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Main » 2013 » Yanvar » 5 » The Constitution of Uzbekistan is the accomplishment of our nation’s wisdom and historical experience
The Constitution of Uzbekistan is the accomplishment of our nation’s wisdom and historical experience

Altough the Constitution of our independent country was adopted not long ago, it has its unique development way. Our main law is based on achievments of international experience. Along with international experience it also includes traditions  of  our nation in most articles which are scientifically  based on practical and historical experiences of our nation. In this case, I think it is worthy to  analyse some articles in following context.

It is essential to mention that, according to the  article 31 ‘Freedom of conscience is guaranteed to all. Everyone shall have the right to profess or not to profess any religion. Any compulsory imposition of religion shall be impermissible. [1] It means citizens can have theistic, non-theistic and atheistic beliefs. In history,  many nations whose religions and beliefs were different lived together in Central Asia for ages and they treated with each other friendly. More specifically, in spite of the fact that the main religion of people of Transoxiana was Zoroastrianism, Urgut district was the centre of Christianity in Central Asia. In the period the timurids Miranshakh who was the ruler of western regions (Khurasan, Iran, some regions of present Turkey) was called as "the supporter and protector of christians” despite being muslim. By that fact, we can say nations of present Central Asia lived  with the principles of tolerance when people didn’t know  the word "freedom of religion and belief” in Europe.

The principles stated in the Constitution have created a new type of relationship between the state and its citizens based on mutual collaboration and reciprocal responsibility, and every citizens rights and freedom irrespective of  nationality are protected by law.

Furthermore, in the article 39 it is written that "Everyone shall have the right to social security in old age, in the event of disability and loss of the bread-winner as well as in some other cases specified by law. Pensions, allowances and other kinds of welfare may not be lower than the officially fixed minimum subsistence wage”.  Also in the article 64 "Parents shall be obliged to support and care for their children until the latter are of age. The state and society shall support, care for and educate orphaned children, as well as children deprived of parental guardianship, and encourage charity in their favor”.

In our county these principles have existed from ancient times. The people who were in need of humanitarian help have been provided by the governmental organizations according to Muslim Law. In fact, official tax which was called "zakot”  was collected for the welfare of poors and low standart livers. It can be stated as the proof that there was the type of propery which was for humantarian help called "vakf” in Transaxonia (present Uzbekistan), since Samanids.

Let’s talk about some constitutsional duties along with constitutsional rights. According to the article 50 environment protection is the constitutional duty of all citizens. It is known  that according to the rules of Zoroastrianism following elements were taken into consideration as the main parts of nature. They are ground, water, fire and air. People who polluted the nature were strictly puneshed. In particular, in the fifth chapter of "Videvdat”  of  "Avesto” people are encouraged strongly to fight against harmful insects and any creatures which spread illnesses and which are unuseful for society and environment.  Moreover, in the 13th and 15th chapters of that book the principles of water protection  and water pollution monitoring are written. For instance, people are allowed to water their plants only two times a day. [2] That quote is also stated in our  constitution and these principles are placed as the type of national tradition. In today’s rapidly changing world, I think it is very essential when the people are dying from water shortage and when there is a danger of water war in some parts of the world.

In the article 98 of our constitution it is stated that ‘The executive authority shall be exercised by the Cabinet of Ministers of the Republic of Uzbekistan’. From the age of Samanids Executive branch belonged to Devon (The Ministry). The number of ministries was ten. All of them had their own name. Such as ‘Mustafi’, ‘ Sohibi shurat’  and so on.  It is similar to today’s government system. There was a ministry in each field and in ‘Temur tuzuklari’ it is believed that ministries are the basis of the empire.

In conclusion we would like to state an extract from the speech of the President of  Uzbekistan Islam Karimov given in the adoptation ceremony of the constitution (20 years ago from present time): ‘The constitution of  each country reflects its population’s benefits, outlooks, hopes and wishes. Our Constitution  is not an exception. It is derived from our nation’s politicial wisdom and historical experience’.

 Kh.Ziyoyev, TSIL

[1] Article 31 of the Constitution of Uzbekistan

[2] M.Hamidova. "O’zbekiston davlati va huquqi tarixi” T.; "TSIL” 2001 year. Page 29


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