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GENESIS OF THE PROSECUTOR'S OFFICE OF THE REPUBLIC OF UZBEKISTAN
DURING THE YEARS OF INDEPENDENCE
By Abdibaeva Jamila Aqpolat kizi
student of Karakalpak state university named after Berdakh, Faculty of Law
Annotation:
The article examines the evolution and development of the Prosecutor's Office of
the Republic of Uzbekistan from the moment the country gained independence in 1991 to the
present. It explores the transformation of the institution within the broader context of
Uzbekistan's legal reforms and the shift towards strengthening the rule of law and ensuring
justice. The study analyzes key changes in the organizational structure, legal frameworks, and
functions of the Prosecutor's Office, highlighting the efforts to align with international standards
and improve the accountability and efficiency of the institution. Moreover, the article delves into
the challenges and successes encountered throughout this period, offering a comprehensive
understanding of the role the Prosecutor’s Office plays in maintaining law and order in post-
Soviet Uzbekistan.
Key words:
Prosecutor's office, Independence, legal reforms, rule of law, justice system,
institutional development, legal frameworks, accountability.
The achievement of independence by the Republic of Uzbekistan in 1991 marked the beginning
of a new stage of efforts to strengthen its state and legal system. The period of independence in
Uzbekistan has brought about fundamental changes in various spheres, including the legal
system. In particular, the prosecutor's office system, its functions and structure have been
reviewed based on new political, economic, and social conditions. Prosecutor's offices play an
important role not only in ensuring state security, but also in protecting the rights of citizens and
restoring justice.
Thanks to independence, our cultural and spiritual values have been restored, and now our
people are newly understanding the social environment in which our ancestors lived, with their
glorious history and good manners, justice, truth, and maturity. As is known, our ancestors also
embraced Islam in the 8th century, and social and legal relations were regulated primarily based
on Sharia law and local customs.
Although the Qazi and Biy courts played an important role in ensuring strict adherence to Sharia
law, the Qazi courts, based on Sharia norms, not only resolved criminal and civil cases, as well
as disputes arising from the division of inheritance, family and marriage matters, but also
monitored their observance without involvement. Biy courts, however, primarily ruled based on
local customs and traditions, resolving disputes and problems.
Judges' rulings in criminal cases were appealed only to the head of state. If it is satisfied, the
verdict is overturned, and the case is sent to another judge for reconsideration. The judge's
verdict in civil and property cases is final and has not been appealed.
Judges review cases openly, personally, and orally, and, based on the severity of the criminal act,
prepare sentences for the perpetrator.
Judges in the regions were appointed by the head of state for life and dismissed for knowingly
violating Sharia law. Therefore, judges were independent of governors and had the authority to
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report to the head of state on the general state of compliance with Sharia law and the legality of
governors' activities.
In the territory of present-day Uzbekistan, this law and order system operated without significant
changes until the second half of the 19th century.
The Prosecutor's Office refers to state bodies exercising oversight or an authorized official. In
Latin, the word "procuratio (procuro) " means to care for, to manage, the word "procurator
(procuro) " means manager, chief, trustee, representative, procurator, administrator of imperial
revenues, and finally, the word "Procuro" means to care for, to nurture, to preserve, to provide, to
implement, to manage. Similar meanings exist in French words like "procuratenr," "procutie,"
"procuration," and "procurer."
Until 1917, the Prosecutor's Office was considered a strictly punitive div protecting the
reactionary state system, and along with Tsarist Russia, this div was also dissolved.
Analysis of the legislation "On the Prosecutor's Office" shows that from 1923 to 1938, before the
adoption of the Law on the Judicial Structure of the USSR and the Union Republics, the system,
functions, and powers of the prosecutor's office were regulated by the Law on the Judicial
Structure. The constituent bodies of the prosecutor's office were not independent state bodies,
neither centrally nor locally. The Prosecutor's Office, as a department, was part of the system of
the People's Commissariat of Justice. The Justice Commissioner was simultaneously the
republic's prosecutor.
The 1936 USSR Constitution and the 1937 Constitution of the Uzbek SSR elevated the
importance and role of prosecutorial oversight as an independent form of public service. The
USSR Prosecutor's Office was consolidated as a unified and centralized system headed by the
USSR Prosecutor, appointed by the Supreme Soviet of the USSR.
The structure of the central office of the Prosecutor's Office of the Republic of Uzbekistan and
matters related to local prosecutorial bodies were established by the Resolution of the Cabinet of
Ministers of the Republic of Uzbekistan dated January 24, 1992, "On Issues of Organizing the
Activities of the Prosecutor's Office of the Republic of Uzbekistan".
The Law of the Republic of Uzbekistan "On the Prosecutor's Office" (new edition), adopted on
August 29, 2001, covered issues related to the place and role of the prosecutor's office in the
system of state bodies, the specifics of prosecutorial oversight, and the clear definition of the
functions of the prosecutor's office.
It should be especially noted that the President of the Republic of Uzbekistan Sh.M. Mirziyoyev
is carrying out large-scale reforms to improve and democratize public administration, improve
the standard and quality of life of the population, and comprehensively develop the regions.
The adoption by President Shavkat Mirziyoyev of the Action Strategy for the five priority areas
of development of the Republic of Uzbekistan in 2017-2021 has defined new priority areas and
tasks in the activities of the prosecutor's office for the unconditional implementation of
legislative acts aimed at ensuring legality and law and order, implementing democratic and
socio-economic reforms, and reliably protecting human rights and freedoms.
The prosecutor's office plays a crucial role in the legal structure of every state, as it plays a
central role in ensuring criminal justice, upholding the rule of law, and protecting the rights of
citizens. The structure, functions, and tasks of the prosecutor's office worldwide can vary, as
each country forms this important div based on its legal system, culture, and historical context.
In this article, we will attempt to analyze the general characteristics of the prosecutor's office
system in foreign countries, its main functions, organizational principles, and differences across
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countries. Furthermore, studying the role of the prosecutor's office in various countries helps to
understand its role in supporting a fair criminal process and its importance in the social and
political environment.
In the USA, the prosecutor's office is an important component of the country's judicial and legal
system. The Prosecutor's Office operates at the federal and state levels, and its main task is to
investigate violations of the law, file charges, and act as a prosecutor in court. In the USA, the
prosecutor's office system is very complex and is carried out through many levels and bodies.
In the USA, the prosecutor's office operates at two main levels:
The highest position here is the "US Attorney General," who works as the head of the Ministry
of Justice and manages the system of federal prosecutors. The Prosecutor General, through the
Ministry of Justice, conducts charges and investigations in all federal courts. He also conducts a
number of investigative and judicial proceedings on behalf of the US government.
State-level Prosecutor's Office - Each state has its own prosecutor's office, which, in accordance
with state laws, resolves criminal cases and other legal matters. State prosecutors are often
elected by popular vote and protect the legal interests of the state.
In Japan, the prosecutor's office plays an important role in the country's legal system. The
Japanese prosecutor's office plays a crucial role in investigating crimes, filing charges in courts,
and protecting state interests.
In Japan, the prosecutor's office system is organized at two main levels:
1) Central level: The highest prosecutor's office in Japan is the General Prosecutor's Office,
which is headed by the Ministry of Justice. The Prosecutor General's Office appoints high-
ranking state prosecutors and determines the overall policy of the prosecutor's office system.
Furthermore, the Prosecutor General's Office oversees the activities of all prosecutors and, in
most cases, conducts investigations into serious crimes or crimes posing a threat to the state.
2) State level: In Japan, each region has a regional prosecutor's office, which investigates crimes
within its territory and submits charges to the courts. Prosecutors at the regional level also call on
the public to engage in crime prevention and law enforcement activities. The regional
prosecutor's office usually deals with minor and medium-level crimes.
In conclusion, the new legal norms and regulatory legal documents developed to eliminate
certain problems in the prosecutor's office system and ensure its more effective operation, taking
into account its specific characteristics, will undoubtedly contribute to the further development
of Uzbekistan's legal system. The independence of the prosecutor's office, its adaptation to
international standards and effective operation are important steps towards building a democratic
state for Uzbekistan and are expected to be of even greater importance in its future development.
References:
Constitution of the Republic of Uzbekistan 01.05.2023
2. Regulation of the Republic of Uzbekistan dated August 29, 2001 No. 257-II "On the
Prosecutor's Office" https://lex.uz/acts/-106197
3. PROSECUTOR'S SUPERVISION. Textbook. Completed and revised edition. Authors' group.
Tashkent: Legal Literature Publish, 2023. 232 pages.
4. Authors' group. Prosecutor's supervision. Textbook. Tashkent: TDYU, 2019. 190 pages.
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5. Prosecutor's supervision. General part: textbook for the academic bachelor's degree / O.S.
Kapinus [et al.]; under the general editorship of O. S. Kapinus. 3rd ed. Moscow: Yurait
Publishing House, 2018. - 198 p.
6. Vinokurov, A. Yu. Prosecutor's supervision: textbook for universities / A. Yu. Vinokurov, Yu.
E. Vinokurov; under the general editorship of A. Yu. Vinokurov. 4th ed., revised and enlarged.
Moscow: Yurait Publishing House, 2018. - 353 p.
7. Prosecutor's supervision: textbook and practical training for the applied bachelor's degree / M.
P. Polyakov, A. V. Fedolov, S. V. Vlasova, M. V. Lapatnikov; under the general editorship. M. P.
Polyakova. 2nd ed., revised. and additional - Moscow: Yurayt Publishing House, 2018. 324 p.
8.
Prosecutors and the Law"
by Stephen S. Trott.
9.
«Federal Prosecution and the Role of U.S. Attorneys»
by Andrew M. Pincus
10. «
The Japanese Legal System»
by Hiroshi Oda.
