The following article and picture materials have been provided by the Embassy of the Republic of Uzbekistan in Seoul for publication by The Korea Post media, publisher of 3 English and 2 Korean-language news publications since 1985.—Ed.
By Foziljon Otakhonov, Director of the Institute for Legislative Problems and Parliamentary Studies at the Oliy Majlis of the Republic of Uzbekistan, Doctor of Sciences in Law, Professor
In the very first years of socio-economic transformations in the Uzbekistan, which began after the proclamation of its independence, the task of reforming the Constitution left over from the past appeared as one of the most urgent.
The country’s independence required the constitutional consolidation of the nature of the new state, the principles of its foreign and domestic policy, its commitment to human rights, the principles of state sovereignty, the ideals of democracy and social justice.
As for the second factor, the transition to socially-oriented market relations required a radical revision of constitutional norms and regulations. It was necessary to remove obstacles that hindered the development of various forms of ownership, exchanges, banking, investment processes. The Constitution in force at that time not only did not contribute to the solution of these tasks, but also hindered progressive processes. We needed legal norms that would promote the development of entrepreneurship, creative initiative of people, would be based on international law and would create equal legal opportunities for citizens.
What are the positive aspects of the updated Constitution compared to the Basic Law in the previous edition? First of all, the current Constitution is a qualitatively new document in its essence, philosophy, and ideas. There is no trace of communist ideology, classism, or party membership. A person, his rights, honor and dignity are defined as the highest value, and a legal solution to the relationship between a person, society and the state is found in the document.
When comparing the Constitution of Uzbekistan with the constitutions of other countries of the world, it can be seen that it meets the most democratic norms and standards accepted in the world community. This is confirmed by the conclusions of authoritative experts of the UN, OSCE, the United States, the United Kingdom, France.
The greatness of our Basic Law lies in the fact that it formulates the concept of human self-worth, enshrines the equality of all citizens before the law, recognizes the right to citizenship for all who live and work on Uzbek soil, regardless of their nationality, race, language, gender and religion.
The main idea of the Constitution is to take full care of a person, and its main goal is to provide citizens with a decent existence, the opportunity to participate in solving the affairs of society and the state, the protection of their rights and freedoms, peace and national consensus.
The main task of the Constitution is to ensure the formation of civil society and a humane democratic rule of law in the country.
The Constitution is a multidimensional document. It is filled with political, economic, legal, spiritual, moral and ideological content.
Its political essence is expressed in the fact that it determines the future of the country as a humane democratic state governed by the rule of law, expressing the will of the majority of the people and serving their interests.
The Constitution of the country enshrines the sovereign right of the people to authority and defines the limits of the sovereignty of the state, limiting it to the interests of the people. It delineates the powers of the state and public authorities, various branches of government, central and local authorities.
The economic essence of the Constitution is manifested in ensuring the formation of the economic basis of civil society and the rule of law, the main element of which, according to article 53 of the Constitution, is a property in its various manifestations.
The Constitution enshrines the equality of all forms of ownership, guarantees the free development of the private property, determines the transition of society to a market path of development.
The legal essence of the Constitution is expressed in the fact that it is the Basic Law of the state, the center of the entire legal system of the Republic of Uzbekistan, the legal basis for all other normative legal acts, a strategic guideline for updating legislation, legally enshrines and guarantees the fundamental rights and freedoms of a person and citizen, creates a reliable system of the legal protection of private property, rights and interests of representatives of all nations and nationalities living on the territory of Uzbekistan.
The spiritual and moral essence of the Constitution is manifested in the fact that it expresses the will and spirit of the people, public consciousness and the level of culture, its spiritual principles. The Constitution is based on the centuries-old traditions of the friendship of peoples, the principles of harmony and good neighborliness, asserts the priority of human interests, declares concern for ensuring a better life for the people, including elderly citizens, orphans, encourages charitable activities, enshrines the duty of employable adult children to support their parents.
The ideological aspect of the content of the Constitution is that it is the legal basis of the idea of the country's independence, which determines the place and role of the subjects of society in its implementation. The Constitution is a document with significant educational potential. It contains a huge philosophical and ideological material, serves as a source of knowledge, a means of forming views, worldviews, and acts as a powerful tool covering ideological, political, legal, moral, aesthetic and labor education. Having a huge regulatory power, the Constitution is designed to organize state bodies, civil society institutions, the whole people and every citizen in their daily life and activities. It enables a person to learn the mechanisms of the functioning of the political system, the forms of his participation in the management of society and state affairs, the values of world civilization, the traditions and customs of the people, his experience of state-building. The Constitution embodies the ideas of Farabi, Beruni, Ibn Sina, Amir Temur, as well as the experience of state-building in France, the United States, Germany and some other countries of the world.
Thus, the Constitution of the Republic of Uzbekistan, being a product of the political wisdom and thinking of the people, has created a solid legal foundation for the implementation of the goals set for the formation and development of modern Uzbekistan.