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Effective constitutional oversight to be established over the activities of executive authorities
11:24 / 2025-12-19

By the Decree of the Head of State of December 18, 2025, entitled “On measures to further improve the activities of the Constitutional Court of the Republic of Uzbekistan and introduce modern digital technologies”, the relevant document was adopted.

Deputy Chair of the Scientific Advisory Council under the Constitutional Court of the Republic of Uzbekistan, Doctor of Law, Professor Foziljon Otakhonov, spoke about the significance and key aspects of the Decree:

– This Decree, adopted by the President of the Republic of Uzbekistan, is a significant political and legal document aimed at strengthening constitutional values, bringing the activities of the Constitutional Court to a new stage of development, and enhancing practical mechanisms for the protection of human rights.

For New Uzbekistan, which is consistently and resolutely pursuing the path of building a state governed by the rule of law, the place of the Constitution in public life and its tangible, practical impact are of decisive importance. The Constitution is not only the Basic Law that defines the state structure and the powers of public authorities, but also, above all, the supreme guarantee of human rights and freedoms. In this context, the effective functioning of the constitutional review institution, which ensures the supremacy of the Constitution, is a key attribute of a rule-of-law state.

Its content and essence are, above all, closely connected with the idea of transforming the Constitutional Court into a real and effective instrument for protecting the rights and lawful interests of individuals and legal entities. The priority objectives defined by the Head of State envisage a further increase in the openness, public orientation, and effectiveness of the Constitutional Court’s activities. In particular, priority is given to expanding access to constitutional justice for citizens and legal entities, and to developing mechanisms to restore rights and freedoms that have been violated. This approach allows the Constitution to be perceived not as a set of abstract norms, but as a document that genuinely operates in the life of every individual and adequately protects their rights and freedoms.

One aspect emphasized in the Decree is the simplification of procedures for applying to the Constitutional Court and the elimination of excessive bureaucratic barriers. In practice, citizens often could not bring their applications to a logical conclusion due to legal complexity, limitations of competence, or formal procedural requirements. The new approach is aimed at reducing unnecessary costs and inconvenience for applicants and ensuring that their legal issues receive attention. As a result, the legal dialogue between the state and the citizen rises to a qualitatively new level.

The Decree also expands the Constitutional Court’s powers, enabling effective constitutional oversight of executive authorities’ activities. This aspect is crucial from the perspective of the rule-of-law theory, as the supremacy of the Constitution can be ensured only through an effective system of checks and balances among the branches of government.

The provisions in the Decree ensure that decisions of the Constitutional Court acquire not merely a recommendatory, but a genuine legal character. In particular, if a court’s decision in a specific case is found by the Constitutional Court to be inconsistent with the Constitution, the possibility of reviewing the relevant judicial act arises, which represents an important step in restoring violated human rights. In this way, the direct impact of Constitutional Court decisions on judicial practice is ensured.

In addition, the introduction of a mechanism to suspend proceedings in a case when courts initiate an application to the Constitutional Court contributes to a uniform approach to the application of legislation. This prevents inconsistent interpretations of the same legal norms across courts and helps ensure the stability of judicial decisions. As a result, the Constitutional Court, relying on constitutional norms, is further strengthened as the central institution providing legal guidance to the entire judicial system.

The Decree also emphasizes strengthening the constitutional complaint mechanism. This institution is an important legal mechanism that directly protects citizens under the Constitution. Under the new procedure, applications submitted by persons who do not have the right of direct access to the Constitutional Court are forwarded to the relevant authorized entities, and if the issue raised in the application has not been brought before the Constitutional Court, a reasoned legal explanation is provided to the citizen or legal entity. This approach increases the accountability of state bodies to citizens and ensures that no application is overlooked.

One of the most important and modern directions of the Decree is the phased digitalization of the Constitutional Court’s activities. The introduction of digital technologies is intended to increase transparency, openness, and efficiency in the administration of justice. In the 2026-2027 program, electronic submissions, online monitoring, videoconferencing, interactive services, and real-time broadcasting of court hearings are planned. The implementation of the “E-KSUD” information system will transform the Constitutional Court into a more open, modern institution that is more closely connected to society.

Particular attention should be given to creating special conditions for persons with disabilities, which is a practical expression of the principles of respect for human dignity and equal opportunities. This, in turn, clearly demonstrates Uzbekistan’s commitment to international human rights standards.

The Decree also outlines measures to strengthen the Constitutional Court’s organizational and legal foundations. The allocation of additional staff positions and the alignment of remuneration and incentive conditions with judges’ status enhance institutional guarantees of the Constitutional Court’s independence. These measures create a solid basis for attracting highly qualified professionals to the Court’s apparatus and for improving the quality and soundness of judicial decisions.

Overall, this Decree consistently strengthens the Constitutional Court as a genuine defender of citizens’ rights and freedoms. This body exercises effective constitutional oversight of the activities of state authorities and operates an open, transparent, and modern judicial institution. 

Within the framework of the Uzbekistan 2030 Strategy, this document is critical to the practical implementation of the principles of the rule of law, a just society, and respect for human dignity. It is assessed as another significant step toward the formation and strengthening of constitutional culture in the country.

Norgul Abduraimova, UzA