PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of July 24, 2020 No. UP-6034

About additional measures for further enhancement of activity of the courts and increase in efficiency of justice

In recent years in the country consecutive work on further enhancement of judicial system of law, strengthening of measures of reliable protection of the rights and legitimate interests of citizens and entrepreneurs, effective ensuring justice, and also increase in role of bodies of judicial community is carried out.

As a result of the carried-out work protection of justices of the person in case of administration of law is lifted to new level.

In particular, thousand unfairly accused persons, in the relation of more 3,5 thousand young people and women, on delusion who took way of crime who could be sentenced to custodial sanction are acquitted about 2,3, on the basis of the guarantee waved and the public milder pinishments are imposed that allowed them to remain in circle of the family, 60 employees of the law enforcement bodies which roughly violated human rights are brought to trial.

Along with it the remaining excessive bureaucratic barriers in ensuring judicial protection, availability of duplicative stages of review of judgments, not up to standard organized judicial protection of the rights of investors and some other shortcomings require review of the operating system of judicial authorities regarding compliance to modern requirements and international standards.

For the purpose of consecutive realization of the tasks in the judicial and legal sphere determined in the President's letter of the Republic of Uzbekistan to Oliy Majlis of January 24, 2020, increase in the access level of citizens to justice, improvements of quality of hearing of cases in courts, and also expansions of mechanisms of providing in practice of equality and competitiveness of the parties promoting adoption of objective, fair and legal judgments:

1. Take into consideration that by the Supreme Court of the Republic of Uzbekistan together with the Supreme judicial council and judicial community according to the procedure of the legislative initiative the bill providing realization since January 1, 2021 of the following organizational structural changes in judicial system is drafted:

formation of courts of law of the Republic of Karakalpakstan, areas and the city of Tashkent based on the regional and equated to them courts on civil cases, on criminal cases and economic courts with preserving strict specialization of judges and formation of separate judicial boards by legal proceedings types;

delegation of power of administrative courts on hearing of cases about administrative offenses to criminal court judges;

education in the centers of the Republic of Karakalpakstan and areas, the city of Tashkent of the interdistrict administrative courts specializing in hearing of cases, following from administrative and other public relations with abolition in this regard district (city) administrative courts and preserving administrative courts of the Republic of Karakalpakstan, areas and the city of Tashkent;

abolition of the Amu Darya, Nurabadsky, Baysunsky and Pastdargomsky district economic courts;

formation of Yangiyulsky interdistrict court on civil cases, Urgutsky, Sokhsky, Hatyrchinsky, Pakhtakorsky district courts on civil cases, Pastdargomsky interdistrict economic court, Buzatovsky, Takhiatashsky, Bandikhansky, Tuprokkalinsky district courts on criminal cases;

provision of the right of appeal in the Supreme judicial council of decisions of the Highest qualification board of judges of the Republic of Uzbekistan, and also qualification boards of judges of courts of the Republic of Karakalpakstan, areas and the city of Tashkent.

To the Supreme Court of the Republic of Uzbekistan together with the Supreme judicial council in two-month time to introduce to Oliy Majlis of the Republic of Uzbekistan the relevant bill on the questions provided in this Item.

2. Approve the offers of the Supreme Court, the Supreme judicial council, the Prosecutor General's Office and Chamber of lawyers of the Republic of Uzbekistan providing since January 1, 2021:

a) abolition of institute of consideration of legal cases according to the procedure of supervision, cancellation of the right of the chairman of the Supreme Court, the Attorney-General of the Republic of Uzbekistan and their deputies on introduction of protest according to the procedure of supervision on decisions, sentences, determination and the court order;

b) introduction of the stage of initial hearing giving opportunity of operational identification and elimination of the factors interfering consideration of criminal case in accordance with general practice, determinations of procedure for decision making on case with participation of the parties and respect for the principle of competitiveness at stage of purpose of case to consideration in court;

c) implementation of procedures, according to which:

decisions of interdistrict, district (city) courts can be reviewed in appeal procedure by the regional and equated to them courts, and the solutions of the regional and equated to them courts which are taken out as Trial Court - judicial boards of the Supreme Court of the Republic of Uzbekistan;

the decisions of the courts considered in appeal procedure can be reviewed in cassation procedure by judicial boards of the Supreme Court of the Republic of Uzbekistan;

the decisions passed on cases which were considered in cassation procedure by judicial boards of the Supreme Court of the Republic of Uzbekistan can be considered repeatedly in cassation procedure on protest of the chairman of the Supreme Court, the Attorney-General of the Republic of Uzbekistan and their deputies;

the refusal of the state prosecutor of accusation attracts the termination of criminal case on the rehabilitating bases;

reclamation from court and studying by the prosecutor of case on which sentence, the decision, determination or the court order took legal effect, only in case of availability of the appeal of the parties on this case;

exception of participation of the prosecutor on its own initiative in consideration of the civil and economic cases in courts initiated at the initiative of other persons, except as specified, provided by the law.

3. Approve the offer of the Supreme Court, the Representative for protection of the rights and legitimate interests of entrepreneurs in case of the President of the Republic of Uzbekistan, the Ministry of investments and foreign trade and Chamber of Commerce and Industry about education in structure of the Supreme Court of Judicial structure on consideration of investment disputes and cases on the competition (further - Judicial structure).

Give to Judicial structure authority on consideration of the investment disputes arising between the physical persons or legal entities which performed investments in the amount of at least amount in equivalent of twenty million US dollars (further - the large investor) and state bodies, and also cases on the competition.

Determine that:

at the request of large investors on investment disputes, the parties on cases on the competition of case of this category can be considered by directly Judicial structure as Trial Court;

other investment disputes over desire of investors can be considered by courts of the Republic of Karakalpakstan, areas and the city of Tashkent as Trial Court.

4. Agree with introduction in structures of the Supreme Court of the Republic of Uzbekistan, the regional and equated to them courts of the following structural divisions (positions):

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info