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Approved by the Law of the Republic of Uzbekistan of January 25, 2018, No. ZRU-462

THE CODE OF THE REPUBLIC OF UZBEKISTAN ABOUT ADMINISTRATIVE LEGAL PROCEEDINGS

(as amended on 16-09-2021)

Section I. General provisions

Chapter 1. Basic provisions

Article 1. Legislation on administrative legal proceedings

The legislation on administrative legal proceedings consists of of this Code and other acts of the legislation.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about administrative legal proceedings then are applied rules of the international treaty.

Article 2. Tasks of administrative legal proceedings

Tasks of administrative legal proceedings are:

ensuring rule of law, the rights and legitimate interests of citizens, and also the companies, organizations, organizations (further - legal entities) in the relations with administrative authorities;

protection of the violated or disputed rights, freedoms and legitimate interests of citizens and legal entities in the field of administrative and other public legal relationship;

assistance to strengthening of legality and to the prevention of violations in the field of administrative and other public legal relationship;

forming of respect for the law and court.

Article 3. Coverage of this Code

Action of this Code expatiates much implementation of administrative legal proceedings by consideration and permission of administrative cases on protection of the violated or disputed rights, freedoms and legitimate interests of citizens and legal entities.

Action of this Code does not extend to production on cases on administrative offenses.

Article 4. Right to appeal to the court

Any interested person has the right to appeal to administrative court (court) behind protection of the violated or disputed rights or interests protected by the law.

In cases, stipulated by the legislation, the prosecutor, state bodies and other persons has the right to appeal to court.

The disclaimer on appeal to the court is invalid.

Article 5. Form of appeal to the court

Appeal to the court is performed in shape:

statements (claim) and petition - on administrative cases about protection of the violated or disputed rights, freedoms and legitimate interests of citizens and legal entities, and also in other cases provided by this Code;

the claim (protest) - in case of the appeal to courts of appeal and cassation instance, and also in other cases provided by this Code and other laws.

The address and documents attached to it can be taken to court in the form of the electronic document.

Article 6. Administrative case

Administrative case is created on the basis of the documents brought into court by persons participating in case, and other participants of administrative legal proceedings, or requested by court and also the court and other resolutions which are drawn up on papers.

Administrative case can be created electronically.

When forming administrative case electronically persons participating in case and other participants of administrative legal proceedings have the right to bring the documents electronically confirmed with the digital signature into court. The written instruments brought into court by persons participating in case and other participants of administrative legal proceedings are filed electronically then written instruments return to persons which provided them.

In case of forming of administrative case electronically court resolutions are confirmed by the digital signature of the judge (judges), and protocols of judicial sessions and separate legal proceedings are confirmed by the digital signature of the chairman and court session secretary.

Transfer of administrative case electronically to other administrative court or other body is performed through information system.

The administrative case created electronically can have the copy on paper.

Article 7. Court resolutions

The court adopts court resolutions in the form of the decision, determinations, resolutions.

In Trial Court by results of substantive prosecution the decision, the resolution is made.

By results of consideration appeal, writs of appeal (protests) resolutions are accepted by courts of appeal and cassation instances.

Acts of court by which case is not allowed in essence are taken out in the form of determinations.

Chapter 2. Principles of administrative legal proceedings

Article 8. Justice implementation only court

Justice on administrative cases is performed only by court by the rules established by this Code.

Article 9. Equality before the law and court

Justice on administrative cases is performed on the basis of equality before the law and court of citizens - irrespective of floor, race, nationality, language, religion, social origin, beliefs, personal and social standing, and legal entities - irrespective of pattern of ownership, the location, and also other circumstances.

Article 10. Independence of judges and subordination only to their law

When implementing justice of the judge are independent and submit only to the law.

Any intervention in activities of judges for administration of law is inadmissible and attracts legal accountability.

Guarantees of independence of judges are established by the law.

Article 11. Competitiveness and equality of participants

Administrative legal proceedings are performed on the basis of competitiveness and equality of participants.

Court, keeping objectivity and impartiality, creates necessary conditions for accomplishment by the parties of their procedural obligations and implementation of the rights granted to them.

The court takes measures for comprehensive and complete establishment of all actual circumstances for administrative case.

Article 12. Language of administrative legal proceedings

Administrative legal proceedings are conducted in the Uzbek, Karakalpak languages or in language of the majority of the population of this area.

The right of acquaintance with case papers, participations in judicial actions through the translator and the right to appear in court in the native language or freely chosen communication language is provided to the participants of legal procedure who are not knowing language in which administrative legal proceedings are conducted.

The court resolutions adopted during legal proceedings are constituted in the same language in which judicial session was held.

Article 13. Publicity of legal proceedings

Trial of cases in courts open.

Hearing of the case in the closed judicial session is allowed, when necessary for preserving the state secret or other secret protected by the law. Hearing of the case in the closed judicial session in the mode of video conferencing is not allowed, and audio-and the video of such meeting is not made.

When carrying out hearing in the closed judicial session case forming electronically is not allowed.

About trial of case in the closed judicial session determination is taken out.

The judgment in all cases is disclosed publicly.

Article 14. Spontaneity of legal proceedings

The court by consideration of administrative case shall research directly all proofs on case.

Article 15. Permission of administrative cases based on the legislation

The court resolves administrative cases based on the Constitution and the laws of the Republic of Uzbekistan, other acts of the legislation, and also international treaties of the Republic of Uzbekistan.

Court, having established by consideration of administrative case discrepancy of the act of administrative authority to the law, including its acceptance with abuse of authority, makes the decision according to the law.

In case of lack of the rules of law governing the disputable relation, the court applies the rules of law governing the similar relations, and in the absence of such regulations resolves dispute, proceeding from the general beginnings and sense of the laws.

By consideration of administrative cases all unremovable contradictions and ambiguities of the legislation are interpreted for benefit of citizens and legal entities.

Article 16. Obligation of court resolutions

The court resolutions which took legal effect are obligatory for all state bodies, self-government institutions of citizens, public associations, the companies, organizations, the organizations, officials and citizens and are subject to execution in all territory of the Republic of Uzbekistan.

Non-execution of court resolutions attracts the responsibility established by this Code and other laws.

Chapter 3. Structure of court

Article 17. Individual and joint hearing of cases

Administrative cases (further - case) on the first instance in interdistrict administrative court, Administrative court of the Republic of Karakalpakstan, administrative courts of areas and the city of Tashkent are considered by the judge solely, in the Supreme Court of the Republic of Uzbekistan cases are considered on the first instance jointly as a part of three judges.

Consideration of the case in appeal and cassation procedure is performed jointly as a part of three judges.

Trial de novo in cassation procedure is made jointly as a part of five judges.

In case of joint consideration of the case one of judges presides in judicial session.

All judges when considering the case have the equal rights.

In case by this Code the judge is granted the right to solely consider case and to resolve single questions, it acts on behalf of court.

Article 18. Forming of structure of court

The structure of court for consideration of specific case is created taking into account loading and specialization of judges according to the procedure, excluding influence on its forming of persons interested in the result of legal proceedings with use of the automated information system.

Case which consideration is begun by one judge or structure of court shall be considered by the same judge or structure of court.

Replacement of the judge or one of judges is possible in case:

declared and satisfied according to the procedure, established by this Code, rejection or removal of the judge;

impossibility of consideration of the case in view of absence of the judge.

After replacement of the judge consideration of the case is started anew.

Article 19. Procedure for permission of questions court in joint structure

The questions arising when considering the case by court in joint structure are permitted by judges by a majority vote. None of judges have no right to refrain from vote. The judge presiding in judicial session votes the last.

The judge not concordant with opinion of the majority shall sign court resolution and has the right to state in writing the special opinion which in sealed envelope is filed, but does not appear. Persons participating in case with special opinion of the judge are not acquainted.

The court of higher instance has the right to get acquainted with special opinion of the judge.

Article 20. Inadmissibility of repeated participation of the judge in consideration of the case

The judge who was involved in consideration of the case in Trial Court cannot participate in case of new trial of this case in Trial Court if the judgment is cancelled by court of appeal or cassation instance, except cases of hearing of cases on newly discovered facts.

The judge who was involved in consideration of the case in Trial Court cannot participate in consideration of this case in court of appeal or cassation instance.

The judge who was involved in consideration of the case in Appeal Court cannot participate in consideration of this case in court of the first or cassation instance.

The judge who was involved in consideration of the case in court of cassation instance cannot participate in consideration of this case in court of the first or appellate instance or in court of cassation instance in case of de novo review of this case according to Article 248-1 of this Code.

Chapter 4. Removal of the judge and other participants of administrative legal proceedings

Article 21. Removal of the judge

The judge cannot be involved in consideration of the case and is subject to branch if it:

1) by the previous consideration of this case participated in it as the judge and his repeated participation in consideration of the case according to requirements of this Code is inadmissible;

2) by the previous consideration of this case participated in it as the prosecutor, the expert, the specialist, the translator, the court session secretary, the representative or the witness;

3) is relative of persons participating in case or their representatives;

4) personally, it is directly or indirectly interested in the outcome of the case or there are other circumstances raising doubts in his impartiality;

5) is relative of the judge who is part of the board considering case.

Article 22. Removal of the prosecutor, expert, specialist, translator and court session secretary

The prosecutor, the expert, the specialist, the translator and the court session secretary cannot be involved in consideration of the case and is subject to branch if it:

1) is relative of persons participating in case or their representatives;

2) personally, it is directly or indirectly interested in the outcome of the case or there are other circumstances raising doubts in his impartiality.

The bases for removal of the expert and the specialist also are:

1) its job or other dependency at the time of trial of case or in the past from persons participating in case or their representatives;

2) production of audit or are used by it which materials formed the basis or reason for appeal to the court when considering the case.

Article 23. Statements for branches

In the presence of the bases specified in Articles 21 and 22 of this Code, the judge, the prosecutor, the expert, the specialist, the court session secretary and the translator shall declare rejection. On the same bases branch by persons participating in case can be declared to them. Branch to the prosecutor, the expert, the specialist, the court session secretary, the translator can be considered also at the initiative of court.

Rejection or branch shall be motivated and declared prior to substantive prosecution.

During consideration of the case the statement for rejection or for branch is allowed only if the basis of rejection or branch became known to person declaring rejection or branch after the beginning of substantive prosecution.

Repeated branch on the same bases cannot be declared by the same person. In case of the statement of repeated branch it is not subject to consideration.

Article 24. Procedure for permission of the declared branch

In case of the statement of branch the court hears opinion of persons participating in case and also faces to which branch is declared if taken away wishes to offer explanations.

The question of removal of the judge considering case solely is allowed by the chairman of justices.

The question of removal of the judge when considering the case in joint structure is resolved by the same structure of court by a majority vote in the absence of the judge to whom branch is declared. In case of equal poll, given for branch and against branch, the judge is considered taken away.

The question of the branch declared to several judges or all structure of the court considering case is allowed by the same structure by a simple majority vote.

The question of rejection or of removal of the prosecutor, the expert, the specialist, the court session secretary and the translator is allowed by the court considering case.

The question of rejection of the judge is resolved by court according to the procedure, provided by this Article.

By results of consideration of question of branch determination is taken out.

Article 25. Effects of allowance of the application about branch

In case of allowance of the application about rejection or about removal of the judge, either several judges, or all structure of court case is considered in the same court, but in other list of judges.

If as a result of satisfaction of rejection and branch it is impossible to create new structure of court for consideration of the case in the same court, it shall be transferred to other court.

Chapter 5. Jurisdiction and cognizance of administrative cases

§ 1. Jurisdiction
Article 26. Jurisdiction of cases

The cases on protection of the violated or disputed rights, freedoms and legitimate interests of citizens and legal entities arising from administrative and other public legal relationship, except for the cases referred to jurisdiction of the Constitutional court of the Republic of Uzbekistan, courts on civil cases, economic courts and public vessels are subordinated to administrative court.

By the law also another matters can be carried to jurisdiction of administrative court.

The administrative court considers cases subordinated to it with participation of citizens, legal entities and administrative authorities, and also foreign legal entities, the international organizations, foreign citizens, the stateless persons performing the activities in the territory of the Republic of Uzbekistan if other is not provided by the international treaty of the Republic of Uzbekistan.

In case of combination of several requirements connected among themselves from which one are subordinated to administrative court and others - to court on civil cases, all requirements are subject to consideration in court on civil cases.

Combination of several requirements connected among themselves from which one are subordinated to administrative court, and others to economic court is not allowed.

Article 27. The cases permitted by court

The court resolves cases:

1) about contest of departmental regulatory legal acts;

2) about contest of decisions, actions (failure to act) of public authorities on places, state bodies, other organizations authorized on implementation of administrative and legal activities (further - administrative authorities), the self-government institutions of the citizens and their officials who are not corresponding to the legislation and violating the rights and interests of citizens or legal entities protected by the law;

3) about contest of actions (decisions) of the electoral commissions;

4) about contest of refusal in making of notarial action, registration of civil registrations or actions (failure to act) of the notary or official of body of civil registration;

5) about appeal of refusal in state registration or evasion from state registration at the scheduled time;

6) on investment disputes, specified in Article 27-1 of this Code;

7) about the competition, specified in Article 27-2 of this Code.

The court resolves also other cases on protection of the violated or disputed rights, freedoms and legitimate interests of citizens and legal entities arising from administrative and other public legal relationship, referred by the law to its competence.

Article 27-1. Cases on investment disputes

Cases between investors and administrative authorities, self-government institutions of citizens on decisions, actions (failure to act) of their officials connected with observance of conditions of the investment agreement belong to investment disputes.

Article 27-2. Cases on the competition

Cases on the competition are the disputes carried to cognizance of administrative court, between legal entities, including foreign, bodies of economic board, individual entrepreneurs and antimonopoly authority, following from the relations in the field of the competition in the goods and financial markets.

§ 2. Cognizance
Article 28. Cognizance of cases

The cases subordinated to court are considered by interdistrict administrative courts, except for put, cognizable to Administrative court of the Republic of Karakalpakstan, administrative courts of areas and the city of Tashkent, and also the Supreme Court of the Republic of Uzbekistan.

At the request of the large investor on investment disputes, the parties on cases on the competition of case of this category are considered by directly Supreme Court of the Republic of Uzbekistan, other investment disputes over desire of the investor are considered by Administrative court of the Republic of Karakalpakstan, administrative courts of areas and the city of Tashkent as Trial Court.

Article 29. Cases, cognizable to Administrative court of the Republic of Karakalpakstan, administrative courts of areas and city of Tashkent

The administrative court of the Republic of Karakalpakstan, administrative courts of areas and the city of Tashkent consider the cases connected with the state secrets as Trial Court.

The administrative court of the Republic of Karakalpakstan, administrative courts of areas and the city of Tashkent depending on special circumstances has the right to withdraw any case from interdistrict administrative court and to accept it to the production on the first instance, to submit the case from one court to another.

Article 30. Cases, cognizable to the Supreme Court of the Republic of Uzbekistan

The Supreme Court of the Republic of Uzbekistan considers cases as Trial Court:

1) about contest of departmental regulatory legal acts;

2) about contest of actions (decisions) of Central Election Commission of the Republic of Uzbekistan.

The Supreme Court of the Republic of Uzbekistan considers as Trial Court and other cases referred by the law to its competence.

The Supreme Court of the Republic of Uzbekistan depending on special circumstances has the right to withdraw any case from any administrative court and to accept it to the production on the first instance, to submit the case from one court to another.

The Supreme Court of the Republic of Uzbekistan in case of cancellation of the decision, the resolution in case of trial de novo in cassation procedure and the directions it on new trial in Trial Court has the right to accept case to the production as Trial Court.

Article 31. Cases, cognizable to public vessels

Military courts of the Republic of Uzbekistan consider the administrative cases referred by the law to their competence.

Article 32. General rules of cognizance

The statement (claim) of the citizen or legal entity is filed a lawsuit in the location of administrative authority or on place of employment of the official whose decisions, actions (failure to act) are appealed.

Article 33. Cognizance at the choice of the applicant

The statement (claim) to several defendants who are in different places is shown in court at the choice of the applicant in the location of one of defendants.

Claims (claims) connected with investing activities of the investor who is not the large investor can be shown in interdistrict administrative court or Administrative court of the Republic of Karakalpakstan, administrative courts of areas and the city of Tashkent in the location of the defendant.

Claims (claims) connected with investing activities of the large investor and also the claims following from the relations in the field of the competition in the goods and financial markets can be shown in interdistrict administrative court or the Supreme Court of the Republic of Uzbekistan.

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