B. Eshonov
Chairman of the Constitutional Court of Uzbekistan

 

The Independence and Effectiveness of the Decisions of the Constitutional Court of Uzbekistan

The Constitutional Court of Uzbekistan has been established in 1995 December. A real opportunity to establish a rule of law state appeared in Uzbekistan through the establishment of the specific body of constitutional review. It was for the first time, that there was established an institute, the basic goal of which is the guaranteeing of supremacy of Constitution and laws, real separation of powers, protection of human rights, mutual responsibility of the state and a citizen, the protection of the society from the arbitrary functioning of the authorities.

The establishment of the Constitutional Court was conditioned by the economic, political and legal factors. Whereas the following principles were put in the basis of the strategy of the transition to the market relations: the regulatory role of the state, the supremacy of the Constitution and laws, powerful social policy, consistency of the transition to the market economy.

The social life gave birth to the new ideas of reforming the legal system and of the improvement of the legislation.

The independence of the Constitutional Court is guaranteed by the constitutionally established order of election of members of the Constitutional Court, their immunity, legal procedure of solution of cases, responsibility for interference to the activity of the Court.

The Constitutional Court of the Republic of Uzbekistan:

- determines the compatibility of the Constitution of the Republic of Uzbekistan with laws of the Republic of Uzbekistan and other

acts adopted by the Parliament of the Republic of Uzbekistan, decrees of the President of the Republic of Uzbekistan, resolutions of the government and local organs of governmental power, and inter-governmental treaties and other obligations of the Republic of Uzbekistan, as well as normative acts adopted by the General Prosecutor,

- provides findings on the accordance of the Constitution of the Republic of Karakalpakstan with the Constitution of the Republic of Uzbekistan, and the laws of the Republic of Karakalpakstan with the laws of the Republic of Uzbekistan,

- provides interpretation of the norms of the Constitution and laws of the Republic of Uzbekistan,

The Parliament, the President of the Republic, the Chairman of the Parliament, at least one forth of the deputies of the Parliament, the Chairman of the Supreme Court, the Chairman of High Commercial Court and the General Prosecutor are entitled to appeal to the Constitutional Court. A case may be initiated also by at least three members of the Constitutional Court.

The legislation of the Republic of Uzbekistan does not provide for an opportunity for the citizens to appeal to the Constitutional Court. But it has been developed a Statute on the examination of the appeals of citizens to the Constitutional Court. During 6-years activity of the Court, there were 2000 applications by the citizens to the Constitutional Court. As a consequence, many issues, which have been raised in the applications of the citizens, have been examined by the Constitutional Court on the basis of the initiative of at least free members of the Court.

The laws and other regulatory acts, recognized by the Constitutional Court as unconstitutional have no legal force from the moment of the adoption of the decision of the Constitutional Court. Decisions of the Court are final and not subject to appeal.

According to the Law on the Constitutional Court, the later itself can revise its decisions, if new circumstances, unknown at the moment of the adoption of the decision, have been revealed, or if the constitutional provision, according to which the decision has been adopted, is amended.