In accordance with Article 83 of the Constitution of the Republic of Uzbekistan the President of the Republic of Uzbekistan as a legislative initiative submits to the Legislative Chamber of Oliy Majlis the draft Constitutional Law “On strengthening the role of political parties in the renewal and further democratization of state governance and modernization of the country”, as well as the draft law “On introducing amendments to particular articles (Art.89; Clause 15 of Article 93; P.2 of Article 102) of the Constitution of the Republic of Uzbekistan”.
The texts of these draft laws, as well as the Commentaries on them are proposed below.
Draft
Constitutional Law Of The Republic Of Uzbekistan
On strengthening the role of political parties in the renewal and further democratization of state governance and modernization of the country
Article 1. The purpose of the Law
The purpose of this Law is to strengthen the role of political parties in the renewal and further democratization of state governance and modernization of the country.
This Law is the basis for introducing the relevant amendments to the Constitution, as well as changes and additions to the current legislation of the Republic of Uzbekistan.
Article 2. Factions of political parties in the Legislative Chamber
The faction of a political party is an association of deputies (members of parliament), which is established by deputies from a political party to express its interests in the Legislative Chamber, and registered in the prescribed order.
The faction of a political party which gains the majority seats in the Legislative Chamber makes up a parliamentary majority.
The parliamentary majority may also consist of several factions of political parties and deputies elected from the initiative groups of voters who establish a bloc based on the similarity or coincidence of their program objectives.
The factions of political parties as well as the deputies elected from the initiative groups of voters which do not share the course and program of the newly formed government, or some of its parts, may declare themselves as an opposition.
Association of factions of political parties into a bloc does not restrict their independence in exercising the rights envisaged by Law.
The faction of a political party which proclaimed itself as a parliamentary opposition along with the powers envisaged by Law has the following rights:
to propose a draft law in an alternative edition together with a report on the relevant issue of the responsible committee of the Legislative Chamber;
to record its special opinion on the issues under discussion in the protocol of a plenary session of the Legislative Chamber;
to a guaranteed participation of its representatives in the conciliatory commission on law which is rejected by the Senate of Oliy Majlis of the Republic of Uzbekistan.
The rights of a parliamentary opposition guaranteed by Law cannot be infringed by the parliamentary majority.
A deputy nominated from a political party and elected to the Legislative Chamber can be a member of the faction of this party only.
Article 3. The procedure for the election of Deputy Speakers of the Legislative Chamber
The Legislative Chamber elects the Speaker of the Legislative Chamber and Deputy Speakers from among its members.
The Deputy Speakers of the Legislative Chamber are elected by secret ballot by the majority of votes of the total number of deputies for the term of powers of the Legislative Chamber.
The faction of a political party, formed in the Legislative Chamber, has a guaranteed right for one of its representatives to take post of one of the Deputy Speakers of the Legislative Chamber.
For the post of the Deputy Speaker of the Legislative Chamber a faction of a political party, as a rule, nominates the candidature of a head of its faction.
In case of non-election of the candidature of the political party to the position of the Deputy Speaker of the Legislative Chamber, the faction of the political party has the right to nominate another candidature from among the members of its faction.
The Deputy Speaker of the Legislative Chamber can be elected to one of the committees of the Legislative Chamber.
Article 4. The procedure of appointment of the Prime Minister of the Republic of Uzbekistan
The candidature of the Prime Minister of the Republic of Uzbekistan is recommended by the President of the Republic of Uzbekistan for approval by the Legislative Chamber and the Senate of Oliy Majlis of the Republic of Uzbekistan after holding consultations with each of the factions of political parties represented in the Legislative Chamber of Oliy Majlis of the Republic of Uzbekistan, and deputies elected from the initiative groups of voters, within a month after the election of office holders and the formation of the bodies of chambers of Oliy Majlis of the Republic of Uzbekistan.
The candidature of the Prime Minister of the Republic of Uzbekistan is recognized as approved if the candidate gains the majority of votes of the total number of deputies of the Legislative Chamber and members of the Senate of Oliy Majlis of the Republic of Uzbekistan.
If in the voting in the Legislative Chamber or the Senate of Oliy Majlis of the Republic of Uzbekistan on the candidature of the Prime Minister of the Republic of Uzbekistan it was impossible to gain a majority of votes of the total number of deputies of the Legislative Chamber or the members of the Senate of Oliy Majlis of the Republic of Uzbekistan, the President of the Republic of Uzbekistan, after additional consultations with factions of political parties and deputies elected from the initiative groups of voters, has the right yet to recommend twice the candidatures to the post of the Prime Minister of the Republic of Uzbekistan.
In the case of triple rejection of the recommended candidature of the Prime Minister of the Republic of Uzbekistan by the Legislative Chamber or the Senate of Oliy Majlis of the Republic of Uzbekistan, the President of the Republic of Uzbekistan appoints an Acting Prime Minister of the Republic of Uzbekistan, dissolves the Oliy Majlis of the Republic of Uzbekistan or one of its Chambers.
In the case of the dissolution of the Legislative Chamber, the Senate of Oliy Majlis of the Republic of Uzbekistan, new elections shall be held within three months of the date when the decision on dissolution was adopted.
Article 5. The procedure for dismissal of the Prime Minister of the Republic of Uzbekistan
The Prime Minister of the Republic of Uzbekistan is dismissed from the post by the President of the Republic of Uzbekistan:
à) according to an application from the Prime Minister to resign;
b) in case it becomes impossible for the Prime Minister to execute his powers;
c) in case insuperable disagreements within the Cabinet of Ministers of the Republic of Uzbekistan emerge threatening its normal functioning, as well as the repeated adoption of resolutions by the Cabinet of Ministers that contradict the Constitution, the laws of the Republic of Uzbekistan, the decrees and resolutions by the President of the Republic of Uzbekistan;
d) upon the initiative of factions of political parties in the Legislative Chamber submitted for consideration by the President of the Republic of Uzbekistan.
The President of the Republic of Uzbekistan takes a decision on dismissal if this initiative shall be supported with necessary substantiation by the leading factions of political parties of the parliament and when this initiative is put to vote by the President of the Republic of Uzbekistan in the Legislative Chamber and the Senate of Oliy Majlis of the Republic of Uzbekistan it gains the votes of more than two thirds of the total number of deputies in the Legislative Chamber and the Senate, respectively.
Dismissal of the Prime Minister of the Republic of Uzbekistan will simultaneously lead to the resignation of the Government of the Republic of Uzbekistan.
Article 6. Procedure of appointment and approval of the khokim (‘governor’) of a province and (‘mayor’) the city of Tashkent.
The candidatures for the post of khokim of a province and the city of Tashkent are introduced by the President of the Republic of Uzbekistan for approval by the regional and Tashkent municipal Kengash (‘council’) of people’s deputies after holding consultations with each of the party groups represented in the relevant Kengashs of people’s deputies.
The candidature for khokim of a province or the city of Tashkent is considered as approved when it gains the majority of votes of the total number of deputies of the relevant Kengashs of people’s deputies.
If in voting the candidatures for khokim of a province or the city of Tashkent do not gain the majority of votes of the total number of the relevant Kengashs of people’s deputies, the President of the Republic of Uzbekistan has the right yet to twice introduce the candidatures for the mentioned posts within a month after holding additional consultations with the party groups.
In case of triple refusal of candidatures nominated for the post of khokim of a province and the city of Tashkent by the relevant Kengash of people’s deputies, the President of the Republic of Uzbekistan has the right to appoint an Acting khokim of the province and the city of Tashkent, dissolve the relevant Kengash of people’s deputies. In this case, the elections for regional and Tashkent municipal Kengash of people’s deputies shall be held within three months of the day when the decision on dissolution was adopted.
In accordance with the decision of the regional and Tashkent municipal Kengashs of people’s deputies on the candidature of khokim, the President of the Republic of Uzbekistan issues a decree.
Article 7. Controlling functions of deputies of regional and Tashkent municipal Kengashs of people’s deputies over the activity of khokim of a province and the city of Tashkent
With a view to enhancing the efficiency of controlling functions the party groups of regional, Tashkent municipal Kengashs of people’s deputies shall have the right to initiate the submission of well-grounded conclusions to the President of the Republic of Uzbekistan about unsatisfactory performance of persons approved to the post of khokim of a province and the city of Tashkent. In case if this initiative is supported by the leading party groups, the President of the Republic of Uzbekistan assigns the discussion of this initiative at the Kengash of people’s deputies and takes a decision in line with the outcomes of the discussion.
Article 8. Entering into force of this Constitutional Law
This Constitutional Law shall enter into force from January 1, 2008.
The President of the
Republic of Uzbekistan
Draft
Law Of
The Republic Of Uzbekistan
These amendments to the Constitution of the Republic of Uzbekistan are submitted with the aim of further democratizing state governance, increasing the role and responsibility of legislative, executive branches of power, the Government and the state bodies at the local level in implementing the powers entrusted on them by the Constitution, as well as strengthening the influence of political parties in implementing the aforementioned reforms, towards the renewal and modernization of the country.
Article 1. The following amendments shall be introduced to the Constitution of the Republic of Uzbekistan, adopted on December 8, 1992 at the eleventh session of the Supreme Council of the Republic of Uzbekistan of the twelfth convocation (Register of the Supreme Council, 1994, ¹11, Art.5; Register of Oliy Majlis of the Republic of Uzbekistan, 2003, ¹3-4, Art.27):
1) Article 89 shall be stated in the following edition:
“Article 89. The President of the Republic of Uzbekistan is the head of the state and ensures the concerted functioning and interaction of bodies of state power”;
2) Clause 15 of the Article 93 shall be stated in the following edition:
“15) appoints and dismisses from their posts khokims of provinces and the city of Tashkent in accordance with the law. The President has the right to dismiss from their posts by his decision the khokims of districts and cities in the case where they violate the Constitution, laws or committing of acts, which discredit the honor and dignity of the khokim”;
3) Part two of the Article 102 shall be stated in the following edition:
“The khokim of a province and the city of Tashkent is appointed and dismissed from the post by the President of the Republic of Uzbekistan in accordance with law”.
Article 2. This Law enters into force from January 1, 2008.
The President of the
Republic of Uzbekistan
RESOLUTION
by the Kengash of the Legislative Chamber of Oliy Majlis of the Republic of Uzbekistan
On the drafts of Constitutional Law “On strengthening the role of political parties in the renewal and further democratization of state governance and modernization of the country” and the Law “On introducing the amendments to particular articles (Art.89; Clause 15 of Art.93; P.2 of Art.102) of the Constitution of the Republic of Uzbekistan”
The Kengash of the Legislative Chamber of Oliy Majlis of the Republic of Uzbekistan RESOLVES:
1) It shall be taken into consideration that the President of the Republic of Uzbekistan in accordance with Article 83 of the Constitution of the Republic of Uzbekistan has submitted to the Legislative Chamber of Oliy Majlis of the Republic of Uzbekistan the drafts of the Constitutional Law “On strengthening the role of political parties in the renewal and further democratization of state governance and modernization of the country” and the Law “On introducing the amendments to particular articles (Art.89; Clause 15 of Art.93; P.2 of Art.102) of the Constitution of the Republic of Uzbekistan”).
2) The mentioned draft laws shall be submitted for consideration of the Legislative Chamber of Oliy Majlis of the Republic of Uzbekistan.
3) The drafts of the Constitutional Law “On strengthening the role of political parties in the renewal and further democratization of state governance and modernization of the country” and the Law “On introducing the amendments to particular articles (Art.89; Clause 15 of Art.93; P.2 of Art.102) of the Constitution of the Republic of Uzbekistan shall be published in the newspapers “Khalq sozi” and “Narodnoye slovo” for nationwide discussion.
The Speaker of the Legislative Chamber
of Oliy Majlis of the Republic of Uzbekistan
E.Khalilov
November 8, 2006
Comments
în the drafts of the Constitutional Law “On strengthening the role of political parties in the renewal and further democratization of state governance and modernization of the country” and the Law “On introducing the amendments to particular articles (Art.89; Clause 15 of Art.93; P.2 of Art.102) of the Constitution of the Republic of Uzbekistan”.
The principle provisions stated in the letter of the President of the Republic of Uzbekistan addressed to the Oliy Majlis of the Republic of Uzbekistan
In the cause of a consistent resolution of the tasks aimed at renewal and democratization of the country and building a civil society in Uzbekistan, the radical strengthening of the role and significance of political parties within the system of state and social construction of the country is of vital importance. Political parties are the most important tool in increasing the political and public activity of citizens. They express the will and views of the population, in the first instance, while implementing the election processes, as well as immediate participation in establishing the bodies of state power in the center and at the local level.
In the current stage of political renewal and reformation of our society, the realization of this task, without exaggeration is becoming one of the key factors able to provide a powerful impetus to further democratization of the state and legal systems, and modernization of the country.
The rich experience of foreign countries, which have traversed the rather long historical path towards building a democratic state, forming the civil institutions and human freedoms, as well as maintaining the sustainable economic growth, is striking evidence of the aforesaid.
The timeliness of setting forth this objective is conditioned by the demands of the model of gradual reform and modernization of society, which we have chosen and by the experience gained by political parties over the years of independence. We are obliged to do this because of the growing political maturity and activeness of the country’s population.
Critically assessing the uneasy, complex road, which Uzbekistan has traveled from the old and totalitarian system, which was unacceptable for our people, to a free society, where a human being, his rights and freedoms, his values and convictions are given supreme priority, today we have every reason to state definitely that we have chosen the correct model of national development, formation of state and social bases and foundations of the future of our country.
Over the years of independence a considerable legal basis providing the conditions for broad public and political activity of political parties has been established in the country. The Laws “On public associations”, “On political parties”, “On non-government non-profit organizations”, “On guarantees of election rights of citizens”, “On financing of political parties” and many other legislative acts have been adopted.
In accordance with the laws on elections to the Oliy Majlis and local representative bodies of power, the election system, which meets modern requirements and standards, and is based on the multiparty principle and respect for the will of the electorate, has been established.
With a view to implementing the democratic, political and social-economic reforms, increasing the public and political activeness of population and the role of local representative bodies, improving the lawmaking process and creating an efficient system of checks and balances among the legislative, executive and judicial branches of power, the supreme legislative body of the country was transformed into the bicameral Oliy Majlis of the Republic of Uzbekistan.
Today one may state with confidence that the first one and a half years of work of the bicameral parliament proves that the parliamentary reforms undertaken were timely and deeply elaborated.
As a result, over recent years one may observe a considerable growth in the role and influence of legislative power, i.e. the parliament of the country, as well as of the political parties upon the course of democratic reform. The activity of factions of political parties in the Legislative Chamber is ever intensifying, the inter-factional struggle is expanding, and this cannot but affect the rise of authority of political parties and the quality of the adopted laws.
Gaining political experience and maturity, and most importantly, financial independence, occupying a particular niche in society and relying on their own stable electorate, without doubt, make up the very path which currently all our political parties, irrespective of their platforms and political orientation, are moving along.
At the same time, the necessity to deepen the democratic reforms requires a significant increase of social and political activeness of citizens. It also requires new decisions aimed at strengthening the role of political parties in the state and public life of the country, taking into consideration modern realities and the demands of democratization of state building and social development, as well as the interests, will and opinion of the people.
I. Proceeding from this, the most important objectives of the draft laws, submitted to the Legislative Chamber of Oliy Majlis of the Republic of Uzbekistan, are as follows:
First. Further increasing public and political activeness in the country. One is able to achieve the implementation of goals and objectives of the renewal and modernization of the country only based on the will of people, the intensive participation of citizens in the reforms underway, and their understanding of and support for the radical changes now being carried out in the country.
Second. Enhancing the initiative, role, impact and responsibility of political parties in implementing the public and political reforms and objectives of political, economic, and humanitarian construction in the country, and in conducting the domestic and foreign policies by executive branch of power.
Third. Creating the organizational and legal conditions for the active participation of political parties and movements in establishing the bodies of representative and executive branches of power.
Great practical and mobilizing importance must be attached to the following. Political parties, which gain seats in the legislative and representative bodies of power, and independent groups of deputies should be able to participate directly in establishing the executive bodies in the center and at the local level, and implement their program objectives through them.
Fourth. Creation of efficient legal mechanisms which provide and ensure the accountability of governmental institutions, the bodies of state power, both in the center and at the local level to political parties represented in the parliament of the country and to the party groups in the local representative bodies of power.
II. To implement the aforesaid objectives the following is proposed in the draft laws:
A. The draft Constitutional Law “On strengthening the role of political parties in the renewal and further democratization of state governance and modernization of the country”.
1. In order to significantly increase the role of factions of political parties in tackling the tasks of Oliy Majlis of the Republic of Uzbekistan, and taking into consideration the intensifying processes of competition and inter-factional struggle in the course of discussing and adopting the draft laws and other issues related to the competence of the Chamber, the Art. 2 of the draft law (“Factions of political parties in the Legislative Chamber”) clearly formulates the legal status of party factions of various political orientations, which have an alternative attitude towards the course and program declared and being implemented by the government of the country, established after elections.
In particular, it is provided that “the faction of a political party which gained the majority seats in the Legislative Chamber makes up a parliamentary majority.
The parliamentary majority may also consist of several factions of political parties and deputies elected from the initiative groups of voters who establish a bloc based on the similarity or coincidence of their program objectives.
The factions of political parties as well as the deputies elected from the initiative groups of voters which do not share the course and program of the newly formed government, or some of its parts, may declare themselves as an opposition”.
Along with this, the draft law provides that the association of factions of political parties into a bloc does not restrict their independence in exercising of rights envisaged by Law.
With the aim of establishing a system of guarantees for the effective functioning of parliamentary opposition Article 2 of the draft Law provides that “the factions of political parties which proclaimed themselves as a parliamentary opposition along with the powers for factions envisaged by Law have the following rights:
to propose a draft law in alternative edition together with a report on the relevant issue of the responsible committee of the Legislative Chamber;
to record its special opinion on the issues under discussion in the protocol of a plenary session of the Legislative Chamber”, and some other rights.
The mentioned article provides that the rights of a parliamentary opposition guaranteed by Law cannot be infringed by the parliamentary majority.
With an aim of strengthening the role of factions of political parties in the lower chamber of parliament and avoiding circumstances which may lead to various expedient decisions of certain deputies, it is suggested that article should include a norm, according to which a deputy nominated from a political party and elected to the Legislative Chamber can be a member of the faction of that party only. In this connection, it is also proposed to exclude from Article 23 of the Constitutional Law “On Legislative Chamber of Oliy Majlis of the Republic of Uzbekistan” the provision that a deputy elected from a political party “has the right not to join any faction or group of deputies”.
The definition of factions, their blocs set up in the parliament of the country as a parliamentary majority or oppositions is introduced into the national legislation to develop Article 34 of the Constitution of the Republic of Uzbekistan. It contains a provision that no one can infringe the rights and freedoms of persons, who make up the opposition minority in political parties, in representative bodies of power.
The principles and criteria (provided in the draft law) of assessing the activity of political factions and independent deputies who joined them, are based on the commonly recognized practice of democratic states, when certain political parties which participate in elections to the parliament of the country, define their program goals depending on what course, orientations and tasks are set forward by the newly established government.
In the state, legal and political system of some foreign countries there is also a practice, when a party, which has gained an absolute majority in the elected parliament, obtains the right to establish a government, and its leader or a representative of the party claims the post of Prime Minister. Such a model is applicable in countries which have a long history of democratic development and where the electorates have a sufficiently high level of political and public consciousness.
In these countries a party which repeatedly established its government, having lost the majority of seats in the parliament, maintains nevertheless its “shadow government”, which if necessary can take the responsibility for the future of the country.
In the countries, where such conditions do not exist or have not been created such a model may well lead to a situation in which, as a rule, clans, nepotism, corruption and criminality enter the arena. This is confirmed by the experience of many states where these processes do exist.
2. With the aim of reinforcing the role of factions of political parties in organizing the activity of the lower chamber of Oliy Majlis, Article 3 of the draft law provides that “the faction of a political party formed in the Legislative Chamber, has the guaranteed right for one of its representatives to take post of one of the Deputy Speakers of the Legislative Chamber”. This norm radically changes the available provision (Article 15 of the Constitutional Law “On Legislative Chamber of Oliy Majlis of the Republic of Uzbekistan”) in accordance with which “the Deputy Speakers of Legislative Chamber during the term of their powers must cease membership of political parties and cannot be members of factions and groups of deputies”.
The adoption of Article 3 of the draft law will allow not only the extension of the authority and capacity of the political factions of the Legislative Chamber, but it will also considerably democratize the processes of decision-making in the chamber.
3. In order to create the legal mechanisms, which will provide an opportunity for political parties in the Legislative Chamber, regional Kengashs of people’s deputies, and deputies elected from the initiative groups of citizens, to actively influence the process of establishing the bodies of executive power in the center and at the local level, Article 4 of the draft law (“The procedure of appointment of the Prime Minister of the Republic of Uzbekistan”) provides the following:
“The candidature of the Prime Minister of the Republic of Uzbekistan is recommended by the President of the Republic of Uzbekistan for approval by the Legislative Chamber and the Senate of Oliy Majlis of the Republic of Uzbekistan after holding consultations with each of the factions of political parties represented in the Legislative Chamber of Oliy Majlis of the Republic of Uzbekistan, and deputies elected from the initiative groups of voters, within a month of the election of office holders and the formation of the bodies of chambers of Oliy Majlis of the Republic of Uzbekistan.
The candidature of the Prime Minister of the Republic of Uzbekistan is recognized as approved if the candidate gains the majority of votes of the total number of deputies of the Legislative Chamber and members of the Senate of Oliy Majlis of the Republic of Uzbekistan”.
The Part 3 of the Article 4 states that if in the voting in the Legislative Chamber or the Senate of Oliy Majlis of the Republic of Uzbekistan on the candidature of the Prime Minister of the Republic of Uzbekistan it was impossible to gain a majority of votes of the total number of deputies of the Legislative Chamber or the members of the Senate of Oliy Majlis of the Republic of Uzbekistan, the President of the Republic of Uzbekistan, after additional consultations with factions of political parties and deputies elected from the initiative groups of voters, has the right yet to recommend twice the candidatures to the post of the Prime Minister of the Republic of Uzbekistan.
In case of triple rejection of the recommended candidature of the Prime Minister of the Republic of Uzbekistan by the Legislative Chamber or the Senate of Oliy Majlis of the Republic of Uzbekistan, the President of the Republic of Uzbekistan appoints an Acting Prime Minister of the Republic of Uzbekistan, dissolves the Oliy Majlis of the Republic of Uzbekistan or one of its Chambers.
It is also stated that in the case of the dissolution of the Legislative Chamber, new elections shall be held within three months of the date when the decision on dissolution was adopted.
Similar systems and practice have been adopted in the majority of democratic countries, such as Germany, Finland, Spain, the Czech Republic, Slovakia, Greece, and others.
In the available legislation there are no legal mechanisms which allow the political parties and their factions in the parliament to directly influence the process of defining a candidate for the post of Prime Minister. According to P.10 of Article 93 of the Constitution of the Republic of Uzbekistan, the President of the country “recommends for consideration and approval by the chambers of Oliy Majlis of the Republic of Uzbekistan the candidate for Prime Minister of the Republic of Uzbekistan and dismisses him from the post”.
Introduction of the mandatory provision of holding consultations with factions of political parties on the candidature for the post of Prime Minister, the procedure of its approval by the parliament, and setting forth concrete procedures and decisions taken in this regard, provides a legal framework which clearly determines and limits the functions of the President. It is also an important step aimed at strengthening the role of political parties in establishing the bodies of executive power and deepening the democratic reforms in the sphere of state construction.
4. In order to enhance a parliamentary control over the activity of government Clause “d” of Article 5 of the draft law envisages that the Prime Minister of the Republic of Uzbekistan can be dismissed from the post by the President of the Republic of Uzbekistan “upon the initiative of factions of political parties in the Legislative Chamber submitted for consideration by the President of the Republic of Uzbekistan according to the existing rule. The President of the Republic of Uzbekistan takes a decision on dismissal if this initiative shall be supported with necessary substantiation by the leading factions of political parties of the parliament and when this initiative is put to vote by the President in the Legislative Chamber and the Senate it gains the votes of the two thirds of the total number of deputies, senators”.
Along with this, the draft law provides a list of reasons, in accordance with which the Prime Minister can be dismissed from the post by the President:
-according to an application from the Prime Minister to resign;
-in case it becomes impossible for the Prime Minister to execute his powers;
-in case insuperable disagreements within the Cabinet of Ministers of the Republic of Uzbekistan emerge threatening its normal functioning, as well as the repeated adoption of resolutions by the Cabinet of Ministers that contradict the Constitution, the laws of the Republic of Uzbekistan, the decrees and resolutions by the President of the Republic of Uzbekistan.
The existing legislation does not define the list of reasons, in accordance with which the Prime Minister should resign from his post. The norms which envision the resignation of the Prime Minister at the initiative of factions of political parties are currently absent in the legislation.
Article 5 of the draft law also envisages that the dismissal of the Prime Minister of the Republic of Uzbekistan will simultaneously lead to the resignation of the Government of the Republic of Uzbekistan.
5. In order to enhance the role of political parties in addressing the tasks of social, economic, public and political development at the local level, and to strengthen their influence in establishing the local bodies of representative power, Article 6 of the draft law (“Procedure of appointment and approval of the khokim (‘governor’) of a province and (‘mayor’) the city of Tashkent”) provides that “the candidatures for the post of khokim of a province and the city of Tashkent are introduced by the President of the Republic of Uzbekistan for approval by the regional and Tashkent municipal Kengash (‘council’) of people’s deputies after holding consultations with each of the party groups represented in the relevant Kengashs of people’s deputies”.
The candidature for khokim of a province or the city of Tashkent considered as approved when it gains the majority of votes of the total number of deputies of the relevant Kengashs of people’s deputies.
If in voting the candidatures for khokim of a province and the city of Tashkent do not gain the majority of votes of the total number of the relevant Kengashs of people’s deputies, the President of the Republic of Uzbekistan has the right yet to twice introduce the candidatures for the mentioned posts within a month after holding additional consultations with the party groups.
In case of triple refusal of candidatures nominated for the post of khokim of a province and the city of Tashkent by the relevant Kengash of people’s deputies, the President of the Republic of Uzbekistan has the right to appoint an Acting khokim of the province and the city of Tashkent, dissolve the relevant Kengash of people’s deputies. In this case, the elections for regional and Tashkent municipal Kengash of people’s deputies shall be held within three months of the day when the decision on dissolution was adopted.
Introduction into the legislation of a norm, which envisages the right to dissolve the relevant Kengash of people’s deputies in the case of insuperable contradictions in the candidature of khokim of a province and the city of Tashkent, is called upon to ensure the legal guarantees of stability, sustainability of the system of state governance at the local level, an effective functioning of the system of checks and balances. The norm, which envisages the right of the President of the country to dissolve the representative bodies at the local level is also available in some other developed democratic countries of the world, namely in Italy, Portugal, and others.
In line with the decision of the regional and Tashkent municipal Kengash of people’s deputies on the candidature of a khokim the President of the Republic of Uzbekistan issues a decree. This norm goes in line with the provisions of Article 93 and 102 of the Constitution of the Republic of Uzbekistan.
6. In order to enhance the controlling functions of deputies of regional and Tashkent municipal Kengashs of people’s deputies over the activity of khokim of a province and the city of Tashkent Article 7 of the draft law envisages the right of the party groups to initiate the submission of well-grounded conclusions to the President of the Republic of Uzbekistan about the unsatisfactory performance of persons approved to the post of khokim of a province and the city of Tashkent. In case if this initiative is supported by the leading party groups, the President of the Republic of Uzbekistan assigns the discussion of this initiative at the Kengash of people’s deputies and takes a decision on this issue in line with the outcomes of the discussion.
B. The draft law “On introducing the amendments to particular articles (Art.89; Clause 15 of the Art.93; P.2 of the Art.102) of the Constitution of the Republic of Uzbekistan”.
The draft law provides a new edition of Article 89 of the Constitution, which envisages that “the President of the Republic of Uzbekistan is the head of the state and ensures the concerted functioning and interaction of bodies of state power”. This wording fully corresponds to the analogous wording available in the constitutions of many democratic countries. The norm of the existing article, which states that the President of the country is simultaneously the head of the executive branch of power in the Republic of Uzbekistan shall be excluded from the Constitution.
Clause 15 of Article 93, Part Two of Article 102 of the Constitution, which provides the procedure of approval of the khokim of a province are brought in line with the norms of the draft Constitutional Law “On strengthening the role of political parties in the renewal and further democratization of state governance and modernization of the country”.
The aforesaid amendments are introduced into the Constitution of the Republic of Uzbekistan to provide the further democratization of state governance, increasing the role and responsibility of legislative, executive branches of power, government and state bodies at the local level for implementing their due constitutional authority and mainly aim at enhancing the influence of political parties on political and economic life and processes of national renewal.
Adoption of the draft laws “On strengthening the role of political parties in the renewal and further democratization of state governance and modernization of the country” and “On introducing the amendments to particular articles (Art.89; Clause 15 of Art.93; P.2 of Art.102) of the Constitution of the Republic of Uzbekistan” submitted for consideration by Oliy Majlis of the Republic of Uzbekistan, will represent a follow-up to public and political reforms, the outcome of the gradual evolutionary development of the state, legal and political system of the country and its advancement from a strong state to a strong civil society. The importance of the draft laws goes far beyond the activity of the legislative and executive branches of power. Implementation of the provisions of the draft laws will have a far reaching influence on the entire political system and statehood, as well as on the pace of social, economic and political reforms and democratic renewal of the country.