Tolib Rakhmonov

Image source: www.daryo.uz

This blog post will explore the recent changes in administrative liability in Uzbekistan, focusing on several key issues. Specifically, it will delve into the newly introduced regulations regarding the distribution of food, clothing, and other items either for free or at reduced prices, as well as the unlawful engagement of children in religious education. The post will also examine the challenges associated with implementing these new norms and offer potential solutions to address these issues.

A. Prohibition of free distribution of food, clothes, and other items

On June 28, 2024, the Cabinet of Ministers passed a resolution prohibiting the practice of enticing individuals by giving away food, items for free, or selling them at exorbitant prices during public events. This prohibition expands the scope of administrative offenses under Article 2001 of the Code of Administrative Liability.

The rationale behind this resolution stems from the increased trend in recent years where individuals have been offering free food, clothing, and items for promotional purposes. Instances such as a shop owner giving away clothes on January 1 or the “Ashkhabad” park administration announcing the free distribution of toys on June 1 serve as illustrative examples.

1. Problems of Implementation

In my opinion, there are two potential shortcomings of this prohibition. First, the resolution lacks clarity on what constitutes an overpriced price, leading to inconsistencies. When considering that clothes at a boutique typically range from $100 to $300, how an overpriced price should be defined – left open and unclear. Second, the purposes of such prohibition are broad. For example, the practice of enticing individuals by giving away food, items for free, or selling them at exorbitant prices during public events for purposes of advertising, promotion and other purposes is prohibited. The resolution does not determine what is understood by other purposes.

2. Solutions

First, it is imperative for the Cabinet of Ministers to undertake a thorough review of the resolution and establish detailed criteria for identifying instances of overpricing. For example, a price exceeding 10-30 percent of the item’s actual value could be deemed as overpriced.

Second, clear guidelines should be put in place regarding the prohibition of distributing free food or items, or selling them at extremely high prices during public events. Specific objectives such as advertising, promotion, marketing, or business purposes should be outlined to ensure that individuals or entities looking to assist the community during difficult times are not wrongfully penalized. For instance, in the event of an economic crisis affecting a particular region, where people are facing hardship and require access to affordable food, clothing, and essentials, an entrepreneur who reduces prices or distributes goods to the local population free of charge should not be penalized for their goodwill. It is essential to revise existing regulations and clearly define the objectives to avoid unnecessary liabilities for those seeking to support their fellow citizens.

B. Prohibition of unlawful involvement of children in religious education

The Parliament of Uzbekistan has proposed a draft law aimed at safeguarding children from inappropriate and harmful religious teachings that may jeopardize their well-being.

Until recently, many parents have entrusted their children to religious educators lacking proper qualifications, exposing them to irrelevant religious teachings and potentially sidelining their mandatory secular education. This draft law seeks to introduce administrative penalties for parents who unlawfully involve their children in religious education by amending Article 47 of the Code of Administrative Liability. Hence, parents would be held responsible for compelling their children to receive religious education from underqualified individuals.

1. Public outcry

Doniyor Ganiyev, a deputy of the Legislative Chamber of the Parliament, pointed out a potential flaw in the draft law concerning the prohibition on parents educating their children in religious knowledge. He argued that this restriction may infringe upon parents’ constitutional rights as outlined in Article 33 of the Constitution. As a result, parents could face liability if they provide religious education to their children once the draft law is implemented.

Additionally, Ganiyev raised concerns that parents without specific religious knowledge or qualifications may also be held accountable for teaching their children religion. Consequently, many individuals interpret the concept of “unlawful involvement of children in religious education” as referring to educating children in religion without adequate qualifications.

2. Challenging misunderstandings

Despite sparking public debate and criticism, Deputy Speaker Odiljon Tojiyev of the Legislative Chamber of Oliy Majlis emphasized the importance of understanding the intention behind the draft law. Tojiyev clarified that parents would only be held accountable if they involve their children in settings like “Khujra,” (secret rooms) which have long been prohibited by law. It is crucial to note that parents retain the right to provide religious education to their children; however, they must ensure that such education is delivered in a safe and appropriate manner that safeguards their well-being. Essentially, this draft law aims to protect children from potential harm or exploitation in religious settings.

Overall, the draft law seeks to ensure children’s safety and right to education while preventing them from being subjected to religious manipulation. Parents’ right to provide religious education to their children remains intact, with the law targeting specific actions that may pose risks to children’s welfare in certain religious environments.

Final thoughts

In conclusion, in 2024, Uzbekistan introduced administrative accountability for enticing individuals by offering free food, goods, or exorbitantly priced items during public gatherings, as well as for unlawfully involving children in religious education. While these changes in administrative liability are designed to enhance individual safety, uphold children’s rights and freedoms, and address persistent issues facing our nation, they may also give rise to certain challenges.

First, the lack of clarity and the overly broad scope of administrative liability regarding the free distribution of food, clothing, and other items may result in the unjust prosecution of entrepreneurs. Second, the administrative liability concerning the unlawful involvement of children in religious education could restrict parents from exercising their right to provide their children with religious instruction, thereby infringing upon constitutional rights outlined in Article 33 of the Constitution.

Therefore, it is essential for the Uzbek parliament to carefully consider the legal implications and potential issues associated with the implementation of administrative liability for the actions mentioned above.

Cite as:  Tolib Rakhmonov, “New administrative liabilities by Uzbek Parliament in 2024”, Uzbekistan Law Blog, 28.08.2024.