The USA Journals Volume 03 Issue 10-2021
21
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
October 30, 2021 |
Pages:
21-24
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue10-05
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
This article provides the theoretical and legal analysis of the ongoing judicial reforms in the Republic
of Uzbekistan, the issues of the independence and inviolability of judges, the inadmissibility of
interference in the administration of justice, the secrecy of judicial meeting, inadmissibility of
disrespect towards judges, the liability for interference into the inviolability of judges.
KEYWORDS
Independence Of Judges, Immunity Of Judges, Justice, Disciplinary And Administrative Liability Of
Judges, Humanity, Legitimacy, Fairness, Impartiality And Transparency, Protection Of Justice.
INTRODUCTION
The independence and inviolability of judges,
the state's guarantee of non-interference in
their activities, and the high level of material
and social security are the factors that lead to
a lawful, fair and just court decision.
The UN Basic Principles on the Independence
of the Judiciary state the essential aspect of
the Independence of judges as: “The
independence of the judiciary is guaranteed by
the state and enshrined in the country's
constitution or laws. All state bodies and other
institutions must respect and adhere to the
independence of the judiciary.”[1]
The Universal Charter of the Judges, which was
adopted by the International Association of
Judges, states that “The independence of the
judge is indispensable to impartial justice under
the law. It is indivisible. All institutions and
authorities, whether national or international,
must respect, protect and defend that
independence.” [2]
Main Guarantees Of The Independence Of Judges
Hamidov Anvar Muzafarovich
Lecturer At The Department Of Administrative Law At The Supreme School Of Judges Under
The Supreme Judicial Council Of The Republic Of Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
The USA Journals Volume 03 Issue 10-2021
22
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
October 30, 2021 |
Pages:
21-24
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue10-05
I
MPACT
F
ACTOR
2021:
5.
952
The unconditional observance of the law by a
judge,
the
honest
and
conscientious
performance of his/her official duties are
crucial in maintaining the honor, dignity and
business reputation of a judge and the
reputation of the court system in general.
While carrying out his/her professional activity,
a judge shall strictly follow the terms of the
Constitution and other laws of the Republic of
Uzbekistan; prevent any external influences;
resist threats, pressure and illegal influence,
direct or indirect interference in the judicial
process; and ensure the protection of human
rights and freedoms of citizens, honor and
dignity, property interests of institutions,
enterprises and organizations.
The Article 112 of the Constitution of the
Republic of Uzbekistan guarantees the
fundamental terms such as the Independence
of judges, their obedience to the law, the
inadmissibility of any interference in the
administration of justice and the fact that such
interference is punishable by law. [3]
It should be noted that the concept of
inviolability of judges play an important role in
ensuring that they are independent and
subject only to the law. The independence and
inviolability of judges are guaranteed by the
Constitution of the Republic of Uzbekistan, the
Law "On Courts" and the Law "On the Supreme
judicial council of the Republic of Uzbekistan".
According to these provisions, the main
guarantees of the Independence of judges are
the establishment of strict procedures by the
law of the selection, appointment, termination
of judges from the office; establishment of
strict procedures for the administration of
judges, the safeguards of their inviolability and
secrecy of the deliberations of judges in
making decisions and the prohibition of the
inquiries of their disclosure; imposition of
liability for the acts of interference in the
administration of justice and violation of
judges` integrity as well as provision of material
and social security for judges at the expense of
the state.
The principle of the inviolability of judges,
which is one of the main guarantees of the
Independence of judges, is a constitutional
principle that from the basis of justice.
The inviolability of a judge plays an important
role in preventing the restriction of the rights
of judges in the administration of justice and
limiting any interference with them in the
performance of this task. Therefore, according
to the current legislation, any signs of
disrespect or any other actions of blatant
disregard towards a judge will result in a
liability under the law.
Influencing judges in any way in order to
prevent a particular case from being
considered comprehensively, completely, and
impartially, or to obtain an illegal court
decision, is punishable under the law.
The inviolability of judges applies to all judges,
regardless of the level of the judiciary or the
type of case.
In accordance with the new Law of the
Republic of Uzbekistan "On Courts", the
identity of the judge is subject to immunity. The
inviolability of a judge shall apply to his
residence, office, means of transport,
correspondence, belongings and documents.
[4]
In order to ensure the personal safety of
judges, they shall be provided with service
The USA Journals Volume 03 Issue 10-2021
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The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
October 30, 2021 |
Pages:
21-24
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue10-05
I
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ACTOR
2021:
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952
weapons and personal protective equipment
with the right to keep, carry and use them
according to the list established by the
Chairman of the Supreme Court of the Republic
of Uzbekistan. If necessary, by the decision of
the chairman of the relevant court, the div of
internal affairs shall provide armed guards for
the judge and his family.
Criminal proceedings against a judge may be
instituted only by the Prosecutor General of
the
Republic
of
Uzbekistan.
Criminal
proceedings may not be instituted without the
decision of the Supreme judicial council of the
Republic of Uzbekistan and without the
consent of the Plenum of the Supreme Court of
the Republic of Uzbekistan.
The summoning of a judge to law enforcement
agencies for questioning as a witness or
suspect shall be allowed only with the consent
of the relevant panel of judges.
A measure of restraint in the form of detention
against a judge may be applied only in cases,
when he has been charged with a serious crime
or a crime with intention that has resulted in
the death of a person. This rule also applies to
a former judge, who has been accused of
committing such a crime during his tenure as a
judge.
If a judge is detained on suspicion of
committing an offense, the Supreme judicial
council of the Republic of Uzbekistan must be
notified no later than three hours from the
moment of his arrest, with copies of the
documents on which the detention is based.
Access to the judge's residence or office or
transportation, their inspection, search or
seizure of items from them, accessing a
telephone conversation of a judge, inspecting
a judge personally, his correspondence,
belongings and documents may be performed
only by a court decision or with the permission
of the Prosecutor General of the Republic of
Uzbekistan.
These legal norms mean that judges cannot be
subjected
to
unjustified
criminal
and
administrative liability or be personally
searched and examined in a manner not
prescribed by law.
On December 7, 2020, the Presidential Decree
"On
measures
to
ensure
the
true
independence of judges and increase the
effectiveness of prevention of corruption in
the judiciary" was issued. This decree is aimed
at ensuring the true independence of judges
and to raise the confidence of citizens in justice
to a new level.
The decree provides for the creation of legal
mechanisms to protect the professional
activity of judges in the administration of
justice from any external influences, to
maintain the transparency in the processes of
selection, training, appointment of judges, to
ensure impartiality and transparency in the
process of evaluation of judges, to introduce
the modern information technologies in these
processes, as well as to prevent corruption
among judges and court staff. [5]
Additionally, newly introduced measures, such
as submitting annual reports to the President
by the Chairman of the Supreme judicial council
about the factors hindering the administration
of justice as well as the establishment of the
Judicial inspectorate for immunity and
prevention of corruption at the Supreme
judicial council of the Republic of Uzbekistan,
have become important initiatives towards
The USA Journals Volume 03 Issue 10-2021
24
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
October 30, 2021 |
Pages:
21-24
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue10-05
I
MPACT
F
ACTOR
2021:
5.
952
ensuring the true independence of the judiciary
and strengthening the confidence of citizens in
justice further.
If cases of interference with the inviolability of
judges occur, the Chairman of the Supreme
judicial council of the Republic of Uzbekistan
submits a proposal to the prosecutor's office
to investigate the case. The application shall be
considered by the prosecutor's office and the
Prosecutor General's Office of the Republic of
Uzbekistan notifies about the initiation or
refusal to institute criminal proceedings.
This, in turn, plays an important role in ensuring
the immunity of judges, as well as the
strengthening the confidence in the judicial
system by the head of the state.
In conclusion, it should be noted that the
Constitution of our country and the laws
adopted on this basis are important in
enhancing the prestige of the judiciary in
society, ensuring the true independence of
judges and the fact that they act only on the
basis of the law. When a citizen comes to court
with the hope to find a justice, he can develop
trust in the system with such qualities as true
humanity, legitimacy and justice. According to
the words of the head of our state, our main
goal should be aimed at strengthening the
confidence of our people in the judiciary by
protecting the rights and freedoms of citizens
and turning the court into a real "Adobe of
justice".
REFERENCES
1.
Basic principles of independence of the
judiciary, adopted by the Seventh United
Nations Congress on Crime Prevention and
the Treatment of Offenders held in Milan
from 26 August to 6 September 1985 and
approved by UN General Assembly
Resolution 40/32 of 29 November 1985. //
International law enforcement documents:
collection. –Tashkent: “Adolat”, 2004. –B.
110-11.
2.
Universal Charter of Judges, International
Association of Judges. November 17, 1999.
3.
The Constitution of the Republic of
Uzbekistan. “Uzbekistan” 2018. – p.76.
4.
Law of the Republic of Uzbekistan "On
Courts" // National Database of Legislation,
29.07.2021, No. 03/21/703/0723.
5.
Decree of the President of the Republic of
Uzbekistan dated December 7, 2020 No PF-
6127 "On measures to ensure genuine
independence of judges and increase the
effectiveness of prevention of corruption
in the judiciary" // National Database of
Legislation, 07.12.2020, 06 / 20/6127/1609-
son.
