Constitutional change: The conflict between the state and the individual is interpreted for the sake of the individual
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25 June 2022
4882Hereinafter, all irreconcilable contradictions and ambiguities arising in the legislation regarding the relations between an individual and the state bodies in Uzbekistan can be interpreted in favor of the individual. The same procedure is expected to be provided in Article 13 of the constitution.
It is known that today 25 June, the draft law “On the introduction of amendments and additions to the constitution of the Republic of Uzbekistan” was discussed.
If Article 13 of the current constitution states: “Democracy in the Republic of Uzbekistan is based on universal human principles, according to which human beings, their life, freedom, honor, dignity, and other inalienable rights are supreme values. Democratic rights and freedoms are protected by the constitution and laws”, the Article 13 is amended as follows according to the amendments and additions to the General Encyclopedia (constitution):
“Democracy in the Republic of Uzbekistan is based on universal human principles, according to which human beings, their life, freedom, honor, dignity, and other inalienable rights are supreme values.
The state must respect, maintain and protect human dignity and rights. Human rights and freedoms are directly applicable, and determine the meaning, content, and application of laws, the activities of state bodies, citizens' self-government bodies, and their officials.
Legal actions against a person should be sufficient to achieve a legitimate objective pursued by a public authority and should not create as much difficulty as possible for the persons concerned.
All irreconcilable contradictions and ambiguities arising in the law regarding the relations of the person with the State bodies are interpreted in the favor of the person.
Democratic rights and freedoms are protected by the Constitution and laws”.
In addition, according to the amendments and additions introduced in Article 14 of the constitution, “The State carries out its activities on the basis of the principles of social justice and legality, for the well-being of the people and sustainable development of society".
Article 15 is implied to be supplemented with part two as follows:
“The constitution of the Republic of Uzbekistan has supreme legal force, has direct effect, and is applied throughout the territory of the Republic of Uzbekistan”.
Hereinafter, part two of this article shall be considered part three.
The first part of Article 16 is edited as follows:
“None of the provisions of this constitution may be interpreted in such a way that it infringes human and civil rights and freedoms, rights and interests of the Republic of Uzbekistan, basic principles and rules stipulated by part one of this constitution ".
It should be noted that the draft constitutional law “On amendments and additions to the constitution of the Republic of Uzbekistan” was adopted by the MPs of the Legislative Chamber of the Oliy Majlis (Parliament) on June 24 in the first reading.
The constitutional law provides for more than 170 amendments to 66 articles of all sections of the current constitution of the Republic of Uzbekistan.
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