Undoubtedly, only entrepreneurs will benefit from the joint activities of the Constitutional Court of the Republic of Uzbekistan and the Authorized Person under the President of the Republic of Uzbekistan for the Protection of the Rights and Legitimate Interests of Business Entities.

As is known, the Commissioner for the Protection of the Rights and Legitimate Interests of Business Entities is an official under the Law. He or she ensures the protection of the rights and legitimate interests of business entities and ensures that these rights and legitimate interests are respected by government agencies, including law enforcement and regulatory agencies.

The Commissioner for the Protection of the Rights of Business Entities exercises his or her powers independently and autonomously from government agencies and their officials and is accountable to the President of the Republic of Uzbekistan.

It is clear that the Commissioner's powers are very broad. At first glance, the Commissioner's ability to guarantee the protection of the rights and legitimate interests of business entities within the scope of their legally granted powers appears to be sufficient to some extent. However, in practice, this may not always be the case.

Because the rights and legitimate interests of business entities can only be protected by the actions or inaction of officials and government agencies, the Commissioner may, within the limits of his or her authority, eliminate them. But if the rights and legitimate interests of business entities enshrined in the Constitution are violated by law or executive acts, how can they be eliminated?

Advice on eliminating identified violations of legislation on the observance of the rights and legitimate interests of business entities, as well as the causes and conditions that contribute to them, can be submitted to the Authorized Heads of State Bodies and other organizations authorized to eliminate violations of the law.

But how should the Commissioner act when legislative and executive acts violate the rights of business entities enshrined in the Constitution?

In such cases, only the Constitutional Court of the Republic of Uzbekistan can come to the Commissioner's aid. This is because legislation stipulates that legislative and executive acts that contradict the Constitution can only be overturned by the Constitutional Court.

Therefore, it is safe to say that effective cooperation between the Constitutional Court and the Business Ombudsman serves to reliably protect the rights and legitimate interests of business entities.

As is well known, according to Article 41 of the Constitution of the Republic of Uzbekistan, everyone has the right to property. The secrecy of banking transactions, deposits, and accounts, as well as the right of inheritance, are guaranteed by law. Article 65 of the Constitution also states that "property in various forms forms the foundation of Uzbekistan's economy, aimed at improving the well-being of citizens.

The state creates conditions for the development of market relations and fair competition, guarantees freedom of economic activity, entrepreneurship, and labor, taking into account the priority of consumer rights.

In the Republic of Uzbekistan, equality and legal protection of all forms of ownership are ensured.

Private property is inviolable. An owner may not be deprived of their property except in the cases and manner prescribed by law, and without the basis of a court decision."

According to Article 66 of the Basic Law, "The owner possesses, uses, and disposes of his property at his own discretion. The use of property must not cause harm to the environment or violate the rights and legitimate interests of others, society, or the state."

According to Article 67 of the Constitution, "The state shall ensure a favorable investment and business environment."

Entrepreneurs have the right to carry out any activity and independently choose their direction in accordance with the law.

The unity of the economic space, the free movement of goods, services, labor, and financial resources are guaranteed within the territory of the Republic of Uzbekistan.

Monopoly activity is regulated and limited by law.

In this regard, we pay particular attention to the provision of Part 3 of Article 67 of the Constitution, according to which the unity of the economic space, the free movement of goods, services, labor, and financial resources are guaranteed within the territory of the Republic of Uzbekistan.

This issue was particularly emphasized in the report of the Constitutional Court of the Republic of Uzbekistan on the state of constitutional law in the country in 2024.

Why did the Constitutional Court, in its annual report to the chambers of the Oliy Majlis of the Republic of Uzbekistan and the President of the Republic of Uzbekistan, draw attention to the constitutional provision that "the unity of economic space, the free movement of goods, services, labor, and financial resources are guaranteed within the territory of the Republic of Uzbekistan." What factors contributed to this?

Thus, studies have shown that some regional khokimiyats, in their adopted regulations, prohibited the export of agricultural products grown by entrepreneurs and farms outside the region. Note that this prohibition refers to exporting them outside the region, not the republic.

The main reason for introducing this ban is the rising price of agricultural products in the region's farmers' markets.

In fact, the regional khokimiyat could not cite this reason to prohibit the free movement of produce grown by entrepreneurs and farms.

Meanwhile, as noted above, the country's Constitution guarantees the unity of the economic space and the free movement of goods, services, labor, and financial resources within the Republic of Uzbekistan. Consequently, the khokimiyats' regulations were adopted in violation of the Constitution.

We believe that this example will contribute to the effective protection of the constitutionally enshrined rights and legitimate interests of business entities, which are the leading force in the country's economy, and to mutually beneficial cooperation between the Constitutional Court and the Commissioner.

In conclusion, it should be noted that, given that the protection of the rights and legitimate interests of business entities in our country is under the personal control of the head of state, Shavkat Mirziyoyev, it is not difficult to imagine the importance of cooperation between the above-mentioned bodies.

Abdumannob Rakhimov,

Republic of Uzbekistan

Judge of the Constitutional Court.

UzA