LAW OF THE REPUBLIC OF UZBEKISTAN

of January 12, 2021 No. ZRU-665

About modification and amendments in the Code of the Republic of Uzbekistan about the administrative responsibility in connection with enhancement of Institute of review of judgments

Accepted by Legislative house on December 11, 2020

Approved by the Senate on December 19, 2020

Article 1. Bring in the Code of the Republic of Uzbekistan about the administrative responsibility approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2015-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 3, Art. 6; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, No. 9, Art. 193, No. 12, Art. 269; 1996, Art. No. 5-6, 69, No. 9, Art. 144; 1997, No. 2, Art. 56, No. 4-5, Art. 126, No. 9, Art. 241; 1998, No. 3, Art. 38, No. 5-6, Art. 102, No. 9, Art. 181; 1999, No. 1, Art. 20, No. 5, Art. 124, No. 9, Art. 229; 2000, Art. No. 5-6, 153, No. 7-8, Art. 217; 2001, Art. No. 1-2, 23, No. 9-10, Art. of the Art. 165, 182; 2002, No. 1, Art. 20, No. 9, Art. 165; 2003, No. 1, Art. 8, No. 5, Art. 67, No. 9-10, Art. 149; 2004, Art. No. 1-2, 18, No. 5, Art. 90, No. 9, Art. 171; 2005, No. 1, Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 9, Art. 312, No. 12, Art. of the Art. 413, 417, 418; 2006, No. 6, Art. 261, No. 9, Art. 498, No. 10, Art. 536, No. 12, Art. of the Art. 656, 659; 2007, No. 4, Art. of the Art. 158, 159, 164, 165, No. 9, Art. of the Art. 416, 421, No. 12, Art. of the Art. 596, 604, 607; 2008, No. 4, Art. of the Art. 181, 189, 192, No. 9, Art. of the Art. 486, 488, No. 12, Art. of the Art. 640, 641; 2009, No. 1, Art. 1, No. 9, Art. of the Art. 334, 335, 337, No. 10, Art. 380, No. 12, Art. of the Art. 462, 468, 470, 472, 474; 2010, No. 5, Art. of the Art. 175, 179, No. 6, Art. 231, No. 9, Art. of the Art. 335, 339, 341, No. 10, Art. 380, No. 12, Art. of the Art. 468, 473, 474; 2011, No. 1, Art. 1, No. 4, Art. of the Art. 104, 105, No. 9, Art. of the Art. 247, 252, No. 12/2, Art. 365; 2012, No. 4, Art. 108, No. 9/1, Art. 242, No. 12, Art. 336; 2013, No. 4, Art. 98, No. 10, Art. 263; 2014, No. 1, Art. 2, No. 5, Art. 130, No. 9, Art. 244, No. 12, Art. of the Art. 341, 343; 2015, No. 6, Art. 228, No. 8, Art. of the Art. 310, 312, No. 12, Art. 452; 2016, No. 1, Art. 2, No. 4, Art. 125, No. 9, Art. 276, No. 12, Art. of the Art. 383, 385; 2017, No. 4, Art. 137, No. 6, Art. 300, No. 9, Art. 510, No. 10, Art. 605; 2018, No. 1, Art. of the Art. 1, 4, 5, No. 4, Art. 224, No. 7, Art. of the Art. 430, 431, 432, No. 10, Art. of the Art. 671, 673, 679; 2019, No. 1, Art. of the Art. 1, 3, 5, No. 2, Art. 47, No. 3, Art. of the Art. 161, 165, 166, No. 5, Art. of the Art. 259, 261, 267, 268, No. 7, Art. 386, No. 8, Art. of the Art. 469, 471, No. 9, Art. of the Art. 591, 592, No. 10, Art. of the Art. 674, 676, No. 11, Art. of the Art. 787, 791, No. 12, Art. of the Art. 880, 891; 2020, No. 1, Art. 4, No. 3, Art. of the Art. 203, 204, No. 7, Art. 449, No. 9, Art. of the Art. 539, 540, No. 10, Art. of the Art. 593, 596, No. 11, Art. 651), following changes and amendments:

"District (city) administrative court" shall be replaced with words 1) in part one of Article 27 of the word "district (city) criminal court judge";

"District (city) administrative court" shall be replaced with words 2) in part one of Article 28 of the word "district (city) criminal court judge";

"District (city) administrative court" shall be replaced with words 3) in part one of Article 29 of the word "district (city) criminal court judge";

"District (city) administrative court" shall be replaced with words 4) in part one of Article 29-1 of the word "district (city) criminal court judge";

5) in part two of Article 38 of the word "administrative court" shall be replaced with words "criminal court judge";

Item 1 of Article 242 to state 6) in the following edition:

"1) district (city) criminal court judges, and in the cases provided by the law, economic courts and courts on civil cases";

7) in Article 245:

state the name in the following edition:

"Article 245. Criminal court judges";

in parts one, second and third words "Administrative courts" shall be replaced with words "Criminal court judges";

8) in part three of Article 288 of the word "administrative court" shall be replaced with words "criminal court judge";

Shall be replaced with words 9) in part three of Article 294 of the word of "administrative court" "criminal court judge";

Article 308 to add 10) with part six of the following content:

"Person concerning whom the decree on the case of administrative offense, the victim and the body which constituted the protocol on the administrative offense having the right to receive the copy of the protocol of consideration of the case on administrative offense and also audio-or videos of judicial session at own expense is issued";

Part the second articles 309 after the words "the decision made on case" to add 11) with the words "and also term and procedure for its appeal";

The name of Chapter XXIV to state 12) in the following edition:

"CHAPTER XXIV. APPEAL AND PROTEST OF THE RESOLUTION (DETERMINATION) ON THE CASE OF THE ADMINISTRATIVE OFFENCE";

The text of Article 314 to state 13) in the following edition:

"The resolution on the case of administrative offense can be appealed by person concerning whom it is taken out the victim, their legal representatives and the lawyer, and also the body which constituted the protocol on administrative offense.

Appeal of the court order on criminal cases on the case of administrative offense is performed according to the procedure, established by Chapter XXIV-1 of this Code";

Part one of Article 315 to state 14) in the following edition:

"The resolution on the case of administrative offense can be appealed in higher body (official) or in district (city) criminal court judge, and the resolution of district (city) criminal court judge - in Appeal Court. The resolution of economic court can be appealed according to the procedure, established by the Economic Procedure Code of the Republic of Uzbekistan, and court on civil cases - according to the procedure, established by the Code of civil procedure of the Republic of Uzbekistan";

Item of 1 part one of Article 317 to state 15) in the following edition:

"1) judges of criminal court judge - in Appeal Court according to the procedure, established by Chapter XXIV1 of this Code";

Shall be replaced with words 16) in part three of Article 319 of the word of "district (city) administrative court" "district (city) criminal court judge";

The name of Chapter XXIV-1 to state 17) in the following edition:

"CHAPTER XXIV-1. PRODUCTION ON REVIEW OF THE RESOLUTION (DETERMINATION) OF CRIMINAL COURT JUDGE ON THE CASE OF THE ADMINISTRATIVE OFFENCE";

Paragraph 1 of Chapter XXIV1 to state 18) in the following edition:

"§ 1. Production in Appeal Court

Article 324-1. Procedure for submission of the petition for appeal (protest)

Person concerning whom the court order on the case of administrative offense is issued, the victim, their legal representatives, the lawyer, and also the body which constituted the protocol on administrative offense, the having the right tax on the court order of the first instance the petition for appeal, and the prosecutor - to bring protest.

The claim (protest) to the court order on the case of administrative offense together with case is subject to the direction in Appeal Court within three days.

The claim (protest) to the court order about administrative detention or administrative expulsion is subject to the direction in Appeal Court in day of receipt of the claim (protest).

The petition for appeal (protest) is addressed to Appeal Court, but filed a lawsuit, issued the decree on the case of administrative offense.

Article 324-2. The courts reconsidering case in appeal procedure

Court of the Republic of Karakalpakstan, regional, Tashkent city courts check in appeal procedure legality, justification and justice of the decrees issued by district (city) criminal court judge on the first instance by results of hearing of cases about administrative offenses.

Article 324-3. Submission due dates of the petition for appeal (protest)

The petition for appeal (protest) on the court order of the first instance on the case of administrative offense can be submitted within twenty days from the date of announcement of the resolution, and person concerning whom the court order, and the victim in the same time from the date of delivery or receipt of the copy of the resolution by it is issued.

In case of the omission of the term provided by part one of this Article, according to the petition of person making the petition for appeal (protest), the court which issued the decree, having the right to recover the passed term if recognizes the reasons of its omission valid about what determination is taken out.

About variation of the petition for recovery of term of appeal appeal (protest) of the court order about administrative offense determination about which the private complaint (private protest) can be made is taken out.

Article 324-4. Withdrawal of the petition for appeal (protest)

Person appealing the court order on the case of the administrative offense having the right to withdraw the claim. The right of withdrawal of protest belongs to the prosecutor who brought protest and also the higher prosecutor.

Person concerning whom the court order on the case of administrative offense is issued has the right to withdraw the claim of the lawyer.

The withdrawal of the petition for appeal (protest) is allowed before removal of Appeal Court to the certain room for decision making.

Article 324-5. Terms of consideration of the petition for appeal (protest)

The petition for appeal (protest) on the court order of the first instance on the case of administrative offense is subject to consideration by Appeal Court within fifteen days from the date of its receipt with all case papers.

Petitions for appeal (protests) on court orders of the first instance on cases on the administrative offenses provided by Articles 51-2, 51-3, 51-4, 51-5, 51-6, 51-7, 51-8, 51-9 of this Code are subject to consideration by Appeal Court in five-day time from the date of their receipt with all case papers.

The petition for appeal (protest) on the court order of the first instance about administrative detention or administrative expulsion is subject to consideration by Appeal Court within a day from the moment of submission of the claim (protest).

Article 324-6. Judicial notices and challenges

Persons participating in case are informed on time and the place of consideration of the petition for appeal (protest) by the legal notifications, telephone messages, telegrams and other means of communication providing fixation of the fact of the notice.

Article 324-7. Procedure for consideration of the petition for appeal (protest)

The petition for appeal (protest) on the court order of the first instance on the case of administrative offense is considered by the judge of Appeal Court solely.

The Appeal Court considers case on administrative offense in judicial session on rules of hearing of cases on the administrative offenses provided in Chapter XXIII of this Code taking into account the features established by this paragraph.

The chairman in judicial session announces what case is considered who makes the petition for appeal (protest) and on what resolution of court, finds out which of persons participating in case, their representatives was, identifies the personality of been, checks powers of officials and representatives, explains to persons participating in case, their rights and obligation, resolves the declared branches and petitions.

Absence of persons properly notified on time and the place of judicial session is not obstacle for consideration of the case in appeal procedure.

Consideration of the case about administrative offense in Appeal Court begins with the report of the judge - the chairman in judicial session. During the report the facts of the case about administrative offense, contents of the court order of the first instance, arguments of the petition for appeal (protest) are stated.

After the report explanations of the persons which were in judicial session participating in case, their representatives are heard. Person who made the petition for appeal, either his representative, or the prosecutor acts as the first if the protest is brought to them.

Having listened to performances of persons participating in case Appeal Court in the presence of the corresponding petitions or on the initiative researches available in case and produced to court (requested by court) the new evidence.

Court, without being limited to arguments of the petition for appeal (protest), checks case papers about administrative offense in full.

On the end of clarification of the facts of the case and researches of proofs the Appeal Court provides to persons participating in case, opportunity to act in judicial debate in the same sequence in what they offered explanations.

Upon termination of judicial debate the judge leaves to the certain room for decision making.

Article 324-8. Powers of Appeal Court

By results of consideration of the petition for appeal (protest) on the court order of the first instance the Appeal Court accepts one of the following resolutions:

1) about leaving of the court order of the first instance without change, and the claim (protest) - without satisfaction;

2) about cancellation of the court order of the first instance, and also the resolution of body (official) and case return to body (official) who constituted the protocol on administrative offense;

3) about change or cancellation of the court order of the first instance and pronouncement of the new resolution;

4) about cancellation of the court order of the first instance and suit abatement;

5) about change of disciplinary measures in the limits provided by the act of the legislation on responsibility for administrative offense without strengthening it;

6) about the termination of appeal production in connection with withdrawal of the petition for appeal (protest).

The court order of appellate instance is announced immediately after its removal.

The court order of appellate instance takes legal effect from the moment of its announcement.

The court order of appellate instance can be appealed (is protested) in cassation procedure.

Article 324-9. Direction (delivery) of the copy of the court order of appellate instance

The copy of the court order of appellate instance till three days after its removal is handed or sent to person concerning whom the decree on the case of administrative offense, to the body which constituted the protocol on administrative offense, and also the victim - at its request is issued.

The decree issued by results of consideration of the petition for appeal (protest) on the court order about administrative detention or about administrative expulsion is brought to the attention of body, the official performing the resolution, and also persons concerning which the decree, and the pronouncement of the resolution which was injured in day is issued";

Paragraph 2 of Chapter XXIV-1 to state 19) in the following edition:

"§ 2. Production in court of cassation instance

Article 324-10. Review of court resolutions in cassation procedure

In cassation procedure the court orders of the first instance on cases on administrative offenses considered in appeal procedure and court orders of appellate instance can be reviewed.

Cases on administrative offenses in cassation procedure are considered by Judicial board on criminal cases of the Supreme Court of the Republic of Uzbekistan.

Article 324-11. Right to submission of the writ of appeal (protest)

Person concerning whom the court order on the case of administrative offense, the victim, their legal representatives, the lawyer and body which constituted the protocol on the administrative offense having the right to make the writ of appeal is issued.

The Attorney-General of the Republic of Uzbekistan, his deputies, the prosecutor of the Republic of Karakalpakstan, prosecutors of areas, the city of Tashkent and prosecutors equated to them, and also their deputies has the right to protest court resolutions in cassation procedure.

Article 324-12. Procedure and submission due date of the writ of appeal (protest)

The writ of appeal (protest) is submitted directly in the Supreme Court of the Republic of Uzbekistan.

The writ of appeal (protest) can be made within six months from the date of pronouncement of the court order of appellate instance.

In case of the omission of the term provided by part two of this Article according to the petition of person making the writ of appeal (protest), the court of cassation instance has the right to recover the passed term if recognizes the reasons of its omission valid about what determination is taken out.

Article 324-13. Contents of the writ of appeal (protest)

In the writ of appeal (protest) shall be specified:

1) the name of court in which she moves;

2) the name (surname, name, middle name) of person making the complaint (protest), its location (postal address) or residence and procedural provision in case;

3) the courts considering case on the first, appellate instance, and also contents of the decisions made by them;

4) court resolutions which are appealed (are protested);

5) the bases for review of court resolution in cassation procedure with reduction of the arguments testimonial of availability of such bases;

6) request of person making the complaint (protest).

The writ of appeal (protest) shall be signed by person making the complaint (protest).

The copies of the court resolutions adopted on case certified by court are attached to the writ of appeal (protest).

Article 324-14. Return of the writ of appeal (protest)

The writ of appeal (protest) returns without consideration by determination of the judge of the Supreme Court of the Republic of Uzbekistan if:

1) it is given by person who does not have the right to appeal to the court of cassation instance;

2) does not meet the requirements, stipulated in Article 324-13 of this Code;

3) the copies of the court resolutions adopted on case certified by court are not enclosed;

4) case is not subject to consideration in cassation procedure;

5) the complaint (protest) is made after fixed term;

6) the statement for withdrawal of the claim (protest) arrived.

After elimination of the circumstances specified in Items 1 - 3 parts one of this Article, person who made the complaint (protest) having the right to address again in general procedure.

Article 324-15. Reclamation of case on administrative offense

The judge of the Supreme Court of the Republic of Uzbekistan studying the writ of appeal having the right to request case on administrative offense from court.

The chairman of the Supreme Court of the Republic of Uzbekistan, his deputies has the right to request from court case on administrative offense for permission of question of availability of the bases for trial de novo in cassation procedure.

The Attorney-General of the Republic of Uzbekistan and his deputies, the prosecutor of the Republic of Karakalpakstan, prosecutors of areas, the city of Tashkent and prosecutors equated to them, and also their deputies in the presence of the address of persons participating in the case having the right to request from court case on administrative offense for the solution of question of bringing of the prosecutor's appeal.

Article 324-16. Terms of consideration of the writ of appeal (protest)

The writ of appeal (protest) is subject to consideration till one month, and in case of reclamation of case on administrative offense - till two months.

Article 324-17. Studying of the writ of appeal (protest)

The writ of appeal (protest) is studied by the judge of court of cassation instance who in time no more than ten days resolves the following questions:

1) about availability or lack of the bases for return of the claim (protest) according to part one of Article 324-14 of this Code;

2) about availability or lack of the bases for reclamation of case on administrative offense.

By results of studying of the claim (protest) by the judge one of the following determinations is taken out:

1) about introduction of the claim (protest) with case for consideration of court of cassation instance;

2) about return of the claim (protest).

About the made decision in three-day time it is reported to person who made the writ of appeal (protest).

Article 324-18. Content of determination about introduction of the writ of appeal (protest) for consideration of court of cassation instance

In determination about introduction of the claim (protest) with case shall be specified consideration of court of cassation instance:

1) time and place of removal of determination;

2) surname, name and middle name of the judge who took out determination;

3) the name (surname, name, middle name) of person who made the writ of appeal (protest);

4) the name of court of the first both appellate instance and the summary of the court resolutions adopted by them;

5) summary of the writ of appeal (protest);

6) the bases of introduction of the claim (protest) for consideration of court of cassation instance.

The judge along with introduction of the writ of appeal (protest) for consideration of court of cassation instance of the person having the right according to the petition who made the complaint (protest) to suspend execution of the disputed court resolution before the end of proceeedings in cassation procedure.

Article 324-19. The notice of persons participating in case

Person who made the writ of appeal (protest) and also other persons participating in case is informed on introduction of case for consideration of court of cassation instance in three-day time if the claim (protest) infringes on their interests.

To persons specified in part one of this Article the copy of the claim (protest) or the notice on access to their electronic copies through Internet resource of court of cassation instance goes. At the same time their right of giving of objections to the claim (protest) in writing or in the form of the electronic document with indication of representation term is explained to persons participating in case. The objections which arrived on the claim (protest) are filed.

Article 324-20. Amendment, change of the writ of appeal (protest). Withdrawal of the claim (protest)

The person who made the writ of appeal, having the right to add it with new arguments or to change the claim prior to judicial session of court of cassation instance.

The prosecutor who brought protest and also the higher prosecutor has the right to add or change protest prior to judicial session of court of cassation instance.

In case of modification or amendments in the writ of appeal (protest) respectively by the body which constituted the protocol on administrative offense, the victim or his representative, or the prosecutor the question of deterioration of the situation of person brought to the administrative responsibility cannot be raised if such requirement did not contain in the initial writ of appeal (protest).

To recall person who made the writ of appeal having the right it. The right of withdrawal of the prosecutor's appeal belongs to the prosecutor, brought protest, and also to the higher prosecutor. The withdrawal of the writ of appeal (protest) is allowed before removal of court of cassation instance to the certain room for decision making.

In case of withdrawal of the writ of appeal (protest) the court of cassation instance takes out determination which stops cassation production if the court order is not appealed by other persons.

Article 324-21. Terms and procedure for consideration of the case in cassation procedure

The writ of appeal (protest) is considered by the judge of court of cassation instance solely.

The court of cassation instance shall start consideration of the case no later than fifteen days from the date of removal by the judge of determination about case referrals with the claim (protest) to consideration of court of cassation instance.

Duration of consideration of the case of cassation instance by court shall not exceed one month from the date of the beginning of its consideration.

Person who made the writ of appeal (protest) and also other persons and (or) their representatives participating in case can take part in court session of cassation instance.

Absence of persons properly notified on time and the place of judicial session is not obstacle for consideration of the case in cassation procedure.

Consideration of the case in cassation procedure begins with the report of the judge who states the facts of the case, content accepted in the matter of court resolutions, the arguments given in the writ of appeal (protest).

The persons participating in case, who were in the judicial session having the right to offer explanations on case. Person who made the writ of appeal gives the first the explanation if case is considered on the prosecutor's protest, the prosecutor acts as the first.

By results of consideration of the case in cassation procedure determination is accepted.

Copies of determination go to the person who made the writ of appeal (protest) and other persons participating in case, according to the procedure, stipulated in Article 324-9 of this Code.

Article 324-22. Powers of court of cassation instance

Court of cassation instance, having considered case in cassation procedure, has the right:

1) to leave court resolution without change, and the writ of appeal (protest) without satisfaction;

2) to cancel court resolution completely or in part and to send case for new trial in Appeal Court;

3) to change or cancel court resolution and to accept the new resolution;

4) to uphold one of earlier accepted in the matter of court resolutions;

5) to cancel court resolutions and to stop proceeedings;

6) to change disciplinary measures in the limits provided by the act of the legislation on responsibility for administrative offense without strengthening it;

7) to stop cassation production in connection with withdrawal of the writ of appeal (protest).

Article 324-23. The bases to change or cancellation of court resolution

The bases to change or cancellation of court resolution in cassation procedure are illegality, groundlessness and injustice of court resolution.

The court resolution correct in essence on only one formal bases cannot be cancelled.

Article 324-24. Determination of court of cassation instance

In determination of court of cassation instance shall be specified:

1) the name and structure of the court which accepted determination;

2) date and place of acceptance of determination;

3) case on which determination is accepted;

4) the name (surname, name, middle name) of person who made the writ of appeal (protest);

5) content of the appealed (oprotestuyemy) court resolutions;

6) conclusions of court by results of consideration of the writ of appeal (protest) and the reference to the laws and other acts of the legislation by which the court was guided.

Determination of court of cassation instance is signed by the judge.

Determination of court of cassation instance takes legal effect from the date of its acceptance.

Article 324-25. Trial de novo in court of cassation instance

The court of cassation instance considers case on administrative offense in cassation procedure repeatedly on protest of the chairman of the Supreme Court, the Attorney-General of the Republic of Uzbekistan or their deputies.

The protest about trial de novo about administrative offense in cassation procedure can be brought in six-months time from the date of removal of determination of court of cassation instance.

Trial de novo about administrative offense in court of cassation instance is performed with observance of the rules provided in this paragraph as a part of three judges of the Supreme Court of the Republic of Uzbekistan who were earlier not participating in consideration of this case.

In case of trial de novo about administrative offense the court of cassation instance has the right to accept one of the decisions specified in Article 324-22 of this Code including to cancel or change earlier accepted determination of court of cassation instance.

Article 324-26. Obligation of instructions of court of cassation instance

The Instructions of the court which considered case on administrative offense in cassation procedure, aimed at providing necessary completeness and comprehensiveness of research of the facts of the case, and also at elimination of violations of regulations of this Code are obligatory for Appeal Court in case of new trial of case.

Court of cassation instance, sending case on administrative offense for the new appeal trial having no right to determine conclusions about validity or absences of proof of fault about reliability or unauthenticity of that or other proof, about benefits of one proofs before others, about qualification of administrative offense and measure of administrative punishment";

20) in the text of Article 324-27 in words "Administrative court" shall be replaced with words "Criminal court judge";

21) in Article 324-28:

in word part one "administrative court" shall be replaced with words "criminal court judge";

in word part two "cassation or supervising" shall be replaced with words "appeal or cassation";

Shall be replaced with words 22) in item 4 of Article 324-29 of the word of "administrative court" "criminal court judge";

Shall be replaced with words 23) in part two of Article 326 of the word "In case of Appeal or Protest of the Resolution on Application of Administrative Punishment" "In case of appeal or protest in appeal procedure for the resolution on application of administrative punishment";

To "administrative court" shall be replaced with words 24) in Article 339 of the word to "criminal court judge";

25) in Article 343 of the word "administrative court" shall be replaced with words "criminal court judge".

Article 2. To the Cabinet of Ministers of the Republic of Uzbekistan:

bring decisions of the government into accord with this Law;

provide review and cancellation by state bodies of their regulatory legal acts contradicting this Law;

provide execution, bringing to contractors and explanation among the population of essence and value of this Law.

Article 3. This Law becomes effective from the date of its official publication.

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