The historical situations at the end of XX century and the beginning of XXI century in Uzbekistan can be noted that since this period of time conditions for our national statehood to go up the new steps both in formation and in meaning have developed.
It is known from the experience of other developed countries that the problem of structure and the power of attorney of the representative authorities of the state government depend on how the Parliament of the country is, that is, whether it is with one chamber or two chamber.
Characteristically, despite the form of the state structure. In most of the democratic countries the legislative branches began to work as the parliament with two chambers.
The President Islam Karimov, who deeply analyzed this world practice, firstly suggested the idea of establishing the parliament with two chambers in Uzbekistan in the second session of the Oliy Majlis of the republic of Uzbekistan on 25 th of May in 2005.
“It is necessary that we should realize, as the life changes, and as the peoples previous political and moral mind grows, it is natural that the appropriate changes occur in establishing our parliament and its work. Considering these situations, I am going to suggest passing the system of the permanent parliament with two chambers. That is, we should establish the two chamber parliament in the elections held in 2004” [1], — the president proclaimed.
Supporting this idea we can say that all historical, political conditions have been done to establish the two chamber parliament in Uzbekistan. Certain experience has also been gained in forming the local state representative authorities, that is public deputies’ province, district and town Councils. The system of being multiparty totally reached not only in forming the local Councils, but also in forming the Oliy Majlis.
“Therefore, all its institutions should develop in order to pass a law and fulfill another functions more fruitful choosing the appropriate form of organizing its work by reflecting the relationships of power in the political, economical fields and in international field.
To prove the idea of the neccesaty of establishing the second chamber in the parliament of Uzbekistan, it is enough to declare the following important evidences of the supporters of the two chamber system: first, achieved the durability of the balance between the executive and legislative branches of the government. That is, a chamber whose regime is not limited in any case, is completely limited by the second chamber which was formed on another basis. Second, because there is the “controller” chamber, more befittingly work of the parliament is achieved. Because, the second chamber’s duties include deeply learning the decisions which were sometimes hurryingly accepted by the first chamber. That is, the second chamber is in power of correcting the mistakes and hurryingly accepted decisions of the first chamber, it helps the laws to be more deeply worked out in all the perspectives and to accept well-thought out, precise, serious decisions” [4].
The special conference of the senates of world held in Paris in 2000, 14 March was dedicated to the phenomena of two chamber mechanism of legislative branches and its role in establishing democratic and legal state. The main conclusion of all the discussions at the conference was that the two chamber parliament brings to respect the benefits of the regions, small organisations and the far parts of the country. The second chamber works as a filter against populism, lobbyism, and light and narrow benefits met in the process of passing a law [5].
As it was mentioned at the conference, the two chamber system prevents extra arguments between the executive body and one chamber parliament and mixing of the represantations of the parliament and the government as well.
So, it should be mentioned that the two chamber parliament is the best means of establishing a legal state and defending democracy and human rights. Supporting such strict evaluation of the two chamber parliament, we can say, one chamber system responds more to the demands of young and developing countries, and to the benefits of the parliaments which are just forming their national legislature..
According to our Laws, at first the Oliy Majlis was an only one chamber represantative authority consisted of 250 deputies. The doctor of juridical sciences E. Halilov said: “Relying on our experience we can firmly say that the most acceptable parliament for a young independent unitary state in the passing period is the one chamber parliament” [4]. T. Fayzullaev, who was the deputy of the Oliy Mjlis and the doctor of political sciences, supported this idea, and affirmed saying that the one chamber parliament is the most acceptable method for the current step of social developing of Uzbekistan [3]. Because, in a new country in a condition with no legl basis, the very one chamber parliament gives a chance of accepting the necessary laws, without delaying, which serve to speed up the development of the country.
To constitutional-legally provide the work of the Senate of the Oliy Majlis of the Republic of Uzbekistan is based on the Constitution of the Republic of Uzbekistan which was adopted in 1992, 8 December. At the seventh session of the Oliy Majlis of the Republic of Uzbekistan held in 2001, 6–7 December the problem of making the two chamber parliament was discussed and concluded to have the parliament with two chambers. At the same session of the Oliy Majlis in the referendum held in 2002, 27 January the people positively judged the idea of making the Parliament with two chambers.
The Constitution and the constitutional Law about the Senate of the Oliy Majlis announced the upper chamber of the parliament of Uzbekistan as a regional representative chamber.
According to the Constitution of the Republic of Uzbekistan and other constitutional laws controlling the work of the upper chamber of the legislative branch of the country and other legal documents, after the election for the parliament, the Senate of the Republic of Uzbekistan consisting of 100 senators elected for 5 years term is formed.
“The members of the senate (senators) are elected by a secret ballot vote in the joint assembly of the representative deputies of Karakalpakistan, provinces, districts and towns. Six candidates from the Republic of Karakalpakistan, each of the provinces and the city of Tashkent are elected among the deputies..
Sixteen members of the Senate are appointed by the president of the Republic of Uzbekistan among the respective people who have much experience in the field of science, art, literature, industry and other fields of the country and society” [2].
It can be seen, first, the territorial representative authorities by electing the senators, second, the president of the Republic of Uzbekistan, by appointing the sixteen senators with his decree, participate in forming the Senate.
The election for the 84 members of the upper chambers is controlled by the Law “about the election for the Oliy Majlis of the Republic of Uzbekistan” This election is held after the previous deputies’ term of representation has finished. The election for the senate of the Oliy Majlis conforms with the election of the deputies of the local representative authorities, that is, they depend on each other. This is the characteristic feature of the election for the upper chamber of the parliament of the legislative branch. This comes out of the multi-step principles of presenting the candidates for the senate and by this aspect it differs from the elections for the lower chamber of the Oliy Majlis which is held by general, direct votes.
The new elected deputies of the local representative authorities elect the senators of the Oliy Majlis among themselves in a month of time by secret ballot voting (Six candidates from the Republic of Karakalpakistan, each of the provinces and the city of Tashkent). It is the demand that the Senate is the territorial representative authority and the feature of holding the election is tightly linked with the regions that showed the representatives to the upper chamber of the legislative branch. We should mention that although the most in the Senate are the representatives of all the regions of the country and it is the legislative branch on the basis of regional representatives, it is not allowed to form a regional, political and other groups in the upper chamber of the parliament. The process of law and order in the senate is conditionally divided into three steps. These are as followings; reviewing through the laws accepted by the lower chamber in the committee of the Senate at first (1- step), reviewing this question(s) in the meetings of the upper chamber Council and making decisions to put the law(s) into the order of the general meeting (2- step), after the question is put into the order of the general meeting of the Senate, reviewing these laws in the general meeting and making related decisions will (3- step).
On the purpose of providing the fully activation of the members of the senate of the Oliy Majlis in 2004, 2 December the laws such as “about the position of the deputies of the lower chamber and the member of the Senate of the Oliy Majlis of the Republic of Uzbekistan”, “about summoning the deputy of the local council, the deputy of the lower chamber of the Oliy Majlis of the Republic of Uzbekistan and the member of the Senate” were adopted. In these laws the senators’ main rights and representations are marked to fulfill their function entirely
In conclusion, as it is mentioned above, the senate of the Oliy Majlis was formed first time in the history of Uzbekistan and the participation of the local councils of the public deputies in it has been an important and new experience.
References:
1. Каримов И. А. Озод ва обод ватан, эркин ва фаровон ҳаёт — пировард мақсадимиз. Т-8. –Т.: “Ўзбекистон”, 2000.
2. “Ўзбекистон Республикаси Олий Мажлисининг Сенати тўғрисида”ги 2002 йил 12 декабрда қабул қилинган Ўзбекистон Республикаси Конституциявий Қонуни 2-моддасининг иккинчи ва учинчи қисмлари.
3. Файзуллаев Т. Процессы укрепления государственной независимости Узбекистана: теория и практика. Автореф. дис. докт. полит. наук. — Т.: Академия государственного и общественного строительства при Президенте Республики Узбекистана. 1998. 33-б.
4. Халилов Э. Ҳ. Ўзбекистон Республикаси референдуми — миллий давлатчилик тараққиётининг муҳим босқичи. –Т.: “Ўзбекистон”, 2001.
5. Труд. 2000 г. 17 март.
