Constitutional control in Uzbekistan: current state and development perspective
Abstract
The article analyzes the issues of improving constitutional control, ways to increase its effectiveness. The subject of the research is the legislative foundations of constitutional justice in Uzbekistan.
The essence of the institution of constitutional control, legal mechanisms of the implementation of constitutional control are considered. The disadvantages and problems of the implementation of constitutional control in the country are indicated.
It is shown that in Uzbekistan constitutional control is carried out according to the European model of constitutional justice. To date, the institution of constitutional review needs further improvement of its mechanism.
In order to analyze the current state, the author briefly shows the formation of constitutional control. Analysis of the current state of constitutional review allows us to note the following. The control carried out by the Constitutional Court needs to improve its legal framework and the practice of exercising constitutional control. The absence of the institution of constitutional complaint makes constitutional review ineffective.
The issues of introducing the institution of constitutional complaint, granting citizens and legal entities the right to apply to the Constitutional Court were considered. The author claims that when introducing a constitutional complaint, the analysis of the experience of foreign countries is especially relevant.
The article describes the features of the application of a constitutional complaint. In particular, it is proposed that the appeal of citizens is permissible provided that the constitutional rights of citizens are violated by the law, which is applied in a specific case, the consideration of which in court has been completed. Introduce a procedure for preliminary study of the appeal of citizens and legal entities; set a specific time limit for filing a constitutional complaint. It is proposed to abandon the practice of initiating questions by judges of the Constitutional Court, as well as to endow the structural divisions of the apparatus of the Constitutional Court with the right to preliminary analysis of applications received from citizens and legal entities, to verify their compliance with the requirements of the legislation. All this is aimed at improving constitutional control, increasing its effectiveness in ensuring constitutional legality in the country and protecting the fundamental rights and freedoms of citizens.
Thus, the adoption of the Constitutional Law "On the Constitutional Court of the Republic of Uzbekistan" in the new edition will serve to strengthen constitutional control, strengthen constitutional legality in the country, improve constitutional proceedings and, ultimately, effectively protect the rights and freedoms of citizens guaranteed by the Constitution of the country.
In conclusion, the reasons for the ineffectiveness of constitutional control, proposals for improving constitutional control, for introducing a constitutional complaint, criteria for the admissibility of citizens' appeals are given.
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Abstract
The article analyzes the issues of improving constitutional control, ways to increase its effectiveness. The subject of the research is the legislative foundations of constitutional justice in Uzbekistan.
The essence of the institution of constitutional control, legal mechanisms of the implementation of constitutional control are considered. The disadvantages and problems of the implementation of constitutional control in the country are indicated.
It is shown that in Uzbekistan constitutional control is carried out according to the European model of constitutional justice. To date, the institution of constitutional review needs further improvement of its mechanism.
In order to analyze the current state, the author briefly shows the formation of constitutional control. Analysis of the current state of constitutional review allows us to note the following. The control carried out by the Constitutional Court needs to improve its legal framework and the practice of exercising constitutional control. The absence of the institution of constitutional complaint makes constitutional review ineffective.
The issues of introducing the institution of constitutional complaint, granting citizens and legal entities the right to apply to the Constitutional Court were considered. The author claims that when introducing a constitutional complaint, the analysis of the experience of foreign countries is especially relevant.
The article describes the features of the application of a constitutional complaint. In particular, it is proposed that the appeal of citizens is permissible provided that the constitutional rights of citizens are violated by the law, which is applied in a specific case, the consideration of which in court has been completed. Introduce a procedure for preliminary study of the appeal of citizens and legal entities; set a specific time limit for filing a constitutional complaint. It is proposed to abandon the practice of initiating questions by judges of the Constitutional Court, as well as to endow the structural divisions of the apparatus of the Constitutional Court with the right to preliminary analysis of applications received from citizens and legal entities, to verify their compliance with the requirements of the legislation. All this is aimed at improving constitutional control, increasing its effectiveness in ensuring constitutional legality in the country and protecting the fundamental rights and freedoms of citizens.
Thus, the adoption of the Constitutional Law "On the Constitutional Court of the Republic of Uzbekistan" in the new edition will serve to strengthen constitutional control, strengthen constitutional legality in the country, improve constitutional proceedings and, ultimately, effectively protect the rights and freedoms of citizens guaranteed by the Constitution of the country.
In conclusion, the reasons for the ineffectiveness of constitutional control, proposals for improving constitutional control, for introducing a constitutional complaint, criteria for the admissibility of citizens' appeals are given.
