12.12.2017

In the Uzbek capital of Tashkent International scientific-practical conference on "The role and significance of the Constitution in building a democratic state of law", dedicated to the 25th anniversary of adoption of Constitution of Uzbekistan
In Tashkent, the capital of Uzbekistan held an international scientific and practical conference on "The Role and Importance of the Constitution in Building a Democratic Legal State" dedicated to the 25th anniversary of the adoption of the Constitution of Uzbekistan. Representatives of the constitutional courts of Kazakhstan, Russia, Kyrgyzstan, Armenia, Korea, Tajikistan, Turkey and Indonesia.
During the conference, its participants presented a number of substantive reports on the constitutional and legal foundations of state formation and constitutional control. Within the framework of the forum the Chairman of the Constitutional Court of the Republic of Uzbekistan Bakhtiyar Mirbabaev made a report on the theme: "The Constitution of the Republic of Uzbekistan is the legal basis and guarantee of the country's progressive development", the judge of the Constitutional Court of the Russian Federation Nikolay Bondar made a report on the theme: "Letter and spirit of the Constitution: ".
It should be noted that in their speeches, participants repeatedly referred to the experience of constitutional control in the Republic of Kazakhstan. The report on the theme "Strengthening constitutional control in the Republic of Kazakhstan under conditions of the rule of law", which focused on the constitutional reform carried out in Kazakhstan, aroused a special interest among colleagues. In particular, it was noted that constitutional amendments are aimed at expanding the list and increasing the level of protection of especially protected constitutional values, strengthening constitutional control, as well as clarifying the content, conditions and limits of restrictions on human and citizen's rights and freedoms. Thanks to these changes, Kazakhstan continued comprehensive and consistent modernization of society and the state, as well as constitutional control in the country.
For the majority of constitutional courts, whose representatives took part in the conference, a problematic issue is the circle of subjects of treatment and, in particular, appeals of citizens. In this part, Kazakhstan's experience has also provoked interest. According to the latest changes in the Republic of Kazakhstan, the status of the Constitutional Council has been clarified, the number of subjects of appeal has increased in the order of the subsequent constitutional control. If earlier only the courts concerned such, now the President of the Republic is endowed with such authority. According to paragraphs 3) item 6 of Art. 1 of the Law on Making Amendments and Addenda to the Constitution of the Republic of Kazakhstan, the Head of State is entitled to apply to the Constitutional Council for the consideration of an enacted law or other legal act in the interests of protecting human and civil rights and freedoms, ensuring national security, sovereignty and integrity of the state. compliance with the Constitution.
Participants of the forum were interested in changes in the sphere of constitutional control, in particular, mandatory receipt of the Constitutional Council's opinion on the conformity of the proposed amendments to the Constitution with the requirements of cl. 91 of the Constitution. Thus, Art. 91 of the Constitution is supplemented by paragraph 3: "Amendments and additions to the Constitution of the Republic shall be submitted to a republican referendum or to the Parliament of the Republic in the presence of a conclusion of the Constitutional Council on their compliance with the requirements established by paragraph 2 of this article." The subject of the appeal on this issue is the Head of State (pp. 10-1) art. 44 of the Constitution).
Of particular interest was the fact that, on the initiative of the Head of State, Art. 4, Art. 73 of the Constitution, which provided for the right of the President to object to the decision of the Constitutional Council and to regulate the procedure and consequences of its consideration. The decision adopted strengthens the guarantees of the final character of the acts of the Constitutional Council, which corresponds to generally accepted standards.
 Also, during the conference, issues related to the expansion of the list of especially protected constitutional values are discussed: "The state established by the Constitution, the unitarity and territorial integrity of the Republic, the form of its governance, as well as the fundamental principles of the Republic's activities laid down by the Founder of independent Kazakhstan, the First President of the Republic of Kazakhstan - Elbasy, and its status are unchanged. " Thus, the historical mission of Nursultan Nazarbayev has been constitutionally confirmed as the Founder of the new independent state of Kazakhstan, which ensured its unity, protection of the Constitution, human and civil rights and freedoms; due to his constitutional status and personal qualities, a decisive contribution to the formation and development of sovereign Kazakhstan, including the constitutional values of the Basic Law and the fundamental principles of the Republic's activities.
Thus, the conclusion is made that constitutional control in Kazakhstan has been formed into an independent legal institution with its own principles, forms and methods that are inextricably linked with the activities of the Constitutional Council of the Republic of Kazakhstan.
In general, the conference was held at a high scientific and theoretical level and was very useful in terms of comprehensive international exchange of experience in constitutional review.