LAW OF THE REPUBLIC OF UZBEKISTAN

of December 25, 2023 No. ZRU-889

About modification and amendments in the Code of the Republic of Uzbekistan about administrative legal proceedings in connection with enhancement of procedure for test of legality and justification 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 the country consecutive reforms on establishment of effective judicial control behind activities of state bodies and officials, and also to increase in level of achievement of justice of citizens and subjects of entrepreneurship, ensuring effective protection of the rights of citizens and subjects of entrepreneurship in relations with state bodies are undertaken.

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 changes and additions to the Code of the Republic of Uzbekistan about administrative legal proceedings for the purpose of prevention of excessive centralization of hearing of cases, the non-admissions of the red tape connected with stay of citizens in court from the remote areas, providing hearing of cases in appeal or cassation and auditing procedure in regional and the courts equated to them, hearing of cases in auditing procedure in Judicial board on administrative cases of the Supreme Court of the Republic of Uzbekistan and in particular cases in Presidium of the Supreme Court of the Republic of Uzbekistan and cancellation of procedure for the direction by superior courts of cases on new trial in Trial Court, and also obligatory participation of the prosecutor by consideration by administrative courts of the cases connected with land legal relationship.

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

Article 1. Bring in the Code of the Republic of Uzbekistan about administrative legal proceedings approved by the Law of the Republic of Uzbekistan of January 25, 2018 No. ZRU-462 (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2018, appendix 3 to No. 1, No. 10, Art. 672; 2019, No. 5, Art. 261, No. 9, Art. 592, No. 11, Art. 791, No. 12, Art. 880; 2020, No. 1, Art. 1, No. 3, Art. 198; 2021, No. 1, Art. 9, appendix to No. 4, No. 8, Art. of the Art. 800, 803, No. 9, Art. 903; 2022, No. 8, Art. 787, No. 12, Art. 1188; 2023, No. 3, Art. 185, No. 4, Art. 269), following changes and amendments:

In paragraph three of part one of Article 5 of the word of "appeal and cassation instance" shall be replaced with words 1) "appeal or cassation, corresponding auditing instances";

Part third of Article 7 to state 2) in the following edition:

"By results of consideration of appeal, cassation and auditing claims (protests) resolutions are accepted by courts of appeal, cassation and auditing instances";

3) in Article 17:

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

third 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 jointly with the assistance of most of members of Presidium of the Supreme Court of the Republic of Uzbekistan";

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

"The judge who was involved in consideration of the case in Trial Court cannot participate in case of new trial of this case in Trial Court if the judgment is cancelled by court of appeal, cassation or auditing instance, except cases of hearing of cases on newly discovered facts.

The judge who was involved in consideration of the 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";

Part the fourth Article 30 to exclude 5);

Part the seventh articles 46 after the words "need of its participation in this case is acknowledged as court" to add 6) with the words "on the cases connected with land legal relationship";

7) in part three of Article 112 of the word "appeal, to writs of appeal" shall be replaced with words to "appeal, cassation and auditing claims";

8) in part seven of Article 115 of the word "appeal, the writ of appeal" shall be replaced with words "the appeal, cassation and auditing claim";

Part third of Article 120 to state 9) in the following edition:

"Determination about recovery or about refusal in recovery of procedural term can be appealed (is protested)";

Part the fifth Article 126-3 to state 10) in the following edition:

"In case of approval of the voluntary settlement by court of appeal or cassation, relevant auditing authorities determination which cancels all court resolutions which are earlier adopted on case is taken out and production stops. By consideration of question of approval of the voluntary settlement by court of appeal or cassation, relevant auditing authorities legality and justification of the corresponding court resolution are not checked";

Shall be replaced with words 11) in part two of Article 126-4 of the word of "appeal or cassation instance" "appeal or cassation, relevant auditing authorities";

"Appeal and cassation" shall be replaced with words 12) in part four of Article 144 of the word "appeal, cassation and auditing";

Article 201 to state 13) in the following edition:

"Article 201. Courts, the considering petitions for appeal (protests)

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