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.

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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.