LAW OF THE REPUBLIC OF UZBEKISTAN

of September 27, 2023 No. ZRU-869

About modification and amendments in the Code of penal procedure of the Republic of Uzbekistan in connection with enhancement of institute of check of legality, justification and justice of judgments

Accepted by Legislative house on May 23, 2023

Approved by the Senate on August 4, 2023

For the purpose of ensuring rule of law, realization of constitutional rights of citizens and respect for justice in society in recent years in the country large-scale organization-legal actions for radical reforming of the judicial and legal sphere are performed.

On analysis results of law-enforcement practice in process of legal proceedings new institutes are implemented, for the purpose of ensuring reliable protection of the rights of citizens such institutes as conciliation, initial hearing, mediation, and also check of legality, justification and justice of judgments are enhanced.

At the same time sharp increase in loading in courts resulted in lack of possibility of hearing of cases in the time established by the law that became the reason of increase in reasonable objections of citizens.

Besides, the reason of restriction of opportunities of check of legality, justification and justice of judgments by means of three-stage system in acceptance of the final decision on case testifies to need of enhancement of this system by effective use of opportunities of average link - regional courts.

This Law makes the changes and additions in the Code of penal procedure of the Republic of Uzbekistan providing procedural rules on review of the judgments which did not take legal effect based on the claim (protest) in appeal procedure which took legal effect of the judgments in cassation procedure considered in appeal or cassation procedure for judgments - in auditing procedure, and also on delegation of power on consideration of the judgments which took legal effect in cassation procedure to the regional and equated to them courts and the termination of practice of cancellation of judgments by superior courts and the direction of case on new trial to courts of subordinate instance.

This Law will serve increase in judicial responsibility, high-quality and timely hearing of cases, effective use of opportunities of the regional and equated to them courts in review of judgments, to expansion of opportunities of citizens for use of the right to appeal and the prevention of discontent, and also non-admission of excessive efforts.

Article 1. Bring in the Code of penal procedure of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2013-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 2, Art. 5; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, No. 12, Art. 269; 1997, No. 2, Art. 56, No. 9, Art. 241; 1998, Art. No. 5-6, 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, No. 1-2, of the Art. of the Art. 11, 23, No. 9-10, Art. of the Art. 165, 182; 2002, No. 9, Art. 165; 2003, No. 5, Art. 67; 2004, Art. No. 1-2, 18, No. 9, Art. 171; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 12, Art. 418; 2006, No. 6, Art. 261; 2007, No. 4, Art. 166, No. 6, Art. of the Art. 248, 249, No. 9, Art. 422, No. 12, Art. of the Art. 594, 595, 607; 2008, No. 4, Art. of the Art. 177, 187, No. 9, Art. of the Art. 482, 484, 487, No. 12, Art. of the Art. 636, 641; 2009, No. 1, Art. 1, No. 4, Art. 136, No. 9, Art. 335, No. 12, Art. of the Art. 469, 470; 2010, No. 6, Art. 231, No. 9, Art. of the Art. 334, 336, 337, 342, No. 12, Art. 477; 2011, No. 4, Art. of the Art. 103, 104, No. 9, Art. 252, No. 12/2, Art. 363; 2012, No. 1, Art. 3, No. 9/2, Art. 244, No. 12, Art. 336; 2014, No. 9, Art. 244; 2015, No. 8, Art. of the Art. 310, 312, No. 12, Art. 452; 2016, No. 4, Art. 125, No. 9, Art. 276, No. 12, Art. 385; 2017, No. 3, Art. 47, No. 6, Art. 300, No. 9, Art. of the Art. 506, 510, No. 10, Art. 605; 2018, No. 1, Art. of the Art. 1, 5, No. 4, Art. of the Art. 218, 224, No. 7, Art. of the Art. 430, 431, No. 10, Art. 679; 2019, No. 1, Art. of the Art. 3, 5, No. 2, Art. 47, No. 3, Art. 161, No. 5, Art. of the Art. 259, 267, No. 7, Art. 386, No. 8, Art. 469, No. 9, Art. of the Art. 589, 592, No. 10, Art. 671, No. 11, Art. of the Art. 787, 791, No. 12, Art. of the Art. 880, 881, 891; 2020, No. 3, Art. 204, No. 5, Art. 296, No. 12, Art. 689; 2021, No. 1, Art. of the Art. 5, 11, 13, 14, No. 2, Art. of the Art. 142, 144, appendix to No. 4, No. 8, Art. of the Art. 800, 803, No. 9, Art. 903, No. 10, Art. 973, No. 12, Art. 1193; 2022, No. 2, Art. 81, No. 3, Art. 216, No. 4, Art. 337, No. 6, Art. 575; 2023, No. 3, Art. of the Art. 184, 185, No. 4, Art. of the Art. 265, 269), following changes and amendments:

Part the fifth Article 13 to state 1) in the following edition:

"Hearing of cases in boards of the relevant courts in appeal, cassation and auditing procedure is performed as a part of three judges. Appeal, cassation or auditing claims (protests) to sentences of the Supreme Court of the Republic of Uzbekistan are considered in Judicial board on criminal cases of the Supreme Court of the Republic of Uzbekistan as a part of five judges. In Presidium of the Supreme Court of the Republic of Uzbekistan - is considered with most of members of Presidium";

Part the second Article 27 to state 2) in the following edition:

"The condemned (justified), his defender, the legal representative, and also the victim, the civil claimant, the civil defendant, their representatives has the right to appeal, the prosecutor to protest sentence (determination) of court respectively in appeal, cassation and auditing procedure";

3) in Article 28:

the third offer of part two to state in the following edition:

"The court of cassation instance considers cases on claims (protests) to the sentences which took legal effect and determinations of Trial Court if they are not considered in appeal procedure, and pronounces sentence or determination";

add with part three of the following content:

"The court of auditing instance considers cases on claims (protests) to the sentences and determinations of Trial Court considered in court of appeal or cassation, relevant auditing authorities and also on sentences or determinations of court of appeal or cassation, relevant auditing authorities and pronounces sentence, determination or the resolution";

"Appeal, cassation procedure" shall be replaced with words 4) in part one of Article 29 of the word "appeal, cassation and auditing procedure";

5) in part one of Article 46 of the word "in court sessions of cassation instance; bring claims to actions and decisions of the investigator, the investigator, the prosecutor and court; get acquainted with the protocol of judicial session and submit on it notes; know about the protests brought on case, appeal, writs of appeal" shall be replaced with words "in court sessions of cassation and auditing instance; bring claims to actions and decisions of the investigator, the investigator, the prosecutor and court; get acquainted with the protocol of judicial session and submit on it notes; know about the protests brought on case, appeal, cassation and auditing claims";

Item 9 parts one of Article 51 to state 6) in the following edition:

"9) considered in court of appeal, cassation and auditing instances";

7) article 53 part one after words "appeal, cassation" to add with the words "and auditing";

8) article 55 part one after words "appeal, cassation" to add with the words "and auditing";

9) article 57 part one after words "appeal, cassation" to add with the words "and auditing";

10) article 59 part one after words "appeal, cassation" to add with the words "and auditing";

11) in Article 76:

in part three of the word "or cassation" shall be replaced with words "cassation and auditing";

in part four of the word "or cassation" shall be replaced with words "cassation and auditing";

in part five of the word "or cassation" shall be replaced with words "or auditing";

the sixth to state part in the following edition:

"The judge who was taking part in consideration of criminal case in court of cassation instance cannot participate in consideration of this criminal case in court of the first or auditing instance";

add with part seven of the following content:

"The judge who was taking part in consideration of criminal case in court of auditing instance cannot participate in consideration of this criminal case in court of the first, appeal or cassation instance, and also in case of reconsideration of the case in auditing procedure in court of higher instance";

the seventh to consider part part eight;

Shall be replaced with words 12) in the text of Article 273 of the word "or cassation" "cassation or auditing";

Shall be replaced with words 13) in part two of Article 306 of the word "or cassation" "cassation or auditing";

The text of Article 389 to state 14) in the following edition:

"To district (city) criminal court judge all criminal cases, except cases, cognizable to public vessels are jurisdictional.

If during legal proceedings on the criminal case considered in one court the circumstances specifying making by the defendant of crime, case on which jurisdictional other court are established, then consideration of the case continues the court which initiated proceedings.

Cognizance of cases to public vessels is determined by the legislation.

To the Supreme Court of the Republic of Uzbekistan, Court of the Republic of Karakalpakstan, regional, Tashkent city court or Military court of the Republic of Uzbekistan cases of special complexity and the importance are jurisdictional.

The chairman of the Supreme Court of the Republic of Uzbekistan having the right to submit criminal case of the Supreme Court of the Republic of Uzbekistan, Court of the Republic of Karakalpakstan, regional, Tashkent city court, Military court of the Republic of Uzbekistan if it on the content is particularly complex and significant.

The chairman of justices of the Republic of Karakalpakstan, chairmen of regional, Tashkent city court, the chairman of Military court of the Republic of Uzbekistan has the right to submit criminal case of the relevant district (city) criminal court judge, and also territorial military court if it on the content is not difficult";

Part third of Article 405-6 after the word of "defender" to add 15) with words of "legal representative";

Part the seventh articles 409 after the word "cassation" to add 16) with the words "and auditing";

Part the second Article 414 to exclude 17);

Item 4 of Article 471 to state 18) in the following edition:

"4) the procedure, terms of appeal, cassation appeal, protest of sentence provided respectively by Articles 4973, of 4974, 500 and 501 of this Code";

Part the fourth articles 473 after the word "appeal" to add 19) with the words "or cassation";

The name of the Section of the eleventh to state 20) in the following edition:

"SECTION ELEVENTH. CHECK OF LEGALITY, JUSTIFICATION AND JUSTICE OF SENTENCES, DETERMINATIONS, RESOLUTIONS";

To add 21) with Chapter 55 of the following content:

"Chapter 55. General terms of check of legality, justification and justice of sentences, determinations, resolutions

Article 478. Types of check of legality, justification and justice of judgments

Legality, justification and justice of sentences, determinations, court orders can be checked in appeal, cassation and auditing procedure.

Consideration of the case of higher instance by court is made:

1) in appeal procedure - according to claims and protests of persons specified in Article 497-2 of this Code;

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