The discussion of the draft new edition of the Constitution of the Republic of Uzbekistan covers broad social strata of the population of our country. Among them, the active participation of young people, including students of law schools, should be especially noted. For future lawyers, who will soon carry out the actual implementation of the main institutions of human rights guarantees and protection of state sovereignty, as well as the administration of justice, this is an extremely important aspect. It is important for them - future lawyers - to deeply delve into the essence and content of the fundamental principles of the rule of law and ensuring the sustainability, stability and inviolability of the institutions of habeas corpus (appealing to court with a complaint about illegal detention that violates the principle of inviolability of the person), pro bono (provision of professional assistance free of charge).

 

The draft new edition of the Constitution of Uzbekistan enshrines commitment to the principles of the supremacy of international law, since international agreements to which our republic is a party become an integral part of the legal system of Uzbekistan.

 

Students of the University of World Economy and Diplomacy conducted research within the framework of projects implemented by the UWED Legal Clinic to ensure guarantees, legitimate interests and rights of the child in courts and other law enforcement agencies, having studied more than 400 decisions of criminal courts in different regions of the country. These court decisions concerned the placement of juvenile offenders in Legal Aid Centers for Minors under the Ministry of Internal Affairs and in closed educational and training schools in the cities of Chinaz and Bakht. The study showed that legal assistance from qualified lawyers and professional attorneys in these courts was insufficiently provided. More precisely, in none of the 400 cases concerning juvenile offenders was there the participation of lawyers defending the interests and rights of the minor in criminal court, since they were not provided.

 

A new Chapter 14 “Advocacy” has been introduced into the draft of the new version of the Constitution. For the first time, the institution of advocacy has acquired a special status, guaranteeing the protection of the rights and legitimate interests of citizens, certainly children and legal entities. The constitutional enshrinement of such a status is a big step forward, expressing the will of the state for humanism, justice, and the prevention of illegal actions by individuals.

 

It should be noted that the country's Parliament is currently discussing the draft Law "On Legal Aid at the Expense of the State", which will make it possible to provide legal advice and representation in courts at the expense of funds allocated from the state budget. It is believed that this assistance will also be provided to minors who, understanding the state's concern for their future, where there should be no more crimes on their part, will become law-abiding citizens and patriots.

 

The draft of the new version of the Constitution was repeatedly discussed by students of the Legal Clinic with representatives of the judiciary, students of the Higher School of Judges under the Supreme Council of Judges. The main emphasis in these discussions was placed on the access of all citizens to justice, including those who do not have the financial means to turn to professional lawyers. Possible legal assistance to such persons can also be provided by students under the guidance of professional lawyers in the implementation of legal clinical education. What kind of assistance can and should be was the main subject of discussion at the meetings.

 

Students and teachers-curators of the Legal Clinic visited educational institutions and mahallas of the Mirzo-Ulugbek district to explain the goals of adopting the new version of the Constitution and the content of its amendments. These meetings noted broad support for the draft of the new version of the Constitution of the Republic of Uzbekistan.

Ziyodulla Ubaydullaev,
Director of the Legal Clinic of UWED