As the most important task of judicial reform being implemented in the Republic of Uzbekistan, important work is being carried out to ensure constitutional human rights and freedoms, strengthening the authority of the judiciary, which is considered an important guarantee of effective protection of human rights and to ensure the true independence of the courts.
Also, further expansion of the population’s access to justice within the framework of the principle “New Uzbekistan - New Court” requires accelerating the reform of the judicial system and introducing advanced international standards into the field. We can also observe confirmation of this in the corresponding positions of our state in the ratings of international organizations. Thus, according to the results of the Rule of Law Index ranking for 2022 (worldjusticeproject.org), Uzbekistan took 78th place out of 140 countries with an indicator of 0.50 points, of which 75th place in terms of civil justice and 65th in terms of criminal justice.
The fact that the update of the Constitution on the basis of generally recognized principles and norms of international law is enshrined in the preface of the updated Constitution of the Republic of Uzbekistan is a clear expression of recognition of the supremacy of generally recognized international law.
Article 15 of the Constitution determines that international treaties of the Republic of Uzbekistan, along with generally recognized principles and norms of international law, are an integral part of the legal system of Uzbekistan. According to part four of this article, if an international treaty of Uzbekistan establishes rules other than those provided for by the law of the Republic of Uzbekistan, then the rules of the international treaty of the Republic of Uzbekistan are applied.
Article 17 of the Constitution especially emphasizes that the Republic of Uzbekistan is a full-fledged subject of international relations; it is established that international law is based on generally accepted principles and norms. The application by courts of generally accepted principles and norms of international law is permitted in cases where existing laws contradict these international principles and norms.
Article 11 of the Constitution states that the system of state power of Uzbekistan, which is considered a full-fledged subject of international relations, is based on the principles of separation of powers into legislative, executive and judicial. It should be especially noted here that in accordance with Article 131 of Chapter XXIII, dedicated to the judiciary, the judicial system and the procedure for the activities of courts in the Republic of Uzbekistan are determined by law; the creation of emergency courts is not allowed.
In accordance with Article 1 of the law “On Courts” in the new edition (2021), the judicial power in Uzbekistan operates independently of the legislative, executive powers, political parties, and other public associations. Judicial power is exercised only by the courts. It was established that no other bodies or persons have the right to assign powers to the judiciary.
Article 2 of this law defines the judicial system, which consists of the Constitutional Court of the Republic of Uzbekistan; Supreme Court of the Republic of Uzbekistan; military courts; Courts of the Republic of Karakalpakstan, regional and Tashkent city courts; Administrative Court of the Republic of Karakalpakstan, administrative courts of regions and the city of Tashkent; interdistrict, district, city courts for civil cases; district and city courts for criminal cases; interdistrict, district, city economic courts; interdistrict administrative courts. It has been established that in the Republic of Uzbekistan specialization of judges by category of cases can be carried out, but the creation of emergency courts is not allowed.
As noted in Article 4 of this law, the main tasks of the court are to protect the rights and freedoms of citizens, state and public interests, rights and legally protected interests of legal entities and individuals guaranteed by the Constitution and other laws, international treaties of Uzbekistan, as well as international acts on human rights entrepreneurs. The activities of the court are aimed at ensuring the rule of law, social justice, civil peace and harmony, that is, it indicates that it is implemented in accordance with international agreements and international human rights instruments.
It is worth noting that in recent years, important documents have been adopted to ensure the compliance of the judicial system of our country with generally recognized international standards. These include such important historical documents as decrees of the President of the Republic of Uzbekistan “On measures to further reform the judicial and legal system, strengthen guarantees of reliable protection of the rights and freedoms of citizens” (2016), “On measures to radically improve the structure and increase efficiency of the judicial system of the Republic of Uzbekistan" (2017), "On measures to further improve the judicial system and increase confidence in the judiciary" (2020), "On measures to radically improve the system of financing the activities of the judiciary" (2021), decrees of the President of the Republic of Uzbekistan dated January 28, 2022 “On the development strategy of the new Uzbekistan for 2022 - 2026”, Decree of the President of the Republic of Uzbekistan dated January 16, 2023 “On additional measures to further expand access to justice and increase efficiency of the courts."
The Decree of the President of Uzbekistan dated January 16, 2023 “On additional measures to further expand access to justice and increase the efficiency of the courts” provides for:
in order to ensure the effective use of resources involved in the implementation of judicial activities, on the basis of advanced foreign experience, transfer the powers to consider certain categories of civil, economic and administrative offenses to the relevant administrative bodies:
determine the procedure for completing cases of certain categories of criminal, civil, economic and administrative offenses in lower courts;
What is relevant is that issues such as reconciliation of parties in civil and economic cases, development of reasonable proposals for the widespread introduction of the institution of mediation are raised.
It is appropriate to recognize here that the main idea and provisions of the “Universal Declaration of Human Rights” have found their full expression in the updated Constitution of the Republic of Uzbekistan, which is considered the basis of our national legislation.
It is known that the “Universal Declaration of Human Rights” consists of a preamble and a total of 30 articles, and if all its provisions are sequentially considered, then one can note the consistency and consistency of the content with the provisions of the Constitution of the Republic of Uzbekistan on human rights. For example, you can notice the similarity between the contents of Article 3 of the “Universal Declaration of Human Rights”, which reads: “Every person has the right to life, liberty and security of person” and Article 25 of the Constitution of the Republic of Uzbekistan: “The right to life is the inalienable right of every person and is protected by law. Encroachment on human life is a grave crime.”
Also, the rule that “no one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment” in Article 5 of the Declaration corresponds to the second paragraph of Article 26 of the Constitution of the Republic of Uzbekistan “No one shall be subjected to torture, violence, other cruel, inhuman or degrading treatment or punishment." One may also note the reflection of the provision of Article 9 of the Declaration that no one shall be arrested, detained or persecuted without cause in the second paragraph of Article 29 of our Constitution “No one shall be subjected to arrest, detention, detention, detention or other restriction freedom except on the basis of the law" and in the third paragraph - "When detained, a person must be explained in a language he understands his rights and the grounds for detention"
Article 10 of the Declaration enshrines the right of every person to demand an independent and impartial court and its reflection in international legal acts to which the Republic of Uzbekistan has acceded inspires confidence that only an independent court can protect the rights of every citizen through an impartial and open consideration of the case in court. In this regard, it should be noted that the reforms carried out on the basis of the Action Strategy for the Development of the Republic of Uzbekistan for 2017-2021, put forward at the initiative of the President of Uzbekistan Shavkat Mirziyoyev, taking into account international standards, laid the foundation for democratization and liberalization of the judicial and legal sphere, ensuring genuine independence of the judiciary, protection of the rights and legitimate interests of citizens.
In order to improve the judicial system and ensure the independence of the courts, one of the important steps was the creation of the Supreme Judicial Council of the Republic of Uzbekistan, the Supreme Court and the Higher Economic Court were merged, the activities of the Supreme Court were improved, the Economic Courts were reorganized into economic courts, 71 inter-district, district (city) economic courts were empowered to hear cases in the first instance. The first term of work as a judge is five years, then ten years and an indefinite term. The powers of the courts to independently resolve their financial, logistical and technical issues were withdrawn from the judiciary and transferred to the Supreme Court, which led to the independence of the courts from the executive authorities and ensuring their independence. The institution of returning a criminal case to the court for additional investigation was abolished, thereby putting an end to unnecessary censorship, and people were spared unnecessary confusion and nervousness. It was strictly established that a person’s guilt in committing a crime should be based only on evidence proven in court, that is, it was strictly forbidden to make decisions based on rumors and assumptions. In order to fully ensure fair justice, verify the legality, validity and fairness of court decisions, an audit authority was created.
One of the important problems of the judicial reform system is the new system for training qualified and mature judges and judicial staff. Increasing the population's trust in judicial institutions by the Supreme Council of Judges, ensuring the stability of justice and the rule of law, serves to transform the court literally into a “Fortress of Justice” and improve the level of justice.
The introduction of the institution of a plea agreement and its implementation in the criminal procedural legislation of our country is also an important factor in increasing the protection of human rights, freedoms and legitimate interests recognized in international law.
In accordance with the Decree of the President of Uzbekistan dated January 28, 2022 “On the new development strategy of Uzbekistan for 2022-2026”, about 300 laws were adopted in 2017-2021, more than 4 thousand resolutions of the President of the Republic of Uzbekistan aimed at fundamental reforming all spheres of state and public life in five priority areas of development of our country.
Shavkat Mirziyoyev, in his report dated December 7, 2019, “The supremacy of the Constitution and laws is the most important criterion for a legal democratic state and civil society,” dedicated to the 27th anniversary of the adoption of the Constitution of the Republic of Uzbekistan, especially noted “ensuring the true independence of the courts is our highest priority. We must not allow the courts to be influenced by certain officials. In this regard, it is necessary to strengthen responsibility for interference in court cases or pressure on the court.”
The issue of ensuring compliance of the judicial system of Uzbekistan with generally accepted international standards will continue to remain relevant. In addition, practical measures are ongoing to harmonize national legislation with international legal standards in the field of human rights. After all, constitutional reforms today require an approach to constitutional norms, which are the main legal criterion that determines the value of a person in the life of our society, taking into account modern realities and international legal standards.
Ayub Muhammadiev, professor of the Department of Civil Law Sciences of the University of Public Security of the Republik of Uzbekistan, doctor of Law
President Shavkat Mirziyoyev signed the law "On Recognition of Rights to Unauthorized Land Plots and Buildings and Structures Constructed on Them".
Many citizens of our country have been waiting for the resolution of this issue, which concerns the lives of millions of families. According to preliminary data, there are currently more than 3 million 600 thousand land plots, the legal documents for which are not formalized or incomplete.
In this regard, the head of state at a video conference call on land registration and cadastre held on November 21, 2023, noted the need for a legal solution to this issue. Accordingly, a draft law was developed with the participation of specialists in the sphere and deputies. The positive experience of Italy, Bulgaria, Croatia, the Czech Republic and other countries was taken into account. The draft was finalized and considered in the chambers of the Oliy Majlis.
The law consists of 6 chapters and 35 articles, which recognize rights to the following land plots and property:
1) land plots unauthorizedly seized by citizens before May 1, 2018 through the construction of individual housing, and buildings and structures built on them;
2) land plots occupied by citizens and organizations before May 1, 2018 in excess of the area specified in the document, as well as buildings and structures built on them;
3) land plots, the recognition of rights to which within the framework of the "one-time action" has not been completed, as well as buildings and structures constructed on them;
4) land plots allocated by decision of the regional (city) khokim until June 8, 2021, but not approved by the regional khokim or the Kengash of People's Deputies;
5) residential premises on the territory of horticultural and vine-growing associations and the land plot occupied by them;
6) land plots of entrepreneurs located in small industrial zones before March 9, 2020;
7) land plots occupied by buildings and houses privatized by state warrant;
8) land plots occupied by buildings and houses for which the ownership right has been recognized by the decision of the hokim.
The law also clearly defines the main conditions for recognizing rights. For example, the land plot should not be allocated to other persons or put up for auction; there should be no dispute over the land plot; there should be no contradiction with the general plan.
Recognition of rights is carried out step by step by region. Approval of information and documents concerning unauthorized land plots and buildings and structures built on them is carried out through the automated information system of the Cadastre Agency. The relevant information is also entered into this system by 15 authorized organizations.
Completeness and legality of the collected documents are checked by the regional justice department. The results will be announced on the website of the Cadastre Agency and in makhalla corners. Citizens who have received a positive conclusion will be sent an SMS-message, on the basis of which a one-time payment will be made. After that, the rights will be recognized quarterly by the decision of the regional Kengash of People's Deputies.
The bodies of prosecutor's office, internal affairs, agro-inspection, ecology, cadastre establish state control over the implementation of the law. The law also pays special attention to public control. Thus, public groups will be created in each mahalla by decision of district councils of people's deputies. These groups will include a deputy of the district council elected from the district where the mahalla is located, the chairman of the mahalla and active citizens.
A one-time payment is charged for the recognition of rights to land plots under residential houses, privatized or buildings and structures recognized on the right of ownership. The amount of the payment is 5 basic calculation units in the city of Tashkent, 3 BRV in the city of Nukus and regional centers, 2 BRV in cities and 1 BRV in other settlements. Persons included in the Unified Register of Social Protection and persons with disabilities are given a discount.
The one-time payment is directed to cover the costs of the cadastre and justice bodies and the Uzbekcosmos Agency. The remaining funds will be directed to the activities of the initiative budget, i.e. to the mahallas.
The law will come into force in 3 months, before that explanatory and preparatory work will be carried out on the ground. The law will be in force until January 1, 2028.
It should be noted that in the Republic of Karakalpakstan work in this direction has already begun. The Decree of the President of Uzbekistan of July 28, 2023 allowed to recognize the rights to undocumented residential houses and land plots located in the region by the decision of Jokargy Kenes of the Republic of Karakalpakstan.
After that, working groups were established in all districts and cities to examine 43,432 houses built in the Republic of Karakalpakstan without title documents. The location, condition and time of construction of the houses were verified on the basis of an analysis of land records and space images.
Following a comprehensive discussion, ownership of 27,590 residential houses and the right to lease the land on which they are located were recognized.
The results of this noble policy have had a positive impact on the lives of more than 100,000 citizens living in 27,590 houses. They now have the right to legally register their housing, sell it to another person, and put family members on permanent registration. Also, owners will now be able to receive preferential loans for repairs or additional construction, and in case of seizure of housing for public needs to demand compensation in accordance with the law.
The law "On Recognition of Rights to Unauthorized Land Plots and Buildings and Structures Constructed on Them" will expand the scope of this noble work throughout the country. If we assume that each of more than 3 million 600 thousand land plots concerns on average 3-4 citizens or entrepreneurs, this law will solve the problems of more than 10 million people and create a legal basis for their future life.
President Shavkat Mirziyoyev visited the Inno innovative training and production technopark in Almazar district of the capital.
This technopark was established three years ago. Innovative ideas and inventions for the development of industrial sectors are developed here. In order to train young people in modern professions, cooperation with higher educational institutions has been established. Every year seminars and workshops are held with the participation of about 15 thousand students and pupils.
There are more and more such innovation centers in our country. Industry, energy and information technologies are developing, new complexes are being launched. They require engineers and technicians with up-to-date knowledge and qualifications.
The activity of higher engineering schools established at Tashkent State Technical University, Bukhara Institute of Engineering and Technology, Tashkent State Transport University, Fergana Polytechnic Institute, Tashkent Architecture and Construction University and Tashkent University of Information Technologies has been presented to the President.
The decree of the President of the Republic of Uzbekistan dated February 2, 2024 sets a number of tasks in this direction. In particular, according to the decree, the organizational and managerial activities of higher education institutions that train personnel in engineering and technology are being improved. The existing training programs are being studied and fundamentally changed in accordance with modern technologies and the requirements of employers.
The head of our state was informed about it.
At the first stage, higher engineering schools will be opened at 10 institutions of higher education. The supervisory board of the schools will include not only scientists, but also representatives of partner enterprises.
Two-year master's degree programs will be implemented in these schools, candidates will be selected on the basis of manufacturers' orders. In the first year, students will design new products on the orders of enterprises, conduct scientific research and study in in-depth modular programs. In the second year, they will test at enterprises technological processes related to the creation of prototypes of new products.
The President paid attention to the practical applicability and effectiveness of scientific research in higher educational institutions. It was noted that the attention paid to the education system should be really embodied in scientific achievements.
The head of state also familiarized himself with the inventions and advanced developments of researchers. In particular, energy-efficient devices, a cooling system protecting transformers from overheating under load, chemical reagents important for the oil and gas industry, modern approaches in construction, including road construction, engineering projects for hydraulic structures and modern solutions in the field of information technologies were presented.
On November 15, President Shavkat Mirziyoyev chaired a meeting on issues of uninterrupted energy supply to the population and sectors of the economy, improving efficiency at enterprises in the sphere.
The relevant tasks were identified at a video conference held on June 10. Today, the responsible persons reported on the work accomplished in fulfillment of these tasks and preparations for the autumn-winter season.
It was noted that gas is supplied in volumes commensurate with the growing demand of the population and sectors of the economy. As a result of the modernization of industries and increasing the energy efficiency of the economy, there is a decrease in losses. For example, in recent years, gas consumption for the production of industrial products has decreased by 1.6 times.
There is still a lot of work ahead. It is necessary to ensure a stable supply of energy to the population in the current season and subsequent years, and prepare a sufficient reserve for this.
These issues were discussed in the context of industries at the meeting.
According to calculations, 21 billion cubic meters of gas will be supplied to consumers this year during the winter season. If the air temperature drops sharply, the population's demand will increase even more. The responsible persons outlined a plan of action in such a situation by month and by district.
A separate reserve is provided for uninterrupted power supply to social institutions and enterprises. A system has been created for the targeted supply of natural gas to thermal power plants, chemical and metallurgical enterprises, as well as gas filling stations.
It was pointed out that it is necessary to resolutely continue the work started on accounting and control of gas in industries and further reduce losses. The task has been set to implement the identified gas saving opportunities in Andijan, Navoi and Tashkent regions, as well as other regions.
The Head of State gave instructions to responsible persons on organizing work at the level of districts and mahallas, solving issues related to energy supply directly on the ground, coordinating demand and consumption, and preventing interruptions.
The meeting also touched upon the processes of transformation in the gas sector. It was decided that industry enterprises will enter the international financial market and independently raise funds for modernization.
Digitalization and public-private partnerships offer the greatest opportunities in updating and regulating gas supply networks. In this regard, proposals were considered to attract private operators to the industry.
The President instructed to reduce the costs in the context of each industry and enterprises, optimize costs and accelerate the transformation process. The importance of expanding exploration activities with the involvement of leading foreign companies was emphasized.
ART
The Tashkent International Biennale of Contemporary Art has been held every two years since 2001 with government support. It serves as an open platform for cultural exchange in the visual arts, showcasing the modern creative potential of different countries and discussing current issues in contemporary art.
The theme of the X Tashkent International Biennale of Contemporary Art in 2024 is "Art and World". Conceptually, it explores the relationship between art and modern reality through the works of artists from various countries. This theme prompts reflection on the nature of the modern world: Does it possess integrity? Today, the world is characterized by polar stances, clashes, and numerous challenges related to preservation, ecology, morality, culture, and identity, spanning personal to state levels. Its landscape is shaped by opposition influenced by globalization, geopolitics, technogenic civilization, and artificial intelligence. How does contemporary art reflect on the modern world?
Simultaneously, the X Tashkent International Biennale aims to showcase various trends and new directions in contemporary art to the general public. It seeks to enhance international cultural relations, strengthen the creative dialogue between cultures, and highlight the achievements of different countries in visual art. The Biennale focuses on liberating creative consciousness, demonstrating pluralism in creative exploration, and illustrating the specifics of the postmodern condition in different countries. It addresses the state of intertextuality in modern art and the preservation or disappearance of local traditions in the era of globalization.
The concept of the Biennale is dedicated to displaying a multicultural lifestyle through the prism of contemporary art. The works presented will reflect diverse artistic expressions that uphold humanistic values. The theme provides an opportunity to explore concepts such as ecology, culture, tolerance, modern orientalism, identity, artificial intelligence, technogenic civilization, and the inner world of individuals.
FOR MORE DETAILS: biennale.uzbekistan@gmail.com, +998-71-233-04-27
Curator of the X Tashkent International Biennale of Contemporary Art:
Sukhrob Kurbanov - Art Critic and Art Historian.
Coordinator of the event:
Asya Tuychiyeva - Head of the Department for International Relations, Academy of Arts of Uzbekistan.
The text of the article is in Uzbek language!
The text of the article is in Uzbek language!
The state visit of the President of the Republic of Korea Yoon Seok-yol at the invitation of the President of the Republic of Uzbekistan Shavkat Mirziyoyev has ended.
During the three-day visit, high-level talks were held, at the end of which the leaders signed a joint statement on further deepening and comprehensive expansion of the Special Strategic Partnership. A bilateral set of documents was received.
The heads of state participated in a joint business forum with the participation of representatives of leading Korean companies and banking and financial institutions.
The presidents visited the Technopark in Tashkent and got acquainted with the existing potential for industrial cooperation.
Today, the dialogue between the heads of state continued in Samarkand. The presidents and their wives got acquainted with the historical and architectural masterpieces of the ancient city.
After the end of the visit, President Yun Sok Yol and his wife were escorted by President of the Republic of Uzbekistan Shavkat Mirziyoyev and his wife at the airport.
The Central Election Commission held a meeting and a series of events today, July 26th. The primary agenda item was the preparation and high-level accomplishment of the upcoming elections for the Legislative Chamber of the Oliy Majlis and the Councils of People's Deputies in full compliance with the Constitution and laws.
According to Article 128 of the Constitution of the Republic of Uzbekistan, elections for the Legislative Chamber of the Oliy Majlis and the Councils of People's Deputies are scheduled to take place on the first Sunday of the third ten-day period of October in the year their term expires. Considering that the term of the deputies of the Legislative Chamber of the Oliy Majlis and the Councils of People's Deputies ends in 2024, the elections will be held on October 27th of this year, and the election campaign will begin on July 26th, as decided by the Central Election Commission.
These elections mark a significant departure from the past, taking place in a new socio-political environment as stipulated by our Constitution. The meeting underscored the unique features of these elections, which include:
The meeting underscored the significance of these elections as a vivid example of democratic state-building in our country and an essential means for citizens to exercise their constitutional rights to vote and be elected to democratic state bodies. The elections will involve the election of 150 deputies to the Legislative Chamber, 65 members to the Senate, 65 deputies to the Jokargy Kenes of the Republic of Karakalpakstan, deputies to 208 district (city) Councils in the regions and Tashkent city, with around 30,000 candidates and nearly 90,000 trusted representatives actively participating. Over 120,000 election commission members and more than 70,000 citizens and international observers are expected to participate in the election process.
Considering the important role of elections in state life and with the aim of widely engaging citizens in this process, the Central Election Commission announced that the elections will be held on October 27th under the slogan “My Choice—My Prosperous Homeland.”
The 'E-Saylov' information system is a key tool in making the election process more transparent and accessible. It facilitates around 60 interactions between election commissions, political party candidates, observers, and the media entirely electronically. Integrated with other electronic platforms, the system automates many procedures in the election process without human intervention. This system forms an extensive database of nearly 400,000 participants in the election process, including election commission members, candidates, and observers. Around 32,000 participants will professionally use the information system, which includes communication through 40 types of SMS notifications.
For citizens, the "E-Saylov" information system introduces several conveniences in obtaining election-related information. Specifically, it provides statistical data on voters and polling stations, information on candidates for various elections, and interactive maps to learn about candidates and their biographies.
The meeting emphasized that the "E-Saylov" information system represents a new level of technological advancement and transparency in elections.
It was also noted that according to Article 37 of the Election Code, political parties have the right to nominate candidates for deputies to the Legislative Chamber and local Councils.
To participate in the elections, political parties must have been registered by the Ministry of Justice at least four months before the announcement of the election campaign and collect at least 40,000 signatures supporting their participation.
Additionally, the meeting approved a calendar plan to ensure that the activities related to conducting the elections are carried out step-by-step within the timelines specified by election legislation. The Central Election Commission, as an impartial and independent constitutional body, will take all necessary measures to prepare for and conduct the upcoming elections in full compliance with national legislation and international election standards, ensuring the process is open and transparent.
A Press Center has also been established under the Central Election Commission.
Central Election Commission
of the Republic of Uzbekistan
The text of the article is in Uzbek!