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Issues of Improving the Activity of the Constitutional Court of the Republic of Uzbekistan in the protection of Human Rights

In modern times, the institution of constitutional control serves as an effective instrument for ensuring the supremacy of the Constitution and the law. The protection of human rights and freedoms through constitutional review facilitates the implementation of the principles of constitutional supremacy and the direct application of human rights. By safeguarding the rights and freedoms of a specific individual, the institution of constitutional control contributes to the protection of the rights of others, thereby preventing potential legal violations in the future. 
The Constitution of the Republic of Uzbekistan strengthens the guarantees of human rights. The Basic Law is supported by provisions that provide the following guarantees for the protection of human rights and freedoms:
first, it is established that actions involving the restriction of human rights and freedoms are permissible only in accordance with the law and based on a court decision;
second, the validity of legal enforcement measures is built upon the principles of proportionality and sufficiency;
third, any contradictions and ambiguities in the legislation arising in the relationship between an individual and state bodies shall be interpreted in favor of the individual;
fourth, citizens are granted the right to appeal to international organizations for the protection of human rights and freedoms;
fifth, the institution of constitutional complaint is enshrined at the level of constitutional norms.
In its decisions, the Constitutional Court of the Republic of Uzbekistan establishes essential legal frameworks for the evolution of legislation and determines measures to eliminate norms that contradict the Constitution.
In accordance with Article 133 of the Constitution of the Republic of Uzbekistan, the Constitutional Court annually submits information to the chambers of the Parliament and the President of the Republic of Uzbekistan regarding the state of constitutional legality in the country, based on the synthesis of constitutional proceedings. Reporting on the state of constitutional legality is a legislative novelty and has been introduced into the legislation of Uzbekistan for the first time.
In December 2025, the Constitutional Court of the Republic of Uzbekistan held a session to review and adopt the Report on the state of constitutional legality in the country for the year 2025.
In its Report, the Constitutional Court drew attention to the issues raised in citizens' appeals concerning the protection of their constitutional rights and freedoms. In particular, the Constitutional Court emphasized the necessity of strict adherence to the principle of the direct application of human rights, as enshrined in Article 20 of the Constitution. This principle is founded on the inviolability of human rights and freedoms, which must be fully realized without hindrance, regardless of any specific conditions or requirements.
Article 28 of the Constitution of the Republic of Uzbekistan establishes that all doubts concerning guilt, if the possibilities to resolve them have been exhausted, must be settled in favor of the suspect, the accused, the defendant, or the convicted person. A person may not be found guilty or subjected to punishment if their confession is the sole evidence against them.
In its decision, the Constitutional Court drew the attention of state bodies and officials to the fact that constitutional norms have direct effect, regardless of the adoption or existence of relevant laws or other regulatory acts. Furthermore, the absence of a specific legal act on a particular issue cannot serve as a ground for the non-application of the corresponding constitutional norm.
Based on the foregoing, the Constitutional Court recommended:
To draw the attention of ministries and departments to the necessity, when bringing legislation into line with the Constitution, not only to revise norms that contradict it but also to align them with the spirit and the letter of the Constitution;
To strengthen the focus on the direct application of the Constitution as an essential component of the training and professional development systems for civil servants, including judicial and law enforcement personnel.
The Report of the Constitutional Court noted that any violation of constitutional norms negatively affects public trust in the Constitution and the expectations placed upon it; consequently, this impacts the attitude toward the state and the ongoing reforms. In this regard, the implementation of the Constitution requires a high level of legal awareness and culture. This process is closely linked to transforming the Constitution into a fundamental part of social consciousness, primarily within the mindset of civil servants.
It should be noted that the ability to refer directly to the Constitution and apply its norms allows the courts to fully exercise their primary social function—protecting human rights and freedoms from any forms of arbitrariness, including infringements not only by other individuals but also by the state itself.
Ensuring the right of every person to access constitutional justice through the mechanism of constitutional complaint serves as a vital legal instrument for the protection of the constitutional rights and freedoms of citizens.
The Constitutional Court urged state bodies to fully recognize their responsibility for the implementation of the Basic Law and to ensure constitutional legality in the country, emphasizing that their activities must not restrict the rights and freedoms of citizens guaranteed by the Constitution.
One of the most significant norms established in the Constitution is the adherence to constitutional principles and the adequacy of legal measures. This constitutional provision necessitates a comprehensive review of all legal enforcement measures within the existing legislation.
As the Constitutional Court noted, legal enforcement measures must be fair, proportionate, and sufficient to achieve their intended purpose. These measures should not restrict the rights and freedoms of citizens to an unreasonable degree—meaning they must not exceed the necessary limits required to achieve the objective of the enforcement measure.
Any legal enforcement measure must ensure a balance between the constitutional rights and freedoms of the individual and the interests of the state and society. Legal enforcement measures must not restrict the rights and freedoms of citizens to an unreasonable degree, specifically avoiding any extent that goes beyond what is necessary to accomplish the measure's purpose.
In order to ensure compliance with the constitutional principles of proportionality and the adequacy of legal enforcement measures, the Constitutional Court proposed a review of certain criminal and administrative sanctions, financial penalties, liquidated damages, fines, and other measures.
The Constitutional Court considers it necessary to make the institution of constitutional complaint more accessible to citizens by increasing their awareness and legal culture, as well as by addressing the issues of providing qualified legal assistance to citizens within the sphere of constitutional proceedings.
In its Report, the Constitutional Court indicated that instances of non-compliance with constitutional rights must be at the center of attention of the relevant competent state bodies, and every related case must be immediately investigated, with necessary measures taken to restore the violated rights.
The Constitution of the Republic of Uzbekistan stipulates that the state shall create conditions for the compensation of damages caused to victims. In this regard, the Constitutional Court noted that, based on proposals received from the public, it is advisable to take the initial steps toward creating conditions for victim compensation. This includes introducing a requirement to consider the restitution of damages by those convicted of certain crimes - primarily fraud - when substituting a sentence with a more lenient one.
In conclusion, it can be stated that the adoption of the updated Constitution of the Republic of Uzbekistan marks a qualitatively new stage in the development of constitutional legality and the strengthening of the supremacy of the Constitution in our country. An analysis of the state of constitutional legality allows us to conclude that the supremacy of the Constitution is being ensured, along with the direct application of its norms and the guaranteed protection of the fundamental rights and freedoms of the citizens.
The new Constitution contributes to increasing the effectiveness of constitutional review and creates the necessary conditions for elevating the work of the Constitutional Court to a new level in ensuring the supremacy of the Constitution of the Republic of Uzbekistan.
The analysis of the development of the institution of constitutional control under the conditions of constitutional reform confirms that the adoption of the new Constitution of the Republic of Uzbekistan undoubtedly serves to increase the efficiency of constitutional review and improve constitutional proceedings. It creates the necessary conditions to elevate the activities of the Constitutional Court in ensuring the supremacy of the Constitution of the Republic of Uzbekistan to a qualitatively new level.

Askar Gafurov
Deputy Chairman of
the Constitutional Court of
the Republic of Uzbekistan.
Doctor of Law.

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