UzLiDeP faction expresses its position on amendments to Constitution

Faction of UzLiDeP organized a meeting of experts and specialists in constitutional and civil law to study the law, which, according to opinions, lifts processes of democratic modernization and update of Uzbekistan to new level, the press service of the party said.

Bakhtiyor Yakubov, head of faction of UzLiDeP in the Legislative Chamber of Oliy Majlis of Uzbekistan, said that the law is directed at further democratization of the system of the government, improving constitutional mechanisms of important principles of state governance, ensure independence and equality of legal, executive and judicial powers, balancing their authorities and effective functioning of checks and balances between them.

If to review constitutional and political development of Uzbekistan during independence years based on Uzbek model of reforms, it can be seen that the country introduces and strengthens important principle of democratic legal country – principle of checks and balances in the system of the government and state governance.

This principle should ensure deterrence and mutual control between powers and it is important guarantee to avoid concentration of the authorities in hand of one power and it is important condition for democratic development, support rule of law, balance of interest in the society. That’s why Uzbekistan paid a priority attention to gradual formation of the system of checks and balances in the government and state governance.

Tolqin Tursunov, a member of UzLiDeP faction and deputy chairperson of the Committee on legislative and judicial-legal issues at Legislative Chamber, said in line with the Concept of the President, Uzbekistan implemented a complex of gradual and systematic implementation of this constitutional principle. In 2011, Uzbekistan adopted a law “On introduction of changes, amendments to separate articles of the Constitution of Uzbekistan (Articles 78, 80, 93, 96 and 98). In line with this law, new constitutional order was set, which envisages appointment of the Prime Minister. The clause says that candidacy of Prime Minister is offered by political part, which won elections, or several parties, which received equal number of parliamentary seats.

This led to principle changes to the system of forming and functioning of executive power. The key role here was given to the political parties, which are part of civil society. It implements constitutional mechanism of direct democracy, envisages in the Constitution.

Second, the vote of no confidence to the head of the government – Prime Minister – was set in parliamentary practice. This institute was introduced to expand authorities of the government in implementation of the laws by executive power and help to raise of legislative power in political system of Uzbekistan, as well as responsibility of the Government for execution of the laws.

Third, President will not be able to adopt decisions in those issues, which related to the jurisdiction of the Cabinet of Ministers of Uzbekistan.

Fourth, the article 93 of the Constitution says that President appoints and fires khokims of the regions and Tashkent city on proposal of the Prime Minister. This built a complete system of executive power led by the Prime Minister. Other amendments, introduced to the Constitution in 2011, also played principle importance in deepening democratic reforms in Uzbekistan.

Several significant laws were adopted in line with fundamental innovations, introduced to the Constitution, which were directed at improving activities of the parliament, strengthening institutions of representative democracy, strengthen role, authority, and control functions of the partliament as importance part of checks and balances.

In particular, changes and amendments were introduced to laws “On regulation of the Legislative Chamber of Oliy Mjalis of Uzbekistan” and “On political parties”. Now, the committees of the lower house of the parliament cannot issue its conclusion without opinions and offers of political factions. This norm significantly expanded rights of factions in participation in development of the law in all stages of law-making and helped them to form their position based on their programme goals and interests of voters, and protect their positions. Improving law-making process at lower house of the parliament through expanding rights and authorities of factions of political parties in legislative activities strengthened role of the parties and responsibility in adopting the laws.

Besides, MPs Groups of the political parties in places were given additional rights to introduce proposals on candidacy of chairpersons of the Councils of People’s Deputies, deputy chairpersons, members of the commission and committees, hear reports of the executive bodies on their activities. At the same time, the law envisages that issues, submitted by party groups to legislative power, should be considered on mandatory mode.

These adopted laws have great importance in further strengthening and improving efficiency of the system of checks and balances at the level of the parliament and government, as well as at the level of executive and representative bodies in places. In one word, they play important step in further development of representative democracy, conducting parliamentary and MPs control over activities of the state bodies.

Maruf Usmanov, a member of UzLiDeP faction in the Legislative Chamber of Oliy Majlis of Uzbekistan, said that the level of development of national statehood, dynamic processes of democratization and liberalization of society, strengthen multi-party system, more and more increasing political culture and social consciousness of the population, public political activity of citizens put the task of further democratization of state power and administration.

The law “On introduction of changes and amendments to separate articles of the Constitution (articles 32, 78, 93, 98, 103 and 117)”, recently passed by the Legislative Chamber, introduces amendments to strengthen institute of parliamentary and public control. In particular, article 32 of the Constitution determines that citizens of Uzbekistan have right to participate in management of public and state affairs through self-governing bodies, holding referendums and democratic formation of the state bodies. It also introduces norms, which say that this right is implemented through development and improvement of public control over activities of the state bodies. The article 78 of the Constitution is enriched with additional norm, which is directed at strengthening the Constitutional authorities of parliament to conduct parliamentary control.

The article 98 was amended with norm, which envisages that the candidate to the post of Prime Minister should submit action plan of the Cabinet of Ministers for short and long-term perspectives. The government should also submit an annual report on key social-economic development of Uzbekistan. It also strengthens responsibility of the Cabinet of Ministers before the parliament and President.

These norms will play key role in determining positions of the political parties in course and progammes of the government, separate directions of its activities. It will also strengthen multi-party system and inter-parliamentary competition, inter-faction debates.

The changes to article 103 of the Constitution will strengthen role and importance of the representative deputies’ bodies, their real opportunities in life of the society, and significantly improve role of MPs Groups, their MPs Groups in Councils in places in determining concrete priorities of public-political and economic development of the regions. Now, khokims of the regions, districts and cities will present annual reports on key and actual issues of social-economic development of their areas. The Councils of People’s Deputies will adopt corresponding decisions.

These novelties will improve parliamentary control over activities of the state bodies, strengthen their role and place of the parliament in system of the government bodies system, expand authorities and control functions of legislative power over the government, and improves requirements to quality of legislative and control-analytical works of the supreme representative body of Uzbekistan.

Implementation of these and other constitutional initiatives of the President is directed at gradual improvement of the system of checks and balances, create effective mechanisms of activities of both chambers of the parliament and their interaction with the executive body in new democratic conditions. Gradual implementation of these norms will create additional conditions for improving role of political parties in forming executive power bodies and conducting parliamentary control over their activities.

Mirodil Baratov, a member of Expert Council under UzLiDeP faction in Legislative Chamber of Oliy Majlis, said that balanced distribution of authorities among powers, ensure their independence and responsibility, coordinated work and interaction in achievement of goals play important role in efficient functioning of the checks and balances system.

One of novelties of newly adopted law is directed at transferring part of authorities of the President to Prime Minister and clarifying and expanding authorities of the Cabinet of Ministers as a whole. In particular, the Cabinet of Minister is entrusted to hold effective economic, social, financial, monetary-credit policy, develop and implement programmes on development of science, culture, education, healthcare, and other sectors of economy and social sphere. Cabinet of Ministers coordinate and directs work of the bodies of state and economic governance, ensure control over their activities in set order.

The law pays special attention to ensuring stability, succession in the system of the state governance, strengthening guarantees of their independent functioning of the executive power. The article 98 of the Constitution stipulates that Cabinet of Ministers resigns after election of new parliament, but the government will continue work till formation of the new Cabinet of Ministers in line with the decision of the President.

Clause 10 of the article 93 of the Constitution, which sets norm, which envisages that Prime Minister released from his President, was amended with norm, which says that President can realize this norm after Prime Minister resigns in the result of the vote of no confidence by both chambers of the parliament or other cases, stipulated in the legislation.

Abdulhay Muminov, a member of Expert Council of UzLiDeP faction in Legislative Chamber of Oliy Majlis of Uzbekistan, said that it is worth to mention that the system of checks and balances was developed and develops in Uzbekistan gradually, step-by-step, based on principle of succession and taking into account level of development of public-political, social-economic relations, growth of the state and political institutes.

Practice of the state construction of foreign states shows that forcing democratic reforms, hurry transfer to parliament form of governance resulted in destabilization of public-political situation in these countries and undermined main state and democratic values in opinion of people. It is worth to mention that some countries are transferring from two chamber parliament system to one chamber system and vice-versa.

One of main tasks is to ensure sustainable development of the society and the government is connected with ensuring correspondence of adopted laws and norms to trends and needs of conducted reforms. At the same time, the mechanism of checks and balances in Uzbekistan is clearly examined in law processing activities. In line with the article 84 of the Constitution, the law received legal power after it adopted parliament, signed and announced by the President. President has right to veto document. He can return the law with his objections to the parliament. But if two thirds of parliament approves the law without changes, the President should sign and announce it.

The legislation sets cases, when the draft laws, submitted to the parliament, should be agreed with the executive power. Such formula will ensure high democratism of legislative process, determine key role of the legislative power in forming legislative base of the state governance and reforms.

The participants of the meeting underlined that the amendments to Constitution is dictate with logic of political and constitutional development of Uzbekistan and aimed at reviewing activities of the executive bodies, parliament and representative bodies in places. It will help to effectively solve tasks of the state bodies and successful reforms in public-political spheres, which will help to improve well-being of the people.