The President of Uzbekistan signed a decree on improving judicial activity
7 August 2020, 16:54
Avesta.Tj | 07.08.2020 | President of Uzbekistan Shavkat Mirziyoyev signed a decree “On additional measures to further improve the activities of courts and increase the effectiveness of justice.”
According to the Embassy of Uzbekistan in Tajikistan, the decree provides for the following organizational and legal measures aimed at improving the judicial system and increasing the effectiveness of justice:
- Consolidation of civil, criminal and economic courts at the regional level, and on their basis the creation of courts of a single general jurisdiction, while maintaining the strict specialization of judges;
if today from 4 to 15 judges operate in each regional court, then from 19 to 47 judges will work in the new courts of general jurisdiction;
The small number of judges in regional courts led to the transfer of more than 20 thousand cases from one region to another, which caused great inconvenience for citizens.
- Creation of a system of effective administrative justice in the republic, taking into account advanced foreign experience and international standards. Wherein:
the powers to consider cases of administrative offenses will be transferred to the criminal courts;
district (city) administrative courts will be liquidated, and inter-district administrative courts will be created on their basis in the Republic of Karakalpakstan, regional centers and the city of Tashkent;
199 district (city) administrative courts will be optimized, and 14 inter-district administrative courts will be created in regional centers.
- Introduce the institution of preliminary hearing in criminal courts in order to further strengthen the guarantees of human rights when considering cases in court and the actual implementation of the principle of debate of the parties.
In 2019, 469 cases, after several months of consideration in court, were returned to the prosecutor to eliminate the shortcomings of the preliminary investigation. Now, in the process of considering the case in court, the judge will be able to resolve this issue within 7 days.
- The procedure for the participation of the prosecutor in the process of considering the case in court in accordance with the best international standards will be coordinated. Including, it is provided:
In case of refusal of the prosecutor from charges in the trial, on rehabilitation grounds, the closure of the criminal case;
Withdrawal of the case in court for study only if there is a request from the side of the prosecutor;
Restricting the participation of the prosecutor on his own initiative in the consideration of civil and economic cases.
- Introduce the principle of “one court – one instance” into the judicial system by abolishing unnecessary judicial instances. In particular:
the institution of reviewing court cases in a supervisory manner will be liquidated;
UN Special Lecturer D. Garcia-Saiyan, experts from the Organization for Economic Development and Cooperation, and other international experts have seriously criticized the existence of a control instance.
The practice of considering cases in two instances of one court (first, appeal or cassation instance) will be eliminated.
In 2019, about 13 thousand cases considered in the first and appeal (cassation) instance of the same regional court were changed or canceled in the Supreme Court.
- Creation of a separate composition for the consideration of investment structures and competition cases in the structure of the Supreme Court.
In 2019, the economic courts considered more than 30 thousand competition cases and about 3 thousand cases involving foreign investors.
- Material support for judges and employees of the judicial system will be fully transferred to the State budget from January 1, 2021, and their salaries will increase.
- Based on the number of the population of the corresponding region (city) and the actual volume of work of the courts:
4 regional economic courts will be liquidated:
Amudarya, Nurabad, Baysun and Pastdargomsky.
5 district civil courts will be created:
Yangiyulsky, Urgutsky, Sokhsky, Khatyrchinsky and Pakhtakorsky.
4 district criminal courts will be created:
Buzatovsky, Takhiatashsky, Bandykhansky and Tuprokkalinsky.
The decree will serve to eliminate unnecessary bureaucratic obstacles in ensuring judicial protection, abolishing repeating instances of revising court decisions, ensuring reliable judicial protection of investors’ rights, as well as coordinating the current structure of the judiciary with the requirements of the time and international standards.