Правовая реформа и доступ к правосудию в Узбекистане: комплексный подход через бесплатную юридическую помощь

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Society and innovations

Journal home page:

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Legal reform and access to justice in Uzbekistan:
a comprehensive approach through free legal aid

Kamola ALIEVA

1

Tashkent State University of Law

ARTICLE INFO

ABSTRACT

Article history:

Received December 2023

Received in revised form

15 December 2023
Accepted 20 January 2024

Available online

25 February 2024

This article explores the significant legal reforms and

initiatives implemented in Uzbekistan aimed at enhancing

access to justice and strengthening the rule of law. Since 2016,

these reforms have included the ratification of international

conventions, the introduction of free legal aid, and the
development of clinical legal education programs. Notable

advancements such as the 'MADAD' legal aid initiative and the

'E-SUD' e-justice system are highlighted as key tools in

improving legal service delivery and judicial efficiency. While
acknowledging the progress made in promoting gender equality

and protecting vulnerable populations, the article identifies

ongoing challenges in funding, public awareness, and service

delivery. It concludes with recommendations for sustaining
reform efforts and enhancing access to justice for all citizens of

Uzbekistan.

2181-

1415/©

2024 in Science LLC.

DOI:

https://doi.org/10.47689/2181-1415-vol5-iss1-pp229-240

This is an open access article under the Attribution 4.0 International
(CC BY 4.0) license (https://creativecommons.org/licenses/by/4.0/deed.ru)

Keywords:

Uzbekistan,

legal reform,

access to justice,

free legal aid,

e-justice,

gender equality.

O‘zbekistonda huquqiy islohotlar va odil sudlovdan

foydalanish: bepul yuridik yordam orqali kompleks
yondashuv

ANNOTATSIYA

Kalit so‘zlar

:

O

‘

zbekiston,

huquqiy islohot,

odil sudlovdan foydalanish,

bepul yuridik yordam,

elektron sudlov,

gender tengligi.

Ushbu maqolada O‘zbekistonda odil sudlovdan foydalanish

imkoniyatlarini

kengaytirish

va

qonun

ustuvorligini

mustahkamlashga qaratilgan muhim huquqiy islohotlar va

tashabbuslar yoritilgan. 2016-yildan buyon ushbu islohotlar

xalqaro konventsiyalarni ratifikatsiya qilish, bepul yuridik

yordamni joriy etish va klinik yuridik ta’lim dasturlarini ishlab

1

Doctor of Philosophy in Law (PhD), Acting Associate Professor, Tashkent State University of Law.

E-mail: kamolaalieva@gmail.com

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chiqishni o‘z ichiga oladi. “MADAD” yuridik yordam tashabbusi

va “E

-

SUD” elektron adliya tizimi kabi e’tiborga molik yutuqlar

yuridik xizmatlar ko‘rsatish va sud samaradorligini oshirishning

asosiy vositalari sifatida qayd etilgan. Maqolada gender

tengligini rag

‘

batlantirish va aholining zaif qatlamlarini himoya

qilishda

erishilgan

yutuqlarni

e

’

tirof

etgan

holda,

moliyalashtirish, aholini xabardor qilish va xizmatlar

ko

‘

rsatishda davom etayotgan muammolar aniqlangan.

U islohotlarni davom ettirish va O‘zbek

istonning barcha

fuqarolari uchun odil sudlovdan foydalanish imkoniyatlarini

kengaytirish bo‘yicha tavsiyalar bilan yakunlanadi.

Правовая

реформа

и

доступ

к

правосудию

в Узбекистане: комплексный подход через бесплатную

юридическую помощь

АННОТАЦИЯ

Ключевые слова:

Узбекистан,

правовая реформа,

доступ к правосудию,

бесплатная юридическая

помощь,

электронное правосудие,

гендерное равенство.

В данной статье исследуются значительные правовые

реформы и инициативы, реализованные в Узбекистане с

2016 года, направленные на расширение доступа к

правосудию и укрепление верховенства закона. Эти

реформы охватывают ратификацию международных

конвенций, введение бесплатной юридической помощи и

развитие

программ

клинического

юридического

образования. Отмечены заметные достижения, такие как

инициатива юридической помощи «MADAD» и система

электронного

правосудия

«E

-

SUD»,

выступающие

ключевыми инструментами улучшения предоставления

юридических услуг и эффективности судебной системы.

Статья признает прогресс в продвижении гендерного

равенства и защите уязвимых групп населения,

одновременно

определяя

текущие

проблемы

в

финансировании, информировании общественности и

предоставлении услуг. В конце статьи представлены

рекомендации по продолжению реформ и дальнейшему

расширению доступа к правосудию для всех граждан

Узбекистана.

Executive Summary

Beginning in 2016, the Government of Uzbekistan launched a wide-ranging series

of legal and judicial reforms aimed at bolstering the rule of law, safeguarding

fundamental human rights and freedoms, and increasing the efficiency of the justice

system to meet international benchmarks. This comprehensive reform strategy

encompassed the ratification of the Convention on the Rights of Persons with Disabilities

(CRPD), the enactment of new gender equality laws, the overhaul of criminal procedure

laws, and the roll-out of innovative tools and services designed to facilitate access to

justice in line with global human rights norms and standards. Furthermore, the role of

the National Human Rights Institution (Ombudsperson's Office) in Uzbekistan was

expanded, earning its first accreditation from GANHRI (with B-status in 2020).

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As a result of these measures, Uzbekistan has seen its position improve in

internationally recognized indices and rankings, such as the Rule of Law Index 2021

(ranking 85th among 139 countries worldwide) and the World Bank's Women, Business,

and Law 2020 (ranking 134th out of 190 countries). However, despite these strides,

significant segments of the Uzbek population, especially women, rural youth, and

individuals with disabilities, remain underinformed about their rights and the means to

protect them. Additionally, these vulnerable groups still face obstacles in accessing

affordable and effective legal remedies, including free legal advice, representation, and

justice services that adhere to human rights standards.

The following key strategies were initiated within these reforms:

The revision of criminal procedural legislation

to align it with the best

international and human rights standards:

•

The number of primary criminal penalties that can be imposed for committing

crimes was decreased from 10 to 9 (arrest as a type of criminal penalty was abolished).

•

The use of alternative non-custodial types of penalties was expanded.

•

The pre-trial detention period was reduced from 72 to 48 hours.

•

The maximum duration of preventive measures (i.e., house arrest, detention) and

preliminary investigation decreased from 1 year to 7 months.

•

Power/authority to arrest correspondence and exhumation was transferred to

courts (from prosecutors). The power/authority of courts to return criminal cases for

additional investigation was abolished

The deployment of digital tools to enhance justice accessibility, featuring

web-based platforms for legal guidance, includes:

In 2019, the NGO MADAD was founded to offer the public initial free legal

assistance through advice and explanation of laws, though it cannot represent clients in

court. MADAD introduced the 'www.advice.uz' website for online legal advice, drawing

inspiration from the UK's 'Citizen Advice' model and receiving support from the UK

Embassy in Tashkent. With a presence in 201 districts across Uzbekistan, MADAD

handled 74,377 inquiries in 2020, including over 44,000 from women, for primary free

legal consultation, with 72,951 of these requests coming through the 'Advice.uz' portal.

However, MADAD relies on funding from the Ministry of Justice of the Republic of

Uzbekistan and various donors, as it lacks sustainable financial resources.

Additionally, the judicial system has implemented interactive services to make

justice more accessible and streamline the legal process. The Supreme Court of

Uzbekistan, with backing from USAID and UNDP, launched the E-SUD e-justice system for

civil courts throughout the country. E-SUD has significantly reduced the need for in-

person court visits for case processing from 6-7 to just 2-3 visits, making Uzbekistan's

civil case handling time faster than the regional average for Central Asia. This system has

been crucial in delivering prompt and reachable justice, especially to those in remote

areas, helping 37,000 women in rural regions resolve alimony disputes efficiently.

Moreover, E-SUD offers a fast and economical way to file cases, with users able to register

online to view their complete case files, track the progress of their case, and access all

related court documents, including decisions and rulings, directly.

Rule of Law and Access to Justice

The reforms mentioned above positively affected the current rule of law in

Uzbekistan, resulting in an increased overall rule of law score of Uzbekistan by 4.1% in

the 2021 Rule of Law Index. At 85th place out of 139 countries and jurisdictions

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worldwide, Uzbekistan improved fourteen positions in global rank with significant

improvements in the factors measuring constraints on government powers, absence of

corruption, and Open Government.

At the same time, access to justice, the central element of the rule of law, is yet to

be improved to further strengthen and ensure adequate human rights protection in
Uzbekistan. According to the same Rule of Law 2021 index, the accessibility of civil
justice in Uzbekistan (sub-factor 7.1.) remains insufficient. As a result, Uzbekistan
continues to be the country with the lowest score for this sub-factor among the region's
countries.

Free legal aid providers are essential for ensuring effective access to justice and

adequate protection of human rights and disseminating information on human rights.
As the Human Rights, Committee explained in its general comment no. 32 'The
availability or absence of legal assistance often determines whether or not a person can
access the relevant proceedings or participate in them in a meaningful way.

A significant stride in this direction is the Law “On Provision of Legal Aid at the

Expense of the State” which was signed by the President of Uzbekistan on June 16, 2023,

and which took effect on September 18, 2023. This law ensures that various categories of
people, including low-income people involved in civil and administrative cases and
people with mental disabilities receiving psychiatric care, have the right to legal aid

funded by the state. The state’s commitment to fund this legal aid ensures that even those

without the financial means can have their rights protected and their voices heard in
legal matters.

NGO “

MADAD

” was spotlighted for its commendable efforts in providing primary

free legal aid to the public. Their grassroots approach ensures that initial legal
consultations and guidance are accessible to everyone, bridging the gap between the
public and the legal system. Their work exemplifies how NGOs can collaborate with the
government in ensuring universal access to justice. NGO MADAD was established in 2019

by the Decree of the Cabinet of Ministers of the Republic of Uzbekistan ‘On measures to

further improve the system of legal assistance and communicate legal information to the

population’ dated September 6, 2019 No. 741. As per the Decree main tasks of the NGO
‘MADAD’ are:

–

providing citizens with primary free legal aid through online legal consultations

and clarifications on legal issues;

–

involving volunteers to harmonize the legal knowledge of citizens with socio-

political changes in Uzbekistan;

–

analyzing citizens’ requests for legal advice and development of proposals for

improving legislation based on analysis of the requests for the provision of legal advice;

–

introduction into practice innovative methods of raising legal awareness and

legal culture of the population, the positive experience of foreign countries in this area;

–

maintaining and constantly updating the www.advice.uz legal information portal.

NGO MADAD is currently remaining the only NGO established by the government

of Uzbekistan and financed by the Ministry of Justice.

There are also legal clinics established under Tashkent State University of Law,

under the University of World Economy and Diplomacy, and the Federation of Trade
Unions of Uzbekistan.

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Wide usage on social media and social messengers in recent years, allowed

lawyers to use these platforms for the provision of primary free legal aid which is not
financed by the government of Uzbekistan and is voluntary for lawyers.

Despite the establishment of NGO MADAD, an independent free primary legal aid

provider, its activities are limited to the provision of primary free legal consultations
with no powers to represent clients in courts or government authorities. Such limitations
minimize the efficiency of this free legal aid provider. In addition, the absence of a legal
framework regulating free legal aid mechanisms impedes the establishment and effective
operation of free legal aid providers.

It is commonly recognized that one of the indicators of how well the legal aid

system is working is a change (decrease) in the number of self-represented litigants.
While comprehensive data on the number of self-represented litigants in Uzbek courts is
not publicly available, the absence of effective legal aid mechanisms combined with the
low number of lawyers in Uzbekistan and the low level of public trust in lawyers in
Uzbekistan can bring us to the conclusion that there is a significant number of self-
represented litigants in Uzbek courts.

Although most of the cases filed by self-represented litigants can be assumed as

simple cases, the low level of legal awareness/literacy of the population combined with
constant changes in both substantial and procedural legislation of Uzbekistan in recent
years results in struggling for litigants to navigate the complex system of legislation and
court procedures.

Promotion and Protection of Women's Human Rights

Since the initiation of reforms, the Government of Uzbekistan has been declaring

its commitment to improve human rights protection and increasing legal awareness of

human rights. Uzbekistan reported that '… in 2017 alone, intending to increase citizens'

legal knowledge and awareness and foster respect for children's rights and freedoms
among the public, the Ministry of Justice and its local offices held more than 5,000
awareness-raising events to explain the provisions of the Children's Rights Safeguards
Act, the Act on the Protection of Children from Information Harmful to Their Health, the
Tutorship and Guardianship Act, the Trafficking in Persons Act, the text on measures to
enhance further the system for the prevention of offending and the combating of crime,
and other laws and regulations concerning children's rights; these events included 793
media appearances, over 5,000 round tables, seminars and workshop-conferences, and
137 other events'.

In its following periodic report, Uzbekistan reiterated its commitment to increase

legal awareness and literacy of women by reporting that 'Over two years, the Women's
Committee has carried out more than 40 training courses and 10 round tables, with the
total number of participants exceeding 1,300.'

At the same time, it is true to say that these massive events are aimed primarily at

disseminating legal information on new developments in legislation and general
information on rights without providing mechanisms for the protection of these rights.
Therefore, the Committee on the Elimination of Discrimination against Women requested
the Government of Uzbekistan to provide information on the impact of the awareness-
raising activities targeting government officials and the judiciary and to indicate whether
the Convention has been invoked in court proceedings and provide information on the
number, nature, and outcome of relevant cases.

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Recognition of the importance of ensuring effective protection of women's rights

and equal representation in the judiciary has become one of the cornerstones of the legal
and judicial reforms. Namely, several Presidential Decrees were adopted envisaging
support for women's entrepreneurial activities and effective protection of women's
labour rights. Regarding the justice sector, President Mirziyoyev, during the meeting on
ensuring fair trials and enhancing anti-corruption activities on June 30,
2020 stressed the need to create mechanisms for ensuring gender equality among judges.
These measures aim to eliminate existing gender gaps in the justice sector and improve
mechanisms for adequate protection of women's social and economic rights.

Adopting such a massive legal framework on gender equality and protection of

women's rights contributed to the increase of Uzbekistan's rank in the World Bank's
Women, Business and Law 2020 (134th globally). The legal framework introduced
restraint order mechanisms as an essential mechanism to protect women from domestic
violence. The introduction of this mechanism resulted in the issuance of 14,774
protection orders in 2020 to women and girls affected by harassment and violence.
About 11,000 women who received warrants needed protection from their spouses. In
6,836 cases, women were subjected to physical violence, in 6,281 cases

–

psychological

pressure;
in 1,480 cases

–

oppression. In 121 cases, the warrant was issued to victims of economic

and in 56 cases

–

sexual violence.

The gender analysis conducted within the 'Rule of Law Partnership in Uzbekistan'

Project showed that while the e-justice tools and interactive services developed by Uzbek
courts are reported to simplify access to justice for all, women are still facing barriers
that are primarily based on cultural perceptions, in accessing justice. These barriers are
based on women's financial dependence on household and family budgets and low levels
of internet penetration as well as low levels of digital literacy, especially in rural areas.
Another aspect of obstacles to justice for women is the lack of legal information tailored
for women and their needs.

There are no comprehensive educational programs on human rights tailored to the

needs of women, especially in rural areas, which leads to, as was stated in the alternative
report to the CEDAW Committee, 'low awareness of women, especially from rural areas,
on their rights, processes, and procedures made available to them to protect their rights
and interests remains to be an actual topic.

Rights of Individuals with Disabilities
The Special Rapporteur on the independence of judges and lawyers highlighted,

during a 2019 visit to Uzbekistan, the challenges people with disabilities face in accessing
justice due to physical and informational barriers. The Special Rapporteur emphasized
that the ability to access justice on equal terms can be hindered by architectural and
linguistic barriers that restrict access for specific groups, including people with
disabilities and the elderly, to courthouse facilities and legal proceedings.

As Uzbekistan progresses with substantial legal reforms, bridging the accessibility

gap in justice is crucial. Integrating free legal aid with a client-focused approach in
Clinical Legal Education (CLE) could significantly improve access for underserved
communities. This policy brief advocates for the expansion of client-centered legal
counseling through CLE to enhance the availability of free legal aid across Uzbekistan.

Issue Background and Significance

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Despite advancements in legal reforms, numerous Uzbek citizens, particularly

those from disadvantaged backgrounds, encounter obstacles in accessing justice due to

limited resources and insufficient legal knowledge. Incorporating free legal aid into CLE

programs offers a novel approach, allowing law students to provide pro bono services

under expert supervision, thus expanding the reach of legal aid.

While the Uzbek government has shown commitment to aligning its legal reform

efforts with international human rights standards, several hurdles persist in ensuring fair

access to justice and the delivery of quality public services within the justice sector.

These challenges include:

Lack of a Proper Legal and Institutional Framework for Free Legal Aid

Although Uzbekistan has ratified key UN human rights treaties that mandate the

establishment of effective free legal aid systems, a comprehensive legal framework for

such aid has yet to be implemented. Currently, the provision of free legal aid is split

between initial (primary) free legal aid and government-subsidized (secondary or

qualified) legal aid. The primary obstacle in delivering primary free legal aid is the scarce

availability of providers, with the NGO MADAD being a major but under-resourced

provider reliant on governmental support. The absence of a regulatory framework for

primary legal aid and obstacles in NGO registration severely limit access to free legal

services. Furthermore, the few existing Legal Clinics are mainly based in the capital and

lack regional outreach. Uncoordinated free legal aid offered by attorneys through social

media is not systematically organized and may serve more as a means for lawyers to

attract paying clients.

Insufficient incorporation of approaches focused on the individual within

legal and judicial services

Legal and justice services are seen as people-centric and effective when they are

provided in a seamless, coordinated, and inclusive manner, available to everyone equally

while focusing on specific, vulnerable groups. These services match people's needs and

help build empowerment, prioritize proactivity, prevent and timeliness, and focus on

substantive outcomes and fairness.

Since the initiation of reforms, Uzbekistan has introduced several mechanisms that

indirectly match some of the OECD's criteria for people-centered design and delivery of

legal and justice services. These include:

•

Prevention, proactivity, and timeliness of legal and justice services: establishing

people's receptions in 2017, right after assuming power by President Mirziyoyev, created

a mechanism that contributed to the timely resolution of people's grievances. It must be

noted that people's receptions are still operational, they cover all regions of Uzbekistan.

•

amending the law of the Republic of Uzbekistan' On applications of physical and

legal entities' which requires government authorities to provide legal explanations to

applicants.

•

As mentioned above, the broad introduction of ICT in courts and interactive

services to provide legal consultations aimed to increase the accessibility of justice.

These examples show that Uzbekistan has made efforts to implement some aspects

of the people-centered delivery of legal and justice services. Still, these efforts were

neither sustainable nor long-lasting. The main reason for this lack of a systematic and

holistic approach to identifying legal needs is the lack of public participation in law and

policy-making processes related to access to justice and legal aid and weak, ineffective

justice data collection systems.

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Minimal awareness of legal rights and empowerment among individuals,

particularly in rural areas, has been highlighted.

Submissions of Uzbekistan to UN treaty bodies consistently report on efforts to

enhance the population's understanding of legal rights and the country's legal reforms.

These initiatives aim to spread knowledge about legislative updates and reforms within

Uzbekistan. Furthermore, the national human rights strategy emphasizes the importance

of improving the focus and quality of activities aimed at raising legal awareness about

human rights. However, the scarcity of free legal aid providers and the limited presence

of civil society and non-governmental organizations, which play crucial roles in fostering

legal awareness and empowerment, undermine the sustainability of these efforts.

A significant obstacle to accessing justice in Uzbekistan is the lack of a people-

oriented approach within legal and justice services. Such an approach would enable

individuals to comprehend and apply the law effectively, ensure the provision of justice

services centered around people's needs, and secure equitable outcomes and solutions.

The shortfall in legal aid services, inadequate resources for analyzing legal needs,

restricted involvement by the Ombudsperson's office, and minimal engagement from civil

society and non-governmental organizations in the process of legal drafting, along with

unfocused efforts to raise awareness about human rights, demonstrate the lack of a

people-oriented approach in the legal and justice sectors.

Thus, the challenges of accessing justice and the absence of a people-focused

approach in justice delivery are significant barriers to upholding the rule of law and

advancing judicial and legal system reforms necessary for the effective protection of

human rights in Uzbekistan.

Justification and Example of Client-Focused Legal Advice in Clinical Legal

Education (CLE)

Focusing on the client's needs, client-focused legal advice adopts an empathetic

and human-centric approach, ensuring the client's interests are at the forefront.

Incorporating this approach into CLE programs equips law students with hands-on,

practical experience, thereby enriching their professional competencies and ethical

sensibilities.

During a trial initiative conducted at the Tashkent State University of Law in

Uzbekistan, embedding client-focused advice within a CLE framework markedly

enhanced student participation and honed their practical abilities. Additionally, this

initiative extended essential legal assistance to numerous individuals in the community,

who might otherwise struggle to obtain justice.

Policy Recommendations:

1.

Establish a Comprehensive Legal Framework: Enact specific legislation to

establish a robust free legal aid system. This framework should define eligibility criteria,

scope of services, and mechanisms for funding and oversight to ensure consistent and

equitable access to legal aid across Uzbekistan.

2.

Increase Funding and Resources: Secure sustainable funding sources for free

legal aid services through government allocations, international assistance, and

partnerships with the private sector. Invest in training and resources to expand the

capacity of legal aid providers.

3.

Expand Legal Aid Services: Broaden the range of legal aid services to include not

only criminal cases but also civil and administrative matters. This expansion should

particularly focus on vulnerable and marginalized groups, ensuring they have access to

comprehensive legal support.

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4.

Strengthen NGO and Civil Society Participation: Encourage and facilitate the

involvement of non-governmental organizations and civil society in the provision of legal
aid. This includes simplifying registration processes for NGOs and offering grants or
subsidies to support their legal aid activities.

5.

Develop Public Awareness Campaigns: Launch widespread campaigns to raise

awareness about the availability of free legal aid services. Utilize various media platforms
to inform citizens of their legal rights and how to access legal support.

6.

Integrate Technology into Legal Aid Services: Utilize digital platforms and e-

services to make legal aid more accessible, especially in remote or underserved areas.
This could include online legal advice portals, mobile applications for legal assistance,
and virtual consultations.

7.

Incorporate Client-Centered Approaches in Legal Aid: Ensure that legal aid

services are delivered in a client-centered manner, prioritizing the needs and
perspectives of those seeking legal assistance. Training for legal aid providers should
include modules on empathy, communication, and client care.

8.

Enhance Collaboration with Legal Education Institutions: Partner with law

schools and universities to incorporate practical legal aid work into the curriculum
through Clinical Legal Education (CLE) programs. This approach not only provides
students with valuable experience but also expands the workforce available for legal aid
provision.

9.

Monitor and Evaluate Legal Aid Services: Implement a robust system for

monitoring and evaluating the effectiveness of legal aid services. Feedback from service
users and performance data should inform continuous improvement and adjustments to
legal aid provisions.

10.

Advocate for Legal and Policy Reforms: Based on insights gained from legal aid

services, advocate for legal and policy reforms to address systemic barriers to justice.
Legal aid providers are in a unique position to identify trends and issues affecting access
to justice and can be powerful advocates for change.

By implementing these recommendations, Uzbekistan can significantly improve its

free legal aid system, making justice more accessible and equitable for all its citizens.

Conclusion

In a world increasingly defined by equality and social justice, access to competent

legal representation should not be a privilege but a fundamental right. Enhancing Access
to Justice through Free Legal Aid and Client-Centered Legal Counseling Through Clinical
Legal Education, therefore, becomes a pivotal element in the reformation and
modernization of any legal system.

The integration of client-centered legal counseling within Clinical Legal Education

(CLE) offers a transformative approach to legal education and legal service delivery.
By putting the client at the heart of the counseling process, it redefines the traditional
lawyer-client relationship, fostering more empathetic, humane, and ultimately effective
legal services.

Furthermore, the delivery of these services as free legal aid within a CLE

framework democratizes access to justice. It breaks down barriers to legal
representation, ensuring that the most vulnerable members of society have the same
access to quality legal advice as their more affluent counterparts.

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However, the realization of this vision is contingent on a comprehensive, concerted

approach from all stakeholders. Law schools must embrace and institutionalize CLE, not
as an adjunct to their curriculum but as a core component of it. Governments must back
this with the necessary legislation, funding, and incentive structures. The legal
community, including bar associations, must recognize and reward pro bono work. Civil
society must be actively involved in both the provision and availing of these services.

Moreover, it is crucial to leverage technology, not only to expand the reach of these

services but also to enhance their quality. Online consultations, digital resources, and
data analytics can all play a role in a more efficient, more effective legal aid landscape.

Finally, robust monitoring and evaluation mechanisms must be in place. These

would ensure that these programs do not stagnate but continually evolve and improve.
They would ensure that best practices are identified, shared, and standardized across the
system.

In conclusion, the marriage of free legal aid and client-centered legal counseling

within a CLE framework represents a bold and innovative approach to legal education
and service delivery. With the right strategies, policies, and commitments in place, it
holds the promise of a more equitable, just, and fair legal system where access to justice
is a reality for all, irrespective of social or economic status.

REFERENCES:

1.

Decree of the President of the Republic of Uzbekistan on radio improvement of

the system of increasing legal consciousness and legal culture in the society dated
09.01.2019 No. UP-5618 https://lex.uz/docs/4149770

2.

Uzbekistan

country

insights,

Rule

of

Law

Index

2021,

https://worldjusticeproject.org/rule-of-law-index/country/2021/Uzbekistan

3.

Закон Республики Узбекистан «О гарантиях равных прав и возможностей

для женщин и мужчин», №ЗРУ

-562 02.09.2019.

4.

http://constitution.uz/ru/pages/gender

5.

Decree of the Cabinet of Ministers of the Republic of Uzbekistan ‘On measures to

further improve the system of legal assistance and communicate legal information to the

population’

https://lex.uz/ru/docs/4500969

6.

Salomov B., ‘BAR in Uzbekistan: current situation and development

perspectives’, page109 https://inscience.uz/index.php/socinov/article/view/25/19

7.

Decree of the President of the Republic of Uzbekistan on measures to greatly

improve the efficiency of the Institute of Bar and expand the independence of lawyers,
dated 12.05.2018, No.UP-5441, https://lex.uz/docs/3731058

8.

Fifth

periodic

report

of

Uzbekistan

to

CEDAW

https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhK
b7yhsifWMG9%2fRtnvoBn3u8H6O%2bYfzWYaYQEH1SI6rsVigoUHWbdXD5utZL3qhbCN
ZfnON9ujdr6yJHP7WU6oyA%2bJar98bVFVL5zSSuzhS8zwLRt4

9.

https://www.mckinsey.com/featured-insights/diversity-and-

inclusion/women-in-the-workplace

10.

World

Bank's

Women,

Business

and

Law

2020

report

https://openknowledge.worldbank.org/bitstream/handle/10986/35094/97814648165
29.pdf?sequence=7&isAllowed=y

Жамият

ва

инновациялар

–

Общество

и

инновации

–

Society and innovations

Issue

–

5

№

1 (2024) / ISSN 2181-1415

239

11.

Sixth

periodic

report

of

Uzbekistan

to

CEDAW

https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhK
b7yhsvglKm%2f71Q4iogAZSMgJYVs60KRy5crJ6kEiuyr%2bMf3kQZOR7xy6os%2fgfVi6U
8SWJzQ3hoasS%2fykjavi39nSZnREZgvg6t9tUEoqTqsmwzXC

12.

List of issues and questions by the Committee on the Elimination of

Discrimination against Women concerning the sixth periodic report of Uzbekistan
https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhK
b7yhsvglKm%2f71Q4iogAZSMgJYVvAJmQU0yQ9i50qVdaljQNEWNP5t9aTSj2To64mkMk
3TaVMhsfNVJeREr1YPkyBNYLu89bjBJfAilIMxgEdkpgZ

13.

Resolution of the President of the Republic of Uzbekistan on measures to

further strengthen guarantees of labor rights and support for women's entrepreneurship,

dated 07.03.2019 г. No. PP

-4235 https://lex.uz/ru/docs/4230938

14.

Article ‘Interior Ministry: 14,774 women subjected to repression and violence

issued protection orders in 2020’ https://uza.uz/uz/posts/iiv

-2020-yilda-tazyiq-va-

zoravonlikka-uchragan-14-ming-774-xotin-qizga-himoya-orderi-berildi_236643

15.

https://sud.uz/wp-content/uploads/2020/11/

обзор

-

Зарубежного

-

Опыта

.pdf

and

https://sud.uz/wp-

content/uploads/2020/11/

Разработка

_

и

_

внедрение

_

гендерных

_

индикаторов

.pdf

16.

Alternative report by 'Civic Initiatives Support Center' (an NGO in Special

Consultative Status with the U.N. Economic and Social Council) and 'NIHOL' Initiative's
Development

and

Support

to

the

CEDAW

committee

Centerhttps://tbinternet.ohchr.org/_layouts/15/treatydivexternal/Download.aspx?sy
mbolno=INT%2fCEDAW%2fNGO%2fUZB%2f44129&Lang=en

17.

Human Rights Council Visit to Uzbekistan Report of the Special Rapporteur on

the

independence

of

judges

and

lawyers-

para

84,

https://undocs.org/en/A/HRC/44/47/Add.1

18.

Governance as an SDG accelerator, Chapter 6. Governance frameworks to

ensure equal access to justice and citizens’ legal empowerment, OECD,

https://www.oecd-ilibrary.org/sites/cae781ce-
en/index.html?itemId=/content/component/cae781ce-en

19.

Law of the Republic of Uzbekistan on appeals of individuals and legal entities,

dated 11.09.2017, No. ZRU-445 https://lex.uz/docs/2509998

20.

Алиева, К. (2021). Гендер тенглигини таъминлаш бўйича мукаммал

ҳуқуқий

ислоҳотларнинг ўзи етарлими (Европа Иттифоқи тажрибасига назар)?

Общество и инновации, 2(4/S), 861

-869.

21.

Kamola, A. (2022). THE CASES OF SEXUAL HARASSMENT AGAINST WOMEN IN

THE WORKPLACE IN UZBEKISTAN: THREAT TO ENSURING GENDER EQUALITY. World
Bulletin of Management and Law, 12, 130-134.

22.

Алиева, К. (2022). Вопросы гендерного неравенства в Узбекистане:

проблемы реализации доступа к правосудию для женщин, подвергшихся
бытовому

насилию.

Общество

и

инновации,

3(6/S),

233–

249.

https://doi.org/10.47689/2181-1415-vol3-iss6/S-pp233-249

23.

Alieva, K. (2021). Trends In Ensuring Gender Equality: The Practice And Legal

Reforms Of Advanced Foreign Countries. The American Journal of Political Science Law
and Criminology, 3(03), 11-20.

Жамият

ва

инновациялар

–

Общество

и

инновации

–

Society and innovations

Issue

–

5

№

1 (2024) / ISSN 2181-1415

240

24.

Камола Алиева Достаточно ли правовых реформ для обеспечения

гендерного равенства (взгляд опыта Европейского Союза)? // ОИИ. 2021. №4/S.

URL:

https://cyberleninka.ru/article/n/dostatochno-li-pravovyh-reform-dlya-

obespecheniya-gendernogo-ravenstva-vzglyad-opyta-evropeyskogo-

soyuza

(дата

обращения: 30.01.2023).

25.

Alieva Kamola. (2023). GENDER INEQUALITY IN UZBEKISTAN: PROBLEMS OF

ACCESS TO JUSTICE FOR WOMEN AFFECTED BY DOMESTIC VIOLENCE.

World Bulletin of

Management

and

Law

,

18

,

128-134.

Retrieved

from

https://scholarexpress.net/index.php/wbml/article/view/2061