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of May 14, 2018 No. PP-3723

About measures for cardinal enhancement of system of the penal and criminal procedure legislation

(In edition of the Presidential decree of the Republic of Uzbekistan of 30.09.2018 No. UP-5547)

Creation of effective system of the penal and criminal procedure legislation is one of priority tasks of the state on law enforcement and law and order, reliable protection of human rights and freedoms, interests of society and the state, the world and safety.

At the same time, the analysis of judicial and investigative practice, and also results of direct dialogue with the people showed availability of number of system problems and shortcomings of this sphere among which:

first, the legal gaps in system of the penal and criminal procedure legislation interfering effective protection of the rights, freedoms and legitimate interests of citizens, law enforcement during pre-judicial and judicial proceedings on criminal cases;

secondly, insufficient efficiency of legal mechanisms of prevention and prevention of crimes, and also instilling in citizens of high legal culture and respect for the law;

thirdly, disproportion of sanctions for making of separate types of crimes to nature and degree of public danger of acts, including insufficient and inefficient application of alternative types of punishment, incentive regulations and community sanctions;

fourthly, unsatisfactory quality of holding operational investigative actions and use as proofs of the data obtained with violations of the procedural legislation;

fifthly, insufficient implementation of the criminal legal institutions recognized in the international practice, including lack of criminal liability of legal entities;

sixthly, the low level of implementation in judicial and investigative activities of modern information and communication technologies.

For the purpose of development and realization of cardinally new priorities of enhancement of the penal and criminal procedure legislation taking into account modern international standards and front lines foreign the practician, and also according to the Strategy of actions in five priority directions of development of the Republic of Uzbekistan in 2017 - 2021:

1. Approve the Concept of enhancement of the penal and criminal procedure legislation of the Republic of Uzbekistan according to appendix No. 1.

The main directions and tasks of enhancement of the penal and criminal procedure legislation of the Republic of Uzbekistan to determine:

unification of regulations of the penal legislation;

enhancement of system of criminal liability and punishment;

ensuring efficient and reliable protection of the rights and freedoms of citizens, interests of society and state;

systematization and harmonization of regulations of the criminal procedure legislation;

enhancement of mechanisms of reliable providing guarantees of the rights and personal freedoms in criminal procedure;

implementation of new forms and procedures of criminal procedure.

2. Accept the offer of the Prosecutor General's Office, Supreme Court and Ministry of Internal Affairs of the Republic of Uzbekistan on step-by-step digitalization of procedure for the production on criminal cases performed within the pilot project "Electronic criminal case" providing:

implementation of the protected system allowing message electronically production on criminal cases and exchange of information of bodies of inquiry between bodies of prosecutor's office, courts and bodies of execution of the punishment, and also other organizations when carrying out legal proceedings including by integration of information systems and databases, automation of maintaining statistics on criminal cases;

possibility of information exchange of physical persons and legal entities with bodies of inquiry, courts and bodies of prosecutor's office through the Internet taking into account implementation of the single identifier of the document;

forming of single electronic forms of criminal procedure documents in case of production of inquiry on criminal cases;

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