Article | Comparative Jurisprudence and the National Legal System of Uzbekistan |
---|---|
Authors |
AKMAL SAIDOV
Doctor of legal sciences, Professor, Corresponding member of International Academy of Comparative (Tashkent, Republic of Uzbekistan) Law info@nhrc.uz
|
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 3 / 2019 |
Pages | 205 - 219 |
Annotation | The article describes the national legal system of Uzbekistan, its historical origins and modern development. The development of Uzbekistan’s national legal system rests upon the Constitution of the Republic of Uzbekistan which has a system-forming role in the enhancement of statehood and the implementation of the State’s legal strategy of society development. The modern system of Uzbekistan’s legislation is also a part of the legal system. In terms of legislative consolidation of new social relations and social values, the priority is to create a stable legal system which develops in an evolutionary way. Integration of the legal system of Uzbekistan into the international legal space will open the possibility of using the positive international and foreign legal experience for the development of the State’s legal system. The author substantiates that law of any country is an inherent part of its national heritage, and in a certain way, a product of traditions, ancestors’ heritage and the way in which society expresses itself. It combines elements of the general, the special and the individual, and in this respect has an abstract, as well as a quite specific, particularly national, nature. Law is a phenomenon of universal and national culture, a reflection of various civilizations. The legal system of any State cannot be looked at separately from other national legal systems and from international law. The author proves that modern Uzbek law can be referred to the Romano-German legal family based on the following main parameters: codification of law; strict hierarchy of the sources of law; the rule of law principle; basic principles of organization of the judicial branch and the court procedure. The author marks off the most important objectives in the establishment of Uzbekistan’s new legislative system: laying down of legal foundations for state-building (establishment of the principles of sovereignty, democracy, the rule of the people, human rights); forming of the market legislation system which lays the basis for new economic relations, and especially the relations of ownership and free entrepreneurship; creating of the legislation assuring constitutional and legal human rights, social guarantees and social support of the population; ensuring of moral health of society, spiritual development of its members, enhancement of their legal culture; developing of the legal framework making Uzbekistan an equal actor in international relations. The author comes to the conclusion that modern legislation of Uzbekistan creates an appropriate legal basis for the transitional period, for the process of legal change from the outdated totalitarian socio-political system and economic relations, and for the establishment of new, democratic norms and socio-legal guarantees.
|
Keywords | the Constitution of the Republic of Uzbekistan; legal system; law-making; legislation; legal regulation; legal modernization; international law |
References | |
Electronic version | Download |