Tashkent, Uzbekistan (UzDaily.uz) — Uzbekistan’s Legislative Chamber of the Oliy Majlis is considering a bill in its first reading to approve the Code of Administrative Court Proceedings.
The draft law proposes simplifying access to administrative courts, strengthening judicial protection for citizens and businesses, and expanding the powers of the courts.
One of the key proposals concerns the submission of claims. Under the bill, courts would no longer return applications because of formal deficiencies. Instead, they would be required to help applicants correct shortcomings and formulate their claims properly.
If an application is mistakenly submitted to a court at the wrong territorial level, it would be forwarded to the competent court rather than returned to the applicant. The mechanism is intended to operate on a “one-stop shop” principle.
The bill also proposes expanding the presumption in favour of citizens and businesses. State bodies would be required to prove the legality and validity of their decisions, as well as demonstrate that fines and other measures imposed are proportionate to the offences committed.
When reviewing a case, courts would be able to assess not only whether a decision formally complies with legislation but also whether the measure chosen serves the purposes established by law and is sufficient to achieve them.
To restore violated rights more quickly, the bill proposes introducing four types of claims and setting deadlines for filing them. In addition, if a decision by an administrative body affects the rights of a group of people, a collective claim could be filed by 20 or more individuals.
The Chamber of Commerce and Industry is proposed to be granted the right to appeal court decisions directly to a higher court on behalf of businesses, even if it did not participate in the proceedings before the court of first instance.
Other provisions concern anti-corruption measures and the enforcement of court decisions. If a court identifies signs of corruption in the actions of officials, it would be required to refer the relevant materials to the authorised bodies. If a court decision remains unenforced for a second time after an official has been fined, the court would be able to notify the prosecutor to consider initiating criminal proceedings.
The bill also proposes expanding the powers of administrative courts by allowing citizens and businesses to challenge regulatory legal acts adopted by regional and district governors, known as hokims. Under the draft, such complaints would be considered by a panel of judges at regional-level courts, with a prosecutor participating in the proceedings.
According to lawmakers, the proposed changes are intended to reduce bureaucracy and procedural delays, improve the effectiveness of judicial protection, and strengthen the rule of law in the activities of state bodies.
The Legislative Chamber has passed the bill in its first reading. The document must complete the remaining stages of the legislative process before its provisions can enter into force.
