The Development of the Institution of Constitutional Justice in the Republic of Uzbekistan: Problems of Theory and Practice

The article is devoted to the analysis of the main trends and features of the development of the institution of constitutional justice in the Republic of Uzbekistan. The aim of this research is to identify both the common features characteristic of the development of this institution in the countries existing in the post-Soviet space and the specifics caused by the peculiarities of the state and legal development of Uzbekistan. In the research, the comparative legal method was used in the analysis of certain elements of the legal status of the Constitutional Court of Uzbekistan (organization, competence, status of judges, legal force of decisions, etc.) in accordance with the laws "Оп the Constitutional Court of the Republic of Uzbekistan" of 1993, 1995, and 2017, as well as when compared with the development of this institution in the Russian Federation and other CIS countries. In addition, analytical, formal-legal and other methods were applied, which made it possible to formulate the main conclusions. Based on a systematic analysis of the laws of the Republic of Uzbekistan on constitutional justice, decisions of the Constitutional Court of this country, a study of the works of leading Russian (N.V. Vitruk, A.A. Klishas, I.A. Kravets, M.A. Mityukov, etc.) and Uzbek (U. Bazarov, B.Sh. Mirbabaev, A.Z. Mukhamedzhanov, S. Khakimova, B.A. Eshonov, etc.) researchers in this area identified the main directions for improving the legal regulation of the organization and activities of the Constitutional Court of the Republic of Uzbekistan. These include: change of the status of judges of the Constitutional Court (the introduction of mandatory requirements for higher legal education and work experience in a legal speciality, a significant increase in terms of office, etc.); a more complete legislative regulation of the powers of the Constitutional Court, especially taking into account the need for their procedural differentiation; the transition from the regulatory to the legislative form of regulation of constitutional proceedings; the introduction of a full-fledged institution of a constitutional complaint allowing citizens and their associations to apply directly to the Constitutional Court in order to protect their rights; the exclusion of the possibility of initiating constitutional legal proceedings on the initiative of judges of the Constitutional Court and others. The need to implement these measures also follows from the general tasks of the judicial and legal reform in Uzbekistan, which involves strengthening the independence of judges, implementing the principle of competition and equality of parties, further developing the specialization of courts, strengthening professional principles in the administration of justice and ensuring its accessibility to protect the rights of citizens and organizations.

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