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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF UZBEKISTAN

of September 29, 1998

About interpretation of Item 1 of article 4 of the Law of the Republic of Uzbekistan "About nationality of the Republic of Uzbekistan"

Constitutional court of the Republic of Uzbekistan as a part of the chairman B. Eshonov, the vice-chairman B. Mirboboyev, members of the court G. Abdumazhidov, Yu. Dzhurayev, G. Pirzhanov and S. Hakimova,

with the assistance of the deputy minister of internal affairs of the Republic of Uzbekistan K. Burkhanov conducting the consultant of the Office of the President of the Republic of Uzbekistan Sh. Berdiyev, the assistant manager legal department of the Cabinet of Ministers of the Republic of Uzbekistan of D. Irgaziyeva, the specialist professor A. Tulyaganov

being guided by Item 3 parts one of article 109 of the Constitution of the Republic of Uzbekistan,

considered on proceeding in open court case "About interpretation of Item 1 of article 4 of the Law of the Republic of Uzbekistan "About nationality of the Republic of Uzbekistan", accepted on July 2, 1992 (further - the Law).

The question according to article 19 of the Law of the Republic of Uzbekistan "About the Constitutional court of the Republic of Uzbekistan" is brought at the initiative of judges of the Constitutional court B. Mirboboyev, G. Abdumazhidov and Yu.Dzhurayev in connection with the appeal of the Ministry of Internal Affairs of the Republic of Uzbekistan to Oliy Majlis of the Republic of Uzbekistan sent on accessory in the Constitutional court of the Republic of Uzbekistan about interpretation of Item 1 of article 4 of the Law concerning the persons without citizenship who are constantly living in the territory of the Republic of Uzbekistan.

Having heard information of the judge-speaker Mr. Abdumazhidov, having found out opinion participating in K. Burkhanov, Sh. Berdiyev, D. Irgaziyeva and A. Tulyaganov's meeting, having studied case papers, the Constitutional court established:

Article 4 of the Law has general character, consists of three Items and in general determines the group of people who are citizens of the Republic of Uzbekistan.

Item 1 of article 4 of the Law says:

"Citizens of the Republic of Uzbekistan are:

1) persons who by the time of entry into force of this Law are constantly living in the Republic of Uzbekistan, irrespective of origin, social and property status, racial and national identity, floor, education, language, political views, religious beliefs, sort and nature of occupations, not being citizens of other states and shown willingness to become citizens of the Republic of Uzbekistan".

Affirms as the letter of the Ministry of Internal Affairs of the Republic of Uzbekistan of July 7, 1998 that Item 1 of article 4 of the Law is applicable also concerning stateless persons if they on the date of the introduction of the Law in force constantly lived in the territory of the Republic of Uzbekistan and showed willingness to become citizens of the Republic of Uzbekistan. In the reference of legal department of the Secretariat of Oliy Majlis of the Republic of Uzbekistan of July 14, 1998 the line item about inadmissibility of application of Item 1 of article 4 of the Law concerning stateless persons is stated.

Thus, concerning this regulation there are its contents which are mutually excluding understanding that can lead to serious mistakes in law-enforcement practice. Therefore the official interpretation of this regulation designed to provide its uniform correct application is necessary.

Having analyzed the provisions of the law and having compared them to regulations of the Constitution of the Republic of Uzbekistan, being guided by article 25 of the Law "About the Constitutional Court of the Republic of Uzbekistan", the Constitutional court decided:

1. According to Item 3 of article 4 of the Law citizens of the Republic of Uzbekistan are persons who acquired nationality of the Republic of Uzbekistan according to the Law. Questions of acceptance in nationality of the Republic of Uzbekistan of foreign citizens and stateless persons are regulated by article 17 of the Law in which it is enshrined that stateless persons can be accepted according to their petition in nationality of the Republic of Uzbekistan.

Therefore, persons without citizenship can be citizens of the Republic of Uzbekistan only after acquisition of nationality of the Republic of Uzbekistan by them, i.e. after their acceptance according to article 17 of the Law in nationality of the Republic of Uzbekistan. According to Item 19 of article 93 of the Constitution of the Republic of Uzbekistan and article 30 of the Law the decision on acceptance in nationality of the Republic of Uzbekistan of stateless persons is made by the President of the Republic of Uzbekistan. Thus, under persons mentioned in Item 1 of article 4 of the Law, the legislator meant the citizens of the former Uzbek SSR who showed willingness to become citizens of the Republic of Uzbekistan.

2. According to articles 9 and 27 of the Law "About the Constitutional Court of the Republic of Uzbekistan" this interpretation is obligatory and becomes effective from the moment of its publication.

 

Constitutional court

Republic of Uzbekistan

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