Авторы

  • Саламат Азирбаев
    Karakalpak State University named after Berdakh
  • Фаркхад Кутлимуратов
    Karakalpak State University named after Berdakh

DOI:

https://doi.org/10.71337/inlibrary.uz.imjrd.121458

Аннотация

This scientific article discusses the legal essence, procedures, stages of civil proceedings, and the development of relevant proposals and reforms in this area in Uzbekistan by analyzing the practical legal framework and studying international best practices. It explains the legal relations of civil proceedings, as well as the relationships that arise between the court, the parties, and other participants in the process of reviewing civil cases.


background image

INTERNATIONAL MULTIDISCIPLINARY JOURNAL FOR

RESEARCH & DEVELOPMENT

SJIF 2019: 5.222 2020: 5.552 2021: 5.637 2022:5.479 2023:6.563 2024: 7,805

eISSN :2394-6334 https://www.ijmrd.in/index.php/imjrd Volume 12, issue 06 (2025)

638

LEGAL RELATIONS, THE CONCEPT OF CIVIL PROCEEDINGS, AS WELL AS

THE CONSIDERATION OF CIVIL CASES

Azirbaev Salamat Kuanishbaevich

3rd year master's degree

Karakalpak State University named after Berdakh

(Nukus, Republic of Karakalpakstan)

+998 90 700-68-62

azerbaevsalamat947@gmail.com

Scientific supervisor:

Farxad Qutlimuratov Qalbaevich

Associate Professor of the Department of Civil and Business Law, Doctor of Law

Annotation:

This scientific article discusses the legal essence, procedures, stages of civil

proceedings, and the development of relevant proposals and reforms in this area in Uzbekistan

by analyzing the practical legal framework and studying international best practices. It explains

the legal relations of civil proceedings, as well as the relationships that arise between the court,

the parties, and other participants in the process of reviewing civil cases.

Keywords:

Civil case, participants, court, reforms, law, parties, judiciary, legal entities,

subjects

Introduction

In every democratic society, mechanisms for the reliable protection of individual rights and

freedoms must be in place. One of the most important means of such protection is the judiciary.

It is the judicial institutions that play a key role in restoring the violated rights and legitimate

interests of citizens. A civil case, which is the subject of civil proceedings, plays a central role

in resolving legal disputes, rendering just decisions, and ensuring legal stability among citizens.

Civil court cases

are the primary means of resolving disputes arising between citizens, legal

entities, and other entities regarding property, contracts, family disputes, labor disputes,

inheritance disputes, and other legal relationships. This process plays a vital role in protecting

the legal rights and interests of citizens, as well as ensuring legal stability and justice in society.

Historically, in countries with developed civil procedural legal systems, the mechanisms for

conducting court proceedings have been further improved and are aimed at creating

convenience for citizens.

After the Republic of Uzbekistan gained independence, the legal framework of civil

proceedings began to be fundamentally reformed and developed. The Civil Procedure Code of

the Republic of Uzbekistan and amendments to it establish the procedure for conducting court

proceedings. However, in recent years, necessary steps have been taken to reform the judicial

system, ensure the independence of the courts, administer justice, and raise the legal awareness

of citizens. Particular attention is being paid to ensuring the openness and efficiency of court

proceedings.

Within the framework of judicial and legal reforms being implemented in Uzbekistan today, the

transparency of judicial activity, the development of mechanisms for working with citizens'

appeals, and the simplification of the civil case review regime are among the most pressing


background image

INTERNATIONAL MULTIDISCIPLINARY JOURNAL FOR

RESEARCH & DEVELOPMENT

SJIF 2019: 5.222 2020: 5.552 2021: 5.637 2022:5.479 2023:6.563 2024: 7,805

eISSN :2394-6334 https://www.ijmrd.in/index.php/imjrd Volume 12, issue 06 (2025)

639

issues. In particular, the Decree of the President of the Republic of Uzbekistan dated July 24,

2020 No. PP-6034 "On Measures to Deepen Reforms in the Judicial and Legal Sphere" is an

important document in this direction and serves to create a more convenient, fair and effective

system for citizens when considering civil cases.

From this perspective, studying the legal foundations of the civil procedure institute, its

practical application, and foreign experiences is one of the essential tasks for today's legal

science and the judicial-legal system. Studying the experience of countries with developed legal

systems, particularly the United States of America (USA), can be a valuable resource for

development in this area. The US civil procedure system is based on clear procedural norms,

judicial independence, and the equality of plaintiffs and defendants. These aspects are very

useful for comparison with Uzbekistan's experience.

The concept of civil cases is one of the most essential and fundamental concepts of civil

procedural law. Civil cases are the process of resolving disputes related to property, contracts,

family, labor, inheritance, and other civil legal relations arising between citizens, legal entities,

or other entities, which are considered in court.

The primary function of a civil case is to legally determine the mutual rights and obligations of

the parties and to resolve disputes through the courts. This process is aimed at protecting

citizens' rights, as well as ensuring legal order and justice in society. The main feature of civil

cases is that, unlike criminal cases against the state, they are aimed at resolving disputes

between individuals regarding property or personal rights. In civil cases, the parties have equal

rights, and the court decision resolves the conflict between the parties in a legal manner.

Principle (Lat. "principium" - basis, beginning) - these are the fundamental rules of the legal

system, expressed directly or indirectly in legislative acts, and serve as guidelines in the

conduct of civil cases.

At the same time, the main task of the principles is to ensure the legality, fairness, and

transparency of civil proceedings.

Basic principles of civil proceedings

According to the Civil Procedure Code of the Republic of Uzbekistan, the following principles

are prioritized:

1. Principle of Legality (Article 4 of the Civil Procedure Code)

The court acts only on the basis of the law. Any procedural actions are carried out only within

the framework of the law. This principle limits the actions of the court and the parties and

protects them from arbitrary approaches.

2. Independence of the court and its subordination only to the law (Article 5 of the Civil

Procedure Code).
A judge or court composition must make an independent decision when considering a case,

without encountering any external influence. This principle ensures the separation of powers of

the judiciary.
3. The principle of equality and competition of the parties (Article 8 of the Civil Procedure

Code).
This principle means that each party has equal procedural rights: to argue, to be questioned, to

dispute, to appeal. According to the principle of adversarial proceedings, the court acts as an

arbitrator resolving the conflict, while the plaintiff and the defendant affirm their position.
4. Principle of Openness (Article 11 of the Civil Procedure Code)


background image

INTERNATIONAL MULTIDISCIPLINARY JOURNAL FOR

RESEARCH & DEVELOPMENT

SJIF 2019: 5.222 2020: 5.552 2021: 5.637 2022:5.479 2023:6.563 2024: 7,805

eISSN :2394-6334 https://www.ijmrd.in/index.php/imjrd Volume 12, issue 06 (2025)

640

Court hearings are held openly, and citizens and media representatives are allowed to attend.

This principle ensures the transparency of justice. Only when secrecy is necessary can a closed

court be held (for example, in a case involving minors).
Comparison

Principle

Uzbekistan PPK

US law

Judicial independence

Article 9

Constitutional independence

of the federal court

Competition

Article 10

Adversarial Principle

Openness

Article 12

Public Trial

To resolve cases on the basis

of legality

Article 14

Provided through the Due

Process

Equality of sides

Article 10

Equal Protection

The principles of civil procedure form the constitutional, legal, and ethical basis of the judicial

process. They ensure the openness, fairness, and effectiveness of the judicial system.

Conclusion

Civil procedural law is one of the necessary branches ensuring the rule of law in society. In

particular, the resolution of disputes between citizens related to property and non-property

rights and obligations through the courts is the primary task of civil proceedings. Civil

procedural law is a robust mechanism for protecting the rights and interests of citizens through

the courts.

Each stage of civil proceedings has its own procedures and legal basis, the correct application

of which is the key to a just decision.

The active participation of court participants, the accurate and thorough conduct of certification,

and the timely execution of court decisions are the most important indicators of fair trial.

References:

1)

Ózbekstan Respublikasınıń Puqaralıq processual kodeksi.

2)

Ózbekstan Respublikasınıń «Sudlar haqqında»ǵı Nızamı. - 2023-jıl, jańalanǵan

redakciyası.

3)

Ózbekiston Respublikası Prezidentining 2020-yıl 24-iyundagi PF-6034-sonlı Farmoni -

«Sudlar faoliyatini yanada takomillashtirish va odil sudlov samaradorligini oshirishga doir

qo‘shimcha chora-tadbirlar to‘g‘risida.»

4)

Komilova D. «Ózbekiston sud tizimi: taraqqiyot va islohotlar.» - T.: TDIU, 2021.

5)

http://www.lex.uz/

6)

https://tsul.uz/uz

Библиографические ссылки

Ózbekstan Respublikasınıń Puqaralıq processual kodeksi.

Ózbekstan Respublikasınıń «Sudlar haqqında»ǵı Nızamı. - 2023-jıl, jańalanǵan redakciyası.

Ózbekiston Respublikası Prezidentining 2020-yıl 24-iyundagi PF-6034-sonlı Farmoni - «Sudlar faoliyatini yanada takomillashtirish va odil sudlov samaradorligini oshirishga doir qo‘shimcha chora-tadbirlar to‘g‘risida.»

Komilova D. «Ózbekiston sud tizimi: taraqqiyot va islohotlar.» - T.: TDIU, 2021.