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CONSTITUTIONAL LAW OF THE REPUBLIC OF UZBEKISTAN

On the Senate of the Oliy Majlis of the Republic of Uzbekistan

 

I. GENERAL PROVISIONS

Article 1. Purpose of this Law

The purpose of this Law shall be definition of the status of the Senate of the Oliy Majlis of the Republic of Uzbekistan (hereinafter – the Senate), and regulation of the affairs to organize the work of the Senate and its interaction with the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan (hereinafter - the Legislative Chamber), and other government bodies.

Article 2. The Senate

The Senate (upper chamber) of the Oliy Majlis of the Republic of Uzbekistan shall be the chamber of territorial representation.

Members of the Senate (Senators) shall be elected in equal number – six persons – from the Republic of Karakalpakstan, regions and the city of Tashkent by secret vote in the respective joint meetings of the deputies of Jokargi Kenes of the Republic of Karakalpakstan, representative bodies of the authorities of the regions, districts, and towns among the deputies.

Sixteen members of the Senate shall be appointed by the President of the Republic of Uzbekistan among the distinguished citizens with substantial practical experience and achievements in science, art, literature, manufacturing, and other spheres of government and public work.

Work of the Senate shall be based on the activities of the Senators convened for plenary meetings (hereinafter - meetings) and meetings of its committees.

Establishment of groups on territorial, political, and other grounds in the Senate shall be prohibited.

Article 3. Legal foundation of the work of the Senate

Order of work of the Senate shall be determined in the Constitution of the Republic of Uzbekistan, this Law and other legislative acts.

Article 4. Establishment of the Senate membership

Order of establishment of the Senate shall be determined by the Law of the Republic of Uzbekistan " On elections of the Oliy Majlis of the Republic of Uzbekistan" and other legislative acts.

Article 5. Term of the Senate

Term of the Senate – five years.

In expiration of its term the Senate shall continue its work until the commencement of the work of the next Senate.

Article 6. Member of the Senate

Citizen of the Republic of Uzbekistan who have attained the age of twenty five years on the day of elections and permanently resident in the Republic of Uzbekistan no less than five years may become a member of the Senate.

Same person may not be simultaneously a member of the Senate and a deputy of the Legislative Chamber.

Member of the Senate shall enjoy the right of immunity. He may not be prosecuted, detained, arrested, or be subject to administrative reprimand by court without the consent of the Senate, or the Council of the Senate in the period between the meetings of the Senate.

Member of the Senate shall be compensated all expenses related to his senatorial work.

Authority of the deputy of the Legislative Chamber may be ceased prematurely in the cases and the order stipulated in law.

Members of the Senate may work at the Senate on full-time basis. The number of the senators working full-time at the Senate shall be determined from one-fourth to the total number of the senators. In the period of their term they may not engage in paid work other than academic and research work.

Status of a member of the Senate shall be defined by law.

Article 7. Acts of the Senate

The Senate shall adopt resolutions on the issues of its competence as well as on the internal order of business of the chamber.

The Senate may make statements and addresses on general political, socioeconomic and other issues that shall be recorded in the resolution of the chamber.

Resolutions of the Senate except the cases stipulated in this Law shall be adopted by the majority of the votes of the total number of deputies.

II. POWERS OF THE SENATE AND ORGANIZATIONAL FORMS OF ITS WORK

Article 8. Powers of the Senate vested for joint exercise with the Legislative Chamber

Powers of the Senate vested for joint exercise with the Legislative Chamber shall include:

1) Adoption of the Constitution of the Republic of Uzbekistan, and introduction of changes and amendments therein;

2) Adoption of constitutional laws, laws of the Republic of Uzbekistan, and introduction of changes and amendments therein;

3) Decision to conduct a referendum of the Republic of Uzbekistan and determination of the date of its holding;

4) Determination of the main directions of the domestic and foreign policy of the Republic of Uzbekistan and adoption of strategic government programs;

5) Establishment of the system and powers of the legislative, executive, and judicial branches of the government of the Republic of Uzbekistan in compliance with the Constitution of the Republic of Uzbekistan;

6) Admission of new states into the Republic of Uzbekistan and approval of their separation from the Republic of Uzbekistan;

7) Legislative regulation of the customs, currency and lending;

8) Establishment of taxes and other dues;

9) Legislative regulation of the issues of the administrative – territorial structure and change of the borders of the Republic of Uzbekistan;

10) Establishment, elimination, renaming of the districts, cities, regions and alteration of their borders;

11) Adoption of the State budget of the Republic of Uzbekistan on the proposal of the Cabinet of Ministers of the Republic of Uzbekistan and overseeing its implementation;

12) Establishment of state awards and titles;

13) Approval of the decrees of the President of the Republic of Uzbekistan on establishment and termination of ministries, state committees, and other state governance bodies;

14) Establishment of the Central Electoral Commission of the Republic of Uzbekistan;

15) Review and approval of the candidacies of the Prime Minister of the Republic of Uzbekistan, his first deputy and deputies by the nomination of the President of the Republic of Uzbekistan;

Members of the Cabinet of Ministers of the Republic of Uzbekistan shall be approved by the President of the Republic of Uzbekistan on proposal of the Prime Minister of the Republic of Uzbekistan;

16) Election of the Commissioner of the Oliy Majlis of the Republic of Uzbekistan for Human Rights and his deputy;

17) Review of the report of Controller’s Office of the Republic of Uzbekistan,

18) Approval of the decree of the President of the Republic of Uzbekistan on declaration of war in case of attack on the Republic of Uzbekistan or in case of necessity to fulfill treaty liabilities on collective defense from aggression;

19) Approval of the decrees of the President of the Republic of Uzbekistan on declaration of general or partial mobilization, introduction, extension and cessation of the state of emergency;

20) Decide on ratification and denunciation of the international treaties of the Republic of Uzbekistan;

21) Exercise of other powers granted under the Constitution of the Republic of Uzbekistan;

The issues of joint competence of the chambers shall be first considered in the Legislative Chamber, then in the Senate

Article 9. Exclusive powers of the Senate

Exclusive powers of the Senate shall include:

1) Election of the Chair of the Senate and his deputies, chairs of committees and their deputies;

2) Election of the Constitutional Court of the Republic of Uzbekistan on proposal of the President of the Republic of Uzbekistan;

3) Election of the Supreme Court of the Republic of Uzbekistan on proposal of the President of the Republic of Uzbekistan;

4) Election of the Supreme Trade Court of the Republic of Uzbekistan on proposal of the President of the Republic of Uzbekistan;

5) Appointment and dismissal of the chairman of the State Committee for Protection of Nature and his deputies on proposal of the President of the Republic of Uzbekistan;

6) Approval of the decrees of the President of the Republic of Uzbekistan on appointment and dismissal of the Prosecutor General of the Republic of Uzbekistan and his deputies;

7) Approval of the decrees of the President of the Republic of Uzbekistan on appointment and dismissal of the Chairman of the National Security Service of the Republic of Uzbekistan;

8) Appointment and dismissal of the diplomatic and other representatives of the Republic of Uzbekistan abroad on proposal of the President of the Republic of Uzbekistan;

9) Appointment and dismissal of the Chairman of the Board of the Central Bank of the Republic of Uzbekistan on proposal of the President of the Republic of Uzbekistan;

10) Adopt amnesty acts on proposal of the President of the Republic of Uzbekistan;

11) Withdrawal of the immunity of a member of the Senate on petition of the Prosecutor General of the Republic of Uzbekistan;

12) Hear the reports of the Prosecutor General of the Republic of Uzbekistan, Chairman of the State Committee for Protection of Nature, and of the Chairman of the Board of the Central Bank of the Republic of Uzbekistan;

13) Adoption of the Regulations and other issues related to the organization of its work and internal order of business of the chamber;

14) Adoption of resolutions of the Senate on the issues of political and socioeconomic life, and the issues of internal and foreign policy of the state.

The rrder of election, appointment, and dismissal of government officials by the Senate on the proposal of the President of the Republic of Uzbekistan shall be determined in the Regulations of the Senate.

Article 10. Meeting of the Senate

The Senate meetings shall be the organizational form of its work.

Meetings of the Senate shall be held in case of necessity but no fewer than three times a year.

The Chairman of the Central Electoral Commission shall convene the first meeting of the Senate and chair therein until the election of the Chair of the Senate.

Extraordinary meeting of the Senate may be convened on proposal of the President of the Republic of Uzbekistan, Chair of the Senate or proposal of no less than one third of the total number of members of the Senate.

Laws of the Republic of Uzbekistan shall be approved and acts of the Senate shall be adopted exclusively at the meetings of the Senate;

The President of the Republic of Uzbekistan, Speaker of the Legislative Chamber, Prime Minister, members of the Cabinet of Ministers, Chairmen of the Constitutional Court, Supreme Court, Supreme Trade Court, Prosecutor General of the Republic of Uzbekistan may participate at the meetings of the Senate and its bodies.

Representatives of government agencies and non-governmental non-profit organizations, research institutions, specialists and scholars, representatives of the press, television, radio and other media may be invited to the meetings of the Senate.

Meetings of the Senate shall be held in open and transparent manner. The Senate may decide to hold closed meetings in case of necessity.

The order of organization and holding of the Senate meetings shall be determined in the Regulations of the Senate.

Article 11. Joint meetings of the Senate and Legislative Chamber

Joint meetings of the Senate and Legislative Chamber shall be held in taking oath of the President of the Republic of Uzbekistan, addresses of the President of the Republic of Uzbekistan on major socioeconomic issues, on domestic and foreign policy, and addresses of the leaders of foreign nations. Joint meetings may be held on other issues pending the agreement of the chambers.

Joint meetings shall be held in open and transparent manner.

Joint meeting of the chambers shall be valid provided no less than two thirds of the total number of deputies of the Legislative Chamber and members of the Senate, respectively, are present.

Speaker of the Legislative Chamber and Chairman of the Senate shall chair the joint meetings of the chamber in turn unless ruled otherwise in the joint meeting.

Joint resolution of the chambers may be adopted on the results of the discussion of the issues debated in the joint meeting of the chambers. Voting therein shall generally be conducted separately.

Article 12. Parliamentary request

The Senate or member of the Senate shall have the right to address parliamentary requests to the government officials, demanding reasonable explanation or statement of their positions on the issues of their competence.

Government officials shall provide answers to the parliamentary request in the meetings of the Senate by the deadlines set in the Regulations of the Senate.

III. Chairman of the Senate and his deputies. The Council, committees, and commissions of the Senate

Article 13. Chairman of the Senate

In the first meeting after the establishment of the Senate the Chairman of the Senate shall be elected on nomination of the President of the Republic of Uzbekistan for the term of the Senate among its members by the majority of votes of the total number of the Senators secretly voting. Order of nomination and election of the Chairman of the Senate shall be established in the Regulations of the Senate.

The Chairman of the Senate shall halt his membership in political parties and movements for his term in office.

The Chairman of the Senate shall not be elected as a member of the committees of the Senate.

The Chairman of the Senate may be prematurely impeached by the decision of the Senate taken by more than two thirds of votes of the Senators by secret voting.

The Chairman of the Senate shall issue orders on the matters of his competence.

Article 14. Powers of the Chairman of the Senate

The Chairman of the Senate shall:

1) Convene meetings of the Senate and its Council, and chair in the meetings;

2) Oversee the preparation of the issues to be taken to the floor of the Senate;

3) Send the laws approved by the Senate to the President of the Republic of Uzbekistan for signature;

4) Coordinate the work of the committees and commissions of the Senate;

5) Oversee implementation of the laws of the Republic of Uzbekistan and resolutions of the Senate;

6) Distribute responsibilities among the deputies of the Chairman of the Senate;

7) Manage interparliamentary contacts and work of the groups of the Senate related to the activities of international parliamentary organizations;

8) Approve the charters and membership of the editorial boards of the press outlets of the Senate and their maintenance expenditures;

9) Appoint and dismiss chief editors of the press services of the Legislative Chamber in agreement with the Council;

10) Manage work of the press services of the Legislative Chamber;

11) Represent the Senate in the relations with the Legislative Chamber, other government branches, foreign governments, international and other organizations;

12) Sign resolutions of the Senate and of its Council;

13) Oversee the work of the Office of the Senate, approve their expenditures for maintenance of Senators and maintenance of the Office of the Senate;

14) Exercise other powers granted by the Constitution of the Republic of Uzbekistan this Law, and Regulations of the Senate;

Chairman of the Senate may raise the issues within his competence for consideration of the Council.

Article 15. Deputies of the Chairman of the Senate

Deputies of the Chairman of the Senate shall be elected for the term of the Senate among the members of the Senate by the majority of the total number of votes cast secretly. Order of nomination and election of the deputies of the Chairman of the Senate shall be established in the Regulations of the Senate.

Deputies of the Chairman of the Senate for the period of performing their duties shall cease their membership of political parties and movements.

Deputies of the Chairman of the Senate may not be elected as members of the committees of the Senate.

Deputies of the Chairman of the Senate shall be performing part of the duties of the Chairman of the Senate on his assignment or replace the Chairman of the Senate in his absence or inability to perform his duties.

One of the deputies of the Chairman of the Senate shall be a representative of the Republic of Karakalpakstan.

Article 16. The Council of the Senate

The Council of the Senate shall be formed to streamline the work of the Senate, coordinate the work of the committees of the chamber, develop proposals on the agenda, and ensure preliminary review of laws.

The Council of the Senate shall convene between the meetings of the Chamber in case of necessity.

The Council of the Senate shall include the Chairman of the Senate, his deputies, and the chairmen of the committees of the Senate.

The Council shall adopt decisions within its competence by the majority of votes of the total number of its members.

Article 17. Election of the committees of the Senate

After the establishment of the Senate, the committees consisting of a chairman, his deputies and members shall be elected among the Senators for the term of the Senate in order to conduct preliminary review and preparation of issues proposed to the Senate, and oversee the implementation of the laws of the Republic of Uzbekistan and of the decisions taken by the chamber.

All members of the committees of the Senate shall enjoy equal rights.

A senator not elected to a committee may participate in its work with advisory vote.

The committees of the Senate shall report to and be accountable before the Senate.

Article 18. Powers of the Committees of the Senate

The Committee of the Senate shall:

1) Provide opinions on the laws conveyed by the Legislative Chamber for approval of the Senate;

2) Develop drafts of the acts of the Senate within the issues of their competence on their own initiative or on assignment of the Senate;

3) Propose to the Council on inclusion of the law in the agenda, either for continuation of the work on it or its dismissal on reasonable grounds;

4) Provide opinions and proposals on the draft of the State budget of the Republic of Uzbekistan;

5) Request documents, expert opinions, statistical and other data from the government entities and other organizations;

6) Establish working groups to review the laws proposed by the Legislative Chamber, recruit representatives of government agencies, non-government non-profit organizations, research institutions, specialists and scholars, and CEOs;

7) Develop proposals to change or amend texts of draft laws of the Republic of Uzbekistan, and resolutions, adopted by the Senate;

8) Hear reports of the heads of government entities on implementation of the laws of the Republic of Uzbekistan, the Senate resolutions, and decisions of the committees.

Article 19. Organization of the work of the committees of the Senate

Committees of the Senate shall organize their work in conformity with their plans as well as the assignments and recommendations of the Senate, its Chairman, and of the Council.

The order of business of the committees of the Senate shall be defined in the Regulations of the Senate.

Article 20. Meetings of the committees of the Senate

Meetings of the committees of the Senate shall be held in case of necessity between the meetings of the Senate.

Meetings of the committees of the Senate shall be valid pending no less than the half of the total number of members is present.

Meetings of the committees of the Senate shall be held openly. In case of necessity the committees of the Senate may decide to hold closed meeting.

Representatives of government entities and non-government non-profit organizations, research institutions, specialists and scholars, representatives of the press, television, radio and other media outlets may be invited to the meetings of the committees.

Article 21. Decisions of the committees of the Senate

The committees of the Senate shall make decisions on the issues under consideration by the majority of the total number of the members of the committee.

Decisions of the committees of the Senate concerning the government entities shall be reviewed and provided with a report of results or measures taken no later than one month unless ruled otherwise in the decision.

Article 22. Commissions of the Senate

The Senate may establish commissions to address specific issues. The commissions shall be formed of the members of the Senate at the meeting of the Senate. Objective of the establishment of the commission and its powers shall be determined therein.

The commissions shall cease their work after the implementation of the assignments delegated on them or ahead of time by the decision of the Senate.

Order of organization and work of the commissions shall be determined in the Regulations of the Senate.

IV. LEGISLATIVE REVIEW. RECONCILIATORY PROCEDURES

Article 23. Preliminary review of the law at the Senate committee

After introduction of a law to the Senate, the Chairman shall designate the respective committee that shall conduct preliminary review.

Pending the results of the preliminary review, the designated committee shall provide an opinion thereof.

Article 24. Review of a law at the Senate meeting

After submission of the opinion of the designated committee, the Senate shall debate the law and decide to approve or dismiss it.

The Senate shall approve the law by the majority of the votes of the total number of Senators.

Approval of the Constitution of the Republic of Uzbekistan and introduction of changes and amendments therein, of constitutional laws and introduction of changes and amendments therein shall require the votes of the two thirds of the total number of the Senators.

Voting may be open or secret.

The Senate shall decide the form and method of voting by open vote of the majority of the Senators present at the meeting of the Senate.

The law dismissed by the Senate shall be returned to the Legislative Chamber.

Article 25. Reconciliatory commission

The Senate and the Legislative chamber may form a reconciliatory commission on parity to overcome the emerged disagreements on the law dismissed by the Senate.

The members of the reconciliatory commission from each chamber shall elect the co-chairman of the commission among them by the majority of votes.

The reconciliatory commission shall review each objection of the Senate separately for the purpose to draft single text of the law. The Reconciliatory Commission may decide to amend those articles of the draft that were not objected by the Senate in case this amendment is required by the new wording of the law drafted after the proposals of the Senate.

The reconciliatory commission, having finalized its work, shall issue an opinion containing the proposals to overcome the differences.

The order of business, membership and work of the Reconciliatory Commission shall be determined in the Regulations.

Article 26. Consideration of the proposals of the Reconciliatory Commission

After the submission of the proposals of the Reconciliatory Commission, the law shall be reconsidered in the Legislative Chamber in the common procedure and sent to the Senate for approval.

Should the Senate disapprove the law, previously rejected by the Senate, in the second consideration with the edition of the Reconciliatory Commission, the law shall be considered dismissed and shall be returned to the Legislative Chamber.

Article 27. Signing of the law and its publication

The law approved by the Senate shall be in ten days sent to the President of the Republic of Uzbekistan for signature and publication.

The President of the Republic of Uzbekistan shall sign the law and publicize it in thirty days.

The President of the Republic of Uzbekistan shall be entitled to return the law with his objections to the Oliy Majlis of the Republic of Uzbekistan.

Article 28. Second consideration of the law returned by the President of the Republic of Uzbekistan at the Senate

The law returned by the President of the Republic of Uzbekistan and reintroduced by the Legislative Chamber shall be considered at the Senate, which shall decide to approve or dismiss the law.

In case the law is approved in the previous edition with the majority no less than two third of the votes of the total number of deputies of the Senate, the law shall be signed by the President of the Republic of Uzbekistan in fourteen days and shall be published.

V. FINAL PROVISIONS

Article 29. Dissolution of the Senate

The Senate may be dissolved by the decision of the President of the Republic of Uzbekistan made in agreement with the Constitutional Court of the Republic of Uzbekistan in case of:

emergence of insuperable disagreements in the Senate that threaten its normal functioning or repeated adoption of decisions in discord with the Constitution of the Republic of Uzbekistan;

emergence of insuperable disagreements between the Senate and the Legislative Chamber that threaten normal functioning of Oliy Majlis of the Republic of Uzbekistan.

In case of dissolution of the Senate, new elections shall be held in three months.

The Senate shall not be dissolved in the period of the state of emergency.

Article 30. Regulations of the Senate

The order of work of the Senate, of its bodies and officials shall be established in the Regulations of the Senate.

Article 31. Office of the Senate

Organizational, information, logistical support of the work of the Senate, its bodies and Senators shall be undertaken by the Office of the Senate.

Structure, staffing pattern, salary scale, and logistical support of the staff of the Office of the Senate as well as the expenses for their maintenance shall be approved by the Chairman of the Senate.

Labor matters of the staff of the Office of the Senate shall not depend on the term of the Senate.

The Office of the Senate shall be a legal entity.

Organization and work of the Office of the Senate shall be determined in the Statute, approved by the Speaker of the Senate.

Article 32. Financing of the work of the Senate

Financing of the work of the Senate shall be covered by the funds of the State budget of the Republic of Uzbekistan.

Article 33. Press of the Senate

The Senate shall have its own press service.

 

President of the Republic of Uzbekistan

Islam Karimov

Tashkent

December 12, 2002