Law on Political Parties (1996 as amended 1999)

LAW 337-I

ON POLITICAL PARTIES

OF THE REPUBLIC OF UZBEKISTAN

26.12.1996

As amended by the Law of the Republic of Uzbekistan N 832-I from 20.08.1999

Article 1. Definition of political party

Political party is a voluntary association of citizens of the Republic of Uzbekista, established on the basis common world outlook, interests and goals, aiming to fulfill the political will of the certain group of society in the formation of government and participate in administration of state and public affairs.

Article 2. Regulatory framework governing the activity of political parties

Political parties shall pursue their activities in accordance with the Constitution of the Republic of Uzbekistan, the present Law, and other relevant legislation, as well as in conformity with their charters.

Article 3. Principles of the establishment and activity of political parties

Political parties are established and act with the goal of realizing rights and freedoms of citizens on the basis of free will, voluntary membership and a right to leave, equality of its members, self-management, legality and publicity.

The establishment and activity of the political parities shall be forbidden if they are:

- aimed at forcible alteration of the constitutional system;

- undermining state sovereignty, integrity and security of the Republic of Uzbekistan, constitutional rights and freedoms of its nationals;

- carrying on war propaganda and inciting to social, national, racial and religious enmity;

- encroaching on the health and morality of the nation;

- established on national and religious principle.

Article 4. Membership in political parties

A citizen of theRepublic of Uzbekistan can only be a member of one political party at a time.

It shall be forbidden to restrict the rights of a citizen, as well as to grant him benefits or advantages on the basis of the party membership.

President of the Republic of Uzbekistan, being a guarantor of the observance of rights and freedoms of all citizens of the Republic, shall have an obligation to suspend or terminate his membership or participation in a political party for the period of the discharge of presidential powers.

The following categories of persons may not be members of political parties:

- judges;

- prosecutors and investigators of the Office of Public Prosecutor;

- officers of the bodies of internal affairs, national security service;

- armed forces personnel;

- foreign nationals and stateless persons;

Political parties shall have fixed number of individual membership.

Article 5. Guarantees of the activity of political parties

State shall guarantee the protection of rights and legitimate interests of political parties and create for them equal legal opportunities for the fulfilment of their aims and objectives stated in their respective charters.

It shall be forbidden for public authorities, enterprises, institutions, organizations and their officials to interfere into the internal affairs of political parties or impede somehow their activity, if they are carried out in conformity with the law and their charter.

Interference of political parties in the activities of bodies of state power and their officials shall not be allowed.

Activities of the organizations of political parties are mainly carried out during the time off of its members and at the expense of the funds of these parties. It shall be prohibited for private employers to demand from their employees to be engaged in political activities on behalf of the party during the working time.

The relevant legislation on labour, social security and social insurance shall be applied to the workers of the apparatus of political parties.

Article 6. Establishment of a political party

For the establishment of a political party, it is necessary to collect signatures of at least five thousand nationals residing within at least eight territorial subjects (oblasts), including the Republic of Karakalpakstan andTashkent city, and of those who have the aim to unite into one party.

Initiators of the establishment of political party of at least fifty members in number shall form organizing committee for the preparation of constituent documents of the party, formation of its membership composition and convocation of constituent congress or conference.

Organizing committee shall inform in a written form Ministry of Justice of the Republic of Uzbekistan about its initiative, composition, head (leader), and the address of the committee and the date of convocation of constituent congress or conference at the latest within 7 days from its establishment.

Organizing committee shall have the right to function no more than three months from the day of its establishment.

Political party shall be established in the constituent congress or conference.

Constituent congress or conference shall adopt the charter and the programme of party and form its electoral bodies.

Article 7. Charter of a political party

The charter of the political party shall envisage:

- name, goals and objectives of the party;

- structure of the party;

- requirements and order of enrolment to and withdrawal from the party;

- rights and obligations of its members;

- competence and order of establishment (convocation) of the governing bodies of the party;

- order of carrying out of control over the activities of governing bodies of the party;

- sources of the formation of funds and the acquisition of the other property of the party and of its organization;

- address of the governing body of the party;

- procedure of the adoption of the charter and programme of the party, the introduction of amendments and additions to them;

- order of reorganization or termination of the activities of the party;

Charter may provide for some other provisions that are related to the activities of the party.

Article 8. Registration of a political party

Political party shall be registered with the Ministry of Justice of the Republic of Uzbekistan.

For the registration of a political party within a month from the day of adoption of the charter, the following documents must be submitted:

- application signed by at least three members of the governing body of the party;

- charter;

- programme;

- protocol of constituent congress or conference;

- a document from the bank certifying payment of registration fee at the amount, which is prescribed by the relevant legislation;

- documents certifying fulfillment of the requirements of the present Law, as well as the list of five thousand citizens of the Republic of Uzbekistan who expressed their wish to become a member of this party, with their signatures, information about members of electoral bodies (family name, name, patronymic, date of birth, address, place of work, telephone number), decision of the supreme body of the party about granting powers to the members of governing body with the endowment of the rights to represent the party in the process of registration or in case of judicial disputes.

Application about registration of a political party shall be considered within a month from the day of its receipt. Upon the examination of the results, a decision shall be taken about registration of political party or about its denial. The decision is given or sent by post to governing body of the political party not later than three days after its adoption. (Paragraph in the redaction of the Law of RU of 20.08.1999, N 832-I)<

Political party obtains rights of judicial person and can carry out its activities from the day of its registration.

Amendments and additions to charters of political parties shall be subject to registration in the order and periods, provided for by the present article for registration of charters.

Information about registration of political party shall be published in mass media.

Article 9. Grounds for denying the registration of a political party

A political party shall not be subject to registration if its charter, goals and objects and methods of its activities run counter to the Constitution of theRepublic of Uzbekistan, present Law and other acts of legislation or if political party or public movement was earlier registered with the analogous name.

In case of denial to register political party, the Ministry of Justice of the Republic of Uzbekistan informs about it a responsible member of the governing body of the party in a written form with the reference to the provisions of legislation that conflict with the submitted documents. Responsible members of governing body of political party have a right within a month from the day of the receipt of denial of registration to reapply to the Ministry of Justice of the Republic of Uzbekistan with the application about registration of the party if the documents are brought into conformity with the Constitution of the Republic of Uzbekistan and the relevant legislation.

Denial in registration of political party can be appealed to the Supreme Court of the Republic of Uzbekistan in accordance with the established order.

Article 10. Suspension of the activity of a political party

If a political party breaches any provision stipulated in the Constitution of the Republic of Uzbekistan, present Law, other acts of legislation or of its own charter, the Ministry of Justice of the Republic of Uzbekistan sends written notification about the violations to the governing bodies of the party with the indication of which provision of the relevant legislation or charter were violated and determines period for the correction of these violations. If the violations are not corrected within a given period of time, the activity of political party can be suspended for the period of six month by the Supreme Court of the Republic of Uzbekistan upon the submission of the case by the Ministry of Justice of the Republic of Uzbekistan or the Prosecutor General of the Republic of Uzbekistan.

On the suspension of the activity of political party, it shall be prohibited for it to benefit from mass media, conduct agitation and propaganda and participate in elections for the period of suspension.

Article 11. Termination of the activity of a political party

Activity of a political party ceases as a result of:

- self-dissolution of the party in accordance with its charter. The supreme body of the party informs the Ministry of Justice of the Republic of Uzbekistan about this fact within the next three days.

- decision of the Supreme Court of the Republic of Uzbekistan upon the application of the Ministry of Justice or Prosecutor General of the Republic of Uzbekistan in case of commission of acts, stipulated in paragraph 2 of article 3 of the present Law, or if the acts, for the commission of which the activity was suspended, are repeated during a year.

Termination of the activity of a political party begins from the day of the publication of official announcement by the Ministry of Justice of the Republic of Uzbekistan in mass media.

Article 12. Rights of political parties

Political parties shall have the following rights:

- freely disseminate information about their activity, carry on propaganda of their ideas, objectives and decisions;

- participate through their representatives in electoral bodies of state power in the preparation of the corresponding decisions;

- participate in elections of the President of the Republic of Uzbekistan and bodies of state power in accordance with procedures established by the law;

- conduct meetings, conferences and other events related to the activities of the party;

- establish media of mass information and to make use of other mass media in accordance with the procedures established by the legislation;

- form coalitions (units) with the political parties of the Republic of Uzbekistan, establish contractual relations with them and other organizations;

Political parties can also exercise other rights, provided for by the present Law and other acts of legislation of the Republic of Uzbekistan.

Article 13. Groups of political parties in the Oliy Majlis of the Republic of Uzbekistan

Groups of political parties in the Oliy Majlis of the Republic of Uzbekistan are formed in the constituent meetings of deputies, slated by political parties, to carry out the policy of their parties in an organized manner. Groups of political parties are registered by the Oliy Majlis on the basis of the corresponding application of the leader of the group and constituent documents.

Groups of political parties in the Oliy Majlis of the Republic of Uzbekistan shall have the following rights:

- participate in the formation of the agenda of the session;

- guaranteed recognition to the representative of the groups of political parties during the debate on every question put on the agenda of the session;

- address with a question to the Chairman of the Oliy Majlis and to the Government of the Republic of Uzbekistan, ministers, other heads of state bodies;

- introduce a motion on the candidacy of heads of the Oliy Majlis, chairmen of committees and commissions;

- disseminate groups position among deputies about the question that is under discussion in session;

- carry out other functions, envisaged by the legislation for the deputies of the Oliy Majlis of the Republic of Uzbekistan.

Heads of the groups of political parties form Kengash of the Oliy Majlis.

Operational, technical and other questions of implementing the activities of the groups of the parties are provided by the Secretariat of the Oliy Majlis of the Republic of Uzbekistan.

Article 14. Party groups in the Jokargi Kenes of the Republic of Karakalpakstan and in the local representative bodies of state

Party groups in the Jokargi Kenes of the Republic of Karakalpakstan and in the local representative bodies of state are formed in the constituent meetings of deputies, slated by political parties, to carry out the policy of their parties in an organized manner. Party groups are registered correspondingly by the Jokargi Kenes of the Republic of Karakalpakstan, by the local representative bodies of state on the basis of the corresponding application of the leader of the group and constituent documents.

Parties groups in the Oliy Majlis of the Republic of Uzbekistan shall have the following rights:

  • to participate in developing agenda of the session;
  • guaranteed recognition to the representative of the groups of political parties during the debate on every question put on the agenda of the session;
  • address with a question to the Chairman of the Jokargi Kenes and to the Council of Ministers, ministers, other heads of state bodies of the Republic of Uzbekistan, khokims, deputy khokims, heads of departments and offices, as well as to the heads of enterprises, institutions and organizations that are situated on the territory of the corresponding Union of Peoples Deputies;
  • introduce a motion on the candidacy of chairmen of committees or commissions of the corresponding representative body;
  • disseminate party groups position among deputies about the question that is under discussion correspondingly on the sessions of the Jokargi Kenes of the Republic of Uzbekistan or Union of Peoples Deputies;
  • carry out other functions, envisaged by the legislation for the deputies of the corresponding representative bodies of state power.

Operational, technical and other questions of maintenance of the activities of the party groups in the Jokargi Kenes of the Republic of Uzbekistan and in the local representative bodies of state power are provided by the corresponding organization department of these bodies.

Article 15. Property of political parties

Political parties may own buildings, structures, equipment, print shops, means of transportation, and other property which is required for the accomplishment of the objectives defined in the charter.

Political parties shall have the right to be engaged in production activity only for the accomplishment of the objectives defined in the charter.

Financial resources of political parties shall be formed from membership fees, earnings from publishing activity, and gratis contributions by citizens and public associations, as well as other incomes, earned legally.

The earnings from the business activity of political parties shall not be redistributed among members of the political party and shall be used solely for the accomplishment of the objectives defined in the charter.

Political parties annually publish their budget for public knowledge and in accordance with the rules submit to the Oliy Majlis or to other competent body entitled by it reports about the sources of financing of their activity.

Property of political parties is under the protection of law.

Article 16. Restrictions on financing of political parties

It shall be prohibited for political parties, their institutions and organizations to receive directly or indirectly funds and other property from:

- state bodies;

- enterprises, institutions and organization;

- foreign states and foreign entities, international organizations, foreign nationals and stateless persons;

- religious organizations;

- anonymous donors;

It shall be prohibited for political parties to have bank accounts in foreign banks and to keep there their valuables.

State can subsidize political parties on the event of their participation in elections.

Article 17. Control over the conformity of the activity of political parties to the legislation and their charter

Control over the conformity of the activity of political parties with the Constitution of the Republic of Uzbekistan, legislation and their charter is carried out by the Ministry of Justice of the Republic of Uzbekistan.

President of the Republic of Uzbekistan

I. Karimov