6.10. The updated Constitution is supplemented by 65 percent with new norms and articles and includes institutional changes, the total modernization of separation of powers with greater empowering the Parliament, enhancing the responsibility and accountability of the Government, giving up some of the powers of the President in favor of the Parliament. Some of these articles are related to the reform of the system of state power, according to which specific terms of office are introduced for the positions of the Speaker of the Legislative Chamber, the Chairman of the Senate, the President of the country, the Chairman of the Supreme Court, the Prosecutor General and others.
In the event that these changes receive the support of the people during the referendum, then this new order will come into force, and said officials will be eligible to be appointed or elected to these positions in the future.
6.11. A separate chapter is introduced into the Constitution devoted to the institution of the Bar and establishing guarantees for the activities of lawyers (Chapter XXIV).
Required amendments:
– the activity of the bar is based on the principles of legality, independence, and self-government (Article 141);
– the interference in the activities of a lawyer in the exercise of his professional duties is not allowed;
– the lawyer is provided with conditions for unhindered and confidential meetings, and consultations with his client;
– a lawyer, his honor, dignity, and professional activity are under the protection of the state and protected by law (Article 142).
VII. Strengthening the constitutional foundations for the formation and development of civil society institutions, and their active participation in managing the affairs of society and the state.
Required amendments:
– the title of Chapter XIII “Public Associations” is changed to “Institutions of Civil Society“, which indicates the expansion of the circle of subjects reflected in this chapter of the Constitution;
– for the first time the definition of civil society institutions is given (Article 69);
– The Constitution is supplemented with new norms, according to which the state guarantees the freedom of the media, and their rights to search, receive, use, and disseminate information (Article 81);
The adoption of these constitutional amendments will help to further ensure freedom of speech in the country, openness and transparency in government activities, and increased accountability of media representatives for the information services they provide. Ultimately, this will contribute to raising the dialogue between society and the state to a qualitatively new level.
– implementation of measures to support civil society institutions, ensuring their participation in the development and implementation of programs for socio-economic development and social partnership are defined as the most important tasks of the Government (Article 115).
VIII. The constitutional amendments aim to strengthen the democratic principle and the constitutional foundations of people’s (direct) democracy.
Required amendments:
– a new type of right of legislative initiative is introduced – a legislative proposal. This right of legislative initiative can now be used by citizens who have the right to vote, in the amount of at least 100 thousand people, as well as the Senate of Oliy Majlis, Commissioner for Human Rights (Ombudsman) and CEC (Article 98);
Consolidation at the constitutional level of the institution of citizens’ appeals with legislative proposals to parliament:
firstly, it will expand the limits of citizens’ participation in the management of state affairs, allowing the people, as a direct lawmaker, to initiate the solution of systemic problems by improving legislative acts;
secondly, it will create real opportunities for every citizen of the country, as the initiator of reforms, to directly influence the process of making important decisions in the life of society and the state.
Similar norms are contained in the constitutions of Switzerland, Austria, Spain, Italy, Brazil, etc. For example, in Italy 50,000 voters can submit to the chairman of one of the chambers of the Italian parliament a bill in the form of an article-by-article text, accompanied by an explanatory report.
– such principles of formation and execution of the State budget as openness and transparency are fixed. Citizens and institutions of civil society are granted the right to exercise public control over the formation and execution of the State budget (Article 148);
The “Open Budget” state system being implemented today in our country creates opportunities for real implementation of effective public control over the budget process, obtaining complete and reliable information about the features of financial support for the tasks and functions of the state. This innovation will involve citizens and civil society institutions in the processes of forming the state budget, determining its revenue and expenditure parts, and implementing budget legislation.
– at the constitutional level, the right of citizens’ self-government bodies to independently and within the framework of the law to resolve issues of local importance based on the interests of citizens, historical features of development, as well as national and spiritual values, local customs and traditions are fixed (Article 127).
In general, in connection with the amendments and additions made, the number of articles of the Basic Law is increased from the current 128 to 155, and the scope of the norms of the Constitution – by 65%.
The adoption of the new Constitution will lay a solid foundation for the further improvement of the well-being of the people, and the accelerated development of the state and civil society based on the principle” In the name of human honor and dignity“.
/// nCa, 24 March 2023 [in cooperation with embassy of Uzbekistan in Turkmenistan]