Alimjon Akilov
The year 2016 for Uzbekistan was marked by the beginning of a fundamentally new stage of state and social construction, in essence and content, with the main strategic goal proclaimed as the construction of a New Uzbekistan. This was based on the values that led to the greatest flourishing of our statehood in the 9th-10th centuries (known in world history as the First Eastern Renaissance) and the 14th-15th centuries (Second Eastern Renaissance). As in previous periods, the foundation and priorities of the Third Renaissance of our statehood are the development of science and modern technologies, which are intended to become drivers of dramatic economic development, a radical improvement in the well-being of the people, and the prosperity of the nation.
At the same time, a new paradigm of relations between the state and the individual was formed and is gradually being introduced, where the highest value is the person, their life, freedom, honor, dignity, and other inalienable rights, with the principle of the supremacy of human rights being proclaimed.
This philosophy was reflected in the development strategies of New Uzbekistan adopted during this period, where the basic principle of the state was established: “Everything for the people, everything for the benefit of the people.” Based on this postulate, the main guideline for state policy and government bodies was determined: “It is not the person who serves the state, but the state that serves the person.”
For this purpose, the legislative foundations of the system for ensuring the constitutional rights of citizens, formed at the dawn of independence, were completely revised.
Among the initial steps taken by the President of Uzbekistan, Sh.M. Mirziyoyev, was the idea of the need to adopt an Electoral Code that would ensure convenient use of citizens’ voting rights, which were enshrined in numerous and disparate legislative acts. As a result of the systematization and modernization of five basic laws and many by-laws, as well as departmental documents of the Central Election Commission of the Republic of Uzbekistan, the Electoral Code of the Republic of Uzbekistan was developed and came into force on June 26, 2019.
One of the important purposes and significances of the Electoral Code was to consolidate, firstly, the following basic principles of electoral rights, which are fully consistent with international standards and the best democratic practices of developed countries: universality of the right to vote, equal suffrage, direct suffrage, secret ballot, and freedom of elections.
Secondly, the basic principles of the electoral system of the Republic of Uzbekistan include openness and transparency of elections.
A number of other important innovations in the electoral legislation should be highlighted:
- The rule limiting the participation in elections of persons held in prison for crimes that do not pose a great public danger and less serious crimes has been excluded. This innovation is a significant step in guaranteeing the voting rights of citizens. Additionally, the provision on creating conditions for citizens with disabilities to exercise their voting rights deserves attention.
- The introduction of a single electronic list of voters of the Republic of Uzbekistan, and the introduction of a single ballot paper for voting on election day.
- The creation of the possibility for voters to affix their signature in support of several candidates or parties during the collection of signatures by political parties.
Another priority of the constitutional reform was strengthening the role of the Parliament of Uzbekistan—the Legislative Chamber and the Senate of the Oliy Majlis of the Republic of Uzbekistan—in the system of state power by revising their main tasks in the context of the updated Constitution.
The significance
First, in order to form an effective parliament and optimize the activities of the upper chamber based on its primary purpose—regional representation—steps were taken to preserve a unique and effective platform for interaction and coordination of the activities of the Kengashes of people’s deputies. This eliminated parallelism in the activities of the chambers of the Oliy Majlis. In line with the administrative reforms of New Uzbekistan, the upper house of parliament, the Senate, was modernized, and the powers of the lower house of parliament, the Legislative Chamber, were strengthened.
In the 1992 edition of the Constitution, 5 exclusive powers were assigned to the Legislative Chamber. In the new edition of the Constitution, this number increased to 12. The number of exclusive powers of the Senate also increased, from the current 14 to 18.
Second, the number of Senate members was optimized from 100 to 65. These members will be elected in equal numbers—4 people from each of the 14 regions—at meetings of deputies of the Jokargy Kenes and local Kengashes from among their deputies. Additionally, 9 members of the Senate will be directly appointed by the President.
In this process, foreign experience in forming the composition of representative government bodies was taken into account. For example, in other countries with bicameral parliaments, out of 83 such systems, 29 countries have upper houses with up to 49 members, 31 countries have 50–99 members, and 23 countries have 100 or more members. For instance, the Senate of Kazakhstan has 50 members, Tajikistan has 33, and Belarus has 64. Regarding upper house members appointed by heads of state, Italy appoints 5, Belarus and Tajikistan 8, Kazakhstan 10, and Ireland 11.
Third, the consideration and approval of the Prime Minister’s candidacy have been established as the exclusive authority of the Legislative Chamber.
This innovation was introduced based on parliamentary practices from countries such as Germany, the Czech Republic, Russia, Belarus, and Kazakhstan.
The control powers of parliament have been revised and redistributed, with certain forms of control removed from the Senate’s powers (such as monitoring the execution of the State Budget, hearing the annual report of the Cabinet of Ministers, and hearing the report of the Prime Minister on the socio-economic development of the country). These powers have been consolidated as the exclusive domain of the Legislative Chamber.
Fourth, while the Senate’s control powers have been reduced, other powers have been simultaneously expanded, including the transfer of several presidential powers and a strengthening of its role in coordinating the activities of representative government bodies at the local level. In particular:
- The Senate now elects, on the recommendation of the President, the heads of the Supreme Judicial Council, the national anti-corruption body, and the national anti-monopoly authority.
- It also approves Presidential decrees on the formation and abolition of ministries and other national executive bodies.
Additionally, the Senate is entrusted with the authority to perform parliamentary functions in adopting laws (except for the Constitution and constitutional laws) during periods of temporary absence of the Legislative Chamber, such as when its powers are terminated early (dissolution).
The Senate’s control over regulatory, law enforcement, and intelligence agencies has also been strengthened. For example, the President’s appointment of the Prosecutor General and the Chairman of the Accounts Chamber now requires Senate approval, and the appointment of the Chairman of the State Security Service must follow consultations with the Senate.
Fifth, to further improve the system of checks and balances within the state power mechanism, the chambers of the Oliy Majlis have been given the power to dissolve themselves. This decision requires the approval of at least two-thirds of the total number of deputies in the Legislative Chamber or members of the Senate (Articles 94 and 95).
This self-dissolution power exists in several other countries, such as Israel, Bulgaria, and Turkmenistan. In some nations, parliaments can dissolve themselves based on a simple majority, as seen in Austria, Croatia, Hungary, and Turkey; by a qualified majority, as in Bosnia and Herzegovina and Cyprus; by a two-thirds majority, as in Kyrgyzstan and Poland; or by a three-fifths vote of elected members, as in Lithuania.
Sixth, the control powers of the chambers of the Oliy Majlis are being expanded, including the power to conduct parliamentary inquiries. Notably, the role of the Oliy Majlis in fighting corruption is being strengthened by granting the chambers the authority to hear the annual National Anti-Corruption Report.
The Uzbekistan-2030 Strategy is also aimed at creating a new look for the parliament of Uzbekistan.
In Direction IV, “Ensuring the Rule of Law, Organizing Public Administration Focused on Serving the People,” paragraph 4.1 outlines “Reforms to Organize Public Administration Focused on Serving the People and Improve Public Administration,” which calls for a further increase in the role of the Oliy Majlis and political parties in the construction of New Uzbekistan. In the initial stages, the following measures are planned:
First, to ensure the digital transformation of the work processes of parliament and its bodies, including the 100% digitalization of the processes of making and promulgating decisions.
Second, to enable electronic communication with voters, allowing for the sending and monitoring of deputy requests in electronic form.
Third, to introduce a procedure for submitting and considering proposals for legislation.
Fourth, to implement a mixed (majority-proportional) system of elections to representative bodies in order to further enhance the role of political parties in the process of deepening democratic reforms and modernizing the country.
This last measure is enshrined in the Electoral Code of the Republic of Uzbekistan.
At the same time, we are clearly aware of the possibilities for further improving parliamentary activities, especially in terms of strengthening parliamentary control.
One of the tasks in this area is the development and legislative consolidation of clear procedures for implementing all forms of parliamentary control for members of parliament. Here, the main expectation is primarily connected with the institution of parliamentary investigation, which can become an effective tool if clear grounds for conducting a parliamentary investigation are developed and legislatively consolidated. This should include a detailed procedure and process for its conduct, which in foreign practice resembles the procedure for criminal prosecution.
Another task of the new parliament should be to further strengthen parliamentary financial control.
We expect that the parliament will not only approve the main parameters of the state budget but will also:
- Actively participate in the formation of the draft state budget before its submission to the country’s parliament.
- Have the opportunity to make all necessary changes and additions to the parameters of the state budget from the electorate’s perspective.
- Conduct systematic monitoring and control over the efficiency of budget fund spending (with the determination of specific performance indicators, based on which appropriate adjustments could be made), including the right to suspend and reduce funding for ineffective projects.
Of course, addressing these and other pressing issues related to the formation of a new look for the country’s parliament will ensure the further development of modern parliamentarism in the Republic of Uzbekistan. It will also strengthen the role and position of parliament within the system of state power and administration, contributing to the achievement of the strategic goal of state building: the construction of a democratic legal state.
*Alimjon Akilov is the Chief Researcher at the Institute of Legislation and Legal Policy under the President of the Republic of Uzbekistan and holds a Doctor of Legal Sciences degree.
**The opinions in this article are the author’s own and may not represent the views of The Diplomatic Insight. The organization does not endorse or assume responsibility for the content.
