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Uzbekistan May Recognize The Priority Of International Law Over National Legislation

Sunday, April 2, 2017 - 22:24

The new version of the Law of Uzbekistan “On International Treaties” may be amended to provide for the priority of international law within the system of national legislation. This follows from the text of the draft law published for public discussion at the Single Portal for Interactive Public Services on March 30. The government plans to adopt this concept in April; then, in early May, the document will be submitted to the parliament for consideration.

 

In particular, plans are afoot to complement the new version of the law with an article envisaging the priority of universally recognized norms of international law over domestic legislation. As noted in the text of the explanatory note to the draft law, “this new article is included in order to determine the significance and role of international treaties in the legal system of Uzbekistan.” In addition, the authors of the document based their draft law on the content of the country's constitution and the concept of its foreign policy activity, which was adopted in September 2012.

 

The draft law also provides for implementation of the procedure for drafting international treaties and their expert approval. Thus, state bodies can submit to the government the initiative regarding the beginning of elaboration of draft international treaties in agreement with the Ministry of Foreign Affairs of the republic, or with the president – in some cases. They can also raise the issue of the expediency of Uzbekistan's participation in the international multilateral treaty.

 

All these issues are currently regulated in accordance with the provisions of the Government of the Republic.

 

As noted in the explanatory materials to the draft law, these legal norms are introduced “to ensure the effectiveness of laws and improve the quality of expert elaboration, as well as for the purpose of harmonization of draft international treaties.”

 

Since 1991, Uzbekistan has ratified about 300 international treaties. Another 60 treaties the republic joined through the adoption of relevant legislative acts.



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