UPDATE: Legal Research in Uzbekistan

By Maria Stalbovskaya

Update by Mirfozil Khasanov

Mirfozil (Fazil) Khasanov is with a UNDP’s humanitarian project. Previously, he worked for the US and international human rights and humanitarian organizations in education, training and torture prevention projects.

Published November/December 2019

(Previously updated by Maria Stalbovskaya in September/October 2007 and by Mirfozil Khasanov in January 2014 and November/December 2016)

See the Archive Version!

1. Introduction

Uzbekistan is located in Central Asia and lies between latitudes 37° and 46° N, and longitudes 56° and 74° E. The ancient Great Silk Road routes that linked Europe and Asia from the 2nd century BC to the end of the 14th century AD went through the region which is now roughly corresponds to the territory of Uzbekistan. It is the most populous country of Central Asia, home to 33,254,100 people.[1] The total territory of the country is 448,978 sq. km[2] (173,351.375 sq. miles). It borders Kyrgyzstan in the east, Kazakhstan in the north, Tajikistan in the southeast, Afghanistan in the south and Turkmenistan in the west. The capital of Uzbekistan is the city of Tashkent. Samarkand, Bukhara, and Khiva and other cities of Uzbekistan are popular tourist destinations with a vast abundance of historic sites and places.

Uzbeks are the predominant ethnic group; they profess Sunni branch of Islam. Shia Muslims constitute around 1% and are mainly represented by ethnic Iranians. If previously only did Slavic populations belong to Eastern Orthodox Christianity, within the last decade representatives of other ethnic groups have joined the Orthodox church too, Judaism is represented by Ashkenazi and Bukharian Jews. Majority of Buddhists who are reported to make 0.2% of the population are ethnic Koreans.[3]

The state language is Uzbek. It belongs to the South Eastern (Karluk) branch of the Turkic languages family, and is mutually intelligible with other Turkic languages to varying degrees: over 70% with Kazakh, Kyrgyz, Tatar and Turkmen, around 60% with Azeri and Turkish and some 80% with Uyghur.[4] The Russian language continues to be used in business correspondence and official documents, as well as in everyday communication. Tajik, a variety of Persian, is predominantly spoken in Samarkand, Bukhara and is in use in the pockets across the country. The Karakalpak language is an official language of the Republic of Karakalpakstan. It is a Turkic language close to Kazakh and has been heavily influenced by Uzbek.

In the 19th century, the Imperial Russia conquered the three khanates Bukhara, Kokand and Khorezm the territories roughly corresponding to modern Uzbekistan. Despite wider resistance to the Soviets, the Soviet power was established by 1920. The Bolshevik government created the Uzbek Soviet Socialist Republic, in lieu of the short-lived Turkestan ASSR, the Bukharan People's Republic, and the Khorezm People's Republic.

During the World War II, Uzbekistan became a home for some 1,500,000 refugees evacuated from the occupied territories of the Soviet Union, including hundreds of thousands of children. Some 1,430,000 people from Uzbekistan fought against the Nazi Germany, while a number of them were lured into the Turkestan legion, military units made up of Turkic peoples to fight in the ranks of Wermacht by the promises of liberation of their country from the communist yoke.

Following the failed coup d'état of the August 18, 1991, Uzbekistan announced its independence on August 31, 1991. On December 8, 1992, the 11th session of the Supreme Council of Uzbekistan adopted a new Constitution that replaced the Constitution of the Uzbek Soviet Socialist Republic of 1977. A former Communist Party boss Islam Karimov ruled the country for 27 years. He was known for fiercely opposing anything reminiscent of radical religious groups and for repressions against political opposition, independent media and civil activists.

The Prime-Minister Shavkat Mirziyoyev became an interim President after the death of Islam Karimov in September 2016 and was sworn in as President on 14 December after winning the presidential election with reported 88.6% of the vote. The Development Strategy for 2017 - 2021 adopted shortly after he took the office outlines such priorities as good governance and judiciary reform, access to fair trial and legal services, market reforms and so on.[5]

The government set good neighborly relations and close regional cooperation as its foreign policy priority. The policy led to resolution of many contested border issue that had been stalled for almost three decades, and decreased tensions in Central Asia.

Modern Uzbekistan consists of 12 provinces, one autonomous entity and a capital with the so-called special status. The provinces, Karakalpakstan and Tashkent city are divided into districts. Karakalpakstan is an autonomous republic with own Constitution and national flag.

2. Legal System of Uzbekistan

The contemporary law of the Republic of Uzbekistan belongs to a civil law family. It is in the process of transitioning from the Soviet law-based concepts to modern legal standards, to what the government is showing keen interest as there is an understanding of importance of independent judiciary and human rights for foreign direct investments and economic development and prosperity.

Prior to the Russian conquest, the law of the Uzbek khanates was based on Shari’a (Islamic law) and adat (customary law). In an ambitious bid to develop the sense of shared citizenry among the colonized people, to incorporate them into the empire, and to promote a uniform legal system, the Imperial Russia introduced elements of the European legal system, albeit with limited success.[6] Later, the Communists sought to abolish the Shari’a courts as a part of overall secularization policy: it took almost a decade to close them down completely. In contrast with the Imperial Russia, the Communist regime considered the law as an extension and tool of politics, and courts as the government institutions that promote and implement government policies. The notions of the rule of law, civil liberties, protection of property were alien to the Soviet law.[7]

In the post-independence period, Uzbekistan retained its secular character and employed what the then-government called ”the phased approach” to reforming legislation to adapt to international standards. Meanwhile, the incumbent government called on the bureaucrats to move from the rhetoric to tackling challenges in practice.

The hierarchy of the Uzbekistan’s laws is as follows, subject to the provisions of Art. 14, Law on Regulatory Legal Acts:

The Constitution and the law on regulatory legal acts provide for supremacy of the Constitution and laws of Uzbekistan in its territory. Though many laws provide that in case of conflict between the national legislation and an international treaty, the latter is to be applied, there is no mechanism made available to directly apply them. International law and treaties do not have direct effect and have to be properly incorporated and implemented in order to be enforced.

The legislation has been undergoing numerous changes targeting the ambitious bid announced by the incumbent government to carry out a complete overhaul of the country’s governance, judiciary, economy, including promotion of the respect for human rights and freedoms, strengthening the judiciary independence, attracting investments and restructuring the national economy.

2.1. The Constitution of the Republic of Uzbekistan

The current Constitution was adopted on December 8, 1992 by the eleventh session the Supreme Counsel of the Republic of Uzbekistan of the twentieth convocation. The Constitution of the Republic of Karakalpakstan was adopted on April 9, 1993 by the twelfth session of the Supreme Counsel of the Republic of Karakalpakstan of the twelfth convocation

2.2. Constitutional Laws of the Republic Uzbekistan

The legislators have yet to define the scope of issues constitutional laws are designed to address. Since independence, the Uzbek parliament adopted 7 constitutional laws, out of which 5 remain in effect:

2.3. Codes of the Republic of Uzbekistan

The codes are very important elements of the legal system of Uzbekistan. They are given effect and/or amended by special laws.

3. Form of Government in Uzbekistan

According to the Constitution, Uzbekistan is a democratic republic, where the state power is exercised pursuant to the principle of separation of powers into legislative, executive, and judicial.

3.1. Legislative Branch of Government

3.1.1. The Oliy Majlis of the Republic of Uzbekistan

The highest representative body is the Oliy Majlis (the Supreme Assembly) of the Republic of Uzbekistan, exercising legislative powers. The referendum of January 27, 2002 approved a proposal to change the structure of the Oliy Majlis. The Oliy Majlis of the Republic of Uzbekistan was enacted on June 1, 2004 as a bicameral parliament consisting of the Legislative Chamber and the Senate. (The law amending the Constitution of the Republic of Uzbekistan was officially published on May 22, 2003).

The Legislative (lower) chamber of the Republic of Uzbekistan is composed of 150 deputies, of which 135 are elected by territorial constituencies on a multi-party basis for the term of five years .

The Senate (upper chamber) of the Republic of Uzbekistan consists of territorial representatives (senators) of the Republic of Karakalpakstan, of the provinces of Uzbekistan and of Tashkent city, elected by the respective local legislatures from among their members by secret ballot. Each territory elects six senators. The President of the Republic of Uzbekistan appoints another 16 members of Senate from among the country’s most distinguished citizenry with broad practical experience who performed meritorious service in the area of science, the arts, literature, and industry.

Parliamentarians and senators are elected for a term of five years. They cannot hold paid positions, except those related to teaching and research, during the term.

The Senate and the Legislative Chamber of the Oliy Majlis adopt and amend the Constitution and laws of the Republic of Uzbekistan; schedule referenda; define fundamental areas of foreign and domestic policy; define the structure and competences of legislative, executive and judiciary agencies; decide on issues of the national territory; regulate customs, currency and credit systems; decide on taxes and other mandatory fees; approve the national budget; convene the Central Election Commission; elect the Human Rights Ombudsperson and his/her deputy; approve the Prime Minister; declare war, national emergency, and nationwide mobilization; ratify or denounce international treaties; and exercise other powers provided for by the Constitution.

The exclusive powers of the Legislative chamber of the Oliy Majlis include election of its Speaker, Deputy Speakers, Committee Chairpersons and their deputies; stripping parliamentarians of immunity; adoption of enactments related to politics, socioeconomics and domestic and foreign polices of Uzbekistan; and adoption of parliamentary procedure and other resolutions.

The Senate has exclusive powers to elect Senate Chairperson and his/her deputies, Committee Chairpersons and their deputies; to approve the nominations for judges of the Constitutional Court, Supreme Court, Higher Economic Court made by the President of Uzbekistan; to approve decisions of the President of Uzbekistan to appoint or dismiss the Prosecutor General, the Chairpersons of the Audit Chamber and of the State Security Service; to approve the appointment and dismissal of heads of Uzbekistan's diplomatic missions and of the Central Bank Chairperson proposed by the President of Uzbekistan; to strip Senators of the immunity; to hear the reports by the Prosecutor General, Central Bank Board; and to make enactments on politics, socio-economics and foreign and domestic policy of Uzbekistan.

3.1.2. Legislative Process

The right to initiate legislation in the Oliy Majlis of the Republic of Uzbekistan is vested in the following: The President of the Republic of Uzbekistan, the Republic of Karakalpakstan through the highest body of state authority, the deputies of the Oliy Majlis of the Republic of Uzbekistan, the Cabinet of Ministers of the Republic of Uzbekistan, the Constitutional Court, the Supreme Court, the Higher Economic Court, and the Prosecutor General Office of the Republic of Uzbekistan.

The Oliy Majlis of the Republic of Uzbekistan passes laws, decisions and other regulatory legal acts. Any bill is considered to have been adopted when it is passed by a majority vote of the total number of the members of the Legislative Chamber. Amendments to the Constitution or constitutional laws are deemed to have been adopted when they are voted by the two thirds of the Chamber members.

The chamber passes the bill to the Senate, which approves or returns it. After the approval, the Senate sends the bill to the President of Uzbekistan for signing. If the bill returned by the Senate is re-voted and supported by the two-thirds of the Chamber members, it is deemed to have been adopted. The Senate may propose to the Chamber to work on a bill through a joint reconciliation commission.

Promulgation of laws and other regulatory acts is a pre-condition for their enactment. They enter in effect either on the date set under the document or 10 days after the promulgation. The presidential decrees and the resolutions of the Cabinet of Ministers enter in force in the manner specified therein and are subject to promulgation. Regulatory normative acts of the ministries, state agencies and committees enter in force after 10 days from the date of state registration with the Ministry of Justice or at the date specified thereunder: the ministries, state agencies and committees have to inform the concerned parties of these documents.

Laws cannot be retrospective, unless it is specified by the law itself. The laws and regulatory legal acts that impose harsher penalties for crimes and/or offences committed prior to their adoption can’t have retroactive effect.

3.1.3. Draft Laws and Regulatory Acts

The draft laws and regulatory acts are published at Uzbekistan’s regulatory websites. The users can contribute to the discussions of the content upon registration.

3.2. Executive Branch of Government

The Executive branch of powers include: The President of the Republic of Uzbekistan, the Cabinet of Ministers of the Republic of Uzbekistan, the Council of Ministers of the Republic of Karakalpakstan, and hokimiyats (administrations) of provinces and cities.

3.2.1. Presidency

The President of the Republic of Uzbekistan is the head of state and the executive authority responsible for coherent functioning and interaction of the public administration agencies in the Republic of Uzbekistan. The April 11, 2007 constitutional amendment assigned the executive power to the Cabinet of Ministers, headed by the Prime Minister.

The President of the Republic of Uzbekistan is elected for a term of five years. It is the second change of the office term since 1991. The original five-year term was extended to seven years by the May 22, 2003 law and reduced back to five years by the December 12, 2011 amendment.

The powers of the President of the Republic of Uzbekistan include:

The President of the Republic of Uzbekistan issues decrees, enactments and ordinances binding on the entire territory of the Republic on the basis of enforcement of the Constitution and the laws of the Republic of Uzbekistan.

President Mirziyoyev has been making extensive use of presidential powers to reform governance, economy, criminal justice and other sectors.[10] His government launched an online web-portal for citizens’ complaints that subsequently has grown into a chain of public complaint submission offices; abolished exit visas, a leftover of the Soviet regime, which in fact means a government’s permission to travel to foreign countries, and introduced travel passports; waived entry visas for nationals of several dozens of countries; had the Ministry of Internal Affairs equip patrol and traffic police officers with body cameras and install video recording in suspect/witness interrogation rooms and detention facilities across the country; had the Customs Committee implement an online custom clearance system for imports and exports; established an office of the Business Ombudsman, to name few.

3.2.2. Government

The Cabinet of Ministers is a top executive power agency, responsible for efficient management of economics, and social and spiritual sectors as well as for enforcement of laws, ordinances and decisions of the Oliy Majlis and the President. It issues enactments and ordinances that are binding on all bodies of administration, enterprises, institutions, organizations, officials and citizens throughout the Republic of Uzbekistan.

According to the Constitution, the majority party or faction nominates its candidate for the office of Prime-Minister and submits it to the President of Uzbekistan's for approval. After the President approves the nomination, the Legislative Chamber and Senate vote on it.

The Prime-Minister submits the nominations for the Cabinet to the President for approval. The Oliy Majlis can remove the Prime-Minister, if the President of Uzbekistan approves their motion of no confidence. The President of Uzbekistan consults with political parties and factions to nominate a new candidate. If the nominee is not approved by the Oliy Majlis twice, the President dissolves the Parliament and appoints a Prime-Minister.

In accordance with the article 98 of Constitution, the Prime Minister shall:


State Committees:

State Agencies:

State Inspections:

Other Committees:

3.3. Judicial Branch of Government

The judicial system of Uzbekistan has been the focus of the incumbent government. It founded the Supreme Judicial Council authorized to select and develop judicial staff and designed to promote judicial independence. The appointment authority was shifted from the president to the Council. The tenure of judicial office (5 years with option for re-appointment), was modified too: the first term is set at 5 years, the next consecutive reappointment is 10 years and the third re-appointment is life tenure.

Additionally, the judiciary underwent structural reforms: the Higher Economic Court was merged with the Supreme Court to harmonize administration of justice, the military collegium was dissolved (while the military justice was retained), and the administrative courts and the administrative collegium respectively, were founded to try cases related to public law and administration.[11]

The judicial branch consists of the following courts: the Constitutional Court of the Republic of Uzbekistan; the Supreme Court of the Republic of Uzbekistan; military courts; the Supreme Court of Karakalpakstan, provincial courts and the Tashkent city court on civil cases; the Supreme Court of the Republic of Karakalpakstan, provincial courts and the Tashkent city court on criminal cases; economic courts of the Republic of Karakalpakstan, of provinces and Tashkent city; administrative courts of the Republic of Karakalpakstan, of provinces and Tashkent city; inter-district, district (town) courts on civil cases; district (town) courts on criminal cases; inter-district, district (town) economic courts; district (town) administrative courts.

The Constitutional Court of the Republic of Uzbekistan is the only court that exercises exclusively judicial review: it hears cases related to the constitutionality of laws, regulatory legal acts and decisions passed by the legislative and executive branches, as well as of treaty and other obligations of Uzbekistan; interprets the Constitution and laws of Uzbekistan; and exercises other competences specified under the law on the Constitutional law. The Court refrains from examining and establishing facts, if the latter is within the competence of other courts or agencies.

The Supreme Court of the Republic of Uzbekistan is the highest court administering civil, criminal, and administrative justice. Its rulings are binding throughout the Republic of Uzbekistan for every natural and legal person. The Supreme Court has the right to supervise the administration of justice by the Supreme Court of the Republic of Karakalpakstan, as well as by provincial, city, town, and district courts. The Supreme Court issues interpretations and guidances for application of laws that are binding for lower courts and recommendatory for law-enforcement agencies.

Economic courts try economic (commercial) disputes between entrepreneurs, public and private businesses and organizations.

Treteyskie sudy (Arbitration Courts or Mediation Tribunals) are not a part of the judicial system, like in some other countries. Pursuing the objective of reaching amicable solution and preserving cooperation between the parties (natural and/or legal persons), they adjudicate disputes between parties that have chosen to refer a matter under civil law or commercial law to the tribunals and submit it to their competence. The decisions taken by the tribunals are binding, not subject to review by competent courts, enforceable by law and enter in force immediately. They cost less and last shorter than civil or economic court hearings. Uzbekistan is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958.

Useful links:

4. Legal Resources

4.1. Online

4.1.1. International Resources

4.1.2. Local Resources on Uzbekistan

4.2. Print

4.2.1. Official Legal Issues

4.2.2. Other Legal Serial Publications



Reference Books:

[1] Report of the Uzbek State Statistics Committee, accessed in June 2019.

[2] The Government Portal of the Republic of Uzbekistan, Territory, accessed in December 2019.

[3] A Bit of Zen in Tashkent: The Structure of the Only Functioning Buddhist Temple in Central Asia, by Darina Solod, accessed in December 2019.

[4] Robert Lindsay. Mutual Intelligibility Among the Turkic Languages, accessed in June 2019.

[5] For more on the Soviet and post-independence periods of Uzbekistan, see Starr, Fred. Change and Continuity in Uzbekistan, 1991-2016, accessed on July 4, 2019.

[6] See An Overview of Tsarist Policy on Islamic Courts in Turkestan: Its Genealogy and Effects, by Paolo Santori, accessed on July 1, 2019.

[7] For more on the Soviet law, see Major Legal Systems in the World Today: An Introduction to the Comparative Study of Law [René David, John E. C. Brierley].

[8] New Housing Code is being discussed.

[9] New Tax Code is being discussed.

[10] For basic facts and indicators of 2019, see The Economist Intelligent Unit, Uzbekistan Country Profile at https://country.eiu.com/uzbekistan.

[11] Decree of the President of Uzbekistan #UP-4966 of 21 February 2017.

[12] Art. 29, Law on Regulatory Legal Acts.

[13] See International Journal of Philosophy and Life, https://tadqiqot.uz/jurnallar/falsafa-fanlari/.

[14] See for the content of issues of Civil Society publication at http://fj.uz/.

[15] For details, see https://sud.webmaster.uz/uploads/2019/03/4-odil-sudlov-zurnali.pdf, accessed in December 2019.