SCIENCE AND INNOVATION IN THE
EDUCATION SYSTEM
International scientific-online conference
30
THE PRINCIPLE OF SEPARATION OF POWERS - AS A GUARANTEE
OF JUDICIAL INDEPENDENCE
Dauletmuratov Timur Dauletmuratovich
law teacher of the Nukus "Temurbeklar Maktabi" lyceum of the Ministry of
Internal Affairs of the Republic of Uzbekistan
https://doi.org/10.5281/zenodo.15074124
A
nnotation:
This article analyzes the legal guarantees based on the
principle of independence of the judiciary and the principle of separation of
powers between branches of government. In particular, the constitutional and
legislative foundations aimed at ensuring judicial independence in the Republic
of Uzbekistan, reforms in the judicial system, as well as factors threatening the
independence of judges are highlighted. The article discusses the independence
of the judiciary not only within the framework of the domestic legal system, but
also based on international experience. Also presented are proposals for the
phased implementation of judicial reforms, problems in the formation of an
independent judicial system, and their elimination.
Keywords:
judicial independence, principle of separation of powers, legal
reforms, judicial system, constitutional guarantees, rights of judges, rule of law,
fair trial, rule of law, international experience.
The independence of the judiciary primarily means that all relations
between branches of government must be built solely on the basis and within
the framework of the law. In particular, one of the important requirements of a
legal state, the principle of separation of powers, is aimed at ensuring the
independence of each branch of government, including the judiciary[1,37 p].
First and foremost, fully ensuring judicial independence must be one of our
most important tasks. I would like to reiterate that the ongoing violations of the
law during the preliminary investigation can only be rectified by achieving the
true independence of the courts[2].
The status of judges may be changed only in the manner prescribed by law.
Thus, the executive branch cannot make any decisions regarding the material or
other rewards of courts at the central or local levels. Certain aspects of these
issues (the procedure for their resolution) are directly defined in the
Constitution of the Republic of Uzbekistan (Articles 130-140) and special laws
("On the Constitutional Court of the Republic of Uzbekistan," "On Courts," and
others). The independence of the courts in our country is enshrined in the
Constitution of our Republic. Specifically, Article 130 states that "In the Republic
of Uzbekistan, the judiciary operates independently of the legislative and
SCIENCE AND INNOVATION IN THE
EDUCATION SYSTEM
International scientific-online conference
31
executive branches, political parties, and other public associations." A similar
rule can be found in Article 1 of the Law "On Courts" (new edition).
Continuing the above, it is appropriate to cite the following norm enshrined
in Article 66 of the Law "On Courts" (interference in the resolution of court cases
is not permitted): "Interference in the work of judges in the administration of
justice is not permitted." Influencing judges in any way to obstruct a
comprehensive, complete, and impartial review of a specific case or to obtain an
illegal court decision entails criminal liability in accordance with the law.
Despite the existence of a number of norms aimed at guaranteeing the
independence of judges, in practice, there are still negative instances of
interference in the duties of judges by certain state bodies and officials.
Specifically, in judicial and investigative practice, judges may be influenced by
the prosecutor, investigator, criminal, their relatives, or other participants in the
crime who remain in custody, as well as other participants in the process. The
Criminal Code (Article 236 - Interference in the investigation or the resolution of
court cases) provides certain guarantees regarding this. Furthermore, they pose
a significant threat to the independence of judges, prosecutors, and
investigators, as well as officials at various levels who strive to ensure the
issuance of relevant verdicts and other court decisions for themselves. The main
goal is to create new mechanisms for the effective protection of judges,
prosecutors, and investigators from such incidents. In this regard, using the
experience of foreign countries, it is necessary to ensure that, if necessary,
measures are taken to protect the life, health, relatives, and property of judges.
As L.M.Entin noted, "studying the experience of foreign countries in ensuring the
independence of the judiciary plays a leading role in a positive solution to the
problem"[3, 174 p].
European ideologists, in particular, Lokk, Russo, Monteske, and Kelzen,
were engaged in the development of a model of a legal society based on the
principles of sovereignty of the people, protection of fundamental human rights,
separation of powers, and the rule of law. To ensure equality between branches
of government and at the same time protect the fundamental rights of citizens,
judicial guarantees are necessary, because only judicial protection could ensure
the implementation of these rights[4, 39 p].
Large-scale reforms aimed at ensuring the true independence of the courts
and the rule of law are being implemented consistently[5].
As a result of ensuring judicial independence, 1,244 citizens were acquitted
in 2023, and in 2024 alone, acquittals were issued against 723 citizens[6].
SCIENCE AND INNOVATION IN THE
EDUCATION SYSTEM
International scientific-online conference
32
Based on the foregoing, it can be said that the issue of judicial independence
is a significant educational and psychological problem, as "in many complex
situations, a judge's personal qualities, their understanding of their civic and
professional duties, and their ability to resist unlawful influence are of decisive
importance"[7].
Not only in Uzbekistan, but in all modern democratic countries (such as the
USA, Germany, France), justice operates independently of other branches of
government. In accordance with the principle of separation of powers, the main
purpose of which is the restoration of violated rights and the proper
implementation of laws, the court carries out justice within the framework
established at the level of the Constitution and is considered an independent and
sovereign authority.
With the help of judicial processes, it will be possible to most justly
determine the boundaries of freedom and obligations of citizens in relations
between other persons, society and the state. The constructive role of the
judiciary is particularly evident in the US, where judges and courts have
extensive jurisdictional oversight capabilities[8]. About the USA, A.Tokvil wrote
a century and a half ago: "There are practically no political issues in the United
States that do not become a matter of law"[9].
The powers granted to American courts to comment on the inadequacy of
laws are clearly defined, which is the greatest obstacle to the oppression of the
political system.
The independence of the courts is rooted in the separation of powers in a
democratic society. Various state bodies have special and specific powers. The
judicial system, as an institution, and judges should have exclusive powers in the
consideration of cases within their competence.
First of all, it should be noted that its phased implementation is an
important feature of judicial and legal reforms in Uzbekistan. Admittedly, the
historical development of these stages is described differently. Some scholars
link the beginning of the first stage to the adoption of the Constitution of the
Republic of Uzbekistan in 1992, while the second stage is linked to the adoption
of the Law "On Courts" in September 1993, as well as the new Criminal Code and
the Criminal Procedure Code. The third modern stage of deepening judicial and
legal reforms began in 2000, during which a new edition of the Law "On Courts"
and a number of other new laws were adopted.
Specifically, A.X. Saidov refers to the period before Perestroika as the first
stage[10, 11 p]. The judiciary was not considered an independent div. In
SCIENCE AND INNOVATION IN THE
EDUCATION SYSTEM
International scientific-online conference
33
conditions where the theory of the separation of powers was not recognized, the
courts were considered an integral part of the unified Soviet government,
meaning their powers were significantly limited. For a long time, the functions
previously belonging to the courts were assigned to various administrative
bodies. In a number of cases, this led to gross violations of human rights.
Courts did not have the right to resolve disputes arising from the actions of
collegial bodies and officials. Labor rights of many groups of workers could not
be protected in court, there was no judicial control over the protection of human
rights at the time of the preliminary investigation, etc.
There were many bodies with state administrative powers, and their
decisions could not be appealed in court. Specifically, in the relationship
between the courts and the prosecutor's office, the prosecutor's office held a
significant advantage.
The Decree of the President of the Republic of Uzbekistan on the
specialization of courts played an important role in reforming the judicial
system, namely, the division of courts of general jurisdiction into courts for
separate consideration of civil and criminal cases. This decree has contributed to
strengthening guarantees of citizens' rights and freedoms and more fully
ensuring the quality and timely consideration of court cases. The reform of the
judicial system with the aim of establishing fully independent courts, improving
the quality and speed of administration of justice, ensuring the fairness of court
decisions, as well as the adoption of a new version of the Law "On Courts" at the
IV session of the second convocation of the Oliy Majlis on December 14, 2000,
determined the need for this. Subsequently, a number of important reforms
were implemented in the judicial and legal sphere, and the current Law "On
Courts" was adopted on July 28, 2021.
In the process of implementing judicial reforms, the powers of the courts
have been fundamentally changed, namely: from the norms limited by laws and
regulations in the sphere of civil, criminal, and administrative legal relations, a
corresponding scope of powers has been established in accordance with the
rules of procedure adopted in the world. The expansion of the powers of the
courts has made it possible for them to become an equal branch of state power,
which has given the court the opportunity to protect the rights and freedoms of
people, the values of civil society.
References:
1.
Тўраев Б.Р. Ҳуқуқий давлат: ғоялардан амалиёт сари. Масъул
муҳаррир: ю.ф.д., проф. З.М.Исломов. Монография. – Тошкент: Адолат, 2009.
– Б.37.
SCIENCE AND INNOVATION IN THE
EDUCATION SYSTEM
International scientific-online conference
34
2.
Ўзбекистон Республикаси Президенти Шавкат Мирзиёевнинг Олий
Мажлисга Мурожаатномаси. 24.01.2020 йил 24 январ. Халқ сўзи газетаси
3.
Энтин Л.М. Разделение властей: Опыт современных государств. - М.:
Юрид. лит., 1995. - 174 с.
4.
David Epstein, Sharyn O’Halloran. Delegating powers: a transaction cost
politics approach to policy making under separate powers. - Cambridge:
Cambridge univ. press, 1999. – Р.39.
5.
Ўзбекистон Республикаси Президенти Шавкат Мирзиёевнинг
Бирлашган Миллатлар Ташкилоти Бош Ассамблеясининг 75-сессиясидаги
нутқи. 23.09.2020 йил 23 сентябрь
6.
https://stat.sud.uz/criminal
7.
Гулямов З. В чем выражается незаконное воздействие на судью? //
Ҳуқуқ-Право-Law. №1(25), 2004. - С.49.
8.
Тарбер Дж., Мези М., Пфиффнер Д. и др. Разделённая демократия:
Сотрудничество и конфликт между Президентом и Конгрессом / Пер. с
англ.; Под общ. ред. Дж. Тарбера. – М.: Прогресс; Универс, 1994. – С.41.
9.
Токвиль А. Демократия в Америке. – М., 2000. – С. 142.
10.
Саидов А.Х. Концепция судебно – правовой реформы в Узбекистане.
// Ҳуқуқ-Право-Law, №-1, 2000. - С.11.
