The American Journal of Political Science Law and Criminology
32
https://www.theamericanjournals.com/index.php/tajpslc
TYPE
Original Research
PAGE NO.
32-35
10.37547/tajpslc/Volume07Issue06-06
OPEN ACCESS
SUBMITED
12 April 2025
ACCEPTED
08 May 2025
PUBLISHED
17 June 2025
VOLUME
Vol.07 Issue06 2025
CITATION
Mavluda Boboraimova. (2025). Judicial Provision Of The Right To
Reinstatement: Legal Basis And Practical Problems. The American Journal
of Political Science Law and Criminology, 7(06), 32
–
35.
https://doi.org/10.37547/tajpslc/Volume07Issue06-06
COPYRIGHT
© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.
Judicial Provision Of The
Right To Reinstatement:
Legal Basis And Practical
Problems
Mavluda Boboraimova
Judge of the Mirzo-Ulugbek Interdistrict Court for Civil Cases, Uzbekistan
Abstract:
This article analyzes the legal basis and
practical significance of the right to appeal to the court
in disputes regarding reinstatement. The right to judicial
protection is one of the constitutional and inalienable
human rights, and this right also serves as an important
guarantee in labor relations. The Constitution of the
Republic of Uzbekistan, the Labor Code, the Law "On
Courts," and international legal documents, including
the Universal Declaration of Human Rights, widely cover
the right to appeal to the court. In particular, the new
edition of the Labor Code clearly defines the procedure
for considering claims for reinstatement in court. At the
same time, it was indicated that there are some
problems, ambiguities, and norms in the legislation
leading to various interpretations in the restoration of
labor rights of rehabilitated persons. The article takes a
systematic approach to these issues.
Keywords:
Reinstatement, court appeal, labor law,
rehabilitation, legal mechanism, human rights, judicial
protection, dispute, legal problem, procedural order,
civil cases.
Introduction:
Today, the judicial and legal system in our
country is being consistently improved and modernized.
Based on advanced foreign experience in the
implementation of reforms, it is proposed to improve
the activities of courts and raise them to the stage of
formation as a single div for the protection of the
rights and freedoms of individuals and legal entities.
In the Republic of Uzbekistan, the right to appeal to the
court is recognized as one of the most fundamental and
inalienable rights of citizens, as evidenced by the fact
that from the first days of independence, that is, on
December 30, 1991, our country joined the "Universal
Declaration of Human Rights[1]."
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The American Journal of Political Science Law and Criminology
According to international and national norms, the
right to judicial protection is guaranteed, and not only
labor rights of citizens, but also the possibility of
judicial protection of any violated right is guaranteed.
In particular, Article 23 of the Universal Declaration of
Human Rights states that "everyone has the right to
work, to a free choice of occupation, to fair and
favorable working conditions, and to protection
against unemployment," and according to Article 8 of
the Declaration, "everyone has the right to effective
restoration of these rights by authoritative national
courts in cases of violation of the fundamental rights
granted to him by the Constitution or law. [2]"
This international norm guarantees citizens' labor
rights and the right to apply to the court for the
restoration of their violated rights and the realization
of their legitimate interests.
Protection of citizens through judicial bodies is an
integral and decisive part of the mechanism for
protecting human rights and freedoms. Because the
court is the most important tool in the system of
restoring the violated rights and freedoms of citizens.
Every person is guaranteed judicial protection of their
rights and freedoms, the right to appeal to the court
against illegal actions of state bodies, officials, and
public associations. It has been declared that the
judiciary in the Republic of Uzbekistan acts
independently of the legislative and executive
branches, political parties, and other public
associations.
According to Article 42 of the Constitution, everyone
has the right to decent work, free choice of profession
and type of activity, working in favorable working
conditions that meet safety and hygiene requirements,
receiving fair remuneration for their work without any
discrimination and not less than the established
minimum wage, as well as protection from
unemployment in the manner prescribed by law.
Article 55 of the Constitution guarantees everyone the
right to judicial protection of their rights and freedoms,
to appeal to the court against illegal decisions, actions,
and inaction of state bodies and other organizations,
their officials, and to restore violated rights and
freedoms, to ensure that their case is considered by a
competent, independent, and impartial court within
the time limits established by law.
At the same time, according to Article 14 of the Law
"On Courts," "Citizens of the Republic of Uzbekistan,
foreign citizens and stateless persons have the right to
judicial protection from any unlawful decisions of state
and other bodies, actions (inaction) of their officials, as
well as from encroachments on their life and health,
honor and dignity, personal freedom and property,
other rights and freedoms. Legal entities also have the
right to judicial protection."
The norms of this legislation mean the right to apply to
the court in the general procedure and do not restrict
the right of employees to apply to the court with a claim
for reinstatement. Citizens can be protected through
the courts not only in cases of violation of labor rights,
but also in cases of damage caused as a result of the
actions or inaction of housing, family, contract, and
other citizens and officials.
The right to judicial protection is one of the most
important, eternal, inalienable human rights. In recent
years, the need for strong, effective, prompt, and
competent judicial protection has significantly
increased, acquiring particular significance in the
context of economic, social, and political reforms.
The relevance of the problem of human rights in
Uzbekistan is directly related to the introduction into
legal practice of international standards, which emerge
not only as a criterion, but also as a direction of social
development.
The methods of resolving contradictions arising
between the individual and the state are of fundamental
importance. At the same time, it should be noted that a
major step towards the democratization of society is
associated with the establishment of the procedure for
appealing to the court on behalf of the state against
illegal actions of its bodies and officials that violate the
rights of citizens, and the introduction of the institution
of the Human Rights Commissioner[3].
Applying to the court is one of the guarantees of the
right to judicial protection, the rights and freedoms of
citizens. Judicial protection is one of the main means of
state protection of the rights, freedoms, and legitimate
interests of citizens, which is carried out by ensuring
justice.
Appealing to the court is an inalienable right of a person,
and no one can be deprived of such a right. The
inalienability of a person's right to appeal to the court is
expressed in the fact that even a person cannot
renounce such a right. A person may not consider it
necessary to apply to the court on a specific issue and
may not apply to the court, since this is not an
obligation, but a right of the person. However, refusal to
apply to the court and waiver of the right to apply to the
court are different concepts, and the law excludes the
waiver of the right to apply to the court[4].
The right to apply to the court for reinstatement is
regulated by special legislative acts, namely labor and
procedural legislation.
In particular, according to Article 545 of the new edition
of the Labor Code, an employee has the right, at their
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The American Journal of Political Science Law and Criminology
choice, to apply to the labor dispute commission or
directly to the court for the resolution of an
employment dispute.
Article 558 of this Code establishes that, regardless of
the grounds for termination of the employment
contract, disputes on reinstatement at work, on
changing the date and the formulation of the grounds
for termination of the employment contract, on
payment for forced absence from work or for the time
of performance of low-paid work are considered
directly in court.
Article 559 of the Code establishes that an employee
has the right to apply to the court for the consideration
of an individual labor dispute.
Also, according to Article 3 of the Civil Code, any
interested person has the right to apply to the court
(court) in civil cases to protect their violated or
disputed right or legally protected interest in the
manner prescribed by the legislation on civil
proceedings.
Article 26 of the Code establishes that the following
cases fall under the jurisdiction of the civil court for
labor disputes.
At the same time, according to Article 39 of the Law
"On State Civil Service," a state civil servant, in case of
disagreement with the decision on rotation, has the
right to appeal to a higher state div or a specially
authorized state div or to a court[5].
According to Article 47 of this Law, a state civil servant
has the right to appeal the disciplinary sanction applied
to them to a higher state div or a specially authorized
state div or to a court.
As can be seen, appeals to the court for disputes
related to reinstatement are regulated on the basis of
general and special norms. Resolution of disputes on
reinstatement in court is an important way to protect
the labor rights and legitimate interests of an
employee.
It should be especially noted that as a result of the
changes taking place in our country, the rapid growth
of the labor market, the fact that most of the relations
between employees and employers are not regulated
by current labor legislation, has become clearly
evident. In this regard, a new system has been created
that adequately protects the labor rights of employees
by legislatively strengthening relations in the sphere of
labor.
In the new edition of the Labor Code, the labor rights
of an employee are sufficiently enshrined, and any
employee whose labor rights have been violated can
appeal to the labor dispute commission or directly to
the court.
However, in practice, there are some problems with
reinstatement, and problems arise with the restoration
of labor rights of rehabilitated persons.
In particular, according to Articles 304-310 of the
Criminal Procedure Code of the Republic of Uzbekistan,
the restoration of the rights of a rehabilitated person is
carried out on the basis of a court ruling, an
investigator's or prosecutor's decision. Let's start with
the court's ruling.
Consequently, according to the content of the above
articles, the court that issued the relevant verdict on the
rehabilitation of the person must restore the rights of
the rehabilitated person. Consequently, according to
Article 311 of the Criminal Procedure Code of the
Republic of Uzbekistan, the rehabilitated person, along
with their rights, has the right to apply to the court with
a corresponding claim in the order of claim proceedings
if their claim for restoration of labor rights is not
satisfied or if they disagree with the decision taken.
However, this legal norm does not clearly stipulate
which state div or official has the right to apply to the
court in the order of claim proceedings in cases where
the rehabilitated person's claim related to the
restoration of labor rights is not satisfied. Thus, the law
does not show the rehabilitated person the "right path."
This code is called the "right of claim."
If we pay attention to Article 312, it is provided that the
rehabilitated person may demand payment of monetary
compensation for property damage within two years
from the date of receipt of the ruling or decision to make
such payments, and the restoration of other rights
within one year from the date of receipt of a notification
explaining the procedure for restoring the rights of the
rehabilitated person. Consequently, no procedural
document will be adopted for the reinstatement of a
rehabilitated person, only an explanatory notification
will be sent to him.
The norm of this content leads to a number of
misunderstandings. The misunderstanding is related to
different interpretations of this norm, namely, firstly,
which div issues this letter, secondly, when it is issued,
thirdly, does the period begin after receiving an
explanatory notification from the div that
rehabilitated the person, or after receiving a notification
from the div or official authorized to restore the
person to work, fourthly, why the rehabilitated person
should be given an explanation, fifthly, what prevents
the rehabilitating div itself from restoring the person
to work, etc[6].
It should be especially noted that an important aspect
of the employee's right to apply to the court for
reinstatement is that the employee can apply to the
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The American Journal of Political Science Law and Criminology
court directly or through authorized bodies, and
according to the changes in the legislation, the
inclusion of justice bodies in the subjects applying to
the court in the interests of the employee is also
important, aimed at protecting the rights and legally
protected interests of employees.
Based on the foregoing, the right to apply to the court
in cases of reinstatement should be recognized as one
of the constitutional and inalienable human rights.
Although the Labor Code enshrines practical
guarantees of this right, in some cases, in particular, in
matters related to the reinstatement of rehabilitated
persons, there is a lack of clarity in the legal
environment. The mechanism of judicial protection is
not only a means of restoring rights, but also a real
expression of the state's attitude to human rights.
Therefore, it is advisable to simplify the procedure for
applying to the court, introduce clear and logical legal
mechanisms for resolving disputes related to
reinstatement, and establish a unified legal approach
to rehabilitated persons. This will serve to strengthen
citizens' trust and more effectively implement judicial
and legal reforms.
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