Legal foundations for introducing amendments to the Constitution of the Republic of Uzbekistan

26.06.2022 10:53

President Shavkat Mirziyoyev, at a solemn event held on December 7, 2021, on the occasion of the 29th anniversary of the adoption of the Constitution, noted that the current rapidly changing time requires us to act and change in tune with it.

The constitution must meet modern requirements. It is necessary to prepare a draft of the updated Basic Law, submit it for public discussion and improve it by taking into account the proposals put forward. The adoption of this important political document in 2022, during the celebration of the 30th anniversary of the Constitution of the Republic of Uzbekistan, will be a deed worthy of the traditions of our national statehood, reflecting the interests of the people.

The Constitution of Uzbekistan was adopted on December 8, 1992 – in the first years of the country’s independence. Over the past period, Uzbekistan has been carrying out large-scale reforms in social protection of the population that meet international standards, taking into account all the positive achievements of world civilization, international legal criteria and requirements. There is a legal basis for introducing amendments to the Constitution of the country.

Social state and its features

Many countries of the world define themselves as social states. Article 7 of the Constitution of the Russian Federation stipulates that the Russian Federation shall be a social state whose policy is aimed at creating conditions ensuring a worthy life and free development of Man. Article 1 of the Constitution of the Republic of Belarus also states that the country is a social state. This is enshrined in the constitutions of Sweden, China, and India.

The term “social state” was first introduced in 1850 by the German scientist, Professor Lorenz von Stein. From his point of view, the social state is obliged to maintain absolute equality in rights for all social classes, for an individual self-determined personality through its power. The state is obliged to contribute to the economic and social progress of all its citizens. He believed that the state should establish social equality and individual freedom, to raise the lower and needy classes to the level of the rich and powerful.

The signs and functions of a social state are support for socially needy segments of the population, the fight against unemployment, assistance to young entrepreneurs, ensuring employment of the population and regular growth of its income, social insurance for all members of society, providing opportunities for education, healthcare, spiritual and cultural development, social protection of the needy, as well as mitigating social inequality in society, creating decent living conditions through the redistribution of benefits and the provision of social services. All this serves as a legal basis for defining the social state. Social guarantees should not exceed certain standards and should not leave any category of the population dependent.

Social protection means extending a helping hand in difficult times, helping the weak and needy. Nizomulmulk stated in his work “Siyosatnoma” that justice and generosity are manifested in mercy, helping the poor and needy, allocating benefits for them from the treasury, and observing human rights. The powerful state founded by Amir Temur also acted based on the principles of humanism and compassion. As stated in the Code of Temur, people who were enlightened and had professions were taken to state work, assisted merchants and farmers who found themselves in a difficult situation, as well as citizens who lost their homes.

The great thinker Alisher Navoi’s good deeds in Herat are another striking evidence. Navoi worked in various government positions and spent almost all his funds on science and education, improving the lives of the poor and needy. And there are many such examples.

Large-scale reforms are being carried out in Uzbekistan in all directions. Social policy is implemented through social protection, assistance, social guarantees and provision.

M. Ziyadullayev,

Head of Department at a Specialized Branch,

Tashkent State University of Law, Associate Professor

UzA

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