including land, establish the priority of private property as the main principle, introduce a system of protection of the rights of the person who buys property relying on the official information of the state office;

Seventhly, the right to own, use and dispose of private property or the procedures, requirements and restrictions that prevent the full implementation of market economy principles in property relations is thoroughly cancelled on the basis of the decree of the President of the Republic of Uzbekistan dated on August 24, 2022 "On measures to reliably protect the inviolability of property rights, prevent unjustified interference in property relations, and increase the level of capitalization of private property".

Information technologies are being introduced to ensure the transparency of the system as part of the reforms in this area. In particular, from January 1, 2023, the state register of rights to real estate objects and the single "UZKAD" integrated information system aimed at the registration of cadastre and real estate, where information about real estate objects is kept, the authenticity and reliability of the data are guaranteed by the state, have been launched. All other state information systems where data on real estate objects are kept are integrated into the system, real-time online exchange of information, formalization of transactions related to real estate and state registration have been introduced.

It is known from international experience that the Article 17 of the Universal Declaration of Human Rights states that "Everyone has the right to own property individually and jointly with others. No one can be deprived of his property by violence". France's 1789 "Declaration of the Rights and Liberties of Man and the Citizen" is considered the first document of constitutional importance to define the guarantees of private property, and it states that private property is a natural and inalienable, sacred and inviolable right of man. The property and inheritance rights are guaranteed, their content and limits are regulated by law in the German Constitution, the private property is inviolable, no one can be forced to give up their property, except in cases where it is required for the public good in Denmark, everyone has the right to own private property and such property cannot be unjustly seized by any party in Indonesia, and it is prohibited to abrogate the common right to private property in Georgia.

The system "person - society - state" was strengthened with constitutional foundations that provide for completely new mechanisms for the protection of human rights and freedoms as a result of the constitutional reforms initiated by the head of our state, in the new version of the Constitution of the Republic of Uzbekistan, adopted on April 30, 2023. In particular, the inviolability of private property, the fact that the owner cannot be deprived of his property except in the cases and procedures stipulated by the law and not based on the decision of the court, is guaranteed at the level of the constitutional norm. It is determined that the owner who was deprived of his home will be compensated for the value of the home and the damages he suffered in advance and in an equal amount. In addition, it is established at the constitutional level that land is private property pursuit to the second part of Article 68 of our Constitution.

It is worth noting that preventive measures are of great importance in ensuring and protecting the integrity of private property and preventing violations of the rights and interests of owners protected by law.

In this regard, it is expedient to regularly increase the legal knowledge of the population regarding property relations, to increase the legal culture of representatives of local state authorities on the provision of property rights, to form an uncompromising attitude of law enforcement agencies to the situation of property rights violations, to strengthen preventive measures in this regard, to protect the property of individuals and legal entities and it is important to strengthen their confidence in judicial protection from encroachments on their property, other rights and freedoms. After all, only the joint efforts of all state bodies to ensure constitutional legitimacy guarantee the implementation of the universal principles that human, his life, freedom, honor, dignity and other inviolable rights are the highest value in the country.

President Shavkat Mirziyoev emphasized that "we will continue our reforms that meet international standards in order to ensure guarantees of property rights of individuals and legal entities". Ensuring the inviolability of private property, protecting it from various obstacles, creating all the necessary conditions for maintaining and increasing private property, supporting owners, and further strengthening the guarantees of protecting the rights of independent ownership, use and disposal of their own property - this is remains an important criterion for the development of a legal democratic state and civil society. In this regard, the conceptual norms defined in our updated Constitution serve as a legal foundation for the gradual improvement of all spheres of social, economic, and political life.

Rustam Khatamov,

Head of the Academy of MIA of the Republic of Uzbekistan,

The text of the article is in Uzbek

Constitutions have a stabilizing function and are designed to maintain the efficiency and effectiveness not only of legal, political and economic systems, but also of social foundations and basic national and cultural values. The analysis of constitutional and legal reforms carried out in different countries of the world clearly demonstrates that it is those reforms that are aimed at overcoming the gap between the postulates proclaimed in the Basic Laws and the natural evolution of political, economic and social life of society that are effective.

The general trend in the direction is the adaptation of legal systems to changing circumstances both inside and outside the country. Ignoring internal and external factors, stagnation in socio-political life is fraught with negative factors, increased social tension, lower economic growth rates and, accordingly, the standard of living of the population.

Today it is obvious that many regions of the world have formed their own civilization projects. In 2015-2023 alone, significant changes were made to more than 60 constitutions of the world (out of almost 200). President Shavkat Mirziyoyev, who was the main ideological inspirer of the new constitutional reform in Uzbekistan, spoke about this, in particular, at a meeting with members of the Constitutional Commission on June 20, 2022.

The current complex situation in the world requires serious reflection on the future of nations, which means an even more responsible attitude to the fate of the Motherland, making urgent strategic decisions, responding to the intensification of global processes of transformation and competition. As has been noted, the political-legal, socio-economic, spiritual and cultural makeup of Uzbek society and the outlook of compatriots have changed dramatically in a short period of time.

On the basis of more than 220 thousand proposals of citizens, labor collectives, scientific community, representatives of civil society institutions, the draft Constitutional Law "On the Constitution of the Republic of Uzbekistan", amending a number of fundamental provisions of the Basic Law of 1992, has been developed and submitted for public discussion.

The following have been identified as priority areas for updating the Constitution of Uzbekistan:

First. Within the framework of constitutional reform it is planned to translate into reality the will of the multi-ethnic people of Uzbekistan, in which the highest value is the human being, his rights and freedoms. As well as defining the ideology of state and social development and constitutional values reflecting the originality of the constitutional and legal creativity of the people of Uzbekistan.

These aspects are reflected in the Preamble to the Constitution, which defines the priorities of Uzbekistan's development at the new stage of improving the nation's statehood, including:

Commitment to human rights and freedoms, national and universal values, and the principles of State sovereignty;
affirmation of fidelity to the ideals of democracy, freedom and equality, social justice and solidarity;
Aiming to build a humane democratic state, an open and just society in which the highest value is the human being, his life, freedom, honor and dignity;
Striving to strengthen and develop Uzbekistan's friendly relations with the international community, particularly with neighbouring States, on the basis of cooperation, mutual support, peace and harmony;
ensuring a decent life for citizens, inter-ethnic and inter-confessional harmony, and the well-being and prosperity of our multi-ethnic native Uzbekistan, and others.
Second. Definition of new principles that strengthen the state-legal status of our independent country.

It is established that Uzbekistan is a sovereign, democratic, legal, social and secular state with a republican form of government. This is, in essence, the main goal of the constitutional reforms, and all subsequent amendments and additions to the text of the draft are aimed at ensuring the practical realization of these most important features.

Third. The constitutional reform is called to fundamentally change the paradigm of thinking and principles of activity in the system of state and public administration, to put the postulate "man - society - state" instead of the principle of "state - society - man" as the basis of relations in the new Uzbekistan.

The Constitution has developed all the attributes of a State governed by the rule of law, where the authorities must be limited in their actions by law, subordinate to the will of the sovereign people and called upon to ensure the rights and freedoms of the individual.
New provisions related to human rights in the conditions of the development of modern information society are also relevant: the right to access to and free use of the Internet; the right of everyone to get acquainted with the data collected about him/her by state bodies, citizens' self-government bodies and any organizations; the right to demand the correction of inaccurate data, as well as the destruction of data collected illegally or no longer having legal grounds. Such provisions are still contained in few of the most modern constitutions.

The section on social, economic and cultural rights correlates well with the second direction of updating the Constitution of Uzbekistan noted by the President - the enshrinement of the principles of the social state.

The concept of the social state in the general form, which most researchers now agree with, usually includes the principles of social justice, equality and social guarantees.

Many of the provisions of the "social constitution" are also contained in Chapter XII "Economic Foundations of Society". It guarantees freedom of economic activity and entrepreneurship, inviolability of private property, provision by the state of a favorable business and investment climate, free movement of goods, services, labor and financial resources, and prohibits unfair competition and monopolization of economic activity. It is especially important that the results of denationalization and privatization are not subject to revision and cancellation.

Fourth. Development of a free and fair civil society. The general principle proclaimed for the development of civil society in Uzbekistan is very important. Its goal is to ensure peace, inter-ethnic and inter-confessional harmony and tolerance.

Under the amended Constitution, civil society institutions, including mahallas, political parties, movements, the media, trade unions, public foundations and other voluntary associations, form the basis of civil society. Their aims and objectives are to protect the rights, freedoms and legitimate interests of citizens, to promote the achievement of social and cultural goals, and to meet the spiritual and other non-material needs of society.

Accordingly, the entire system of state power with its checks and balances is being fine-tuned so that it serves the principle of people's power to a greater extent.

In particular, the powers of Parliament - the Oliy Majlis - to form the Government and parliamentary control over its activities are being expanded. Some of the President's powers to appoint and dismiss officials are also being transferred to Parliament. At the same time, some of the Government's powers in the area of current administration are being expanded, but this expansion also means that its responsibility is being strengthened.

Public control over the activities of state bodies is envisaged. Local self-government is being reformed, including in terms of dividing and expanding the powers of its bodies in order to increase the efficiency of their activities.

The introduction of a substantive definition of "citizens' self-government" is also important: it means not only the right, but also the actual ability of citizens to decide independently and within the framework of the law on issues of local importance, based on their interests, historical development, national and spiritual values, local customs and traditions.

The institution of legislative initiative is being reformed. In particular, a new institution is being created: citizens of at least 100,000 people will now have the opportunity to submit their legislative proposals to the Legislative Chamber of the Oliy Majlis. In this way, the people become not only the source of all power in the country, but also acquire the status of a direct subject of lawmaking.

The judicial system is being strengthened and improved, since a State governed by the rule of law cannot be built without an effectively functioning system of fair and independent courts and law enforcement agencies. Changes are being made in the activities of the Constitutional Court, which now has the right to consider complaints from citizens and legal entities to verify the constitutionality of the law applied to them by the court in a particular case.

Fifth. The constitutional mechanisms for ensuring the supremacy of the Constitution and the law as the most important guarantee of the democratic renewal of the country and the reliable protection of human rights and freedoms have been significantly strengthened.

***

All these large-scale transformations are only at the beginning of their journey. However, their enshrinement in the Constitution will mean the advent of the second, even more important, stage of reforms: their implementation, including through legislative activity.

The principles of Uzbekistan's foreign policy, enshrined in the Preamble of the Constitution, will also become an important condition for the success of all undertakings: the aspiration to strengthen and multiply harmonious and friendly relations of Uzbekistan with the world community, primarily with neighboring countries, on the basis of mutual support, cooperation and respect, peace and harmony.

Bakhodir Ismailov.

Head of the sector of legislation in the sphere of

international relations of the Institute of Legislation

Institute of Legislation and Legal Policy under the President of the Republic of Uzbekistan, Doctor of Law, Professor.

Analyzing the role of constitutions in ensuring the further development of society and the state, we come to the conclusion that this document has a special socio-cultural significance, since it is nothing but the cultural and historical matrix of a particular society cast in a legal form.

According to many experts in the field of political science, the origins of the idea of constitutional norms can be found in various societies of the Ancient World - China, Babylon, Egypt, Greece, Rome, etc.

For example, in China there was a division of laws into imperial and current laws.

The Greeks used the term "nomos" for constitutional prescriptions - a special law with supreme legal force. In general, Aristotle (384-322 B.C.) can be called the first great theorist and analyst of constitutionalism. He studied the various representations of social and political orders in the Greek polities of his time and tried to determine the relatively best constitution.

The Romans actively introduced the term "constitutio" into legal practice. The use of this linguistic sign is explained by the need to hierarchize social regulators. They had a specific form of expression - "imperial constitutions". Polybius (c. 200 - c. 120 BC) in his "General History" developed a "mixed model of constitution" for Rome, including the idea of "checks and balances".

"Statute" of Amir Temur by its functional characteristics, to a certain extent, also meets the requirements of a constitutional legal document, which reflects the principles, organizational forms and system of methods of governance. It details the mechanism of governance, ethical norms of behavior of officials, down to a simple warrior.

As history shows, constitutions change, just as regimes in power change, visions of their country's place in the world change, and states change. Even if a constitution is significantly altered, or suspended, abolished, rewritten, it still bears the imprint of the society whose political existence it affirmed.

The modern concept of the constitution asserts that this state document is not only the embodiment of a social contract that enshrines the existing, real balance of political forces and the achieved consensus of the elites. It is also a special political and legal mechanism, a kind of instrument for managing various changes and development in society.

Summarizing what has been said about the essence of the modern constitution, in my opinion, it is appropriate to cite the opinion of Thomas Paine, a famous American public figure, nicknamed the "Godfather of the United States": "...the constitution must exist in reality, not virtually. It is material. It is therefore a document; the constitution precedes the government. It confers competence on the government. Therefore, it can be created not by the government but by the people; a constitution must create the rights and duties of the government. And it must be comprehensive; a constitution has the status of a fundamental law. Being a law-making document, the constitution is the highest form of law. And since the entire corpus of constitutional law is not created by the supreme organs of government but by the people for the purpose of forming those organs, the executive and legislative branches of government cannot change constitutional law."
Being the supreme instrument of socio-political development of states, constitutions proclaim their goals, mainly in their preambles.

Thus, the preamble of the U.S. Constitution of 1787 explicitly states: "We the People give the Constitution to carry out our union for the realization of justice, to secure domestic tranquility and safety, to promote the general welfare for the happiness of liberty to ourselves and our posterity..."

The preamble of the German Basic Law of 1949 emphasizes the desire to ensure national and state unity and, as an equal member of a united Europe, to serve the cause of world peace. The principle of protecting human dignity and recognizing the inviolability and inalienability of human rights as the foundation of any democratic society are proclaimed.

The Constitution of the People's Republic of China opens with the words: "China is one of the States with the oldest history..." The preamble to the Constitution notes that the People's Republic of China is a unified multinational State created by the joint efforts of the peoples of the country's various nationalities. Both Great Han chauvinism and local nationalism are rejected.

The preamble to the Constitution of Uzbekistan is imbued with a sense of pride in its history and the cultural and spiritual heritage of its great ancestors, responsibility to future generations, and the interests of the people of Uzbekistan for equality and unity in inter-ethnic and inter-confessional harmony. More than three thousand years of historical experience in the development of our statehood, which is noted in the Constitution, is not accidental - the history of the joint past should be the guarantee of a prosperous and stable future of the united people of Uzbekistan.

In modern constitutions, in addition to political aspects, the principles according to which the State functions play an extremely important role: human rights, democracy, the rule of law and the social State, the separation of powers, the rule of law and the rule of law.

social State, the separation of powers and the limitation of political power.

The new version of the Constitution of Uzbekistan is 65% amended through serious discussions, additions and expert comments.

As a solid and reliable guarantee of our country's long-term development, Uzbekistan is declared a "sovereign, democratic, legal and social state". The state commits itself to strong social protection and care for the needy, guarantees of human rights and freedoms, youth and constitutional rights are strengthened. Additional guarantees of entrepreneurial activity, development of market relations, creation of conditions for fair competition, favorable investment and business climate, limitation of monopolies are created. Broad opportunities and reliable protection for the media and civil society institutions are being established, and State administration is being reformed in terms of its efficiency and compactness.

The updated Constitution of Uzbekistan defines nine major innovations concerning educational policy. These are the right of everyone to education, ensuring the development of a system of continuous education,

including State control over the development of preschool education and upbringing, free general secondary and primary vocational education, and guarantees of higher education at State expense on the basis of selection in State organizations.

It is separately noted that inclusive education is provided for children with special educational needs.

The norms on granting higher education institutions academic freedom, self-governance, freedom of research and teaching, support for non-state educational organizations create an opportunity for the young generation to improve their lives, realize their dreams, find their place in life and develop their personality by mastering modern specialties. And the state's concern for the protection of honor and dignity of teachers, their social and material well-being, and professional growth, qualitatively motivate the work of teachers and scientists.

The Constitution occupies the highest level in the mechanism of legal regulation of the life of the state, its main task is to institutionalize the political order, determining at the same time

rules of political decision-making. And life itself, the ability to professionally solve problems, achieve effective success, will confirm how correct are the provisions and principles enshrined in the updated Constitution of our country, which meet the dreams and aspirations of the people, the interests of today's and future generations.



Alisher Sabirov

Head of the Department of the International Institute of Central Asia, Candidate of Historical Sciences.