55. The President of the Republic of Uzbekistan has been the head of State since 1 January 2008. The President of the Republic of Uzbekistan is elected for seven years by the citizens of the Republic of Uzbekistan on the basis of universal, equal and direct suffrage by secret ballot (Article 90, Constitution). Any citizen of the Republic of Uzbekistan who is at least 35 years old, is fluent in the State language and has resided permanently in Uzbekistan for at least 10 years immediately prior to the elections may be elected President of the Republic of Uzbekistan (Article 90, Constitution). As established by the Constitution, the same person may not be President of the Republic of Uzbekistan more than two terms in a row.
56. Under Article 93 of the Constitution, the President of the Republic of Uzbekistan is the guarantor of the rights and freedoms of citizens, of the Constitution and of the laws of the Republic of Uzbekistan. Moreover, the President’s authority also includes the power to do the following:
represent the republic within the country and in international relations;
conduct talks and sign agreements for the Republic of Uzbekistan and ensure that they are adhered to;
form the executive office and direct it;
ensure the interaction of the higher bodies of authority and administration of the republic;
form and abolish ministries, State committees and other bodies of State administration;
appoint and remove judges of oblast, interrayon, municipal, military and economic courts;
the President is the Commander-in-Chief of the Armed Forces of the republic;
form the national security and state control services;
resolve questions of citizenship.
57. The Cabinet of Ministers of the Republic of Uzbekistan implements executive authority. The Cabinet of Ministers consists of the Prime Minister of the Republic of Uzbekistan, his deputies, ministers, State committee chairpersons and the head of government of the Republic of Karakalpakstan.
58. The Cabinet of Ministers is formed by the President of the Republic of Uzbekistan. The appointment of the Prime Minister is subject to the review and approval of the chambers of the Oliy Majlis upon the recommendation of the President after consultations with each of the political party factions represented in the Legislative Chamber of the Oliy Majlis and with the deputies chosen from voters’ initiative groups. The Prime Minister may be removed from office at the initiative of the political party factions in the Legislative Chamber if, when the President of the Republic of Uzbekistan puts the question up for a vote, it receives in both the Legislative Chamber and in the Senate more than two thirds of the votes of the total number of deputies of both chambers.
59. The Cabinet of Ministers manages the economy and the social and spiritual spheres; ensures compliance with the Constitution, the law, other decisions of the Oliy Majlis and decrees, decisions and directives of the President of the Republic of Uzbekistan and, in keeping with prevailing law, publishes decisions and directives that are binding throughout the Republic of Uzbekistan on all bodies, enterprises, organizations, officials and citizens. The activities of the Cabinet are governed by the Constitution of the Republic of Uzbekistan (chapter XX) and the Law on the Cabinet of Ministers of the Republic of Uzbekistan.
60. The Cabinet of Ministers relinquishes its authority with a newly elected Oliy Majlis.
61. (c) Judicial branch. The judiciary in Uzbekistan operates independently of the legislative and executive branches, political parties and other public associations (articles 106–116 of the Constitution of the Republic). Judicial authority in the republic is exercised by the system of judicial bodies:
(a) the Constitutional Court of the Republic of Uzbekistan, which hears cases on the constitutionality of acts of the legislative and executive branches;
(b) the Supreme Court of the Republic of Uzbekistan, which is the highest body of judicial authority in the sphere of civil, criminal and administrative proceedings;
(c) the Higher Economic Court of the Republic of Uzbekistan, which resolves disputes that arise in the economic sphere;
(e) the Economic Court of the Republic of Karakalpakstan;
(f) Oblast, City of Tashkent, rayon, municipal and economic courts.
62. Since 1 January 2000, after the adoption of the presidential decree on upgrading the court system of the Republic of Uzbekistan and after the incorporation of amendments and addenda to the law on the courts, the courts have been specialized to enable separate consideration by them of civil and criminal cases. Thus, the following were formed in the courts of general jurisdiction: the Supreme Court of the Republic of Karakalpakstan for Civil Cases, and the City of Tashkent and oblast and interrayon courts for civil cases.
63. Specialization in the courts of general jurisdiction was also effected for criminal cases. Accordingly, the following were formed: the Supreme Court of the Republic of Karakalpakstan for Criminal Cases, and the City of Tashkent and oblast, rayon and municipal courts for criminal cases.
64. Under Article 112 of the Constitution and the law on the courts, judges are “independent and subject solely to the law. Any interference in the work of judges in administering the law is not permissible and is punishable under the law. The inviolability of judges is guaranteed by law. Judges may not serve as senators or deputies of representative bodies of State authority. Judges may not be members of political parties, participate in political movements, or engage in any other types of paid activities, except those related to science and pedagogy. A judge may be removed from his post before the expiry of the term of his authority on grounds indicated in the law”.
65. Local bodies of State authority. In addition to the above representative and executive bodies of State authority—the Oliy Majlis, the Office of the President of the Republic of Uzbekistan and the Cabinet of Ministers—the system of bodies of State authority also includes local bodies of authority that handle social problems at the oblast, rayon and city levels—the kengash [council] of people’s deputies and the khokim [regional chief administrator]. Their rights and authority are also codified in the Constitution and the law on local state authority. The name of a candidate for oblast khokim is submitted by the President for approval by the oblast kengash of people’s deputies after consultation with representatives of the party groups working in the kengashes. Party groups of oblast kengashes of people’s deputies have the right to initiate the submission to the President of the Republic of Uzbekistan of findings pertaining to the unsatisfactory work of an oblast khokim.
66. The khokims of all levels exercise their authority on the basis of the principle of one-man management. A khokim, within the limits of the authority vested in him, makes decisions that are binding on all enterprises, institutions, organizations and associations, as well as officials and citizens, in the relevant territory (Article 104 of the Constitution of the Republic of Uzbekistan).
67. The local representative bodies—the kengashes of people’s deputies—exercise their functions under the management of the khokim.
Electoral system of the Republic of Uzbekistan 68. In the Republic of Uzbekistan, the foundation of the electoral system and its principles are codified in the Constitution, one of whose chapters is devoted entirely to the electoral system (XXIII), and in the laws on the referendum in the Republic of Uzbekistan (1991), on the election of the president (1991), on elections to the Oliy Majlis (1993), on elections to oblast, rayon and city councils of people’s deputies (1999), on suffrage guarantees (1994) and on the Central Electoral Commission.
69. Codifying the principle of electivity, the Constitution establishes the following for every citizen:
the right to vote and to be elected to representative bodies of State authority;
equality and freedom of expression;
the right to be a deputy in no more than two representative bodies simultaneously.
70. Constitutional rights are enjoyed by every citizen who reaches the age of 18. An exception is established by Constitutional law only for a specific category of persons. The following may not participate in elections:
citizens who are declared by a court to be legally incompetent;
persons who are in prison.
71. Based on the results of the most recent Republic of Uzbekistan presidential elections, which were held on 23 December 2007, more than 16 million people have suffrage in the country.
Information on the number of voters in the period 2002-200721
72. Suffrage in the Republic of Uzbekistan is given to its citizens only. Foreigners and stateless persons do not have such a right.
73. The law of the Republic of Uzbekistan on elections to oblast, rayon and city councils of people’s deputies codifies the basic principles underlying elections:
the multiparty basis of elections;
universal, equal and direct suffrage;
the secret ballot;
74. All voters have the same legal status. All citizens of Uzbekistan, regardless of their social origin, race, ethnic origin, sex, language, education, personal status, social status, or property status, have equal suffrage.
75. Under Uzbekistan law, when persons are nominated for deputy posts, women must constitute at least 30% of those nominated for the posts.
76. The electoral system of Uzbekistan is one of the features of the majority rule system. In the law on elections to the Oliy Majlis, a person is regarded as elected if more than half of the voters who took part in the elections voted for that person.
Legal status and legal regulation of the activities of non-governmental organizations 77. To date, the Ministry of Justice of the Republic of Uzbekistan and its local structural subdivisions have officially registered 1,587 non-governmental non-commercial organizations (NGOs) and have recorded the existence of 3,446 such organizations. The legal regulation of non-governmental non-commercial organizations is based on both public and private law.
78. The State is pursuing a policy of social partnership and is actively developing civil-society institutions. Under the law on guarantees for the activities of non-governmental non-commercial organizations, the State may provide support for the activities of non-governmental non-commercial organizations in the form of subsidies, grants and the procurement of social services. In June 2005, the National Association of Non-Governmental Non-Commercial Organizations of Uzbekistan was formed, and it represents the interests of those organizations in interactions with the State. Also created was the Fund for the Support of Non-Governmental Non-Commercial Organizations of Uzbekistan.
79. The Republic of Uzbekistan has adopted a number of legislative measures that codify and support the activities of non-governmental organizations: the Constitution of the Republic of Uzbekistan, the Civil Code, the law on public associations, the law on non-governmental non-commercial organizations, the law on public foundations, the law on homeowners’ associations, the law on citizens’ self-governing bodies, the law on the election of chairmen (aksakals) of citizens’ self-governing bodies, the law on guarantees for the activities of non-governmental non-commercial organizations and the law on charities. The Constitution contains a separate chapter (Chapter XII) devoted to public associations.
80. Under the Constitution, the State ensures the observance of the rights and lawful interests of public associations and creates for them equal legal opportunities to participate in public life. The interference of State bodies and officials in the activities of public associations is, like the interference of public associations in the activities of State bodies and officials, prohibited. Article 57 of the Constitution “prohibits the creation and functioning of public associations that have a goal of changing the Constitutional order by force; that oppose the sovereignty, integrity and security of the republic, as well as the Constitutional rights and freedoms of its citizens; that promote war and social, national, racial and religious enmity; and that encroach on the health and morals of the people, as well as national and religious paramilitary associations.
81. “The creation of secret societies and associations is prohibited.”
82. The principal agency for the registration of non-governmental non-commercial organizations is the Ministry of Justice.
83. Thus, under the law on non-governmental non-commercial organizations, the justice agency that accepts the documents for the State registration of a non-governmental non-commercial organization must, within two months, review them and decide whether to register the non-governmental non-commercial organization with the State and must, within three days after its decision, issue to the founders a certificate of State registration or a document that indicates the specific provisions of the law whose violation resulted in the denial of State registration. Under the Constitution (Article 62), the dissolution, prohibition, or restriction of the activities of public associations may take place solely on the basis of a court decision.
84. Article 2 of the law on non-governmental non-commercial organizations clearly and consistently specifies that an organization is regarded as non-commercial if:
(a) its main purpose is not to derive income (profits);
(b) it does not distribute received income among its participants.
85. Non-governmental non-commercial organizations are taxed as legal entities, minus the funding for socially constructive (charter) activities. The income (profits) tax is paid only on business activities.
System of administration of justice 86. The Constitution of the Republic of Uzbekistan codifies the fundamental principles underlying legal proceedings and the administration of justice:
independence of the court, and inviolability of the judges (articles 106 and 108);
independence of judges, and their subordination solely to the law (Article 112);
prohibition against a judge simultaneously holding a deputy’s seat (articles 108 and 112);
prohibition against a judge holding membership in a political party or movement (articles 108 and 112);
openness and transparency of the adjudication of cases in all courts; the closed hearing of a case is allowed in only those instances established by law (Article 113);
legal proceedings held in the State language and in the national languages of the majority in a given locale (Article 15);
participation of an attorney in all stages of the preliminary investigation and the legal proceedings (Article 116);
binding nature of judgments on all State agencies, enterprises, institutions and organizations, public associations, officials and citizens (articles 109, 110 and 114).
87. The court system of the Republic of Uzbekistan is relatively complex. It consists of three levels, because the country includes the Republic of Karakalpakstan and 12 oblasts. In addition, the Tashkent Municipal Court holds the status of an oblast court and is superior to district courts located within the city limits of the republic’s capital.
88. There are several courts for the consideration of cases in the Republic of Uzbekistan. For example, a district criminal court or an inter-district criminal court performs only one function—that of a court of first instance. The Supreme Court of the Republic of Karakalpakstan, the oblast courts and the Tashkent Municipal Court hear cases within their jurisdiction as courts of first instance, as appeals courts, as cassation courts and in exercise of supervisory power. They supervise judicial activities of district (municipal) and inter-district courts (Article 30 of the law on the courts). Also, the Supreme Court, being the highest judicial authority in civil, criminal and administrative law, has the authority to hear cases both as a court of first instance and in exercise of supervisory power. Moreover, cases considered by the Supreme Court at the level of first instance may be considered by it on appeal and in cassation. A case considered on appeal may not be considered in cassation (Article 13 of the Law on the Courts).
89. Any case may be considered at the appropriate judicial instance on the basis of specific procedural rules, with a precisely defined purpose. Accordingly, in the Republic of Uzbekistan, the procedural rules are codified in a series of regulations: the Criminal Procedure Code (1994), the Code of Civil Procedure (1997) and the Economic Procedure Code (1997).
90. In general, a case may be considered at two instances—the first and the second instances. A re-hearing of cases in the exercise of supervisory power is not regarded as a third instance, because it is allowed under special circumstances.
91. The consideration of a case by a court of first instance is an examination of the case on its merits for the purpose of convicting or acquitting the person brought to trial in a criminal case or allowing a claim or disallowing it in a civil case. First-instance cases may be considered by all courts within their competence.
92. Cases that are more complicated are heard by superior courts, all the way to the Supreme Court of the Republic of Uzbekistan.
93. For the examination of a case on its merits, it is typical that a court, without or without the participation of people’s assessors,22 analyzes the evidence and establishes all the facts important to the case. As a result of the examination of a criminal case, the court passes a sentence, whereas it hands down a decision in a civil case.
94. Judgments, before entering into force, may be appealed in a higher court within 10 days after the rendering of the judgment for criminal cases and within 20 days for civil cases.
95. Decisions and sentences that have entered into force, but have not been considered on appeal may be appealed in a higher court on cassation within one year after the decision was rendered by the court.
96. Also, judgments that have entered into force may be reviewed in the context of the exercise of supervisory power, but only upon a protest lodged by a procurator, a chairman of the court, or their deputies to whom that right is granted under Republic of Uzbekistan law.
9 7. Constitutional Court proceedings must conform to the law on the Constitutional Court of the Republic of Uzbekistan.