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Uzbekistan 27/10/2023 The system of reliable judicial protection of the rights and freedoms of citizens is being strengthened
The system of reliable judicial protection of the rights and freedoms of citizens is being strengthened

Tashkent, Uzbekistan (UzDaily.com) -- In recent years, large-scale reforms of the judicial and legal sphere have been carried out in the country in order to ensure the rule of law, realize the constitutional rights of citizens and establish justice in society.

At the forty-sixth plenary meeting of the Senate, four laws on amendments and additions to the Civil Procedure, Economic Procedure Codes, codes on administrative proceedings and administrative responsibility were discussed in connection with improving the procedure for verifying the legality and validity of court decisions.

The introduced amendments and additions establish that court decisions that have not entered into legal force are considered on appeal on the basis of a complaint (protest), court decision, and those that have entered into legal force, if they have not been considered on appeal, - on cassation procedure. court decisions considered in the appeal or cassation procedure - in the audit procedure. The power to review court decisions that have entered into legal force in cassation passes to the competence of the regional court and equivalent courts.

In connection with the inclusion of the audit authority in the stages of reviewing court decisions, the Civil Procedure Code, the Economic Procedure Code, the codes on administrative proceedings and administrative responsibility describe in detail the procedure for proceedings in the case in the audit authority.

Thus, the Law introduces amendments and additions to the Civil Procedure Code, envisaging the eradication of excessive centralization of the consideration of court cases, the introduction of stages of consideration of cases in regional and equivalent courts in the appellate or cassation and in the audit procedure, the review of cases in the Supreme Court in the audit procedure and in The Presidium of the Supreme Court, eliminating the procedure for higher courts to send overturned decisions of lower courts again to these courts for a new consideration, assigning each court the obligation to make a final decision on the case, introducing an audit authority to the stages of reviewing court decisions.

The procedure for re-referring to a lower court for re-examination by existing higher courts by overturning the decisions of the lower courts is also abolished; each court is required to make a final decision in the case. At the same time, the period for filing an appeal against a decision in the case of an administrative offense is reduced from 20 to 10 days.

In addition, amendments and additions are being made to the Code of Administrative Procedure in order to prevent excessive centralization of the consideration of cases, to prevent red tape associated with the presence of citizens in court from remote areas, stipulating the consideration of cases in the appellate or cassation and audit procedure in regional and equivalent courts , consideration of cases in an audit procedure in the Judicial Collegium for Administrative Cases of the Supreme Court of the Republic of Uzbekistan and in special cases in the Presidium of the Supreme Court of the Republic of Uzbekistan and the abolition of the procedure for higher courts to send cases for new consideration to the court of first instance, as well as the mandatory participation of the prosecutor during consideration by administrative courts cases related to land legal relations.

It was noted that as a result of the adoption of these laws, high-quality and timely consideration of cases in courts, effective use of the capabilities of regional courts and equivalent courts to review court decisions will be achieved, and most importantly, the possibilities of judicial protection of the rights and freedoms of citizens will be expanded.

The laws were approved by senators.

 

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