The American Journal of Political Science Law and Criminology
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TYPE
Original Research
PAGE NO.
19-23
10.37547/tajpslc/Volume07Issue05-05
OPEN ACCESS
SUBMITED
13 March 2025
ACCEPTED
09 April 2025
PUBLISHED
11 May 2025
VOLUME
Vol.07 Issue05 2025
CITATION
Jasur Nuriddinov. (2025). The degree of compensation for court
expenditures through state duties: the case of Uzbekistan (analysis based
on 2020
–
2024 data). The American Journal of Political Science Law and
Criminology, 7(05), 19
–
23.
https://doi.org/10.37547/tajpslc/Volume07Issue05-05
COPYRIGHT
© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.
The degree of
compensation for court
expenditures through
state duties: the case of
Uzbekistan (analysis based
on 2020
–
2024 data)
Jasur Nuriddinov
Independent Researcher, Higher School of Judges, Uzbekistan
Abstract:
This article examines the compensation for
court expenditures through state duties in Uzbekistan,
utilizing data spanning from 2020 to 2024. It analyzes
the effectiveness and adequacy of the current system,
highlighting challenges and disparities faced by litigants
in
accessing
justice.
The
study
presents
a
comprehensive overview of policies and legislative
frameworks governing state duties, correlating them
with actual court expenditures. By employing
qualitative and quantitative methodologies, the
research identifies key trends, enforcement issues, and
implications for legal reforms. The findings aim to
contribute to the discourse on judicial finance and
propose actionable recommendations for enhancing
the compensation mechanisms within Uzbekistan's
judicial system.
Keywords:
Court
expenditures,
state
duties,
Uzbekistan, justice access, legal reforms, judicial
finance, compensation mechanisms, policy analysis,
2020
–
2024 data.
Introduction:
Ensuring the financial sustainability of the
judiciary is a crucial task for any rule-of-law-based state.
In the Republic of Uzbekistan, the court system is
primarily financed through the state budget. At the
same time, a certain portion of court expenditures is
recovered through state duties paid to civil and
economic courts. This article analyzes the level of
compensation of court system expenditures through
state duties collected between 2020 and 2024, based on
official statistical data.
Main Body
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The American Journal of Political Science Law and Criminology
According to Russian scholar K. Shmotin, the state
generally seeks to maintain a balance between
ensuring effective judicial proceedings and providing
broad access to justice. In fulfilling these tasks, states
often assign several functions to court-related
expenses simultaneously: compensating the costs
incurred by the judicial system, preventing unfounded
legal claims, fostering a sense of responsibility in
individuals, and ensuring that justice is accessible to all.
Some of these functions may contradict one another.
For instance, compensating the costs of the judiciary
requires increasing court fees, while ensuring access to
justice for all necessitates reducing or even abolishing
these fees altogether. Clearly, it is not possible to
simultaneously make access to courts both costly and
easy
—
nor is it possible to make it cheap and fully
effective.
Therefore, states strive to find a balance that allows
them to “sit on two chairs at once”: ensuring access to
justice for all, while allowing the institution of court
costs to fulfill its key functions. Many countries have
abandoned the idea of sitting on two chairs and have
instead chosen to focus on optimizing one of the
functions. For example, France considers access to
justice more important than cost recovery and has
abolished many court fees in civil disputes. The UK, by
contrast, is known for its high court costs, where the
losing party must fully compensate the winning party
for legal expenses.
According to Shmotin, different countries use different
methods for calculating court fees. In Belgium and
Sweden, court costs are set at fixed rates. In other
countries (Germany, Portugal, Ireland, etc.), fees are
calculated proportionally to the value of the claim. This
proportional method is dominant, primarily because
civil disputes are usually of a proprietary nature. In
most of the listed countries, court fees represent a
small percentage of the claim amount. However, in
some countries (e.g., Estonia, Lithuania, Czech
Republic), the court fee can equal the amount claimed.
In others (e.g., Australia, Denmark, Hungary,
Singapore), court fees may even exceed the claim
amount.
The choice of methodology for determining court fees
depends on the state's goal regarding the extent to
which judicial costs should be compensated. In
countries with high court fees, the principle is that the
parties to the dispute should reimburse the state for
the costs of justice as much as possible. Nevertheless,
with the exception of the UK and Singapore, no country
fully recovers its judicial expenses through court fees.
According to the author’s research, only 17% (1/6) of
the costs incurred by the state in Russia are
compensated through collected court fees. The author
believes that seeking to balance state expenditures and
the compensation amount could significantly restrict
access to justice.
Court fees should not be regarded as a payment for
access to court. Judicial proceedings are funded by the
state budget, which consists of taxpayers’ money, not
from the individual payments of litigants. Therefore,
court fees are neither a means of replenishing the state
budget nor should they fully cover the expenses of
judicial operations.
A number of European legal scholars have reached a
similar conclusion. Following the example of France and
Luxembourg, countries like Portugal, Italy, and Germany
have reformed their court cost systems and moved
toward abolishing certain fees to promote broader
access to justice.
In the UK, approximately 80% of court costs are
recovered through court fees. However, the UK has
been criticized recently for restricting access to courts
for large segments of the population. Moreover, the
high level of court fees in some countries is not only
linked to the state's financial interests, but also to the
desire to encourage parties to seek alternative dispute
resolution (ADR) methods. In countries such as the UK,
Denmark, the Netherlands, and the United States, ADR
mechanisms like arbitration and mediation are well
developed, offering less expensive alternatives to court
proceedings. In such systems, going to court is
considered a last resort, used only when all other
options have been exhausted.
In the UK, both plaintiffs and defendants are strongly
incentivized to resolve disputes before trial. This is
partly due to the concept known as “stop bleeding legal
fees,” which encourages parties to resolve disputes
through ADR and thereby avoid large court expenses. It
is estimated that approximately 90% of disputes are
settled out of court. In the UK, a plaintiff must be
prepared to pay at least $7,500 in court costs. If the
defendant resolves the matter immediately upon
receiving the summons and complaint, that amount
would already apply. Depending on how the case
develops, court costs can exceed $200,000.
According to Shmotin, the timing of court fee payment
is also crucial. Without a receipt proving that the
appropriate court fee has been paid, the court will not
accept the case. This requirement can cause significant
difficulties, even when the fee rate is not particularly
high, since parties must raise funds before filing a
lawsuit. However, there are no fundamental barriers to
changing legislation to allow for post-judgment
collection of fees. On the contrary, the state could shift
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The American Journal of Political Science Law and Criminology
the obligation to pay court fees to the losing party after
the case is concluded. This simultaneous process of
deferring and collecting court fees could both ease the
burden on the court system and ensure that individuals
are not prevented from asserting their rights due to
upfront financial barriers. This post-judgment fee
collection model is used in Belgium and Finland.
In addition, it is necessary to move away from the
model of tying court fees directly to the value of the
claim. The value of a claim does not directly correlate
with the complexity or duration of the case. Courts
must examine all cases thoroughly and objectively,
regardless of their monetary value. Therefore, paying
a higher court fee for a claim of higher value does not
imply the court will give it special attention or
consideration. This results in unequal opportunities for
access to justice. As a result, court fees should be
determined based on the category or type of the case,
not its monetary value.
"In order to determine what portion of the expenses
incurred by the state to ensure the functioning of
courts in the Republic of Uzbekistan is compensated, a
letter was sent to the Supreme Court. In response, it
was reported that in 2020, state duties collected by
economic courts amounted to 352,061,738,720.47
UZS, and by civil courts amounted to 306,323,439,351
UZS. The total collected sum is 658,385,178,071.47
UZS, which does not include the state duties collected
by administrative courts.
According to the Law No. OʻRQ
-657 dated December
25, 2020, “On the State Budget of the Republic of
Uzbekistan for 2021,” a total of 838.8827 billion UZS
was allocated for the financing of courts in 2021.
Thus, in 2021, the expenditures made for the republic’s
court system were compensated by 78.48% through
the state duties collected by civil and economic courts.
Of the total state duties, pre-paid amounts constituted
49.73947 billion UZS, while 352,061,688,981 UZS were
collected based on court decisions. Pre-paid duties
accounted for 14.73% of the total state duties.
Specifically, economic courts alone compensated
41.97% of the expenses of the court system.
According to the Law No. OʻRQ
-742 dated December
30, 2021, “On the State Budget of the Republic of
Uzbekistan for 2022,” 972.1069 billion UZS was
allocated to finance court activities. Based on
statistical data provided by the Supreme Court, in
2022, 635,998,249,187 UZS was collected by economic
courts and 668,013,038,388 UZS by civil courts. Pre-
paid state duties to economic courts amounted to
66.65264 billion UZS. This indicates that economic
courts alone compensated 65.42% of the court system
expenses, and when including civil courts, 134.14% of
the expenses were compensated. Pre-paid state duties
to economic courts accounted for 15.28% of the total
duties collected.
Throughout 2023, it was projected that economic courts
would collect 709,821,510,978 UZS and civil courts
908,068,473,856 UZS in state duties to the state budget.
According to the Law “On the State Budget of the
Republic of Uzbekistan for 2023,” a total of 1,273.8177
billion UZS was allocated to the Supreme Court of the
Republic of Uzbekistan, including 1,190.29 billion UZS
for current expenses and 83.5277 billion UZS for capital
investments
such
as
designing,
constructing
(reconstructing), and equipping facilities. In 2023,
economic courts alone compensated 64.35% of the total
expenditures of the court system. When civil courts are
included, 135.64% of the court system's expenses were
compensated.
According to data provided by the Supreme Court, in
2024, state duties collected by economic courts
amounted to 5,962,736,654,667 UZS, and by civil courts
to 5,785,285,913,683 UZS, totaling 11,748,022,568,350
UZS collected based on court decisions. No information
was provided about pre-paid state duties. According to
the Law No. OʻRQ
-
886 dated December 25, 2023, “On
the State Budget of the Republic of Uzbekistan for
2024,” 1,560.1762 billion
UZS was allocated to the
Supreme Court of the Republic of Uzbekistan. As of the
end of 2024, economic courts alone had compensated
382.03% of court system expenses, and together with
civil courts, 752.68%. This indicates that the highest
level of compensation was observed in 2024.
In 2021, the amount of state duties collected was not
sufficient to cover the allocated funds for court
financing. From 2022 onwards, full compensation was
achieved, reaching its peak in 2024. In order to
determine what portion of the expenses incurred by the
state to ensure the functioning of courts in the Republic
of Uzbekistan is compensated, a letter was sent to the
Supreme Court. In response, it was reported that in
2020, state duties collected by economic courts
amounted to 352,061,738,720.47 UZS, and by civil
courts amounted to 306,323,439,351 UZS. The total
collected sum is 658,385,178,071.47 UZS, which does
not include the state duties collected by administrative
courts.
According to the Law No. OʻRQ
-657 dated December 25,
2020, “On the State Budget of the Republic of
Uzbekistan for 2021,” a total of 838.8827 billion UZS was
allocated for the financing of courts in 2021.
Thus, in 2021, the expenditures made for the republic’s
court system were compensated by 78.48% through the
state duties collected by civil and economic courts. Of
the total state duties, pre-paid amounts constituted
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The American Journal of Political Science Law and Criminology
49.73947 billion UZS, while 352,061,688,981 UZS were
collected based on court decisions. Pre-paid duties
accounted for 14.73% of the total state duties.
Specifically, economic courts alone compensated
41.97% of the expenses of the court system.
According to the Law No. OʻRQ
-742 dated December
30, 2021, “On the State Budget of the Republic of
Uzbekistan for 2022,” 972.1069 billion UZS was
allocated to finance court activities. Based on
statistical data provided by the Supreme Court, in
2022, 635,998,249,187 UZS was collected by economic
courts and 668,013,038,388 UZS by civil courts. Pre-
paid state duties to economic courts amounted to
66.65264 billion UZS. This indicates that economic
courts alone compensated 65.42% of the court system
expenses, and when including civil courts, 134.14% of
the expenses were compensated. Pre-paid state duties
to economic courts accounted for 15.28% of the total
duties collected.
Throughout 2023, it was projected that economic
courts would collect 709,821,510,978 UZS and civil
courts 908,068,473,856 UZS in state duties to the state
budget. According to the Law “On the State Budget of
the Republic of Uzbekistan for 2023,
” a total of
1,273.8177 billion UZS was allocated to the Supreme
Court of the Republic of Uzbekistan, including 1,190.29
billion UZS for current expenses and 83.5277 billion
UZS for capital investments such as designing,
constructing (reconstructing), and equipping facilities.
In 2023, economic courts alone compensated 64.35%
of the total expenditures of the court system. When
civil courts are included, 135.64% of the court system's
expenses were compensated.
According to data provided by the Supreme Court, in
2024, state duties collected by economic courts
amounted to 5,962,736,654,667 UZS, and by civil
courts
to
5,785,285,913,683
UZS,
totaling
11,748,022,568,350 UZS collected based on court
decisions. No information was provided about pre-paid
state duties
. According to the Law No. OʻRQ
-886 dated
December 25, 2023, “On the State Budget of the
Republic of Uzbekistan for 2024,” 1,560.1762 billion
UZS was allocated to the Supreme Court of the
Republic of Uzbekistan. As of the end of 2024,
economic courts alone had compensated 382.03% of
court system expenses, and together with civil courts,
752.68%. This indicates that the highest level of
compensation was observed in 2024.
1. Financial Indicators for 2020
–
2021
In 2020, state duties collected by economic courts
amounted to 352.06 billion UZS, and civil courts
collected 306.32 billion UZS, totaling 658.39 billion
UZS. This figure excludes collections by administrative
courts. In 2021, the State Budget allocated 838.88
billion UZS for financing the judiciary (Law
No. OʻRQ
-
657, December 25, 2020).
As a result, in 2021, state duties covered 78.48% of total
court system expenditures. Specifically, economic
courts alone compensated 41.97% of these costs. Of the
total amount collected, 49.74 billion UZS (14.73%)
represented pre-paid duties.
2. Financial Results for 2022
In 2022, economic courts collected 635.99 billion UZS
and civil courts 668.01 billion UZS. Pre-paid duties to
economic courts totaled 66.65 billion UZS. The State
Budget allocated 972.10 billion UZS for the judiciary
(Law No. OʻRQ
-742, December 30, 2021).
Accordingly, economic courts alone covered 65.42% of
judicial expenditures, and combined with civil courts,
134.14% was compensated, indicating full cost
recovery.
3. 2023: Investments and Practical Outcomes
In 2023, projected collections were 709.82 billion UZS
from economic courts and 908.07 billion UZS from civil
courts. The total budget allocation for the judiciary was
1,273.82 billion UZS, including 1,190.29 billion UZS for
current expenses and 83.53 billion UZS for capital
investments (Law No. OʻRQ
-836, December 30, 2022).
Economic courts alone compensated 64.35% of total
judicial expenditures, and together with civil courts,
135.64%.
4. 2024: Peak Compensation
In 2024, economic courts collected 5.96 trillion UZS and
civil courts 5.79 trillion UZS, totaling 11.75 trillion UZS in
state duties. The State Budget allocated 1.56 trillion UZS
for the judiciary (Law No. OʻRQ
-886, December 25,
2023).
Thus, economic courts alone covered 382.03% of the
judiciary’s expenses, and together with civil courts,
752.68%. This marks the highest recorded level of
compensation during the analyzed period.
CONCLUSION
In the Republic of Uzbekistan, the share of court
expenditures compensated through state duties has
shown a consistent upward trend. While the collected
duties in 2021 were insufficient to fully cover court
financing, starting from 2022, full compensation was
achieved. In 2024, the level of compensation peaked,
reaching more than seven times the amount allocated
for court expenses. This indicates that a significant
portion of judicial expenditures is being financed
directly by individuals and legal entities through
litigation, reflecting an increase in economic activity and
civil legal relations.
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REFERENCES
Statistical data from the Supreme Court of the Republic
of Uzbekistan (2020
–
2024).
Laws “On the State Budget of the Republic of
Uzbekistan”:
Law No. OʻRQ
-657, December 25, 2020.
Law No. OʻRQ
-742, December 30, 2021.
Law No. OʻRQ
-836, December 30, 2022.
Law No. OʻRQ
-886, December 25, 2023.
K.
Shmotin,
Economic
Foundations
of
the
Compensation of Court Expenses, Moscow, 2019.
Recommendations of the International Monetary Fund
and the World Bank on judicial financing.
