Tashkent, Uzbekistan (UzDaily.com) -- At the tenth plenary meeting of the Senate, five laws on amendments and additions to the codes on administrative responsibility, administrative proceedings, Criminal Procedure, Economic Procedure and Civil Procedure Codes of the Republic of Uzbekistan were discussed in connection with the improvement of the institution of judicial review decisions to fully ensure human rights, which is the basis for the reform of the judicial and legal system.
Among them are the laws of the Republic of Uzbekistan "On amendments and additions to the Code of the Republic of Uzbekistan on administrative responsibility in connection with the improvement of the procedural procedure for reviewing court decisions in cases of administrative offenses", "On amendments and additions to the Code of the Republic of Uzbekistan on administrative proceedings in connection with improvement of the institute for the revision of judicial decisions", "On amendments and additions to the Criminal Procedure Code of the Republic of Uzbekistan in connection with the improvement of the institute for the revision of judicial decisions in criminal cases", "On amendments and additions to the Economic Procedure Code of the Republic of Uzbekistan in connection with the improvement of the institution revision of court decisions", "On amendments and additions to the Civil Procedure Code of the Republic of Uzbekistan in connection with the improvement of the institution of revision of court decisions."
The senators noted that the Decree of the President of the Republic of Uzbekistan "On additional measures to further improve the activities of the courts and increase the efficiency of justice" from 24 July 2020 created a legal basis for the start of a new stage of judicial and legal reforms.
These laws, developed to ensure the implementation of this decree, envisage the improvement of the procedure for reviewing the legality, validity and fairness of court decisions based on best foreign experience, reforming the appellate and cassation instances in order to empower citizens to achieve justice.
At the same time, the current system of the supervisory instance not only leads to violation of the rights of citizens, whose court cases have not been resolved for years, but also does not comply with international practice.
Thus, the possibility of repeated revision of court decisions that have entered into legal force creates conditions for the parties concerned to be doomed to suffer for several years due to the state of uncertainty in the court case, which ultimately undermines the reputation of the judicial system, forms a negative attitude of citizens and the public towards the courts. and is also the reason for the emergence of distrust in the legal system.
The promotion of the principle of the head of state "one court - one instance" stipulates the solution of the problems that have accumulated over the years in the system of revising court decisions, and laid the foundation for a fundamental revision of this system. According to this principle, a three-tier judicial system will be created in accordance with international standards: the first instance is the district (city) courts, and in certain categories of complex cases - the regional courts, the appeal instance - the regional courts, the cassation instance - the Supreme Court. Also, the supervisory authority, which becomes the reason for the objection of international organizations and experts, will be completely abolished.
In turn, in order to avoid confusion and in order to create convenience for citizens, in accordance with the changes, on the basis of regional courts and equivalent courts for civil cases, courts for criminal cases and economic courts, courts of general jurisdiction are created in the Republic of Karakalpakstan, regions and the city of Tashkent, while the strict specialization of judges will remain and separate judicial collegia will be formed for the types of proceedings.
The authority to consider cases of administrative offenses is transferred from the administrative courts to the criminal courts.
In the Republic of Karakalpakstan, regional centers and the city of Tashkent, inter-district administrative courts are created, specializing in the consideration of cases arising from administrative and other public legal relations. In this regard, the district (city) administrative courts are abolished. At the same time, the administrative courts of the Republic of Karakalpakstan, regions and the city of Tashkent remain.
The senators also dwelled on the question - what results will the implementation of these laws bring to life?
It was noted that the practice of considering complaints filed by the regional court for court cases considered in the first instance, by the same court as a higher instance, is being canceled. As a result, corruption factors in this process will be eliminated, and the effectiveness of the institution of appeal will increase.
In addition, after the mid-level courts are specialized mainly as courts of appeal, and their responsibility is increased, all attention will be focused on the quality of court decisions, as well as mistakes and shortcomings made by the courts of first instance will be promptly eliminated. This will create an opportunity for the timely restoration of violated rights of citizens and legal entities and further improvement of the quality of justice.
In turn, as a result of the abolition of the institution of reviewing judicial cases in a supervisory manner and the establishment of the cassation instance as a third instance court, the legality, validity and fairness of court decisions will be considered directly on the basis of the complaint of the dissenting party, the number of duplicating instances for reviewing cases in courts in a supervisory manner.
This contributes to the implementation of the requirements of international standards on the revision of court decisions into procedural legislation, and will serve to increase the prestige of our country in international rankings for such indicators as the independence of the courts, the rule of law and the effectiveness of justice.
The laws were approved by senators and the responsible bodies were instructed to develop and implement the necessary mechanisms for their widespread propaganda and full functioning.