The American Journal of Political Science Law and Criminology
01
https://www.theamericanjournals.com/index.php/tajpslc
TYPE
Original Research
PAGE NO.
16-21
10.37547/tajpslc/Volume07Issue01-03
OPEN ACCESS
SUBMITED
30 November 2024
ACCEPTED
25 December 2024
PUBLISHED
23 January 2025
VOLUME
Vol.07 Issue01 2025
CITATION
Zokirov Sherzod Ilxom o
’
g
’
li. (2025). Subject, purpose and legal basis of
prosecutor
’
s supervision over the execution of legislative acts relating to
appeals of individuals and legal entities. The American Journal of Political
Science Law and Criminology, 7(01), 16
–
21.
https://doi.org/10.37547/tajpslc/Volume07Issue01-03
COPYRIGHT
© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.
Subject, purpose and legal
basis of prosecutor’s
supervision over the
execution of legislative
acts relating to appeals of
individuals and legal
entities
Zokirov Sherzod Ilxom o’g’li
Doctor of philosophy (PhD) on science in law, Uzbekistan
Abstract:
The article analyzes on a scientific and
theoretical basis the subject and objectives of
prosecutorial supervision over the execution of
legislative acts on appeals of individuals and legal
entities, as well as regulatory documents in this area.
The border between the subject and the object of
supervision over the implementation of the legislative
acts on appeals to the prosecutor’s office is highlighted.
Some norms on appeals of individuals and legal entities
enshrined in the Laws of the Republic of Uzbekistan “On
appeals of individuals and legal entities” and “On the
prosecutor’s office” are analyzed.
Keywords:
A
ppeal, prosecutor’s office, subject, object,
legal basis, appeal of an individual, appeal of a legal
entity, prosecutor’s supervision.
Introduction:
The institute of appeal of individuals and
legal entities to state bodies and citizens’ self
-governing
bodies is one of the main elements that determine the
legal status of a person and a citizen in any democratic-
legal state.
Article 40 of the Constitution adopted in the new
edition, which is considered one of the most important
changes in the history of our country, established the
norm that “everyone has the right, directly with himself
and others, to appeal to state bodies and organizations,
citizens’
self-government
bodies,
officials
or
representatives of the people with applications,
proposals and complaints” .
The adoption of the Strategy of Actions on five priority
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The American Journal of Political Science Law and Criminology
areas of development of the Republic of Uzbekistan for
2017-2021 and its integral continuation, the
development Strategy of New Uzbekistan for 2022-
2026, set new priorities for ensuring legality and order
in the activities of prosecutorial bodies, implementing
democratic, socio-economic reforms, and strictly
implementing legislation aimed at reliably protecting
human rights and freedoms in the country.
Ensuring the supremacy of the law and implementing
democratic,
socio-economic reforms, serving the interests of the
people by effectively controlling the unconditional
implementation of legal documents aimed at the
protection of human rights and freedoms is defined as
the priority task of the prosecutor’s office.
According to Article 24 of the Law “On the prosecutor’s
office”, the subject of supervision is the observance of
citizens’ rights
and freedoms by ministries, state
committees, departments, citizens’ self
-government
bodies, public associations, enterprises, institutions,
organizations, as well as military units, military
structures of ministries, state committees and
departments, governors and other officials.
Article 4 of the Law “On the prosecutor’s office”
includes “supervision over the implementation of laws
aimed at ensuring the rights and freedoms of citizens”
among the main areas of activity of the prosecutor’s
office. In this direction, the subject of activity will
mainly be to ensure the legal resolution of
applications, complaints and appeals of individuals and
legal entities.
According to russian scholar A.Brenzon, in the theory
of prosecutorial supervision, determining the
boundaries of the subject and object of supervision
over the implementation of laws in a particular area is
necessary for understanding the meaning and specific
features of supervision activities . This, in turn, helps to
determine the possibilities of supervision by
prosecutorial bodies and distinguish it from state
supervision and other types of supervision.
One of our national scholars, O.Madaliev , in his
coverage of the subject of prosecutorial supervision
over the implementation of laws, emphasized that the
legal relations established in the main areas of
prosecutorial activity, specified in Article 4 of the Law
“On the prosecutor’s office”, are the subject of
prosecutorial supervision.
Professor B.Pulatov approached the subject of
prosecutorial supervision activities directly based on
the requirements of Article 20 of the Law “On the
prosecutor’s office” and put forward the view that the
object of supervision in this activity is legal documents
that are evaluated by the prosecutor in the process of
ensuring supervision. Legal scholar B.Khamidov also
expressed a similar opinion .
According to russian scholar B.Spiridonov , the subject
of supervision is the factors that the prosecutor must
fulfill in order to effectively perform these tasks.
Another russian scholar, V.Melkumov, stated that the
subject of supervision is “identifying violations of the
law and the situations leading to them, taking measures
to prevent violations, restoring the rule of law, and
holding the guilty accountable” .
In our opinion, V.Melkumov, as the subject of
prosecutor’s supervision, seems to have described the
content of the prosecutor’s supervision activities. The
author seems to confuse the subject of prosecutorial
supervision and the content of prosecutorial
supervision.
In this regard, the views of legal scholar V.Brovin are
relevant. Namely, he emphasized that the concept of
“subject” in the theory of prosecutorial supervision is
used only in a specific and unambiguous sense, that is,
in the sense that it answers the question “what does the
prosecut
or study during supervision?” .
Therefore, our scientific views are consistent with the
ideas presented by Brovin, and the subject of
prosecutorial supervision over the observance of
citizens’ rights and freedoms is a certain activity,
namely, the clear and uniform implementation of laws
by the bodies and officials listed in Article 24 of the Law,
and the extent to which the legal acts issued by them
comply with current laws, while the object of
supervision is the bodies implementing this activity.
It shou
ld be noted that the 1992 version of the Law “On
the prosecutor’s office” established supervision over
citizens, along with the protection of their rights and
freedoms, and their compliance with the law was
considered the subject of prosecutorial supervision. The
new version of the Law “On the prosecutor’s office”
stipulates that prosecutors do not exercise supervision
over citizens, but, on the contrary, exercise supervision
over the observance of citizens’ rights and freedoms. In
this regard, the introduction of a new chapter entitled
“supervision over the observance of the rights and
freedoms of citizens” into the new edition of the Law,
on the one hand, emphasizes the special importance of
observing the rights and freedoms of citizens in the
Republic of Uzbekistan, and on the other hand, aims to
increase the supervisory role of prosecutor’s offices in
ensuring these rights and freedoms.
Analyzes of the subject of supervision over the
execution of legal documents related to appeals by
individuals and legal entities show that different
opinions have been put forward among legal scholars in
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The American Journal of Political Science Law and Criminology
the legal literature on the solution of this issue.
In this regard, our national scientists Z.Ibragimov and
the russian scientist P.Belyakov noted that the subject
of supervision over the implementation of laws in this
area is the subject of compliance with the legitimacy of
the legal acts adopted by the country’s Constitution,
applicable law and legislative acts, state agencies and
officials under the supervision of the
prosecutor’s
office (prosecutors).
Another group of scientists, in particular, A.Berenzon,
is the subject of supervision in this direction, and put
forward the idea that the activities within the
framework of legal relations arising in the field of
appeals of individuals and legal entities have a unique
character that serves as the basis for all directions of
the prosecutor’s office.
In this regard, the views of the russian scientist
O.Lityagina and others on the subject of prosecutorial
supervision in this area are somewhat more specific,
according to which it is emphasized that:
-
monitoring compliance with the rights and
freedoms of citizens guaranteed by the
Constitution in this area;
-
ensuring strict compliance with the procedure and
terms for considering applications and complaints;
-
organizing the consideration and resolution of
appeals submitted by citizens to the prosecutor's
office on legal grounds.
Analyzing the ideas and views of the above-mentioned
legal scholars on the subject of the prosecu
tor’s
supervision over the execution of legal documents
related to appeals by individuals and legal entities, it is
possible to agree with the scientific and theoretical
opinions expressed by both groups of scholars and
O.Lityagina.
In addition to the above, we can express the following
author’s opinion:
“The subject of prosecutorial supervision over the
implementation of legislative acts on appeals of
individuals and legal entities is international
instruments on the right of appeal of individuals and
legal entities, the rules enshrined in Article 40 of the
Constitution of the Republic of Uzbekistan adopted in
the new edition and other articles on appeals, laws and
by-laws on appeals considered political rights of
individuals and legal entities, decisions adopted by
officials of state bodies and self-governing bodies of
citizens on the right of appeal”.
Controlling the execution of legal documents on the
consideration of appeals of individuals and legal
entities is an activity of the prosecutor’s office aime
d
at ensuring the unhindered implementation of the
constitutional rights of individuals and legal entities
regarding the appeal, restoring their violated rights and
punishing the guilty persons in the manner prescribed
by the legislation.
The purpose of supervision in this area of relations is to
ensure the supremacy of law in safeguarding the
constitutional rights of individuals and legal entities
regarding appeals. This is achieved through the
prosecutor's supervision, the review of appeals by state
bodies, self-governing bodies of citizens, and their
officials, who carry out this work in accordance with
legislative requirements. Additionally, it aims to ensure
the proper exercise of decision-making powers based on
legal documents
Legal scholar D.Pashtov divided the purpose of
monitoring the protection of appeal rights of individuals
and legal entities by the prosecutor’s office into general
and special types.
According to P.Belyakov , another legal scholar, the
main directions defined in Article 1, Part 2 of the Law of
the Russian Federation “On the prosecutor’s office”
were recognized as the goals aimed at monitoring the
protection of the appeal rights of individuals and legal
entities by the prosecutor’s office.
Regarding the opinion expressed by P.Belyakov, we can
say that it is, in our opinion, somewhat incorrect to
assess the main areas of activity of prosecutor’s offices
as the goals of monitoring the protection of the rights of
appeal of individuals and legal entities.
Accordingly, we consider the goals of monitoring the
protection of the rights of appeal of individuals and legal
entities by prosecutor’s offices, based on the main tasks
enshrined in the Law of the Republic of Uzbekistan “On
the prosecutor’s office”, to be:
1) ensuring the unity and strength of the rule of law on
appeals;
2) ensuring the protection of the rights and freedoms of
individuals and legal entities in the field of appeals;
3) ensuring the protection of the legally protected
interests of society and the state.
In the Republic of Uzbekistan, in order to ensure
compliance with the rights and freedoms of citizens and
to consider their appeals, the prosecutor’s office relies
on numerous regulatory legal acts to exercise control
over the implementation of legislative acts aimed at
ensuring the lawful resolution of appeals of individuals
and legal entities.
The most important of them is the Constitution of the
Republic of Uzbekistan. Article 40 of the Constitution
guarantees the right of individuals and legal entities to
appeal to state bodies. That is, every person has the
right to appeal directly to himself or to representatives
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of the people with applications, proposals and
complaints.
It also stipulates that applications, proposals and
complaints must be considered in accordance with the
procedure and within the time limits established by
law.
Although the right of every person to directly or
collectively address state bodies, organizations and
institutions, as well as citizens' self-government
bodies, is recognized in the Constitution as a political
right, by its essence this right has not only a political,
but also a social and economic nature.
The exercise of this right by a person may also be
aimed at protecting his economic, social rights and
interests. When addressing a state div with an
application, the applicant has the opportunity to
express his wishes, free will, when addressing a
proposal, to participate in the management of state
and public affairs, and when addressing a complaint, to
restore violated rights.
It is worth noting the Law “On appeals of individuals
and legal entities”, adopted on Se
ptember 11, 2017.
This law regulates relations in the field of appeals of
individuals and legal entities to state bodies and state
institutions, as well as their officials. It is worth noting
that the application of this Law also applies to
organizations with state participation and self-
government bodies of citizens.
Before the adoption of the new law, the country was
in force under the Law “On appeals of individuals and
legal entities”, adopted on December 3, 2014.
With the adoption of the new law, this law was
repealed, and the new law established norms on such
issues as guarantees of the right of individuals and legal
entities to appeal, the procedure for submitting and
considering appeals, the rights of applicants and the
obligations of state bodies when considering them.
The prosecutor's office organizes control over the
consideration of appeals of citizens and legal entities
by state bodies for compliance with this law.
Article 4 of the Law “On prosecutor’s office” includes
“supervision over the imple
mentation of laws aimed at
ensuring the rights and freedoms of citizens” among
the main areas of activities of prosecutor’s offices. In
this direction, the subject of activity will mainly be to
ensure the legal resolution of citizens’ applications,
complaints and appeals.
Article 7 of the Law of the Republic of Uzbekistan “On
the prosecutor’s office”, entitled “consideration of
applications and complaints of citizens and appeals of
legal entities”, obliges prosecutors to consider and
resolve applications and complaints of citizens, as well
as other information about violations of the law.
Applications and complaints, regardless of whether they
are in written, oral or electronic form, must be
considered by prosecutors, and appropriate measures
must be taken.
This article of the law states that prosecutors have the
right to personally receive citizens and representatives
of legal entities, to entrust the examination of
applications to officials of state administration,
enterprises, institutions and organizations, and to
demand that they provide written information on the
results of the examination, along with all materials
related to the examination. A party dissatisfied with the
decision taken by the prosecutor on the application has
the right to appeal this decision to a higher prosecutor.
It is worth noting that the aforementioned article states
that “after the Prosecutor General of the Republic of
Uzbekistan makes a decision on an application and
complaint of a citizen or an appeal of a legal entity, the
pro
ceedings in the prosecutor’s offices on them are
terminated, with the exception of newly opened cases.”
This, of course, puts an end to repeated appeals to the
prosecutor's offices with some unfounded applications.
Working with applications, complaints, appeals of
individuals and legal entities, protecting their rights and
legitimate interests is an integral part of the activities of
the General Prosecutor’s office of the Republic of
Uzbekistan and employees of the prosecutor’s offices
subordinate to it. A conscientious attitude to the
consideration of applications, complaints, appeals is the
service and human duty, professional responsibility of
the prosecutor’s office employees. Because it is
precisely these qualities that are always separately
evaluated when describing the personal qualities of
prosecutors and investigators, their attitude to this
important area.
Also, in the context of monitoring the observance of the
rights and freedoms of citizens, which is included in the
text of the new edition of the Law of the Republic of
Uzbekistan “On the prosecutor’s office”, the prosecutor
must fully use the powers granted to him in Article 25 of
the law. The prosecutor, within the framework of his
powers related to monitoring, makes the aspects
related to the implementation of legislative acts related
to the observance of the rights and freedoms of citizens
the object of monitoring, and performs tasks related to
this purpose. In the performance of his duties, the
prosecutor directly uses the investigation, which he
begins to conduct upon receipt of information or
information about the violation of human and civil rights
and freedoms.
The prosecutor, while fulfilling the tasks assigned to him
to ensure compliance with the rights and freedoms of
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citizens, shall, within the scope of his powers:
a) consider and verify applications, complaints and
other information on the violation of the rights and
freedoms of citizens;
b) explain to the applicants the procedure for
protecting their rights and freedoms;
c) take measures to prevent and eliminate violations of
the rights and freedoms of citizens, hold persons who
have violated the law accountable, and compensate
for the damage caused.
Also, if there are other problems and issues related to
the observance of the rights and freedoms of citizens
(for example, if civil rights and freedoms are violated
by ministries, state committees, departments,
enterprises, institutions, organizations, military units,
their leaders), they are resolved in accordance with the
procedure stipulated in Article 22 of the Law of the
Republic of Uzbekistan “On the prosecutor’s office”.
Timely detection of violations of the law and taking
measures to eliminate them prevent illegal actions and
their spread.
In general, the Constitution of the Republic of
Uzbekistan and the Law of the Republic of Uzbekistan
“On the prosecutor’s office” adopted on its basis have
given prosecutors special powers to fully protect the
rights and freedoms of citizens. Prosecutor’s offices
must take measures to effectively use these powers in
practice to protect the rights of citizens.
The prosecutor’s supervision over the implementation
of the Law “On appeals of individuals and legal
entities” and its uniqueness is that the law defined the
main procedures reflecting the right of every person to
appeal to state bodies, enterprises, institutions and
organizations.
Individuals and legal entities, consciously exercising
their right to appeal to the prosecutor’s office, restore
their illegally violated rights and freedoms, and gain
confidence that justice has prevailed. This is an aspect
of the issue directly related to ensuring the rights and
freedoms of citizens.
The other side of the issue is that, having considered
written or oral applications, complaints of citizens, and
applications of legal entities related to violations of the
law, the prosecutor, first of all, ensures the rule of law,
that is, legality, the protection of the rights and
freedoms of citizens, and therefore, in one sense or
another, the interests of the state.
From the theory of prosecutorial supervision over the
implementation of legislative acts, in particular, from
practice, it is known that applications, complaints, and
appeals of legal entities received from citizens are a
source of information related to violations of the law
in society. In the theory of prosecutorial supervision, it
is scientifically and practically justified that applications,
complaints, and appeals about violations of the law
generally provide valuable information for the
prosecutor or investigator. In particular, summarizing
their opinions, it can be said that the prosecutor may
have the following information:
- information about violations of the rights and
freedoms of citizens committed in places;
- information about crimes and other socially dangerous
offenses committed by individuals living in various
regions and territories, as well as other persons;
- information about bodies or officials who have
committed violations of the rights and freedoms of
citizens, as well as other offenses;
- information about bodies, officials who have not
fulfilled the requirements of the legislation on the rights
of citizens to appeal and have not taken measures to
satisfy their complaints and appeals, etc.
Based on Article 7 of the Law of the Republic of
Uzbekistan
“On
the
prosecutor’s
office”
on
“consideration of applications and complaints of
citizens and appeals of legal entities”, the Prosecutor
General of the Republic of Uzbekistan, by regularly
issuing relevant orders, orders prosecutorial bodies at
all levels, all prosecutors and employees to consistently
improve their professional qualifications and fully fulfill
their obligations established in legislative acts and legal
acts aimed at ensuring the right of citizens and legal
entities to file complaints and appeals in their activities.
In particular, these issues are reflected in Order No. 165
of the Prosecutor General of the Republic of Uzbekistan
“On increasing the efficiency of activities to ensure
legality in the consideration of appeals”, adopt
ed on
November 24, 2017.
In addition, this order also approved the “Instruction on
the procedure for considering appeals of individuals and
legal entities and organizing their personal reception”,
which requires the Prosecutor General to require all
prosecutors subordinate to him to consider complaints
and applications received from citizens within the
established period, take necessary measures, and notify
the applicant of their decisions, with the main focus on
the protection of human rights and freedoms,
strengthening the rule of law and law and order, and
finding a timely, impartial, and fair solution to each
citizen’s appeal.
In short, one of the main tasks of the prosecutor’s office
will be to continue large-scale reforms in all areas aimed
at radically improving the lives of our people, based on
the principle of “human interests above all else”, to
ensure the constitutional rights of citizens to appeal, to
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increase the well-being of the population and to
strengthen their social protection.
It is worth recognizing that the transformation of
prosecutor’s offices into “people’s prosecutor’s
offices” is a phenomenon that has not been observed
in any country in the world so far, and such a positive
experience is taking place for the first time in the
Republic of Uzbekistan.
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