Международная студенческая конференция
«Современные подходы к доказательствам
в уголовном судопроизводстве»
20
HARMONIZATION OF CRIMINAL PROCEDURE LEGISLATION OF
UZBEKISTAN WITH INTERNATIONAL NORMS
Shavkat Botirovich Omonov
3rd-year student of the Faculty of International Law and Comparative Legislation
at the Tashkent State University of Law under the Ministry of Justice of the
Republic of Uzbekistan
Annotation.
This article is dedicated to the pressing issue of harmonizing the
criminal procedure legislation of Uzbekistan with international norms. The author
analyzes the significance of aligning the country's criminal procedure laws with
international standards and explores the impact of this process on justice and the
judicial system of Uzbekistan. The article also examines the opinions of prominent
scholars in the field of criminal law and procedure, cautioning against potential
problems and challenges associated with legislative harmonization. In conclusion, a
bibliography is presented, including works by recognized authorities in this field.
Key words:
Legislation harmonization, international norms, Uzbekistan,
criminal procedure law, scholars' opinions, challenges and prospects, comparative
analysis, international conference, democratization of legal practices.
Introduction
The modern world is characterized by increasingly sophisticated and
interconnected relationships between states. In this context, the harmonization
of Uzbekistan's criminal procedure legislation with international norms is a key
aspect of ensuring justice, law and order, and the protection of human rights. This
article aims to analyze the importance of this process and its impact on
Uzbekistan's legal system.
Legislation Harmonization: Definition and Significance
Legislation harmonization is the process of aligning national laws with
international legal standards. In the context of criminal procedure, this entails
adapting the procedures and norms of Uzbekistan's criminal law to align with
international conventions and agreements. These international standards seek to
ensure fairness, transparency, and the protection of the rights of both the accused
and the victims.
Opinions of Scholars and Experts
Prominent scholars, such as G. Yusupdjanova and F. Fazilov, have expressed
their opinions regarding the harmonization of Uzbekistan's criminal procedure
legislation. They emphasize that this process contributes not only to
strengthening international cooperation but also to enriching the country's
internal legal system, making it more open and just.
Международная студенческая конференция
«Современные подходы к доказательствам
в уголовном судопроизводстве»
21
Challenges and Prospects
However, the harmonization of criminal procedure legislation poses certain
challenges. Primarily, these challenges are associated with the need to amend
existing laws, which may face resistance from traditional structures. Additionally,
translating norms from international documents into the national language
requires careful analysis and interpretation to avoid ambiguity and uncertainty.
Comparative Analysis, Including the Experience of Developed Countries
A comparative analysis of the harmonization of criminal procedure
legislation in Uzbekistan with the experiences of developed countries such as the
United States, Germany, the United Kingdom, Sweden, Japan, Canada, France, and
Australia allows us to identify key similarities and differences in approaches to
this issue.
In the United States, for example, criminal procedure legislation undergoes
constant changes in accordance with Supreme Court precedents, ensuring the
active incorporation of international norms into the national legal system.
Germany and France, as members of the European Union, actively adapt their
criminal procedural norms to the standards of the European Court of Human
Rights, contributing to the unification of legislation within the European Union.
In the United Kingdom, Scandinavian countries, and Japan, the focus is on
protecting human rights and ensuring a fair judicial process. The experiences of
Canada and Australia emphasize the importance of dialogue between legislation
and society, allowing the adaptation of criminal procedural norms to changing
socio-cultural conditions.
By comparing Uzbekistan's experience with those of the aforementioned
countries, successful approaches can be identified, and best practices in
harmonizing criminal procedure legislation can be determined. This will enable
Uzbekistan not only to effectively incorporate international norms but also to
ensure justice and the protection of citizen rights at a high level, aligning with
global standards of justice.
Democratization of Legislation and Legal Practices in Criminal and
Criminal Procedure Spheres: Uzbekistan's Experience
On October 17-18, 2018, an international conference titled
'Democratization of Legislation and Legal Practices in Criminal and Criminal
Procedure Spheres: Uzbekistan's Experience' took place in Tashkent. The event
was organized by the Supreme Court of the Republic of Uzbekistan in
collaboration with the United Nations Development Programme, the OSCE Project
Coordinator's Office, the UN Office on Drugs and Crime, UNICEF, the United States
Agency for International Development, the Friedrich Ebert Foundation
(Germany), and the Regional Dialogue NGO (Slovenia).
Conference participants, including members of the Senate of the Oliy Majlis,
representatives from the General Prosecutor's Office, Ministry of Internal Affairs,
Chamber of Lawyers of Uzbekistan, Center for Development Strategy, Higher
Международная студенческая конференция
«Современные подходы к доказательствам
в уголовном судопроизводстве»
22
Judicial Council, judges, teachers, and students of Tashkent State Juridical
University, along with international experts from Austria, Germany, the United
States, Slovenia, Poland, Switzerland, Russia, Kazakhstan, Kyrgyzstan, and
Tajikistan, discussed the key directions of Uzbekistan's state policy in reforming
the judicial-legal system. The focus was on ensuring the independence of the
judiciary, protecting the rights and freedoms of citizens, and enhancing the
accessibility of justice.
The conference noted that significant changes had occurred in Uzbekistan's
criminal and criminal procedure legislation in recent years, taking into account
international standards. Innovative approaches, such as the 'Habeas Corpus'
system, simplified procedures for criminal cases, and the active use of interactive
services on the Supreme Court's website, have been implemented. Special
attention was given to the transparency and openness of court proceedings,
including the real-time broadcast of court sessions.
Relevance to the Topic of "Harmonization of Criminal Procedure
Legislation of Uzbekistan with International Norms"
Uzbekistan's experience in democratizing legislation and legal practices in
the criminal and criminal procedure spheres is directly related to the topic of
harmonizing criminal procedure legislation with international norms. The
country actively incorporates global standards into its legal system, aiming to
provide reliable protection of citizens' rights and freedoms in line with the
requirements of the global community. These steps are directed towards
standardizing criminal legislation, improving the criminal responsibility and
punishment system, and ensuring an effective and fair criminal process.
The conference emphasized the importance and relevance of harmonizing
Uzbekistan's criminal procedure legislation with international norms, supporting
the country's long-term efforts to ensure justice and protect human rights in
judicial processes.
Conclusion
In conclusion, it is highlighted that the harmonization of Uzbekistan's
criminal procedure legislation with international norms is an integral component
of the pursuit of justice, law and order, and the protection of human rights in
judicial processes. Uzbekistan's experience in democratizing legislation and legal
practices underscores the importance of actively integrating global standards into
the national legal system. The harmonization process is complex but necessary,
contributing to strengthening international cooperation and enriching the
country's internal legal system. By drawing on the experiences of developed
countries, Uzbekistan can successfully adapt best practices, ensuring justice,
protecting citizens' rights, and aligning with global standards of justice.
References:
1.
Avdeeva, M. V. (2012). "Features of Implementing International Criminal
Legal Norms in Russian Legislation."
Международная студенческая конференция
«Современные подходы к доказательствам
в уголовном судопроизводстве»
23
2.
Criminal Code of the Republic of Uzbekistan, 1994.
3.
Criminal Procedure Code of the Republic of Uzbekistan, 1995.
4.
Gigineishvili, M. T. (2017). International Custom as a Source of
International Criminal Law. Society: Politics, Economics, Law.
5.
Rome Statute of the International Criminal Court, 1998.
6.
Rozentzvaig, A. I. (2020). International Criminal Law: Textbook. Samara:
Samara University Publishing.
7.
Statute of the International Tribunal for Rwanda, 1994.
8.
Vazhenina, I. V. (2017). "Ensuring Human Rights in the United Kingdom
in Light of the Requirements of the Convention for the Protection of Human Rights
and Fundamental Freedoms: History and Modernity."
9.
Собиров, Ш. Т. "ПРОБЛЕМА ПРАВОВОГО РЕГУЛИРОВАНИЯ
ИНСТИТУТА
ЭКСПЕРТА
В
УГОЛОВНО
-
ПРОЦЕССУАЛЬНОМ
ЗАКОНОДАТЕЛЬСТВЕ
РЕСПУБЛИКИ
УЗБЕКИСТАН."
ВЕСТНИК
МАГИСТРАТУРЫ
4 (2017): 66.
