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Dear friends!
The
year of 2010 is coming to end and we stand on the eve of 2011 – the year
of the 20th Anniversary of Uzbekistan’s Independence.
On
the occasion of this landmark date it is quite natural that there is a
need to assess the following: how the quality of our life and image of
the country have changed and are changing now; what achievements we have
made for over the past period; how fast we are advancing along the path
of building an open democratic state with socially oriented market
economy, and establishing the civil society.
Briefly speaking, it is put forward the task from today’s perspective to
objectively assess the course of implementing the long-term objective
that we set, i.e. to join the ranks of the modern developed and
democratic states, ensure our people the decent living standards and
worthy place in the world community.
It is
well known that Uzbekistan after gaining its independence in 1991,
having denied the obsolete totalitarian, administrative-command and
planning-distributive system chose its own “Uzbek model” of development.
The
essence and substance of the model, which was elaborated and is being
put into practice today, are as follows: radical changing and renewal of
the state and constitutional order; implementing political, economic and
social reforms based on such principles as deideologization of economy
and its priority over politics, giving the state the role of a major
reformer, i.e. the functions of an initiator and coordinator of reforms,
ensuring rule of law, providing strong social policy, implementing the
reforms on the step-by-step and gradual basis.
We
consciously rejected the revolutionary option of reforms by the methods
of “shock therapy” in favor of evolutionary and phased development. By
this we have saved our people from the severest economic and social
turbulences.
Today
the world community, as well as such high-profile international
financial institutions as the International Monetary Fund, the World
Bank, the Asian Development Bank and others do recognize the sustainable
high growth rates, the stability and reliability of the functioning
financial and banking system, successful structural reforms in the
economy and in general Uzbekistan’s confident steps on the way of
modernizing the country.
It is
obvious that no one remains indifferent to the following facts: the
growth of Uzbekistan’s GDP during less than 20 years of our independent
development made up 3.5 times, and per capita ratio accounted for 2.5
times, the growth of population’s real incomes made up 3.8 times and in
particular the achieved successes in social and humanitarian dimension –
the growth of state expenses for social security of population to 5
times, considerable improvement of living standards, which have resulted
in decrease of maternal mortality rate to more than 2 times, children’s
mortality rate – to 3 times, increase of average life expectancy made up
from 67 to 73, and the life expectancy of women – up to 75 years.
The
international structures, experts and specialists display a keen
interest in the fact that in 2008-2010, i.e. during the period, when
practically most of the countries of the world have experienced a
considerable decrease of economic growth rates and stagnation of
production, in 2008 Uzbekistan’s GDP growth rates made up 9 percent, in
2009 – 8.1 percent, and in 2010 it is expected to be 8.5 percent, and in
2011 it is estimated to be 8.3 percent.
At a
time, when the serious concern, particularly in the developed countries,
is aroused by continuous growth of foreign public debt, Uzbekistan’s
foreign debt does not exceed 10 percent, and the State budget is
executed with surplus for over the past five years.
One
could continue such a list of Uzbekistan’s extensive achievements.
All
of this does confirm the obvious fact (phenomenon) that within a
historically short period of our country’s independent development
Uzbekistan, once a republic with one-sided hypertrophied raw-oriented
economy, destructive monopoly of raw cotton production, primitive
industrial and social infrastructure and the lowest per capita
consumption index in the former USSR, - has stepped to praised horizons,
which had completely changed its image and place in the world community.
However, what we have achieved is just a part of a long and difficult
road to the goal that we have set forward – to build an open democratic
and law-governed state with a stably developing economy and the society
respected in the world, in which a man, his interests, his rights and
freedoms are the highest value not in words, but in practice.
The
most dangerous thing that may await us on this road is euphoria and the
feeling of complacency about the achieved, alienation from reality,
which can negatively affect the efficiency and prospects of the
country’s development.
In
the century of globalization and ever more intensive competition we have
to realistically and self-critically assess our place in the ongoing
cardinal changes in the world today, keep pace with growing demand of
the time.
The
life never stops, the particular country and the particular nation will
be victorious, if it has a deeply thought-out program and the strategy
of its implementation with clear-cut guidelines and priorities, and what
is mostly important, capable to preempt possible crises and various
cataclysms, the highs and the lows of the world economy.
In
this context, I would to underscore that summing up the outcomes of what
was accomplished during the past period of our independent development
is quite necessary not only to objectively evaluate and introduce
certain alterations to the reform program, but first of all, proceeding
from demand of the future, to give a fresh and powerful impetus to our
progressive movement along the path of reforming and modernizing the
country.
While
undertaking this, it is of a principle importance to proceed from the
fundamental provisions and norms of the Main Law – the Constitution
adopted in December 1992, which defined the main principles of
democratic development and establishing the civil society in the
country.
This
work has acquired its highest intensity, scale and purposefulness during
the last decade – from 2001 to 2010.
As a
result, today we have all grounds to assert that we have achieved the
main thing – the process of reforming and democratization of the country
has acquired an irrevocable, irreversible and consistent nature. Our
people change, their political and civic activeness, as well as their
consciousness and complicity to everything, what is taking place around
them, and finally, their faith in the country’s future are growing.
In
fact, it is these changes and these transformations in the mindset of
people and our entire society that now become a dominant powertrain
which ensures the country’s advancement along the path of progress and
prosperity.
The
objective assessment of the path we have passed and accumulated
experience, and the analysis of achievements secured during the past
years of independence convincingly prove that we have chosen the right
model of evolutionary, step by step and gradual development of the
country, and the need to follow up with this path.
Proceeding from this, we deem it necessary to take the following
measures as the most important priorities of further deepening the
democratic reforms.
I. Democratization of the state power and governance
The
reforms being carried out for over the past period in this sphere were
aimed at consistent implementing the constitutional principle of
separation of powers, creating an effective system of checks and
balances, strengthening the role of powers and controlling functions of
the legislative and representative branch of power in the center and on
the local level, as well as accomplishing measures on liberalization and
independence of judicial system.
A
profound attention has been paid to changing the functions of governing
structures of central executive power and administrative bodies, radical
reduction of their powers, regulatory and distributive authorities, as
well as their direct interference in the activity of economic entities.
In other words, we have brought their powers in line with market
principles and finally - reduced the role of the state in managing the
economy.
We
have paid a lot of attention to decentralization of governance,
delegating the part of functions from republican level to the bodies of
regional, city and district levels, and establishing such a unique
system of local self-governance in Uzbekistan as makhalla.
The
outcomes of referendum held on January 27, 2002 on establishing the
bicameral national parliament as well as adoption of the Law “On the
results of referendum and the main principles of organizing the state
power” defined the basis for a deep reforming the legislative power.
The
major goals, which are pursued along this process, are to create the
system of checks and balances in exercising by the parliament of its
authorities, to raise considerably the quality of lawmaking, to provide
the balance between the national and regional interests taking into
account that the upper house of parliament – the Senate, which mainly
represents the local Kengashes (Councils), will represent the
regions, and the lower house – the Legislative Chamber – will undertake
its activity on the permanent professional basis.
Adoption in 2003 of constitutional laws “On the Legislative Chamber of
Oliy Majlis of the Republic of Uzbekistan” and “On the Senate of Oliy
Majlis of the Republic of Uzbekistan” had a special significance in
terms of development of national parliament and clearly defined the
status, powers and mechanisms of activity of separate chambers and the
new parliament as a whole.
The
exclusion in 2007 of the norms from the Constitution of the Republic of
Uzbekistan which stipulated that the President of the country was
simultaneously the head of executive power became one of the political
and legal acts of enormous importance of that period. The Article 89 of
the Constitution stipulates 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”.
The
abolishment of the post of chairman of the Cabinet of Ministers, which
was initially occupied by the President of the Republic of Uzbekistan,
was an important step in the course of liberalization. In accordance
with the adopted laws, now the Prime Minister not only organizes, but
also leads the activity of the Cabinet of Ministers, bears personal
responsibility for efficiency of its work, chairs the meetings of the
Cabinet of Ministers, signs its documents and adopts decisions on the
issues of state and economic management.
Along
with this, the growing level of political culture and public awareness
of the country’s population and dynamically developing processes of
democratization and liberalization of society, as well as consolidation
of the multiparty system create the necessary prerequisites to ensure
more balanced distribution of powers among the three subjects of state
power: the President – the Head of the State, legislative and executive
branches of power.
It is
proposed to state the Article 98 of the Constitution of the Republic of
Uzbekistan in the following wording:
“The
executive power shall be exercised by the Cabinet of Ministers of the
Republic of Uzbekistan. The Cabinet of Ministers of the Republic of
Uzbekistan shall be composed of the Prime Minister of the Republic of
Uzbekistan, his deputies, ministers, chairmen of the state committees.
The Head of the government of the Republic of Karakalpakstan shall be a
member of the Cabinet of Ministers.
The
Cabinet of Ministers shall provide the leadership for effective
functioning of the economy, social and spiritual spheres, implementation
of the laws of the Republic of Uzbekistan, decisions of Oliy Majlis,
decrees, resolutions and ordinances of the President of the Republic of
Uzbekistan.
The
Cabinet of Ministers in accordance with the current legislation shall
issue resolutions and ordinances binding on all bodies, enterprises,
institutions, organizations, officials and citizens on the entire
territory of the Republic of Uzbekistan.
The
Prime Minister of the Republic of Uzbekistan shall organize and direct
the activity of the Cabinet of Ministers, bear a personal responsibility
for efficiency of its work, preside at meetings of the Cabinet of
Ministers, sign its decisions, on the instruction of the President of
the Republic of Uzbekistan represent the Cabinet of Ministers of the
Republic of Uzbekistan in international relations, exercise other
functions stipulated by laws of the Republic of Uzbekistan, decrees,
resolutions and ordinances of the President of the Republic of
Uzbekistan.
The
Cabinet of Ministers, in its work, shall be responsible before the
President of the Republic of Uzbekistan and the Oliy Majlis of the
Republic of Uzbekistan.
The
Cabinet of Ministers shall tender its resignation to the newly elected
Oliy Majlis.
The
procedure of organizing the work and competence of the Cabinet of
Ministers shall be defined by law.
The candidature of the Prime Minister of the Republic of Uzbekistan
shall be proposed by a political party, which gains the biggest number
of deputies’ seats in the elections to the Legislative Chamber of the
Oliy Majlis of the Republic of Uzbekistan, or by several political
parties, which gain equal number of deputies’ seats.
The President of the Republic of Uzbekistan, after considering the
proposed candidature to the post of the Prime Minister, in ten days’
time, shall propose it for the consideration and approval by the
chambers of the Oliy Majlis of the Republic of Uzbekistan.
The candidature of the Prime Minister shall be considered approved, if
more than half of votes out of the total number of, respectively,
deputies of the Legislative Chamber and the members of the Senate of the
Oliy Majlis of the Republic of Uzbekistan is given for him.
The members of the Cabinet of Ministers of the Republic of Uzbekistan
shall be approved by the President of the Republic of Uzbekistan upon
the nomination of the Prime Minister.
In
case of arising persistent contradictions between the Prime Minister of
the Republic of Uzbekistan and the Legislative Chamber of the Oliy
Majlis of the Republic of Uzbekistan, upon the proposal officially
submitted to the President of the Republic of Uzbekistan by the deputies
of the Legislative Chamber, whose number is not less than one third of
their total number, the issue of passing the vote of no confidence in
the Prime Minister shall be put for discussion of the joint sitting of
the chambers of the Oliy Majlis of the Republic of Uzbekistan.
The vote of no confidence in the Prime Minister shall be considered
adopted, if not less than two thirds out of total number of,
respectively, deputies of the Legislative Chamber and members of the
Senate of the Oliy Majlis of the Republic of Uzbekistan vote for it.
In
this case, the President of the Republic of Uzbekistan makes a decision
on relieving the Prime Minister from the post. In this case, the entire
Cabinet of Ministers of the Republic of Uzbekistan resigns together with
Prime Minister.
The new candidature of the Prime Minister, to be submitted for
consideration and approval by the chambers of the Oliy Majlis, shall be
proposed by the President of the Republic of Uzbekistan after relevant
consultations with all fractions of the political parties represented in
the Legislative Chamber of the Oliy Majlis of the Republic of
Uzbekistan.
In
case the Oliy Majlis refuses twice the candidature to the post of the
Prime Minister, the President of the Republic of Uzbekistan shall
appoint an acting Prime Minister and dissolve the Oliy Majlis of the
Republic of Uzbekistan.”
In
their essence and substance these amendments to the Article 98 of the
Constitution of the Republic of Uzbekistan introduce the new procedure
of nomination and approval of the Prime Minister, which meets democratic
principles, and gives the Oliy Majlis the right to pass a vote of no
confidence in the Prime Minister. The right of the President of the
Republic of Uzbekistan to take decisions on the issues related to the
competence of the Cabinet of Ministers of the Republic of Uzbekistan
shall also be eliminated.
The
next proposed amendment is related to the Article 96 of the Constitution
of the Republic of Uzbekistan.
In
order to rule out the ambiguity, vague interpretations of this article
in case of the situation when the President of the country, due to
various reasons, shall not be able to exercise his duties, it is
proposed to introduce its new wording as follows:
“If
the functioning President of the country is not able to exercise his
duties, his duties and authorities shall be temporarily entrusted to the
Chairman of the Senate of the Oliy Majlis of the Republic of Uzbekistan,
with holding the elections of the President of the country within three
months in full accordance with the Law “On the elections of the
President of the Republic of Uzbekistan”.
In
the context of amendments proposed to the Article 98 of the Constitution
of the Republic of Uzbekistan, it is necessary to introduce relevant
changes to the Articles 78 and 93 of the Constitution of the Republic of
Uzbekistan.
The
Clause 15 of the Article 78 shall be added with following words “…as
well as hearing and discussion of the reports of the Prime Minister on
outstanding issues of social and economic development of the country”.
In
the Clause 15 of the Article 93 after the words “shall appoint and
relieve…” the following words shall be added: “upon nomination by the
Prime Minister of the Republic of Uzbekistan…”, and hereinafter
according to the text.
In
the Clause 8 of the Article 93 the following words shall be excluded:
“shall form the Office of executive power and direct it”.
The
Clause 16 of the Article 93 shall be added with following words: “…shall
have the right to preside in the meetings of the Cabinet of Ministers of
the Republic of Uzbekistan”.
In
the Clause 12 after the words “shall appoint and relieve the Prosecutor
General of the Republic of Uzbekistan…” the word “deputies” shall be
excluded and it shall be added: “and the chairman of the Chamber of
Accounts” and hereinafter according to the text “with further approval
of them by the Senate of the Oliy Majlis of the Republic of Uzbekistan”.
Dear participants of the meeting!
It is
necessary for all of us to clearly comprehend that the establishment of
constitutional order when the candidature of the Prime Minister
nominated by a political party, which wins the elections, is submitted
for consideration and approval of the Parliament; introduction of the
institute of vote of no confidence in the government and other
consequent measures which have to be implemented in the course of
modernization of political system, in fact stand as a new stage in
reforming and democratization of the country.
Along
with this, we must not forget that the success of this reform to much
extent depends on dynamics with which we have been advancing along the
path of democratization and liberalization, raising the social and
political activeness of our citizens, their political and legal culture,
and certainly, first of all, on the level of maturity of political
parties, their readiness to take such an enormous responsibility for the
fate and future of Uzbekistan.
II. Reforming the judicial and legal system
One
of the key priorities of democratic renewal of the country is a
consistent democratization and liberalization of judicial and legal
system aimed at ensuring rule of law, reliable protection of human
rights and interests. In short, establishing a law-governed state and
nurturing legal awareness of people.
This
is the very reason why since the early years of Independence a special
importance has been given to this direction of reforms.
In
Uzbekistan we have implemented a set of organizational and legal
measures aimed at consistent consolidation of judicial power, ensuring
independence of court, turning it from the repressive instrument and
punitive apparatus in the past into a truly independent institution of
state called upon to reliably protect and safeguard the rights and
freedoms of a man and citizen.
According to the new wording of the Law “On courts”, the amendments and
additions introduced in this period to criminal procedure and civil
procedure legislation, and with an aim to consistently implement the
constitutional principle of separation of powers the judicial system
was taken out of control and influence of bodies of the executive power.
The functions of nominating the candidatures for judges’ posts,
relieving and early termination of judges’ authorities, as well as
instigating disciplinary proceedings against them have been eliminated
from the authorities of the Ministry of Justice.
The
special body – the Higher qualification commission on selection and
recommending for the posts of judges at the President of the Republic of
Uzbekistan is in charge of matters of organizing the activity of courts,
in particular, the judges’ corps.
We
have established a specially authorized body at the Ministry of Justice
of the Republic of Uzbekistan – the Department for implementing the
court decisions, material, technical and financial logistics of courts,
which significantly relieved the courts of non-relevant functions and
allowed them to concentrate on accomplishing their main task – to
administer justice.
The
specialization of general jurisdiction courts was undertaken and the
courts for civil and criminal cases were established, and this
facilitated efficiency of their work in terms of qualified consideration
of criminal and civil cases, reliable protection of human rights and
freedoms.
The guarantees of judicial protection of citizens have been
significantly reinforced. The measures to ensure its accessibility have
been implemented.
It
was in this period of time when we reformed the cassation instance and
introduced the appellate procedure of review of cases. Now according to
these amendments the higher appellate instance may hear a case without
referring it to a new hearing. The citizens gained the opportunity, in
case of disagreement with the decision of the court of first instance,
which entered into force, to immediately protect their rights and lawful
interests at the cassation instance with participation of their defense
lawyer. Thus, the practice of private and closed consideration of
citizens’ complaints about the decisions of courts of first instance was
completely eliminated. The analysis of practice reveals that these
changes served as an important guarantee to timely correct the errors
made by courts of the first instance and avoid the red-tape in the legal
procedure. In 2000 about the half of judicial errors was corrected
through supervisory procedure, and on the outcomes of 2009 in more than
85 percent of cases they were corrected enacting the appellate and
cassation procedure.
We
have been consistently implementing the set of measures aimed at
ensuring equality of prosecutor and defense lawyer, competitiveness at
all stages of criminal and civil legal procedure, as well as
improving the quality and timeliness of administering justice.
In
this context, it was greatly important to adopt in 2008 the Law “On
introducing amendments and additions to some legislative acts of the
Republic of Uzbekistan to improve the institution of advocateship”. The
set of amendments and additions was introduced into the current
legislation to further consolidate independence of the advocateship as
the fundamental component of the process of liberalization of judicial
and legal system, and protection of human rights.
According to the law, the defense lawyer is given the right to render a
qualified judicial assistance at any stage of criminal process
independently of state bodies and officials responsible for procedure on
criminal case.
At
the moment, the criminal procedure legislation does not have the norms,
which used to oblige the defense lawyer to get a written confirmation
from law-enforcement agencies on the access to the case, as well as
permission to see defendant. To implement this right now it is
sufficient to have an identity card of attorney and an order issued by
the Lawyers’ Association.
The
law envisages the responsibility for obstruction of lawyer’s
professional activity, attempts to exert pressure on him by any means to
make him change his position towards defendant.
Liberalization, humanization and decriminalization of the criminal and
criminal procedure legislation became the most important direction of
development of penal policy.
We
may confidently state that the measures adopted in this sphere, in
particular, the Law “On introducing amendments and additions to the
Criminal, Criminal Procedure codes and the Code of the Republic of
Uzbekistan on administrative responsibility in connection with
liberalization of criminal punishments” of 2001 had enormous social and
political significance.
According to them, the classification of crimes was changed. About 75
percent of corpus delicti was shifted from the category of grave
and the gravest crimes to the category of crimes, which do not represent
serious public danger and the lesser grave crimes.
The
chances were considerably expanded in terms of cases related to the
crimes in the sphere of economy – instead of arrest and detention the
economic sanctions in the form of fines are applied. Such a type of
punishment as deprivation of property is excluded from the punishment
system.
The
Article 11 of the Criminal Code now envisages provisions in accordance
with which in case of compensation of damage the punishment in the form
of imprisonment is not enforced.
Doing
this we thought that it was not essential to imprison people for the
criminal cases related to economic activity, as it costs a lot for the
state and does not tackle the problem of education and rehabilitation of
the convicted.
At
the same time, thanks to these and other measures on liberalization of
the criminal punishments, today Uzbekistan has one of the lowest
indicators in the world in terms of the number of imprisoned per 100
thousand people of the country, i.e. 166 people. Let us compare: in
Russia this indicator makes up 611 and in the United States – 738
people. In our country for over the last 10 years the number of
imprisoned in the places of confinement decreased twofold.
It
was an act of exclusive importance to abolish the death penalty in
Uzbekistan from January 2008 and introduction instead of it of the
punishment in the form of life and long-term imprisonment.
The
international community has extensively reacted to the abolishment of
death penalty in Uzbekistan. The foreign experts say that with
implementation of the aforementioned and certain other measures in this
sphere Uzbekistan has managed to create one of the most liberal systems
of criminal punishment in the world. In this context, they cite the
results of a comparative analysis. In such countries as Germany and
Poland the life imprisonment can be enforced for 5 types of crimes, in
Belgium and Russia – for 6, in Denmark – for 9, Sweden – for 13, France
– for 18, the Netherlands – for 19 types of crimes, etc. In Uzbekistan
the life imprisonment is an exceptional punitive measure and is enforced
only for two crimes – for premeditated murder in aggravating
circumstances and terrorism.
In
our country this type of punishment cannot be applied to women, persons
who commit crimes at the age under 18 and the males elder than 60.
For
over the past period the set of measures has been adopted to enhance the
judicial review at the stage of pretrial investigation and
liberalization of the legal procedure in this sphere.
The introduction of “habeas corpus” became a principle step forward,
i.e. in 2008 the prosecutor’s office delegated to court the right to
issue the arrest warrant as a measure of restraint. The time has proved
that it was timely and right decision since introduction of this
institution served as an important factor to protect constitutional
rights and freedoms of a citizen and his personal immunity. Since
enforcement of this institution in January 2008 the courts more than 700
times denied the investigation bodies to apply this measure of
restraint.
According to the amendments to criminal procedure legislation, the terms
of investigation and custody were reduced.
Since 2001 the institute of reconciliation was introduced to the
law-enforcement and judicial practice and it is now effectively working.
According to this practice, the person who commits a crime that does
not pose grave public danger and fully compensates material and moral
damage to victims shall not be a subject for criminal liability.
This
institution proved to be effective and it meets the centuries-old
traditions of the Uzbek people, such as mercifulness and ability to
forgive, and these factors have served as a platform to consistently
expand it. Today the opportunity to enforce this institution is
envisaged on 53 types of crimes.
As
a result of introduction of the institution of reconciliation for over
the past period about 100 thousand citizens were released from criminal
liability.
During the recent years we have accomplished a considerable work to
ensure lawfulness in the operations of law-enforcement agencies and,
first of all, to reform the activity of prosecutor’s office in order to
turn it from a repressive instrument in the hands of party elite in the
past into a body, which provides a steadfast implementation of laws and
progression of democratic reforms in the country, as well as firm
protection of human rights and freedoms.
In
accordance with the Law “On prosecutor’s office” in the new wording of
2001, the citizens are not the subjects of prosecutor’s supervision, and
what is more, we have increased the responsibility of the prosecutor’s
office in terms of observance of rights, freedoms and lawful interests
of people.
The prosecutor’s offices are now also deprived of the right to suspend
execution of court decisions, and the city and district prosecutors are
deprived of the right to prolong terms of investigation and holding the
accused in custody.
At
the same time, the large-scale tasks in the sphere of modernization of
an entire system of political, economic, state and legal relations, and
the objectives in terms of establishing the civil society, protecting
the human rights and freedoms, put on the agenda the issue of further
democratization of the judicial and legal system.
With
an aim to effectively resolve the tasks in this sphere it is proposed to
implement the following package of organizational and legal measures.
First. It is proposed to adopt the Law “On normative legal acts”
in the new wording. The law in force was adopted ten years ago.
Meanwhile, the lawmaking process has expanded and become more complex,
and there are high demands in terms of the quality standards and
reasonableness of the normative legal acts. The aforesaid requires
creating the new and more effective mechanisms to secure observance of
law in this sphere so that the normative legal acts correspond to the
laws, as well as meet the needs of social, economic and political
reforms.
Second. It is proposed to introduce amendments and additions to the
chapters 29 and 31 of the Criminal Procedure Code of the Republic of
Uzbekistan, envisaging the order, according to which such measures of
procedural coercion applied at the stage of pretrial proceeding as
removal from the post and sending a person to medical institution can be
carried out only by the sanction of a judge.
Delegation of these powers from prosecutor to courts will allow to
enhance the judicial review while instituting an inquiry and in pretrial
investigation, expand the sphere of application of “habeas corpus” in
criminal procedure, ensure implementation of the universally recognized
principles and norms of the international law in the field of protection
of human rights and freedoms.
Third. It is proposed to make amendments to the Article 439 of the
Criminal Procedure Code of the Republic of Uzbekistan envisaging the
norm according to which the duty to announce indictment on the case in
the court of the first instance is entrusted exclusively on the
prosecutor. The legislation in force does not clearly define the duty of
a public prosecutor with regard to announcement of an indictment at the
court hearing. Therefore, an indictment is often read out by a judge and
this is the practice, which doesn’t correspond to functions and the
mission of court. The introduction of the mentioned norm to the criminal
procedure legislation shall promote independence, fairness and
impartiality of court, as well as enhance the competitive nature of the
criminal process.
Fourth. It is expedient to exclude from the Article 321 of the
Criminal Procedure Code of the Republic of Uzbekistan the authority of
court, in accordance with which it has the right to file a criminal
case. It is well known that instigating a criminal case is, first of
all, the duty of agencies of inquiry and pretrial investigation, other
law-enforcement agencies that carry out criminal prosecution. Meanwhile,
the court is required to fairly assess observance of law and
reasonableness of charges brought against a person. At the same time,
filing a criminal case by court, i.e. exercising a procedural act by it,
which in fact means the start of criminal prosecution with all relevant
consequences, makes the court a participant of this prosecution. This
does not meet its high mission, i.e. to administer justice.
Fifth. It is proposed to adopt the Law “On operational investigation
search activities”, which defines the principles, grounds, forms and
methods of undertaking the operational investigation search activities,
and the system of bodies which are to execute this activity. The law,
the adoption of which would meet the recognized practice of democratic
states, shall create the real legal guarantees to observe law, ensure
the rights and freedoms of citizens in undertaking operational
investigation search activities. At the same time, the law shall
facilitate efficiency of measures to prevent and timely cut short the
crimes at their early stage, as well as the quality of inquiry and
pretrial investigation, provide further liberalization of work of
law-enforcement agencies in this sphere, and in the first instance, the
structures of the Ministry of Interior.
Sixth. Taking into account the dynamically developing processes of
democratization, it is necessary to comprehensively work out and adopt
the Code of the Republic of Uzbekistan on administrative responsibility
in the new wording.
The
code in force was adopted in 1994 and since that time the amendments and
additions were introduced more than 60 times. And its new wording should
reflect on a systematic and complex basis the large-scale and principle
changes took place in the penal policy and administrative law due to
liberalization of the judicial-legal system.
In
particular, it should reflect the trends related to decriminalization of
criminal law and shifting the certain offences from criminal to
administrative jurisdiction. It should provide unification of
legislation on administrative responsibility now reflected in tens of
normative legal acts.
The
new wording of the code should also stipulate the measures to improve
and democratize the procedural mechanisms of examining the cases on
administrative offences, ensuring observance of law and solid protection
of citizens’ rights in this sphere.
Seventh. It is necessary to draft and adopt the legislative acts
that after the example of the developed democratic countries stipulate
establishment of legal mechanisms, which define a special role of bodies
of justice in undertaking review on observance of requirements of law,
ensuring rule of law in the work of bodies of state power and
law-enforcement agencies, including the prosecutors’ offices. The
delegation of relevant authorities to the bodies of justice that enhance
their role in carrying out a single state policy in lawmaking and
law-enforcement practice shall permit to create an effective mechanism
of checks and balances in the system of law-enforcement and supervisory
bodies of the country, which ensures observance of law and rule of law
in the course of their work.
Eighth. The progressive movement of the society towards democracy
and successful democratic reforms to much extent depends on the level of
legal awareness and legal culture of people. The high legal culture
stands as the basis of a democratic society and an indicator of maturity
of the legal system.
In
this connection, taking into account the modern political and legal
realities, it is important to create targeted and comprehensive program
of measures to radically improve the legal education and enlightenment
in the country, as well as propaganda of legal knowledge in the society.
The implementation of this program should nurture a respective attitude
of people to human rights and freedoms, and law-abiding behavior of
citizens.
III. Reforming the information sphere and ensuring freedom of speech
and information
Without ensuring the freedom of information and without turning the mass
media into the stage, where the people can freely express their views
and ideas, positions and attitude to the ongoing events, one cannot
speak about deepening the democracy, political activeness of the
population, about its real participation in political and social life of
the country. Providing freedom and rights of the citizens in the
information space, which includes such components as freedom and
realization of the rights to obtain, disseminate information and own
ideas, stands as a cornerstone of building the democratic society in
Uzbekistan.
For
over the past years, and particularly, for over the last 10 years, the
large-scale set of organizational and legal measures was implemented in
the country to ensure the freedom of speech and liberalize the mass
media.
We
have established the improved legislative basis of developing the mass
media, which meets the democratic requirements and standards. For over
this period about 10 acts of legislation were adopted to provide the
effective functioning of the information space, dynamic and free
development of the mass media.
The
adoption of the Law “On the principles and guarantees of freedom of
information” was greatly important to implement the rights of each
person to freely and without obstacles receive and use information, as
well as to protect information and information security of a person,
society and state.
The
amendments and additions, which were introduced for over the last years
to the laws “On mass media (the new wording)”, “On
telecommunications”, “On advertisement”, and the Law “On
copyright and adjacent rights” and other acts of legislation
provided deepening the democratic changes in the sphere of mass media in
the new political conditions. We have implemented the large-scale
institutional reforms aimed at developing the non-state mass media and
their active participation in the process of democratization of the
information space.
With
an aim to support the non-state mass media, enhance their material and
technical logistics and human potential, we have set up several public
organizations, namely: the National association of electronic mass
media, which now includes more than 100 electronic mass media, the
Social fund to support and develop independent print media and news
agencies of Uzbekistan.
In
the process of dynamic modernization of the mass media it was of a great
importance to adopt the new wording of the Law “On informatization”,
which defined the mechanisms of access of juridical and physical
entities to information resources with using the information
technologies and systems.
During these years Uzbekistan has set up the satellite network of
broadcasting the television and radio programs. Today the national
system of telecommunications has direct international channels on 28
directions with an access to 180 countries worldwide. There is an
on-line broadcasting over the Internet.
The
improvement of the national system of training and retraining of
personnel, with adapting the experience of the developed countries, had
a decisive significance along implementing the set of measures to
upgrade the level and quality of information activity.
As a
result of this extensive work for over the last ten years alone, the
number of print mass media grew to 1.5 times, and the number of
electronic mass media – to 7 times and now makes up about 1200 mass
media outlets. About 53 percent of all television channels and 85
percent of radio channels are the non-state. The mass media broadcast in
more than 7 languages of nations and ethnic groups living in Uzbekistan,
and there are print materials and television broadcasts in the English
language, as well. The latest digital and multimedia technologies are
being implemented to make broadcast production. There is a rapid growth
of Internet users, the number of which now makes up more than 6 million.
Critically assessing the accomplishments in terms of ensuring the
freedoms and rights of citizens in the information sphere, it is
necessary to pay a special attention to a correct setting of priorities
with regard to relations between the mass media and the bodies of state
power. This matter includes addressing such problems as elimination of
economic mechanisms of controlling the mass media, closedness of
information sources and pressure which the editorial boards of the mass
media experience on the part of authorities and administrative
structures.
The
implementation of the following measures is seen to be quite urgent:
First. The adoption of the Law “On transparency of activity of
bodies of state power and governance” could eliminate the
bottlenecks in terms of realizing the constitutional rights of citizens
to information and to much extent enhancing the responsibility of
authorities and governing bodies for the quality of their decisions.
The
law shall clearly define the procedures of informing the public about
activity of bodies of state power, ensure a broad access of people and
public associations to information regarding their decisions and, first
of all, the decisions that touch on the rights, freedoms and lawful
interests of citizens.
The
implementation of the law must provide the transparency and openness of
activity of bodies of executive power, the policy of reforms carried out
in the country, foreign and domestic policies of the state with due
consideration of political pluralism, diversity of opinions about the
events taking place in the country and abroad.
Second. It is proposed to adopt the Law “On television and radio
broadcasting” to develop this extremely important sphere of
information communications, which plays an ever more significant role in
the processes of democratization. At the moment, the activity of this
sphere is regulated by separate articles of the laws on the mass media,
radio frequency spectrum, telecommunications, and informatization.
Meanwhile, upgrading the television and radio broadcasting into an
independent and powerful industry, emergence of new forms and types of
television and radio broadcasting make it necessary to pass an integral
law which would regulate on a systematic and complete basis the
relations that take place in creating and disseminating the television
and radio programs.
The
adoption of this law shall allow to create the conditions to further
extend competition in the sphere of making and disseminating the
television and radio programs, and introduction of the new and
perspective broadcasting technologies, such as mobile and digital
television, and setting up the new promising sectors of television
industry.
The
law is called upon to define the mechanisms of legal regulation and the
principles of activity of national broadcasting systems, such as
independence of financial sources, providing transparency and democracy
in holding contests to obtain the broadcasting radio frequencies,
creating the conditions for fair competition and avoiding the monopoly
in the sectors of electronic media market and tackling many other
problems.
Third. Further strengthening of independence of the mass media is
immediately related to reinforcing the legal guarantees and mechanisms
of ensuring reliable protection of copyright and intellectual property,
introduction of market mechanisms in the information space.
In
order to tackle these tasks it is proposed to adopt the laws “On
economic foundations of activity of the mass media”, “On the guarantees
of state support of the mass media” aimed at promoting the
efficiency of activity and protection of economic interests of
participants of information market, creation of additional economic
preferences, implementation of other organizational and legal measures,
which would ensure the progressive development of the national
information space.
Fourth. In order to establish the effective legal mechanisms aimed
at extending the role of the mass media in providing the public and
parliamentary control over the activity of the bodies of state power and
governance, the close links between the authorities and society, it is
expedient to adopt respective amendments and additions to the laws
“On the mass media”, “On the principles and guarantees of freedom of
information” and some other legislative acts, which would stipulate
in particular the set of measures to reinforce the activity of press
services of state bodies and public associations, as well as the media
structures. It is necessary to work out the legal mechanisms to cut the
terms of considering the requests of the mass media for information,
reinforce the administrative responsibility of juridical entities and
officials, who infringe the provisions of law in the sphere of access to
information, and other measures.
It is
also necessary to broadly use the latest information and communication
technologies in the system of state and social construction, as they
play an ever more important role in the processes of political
modernization.
The
implementation of this task would be facilitated, if we further improve
the norms of the law “On telecommunications”, elaborate the State
program of actions on switching over to the digital television and radio
broadcasting aimed at setting up the digital broadcasting infrastructure
and effective system of legal regulation of broadcasting with using the
digital format.
In
general, the implementation of the aforementioned measures shall help to
strengthen the place and role of the mass media in the system of civil
society institutions and fuller realization of the constitutional rights
of citizens to the freedom of speech and freedom of choice.
IV. Ensuring the freedom of choice and development of the electoral
legislation in Uzbekistan
The
principles of freedom of choice and expression of will, and, first of
all, the constitutional right of each person to vote and to be elected
to the representative bodies of the state power are laid in the
foundation of the model of our national statehood. The elections
stand as a crucial matter of how democratic the legal norms are in the
country, an inalienable attribute of democratic and law-governed state,
the principal form of expression of the will of people and involvement
of citizens in governing the affairs of state and society.
In
this connection, for over the past period the deepest changes were
implemented in the sphere of creating and developing the effective and
democratic electoral system.
The
amendments and additions adopted in 2003 and 2008 to the Constitution,
the Law “On the guarantees of the rights of voters”, the new wording of
the laws “On the elections to the Oliy Majlis of the Republic of
Uzbekistan”, “On the elections to the regional, district and city
Kengashes (Councils) of people’s deputies”, “On elections of the
President of the Republic of Uzbekistan”, and other acts of legislation
passed during this period developed the legal basis which ensured the
phased and consistent liberalization of the national electoral system,
holding the elections to the bicameral parliament in full harmony with
provisions of law and generally recognized international principles and
norms.
These
laws provided a principle provision on holding elections to the
representative bodies of power exclusively on multiparty basis; that the
candidatures for the President of the country and deputies of the
Legislative Chamber are nominated by political parties, and the
candidates to deputies of the local Kengashes (Councils) – by
respective bodies of political parties on the local level. The practice
of nominating the candidates to deputies from executive bodies of state
power was eliminated and this became a principle step forward along the
path of deepening the democratic reforms in our country.
It
was an enormous event of a principle importance to adopt amendments to
electoral legislation. According to them, the Central Election
Commission is given the exclusive authorities to prepare and hold
elections, which is a rare practice in the most developed democratic
states. According to the law, any attempts to interfere in the election
campaign by the state bodies and authorities, as well as the public
associations are prosecuted by law.
On
the eve of elections of 2009 the Central Election Commission released
the Concept on preparing and holding the elections to the Oliy Majlis of
the Republic of Uzbekistan, regional, district and city Kengashes
(Councils) of people’s deputies. The foreign experts assessed the
Concept as “a unique document”. Putting it into practice in implementing
the constitutional rights of citizens to the freedom of choice and free
expression of will ensured holding the elections in full conformity with
provisions of law with the most active participation of political
parties and without interference on the part of bodies of state power in
the capital and on the local level in the election process.
The
law rules out any privileges and preferences to any participant of the
election campaign.
In
accordance with the provisions of the Constitution of the Republic of
Uzbekistan, the elections of the President, parliament and the local
representative bodies of state power are now held in one day fixed by
law, i.e. the first Sunday of the third decade of December in the year
of expiration of their constitutional terms.
The
amendments to the law on elections of 2008 became an important stage in
developing the electoral system. With increasing the number of seats
from 120 to 150, of which 135 deputies are elected from political
parties, 15 seats in the Legislative Chamber are allocated to the
deputies from the Ecological movement of Uzbekistan due to the
importance and growing urgency of the environmental issues. The law
envisages some norms that ensure further liberalization of the electoral
process.
The
six months’ term provided for registration of political parties needed
for them to participate in the elections was reduced from 6 to 4 months.
The
number of signatures of voters necessary to provide political parties an
access to take part in the elections was reduced from 50000 to 40000
citizens.
The
allowed number of proxies of a candidate for deputy was increased from 5
to 10. There is a new institution in the electoral legislation – the
authorized representative of political party with a right to participate
in examining the correct filing of subscription lists and counting
ballots at the polling stations.
There
are some new norms of law to secure greater transparency in the work of
election commissions on preparing and holding the elections.
One
observer from a political party, mass media and the observers from
foreign countries, international organizations and movements have the
right to participate at all stages of preparation and holding the
elections being present inside the premises for voting in the day of
elections and at the time of counting ballots.
The
electoral system became an important factor of enhancing the social and
political activeness of women and their role in the sphere of state and
social construction. The electoral law now stipulates the norms that
women should make up not less than 30 percent of nominees from political
parties for deputy seats.
The
implementation of this norm in the course of elections of 2009 allowed
to elect the parliament, in the lower house of which there are 33 female
deputies, or it makes up 22 percent of the total number of deputies. 15
percent of the members of the Senate are women. Today in the local
representative bodies women make up more than 20 percent of the total
number of deputies.
At
the same time, the electoral system being the most important component
of the democratic reforms and modernization of the country is constantly
developing, and it is the practice and experience, especially,
accumulated during the last elections that make it even more urgent the
issues of further democratization of the electoral processes.
In
this regard, it is expedient to implement the following legislative
initiatives.
First. It is proposed to introduce amendments and additions to the
Article 27 of the Law “On the elections to the Oliy Majlis of the
Republic of Uzbekistan” and the Article 25 of the Law “On the elections
to the regional, district and city Kengashes (Councils) of
people’s deputies”.
It is
reasoned primarily by the fact that with a tougher inter-party rivalry
the forms and methods of the election campaign are becoming more diverse
and extensive. In this connection, the electoral law should envisage the
norms aimed at improving efficiency of mechanisms of providing equal
opportunities for candidates and political parties in the course of
holding this vital stage of election campaign.
It is
essential to give a clear definition to the notion “election campaign”
and define by law the conditions, types, allowed forms and methods of
its holding.
Such
a practice is broadly used in the electoral law in various democratic
countries.
Second. It is expedient to stipulate a norm in the Article 27 of the
Law “On the elections to the Oliy Majlis of the Republic of Uzbekistan”,
according to which it is prohibited to canvass not only in the election
day but also in the day prior to polling.
The
introduction of this norm, used in the legislation of several developed
foreign countries, would permit to give voters an additional time
necessary to make up their mind and choose political preferences, in
other words, to make a conscious decision in favor of whom and what
political programs to vote for. The improvement of law in this regard
shall also allow to rule out possible abuses and violations on the eve
of elections.
Third. It is proposed to introduce additions to the Article 41 of
the Law “On the elections to the Oliy Majlis of the Republic of
Uzbekistan”, the Article 38 of the Law “On the elections to the
regional, district and city Kengashes (Councils) of people’s
deputies”. It is well known that the local election commissions often
face various situations and problems, which require more clear
stipulation in the law of terms, order and procedure of holding the
early vote. It would be another step forward along the path of reliable
ensuring the voting rights of citizens, their free expression of will,
transparency of the work of local election commissions, and preventing
possible violation of the electoral law.
Fourth. It is expedient to introduce the norm to the laws “On the
elections to the Oliy Majlis of the Republic of Uzbekistan” and “On the
elections to the regional, district and city Kengashes (Councils)
of people’s deputies”, which envisages that “within five days prior to
the voting day and in the voting day it is prohibited to publish
(publicize) the results of opinion polls, prediction of election results
and other researches related to elections being held, including their
posting to the information and telecommunication networks of common use
(including Internet)”. Enacting this norm would contribute to more
effective protection of voters’ rights, ruling out preconceived attitude
towards a certain candidate and the very possibility of violation of
electoral law on this regard.
Fifth. In order to provide the openness and transparency of
elections of deputies from the Ecological movement of Uzbekistan to the
Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan, it
is expedient to make additions to the Article 6 of the Law “On the
elections to the Oliy Majlis of the Republic of Uzbekistan”, which
stipulate the right of observers to be present at the conferences of the
Ecological movement of Uzbekistan on the election of deputies to the
Legislative Chamber.
The
implementation of the aforementioned legislative initiatives shall
contribute to more comprehensive realization of the principle of freedom
of choice and further democratization of the country’s electoral system.
V. Establishing and developing the civil society institutions
The
past years were the time of dynamic formation and development of various
institutions of civil society and non-state and non-profit
organizations, which enjoy the support of a broad public of the country.
The
stipulation in the Constitution of the principles of activity of
non-state public organizations since the early years of Independence
created conditions for development of extensive network of NGOs which
reflect the interests of different strata of population. At present
there are over 5100 NGOs in Uzbekistan functioning in various spheres of
life, and this 2.5 times more than in 2000. The number of citizens’
gatherings and the self-governance bodies – makhalla make up more
than 10 thousand. Among them there are such public organizations as the
Public Youth Movement “Kamolot”, the Women’s Committee of Uzbekistan,
the Fund “Soglom avlod uchun” (For healthy generation), the Fund of
Artists of Uzbekistan, the Public Organization “Nuroniy”, the National
Association of Non-State and Non-Profit Organizations, and others.
The civic institutions and non-state and non-profit organizations are
now becoming an important factor of protecting the democratic values,
rights, freedoms and lawful interests of people, as well as create
conditions for citizens to realize their potential, raise their social
and economic involvement and legal culture, and contribute to maintain
the balance of interests in the society.
With
developing and strengthening their authority in the society there is a
stronger role of the civil society institutions in implementing an
effective public supervision over the activity of state bodies and
authorities. Today the institution of public and civil control becomes
one of the significant elements to provide an effective feedback between
society and government, reveal the mindset of people and their attitude
towards the ongoing changes in the country.
In
Uzbekistan there are such national institutions on human rights as the
Ombudsman, the National center on human rights, the Institute for
assessing public opinion, the Institute of monitoring the current
legislation, and many other organizations.
For
over the past period, in the process of democratic renewal of the
country we have adopted more than 200 legislative acts aimed at
reinforcing the role and importance of civic institutions and resolving
the urgent social and economic problems of citizens.
The
adoption of the Law “On guarantees of activity of non-state and
non-profit organizations” was greatly important in dynamic
development of the NGOs in the system of civil society institutions and
providing them true independence. This law was aimed at protecting the
rights and lawful interests, enhancing organizational, legal, material
and technical support of activity of non-state and non-profit
organizations.
During recent years we have adopted the laws “On social funds”, “On
charity”, and the Resolution of the President of the Republic of
Uzbekistan “On measures to support development of the civil society
institutions in Uzbekistan”. These and many other documents
became a tangible stimulus to extend social activeness of civil society
institutions.
The
adoption of the Joint resolution of the Kengashes (Councils) of
the Legislative Chamber and the Senate of the Oliy Majlis of the
Republic of Uzbekistan “On the measures to reinforce the support to
non-state and non-profit organizations, other civil society
institutions”, as well as setting up of the Social fund at the
parliament and the Parliamentary commission, which includes the
authorized representatives of the NGOs and public organizations, members
and officials of financial structures, - became a milestone event in
developing the civil society in Uzbekistan.
The
work of the Parliamentary commission permits to provide more
transparent, open, targeted, and what is of a special importance,
democratic distribution of funds from the State budget to support “the
third sector” and this has a fruitful affect on strengthening the
organizational, technical and economic potential of operations of the
NGOs.
Within the last three years alone the Social fund at the Oliy Majlis
allocated more than 11 billion soums to implement various social
projects initiated by the civil society institutions.
I
believe that there is no need to persuade anyone that at the modern
stage of development of the country, further consolidation of the role
of NGOs and other civic institutions, without exaggeration, is turning
into a vital factor to reach the set objectives of democratization,
formation of the civil society and integration of our country into the
world community.
The
adoption of the Law “On social partnership” may have a profound
significance in ensuring further development of the civil society
institutions, strengthening their role in providing transparency and
efficiency of the ongoing reforms. The law shall stipulate a clear
differentiation of boundaries and improve the organizational and legal
mechanisms of interaction between the NGOs and government structures in
implementing the programs of social and economic development, resolving
the humanitarian problems, protecting the rights, freedoms and interests
of different strata of population of the country.
It is
high time to further improve organizational foundations of functioning
the citizens’ self-governance institution – makhalla, extend the
functions and ensure its close interaction with bodies of state power
and governance.
The
implementation of this task could be facilitated by introducing the
amendments and additions to the Law of the Republic of Uzbekistan “On
the citizens’ self-governance bodies” aimed at turning makhalla
into the center of targeted social protection of population, developing
the private entrepreneurship and family business, as well as further
extending its functions within the system of public control over the
activity of bodies of state governance.
It is
also proposed to adopt the amendments and additions to the Law of the
Republic of Uzbekistan “On the election of the chairman (aksakal)
of citizens’ gathering and his advisers”, which would envisage the
measures on further improvement of the election system of chairmen of
citizens’ self-governance bodies, ensure election of aksakals and
their advisers from among the most respected citizens, and upgrading the
importance and role of makhalla in promoting the social
activeness of citizens.
It is
high time to adopt the Law “On public control in the Republic of
Uzbekistan” aimed at creating the systematic and effective legal
mechanism of control on the part of society and civic institutions over
implementation of laws by bodies of state power and governance. In the
law we must define the types, forms and subjects of public control, the
subject of control and legal mechanisms of its implementation, as well
as the conditions when the officials are accountable for the failure to
implement the legislation in force in this sphere.
In
this regard, it is essential to elaborate the National program of action
in the sphere of human rights which would stipulate the measures on
carrying out the public monitoring over observance of laws, first of
all, by law-enforcement and controlling agencies, in the spheres of
protection of human rights and freedoms, and forming the culture of
human rights in the society, etc.
It is
also necessary to introduce amendments and additions to the Code of the
Republic of Uzbekistan “On administrative responsibility”, which
shall stipulate enhancement of responsibility of officials of state
bodies for infringement of provisions of law that define the rights of
NGOs in various spheres of social and state construction, social and
economic development in the regions.
It is
quite significant to work out the package of laws that create the legal
basis for participation of NGOs in implementing the priority state
programs in the spheres of public health, protection of environment,
employment, especially, among youth, social protection of vulnerable
groups of population, and other problems of great social importance.
In
particular, it is high time to draft the Law “On ecological control”
aimed at defining the role and place of the NGOs in the system of
environmental protection, as well as some other legislative acts.
VI. Further deepening the democratic market reforms and
liberalization of economy
At
the initial stage of the country’s independent development (the period
from 1991-2000) our main attention in terms of carrying out the
large-scale reforms was paid to destruction of the centralized
administrative and command system and creation of conditions to
establish the foundations, and first of all, the legal basis of market
economy.
We
can mention the following important laws and normative acts adopted at
that period: the Civil, Land, Tax and Customs codes, the Laws “On
denationalization and privatization”, “On banks and banking activity”,
“On foreign investments”, and “On guarantees and measures to protect the
rights of foreign investors”.
The
elaboration and implementation at the next phase of our reforms of such
laws as “On guarantees of freedom of entrepreneurship”, “On private
enterprise”, “On currency regulation”, “On foreign economic activity”,
“On farms”, the new wording of the tax code and more than 400 laws on
reforming the economy, served not only as a solid legal foundation of
further liberalization and modernization of economy, but also stood as a
guarantee of irreversibility of market reforms underway.
Meanwhile, the objective analysis, logics and pace of our reforms and
assessment of their conformity with modern market norms dictate a
persistent demand for further deepening, improvement and liberalization
of the system of management of economy.
In
the first instance, we need to strengthen the rights and protection of
private ownership, create a system of solid guarantees in which any
private owner must be confident that legally purchased or created
private property is inviolable. Each businessman should know that he can
without fear invest in his business, expand industrial activity,
increase the volume of production and income, as well as own, use and
dispose his property keeping in mind that the state is on the watch over
the lawful rights of a private owner. For these purposes it is necessary
to work out and adopt the Law “On protection of private
property and guarantees of rights of owners”, which would fix
the principal guarantees of the state with regard to private ownership
that represents the basis of market economy.
In
order to improve the system of management and eliminate the excessive
bureaucratic obstacles, it will be important to draft and adopt the Law
“On licensing procedures in the sphere of entrepreneurial activity”.
We need to clearly define the strictly limited shortlist and types of
licensing procedures required to do business, thus resolutely cutting
the excessive restrictions and setting forward the legislative
prohibition on introduction of the new types of licenses and licensing
procedures not envisaged by law.
To
expand the small business and entrepreneurship, the time has come to
define by law the new organizational and legal form of business – the
family business. In Uzbekistan this form of business completely
corresponds to the developed national traditions of doing business and
objective realities of economic activity. I am confident that
establishing the legislative basis for its organization shall allow to
improve legal guarantees of family business, bring about the conditions
for a rapid and extensive development of family business in different
branches of economy, and creation of new jobs.
Our
financial and banking system has proved its sustainability and
reliability during the financial and economic crisis. Meanwhile, its
further consolidation is also linked to attracting a private capital
to the banking and financial sphere through establishing the legislative
foundation of setting up private banks and such financial institutions
as leasing and insurance companies, credit unions and micro-financial
organizations based on private ownership. This shall contribute to
intensifying competition and raising the quality of banking and other
financial services, and create conditions for developing modern market
infrastructure that meets the highest international standards.
Paying tribute to an enormous work accomplished in the past years to
establish a reliable legislative basis of market reforms, we have to
acknowledge that many existing laws need a serious review with due
consideration of practices of their application and the new realities of
development of market relations in the country.
For
example, in our country practically all industrial facilities were set
up in the form of joint-stock companies. However, let us ask a question:
to what extent the joint-stock companies operate in conformity with
their status and to what extent they are using the relevant rights. What
mechanisms we need to enact so that the joint-stock companies operate in
line with their market status. In this context, we need to critically
reassess, draft and adopt the new wording of the Law “On joint-stock
companies and protecting the rights of shareholders”. The law shall
more clearly define the authorities, rights and responsibility of bodies
of corporate management and control to raise the role and importance of
Supervisory Boards, general meetings and auditing commissions of the
joint-stock companies, ensure greater guarantees to minority
shareholders, expand the access of all shareholders and potential
investors to information about the operations of the joint-stock
companies.
We
still face a pressing question about adoption of the laws, which
would ensure further expanding the scales, role and share of small
business, and first of all, the private entrepreneurship in the
country’s economy.
Despite the fact that this year the share of small business in the GDP
will exceed 50 percent, nevertheless it does not take a leading role in
the sector of real economy, primarily, in the industry. To address this
task we ought to draft the new wording of the Law “On guarantees of
freedom of entrepreneurial activity”, which shall envisage the
followings: to streamline the scheme of access to set up small business
and private entrepreneurship, provide greater freedom for their
operations, give incentives for this sector through such mechanisms as
crediting, access to resources, obtaining the government contractual
work, granting the new benefits for marketing their production,
phased transition, according to the international practice, to procedure
of annual declaration of income, to further streamline the system of
financial and statistical report, including submitting it to the
authorized state bodies in electronic form.
In
developing competition, which makes up the core of market relations, the
antimonopoly legislation plays a great role. However, the existing Law “On
competition and restricting monopolistic activity on the commodity
markets” is outdated and does not meet the modern requirements.
We need to draft and adopt the new Law “On competition”,
which would stipulate the norms that regulate the monopolistic activity
not only on the commodity, but also on the financial markets, introduce
the norms on antimonopoly regulations on operations in the stock market,
to simplify the procedure of control and regulation of operations of
merger, takeover and purchase of shares.
Today
more than 80 percent of the GDP of the country is provided by the
non-state sector. We should acknowledge that the Law “On
denationalization and privatization” of 1991 now requires review and
adoption in the new wording, despite the fact that for over the past
period we have managed to consolidate more than 80 by-laws.
We
need to continue expanding the share of non-state sector and attract the
private investors to the leading and most important branches of economy
preserving in the hands of state the controlling package or the “golden”
share of strategically important sectors and enterprises of the country.
Meanwhile, we should envisage the openness and publicity of
privatization deals, extend participation of the private sector in
privatization, and ensure equal access to privatization for all
categories of potential investors.
To
develop the aforementioned basic laws, we will need to adopt other new
laws, which would facilitate our further advancement towards free market
economy, for example: “On activity of credit bureaus and exchange of
credit information”, “On mortgage register”, “On real estate activity”,
“On investment and mutual funds”, “On innovations and modernization of
economy” and other laws in line with logics and dynamics of market
reforms underway in Uzbekistan.
Defining the most important priorities of the country’s economic
development, we need to pay a special importance to stimulate the
domestic demand. The implementation of this policy within the
Anti-crisis program on neutralizing the consequences of the global
financial and economic crisis has fully justified itself for over the
past years. We should emphasize that now it is this position that is
pursued by many Asian countries.
Proceeding from this, our priority task for the nearest future is to
continue what we have started, i.e. to pay a special attention to
further increasing the consumer demand of population, primarily, through
development of the social sphere and services, priority implementation
of the infrastructure, transport and communication projects, as well as
progressive raising wages.
Dear participants of the meeting!
Distinguished deputies!
In
conclusion, I would like to express a confidence that the proposed
Concept of further deepening the democratic reforms and establishing the
civil society in the country shall become a basis for the Oliy Majlis to
draft and implement the concrete and long-term action program in order
to continue the process of reforms and modernization of Uzbekistan that
we started almost 20 years ago.
I am addressing you with an appeal: let us do our utmost so that the
course of reforms and renewal becomes a common mobilizing goal for all
our society, each and every person living on our land of plenty today.
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