Organization of State Authority

Part Five ORGANIZATION OF STATE AUTHORITY

Chapter XVIII Oily Majlis of the Republic of Uzbekistan

Article 76
The highest state representative body is the Oliy Majlis (the Supreme Assembly) of the Republic of Uzbekistan. This body exercises legislative power.

Article 77
The Oliy Majlis of the Republic of Uzbekistan shall consist of 150 deputies, elected by territorial constituencies on a multi-party basis for a term of five years.

All citizens of the Republic of Uzbekistan, who have reached the age of 25 by election day, shall be eligible for election to the Oliy Majlis of the Republic of Uzbekistan. Requirements to candidates shall be determined by law.

Article 78
The exclusive powers of the Oliy Majlis of the Republic of Uzbekistan shall include:
  1. the adoption and amending of the Constitution of the Republic of Uzbekistan;
  2. enactment and amending of the laws of the Republic of Uzbekistan;
  3. determination of the guidelines of home and foreign policies of the Republic of Uzbekistan and approval of long-term projects;
  4. determination of the structure and powers of the legislative, executive and judicial branches of the Republic of Uzbekistan;
  5. admission of new states into the Republic of Uzbekistan and approval of their decisions to secede from the Republic of Uzbekistan;
  6. legislative regulation of customs, as well as of the currency and credit systems;
  7. legislative regulation of the administrative and territorial structure, and alteration of frontiers of the Republic of Uzbekistan;
  8. approval of the budget of the Republic of Uzbekistan submitted by the Cabinet of Ministers, and control over its execution; determination of taxes and other compulsory payments;
  9. scheduling elections to the Oliy Majlis of the Republic of Uzbekistan and local representative bodies, and formation of the Central Election Committee;
  10. setting the date of elections for the President of the Republic of Uzbekistan on completion of his term of office;
  11. election of the Chairman and Vice-Chairman of the Oliy Majlis of the Republic of Uzbekistan;
  12. election of the Constitutional Court of the Republic of Uzbekistan;
  13. election of the Supreme Court of the Republic of Uzbekistan;
  14. election of the Higher Arbitration Court of the Republic of Uzbekistan;
  15. appointment and dismissal of the Chairman of the State Committee for the Protection of Nature of the Republic of Uzbekistan upon the nomination of the President of the Republic of Uzbekistan;
  16. ratification of the decrees of the President of the Republic of Uzbekistan on the appointment and removal of the Prime Minister, the First Deputy Prime Ministers, the Deputy Prime Ministers and the members of the Cabinet of Ministers;
  17. ratification of the decrees of the President of the Republic of Uzbekistan on the appointment and removals of the Procurator-General of the Republic of Uzbekistan and his Deputies;
  18. appointment and removal of the Chairman of the Board of the Central Bank of the Republic of Uzbekistan upon the nomination of the President of the Republic of Uzbekistan;
  19. ratification of the decrees of the President of the Republic of Uzbekistan on the formation and abolition of ministries, state committees and other bodies of state administration;
  20. ratification of the decrees of the President of the Republic of Uzbekistan on general and partial mobilization, and on the declaration, prolongation and discontinuance of a state of emergency;
  21. ratification and denouncement of international treaties and agreements;
  22. institution of state awards and honorary titles;
  23. formation, annulment and renaming of districts, towns, cities and regions and alteration of their boundaries;
  24. execution of other powers defined by the present Constitution.
Article 79
A session of the Oliy Majlis shall be legally qualified if it is attended by at least 2/3 of the total number of the deputies.

Article 80
The President of the Republic of Uzbekistan, the Prime Minister, and the members of the Cabinet of Ministers, the Chairmen of the Constitutional Court, the Supreme Court and the Higher Arbitration Court, the Procurator-General of the Republic and the Chairman of the Board of the Central Bank shall have the right to attend the sessions of the Oliy Majlis.

Article 81
Upon completion of its term, the Oliy Majlis of the Republic of Uzbekistan shall retain its powers until the newly-elected Oliy Majlis is convened.
The first session of the newly-elected Oliy Majlis of the Republic of Uzbekistan shall be convened by the Central Electoral Committee within two months of the elections.

Article 82
The right to initiate legislation in the Oliy Majlis of the Republic of Uzbekistan is vested in the President of the Republic of Uzbekistan, the Republic of Karakalpakstan through the highest body of state authority, the deputies of the Oliy Majlis of the Republic of Uzbekistan, the Cabinet of Ministers of the Republic of Uzbekistan, the Constitutional Court, the Supreme Court, the Higher Arbitration Court and the Procurator-General of the Republic of Uzbekistan.

Article 83
The Oliy Majlis of the Republic of Uzbekistan shall pass laws, decisions and other acts. Any law shall be adopted when it is passed by a majority of the total voting power of the deputies of the Oliy Majlis.
Promulgation of the laws and other normative acts shall be a compulsory condition for their enforcement.

Article 84
The Chairman and the Vice-Chairmen of the Oliy Majlis shall be elected from among the deputies of the Oliy Majlis of the Republic of Uzbekistan by secret ballot.

The Chairman and the Vice-Chairmen of the Oliy Majlis shall present annual reports to the Oliy Majlis.

One of the Vice-Chairmen of the Oliy Majlis, a deputy of the Oliy Majlis of the Republic of Uzbekistan, shall represent Karakalpakstan.

The Chairman and the Vice-Chairmen of the Oliy Majlis of the Republic of Uzbekistan shall be elected for the same term as the Oliy Majlis.

No one may be elected Chairman of the Oliy Majlis of the Republic of Uzbekistan for more than two consecutive terms.
The Chairman of the Oliy Majlis of the Republic of Uzbekistan may be recalled before completion of his term of office by the decision of the Oliy Majlis of the Republic of Uzbekistan approved by more than 2/3 of the deputies of the Oliy Majlis of the Republic of Uzbekistan by secret ballot.

Article 85
The Chairman of the Oliy Majlis of the Republic of Uzbekistan shall:
  1. exercise the general direction over a preliminary review of matters to be submitted to the Oliy Majlis;
  2. convene the sessions of the Oliy Majlis and draft their agenda together with the Chairmen of the committees and commissions;
  3. preside at the sessions of the Oliy Majlis;
  4. coordinate the work of the committees and commissions of the Oliy Majlis;
  5. organize the control over the execution of the laws and the decisions passed by the Oliy Majlis;
  6. direct inter-parliamentary relations and the work of the groups connected with international parliamentary , organizations;
  7. nominate candidates fop the posts of the Vice-Chairmen of the Oliy Majlis and the Chairmen of the committees and commissions of the Oliy Majlis;
  8. alter the composition of the committees and commissions and submit them for confirmation to the Oliy Majlis on the proposal of the Chairmen of the committees and commissions;
  9. direct the work of the organs of the press of the Oliy Majlis;
  10. approve the rules and the editorial staff of the organs of the press of the Oliy Majlis and their expense budgets;
  11. appoint and dismiss the editors of the organs of the press of the Oliy Majlis;
  12. approve the estimated allowances of the deputies and the administrative expenses of the Oliy Majlis;
  13. sign the resolutions passed by the Oliy Majlis of the Republic of Uzbekistan.
Article 86
The Oliy Majlis shall elect committees and commissions to draft laws, conduct preliminary review of matters to be submitted to the Oliy Majlis, and control the execution of the laws and other decisions passed by the Oliy Majlis of the Republic of Uzbekistan.
In the event of necessity, the Oliy Majlis shall form deputies, auditing and other commissions which shall function on a permanent or temporary basis.

Article 87
The expenses of the deputies connected with their work for the Oliy Majlis shall be reimbursed in prescribed manner. The deputies working for the Oliy Majlis on a permanent basis may not hold any other paid posts, nor engage in commercial activity during their term of office.

Article 88
Deputies of the Oliy Majlis shall have the right of immunity. They may not be prosecuted, arrested or incur a court-imposed administrative penalty without the sanction of the Oliy Majlis.

Chapter XIX The President of the Republic of Uzbekistan

Article 89
The President of the Republic of Uzbekistan is head of state and executive authority in the Republic of Uzbekistan. The President of the Republic of Uzbekistan simultaneously serves as Chairman of the Cabinet of Ministers.

Article 90
Any citizen of the Republic of Uzbekistan who has reached the age of 35, is in full command of the state language and has permanently resided in Uzbekistan for at least 10 years,
immediately preceeding the elections, shall be eligible for the post of President of the Republic of Uzbekistan. A person, may not be elected to the office of President of the Republic of Uzbekistan for more than two consecutive terms.

The President of the Republic of Uzbekistan shall be elected for a term of five years. He shall be elected by citizens of the Republic of Uzbekistan on the basis of the universal, equal and direct suffrage by secret ballot. The procedure for electing President shall be specified by the electoral law of the Republic of Uzbekistan.

Article 91
During his term of office, the President may not hold any other paid post, serve as a deputy of a representative body or engage in commercial activity.

The President shall enjoy personal immunity and protection under law.

Article 92
The President shall be regarded as having assumed office upon taking the following oath at a session of the Oily Majlis:
"I do solemnly swear to faithfully serve the people of Uzbekistan, to strictly comply with the Constitution and the laws of the Republic, to guarantee the rights and freedoms of its citizens, and to conscientiously perform the duties of the President of the Republic of Uzbekistan".

Article 93
The President of the Republic of Uzbekistan shall:
  1. guarantee the rights and freedoms of citizens and observance of the Constitution and the laws of the Republic of Uzbekistan;
  2. protect the sovereignty, security. and territorial integrity of the Republic of Uzbekistan, and implement the decisions regarding its national-state structure;
  3. represent the Republic of Uzbekistan in domestic matters and in international relations;
  4. conduct negotiations, sign treaties and agreements in behalf of the Republic of Uzbekistan, and ensure the observance of the treaties and agreements signed by the Republic and the fulfillment of its commitments;
  5. receive letters of credence and recall from diplomats and other representatives accredited to him;
  6. appoint and recall diplomats and other representatives of the Republic of Uzbekistan to foreign states;
  7. present annual reports to the Oily Majlis on the domestic and international situation;
  8. form the administration and lead it, ensure interaction between the highest bodies of state authority and administration, set up and dissolve ministries, state committees and other bodies of administration of the Republic of Uzbekistan, with subsequent confirmation by the Oliy Majlis;
  9. appoint and dismiss the Prime Minister, his First Deputy, the Deputy Prime Ministers, the members of the Cabinet of Ministers of the Republic of Uzbekistan, the Procurator-General of the Republic of Uzbekistan and his Deputies, with subsequent confirmation by the Oliy Majlis;
  10. present to the Oily Majlis of the Republic of Uzbekistan his nominees for the posts of Chairman and members of the Constitutional Court, the Supreme Court, and the Higher Economic Court, as well as the Chairman of the Board of the Central Bank of the Republic of Uzbekistan, and the Chairman of the State Committee for the Protection of Nature of the Republic of Uzbekistan;
  11. appoint and dismiss judges of regional, district, city and arbitration courts;
  12. appoint and dismiss khokims (heads of administrations) of regions and the city of Tashkent with subsequent confirmation by relevant Soviets of People's Deputies; the President shall have the right to dismiss any khokim of a district or a city, should the latter violate the Constitution or the laws, or perform an act discrediting the honour and dignity of a khokim;
  13. suspend and repeal any acts passed by the bodies of state administration or khokims;
  14. sign the laws of the Republic of Uzbekistan. The President may refer any law, with his own amendments, to the Oily Majlis for additional consideration and vote. Should the Oily Majlis confirm its earlier decision by a majority of 2/3 of its total voting power, the Presidents shall sign the law;
  15. have the right to proclaim a state of emergency throughout the Republic of Uzbekistan or in a particular locality in cases of emergency (such as a real outside threat, mass disturbancies, major catastrophes, natural calamities or epidemics), in the interests of people's security. The President shall submit his decision to the Oily Majlis of the Republic of Uzbekistan for confirmation within three days. The terms and the procedure for the imposition of the state of emergency shall be specified by law;
  16. serve as the Supreme Commander-in-Chief of the Armed Forces of the Republic and is empowered to appoint and dismiss the high command of the Armed Forces and confer top military ranks;
  17. proclaim a state of war in the event of an armed attack on the republic of Uzbekistan or when it is necessary to meet international obligations relating to mutual defence against aggression, and submit the decision to the Oily Majlis of the Republic of Uzbekistan for confirmation;
  18. award orders, medals and certificates of honour of the Republic of Uzbekistan, and confer qualification and honorary titles of the Republic of Uzbekistan;
  19. rule on matters of citizenship of the Republic of Uzbekistan and on granting political asylum;
  20. issue acts of amnesty and grant pardon to citizens convicted by the courts of the Republic of Uzbekistan;
  21. form the national security and state control services, appoint and dismiss their heads, and exercised other powders vested in him.
    The President shall not have the right to transfer his powers to a state body or official.
Article 94
The President of the Republic of Uzbekistan, shall issue decrees, enactments and ordinances binding on the entire territory of the Republic on the basis of and for enforcement of the Constitution and the laws of the Republic of Uzbekistan.

Article 95
Should any insurmountable differences arise between the deputies of the Oily Majlis, jeopardizing its normal functioning, or should it repeatedly make decisions in opposition to the Constitution, the Oily Majlis may be dissolved by a decision of the President, sanctioned by the Constitutional Court. In the event of the dissolution of the Oily Majlis, elections shall be held within three months. The Oily Majlis may not be dissolved during a state of emergency

Article 96
Should the President of the Republic of Uzbekistan fail to perform his duties due to poor health, confirmed by a certificate of a State Medical Commission formed by the Oily Majlis, an emergency session of the Oliy Majlis shall be held within ten days. This session shall elect acting President of the republic of Uzbekistan from among its deputies for a term of not more than three months. In this case the general elections of the President of the Republic of Uzbekistan shall be held within three months.

Article 97
Upon completion of his term of office, the President shall be a lifetime member of the Constitutional Court.

Chapter XX Cabinet of Ministers

Article 98
The Cabinet of Ministers shall be formed by the President of the republic of Uzbekistan and approved by the Oily Majlis.
The head of government of the Republic of Karakalpakstan shall be an ex officio member of the Cabinet of Ministers.
The Cabinet of Ministers shall provide guidance for the economic, social and cultural development of the Republic of Uzbekistan. It should also be responsible for the execution of the laws and other decisions of the Oliy Majlis, as well as of the decrees and other enactments issued by the President of the Republic of Uzbekistan.
The Cabinet of Ministers shall issue enactments and ordinances in accordance with the current legislation. This shall be binding on all bodies of administration, enterprises, institutions, organizations, officials and citizens throughout the Republic of Uzbekistan.
The Cabinet of Ministers shall tender its resignation to the newly-elected Oily Majlis.
The procedure for the work of the Cabinet of Ministers and its powers shall be defined by law.

Chapter XXI Fundamental Principles of Local Bodies of State Authority

Article 99
The Soviets of People's Deputies led by khokims are the representative bodies of authority in regions, districts, cities and towns, except in towns subordinate to district centres, and city districts. They shall act upon all matters within their authority, in accordance with the interests of the state and citizens.

Article 100
The local authorities shall:
ensure the observance of laws, maintain law and order, and ensure security of citizens;
direct the economic, social and cultural development within their territories;
propose and implement the local budget, determine the local taxes and fees, and propose non-budget funds;
direct the municipal economy;
protect the environment;
ensure the registration of civil status acts;
pass normative acts and exercise other powers in conformity with the Constitution and the legislation of the Republic of Uzbekistan.

Article 101
The local authorities shall enforce the laws of the Republic of Uzbekistan, the decrees of the President and the decisions of the higher bodies of state authority. They shall also direct the work of the subordinate Soviets of People's Deputies and participate in the discussion of national and local matters.
The decisions of the higher bodies on matters within their authority shall be binding on the subordinate bodies.
The term of office of the Soviets of People's Deputies and khokims is five years.

Article 102
The khokims of regions, districts, cities and towns shall serve as heads of both representative and executive authorities of their respective territories.
The khokim of the region and city of Tashkent shall be appointed and dismissed by the President with subsequent confirmation by the appropriate Soviet of People's' Deputies.
The khokims of districts, cities and towns shall be appointed and dismissed by the khokim of the appropriate region, with subsequent confirmation by the appropriate Soviet of People's Deputies.
The khokims of city districts shall be appointed and dismissed by the khokim of the city, with subsequent confirmation by the city Soviet of People's Deputies.
The khokims of towns subordinate to district centres shall be appointed and dismissed by the khokim of the district with subsequent confirmation by the district Soviet of People's Deputies.

Article 103
The khokims of regions, districts, cities and towns shall exercise their powers in accordance with the principle of one-man management, and shall bear personal responsibility for the decisions and the work of the bodies they lead.
Organization of the work and the powers of khokims and local Soviets of People's Deputies, as well as the procedure for elections to the local Soviets of People's Deputies shall be specified by law.

Article 104
The khokim shall make decisions within his vested powers which are binding on all enterprises, institutions, organizations, associations, officials, and citizens on the relevant territory.

Article 105
Residents of settlements, kishlaks and aulls (villages), as well as of residential neighbourhoods (makhallyas) in cities, towns, settlements and villages shall decide all local matters at general meetings. These local self-governing bodies shall elect Chairman (aksakal) and his advisers for a term of 2.5 years.
The procedure for elections, organization of the work and the powers of self-governing bodies shall be specified by law.

Chapter XXII Judicial Authority in the Republic of Uzbekistan.

Article 106
The judicial authority in the republic of Uzbekistan shall function independently from the legislative and executive branches, political parties and public organizations.

Article 107
The judicial system in the Republic of Uzbekistan shall consist of the Constitutional Court of the Republic, the Supreme Court, the Higher Economic Court of the Republic of Uzbekistan, along with the Supreme Court, and the Arbitration Court of the Republic of Karakalpakstan. These courts shall be elected for a term of five years. The judicial branch also includes regional, district, town, city, Tashkent city courts and arbitration courts appointed for a term of five years
Organization and procedure for the operation of the courts shall be specified by law. Formation of extraordinary court shall be inadmissible.

Article 108
The Constitutional Court of tile Republic of Uzbekistan shall hear cases relating to the Constitutionality of acts passed by the legislative and executive branches.
The Constitutional Court shall be elected from political and legal scholars and shall consist of a Chairman, Vice-Chairman and judges including a representative of the Republic of Karakalpakstan.
No member of the Constitutional Court, including the Chairman, shall have the right to simultaneously serve as a deputy.
The Chairman and the members of the Constitutional Court may not belong to any political parties or movements, nor hold any other paid posts.
The judges of the Constitutional Court shall have the right of immunity.
The judges of the Constitutional Court shall be independent in their work and subject solely to the Constitution of the Republic of Uzbekistan.

Article 109
The Constitutional Court of the Republic of Uzbekistan shall:
  1. judge the constitutionality of the laws of the Republic of Uzbekistan and other acts passed by the Oily Majlis of the Republic of Uzbekistan, the decrees issued by the President of the Republic of Uzbekistan, the enactments of the government and the ordinances of local authorities, as well as obligations of the Republic of Uzbekistan under inter-state treaties and other documents;
  2. conform the constitutionality of the Constitution and laws of the Republic of Karakalpakstan to the Constitution and laws of the Republic of Uzbekistan;
  3. interpret the Constitution and the laws of the Republic of Uzbekistan;
  4. hear other cases coming within its authority under the Constitution and the laws of the Republic of Uzbekistan.
    The judgements of the Constitutional Court shall take effect upon publication. They shall be final and shall not subject to appeal.
    The organization and procedure of the Constitutional Court shall be specified by law.
Article 110
The Supreme Court of the Republic of Uzbekistan shall be the highest judicial body of civil, criminal and administrative law.
The rulings of the Supreme Court shall be final and binding throughout the Republic of Uzbekistan.

Article 111
Any economic and management disputes that may arise between entrepreneurs, enterprises, institutions and organizations based on different forms of ownership, shall be settled by the Higher Arbitration Court and other arbitration courts within their authority.

Article 112
Judges shall be independent and subject solely to the law. Any interference in the work of judges in administering the law shall be inadmissible and punishable by law.

The immunity of judges shall be guaranteed by law.
The Chairmen and the members of the Supreme Court and the Higher Arbitration Court may not be deputies of the Oily Majlis of the Republic of Uzbekistan. Judges, including district ones, may not belong to any political parties or movements, nor hold any other paid posts.

Before the completion of his term of office, a judge may be removed from his post only on grounds specified by law.

Article 113
Legal proceedings in all courts shall be open to the public. Hearings in camera shall be only allowed in cases prescribed by law.

Article 114
All court verdicts shall be binding on state bodies, public associations, enterprises, institutions, organizations, officials and citizens.

Article 115
All legal proceedings in the Republic of Uzbekistan shall be conducted in Uzbek, Karakalpak, or in the language spoken by the majority of the people in the locality. Any person participating in court proceedings who does not know the language in which they are being conducted, shall have the following right to be fully acquainted with the materials in the case, to have the services of an interpreter during the proceedings, and to address the court in his native language.

Article 116
Any defendant shall have the right to defence.
The right to legal assistance shall be guaranteed at any stage of the investigation and judicial proceedings. Legal assistance to citizens, enterprises, institutions and organizations shall be given by the College of Barristers. Organization and procedure of the College of Barristers shall be specified by law.

Chapter XXIII Electoral System

Article 117
All citizens of the Republic of Uzbekistan are guaranteed the equal right to vote. Every citizen shall have only one vote. Any citizen shall be eligible for election to public office.
The President and representative bodies of authority in the Republic of Uzbekistan shall be elected on the basis of universal, equal and direct suffrage by secret ballot. All citizens of the Republic of Uzbekistan under the age of 18 shall be eligible to vote. Citizens who have been legally certified as insane, as well as persons in prison may neither vote nor be eligible for election. Any other direct or indirect infringement on the citizens' voting rights is inadmissible.

A citizen of the Republic of Uzbekistan may not simultaneously be elected to more than two representative bodies. The electoral procedure shall be specified by law.

Chapter XXIV Procurator's Office

Article 118
The Procurator-General of the Republics of Uzbekistan and the procurator subordinate to him shall supervise the strict and uniform observance of the laws on the territory of the Republic of Uzbekistan.

Article 119
The Procurator-General of the Republic of Uzbekistan shall direct the centralized system of agencies of the procurator's office.
The Procurator of the Republic of Karakalpakstan shall be appointed by the highest representative body of the Republic of Karakalpakstan and subject to confirmation by the Procurator-General of the Republic of Uzbekistan.
The procurators of regions, districts, cities and towns shall be appointed by the Procurator-General of the Republic of Uzbekistan.
The term of office shall be 5 years for the Procurator-General of the Republic of Uzbekistan, the Procurator of the Republic of Karakalpakstan and procurators of regions, districts, cities and towns.

Article 120
The agencies of the Procurator's Office of the Republic of Uzbekistan shall exercise their powers independently of any state bodies, public associations and officials, and shall be subject solely to the law.

While in office procurators shall suspend their membership in political parties and any other public associations pursuing political goals.

Organization, powers and procedure for the agencies of the Procurator's Office shall be specified by law.

Article 121
On the territory of the Republic of Uzbekistan it is prohibited to set up and run any privates cooperative or other non-governmental agencies or their branches, independently conducting any operational work, investigations, inquiries or any other functions connected with combatting crime.

The law-enforcement agencies may enlist the assistance of public associations and citizens to safeguard law and order, as well as the rights and freedoms of citizens.

Chapter XXV Finance and Crediting

Article 122
The Republic of Uzbekistan shall have independent financial, monetary and credit systems.

The state budget of Uzbekistan shall consist of the national budget, the budget of the Republic of Karakalpakstan and local budgets.

Article 123
The Republic of Uzbekistan shall have a single taxation system. The right to determine taxes shall belong to the Oily Majlis of the Republic of Uzbekistan.

Article 124
The banking system of the Republic of Uzbekistan shall be directed by the Central Bank of the Republic.

Chapter XXVI Defence and Security

Article 125
The Armed Forces of the republic of Uzbekistan shall be formed to defend the state sovereignty and territorial integrity of the Republic of Uzbekistan, as well as the peaceful life and security of its citizens.

The structure and organization of the Armed Forces shall be specified by law.

Article 126
The Republic of Uzbekistan shall maintain the Armed Forces to ensure its security at a level of reasonable sufficiency.