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

of August 22, 1997 No. 12

About observance of the procedural legislation by courts in case of trial of criminal cases under the first instance

In the conditions of formation in Uzbekistan of the democratic constitutional state the most strict respecting the rule of law and the rights of citizens, removal of reasonable and fair sentences with observance of all regulations of the procedural legislation is of particular importance.

The majority of cases by courts of the republic are considered in strict accordance with the procedural law, however still the massive faults which are negatively influencing quality of permission of cases are not obsolete.

The principle of competitiveness, the rights of participants of legal procedure guaranteed by the law is quite often broken. In preparatory stage of process the information about the identity of the defendant, circumstances excluding possibility of proceeedings is not always properly researched. There are facts of unreasonable refusal in satisfaction of petitions of participants of process. Also the procedure for consideration of petitions is broken. Often protocols of judicial session do not conform to qualifying standards.

For the purpose of elimination of noted violations, observance of the procedural legislation in case of legal proceedings of criminal cases the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Draw the attention of courts to need of strict observance of the procedural legislation in case of legal proceedings of criminal cases, meaning that only exact and its steady accomplishment provides comprehensive, complete and objective investigation of the facts of the case, identification of the reasons and conditions promoting making of crimes and educational impact of legal procedure.

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