of February 21, 2020 No. 4
About ensuring openness of legal proceedings and right to be informed about activity of the courts
For the purpose of ensuring openness of legal proceedings, realization of right to be informed about activity of the courts, and also uniform application of acts of the legislation by courts on the matter, being guided by article 17 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Draw the attention of courts that openness of legal proceedings, timely and objective informing the public on activity of the courts promotes increase in level of legal awareness of society, is important guarantee of implementation of justice, effective remedy of ensuring public control over judicial activities and increases in trust of society to court.
Due to stated, courts should create necessary conditions for ensuring openness of legal proceedings and realization of right to be informed about activity of the courts.
2. Courts should mean that ensuring openness of legal proceedings, knowledge of citizens, the organizations, public associations, public authorities, self-government institutions of citizens and representatives of mass media of activity of the courts is performed according to the Constitution of the Republic of Uzbekistan, the laws of the Republic of Uzbekistan "About courts", "About guarantees and freedom of information access", "About the principles and guarantees of freedom of information", "About informatization", "About protection of professional activity of the journalist", "About openness of activities of state governing bodies", "About public control", "About mass media", other regulatory legal acts according to the procedure, established respectively by the Code of civil procedure of the Republic of Uzbekistan (further - GPK), the Code of penal procedure of the Republic of Uzbekistan (further - the Code of Criminal Procedure), The economic Procedure Code of the Republic of Uzbekistan (further - EPK), the Code of the Republic of Uzbekistan about administrative legal proceedings (further - KOAS), the Code of the Republic of Uzbekistan about the administrative responsibility (further - KOAO).
3. Restriction of right to be informed about activity of the courts on signs of sexual, racial, national, language identity, religious, social origin, beliefs, personal and social standing of citizens is not allowed.
4. Openness of legal proceedings, information access about activity of the courts shall promote realization of tasks of civil, criminal, economic, administrative trial, excepting any intervention in judicial activities as according to article 136 of the Constitution of the Republic of Uzbekistan judges are independent and submit only to the Constitution and the law.
5. Explain that mass media have no right to determine results of legal proceedings on specific case or to influence otherwise (to put pressure) court.
The judge has no right to give interview or to act in mass media on case on which the judgment did not take legal effect.
6. Openness of legal proceedings is provided by means of provision of opportunity to be present at judicial session to persons who are not participants of process including representatives of mass media.
Carrying out proceedings in open court in the rooms excluding possibility of presence in them of persons who are not participants of process is not allowed.
Presence at proceeding in open court of the minors who are not participants of process is allowed only taking into account requirements of the relevant procedural law.
Considering that presence of representatives of mass media at proceeding in open court for the purpose of receipt of data on case is legal method of receipt of information, creation of obstacles by it in access to courtroom on the bases which are not provided by the law is not allowed.
7. Conducting trial of case in the closed judicial session completely or in part is possible only on the bases provided by the law (Article part two 12 GPK, parts one, the third, fourth, fifth article 19 Code of Criminal Procedure, part two of article 11 EPK, part two of article 13 KOAS).
About conducting trial of case in the closed judicial session the court takes out motivated determination in which the specific circumstances interfering open entry to courtroom of persons who are not participants of process, representatives of mass media shall be specified.
Information on trial of case in the closed judicial session shall be public.
About conducting trial of case in the closed judicial session it is specified also in the protocol of judicial session and in the prolog accepted in the matter of court resolution.
8. Before announcement of determination of court about conducting trial of case in the closed judicial session removal from courtroom of persons who are not participants of process, representatives of mass media is not allowed. When the decision on conducting trial of case in the closed judicial session is made in case of purpose of criminal case to legal proceedings, persons who are not participants of process, representatives of mass media in courtroom are not allowed.
After announcement of determination of court about conducting trial of case in the closed judicial session of person, not being participants of process, representatives of mass media leave from courtroom about what it is specified in the protocol of judicial session.
If the court makes the decision on carrying out part of trial of criminal case in the closed judicial session, persons who are not participants of process representatives of mass media are not allowed only on this part of legal proceedings.
Carrying out the closed judicial session in the mode of video conferencing is not allowed, and audio-and the video of such meeting is not made. Except as specified carrying out video of refusal of the defendant of the defender.
When carrying out the closed judicial session case forming electronically, and also the publication of judgments in mass media is not allowed.
9. The court considers civil case, and also the case following from administrative legal relationship in the closed judicial session if it contains the data constituting the state secrets and other secret protected by the law or if the law provides obligatory consideration of civil case in the closed judicial session.
According to the petition of the participant of process or initiative of court the court has the right to consider civil case, and also the case following from administrative legal relationship in the closed judicial session for the purpose of providing the right to personal privacy or preserving the data which are the secret protected by the law (parts two and third Articles 12 GPK, part two of article 13 KOAS).
At the same time it must be kept in mind that the petition for conducting trial of case in the closed judicial session can proceed not only from the face, declaring the petition in own interests, and (or) from his representative, but also from persons to whom owing to Articles 50, 52 GPK are granted the right to be effective in protection of the rights and legitimate interests of other persons (for example, from the prosecutor, guardianship and custody body, etc.).
10. Conducting trial of criminal case in the closed judicial session is allowed in the presence of the bases provided by parts one and third article 19 Code of Criminal Procedure.
11. Trial of case in the closed judicial session for the purpose of preserving the state secrets, trade secret and other secret protected by the law is allowed only in the presence in data which according to the Law of the Republic of Uzbekistan "About protection of the state secrets" and other legal acts are carried to the state secrets, trade secret and other secret protected by the law.
12. Trial of case in the closed judicial session for the purpose of preserving trade secret can be made if the owner of such information who declared the corresponding petition took measures for protection of trade secret according to article 10 of the Law of the Republic of Uzbekistan "About trade secret".
In case of the solution of question of conducting trial of case in the closed judicial session for motive of preserving trade secret courts should consider that the mode of trade secret cannot be set concerning the data provided in article 5 of the Law of the Republic of Uzbekistan "About trade secret".
13. In case of the solution of question of conducting trial of case in the closed judicial session for motive of providing the right of person to personal privacy courts should take nature and contents of data on private life of person, and also possible effects of disclosure of such data into account.
14. It must be kept in mind that under the law:
a) photographing, video, and also broadcasting in mass media of proceeding in open court is allowed:
by consideration of civil case - with the permission of the chairman in judicial session after obtaining on it the consent of party litigants;
by consideration of criminal, administrative, economic case and case on the administrative responsibility - with the permission of the chairman in judicial session after hearing of opinion of the parties;
b) the audio recording of proceeding in open court is allowed:
by consideration of civil case - with the permission of the chairman in judicial session after obtaining on it the consent of party litigants;
by consideration of criminal case and case on the administrative responsibility - with the permission of the chairman in judicial session after hearing of opinion of the parties.
Draw the attention of courts that attendees in courtroom can freely conduct written notes, the shorthand report on any case, and by consideration of the economic case and case following from administrative legal relationship, also audio recording.
About satisfaction or variation of petitions of participants of process, addresses of representatives of mass media the court takes out determination on site which is entered in minutes of judicial session.
The court warns representatives of mass media about responsibility for correctness, truthfulness, objectivity and reliability of the distributed information about what record is entered in minutes of judicial session.
15. Actions of persons performing fixing of the course of judicial session in the forms allowed by the law shall not disturb procedure in judicial session.
Abuse of the persons which are present at judicial session and having the right to fixing of its course, this right is violation of procedure in judicial session. In this case the court has the right to apply to corrective action perpetrators, provided by the procedural law.
16. It must be kept in mind that the entrance to court house in strict accordance with the procedure established by the acts regulating questions of internal activities of court shall be provided to persons visiting judicial session, including representatives of mass media. With respect thereto courts need to provide access to these documents in case of entrance to court house.
At the same time it must be kept in mind that representatives of mass media of foreign states are allowed in courtroom on presentation of the document on their accreditation in the Republic of Uzbekistan.
17. According to the requirement of the procedural law announcement of the court resolutions which took place by results of consideration of civil, criminal, economic, administrative cases and cases on administrative offenses is performed publicly irrespective of trial of case in the opened or closed judicial session, except as specified, directly provided by the law. In particular, the judgment on the civil case affecting the rights and legitimate interests of the minor considered in the closed judicial session (for example, on the case of adoption (adoption), appears non-public.
18. Draw the attention of courts that creation of the conditions limiting or excluding access to proceeding in open court of persons who are not participants of process including representatives of mass media that is violation of the procedural law is forbidden and attracts the responsibility established by the law.
19. Information on activity of the courts is public, except as specified restrictions of information access with the law (article 6 of the Law of the Republic of Uzbekistan "About openness of activities of bodies of authority and management").
Data, components belong to information of limited access, in particular:
the state secrets (article 4 of the Law of the Republic of Uzbekistan "About protection of the state secrets")
;other secret protected by the law (for example, secrecy of adoption (adoptions) (article 153 of the Family code of the Republic of Uzbekistan);
medical secret (part five of article 25 of the Law of the Republic of Uzbekistan "About protection of public health", article 19 of the Law of the Republic of Uzbekistan "About protection of reproductive health of citizens");
other data, access to which is limited based on the law.
The court has no right to refuse provision of required information, referring to the fact that its part belongs to information of limited access. Public part of information is in that case provided.
20. Information on activity of the courts provided to users shall be timely and be submitted within the terms established by the law.
21. Information on activity of the courts can be provided to users on their request, that is the address in oral or written form, including in the form of the electronic document. To the request which arrived in court on the world information Internet (further - the Internet), that is to request in the form of the electronic document, the general requirements shown to execution of written requests are applied.
On oral request information on activities of court which is not requiring special check and search can be provided. For example, on oral request information on time and the place of judicial session, on stage and result of consideration of the case, on case referral on cognizance can be provided.
22. Courts should consider that under the law the current of term of consideration of request about provision of information begins from the date of its registration. For the purpose of timely provision of required information courts should provide adherence to deadlines of registration of the arrived requests, and also answers to them which are established by the acts regulating clerical works in court.
23. Courts should consider that if required information is published in mass media and (or) is posted on official websites of courts on the Internet, courts have the right to be limited to specifying of the name, date of exit and number of mass media in which required information, and (or) the e-mail address of the official website with indication of the page on which required information is placed is published.
24. Acquaintance of users with information on the activity of the courts which is in archive funds is performed according to the procedure, the established legislation on archiving and other acts adopted according to it.
25. Information on activity of the courts extends through mass media and on the Internet.
Information on activity of the courts which is subject to obligatory placement on the Internet shall be determined proceeding from the list provided in article 5 of the Law of the Republic of Uzbekistan "About openness of activities of state governing bodies".
According to article 66 of the Law of the Republic of Uzbekistan "About courts" mass media have no right to determine results of legal proceedings on specific case or in any form in the messages to influence court.
26. Draw the attention of courts that placement on official websites of courts of texts of judgments shall be performed according to requirements of part seven of Article 12 GPK, parts eleven of article 19 Code of Criminal Procedure, part six of article 11 EPK. From texts of court resolutions are subject to data exception, the constituting state secrets or other secret protected by the law. Texts of the judgments which took legal effect can be published on the official website of court with depersonalization or with the consent of participants of process completely. At the same time texts of the judgments which are subject by law to publication (for example, the text of the judgment about recognition of the regulatory legal act or its part invalid), are posted on official websites of courts in full.
27. For the purpose of acquaintance of users with the current information on work of the courts in premises of courts information stands and (or) technical means of similar appointment at which data are placed shall be established:
about the regulatory legal acts determining legal status of court (their list);
about working hours of court, trust phone numbers;
about procedure for reception of applications, offers and claims;
about the forthcoming judicial sessions, including about proceedings in open court;
about procedure for provision of information on activities of court.
Information stands shall be placed in the places available to visitors.
Data on the forthcoming proceedings in open court shall be published also on the official website of the relevant court.
28. In courts also other methods of ensuring access to information on activity of the courts which do not contradict the law can be used and do not break the principle of independence of judges (in particular, reception of citizens, the public representatives, holding briefings, interview, press conferences, performances in mass media and before the population, distribution of press releases, etc.).
29. For maintenance of continuous communication with the public official representatives of courts interact with mass media.
30. For the purpose of informing the public on activity of the courts chairmen of the regional and equated to them courts, interdistrict, district (city) courts shall:
organize meetings of judges with the population, and also every quarter to inform the public on activity of the courts through mass media.
31. To judicial boards of the Supreme Court of the Republic of Uzbekistan, chairmen of justices of the Republic of Karakalpakstan, regional and Tashkent city courts to provide quarterly publication of reviews of court practice on hearing of cases respectively in appeal, cassation and auditing procedure.
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Chairman of the Supreme Court of the Republic of Uzbekistan |
K. Kamilov |
|
Secretary Plenuma, judge of the Supreme Court |
I. Alimov |
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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