The USA Journals Volume 03 Issue 07-2021
35
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
July 30, 2021 |
Pages:
35-45
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue07-06
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‘
ABSTRACT
This article highlights the reforms carried out in the field of judiciary in Uzbekistan today, its essence,
the issues of ensuring reliable protection of the rights and interests of citizens and business entities
protected by law through the court are covered. Also, the article analyzes the radical reform of the
judicial system in the last 4 years, the establishment of a new judicial system in the country as a result
of reforms, in particular, the implementation of major reforms in the system of selection and
appointment of judges, openness to the judicial system and the introduction of information and
communication systems in this area.
KEYWORDS
Judicial, reforms, rights, protect, regulate, аnalyze, transparency, information, technology, activity.
INTRODUCTION
I. Courts Republic of Uzbekistan: current state
and development prospects
An independent and strong judiciary is a key
factor in a democratic State governed by the
rule of law.
In recent years, at the initiative of the President
of Uzbekistan Shavkat Mirziyoyev, a radical
reform of the judicial and legal system has been
carried out in the country, which is expressed
in strengthening measures to reliably protect
the rights and legitimate interests of citizens
and entrepreneurs, effectively ensure justice,
and increase the role of the judicial community.
Uzbekistan has entered a new stage of its
development, which is based on a five - year
Judicial And Legal Reforms At A New Stage
Saydakhmedov Umid Murodovich
PhD, Associate Professor Of The Department Of “Economic Law” Supreme School Of Judges At
The Supreme Judicial Council 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.
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The American Journal of Political Science Law and Criminology
(ISSN
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July 30, 2021 |
Pages:
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Doi:
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Strategy of Action and a national idea: “From
national revival - to national progress”.
The policy of ensuring human rights and
freedoms and protecting private property is
consistently implemented, which ensures
internal stability and receives recognition from
the international community. In the process of
ensuring human rights and freedoms, the rule
of law, a new democratic image of the state is
being created.
Judges, as representatives of an independent
judiciary, contribute to the successful
development of the country, which is
facilitated by the reform of the judicial and
legal system.
Over the past four years, more than forty laws
and regulations have been adopted in the area
of judicial reforms. They have had a major
positive impact, both on the organization of
the judicial system and on the practice of
handling court cases.
It is worth mentioning the Decree of the
President of the Republic of Uzbekistan “On
measures to radically improve the structure
and increase the efficiency of the judicial
system of the Republic of Uzbekistan”,
according to which a unified state Register of
Legal Entities was created. The Supreme Court,
the highest div of judicial power in the field
of civil, criminal, administrative and economic
proceedings, which strengthened the judicial
power and created conditions for the
uniformity of judicial law enforcement
practice.
A new constitutional div is constantly
working to assist in ensuring compliance with
the constitutional principle of independence of
the judiciary in the Republic of Uzbekistan -
Supreme Judicial Council. It consists of judges,
representatives of the legal and scientific
community, and civil society institutions.
This div was formed, among other things,
taking into account the recommendations of
the Kiev Conference on the Independence of
the Judiciary of the Bureau for Democratic
Institutions and Human Rights of the
Organization for Security and Co-operation in
Europe. It is the Council that has the authority
to select and form a highly qualified judicial
corps.
It should be noted that the introduction of this
institution allowed for an open and
transparent formation of the judicial corps on
the basis of a competitive selection of
candidates for judicial positions from among
the most qualified specialists, to ensure the
true inviolability of judges and prevent
interference in their activities in the
administration of justice, to establish a
dialogue of the judicial community with the
population. In the course of the reform,
qualification requirements and mechanisms for
selecting candidates for judicial positions have
been strengthened. The age limit for
candidates for judges has been raised to 35
years.
Judges are now appointed or elected for an
initial five-year, subsequent ten-year and
indefinite term of office, which ensures the
stability of the judiciary and strengthens the
independence of judges.
This innovation fully meets the requirements of
modern international and foreign experience.
In accordance with article 12 of the UN Basic
Principles on the Independence of the Judiciary
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of 29 November 1985, judges who are
appointed or elected have a guaranteed term
of office until mandatory retirement or
expiration of their term of office, where
applicable. In practice, this means that a judge
retains his or her position until he or she
reaches the age limit.
This measure has become the main guarantee
of the permanent status of judges – one of the
most
important
elements
of
their
independence. It is significant that at present
this norm is fully implemented in the law
enforcement practice of our country.
Uzbekistan
has
consistently
developed
organizational and legal mechanisms aimed at
ensuring comprehensive protection of judges,
as well as their immunity.
Liability for interference in the activities of
judges in the administration of justice is
established. The legislation stipulates that
influencing judges in any form in order to
prevent a comprehensive, complete and
objective consideration of a particular case or
to obtain an illegal court decision entails
criminal liability in accordance with the law.
Specifically, for this purpose, the Supreme
Judicial Council has created a special structure
that ensures the inviolability of judges. This
structure actually protects judges from the
above-mentioned illegal interference in their
activities, which also strengthens their
independence and inviolability.
The existing procedure for training candidates
for judicial positions has changed dramatically.
The Supreme School of Judges operates
successfully, providing advanced training of
judges on the basis of the educational process
as close as possible to judicial practice. The new
educational system makes it possible to
improve candidates’ theoretical knowledge,
train them in professional ethics, psychology,
business
communication
and
time
management
skills,
negotiation
tactics,
information technology, and interpretation
and application of legal norms.
In recent years, significant work has been
carried out to establish the court as an
independent and independent branch of
government, transforming it from a repressive
div in the past into a truly independent
institution of the state, designed to reliably
protect and protect human rights and
freedoms.
Adopted in the first years of independence
Criminal and Criminal Procedure Codes The
Republic of Uzbekistan has laid the legal
foundation for effective protection of
individuals from criminal attacks, protection of
the rights and freedoms of citizens, the
interests of society and the State, and ensuring
the rule of law and order.
Over the past years, the criminal and criminal
procedure
legislation
has
undergone
significant changes aimed at improving its
norms, implementing advanced international
standards and foreign practices in order to
unconditionally ensure the rights and
freedoms of citizens involved in criminal
proceedings.
In particular, criminal legislation was further
liberalized and certain categories of crimes
were decriminalized, and the list of non-
custodial sentences was expanded.
Comprehensive
measures
have
been
implemented to expand the scope of the
Habeas Corpus Institute, introduce a simplified
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procedure for criminal proceedings, and
further strengthen guarantees of citizens’
rights
and
freedoms
in
judicial
and
investigative activities.
Since the beginning of 2021, the principle
of
“one
court-one
instance”
has
been
implemented:
Courts of general jurisdiction of the
Republic of Karakalpakstan, regions and
the city of Tashkent were formed on the
basis of regional and equivalent courts for
civil cases, criminal cases and economic
courts,
while
maintaining
strict
specialization of judges and forming
separate judicial boards by types of legal
proceedings;
The powers of administrative courts to
consider cases of administrative offenses
have been transferred to criminal courts;
Inter-district administrative courts have
been established in the centers of the
Republic of Karakalpakstan and regions,
the city of Tashkent, specializing in the
consideration of cases arising from
administrative and other public legal
relations, with the abolition of district (city)
administrative courts in this regard and the
preservation of administrative courts of
the Republic of Karakalpakstan, regions
and the city of Tashkent;
The right to appeal decisions of the
Supreme Qualification Board of Judges of
the Republic of Uzbekistan, as well as
qualification boards of judges of courts of
the Republic of Karakalpakstan, regions
and the city of Tashkent is granted to the
Supreme Judicial Council.
The institution of supervisory review of court
cases was abolished, as well as the rights of the
Chairman of the Supreme Court, the
Prosecutor General of the Republic of
Uzbekistan and their deputies to file a
supervisory protest against court decisions,
sentences, rulings and decisions were
abolished.
So, if before 2017, according to the procedural
legislation, there were six instances of
consideration of court cases, but now these
instances have become four.
First instance
district (city) courts, (in some
complex cases, regional courts);
Appeal instance
(regional courts), (in some
complex cases considered by regional courts,
the Supreme Court;
Cassation instance
(Supreme Court);
Repeated cassation review
(based on the
protest of the Chairman of the Supreme Court,
the Prosecutor General of the Republic of
Uzbekistan or their deputies).
As a result of the introduction of the one-court-
one-instance principle, the quality of case
handling has improved in a short period of
time, and citizens’ confidence in the courts has
increased.
Historical
transformations
have
been
implemented that will allow improving and
optimizing the judicial system of Uzbekistan,
taking into account modern requirements and
international standards in the field of justice.
The law eliminates unnecessary bureaucratic
obstacles in providing judicial protection and
eliminates duplicate stages of reviewing
judicial acts. The judicial system has been
brought in line with modern international
standards in order to increase the level of
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access of citizens and entrepreneurs to justice
and improve the quality of court proceedings.
II. Transparency of judicial systems
Transparency of the judicial system, ensuring
awareness of decisions taken, the rights and
freedoms of citizens, protecting legitimate
interests, and introducing legal mechanisms of
public control over the judicial system are
important tasks for the further development of
democratic reforms in our country.
Ensuring the openness and transparency of the
judicial system and the openness of judicial
proceedings are important components of
democratic procedural forms of judicial
proceedings and serve as an important legal
guarantee in ensuring the rule of law and the
rights of participants in judicial proceedings.
Transparency of judicial activity strengthens
people’s confidence in the judicial system,
media coverage of open trials ensures public
control over the judicial system and is of great
educational importance.
One of the important stages of ensuring the
transparency of judicial proceedings was the
adoption of the Resolution of the Plenum of
the Supreme Court №4 of February 21, 2020
“On ensuring the transparency of judicial
proceedings and the right to information about
the activities of courts”.
The openness of court sessions is ensured by
hearing cases in open court sessions, access to
which is not restricted, that is, every person
who has shown an interest in hearing the case
can freely be in the courtroom during the
consideration of the case.
But at the same time, representatives of the
media, along with being present as listeners of
the trial, were not always allowed to enter the
hall as journalists.
This resolution explains that transparency of
judicial proceedings, timely and objective
informing of the public about the activities of
courts, raising the level of legal awareness in
society are an important guarantee of justice,
public control over the judicial system and an
effective tool for increasing public confidence
in the judicial system.
If the participation of media representatives in
the court session was provided for by law, this
norm was declarative. This resolution clarified
the
procedure
for
allowing
media
representatives to participate in the court
session. That is, in open court sessions, video
and audio recordings can be made with the
permission of the presiding judge or the judicial
board.
Currently, the system of online broadcasting of
trials has been launched and continues to be
gradually implemented in all courts, which
allows you to monitor the progress of cases in
the courts of the republic on the website of the
Supreme Court.
In the courts of Uzbekistan, there are no
restrictions on the presence of representatives
of the mass media, including television, in open
trials. With the permission of the presiding
judge, representatives of the mass media may
take photos and videos during the court
session or part of it.
All these measures fully ensure the openness
and transparency of the administration of
justice.
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III. Introduction of modern information and
communication technologies in the activities
of courts.
One of the important areas of reforms is the
introduction of modern information and
communication technologies in the judicial
system, timely consideration of citizens’
appeals.
One of the starting points for ensuring the
transparency of the judicial system was the
Decree of the President of the Republic of
Uzbekistan dated July 13, 2018 "On measures
to further improve the judicial and legal system
and increase confidence in the judicial
authorities", in accordance with which the
practice of the procedure for systematic
publication of court decisions on the website
of the Supreme Court of the Republic of
Uzbekistan was introduced, clarification of the
content of the adopted judicial document to
the participants of the trial after its
announcement was introduced into judicial
practice.
Much attention is paid to the introduction of
the latest information technologies in the work
of courts. To date, all courts have implemented
an electronic court procedure system that
allows remote consideration of court cases.
In addition, the system allows civil and
economic courts to accept claims and
applications in electronic format. In the first
year of the system's operation alone, civil
courts received more 440 than 440,000
applications through the electronic court
procedure system, which accounted for 40
percent of all applications received. With the
help of the system, citizens and legal entities
can pay state fees, court costs, fines, and other
penalties determined by a court decision to the
state budget, and receive notifications and
court decisions in electronic form. The system
provides access to information about the
location of courts, the date and time of
consideration of all court cases, and the ability
to view any court decision in full or anonymized
form. Some of the information is available in
the Internet bot associated with the system.
In accordance with the recommendations of
the monitoring mission of the Organization for
Economic Cooperation and Development,
automatic distribution of cases has been
introduced in all courts of Uzbekistan using the
system.
The system keeps records of court cases,
controls the terms of their consideration,
forms an automated unified database of court
documents and court reports.
In his Message to the Oliy Majlis of the Republic
of Uzbekistan on December 29, 2020, the
President stressed that “Further expansion of
the digitalization of the judicial system will
create an opportunity for our citizens to submit
appeals online, without having to visit court
buildings. Also, citizens will be able to remotely
monitor the progress of consideration of their
applications.”
To date, the courts of the Republic of
Uzbekistan are equipped with modern means
of
information
and
communication
technologies, a single electronic database has
been introduced, a video conferencing system
makes it possible to hold open court sessions,
ensuring the participation of parties and
participants in the process who are located in
different regions of the republic at the same
time. This advantage made it possible to
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consider the merits of the case in a short time,
save money on ensuring the presence in the
courtroom of both convicted persons, to be
punished by the type of imprisonment, and all
other participants in the process.
Since October 2018, the courts of first instance
have fully implemented software that allows
them to automatically distribute cases evenly
among judges, excluding the human factor,
based on the principles of fairness and
impartiality.
Statistics: 1,862,076 cases, including 75,506 in
criminal courts, 363,034 in civil courts, 979,300
in administrative courts, 444,236 in economic
courts, were distributed among judges
automatically.
In April 2018, the practice of sending court-
issued enforcement documents signed with a
judge's
electronic digital
signature to
enforcement agencies in electronic form was
introduced
using
the
integration
of
information systems of the Supreme Court and
the Enforcement Bureau.
Statistics: 1,442,820 executive documents,
including 67,742 by criminal courts, 524,657 by
civil courts, 341,893 by administrative courts,
508,528 by economic courts, were sent
electronically through the information system.
Since January 2019, the practice of forming
cases in electronic form in economic courts has
been launched in order to store case
documents exclusively in electronic form and
create an electronic archive.
Statistics: 27,543 electronic economic cases
were generated.
On June 1, 2020, an electronic archive was
created in the information system for the
purpose of separate archiving of court cases
formed in electronic form.
Statistics: 12,850 cases were sent to the
electronic archive.
Starting from September 2014, the procedure
for holding court sessions using a video
conferencing system was introduced.
This system has the following advantages:
Participation in court sessions without the
need for participants to leave their region;
Saving time and money of citizens when
participating in the court process;
Full provision of the parties ' participation
in the legal process.
Statistics: 207 courtrooms are fully equipped
with this system, 24,875 court sessions were
held in this mode, according to the results of
which 57,999 participants saved 17.7 billion
soums.
Since February 1, 2019, the procedure for
sending to the courts by administrative bodies
data on the collected documents of cases of
administrative
offenses
and
obtaining
information related to the consideration of the
case, exclusively through the integration of the
information system in electronic form, has
been introduced.
Statistics: This system received information
about 792,639 administrative cases.
Since February 1, 2020, the procedure for
sending data on collected documents of
criminal cases to the courts by investigative
bodies and obtaining information related to
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the consideration of the case has been
introduced exclusively through the integration
of an information system in electronic form.
Statistics: Information on 26,748 criminal cases
was received through this system.
One of the most important tasks is to increase
the efficiency of judicial proceedings, open
information about the activities of courts, as
well as improve information systems and
resources that expand the list and improve the
quality of interactive services provided to the
population and business entities.
The Supreme Court has also done some work
in this direction.
In particular, for the purpose of using
interactive services provided by courts to
individuals and legal entities at a single
address, informing the public about the types
of interactive services provided by courts at a
single address, and simplifying the procedure
for using interactive services provided by
courts to individuals and legal entities.
Interactive Services Portal Supreme Court
(my.sud.uz).
The portal provides the following interactive
services to the population and business
entities:
In January 2018, in the “Request” section
(exsud.sud.uz) it is possible to send appeals to
the courts in electronic form, monitor the
process of their consideration online, and
receive court decisions in electronic form.
In April 2019 implemented, a unified electronic
payment system was introduced for recording
state fees and court fees through the
“Electronic
Payment
System”
section
(billing.sud.uz) in order to create the following
amenities:
When making payments for applying to the
court, the bank settlement account and
other details are not filled in manually;
Payments made do not require a separate
payment confirmation from the bank;
Payment can be made in any way (including
through the electronic mobile payment
systems “CLICK”, “Payme” and “Upay”);
Payments made on the basis of a court
decision are also made through this system
and there is no need to provide the court
with supporting information.
This system is used to ensure the efficiency and
accuracy of mandatory payments made when
citizens and entrepreneurs apply to the court.
Statistics: 7008 payments worth $ 9.8 billion
were made through the system.
In December 2018, the practice of systematic
publication of court decisions that have
entered into legal force was introduced in the
“Decision Bank” section (public.sud.uz).
Statistics: 1,444,248 court decisions were
including 81,730 by criminal courts, 361,336 by
civil courts, 724,610 by administrative courts,
and 276,572 by economic courts.
In January 2018, in the “Samples” section
(template.sud.uz) posted samples of claims
and applications to civil and economic courts.
In January 2018, in the "Calculator" section
(calculate.sud.uz there is an electronic
calculator that automatically calculates the
amount of state duty that must be paid when
applying to civil and economic courts.
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In September 2018, an opportunity was
created to get acquainted online with the list of
cases scheduled for consideration in the first,
appeal and cassation instances, through the
“Schedule” section (jadval.sud.uz).
In February 2020, a system of remote online
registration for a personal appointment with
the leadership of the Supreme Court was
introduced through the “Electronic reception”
section (qabul.sud.uz).
In June 2020, in the section “Online tracking”
(my.sud.uz) in test mode, an information
system is placed that allows you to track online
the progress of consideration of appeals,
regardless of their form of submission to the
court.
In order to digitalize the activities of judicial
authorities, determine measures to improve
the exchange of information between courts
and other departments, and bring this area to
the next level, on September 3, 2020, the
President signed Decree №PD-4818 “On
measures to digitalize the activities of judicial
authorities”.
This resolution sets the following tasks for the
further stage of digitalization of the activities
of judicial authorities:
Expanding the types of interactive electronic
services provided to citizens and business
entities, ensuring online monitoring of the
process of reviewing each application, creating
the possibility of free use of interactive services
in court buildings;
Further expansion of electronic mutual data
exchange with ministries, departments and
other organizations to ensure prompt
acceptance of information necessary for the
administration of justice in the courts;
Ensuring openness and transparency of the
judicial community’s activities through the
introduction of special information programs;
Expanding
the
possibility
of
remote
participation in court sessions, including
through mobile devices and other forms of
electronic interaction, as well as creating
conditions for receiving court decisions online
by the parties to the case in online mode;
Strengthening measures to ensure information
and cybersecurity of information systems,
databases and other software products, as
well as comprehensive protection of official
information and data of judicial authorities.
In order to implement these tasks, the program
of digitalization of the activities of judicial
authorities in 2020-2023 was approved, which
provides for:
Recording of court sessions in all courts by
means of audio recording based on the request
of the parties to the case and with the consent
of the presiding judge, as well as forming
minutes of court sessions using this system;
Automatic distribution of cases between
judges in courts of appeal and cassation
instance;
Notify all participants of the time and place of
the court session by sending SMS messages on
a free basis;
Submission of court decisions to the parties in
the case online, at their request ― in paper
form;
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Organization of providing about 10 interactive
services in order to create convenience in the
activities of judicial authorities, including
citizens and business entities, in achieving
justice.
In addition, it is being implemented in the
activities of courts Complex of information
systems “Adolat”, which provides the
following features:
Submission of claims, applications and
complaints to the courts by state and
administrative
authorities,
local
state
authorities, economic management bodies and
lawyers exclusively in electronic form;
Monitoring by interested parties of the
processes
of
consideration
of
claims,
applications and complaints online;
Sending information and documents by
participants of the court session in electronic
form;
Automatic generation of court documents
using an information system implemented in
the activities of courts.
One of the important tasks in the next phase of
digitalization activities of the courts is to
develop a mobile app that provides the
opportunity to participate in court proceedings
in the video mode with the introduction of it
into practice, as well as the establishment of a
system ensuring the participation of persons
placed in institutions for the execution of the
punishment in the judicial process and personal
methods of guiding ships directly from the
places of their deployment through video
conference.
In October 2020, in the section “Video
Conferencing” (vka.sud.uz) has introduced
mobile video conferencing in a pilot mode,
which allows you to participate in court
sessions from anywhere in the world using
modern means (gadgets).
Statistics: 78 court sessions were held using
this system.
Since October 2020, a video conferencing
system has been installed between courts and
institutions for the execution of sentences
система видеоконференцсвязи.
The introduction of this system eliminated the
need to escort defendants and prisoners, as
well as other persons involved in the case, in
order to ensure their participation in court
sessions.
Statistics: 913 court sessions were held using
this system.
From January 1, 2021, a system for recording
court sessions in all courts was introduced by
means of audio recordings based on the
request of the parties to the case and with the
consent of the presiding judge, as well as the
formation of court minutes using this system.
Statistics: thanks to the installation of audio
recording equipment in 395 courtrooms, it is
possible to conduct court sessions using this
system in 583 courts.
A procedure has been introduced for courts to
obtain the necessary information and
documents directly from state bodies and
organizations in electronic form during the
consideration of a particular case, without
creating inconveniences for citizens, by
integrating the information system of the
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2693-0803)
Published:
July 30, 2021 |
Pages:
35-45
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue07-06
I
MPACT
F
ACTOR
2021:
5.
952
Supreme Court with the information systems
of 17 state bodies and organizations.
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