On the way to improve the judicial system
On the eve of the
celebration of the 24th Anniversary of the state independence of the
Republic of Uzbekistan, summing up the past stage of the reforms and
transformations, I would like to embrace glance at the
accomplishments and achievements in various spheres of state and
As you know, one of
the most important factors in the prosperity and progress of the
country is the well-being of its citizens, which is inextricably
linked with safeguards to protect their rights and interests,
providing by a strong and fair judicial system.
A series of reforms
has been carried out in Uzbekistan over the years of its sovereign
development aimed at improving the judicial system, turning it into
the main guarantee of the effective protection of human rights and
ensuring a genuine independence of the judiciary. Concrete measures
have been adopted and implemented in this direction.
In particular, in
order to improve the quality of case consideration, the
specialization of the courts on criminal, civil and commercial
matters is fixed in accordance with the Law “On Ñourts”, as well as
appeal order of case consideration is introduced.
Since January 1,
2008 in the country the institution of “Habeas Ñorpus” has been
introduced. It expanded the powers of the courts, transferring them
the right to issue sanctions for arrest from the prosecutors.
In this turn, the
formation of the Research Center for democratization and
liberalization of judicial legislation and ensuring the independence
of the judiciary system under the Supreme Court is contributed to
the further consolidation of one of the basic principles of the
“Uzbek model” of development of the state and society – the rule of
law. The main functions and tasks of the Centre are the development
of measures to further liberalizing of the law and legal
proceedings, preparation of proposals for further improvement of the
justice system, raising the profile and strengthening the
independence of the judiciary, elimination the facts of meddling in
the court activity, prevention illegitimate court decisions.
One of the most
important activities of the Centre has become the elaboration and
carring out the programs thorough study and implementation of the
universal principles and norms of international judicial law into
the national legislation, expand the cooperation with international
and foreign organizations in the sphere of justice.
Adoption of decrees
of the President of the Republic of Uzbekistan “On measures to
radically improve of social protection of the judicial system
employees” of August 2, 2012 and “On the organizational measures for
further improvement of the activity of the courts” of November 30,
2012 was an important step in strengthening the authority of the
judiciary and the establishment of the effective system of the
selection and appointment of judiciary employees, which based on
modern democratic principles.
Adoption of the
Order of the President of the Republic of Uzbekistan “On Improving
the Activities of the Supreme Qualification Commission under the
President of the Republic of Uzbekistan for the Selection and
Recommendation for the Positions of Judges” of December 29, 2012,
which approved a new Regulation on this Commission, has contributed
to the adoption of urgent measures for radical improvement and
further development of the system, organizational-legal mechanisms
of selection, training nominees for the positions of judges, and for
providing the genuine independence of the judiciary.
In addition, some
changes has been accepted in the criminal procedure legislation,
envisioning to exclude courts from the right to initiate criminal
proceedings and to announce an indictment on them, which helped to
ensure the objectivity, impartiality, strengthening the adversarial
principle in criminal proceedings.
In order to improve
the efficiency of computerization and use of computer technology, to
create the information systems and resources in the courts the
Cabinet of Ministers has adopted the Resolution ¹ 346 “On Measures
of Implementation into the Activities of Courts of Modern
Information and Communication Technologies” of December 10, 2012.
This step has facilitated the introduction of e-justice in the
country, which is successfully applied in many countries.
So, the citizens
have been granted the opportunity to send claims to the economic
courts in electronic form. Furthermore, use of video conference in
the activities of the economic courts between judges allows to
accept the visitor via video conference, to oversee the trial
processes and to accept the citizens by the head of economic courts.
This, ultimately, allow to more effectively carry out the function
of supervision over judicial activities, envisioned in Article 43 of
the Law of the Republic of Uzbekistan “On Courts” of December 14,
“On measures to improve and enhance the effectiveness of the
district and municipal courts of general jurisdiction” of
October 4, 2013 had a great importance to further improve and
enhance the efficiency of the general jurisdiction courts, the
implementation of measures to restore proper order and optimize
workload in the courts. The document envisages an increase in the
number of judges of the courts in civil cases, the redistribution of
the number of regional and equivalent courts, as well as changes to
the structure of the Supreme Court.
large-scale work has been done in the field of liberalization of
criminal and criminal procedural law.
most important step in this direction was the abolition of the death
penalty from January 1, 2008. In addition, the capital punishment -
“life imprisonment” applies only in regard to 2 types of crimes -
for terrorism and premeditated murder under aggravating
circumstances, for which can be applied also alternative, less
result of further liberalization the list of serious crimes - grave
and especially grave crimes moved to the category of crimes that do
not pose great danger to society and less serious was reduced. It
was introduced alternative sentences for crimes not related to
deprivation of liberty. Economic sanctions in the form of fines,
instead of imprisonment have been expanded the possibilities on
criminal cases in economic sphere. Punishment in form of
confiscation of property, that contradicts the principles of
humanism, is excluded from the system of penalties for criminal
addition, thanks to judicial-legal reform the institute of
conciliation was introduced. It reflects the uniqueness of the
mentality of our people and embodies such true folk traits and
tradition as big-hearted and leniency, support of those who has
stumbled. Today in our country there is an opportunity to use the
institute of conciliation on 60 components of crime.
rules of non-punishment of imprisonment under circumstances of
compensation introduced to the Criminal Code also yield their
positive results. After the liberalization of criminal penalties in
regard to more than 26 thousand people who compensated damage, the
sentences that no custodial have been applied.
Adopted on July 11, 2007 the Law “On amendments and additions to
some legislative acts of Uzbekistan in connection with the transfer
to courts the right to issue sanctions for arrest” with the
procedural side secured a new mechanism for the order of application
by courts of the amnesty at the stages of pre-trial and execution of
criminal punishment. However, the Law “On amendments and additions
to some legislative acts of Uzbekistan in connection with
improvement of the order of application of the amnesty act”, which
entered into force on December 23, 2008, was a logical continuation
of the phased transfer of the vessels work for the protection of
constitutional rights and interests of citizens which is carried out
under the leadership of the President of the State.
connection with the introduction of court procedure on the
termination of the criminal case on the basis of an amnesty the
order of the decision to transfer the case to the court for
conciliation or to discontinue criminal proceedings under the act
amnesty has been included in the number of species the preliminary
investigation referred to in Article 372 of the Criminal Procedure
Another important point, - in accordance with the above-mentioned
law, is that the Criminal Procedure Code was amended by Chapter 63
“Application of an amnesty on Pre-trial stage”, which consists of
five articles, including a completely new procedures. Thus, the
application of the amnesty act transferred in the powers of the
objective body - the court.
December 29, 2012 the Law providing for rules aimed at further
strengthening the legal protection of businesses and liberalization
of categorized signs of criminal offenses was adopted. In
particular, the terms of removing a previous conviction for certain
categories of crimes were reduced. Such categorized signs of the
criminal offences as size of the economic damage were increased. In
addition, the implementation of a mechanism, according to which
criminal proceedings for certain categories of crimes committed by
employees in respect of the legal entity that does not have the
state share in the authorized capital, instituted only at the
request of the head, the owner or the authorized body of such legal
Introduction to the Code of Criminal Procedure as a preventive
measure of house arrest was a logical continuation of reforms to
liberalize the criminal law. It was established that house arrest is
applied to persons whose detention is not appropriate to the
circumstances of the case (positive characteristic of the person's
age, marital status, etc.). This measure contributes to effective
suppression of unlawful acts of the accused during the investigation
without isolation in a closed institution, as well as their
protection from the negative influence of criminal elements in
places of detention.
It has a
positive impact on the socio-political and criminal situation in the
country the profound changes in the criminal-law practice.
important measure is a radical reform of the institute of
criminal records. In connection with the removal of criminal
records are canceled all its legal consequences, thus, created
opportunities for protecting the rights and interests of persons who
have served sentences for their involvement in entrepreneurial
and significance of our achievements in the field of human rights
and interests through legal reforms are great. In this regard, it is
important to note that from the first years of independence an
announcement about act of amnesty has been introduced.
accordance with Articles 80 and 93 of the Constitution of the
Republic of Uzbekistan, the act about amnesty is adopted each year
on the basis of which, together with exemption from punishment,
releasing of prisoners and returning of them to their families is
also carried out health promotion amnestied persons, improve the
living conditions and employment.
be noted that during the years of independent development in
Uzbekistan an amnesty has been declared 25 times.
important priority in the further implementation of judicial-legal
reforms aimed on comprehensive ensure of effective protection of the
rights and freedoms of the individual is the strengthening the
institute of advocacy.
to further reform of the institution, which defines the main
directions of its further reform on May 1, 2008 a Decree of the
President of the Republic of Uzbekistan was adopted. As one of the
institutions of civil society the Chamber of Advocates of the
Republic of Uzbekistan that uniting all lawyers of the country was
legislative framework regulating the activities of lawyers was
significantly strengthened. In particular, a number of laws aimed at
the improvement of the institution of advocacy and improve the
quality of legal assistance to citizens were adopted.
integral part of the administration of justice is the
unconditional implementation of court decisions.
years in Uzbekistan a number of measures to improve the efficiency
of enforcement implementation of judgments has been realized, the
system of the Department for Execution of Court Decisions, of
logistical and financial provision of the courts under the Ministry
of Justice of the Republic of Uzbekistan has been significantly
transformed. Regulatory framework in the field of judicial
acts and acts of other bodies, toughened the responsibility for
non-fulfillment of court decisions and impediment of their execution
Has been improved.
“On execution of judicial acts and acts of other bodies” legally
established the system of execution of decisions of courts and other
bodies, determined the order and characteristics of the process,
secured the status of the judicial executor, as well as the legal
guarantees of its activities.
January 14, 2009 the Law “On amendments and additions to some
legislative acts of Uzbekistan in connection with improvement of the
enforcement proceedings” was adopted. It provides for the
strengthening of measures in the sphere of responsibility of
execution of court decisions, the establishment of an effective
system of prevention, detection and suppression of crime, the
strengthening of the organizational and legal framework for the
Judicial Department and enhancement the status of judicial
logical continuation of reform of the judicial system is the
realization of a number of legislative initiatives within the
framework put forward by the Head of State the Concept of further
deepening the democratic reforms and establishing the civil society
in the country.
order to strengthen judicial control during the inquiry and
preliminary investigation, expanding the scope of the institute of
"habeas corpus" in criminal proceedings the relevant law of the
Republic of Uzbekistan was adopted on September 18, 2012.
December 25, 2012 the Law “On operative-search activity”, by
which enshrined the concept of the basic objectives and principles,
bases, forms and methods of operational-search activity, defined
bodies implementing it with the delineation of their powers, rights
and duties established types of search operations and the order of
their conduct was adopted. The law also fixed the social and legal
protection of workers of bodies carrying out operational
investigative activities, and persons assisting in its
implementation, as well as their families.
14, 2014 a law providing for the further strengthening of legal
protection of business entities in several areas has been passed.
According to the Law was made amendments to the Economic Procedural
Code, that input the norms about that the cases on disputes
involving citizens who have lost the status of an individual
entrepreneur belong to jurisdiction of the Economic court. This law
also secured amendments to the Law "On state control of economic
entities", provides for the suspension of execution of the appealed
act or decision of making a complaint to the court, except in
special cases, pending the entry into force of the court.
of the Concept of further deepening democratic reforms and formation
of civil society in the country has been also adopted the Code of
the Republic of Uzbekistan on Administrative Responsibility in
the new edition instead of the current dated 1994. The new Code
provides for the transfer of certain offenses from criminal to
administrative jurisdiction and measures to improve and
democratization of procedural mechanisms to deal with cases of
implementation of the objectives of the Concept, will strengthen the
guarantees of judicial protection of the rights, freedoms and
legitimate interests of citizens. In general, the successful reform
of all areas of the judicial-legal sphere will be not only the
result but also the key to democratization and liberalization of
society and the state. It actually helped to ensure further progress
of the state of the chosen path “from strong state to strong civil