RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of March 25, 2024 No. 8

About some questions of hearing of cases of administrative offenses in appeal, cassation procedure

Due to the changes made to the Code of the Republic of Uzbekistan about the administrative responsibility and also for the purpose of ensuring uniform and correct use of the provisions of the law, based on article 22 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Draw the attention of courts that reconsideration of the case about administrative offense in appeal, cassation procedure is the important legal institution guaranteeing to participants of legal procedure the right to appeal of the court order of the first instance.

2. According to articles 324-1, 324-13 of the Code of the Republic of Uzbekistan about the administrative responsibility (further in the text - KOAO) the right to appeal (protest) of the court order of the first instance on the case of administrative offense belongs:

to person concerning whom the court order on the case of administrative offense, to his legal representative, the lawyer is issued;

to the victim, his legal representative, lawyer;

to the body which constituted the protocol on administrative offense;

to the prosecutor.

With respect thereto the copy of the court order of the first instance on the case of administrative offense within three days is handed or sent to person concerning whom it is taken out, and also to the victim at its request. To the prosecutor the copy of the resolution can be also issued or sent to the legal representative, the lawyer, the body which constituted the protocol on administrative offense at their request (article 311 KOAO).

3. According to the law appeal, the writ of appeal (protest) is addressed to courts of appeal, cassation instance, but shown or sent in the court which issued the decree on the case of administrative offense.

Acts as court of appeal, cassation instance:

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