LAW OF THE REPUBLIC OF UZBEKISTAN

of December 25, 2023 No. ZRU-887

About modification and amendments in the Code of civil procedure of the Republic of Uzbekistan in connection with enhancement of procedure for test of legality, justification and justice of judgments

Accepted by Legislative house on August 15, 2023

Approved by the Senate on October 27, 2023

In recent years for further expansion of access of the population to justice within the principle "New Uzbekistan - new court" the important reforms aimed at providing priority of human dignity are performed.

In particular, in our 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 is carried out. As a result of the carried-out work degree of protection of the rights and legitimate interests of persons in the course of administration of law moved to new level.

At the same time today the analysis of institute of review of judgments shows need of review of the operating procedure by enhancement of this institute.

This Law makes the changes and additions in the Code of civil procedure of the Republic of Uzbekistan providing eradication of excessive centralization of consideration of legal cases, introduction of stages of hearing of cases in the regional and equated to them courts in appeal or cassation and in auditing procedure, review put in the Supreme Court of the Republic of Uzbekistan in auditing procedure and in Presidium of the Supreme Court of the Republic of Uzbekistan, exception of procedure for the direction superior courts of the cancelled decisions of subordinate courts in these courts for new trial again, assignment on each degree of jurisdiction of obligation to pass the final decision on case, introduction of auditing instance to stages of review of judgments.

This Law will serve further increase in guarantees of the rights of the citizens provided in the Constitution of the Republic of Uzbekistan on judicial protection and appeal in court, to broader protection of the violated rights and freedoms, and also legitimate interests of citizens, further increase in the access level to the justice pro rata to scoping of work and load of judges, further increase in responsibility of courts, high-quality and timely hearing of cases, effective use of opportunities of average link - the regional and equated to them courts in case of review of judgments, and also to reducing excessive expenses of citizens in courts.

Article 1. Bring in the Code of civil procedure of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan of January 22, 2018 No. ZRU-460 (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2018, appendix 1 to No. 1, No. 10, Art. 672; 2019, No. 3, Art. 166, No. 5, Art. 261, No. 9, Art. 592, No. 10, Art. 671, No. 11, Art. of the Art. 791, 792, No. 12, Art. 880; 2020, No. 1, Art. of the Art. of 1,3, No. 3, Art. of the Art. 198, 199; 2021, No. 1, Art. 8, appendix to No. 4, No. 8, Art. 803, No. 9, Art. 903; 2022, No. 3, Art. 213, No. 8, Art. 800; 2023, No. 4, Art. 269) following changes and amendments:

In paragraph four of part one of Article 4 of the word "appeal and cassation" shall be replaced with words 1) "appeal or cassation, corresponding auditing";

2) in Article 6:

in word part three "appeal, cassation" shall be replaced with words "appeal, cassation and auditing";

add with part four of the following content:

"The presidium of the Supreme Court of the Republic of Uzbekistan by results of consideration of the case in auditing procedure issues the decree";

the fourth and fifth to consider parts respectively parts five and the sixth;

3) in Article 17:

in word part three "appeal and cassation" shall be replaced with words "appeal, cassation and auditing";

the fourth to state part in the following edition:

"Consideration of the case in Presidium of the Supreme Court of the Republic of Uzbekistan in auditing procedure is performed with the assistance of most of members of Presidium";

The text of Article 20 to state 4) in the following edition:

"The judge considering case in Trial Court cannot consider this case repeatedly if the judgment is cancelled by court of appeal, cassation or auditing instance, except cases of hearing of cases on newly discovered facts, and also review of the decision made according to the procedure of the correspondence production.

The judge considering case in Trial Court cannot participate in consideration of this case in court of appeal, cassation or auditing instance.

The judge who was involved in consideration of the case in Appeal Court cannot participate in consideration of this case in court of the first, cassation or auditing instance.

The judge who was involved in consideration of the case in court of cassation instance cannot participate in consideration of this case in court of the first, appeal or auditing instance.

The judge who was involved in consideration of the case in court of auditing instance cannot participate in consideration of this 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";

Article 50 to state 5) in the following edition:

"Article 50. Participation of the prosecutor in case

The prosecutor has the right to be involved in trial of cases only in cases when it is provided by the law or on the proceedings initiated according to the action for declaration (statement) of the prosecutor. The prosecutor on own initiative cannot be involved in trial of the proceedings initiated according to the statement of other persons.

The prosecutor has the right to take a legal action with the statement in protection of the violated rights, freedoms and legitimate interests of citizens when the citizen for health reasons, to age or other reasons cannot personally assert the rights, freedoms and legitimate interests in court.

The action for declaration (statement) to interdistrict, district, city courts on civil cases represent - prosecutors of the Republic of Karakalpakstan, areas, the city of Tashkent, areas, cities and prosecutors or their deputies equated to them, and to Court of the Republic of Karakalpakstan, regional and Tashkent city courts - prosecutors of the Republic of Karakalpakstan, areas, the city of Tashkent or their deputies.

The Attorney-General of the Republic of Uzbekistan or his deputies has the right to bring the action for declaration (statement) into all courts on civil cases of the Republic of Uzbekistan";

Article 125 to add 6) with part two of the following content:

"The private complaint (protest) can be made about determination of court about suit abatement";

7) in Article 138:

in text part two in Russian the word is "awarded" shall be be replaced with words "awarded from the defendant";

in word part seven "appeal and cassation" shall be replaced with words "appeal, cassation and auditing";

8) in Article 155:

state part one in the following edition:

"The terms appointed by court (judge) can be extended by court (judge)";

the second after the word "court" to add part with the word "(judge)";

the sixth after the word "in recovery" to add part with the words "or about recovery";

9) part third of article 168 after words "appeal, cassation" to add with the words "or auditing";

Article 181 to add 10) with part three of the following content:

"The private complaint (protest) can be made about determination of court about refusal in cancellation of the writ";

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