The USA Journals Volume 03 Issue 06-2021
122
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
June 30, 2021 |
Pages:
122-126
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-18
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
The scientific article examines the principles and problems of open and transparent functioning of
the courts, ensuring public participation in open court proceedings as one of the ongoing reforms in
the judicial system. Suggestions and recommendations have been developed for our national
legislation.
KEYWORDS
Transparency of court proceedings, open court session, public control, open court hearing, closed
and partially closed court session, judicial div.
INTRODUCTION
The purpose of the judicial reforms initiated
by the President of the Republic of Uzbekistan
Sh.M.Mirziyoev is, first of all, to strengthen
the image of the judiciary as an important
guarantee of effective protection of human
rights, freedoms and legitimate interests, to
ensure true independence of the judiciary and
to increase its role in building civil society.The
Action Strategy for the further development
of the Republic of Uzbekistan also identifies
important tasks in such a paragraph as
"Priorities for ensuring the rule of law and
further reform of the judicial system."
1
.
In
particular, research in the areas of establishing
public control over the administration of
justice, improving the powers of the
1
Decree of the President of the Republic of
Uzbekistan, dated February 7, 2017 No PD-4947 "On
the Action Strategy for further development of the
Republic of Uzbekistan." // Collection of Legislation
of the Republic of Uzbekistan, 2017, No. 6, Article
70.
Issues Of Improving The Legal Basis Of The Institute Of
Public Control In The Courts
Murodjon Abdumutal Oglu Shermatov
Basic Doctoral Student Of The Higher School Of Judges Under The Supreme Council Of Judges
Of The Republic Of Uzbekistan
Journal
Website:
http://theamericanjour
nals.com/index.php/taj
pslc
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 06-2021
123
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
June 30, 2021 |
Pages:
122-126
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-18
I
MPACT
F
ACTOR
2021:
5.
952
appointment and dismissal of chairmen and
judges is very important.
The issues of protection of human rights,
prevention of violations of human rights and
freedoms, administration of justice and
further deepening of democratic reforms in
the field are important. These issues are
becoming increasingly important, especially in
the context of deepening globalization. In this
direction, work is underway to strengthen the
role of the judiciary in the system of power, to
ensure the independence of the judiciary. In
short, in solving all the problems and tasks
before us, "the state should serve the
interests of the people, not the interests of
the state."
It should be noted that the concept of
"judicial system" is interpreted differently by
scholars.
For
example,
according
to
S.Razumov: “Judicial system is a set of all
courts that operate independently of the
legislature and the executive, are part of a
single judicial system and have common tasks,
principles of structure and operation of
justice,
and
exercise
judicial
power
independently through justice.”
2
According to D.Karpov, the judicial system of
the state consists of courts that deal with
constitutional, civil, criminal, administrative
cases, thereby using the legal procedures
established by law and performing only the
functions of resolving social conflicts.
3
These
2
Разумов С.Л. Понятие судебной системы /
Судебная система России. - М., 2000. - С. 114.
3
Карпов Д.В. Проблемы конституционно-
правового
гарантирования
правозащитной
функции
судебной
власти
в
Российской
Федерации: Автореф. дис. Канд. юрид. наук. Н.
Новгород, 2012.
concepts also apply to the judicial system of
Uzbekistan.
The legal documents adopted by the courts in
the performance of their duties are the final
decision-making div on all aspects of the
case, and the documents adopted by them are
of interest to the public. The judiciary should
be an institution that establishes justice. Also,
courts must make lawful, fair, and reasoned
decisions. Confidence in the judiciary among
the population should be high and this should
be demonstrated on a regular basis. It should
be noted that the role of the institution of
public control in the judicial system is great,
and improving their participation is an
important factor.
The Decree of the President of the Republic of
Uzbekistan dated July 13, 2018 "On measures
to further improve the judicial system and
increase confidence in the judiciary"
4
to
improve the institution of public control in the
courts has raised reforms in this area to a new
level.
According
to
the
decree,
the
participation of public control institutions in
the activities of the courts will be ensured, and
the practice of mobile court hearings in
mobile courts has reached a new level.
It is also necessary to cite the Resolution of
the Supreme Court of the Republic of
Uzbekistan dated February 21, 2020 "On
ensuring
the
transparency
of
court
proceedings and the right to receive
information on the activities of the courts."
5
4
National Database of Legislation, 21.01.2021, No.
06/21/6144/0052.
5
Resolution of the Supreme Court of the Republic of
Uzbekistan dated February 21, 2020 "On ensuring the
transparency of court proceedings and the right to
receive information on the activities of the courts." //
https://lex.uz/docs/4751577
The USA Journals Volume 03 Issue 06-2021
124
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
June 30, 2021 |
Pages:
122-126
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-18
I
MPACT
F
ACTOR
2021:
5.
952
The essence of this decision is that the
transparency of court proceedings, timely and
objective information to the public about the
activities of the courts will increase the level
of legal awareness in society. It is an
important guarantee of the administration of
justice, an effective means of ensuring public
control over the judiciary and increasing public
confidence in the judiciary.
That is, the purpose of the principle of
transparency in the courts is to strengthen
people's confidence in the judiciary, to ensure
public control over the trial through the
participation of the media in the trial.
Therefore, the principle of transparency in the
literature means the participation of all
persons, including representatives of the
media, in the consideration of their cases in
court. The principle of transparency allows for
the publication of court proceedings in the
media, in particular in newspapers, magazines,
broadcasting on radio and television, and, if
necessary, in mobile courts with the
participation of representatives of public
organizations and labor unions.
It should be noted that the principles of
transparency and openness applied to the
judiciary are reflected in a number of
international instruments governing the
organizational and legal issues of the judiciary
as one of the important manifestations of the
right to a fair trial. For example, Articles 10, 11,
19, 29 of the Universal Declaration of Human
Rights
6
, Articles 14 and 19 of the International
Covenant on Civil and Political Rights
7
, Article
6
Universal Declaration of Human Rights //
https://www.un.org/en/about-us/universal-
declaration-of-human-rights
7
International Covenant on Civil and Political Rights
13 of the Convention on the Rights of the
Child
8
and other documents. In the process of
building a new Uzbekistan, special attention is
paid to reforming the judiciary and improving
its constitutional and legal framework, as well
as ensuring the transparency of the judiciary.
At the same time, the process of
informatization of the judicial system in the
country is being carried out gradually. The use
of modern information technologies in the
judiciary, in particular, the introduction of
electronic document management systems,
the creation and implementation of judicial
information systems, the provision of services
to citizens through websites is the result of
ongoing reforms in the judiciary.
The involvement of modern information
technologies in the judicial system of the
Republic of Uzbekistan is also one of the main
directions of the ongoing reforms in the
judicial system of the country. This task is also
set out in the Action Strategy for the five
priority areas of development of the Republic
of Uzbekistan for 2017-2021.
In order to ensure timely resolution of
appeals, eliminate red tape, ensure openness
and transparency of the courts, as well as
further strengthen cooperation in this area
through
the
introduction
of
modern
information technologies and new types of
interactive judicial services, the President of
the Republic of Uzbekistan signed a decree on
September 3, 2020 "On measures to digitize
//
https://www.ohchr.org/en/professionalinterest/pages/
ccpr.aspx
8
Convention on the Rights of the Child //
https://www.ohchr.org/en/professionalinterest/pages/
crc.aspx
The USA Journals Volume 03 Issue 06-2021
125
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
June 30, 2021 |
Pages:
122-126
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-18
I
MPACT
F
ACTOR
2021:
5.
952
the activities of the judiciary"
9
which will
ensure that the activities of the courts meet
modern requirements.
The courts were tasked with the introduction
of modern information technologies, in
particular, electronic document exchange, the
development
and
implementation
of
information
resources
and
information
systems in the field, the provision of
interactive services in the judiciary.
On this basis, as a result of the introduction of
modern information and communication
technologies in the courts, the procedure for
remote access to courts, participation in court
hearings
using
videoconferencing,
the
mechanism of distribution of cases among
judges in the court of first instance and the
publication of court decisions on the Internet
execution systems were introduced. It can
also be seen through these systems that the
public is able to monitor, review and receive
information electronically about the activities
of the courts and the documents they receive.
In
addition,
information
systems
of
government agencies and organizations are
gradually being connected to the court
information system in order to further expand
the exchange of electronic data with
ministries, agencies and other organizations
to ensure the speedy receipt of information
necessary for the administration of justice in
the courts. This will reduce the time required
to obtain the documents required from the
institutions during the proceedings, and will
eliminate the unnecessary hassle of the
parties.
9
National Database of Legislation, 04.09.2020, No.
07/20/4818/1255
That is, by sending the information provided
by the courts to government agencies and
organizations
in
electronic
form,
the
information and documents required in the
process of a particular case are obtained by
the courts directly from government agencies
and organizations in electronic form without
disturbing citizens.
There was also a mechanism for distributing
lawsuits, complaints, and appeals between
judges in administrative, economic, civil, and
criminal cases under the e-judicial system
introduced in the courts. However, there was
no distribution of cases to judges using an
automated information system in appellate or
cassation proceedings when a complaint or
protest was lodged in an administrative,
economic, civil or criminal case before a court
of first instance.
Now, when considering cases in the courts of
appeal and cassation, the workload of judges
is taken into account, and the distribution of
cases among judges electronically prevents
the influence of those interested in the
outcome of the trial. It is also possible to
monitor this distribution system directly by
the public. In turn, this increases citizens'
confidence in justice.
Today,
modern
information
and
communication technologies introduced in
the activities of the courts are limited to video
conferencing
of
court
hearings,
the
publication of court decisions on the Internet.
This requires the judiciary to have sufficient
technological and human resources to ensure
the
effective
introduction
of
modern
information
technologies
and
their
uninterrupted operation.
The USA Journals Volume 03 Issue 06-2021
126
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
June 30, 2021 |
Pages:
122-126
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-18
I
MPACT
F
ACTOR
2021:
5.
952
At the same time, based on the analysis of
foreign experience, it should be noted that in
district and city courts it is expedient to create
a position of the court administration on the
reception of citizens' appeals and public
relations and to provide 1 state unit. This
directly ensures the true independence and
impartiality of the judge.
In conclusion, ensuring the participation of the
institute of public control in the activities of
the courts ensures a lawful, reasoned and fair
court decision on the case. It is also advisable
to avoid restricting the participation of public
bodies in court proceedings. To this end, it
would be expedient for the relevant
qualification commissions of judges to strictly
consider the appeals of the public in cases of
restriction of public participation by the courts
directly
and
to
establish
issues
of
responsibility in respect of them. At the same
time, it is necessary to widely introduce
modern technologies in the work of courts
and improve their skills. In addition, in order to
ensure the independence and impartiality of
judges in district and city courts, it will be
necessary
to
introduce
a
judicial
administration staff to work with the public
and citizens.
REFERENCES
1.
Decree of the President of the Republic of
Uzbekistan, dated February 7, 2017 No PD-
4947 "On the Action Strategy for further
development
of
the
Republic
of
Uzbekistan." // Collection of Legislation of
the Republic of Uzbekistan, 2017, No. 6,
Article 70.
2.
Разумов С.Л. Понятие судебной системы,
Судебная система России. - М., 2000. - С.
114.
3.
Карпов Д.В. Проблемы конституционно-
правового
гарантирования
правозащитной
функции
судебной
власти
в
Российской
Федерации:
Автореф. дис. Канд. юрид. наук. Н.
Новгород, 2012.
Normative and legal documents
4.
Universal Declaration of Human Rights //
https://www.un.org/en/about-us/universal-
declaration-of-human-rights.
5.
International Covenant on Civil and Political
Rights
//
https://www.ohchr.org/en/professionalinte
rest/pages/ccpr.aspx.
6.
National
Database
of
Legislation,
21.01.2021, No. 06/21/6144/0052.
7.
National
Database
of
Legislation,
04.09.2020, No. 07/20/4818/1255.
8.
Resolution of the Supreme Court of the
Republic of Uzbekistan dated February 21,
2020 "On ensuring the transparency of
court proceedings and the right to receive
information on the activities of the courts."
// https://lex.uz/docs/4751577.
9.
Convention on the Rights of the Child //
https://www.ohchr.org/en/professionalinte
rest/pages/crc.aspx.
