Volume 03 Issue 01-2023
16
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
01
Pages:
16-20
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In this article, the shortcomings observed in the practice of inquiry, investigation and judicial bodies in the restoration
of the violated rights of rehabilitated persons, the fact that the subsequent actions of rehabilitated citizens are not
clearly and clearly defined by the law, which causes them to be confused, to further improve the legal basis for the
restoration of the violated rights of rehabilitated persons. suggestions and conclusions are given.
KEYWORDS
Rehabilitation, reinstatement, decision, military serviceman, judicial practice.
INTRODUCTION
The main goal of the reforms carried out in the judicial
sphere of our country in recent years is to create a
single system that can reliably protect the rights,
freedoms and legal interests of citizens while
increasing the quality of hearing cases in courts. After
all, as the head of our state said, "Every person who
steps on the threshold of the court should be fully
convinced that justice reigns in Uzbekistan."
Otherwise, as the great German philosopher Immanuel
Kant said, "When justice is gone, nothing else is left to
determine the value of life." We must never forget this
fact. "Judges should be tireless defenders of laws,
strong pillars of justice." [1. - B. 106]
Today, the courts are carrying out significant work
aimed at restoring the violated rights of citizens and
Research Article
ISSUES OF RECOVERY OF REHABILITATED PERSONS
Submission Date:
January 08, 2023,
Accepted Date:
January 13, 2023,
Published Date:
January 18, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue01-04
Khojaev Yunushoja Mustafohoja
Under The Supreme Council Of Judges Of The Republic Of Uzbekistan Independent Student Of The Higher
School Of Judges, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 01-2023
17
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
01
Pages:
16-20
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
realizing their legal interests. The head of our state is in
this regard
"... it is necessary to firmly strengthen the confidence
of our people in the judicial system, to literally turn the
court into a fortress of justice" [2. - B.457] defined
specific tasks for the courts.
We can see that citizens' trust in the courts is
increasing year by year, as they seek to protect their
rights through the courts. "In 2018, 89,469, 88,535 in
2019, and 64,365 in 2020 were submitted to the
General Prosecutor's Office in connection with
violations of labor legislation by employees and
employers." [3.
–
B.4]
Based on the statistics of the Supreme Court of the
Republic of Uzbekistan, it is related to only one
reinstatement by the courts of our republic
In 2020, 2,385 cases were processed, in 2021, 3,221, and
in 2022
668 cases were considered and resolved in the 1st
quarter. These numbers show that the number of jobs
in this category is increasing year by year. Among the
disputes regarding rehabilitation, rehabilitation of
rehabilitated persons has a special place. However, the
absence of a unified approach in the practice of
rehabilitating rehabilitated persons, as well as in the
judicial practice, in some cases, causes the
dissatisfaction of our citizens and the guarantee of
reliable protection of their rights and freedoms in this
regard.
It is known that the guarantee of protection of the
labor rights of citizens through the court is determined
by the regulation of these relations on the one hand,
and on the other hand by the real possibility of realizing
such rights.
Today, we cannot say that the practice aimed at
ensuring the labor rights of our citizens, especially the
rights related to the rehabilitation of rehabilitated
persons, does not always fully ensure such rights. The
variety of practices and approaches in this regard is
surprising. Restoring the rights of a rehabilitated
person is carried out on the basis of a court decision,
an investigator's or a prosecutor's decision, according
to Articles 304-310 of the Criminal Procedure Code of
the Republic of Uzbekistan [4].
Therefore, according to the content of the above
articles, the court that issued the relevant verdict on
the rehabilitation of the person will have to restore the
rights of the rehabilitated person. Therefore,
according to Article 311 of the Criminal Procedure Code,
along with the rights of the rehabilitated person, it is
confirmed that if his demand for the restoration of his
labor rights is not satisfied, or if he is dissatisfied with
the decision made, he has the right to appeal to the
court in the procedure of litigation.
However, in this legal norm, it is not clearly defined
that the rehabilitated person has the right to appeal to
the court in the procedure of litigation in cases where
the demand of the rehabilitated person is not satisfied
by which state div or official. In this regard, the law
does not show the "right way" to the rehabilitated
person.
At this point, we can witness the diversity of
approaches in judicial practice regarding the
rehabilitation of rehabilitated persons, especially
military servicemen and employees. The judicial
practice in this regard is based on the current laws,
statutory documents, the letter of the Supreme Court
of the Republic of Uzbekistan No. 11-9-10 sent to all
courts on February 4, 2019 and "Reinstatement, salary,
material related to rehabilitation during 2019 and 9
Volume 03 Issue 01-2023
18
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
01
Pages:
16-20
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
months of 2020 and on the results of the generalization
of court practice in civil cases on the recovery of moral
damages" was formed based on the decision of the
Board No. RS-54-20.
2019 by the Supreme Court of the Republic of
Uzbekistan
In the letter No. 11-9-10, sent on February 4, it was
stated that different practices have been formed
regarding which court belongs to the disputes arising
from the labor relations of former military personnel,
employees of the Internal Affairs, Customs Committee,
and other state bodies, which, in turn, leads to citizens
wandering in the courts. that leads to wandering and
undermines their confidence in justice, in order to put
an end to this situation and to form a uniform practice:
- to the courts of civil cases regarding disputes arising
from labor relations of employees of the Ministry of
Internal Affairs of the Republic of Uzbekistan, the
Customs Committee and other state bodies;
- relevant explanations are given that military
servicemen's or ex-servicemen's disputes related to
labor and other legal relations are subject to military
courts.
However, we cannot say that this letter also provided
a unified view of judicial practice in this regard.
In the decision of the Supreme Court of the Republic of
Uzbekistan No. RS-54-20 "On the results of
summarizing the judicial practice in civil cases related
to rehabilitation, wages, recovery of material and
moral damages during 9 months of 2019 and 2020" ...
The results of the generalization conducted by the
republican courts on civil cases regarding the practice
of resolving disputes related to rehabilitation related
to work reinstatement indicate that the unified judicial
practice in this regard is mostly correct, the restoration
of the rights of the rehabilitated person and
compensation for property damage are provided for in
Articles 304-313 of the Criminal Procedure Code.
although it is noted that rehabilitation should be
carried out on the basis of the ruling or decision of the
court, prosecutor or investigator who issued a decision
on rehabilitation, but the cases are mainly considered
and resolved in civil courts.
Also, the Labor Code of the Republic of Uzbekistan
In cases where the employment contract was illegally
terminated or the employee was illegally transferred to
another job in Article 111 [5], he must be reinstated to
his previous job by the employer himself, the court or
another competent div. are applying to the courts.
However, we can see that in some cases civil courts
decide cases of this category based on the norms of
the Labor Code of the Republic of Uzbekistan, and in
other cases they decide them based on the norms of
the Criminal Procedure Code of the Republic of
Uzbekistan.
At the same time, in the current judicial practice, Article
312 of the Criminal Procedure Code is not applied in all
cases regarding the demands for restoration of labor
rights of rehabilitated persons.
For example, citizen S. In connection with his acquittal
in the criminal case against him, he applied to the State
Customs Committee system, applying Articles 304-312
of the Civil Code, to reinstate him to his previous job
and to count the days of non-work by adding them to
his seniority. The plaintiff's claim was satisfied by the
decision of the court of first instance dated 13.08.2020
and the decision of the court of appeal dated
06.10.2020.
Volume 03 Issue 01-2023
19
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
01
Pages:
16-20
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The civil case was heard in the Supreme Court on
05.02.2021 in the cassation procedure, and the trial
panel made a new decision to reject the claim.
Based on the protest of the Deputy Prosecutor
General, who stated his objections to this decision, the
case was reviewed again in the cassation procedure on
26.04.2021, but the decision of the Supreme Court
remained in force.
Later, with the ruling of 08.20.2021, the ruling of
02.05.2021 was canceled based on the newly
discovered circumstances, and on 08.27.2021, based on
the result of hearing the case, a ruling was adopted to
leave the decisions of the lower courts on the
satisfaction of the claim unchanged.
In this case, if the Supreme Court initially assessed the
plaintiff's reinstatement as incorrect based on Articles
304-312 of the Criminal Procedure Code, then later
came to the conclusion that this conclusion was
incorrect, and due to his rehabilitation, he should be
reinstated to his previous job and may demand
reinstatement. upheld the decisions of the lower
courts, taking into account that the one-year claim
period had not expired.
Also, a claim with a decision made on 29.06.2020 within
the framework of the civil case filed by the plaintiff K.
regarding the claim against the defendant K.'s General
Department of Internal Affairs of the city of Tashkent
and the Ministry of Internal Affairs of the Republic of
Uzbekistan regarding the illegality of the order,
reinstatement and recovery of wages rejected.
The decision of the court of first instance in this civil
case was left unchanged based on the decision of the
appellate court on 18.08.2020.
Supreme Court of the Judicial Panel on Civil Cases
The decisions of the courts of both instances were left
unchanged by the ruling dated 20.05.2021.
Supreme Court of the Judicial Panel on Civil Cases
According to the ruling of 24.08.2021, the rulings of the
above-mentioned High Court judicial panel and the
court of appeal of the Tashkent city court were
canceled and the case was sent to the court of this
instance for a new trial.
In accordance with the decision issued on 16.11.2021 by
the civil trial panel of the Tashkent city court, the
decision of the court of first instance was canceled and
a new decision was made to satisfy the claim in the
case.
Many such examples can be cited. But in any case, the
courts should reach a unified approach on which legal
acts to apply in solving such type of disputes.
In our opinion, the cases in our current legislation also
paved the way for different approaches in judicial
practice in dealing with cases related to the
reinstatement of military servicemen and employees.
For example, in Article 303 of the Code of Criminal
Procedure of the Republic of Uzbekistan, different
approaches were taken by the legislator regarding the
restoration of the violated rights of the rehabilitated.
Article 17 of the Law of the Republic of Uzbekistan "On
State Customs Service" [6], Article 34 of the Law "On
Internal Affairs Bodies" [7], Law "On the National
Guard" [8]
According to articles 22, employees of these agencies
have the right to apply to the court for reinstatement
on the basis of rehabilitation, while article 36 of the
Law of the Republic of Uzbekistan "On State Security
Service" [9] establishes the procedure for resolving
Volume 03 Issue 01-2023
20
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
01
Pages:
16-20
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
labor disputes by higher authorities. . Of course, in such
a case, it is natural that there are different approaches
in judicial practice.
In our opinion, the first factor that affects the lack of a
uniform approach in the judicial practice in considering
and resolving labor disputes is the lack of improvement
of legal documents, the second factor is the lack of
detailed explanations by the competent authorities
regarding the application of this or that norm to the
courts, and the third factor is the labor, criminal-
procedural and the fact that research in the field of
other legal sciences is lagging behind, and the fourth
factor is the fact that the subjects of the law of
legislative initiative do not introduce proposals for the
solution of the problem.
The above analyzes show that today, first of all, in
order to achieve judicial practice related to the
reinstatement of rehabilitated persons, especially
rehabilitated servicemen and employees, it is
necessary to unify legal documents in this field, as well
as to regulate labor disputes involving certain
categories of employees of the Supreme Court of the
Republic of Uzbekistan. it is necessary to develop the
relevant Plenum decision. Also, we believe that the
adoption of the Law of the Republic of Uzbekistan "On
Restoring the Rights of Rehabilitated Persons" based
on the comprehensiveness and specificity of these
relations today will also be effective in regulating these
relations.
REFERENCES
1.
Ш.М.Мирзиёев “Янги Ўзбекистон Стратегияси”.
Тошкент. “Ўзбекистон” НМИУ, 2021. –
Б. 106.
2.
Ш.М.Мирзиёев “Миллий тара
ққ
иёт
йўлимизни
қ
атъият
билан
давом
эттириб
,
янги
бос
қ
ичга
кўтарамиз”
. 1-
жилд
.
Тошкент
.
“Ўзбекистон”
НМИУ
, 2017.
–
Б
. 457.
3.
Л.У.Ра
ҳ
им
қ
улова
Якка
ме
ҳ
нат
низоларини
кўриб
,
ҳ
ал
этиш
тартиби
.
Юридик
фанлари
бўйича
фалсафа доктори илмий даражасини олиш учун
диссертация. Т.:2021. –
Б. 4.
4.
https://lex.uz/docs/111460
5.
https://lex.uz/docs/142859
6.
https://lex.uz/docs/67566
7.
https://lex.uz/docs/3027843
8.
https://lex.uz/docs/5128310
9.
https://lex.uz/docs/3610935
