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Bulletin of Abai KazNPU. Series of Jurisprudence

CONSTITUTIONAL COURTS OF UZBEKISTAN AND KAZAKHSTAN: COMPARATIVE ANALYSIS OF STATUS AND COMPETENCE

Published December 2025
Ташкентский государственный юридический университет
Abstract

The article presents a comparative analysis of the legal status and competence of the Constitutional Courts of the Republic of Kazakhstan and the Republic of Uzbekistan in the context of modern constitutional and legal reforms. The results presented in the work are based on a comprehensive study of regulatory legal acts, doctrinal sources and practices of the constitutional control bodies of both countries. The author reveals significant institutional differences between two models: Kazakhstan, focused on the development of judicial constitutionalism, strengthening the human rights function and expanding citizens' access through the mechanism of an individual constitutional complaint, and Uzbek, which retains elements of the classical judicial vertical with indirect, limited citizens' access to constitutional control procedures.

Particular attention is paid to the analysis of the influence of political and legal factors on the processes of the formation of the judiciary and the institutional independence of constitutional control bodies. It is shown that in Kazakhstan, despite significant achievements in the development of mechanisms for the protection of constitutional rights, the problems of the execution of decisions of the Constitutional Court, the integration of its legal positions into judicial practice and the risks of selective constitutional activism remain. Uzbekistan has identified challenges such as the absence of a direct constitutional complaint, the dependence of the appeal mechanism on the discretion of the courts and the limited competence of the Constitutional Court in protecting the rights of specific citizens.

Comparative analysis demonstrates that the further development of the constitutional justice systems of Kazakhstan and Uzbekistan requires strengthening guarantees of judicial independence, improving appeal procedures, expanding the human rights function of constitutional control and improving the level of constitutional culture. The findings can serve as a basis for improving the mechanisms for ensuring the rule of the Constitution and protecting human rights in Central Asian countries.

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