The norm that the conviction of a person does not affect his relatives is included in the Constitution

The Constitution of the Republic of Uzbekistan stipulates that “The conviction of a person and the legal consequences arising from it shall not be the basis for limiting the rights of his relatives.”  MP Jahangir Shirinov spoke about this today, 9 March, at the plenary session of the Legislative Chamber of the Oliy Majlis.

At the plenary session, a decision is expected to be taken “On conducting a referendum of the Republic of Uzbekistan on the draft constitutional law of the Republic of Uzbekistan “On the Constitution of the Republic of Uzbekistan.”

According to Shirinov’s information, the draft of the constitutional law stipulates the norm that “Providing human rights and freedoms is the highest goal of the state.”  To achieve this goal, the project envisages the following:

• human honor and dignity are inviolable;

• measures of legal influence used by state bodies against people should be based on the principle of proportionality and be sufficient to achieve the goals stipulated by the laws.

“In other words, if the state wants to set a fine or other measure of legal impact for any act, it follows this principle, that is, for a trivial, insignificant violation, the weight is disproportionate to its level of danger to society.  It cannot determine the punishment.  It should be said that based on this provision, the current legal measures will be reviewed, and I think that first of all, we deputies will show zeal in this matter,” said Shirinov.

He also informed that legal ambiguities arising in the interaction of a person with state bodies are determined to be interpreted in favor of a person.

“That’s a huge guarantee!”  said the deputy.

He explained that if there are inconsistent norms in the tax legislation, the tax authority wants to interpret such inconsistency in favor of the state, and the citizen wants to interpret it in his favor.  This guarantee, included in the Constitution, puts an end to such a dispute and strictly determines that inconsistencies will be resolved in favor of the person, not the state.

“One more issue!  Our constitution stipulates that “The conviction of a person and the legal consequences arising from it shall not be the basis for restricting the rights of his relatives.”  This provision, which is included in our General Council, is aimed at getting rid of the burdens of the former system, such as treating an innocent person as guilty, which has been a concern of our working people for many years,” says Shirinov.

In addition, it was said that the bill strengthens the presumption of innocence.  For example, in the current Article 26 of the constitution, it is established that a person is not considered guilty until his case is examined in court and his guilt is determined, now it is established that he is considered innocent until he is determined by a legally effective court verdict.

“It is envisaged that the state will provide women and men with equal rights and opportunities in the management of society and state affairs, as well as in other spheres of state and community life,” says Jahangir Shirinov.