of August 8, 2005 No. UP-3644
About transfer to courts of the right of issue of the sanction for detention
The major task of the reform of judicial system of law undertaken in Uzbekistan is ensuring effective protection of constitutional rights and human freedoms, first of all, of right of defense from unreasonable criminal prosecution and intervention in his private life, security of person, and also the rights to fair legal proceedings.
In recent years considerable work on law enforcement in activities of law enforcement agencies, to strengthening of the authority of judicial authority as most important guarantee of effective human rights protection, ensuring authentic independence of the courts, strengthening of their role in creation of the democratic constitutional state, strong civil society is carried out.
Specialization of courts in criminal, civil and economic cases is legislatively fixed that provided improvement of quality of hearing of cases, strengthened guarantees of protection of the rights and freedoms of citizens. The appeal procedure for hearing of cases which serves as important guarantee of timely correction of miscarriages of justice, non-admissions of red tape in legal proceedings is entered. The cassation instance is reformed: citizens had opportunity personally and directly to protect the rights in this instance in case of disagreement with the judgment which took legal effect. The legal mechanisms providing equal rights of protection and accusation in legal procedure, realization of the principle of their competitiveness are created.
Terms of preliminary inquiry are reduced by the law from two to one year, and content of persons accused under guards - from one and a half years to 9 months, and in exceptional cases - till 1 year. Scope of this measure of restraint is also limited.
The specified measures for liberalization of the legislation, law-enforcement practice provided increase in efficiency and quality of pre-judicial investigation, administration of law, expansion of procedural guarantees of observance of the rights of participants of legal procedure.
As the certificate of the liberalization of pre-judicial investigation happening in the country use of such measure of restraint as detention, only for the last 4 years was reduced more than twice.
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