Part five. Cabinet of Ministers

Chapter XX. Cabinet of Ministers

Article 98.

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 by his position.

The Cabinet of Ministers shall:

1) be responsible for carrying out effective economic, social, financial, monetary policy, development and implementation of the programs on development of science, culture, education, health and other sectors of the economy and social sphere;

2) implement the measures on the protection of economic, social and other rights and legitimate interests of citizens;

3) coordinate and direct the work of state and economic management bodies, ensure control over their activity in procedure specified by law;

4) ensure the execution of the laws of the Republic of Uzbekistan, decisions of the Oliy Majlis, decrees, resolutions and ordinances of the President of the Republic of Uzbekistan;

5) submit the annual reports to the Oliy Majlis the Republic of Uzbekistan on the major issues of social and economic life of the country;

6) exercise other powers stipulated by this Constitution and laws of the Republic of Uzbekistan.

The Cabinet of Ministers within constitutional norms and in accordance with current legislation shall issue the resolutions and ordinances binding for all bodies, enterprises, institutions, organizations, officials and citizens on the entire territory of the Republic of Uzbekistan.

The Cabinet of Ministers, in its activity, shall be responsible before the Oliy Majlis of the Republic of Uzbekistan and the President of the Republic of Uzbekistan.

The Cabinet of Ministers currently in force shal tender its resignation to the newly-elected Oli; Majlis of the Republic of Uzbekistan, but continue its activity until the formation of the new Cabine of Ministers in accordance with the decision of th President of country.

The Prime Minister of the Republic o Uzbekistan shall:

1) organize and direct the activity of the Cabinet of Ministers, bear a personal responsibility for the efficiency of its work;

2) preside at the meetings of the Cabinet o Ministers, sign its decisions;

3) represent the Cabinet of Ministers of the Republic of Uzbekistan in international relations;

4) exercise other functions stipulated by laws of the Republic of Uzbekistan.

The nominee of a Prime Minister of the Republic of Uzbekistan shall be proposed by ; political party, securing the highest number of seats in the elections to the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistar or by several political parties, securing the equa highest number of seats.

The President of the Republic of Uzbekistan after considering the proposed nominee for the post of Prime Minister, within ten — day term shall propose it for consideration and approval by the chambers of the Oliy Majlis of the Republic of Uzbekistan.

The nominee for the post of Prime Minister, upon consideration and approval of his nominee in the Oliy Majlis of the Republic of Uzbekistan, shall present the program of action of the Cabinet of Ministers for a short and long term prospect.

A nominee of the Prime Minister shall be deemed as approved, if more than half of the total number of deputies of the Legislative Chamber and members of the Senate of the Oliy Majlis of the Republic of Uzbekistan, respectively, vote for a nominee.

Members of the Cabinet of Ministers of the Republic of Uzbekistan shall be approved by the President of the Republic of Uzbekistan on 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 at the joint session of the chambers of the Oliy Majlis of the Republic of Uzbekistan.

The vote of no — confidence in the Prime Minister shall be deemed as adopted, if not less than two thirds of the total number of deputies of the Legislative Chamber and members of the Senate of the Oliy Majlis of the Republic of Uzbekistan, respectively, vote for it. In this case, the President of the Republic of Uzbekistan shall make a

decision on relieving the Prime Minister of his post. In this case, the entire composition of the Cabinet of Ministers of the Republic of Uzbekistan resigns together with the Prime Minister.

The new nominee of the Prime Minister for consideration and approval by the chambers of the Oliy Majlis of the Republic of Uzbekistan shall be proposed by the President of the Republic of Uzbekistan after relevant consultations with all fractions of political parties represented in the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan.

In case the Oliy Majlis refuses twice the nominee 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.

The procedure of organization of functioning and competence of the Cabinet of Ministers shall be defined by law.

Chapter XXI. Fundamental principles of local bodies of state authority

Article 99.

The Kenghashes of people’s deputies, directed by khokims, are the representative bodies of authority in regions, districts, cities and towns (except towns subordinate to district centres). They shall act upon matters within their competence in accordance with the interests of the state and citizens.

Article 100.

The joint conducting of the local bodies of authority shall include:

ensurance of legality, legal order and security of citizens;

matters of economic, social and cultural development within their territories;

formation and implementation of the local budget, determination of the local taxes anspan lang=font-size: 12pt;d fees, formation of non-budget funds;

direction of the municipal economy;

protection of the environment;

ensurance of the registration of civil status acts;

adoption of normative acts and exercising other powers which are not contrary to the Constitution and legislation of the Republic of Uzbekistan.

Article 101.

The local bodies of authority shall enforce laws of the Republic of Uzbekistan, decrees of the President, decisions of the higher bodies of state authority, participate in the discussion of matters of national and local significance.

The decisions of the higher bodies, adopted within their competence, shall be binding on the subordinate bodies.

The term of office of the Kenghashes of people’s deputies and khokims is five years.

Article 102.

Khokim of region, district, city and town shall serve as the head of the representative and executive authorities of his relevant territory.

Khokim of region and the city of Tashkent shall be appointed and relieved of his post by the President of the Republic of Uzbekistan according to law.

Khokims of districts, cities and towns shall be appointed and relieved of their posts by the khokim of the region, the city of Tashkent and approved by the relevant Kenghash of people’s deputies.

Khokims of towns subordinate to district centres shall be appointed and relieved of their posts by the khokim of the district and approved by the district Kenghash of people’s deputies.

Article 103.

Khokim of region, district, city and town shall exercise his powers in accordance with the principle of one-man management and shall bear personal responsibility for decisions and actions of bodies directed by him.

Khokim of region, district, city and town shall submit to the Kengash of people’s deputies the reports on major and actual issues of socio-economic development of region, district, city and town, on which the Kengash of people’s deputies shall make appropriate decisions.

The organization of the work and powers of khokims and local Kenghashes of people’s deputies, as well as the procedure for the elections to the local Kenghashes of people’s deputies, shall be regulated by law.

Article 104.

Khokim within his vested powers shall adopt decisions which are binding on all enterprises, institutions, organizations, associations, as well as officials and citizens on the relevant territory.

Article 105.

Self-governing bodies in settlements, kishlaks and auls, as well as in makhallas of cities, towns, settlements, kishlaks and auls, shall be assemblies of citizens electing

Chairman (aksakal) and his advisers for the term of two and a half years.

The procedure for the elections, organization of the work and powers of self-governing bodies shall be regulated by law.

Chapter XXII. Judicial authority in the Republic of Uzbekistan

Article 106.

The judicial authority in the Republic of Uzbekistan shall function independently from the legislative and executive authorities, political parties, other public associations.

Article 107.

The judicial system in the Republic of Uzbekistan shall consist of the Constitutional Court of the Republic of Uzbekistan, the Supreme Court of the Republic of Uzbekistan, the Higher Economic Court of the Republic of Uzbekistan, the supreme courts of the Republic of Karakalpakstan on civil and criminal cases, the Economic Court of the Republic of Karakalpakstan elected for the term of five years, regional and Tashkent city courts on civil and criminal cases, interdistrict, district and city courts on civil and criminal cases, martial and economic courts for the same term.

The organization and procedure for the operation of courts shall be specified by law.

The formation of extraordinary courts shall be inadmissible.

Article 108.

The Constitutional Court of the Republic of Uzbekistan shall hear cases relating to the constitutionality of acts of the legislative and executive authorities.

The Constitutional Court shall be elected from political and legal scholars and shall consist of the Chairman, Deputy Chairman and judges of the Constitutional Court including a representative from the Republic of Karakalpakstan.

No member of the Constitutional Court, including the Chairman, shall have the right to simultaneously serve as a deputy.

The Chairman and members of the Constitutional Court may not be members of political parties and movements nor hold any other paid posts.

Judges of the Constitutional Court shall have the right of immunity.

Judges of the Constitutional Court shall be independent in their work and subordinate solely to the Constitution of the Republic of Uzbekistan.

Article 109.

The Constitutional Court of the Republic of Uzbekistan shall:

1) define the compliance of the Constitution of the Republic of Uzbekistan, laws of the Republic of Uzbekistan and resolutions of the chambers of the Oliy Majlis of the Republic of Uzbekistan, decrees of the President of the Republic of Uzbekistan, enactments of the government and local bodies of state authority, interstate treaties and other obligations of the Republic of Uzbekistan;

2) conform the compliance of the Constitution of the Republic of Karakalpakstan to the Constitution of the Republic of Uzbekistan, laws of the Republic of Karakalpakstan – to laws of the Republic of Uzbekistan;

3) interpret the norms of the Constitution and laws of the Republic of Uzbekistan;

4) hear other cases relating to its competence in accordance with the Constitution and laws of the Republic of Uzbekistan.

Judgments of the Constitutional Court shall take effect upon publication. They shall be final and not subject to appeal.

Organization and procedure for the work of the Constitutional Court shall be specified by law.

Article 110.

The Supreme Court of the Republic of Uzbekistan shall be the supreme judicial body of civil, criminal and administration proceedings.

The adopted by it acts shall be final and binding on the entire territory of the Republic of Uzbekistan.

The Supreme Court of the Republic of Uzbekistan shall have the right to supervise the administration of justice of the supreme courts of the Republic of Karakalpakstan, regional, city, interdistrict, district and martial courts.

Article 111.

Any economic and management disputes, that may arise between enterprises, institutions and organizations based on different forms of ownership, as well as between entrepreneurs, shall be settled by the Higher Economic Court and economic courts within their competence.

Article 112.

Judges shall be independent and subject solely to law. Any interference in the work of judges in administering law shall be inadmissible and punishable by law.

The immunity of judges shall be guaranteed by law.

Judges may not be senators, deputies of the representative bodies of state authority.

Judges may not be members of political parties, participate in political movements, as well as be engaged in any other paid activity except for research and pedagogical.

Before the completion of his term of office, a judge may be relieved of his post only on grounds specified by law.

Article 113.

Examination of cases in all courts shall be open to the public. Hearings in camera shall be allowed only in cases prescribed by law.

Article 114.

Court verdicts shall be binding on all state bodies, public associations, enterprises, institutions, organizations, officials and citizens.

Article 115.

Legal proceedings in the Republic of Uzbekistan shall be conducted in Uzbek, Karakalpak or in a language spoken by the majority of the population in the locality. Persons participating in court proceedings, who do not know the language in which it is being conducted, shall have the right to be fully acquainted with the materials of the case, participate through an interpreter in proceedings and address the court in their native language.

Article 116.

An accused shall be ensured the right to defense.

The right to legal assistance shall be guaranteed at any stage of investigation and legal proceedings. Legal assistance to citizens, enterprises, institutions and organizations shall be given by the College of Barristers. Organization and procedure for the work of the College of Barristers shall be specified by law.

Chapter XXIII. Electoral system

Article 117.

Citizens of the Republic of Uzbekistan shall have the right to elect and be elected to the representative bodies of state authority. Every elector shall have one vote. The right to vote, equality and freedom of expression of will shall be guaranteed by law.

The elections of the President of the Republic of Uzbekistan, to the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan and Jokarghy Kenes of the Republic of

Karakalpakstan, to the representative bodies of state authority in regions, districts, cities and towns shall be held accordingly on the year of expiration of the constitutional term of their powers – on the first Sunday of the third decade of December. The elections shall be held on the basis of the general, equal and direct suffrage by secret

ballot. The right to elect have the citizens of the Republic of Uzbekistan who have reached eighteen years of age.

Members of the Senate of the Oliy Majlis of the Republic of Uzbekistan shall be elected by secret ballot at relevant joint sittings of deputies of Jokarghy Kenes of the Republic of Karakalpakstan, the representative bodies of state authority in regions, districts, cities and towns from among these deputies not later a monthly term after their election.

Citizens, who have been legally certified as insane, as well as persons in prisons, may neither elect nor be elected. Any other direct or indirect infringement on citizens’ voting rights shall be inadmissible.

A citizen of the Republic of Uzbekistan may not simultaneously be a deputy in more than two representative bodies of state authority.

To organize and hold the elections of the President of the Republic of Uzbekistan, to the Oliy Majlis of the Republic of Uzbekistan, as well as referendum of the Republic of Uzbekistan, the Central Election Commission of the Republic of Uzbekistan shall be formed by the Oliy Majlis of the Republic of Uzbekistan, the main principles of activity of which shall be independence, legality, collective nature, publicity and fairness.

The Central Election Commission of the Republic of Uzbekistan shall carry out its activity on a permanent basis and shall be guided in its activity by the Constitution of the Republic of Uzbekistan, laws on elections and referendum of the Republic of Uzbekistan, and other legislative acts.

Members of the Central Election Commission of the Republic of Uzbekistan shall be elected by the Legislative Chamber and the Senate of the Oliy Majlis of the Republic of Uzbekistan on the recommendation of the Zhokarghy Kenes of the Republic of Karakalpakstan, regional and Tashkent city Kenghashes of people’s deputies.

Chairman of the Central Election Commission of the Republic of Uzbekistan shall be elected from among its members upon the nomination of the President of the Republic of Uzbekistan at the meeting of the commission.

The procedure for the elections shall be specified by law.

Chapter XXIV. Procurator’s office

Article 118.

The Procurator-General of the Republic of Uzbekistan and the procurators subordinate to him shall supervise the strict and uniform observance of laws on the territory of the Republic of Uzbekistan.

Article 119.

The Procurator-General of the Republic of Uzbekistan shall direct the centralized system of bodies of the procurator’s office.

The Procurator of the Republic of Karakalpakstan shall be appointed by the supreme representative body of the Republic of Karakalpakstan as agreed with the Procurator-General of the Republic of Uzbekistan.

Procurators of regions, districts, cities and towns shall be appointed by the Procurator-General of the Republic of Uzbekistan.

The term of office shall be five years for the Procurator-General of the Republic of Uzbekistan, the Procurator of the Republic of Karakalpakstan, procurators of regions, districts, cities and towns.

Article 120.

Bodies of the Procurator’s Office of the Republic of Uzbekistan shall exercise their powers independently of any state bodies, public associations and officials, and shall be subject solely to law.

Procurators for the term of their powers shall suspend their membership in political parties and other public associations pursuing political goals.

Organization, powers and procedure for the work of bodies of the procurator’s office shall be specified by law.

Article 121.

On the territory of the Republic of Uzbekistan shall be prohibited establishment and functioning of private, cooperative organizations, public associations and their branches independently conducting any operational work, investigations, inquiries and other functions connected with combating crime.

Public associations and citizens may render assistance to the law-enforcement bodies to safeguard legality and order, rights and freedoms of citizens.

Chapter XXV. Finance and crediting

Article 122.

The Republic of Uzbekistan shall have independent financial, monetary and credit systems.

The state budget of Uzbekistan shall consist of the national budget, the budget of the Republic of Karakalpakstan and local budgets.

Article 123.

The Republic of Uzbekistan shall have a single taxation system. The right to determine taxes shall belong to the Oliy Majlis of the Republic of Uzbekistan.

Article 124.

The banking system of the Republic of Uzbekistan shall be directed by the Central Bank of the Republic.

Chapter XXVI. Defense and security

Article 125.

The Armed Forces of the Republic of Uzbekistan shall be formed to defend the state sovereignty and territorial integrity of the Republic of Uzbekistan, peaceful life and security of its population.

The structure and organization of the Armed Forces shall be specified by law.

Article 126.

The Republic of Uzbekistan shall maintain the Armed Forces to ensure its security at a level of reasonable sufficiency.