In Uzbekistan, the principles of justice and the rule of law have been elevated to the rank of necessary conditions for the country’s development. Since the early years of independence, reforming the judicial system has been a key priority. The adoption of the Constitution of the Republic of Uzbekistan on December 8, 1992, laid a solid legal foundation for these reforms. Subsequently, the first Criminal Code of Uzbekistan was adopted on September 22, 1994, and came into force on April 1 the following year. Unlike the criminal law inherited from the former Union, the new code prioritized human dignity and rights, establishing a framework for effective protection against criminal acts, safeguarding the rights and freedoms of citizens, and ensuring law and order.
Over the years, Uzbekistan has progressively improved its criminal law in line with international standards and national experience. A significant milestone was the 2001 law introducing amendments to liberalize criminal punishments, impacting 105 articles of the Criminal Code. This initiative reclassified about 75% of serious and extremely serious crimes as offenses with low social risk, eliminated property confiscation as a punishment, and guaranteed property rights. The reforms also institutionalized reconciliation, enabling perpetrators to be released from criminal responsibility through mutual agreement with victims and restitution of damages. Additionally, the deadlines for parole and sentence commutation were reduced, signaling a commitment to more humane justice practices.
Another crucial development occurred in 2007 with the abolition of the death penalty, a landmark decision reflecting Uzbekistan’s dedication to liberalization. In 2008, further reforms introduced penalties not involving incarceration, such as fines, emphasizing the reintegration of offenders into society. The reforms continued with a 2012 law addressing economic crimes, ensuring proportionate punishments and emphasizing the role of mitigating circumstances in sentencing. These changes align with international practices observed in countries like Belarus, Russia, and Azerbaijan, which consider factors such as the offender’s age, acts of remorse, and assistance to victims as grounds for leniency.
Under the leadership of President Shavkat Mirziyoyev, Uzbekistan has advanced reforms based on the principle of “For human dignity.” These initiatives include decriminalizing certain offenses, revising the penal system to introduce compulsory community service, and transferring minor offenses from criminal to administrative jurisdiction. For example, the 2021 law eliminated criminal liability for certain acts committed by children under the age of 13, underscoring the country’s commitment to protecting vulnerable groups. Additionally, amendments to the Criminal Code have clarified circumstances that exclude criminality, such as acts committed under coercion or intimidation.
The adoption of the new Constitution further reinforces Uzbekistan’s commitment to justice and human dignity. Enshrining the abolition of the death penalty and guaranteeing the rights and freedoms of citizens reflects the country’s adherence to humanitarian principles. These constitutional provisions ensure that the criminal, procedural, and executive codes align with the broader goal of protecting human dignity and rights.
The impact of these reforms is evident. Since their implementation, 1,244 individuals have been acquitted, 7,362 released with non-custodial sentences, and over 33,000 granted parole. Additionally, 12,286 individuals have had their sentences commuted, and 14,698 were released through reconciliation. These outcomes highlight the emphasis on restorative justice and the protection of human rights, reducing the reliance on punitive measures and fostering rehabilitation.
In summary, Uzbekistan’s reforms aim to establish justice and the rule of law as the cornerstone of national development. By prioritizing human dignity and aligning its legal framework with international humanitarian standards, the country continues to enhance its judicial system. These reforms reflect the broader vision of President Mirziyoyev to ensure reliable protection of human rights, societal interests, and national security. This vision, encapsulated in the principle of “human – society – state,” represents a transformative approach to governance and legal reform, setting a model for sustainable development and social harmony.
Head of the Department
of Criminal Law of the Ministry
of Internal Affairs of the Republic of Uzbekistan
M.М. Kalandarov