Approved by the Law of the Republic of Uzbekistan of January 25, 2018, No. ZRU-462
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.
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.
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.
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.
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 appeal or cassation, corresponding auditing instances, 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.
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.
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 of appeal, cassation and auditing claims (protests) resolutions are accepted by courts of appeal, cassation and auditing instances
.Acts of court by which case is not allowed in essence are taken out in the form of determinations.
Justice on administrative cases is performed only by court by the rules established by this Code.
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, beliefs, social origin, social standing, and legal entities - irrespective of pattern of ownership, the location, and also other circumstances.
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.
Administrative legal proceedings are performed on the basis of active role of court.
Court, without being limited to explanations, statements, petitions of persons participating in case, the evidence and other case papers produced by them, comprehensively, full and objectively researches all actual circumstances important for the correct permission of administrative case.
The court on own initiative or according to the petition of persons participating in case collects corroborating evidences, and also performs other operations directed to the solution of tasks of administrative legal proceedings.
Persons participating in case shall render court assistance in research of the actual facts of the case and assembled proofs.
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.
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.
The court by consideration of administrative case shall research directly all proofs on case.
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.
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.
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, cassation and auditing procedure is performed jointly as a part of three judges.
Consideration of the case in Presidium of the Supreme Court of the Republic of Uzbekistan in auditing procedure is performed jointly with the assistance of most of members of Presidium of the Supreme Court of the Republic of Uzbekistan
.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.
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.
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.
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, cassation or auditing 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, cassation or auditing 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, cassation or auditing 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, appeal or auditing instance.
The judge who was involved in consideration of the case in court of auditing instance cannot participate in consideration of this case in court of the first, appeal or cassation instance, and also in case of reconsideration of the case in auditing procedure in court of higher instance.
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.
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.
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.
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.
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.
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.
Combination of several requirements connected among themselves from which one are subordinated to administrative court, and others to economic court or court on civil cases is not allowed.
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;
8) about appeal of executive or other document on which collection is made in indisputable procedure, according to the requirements arising from administrative and other public legal relationship.
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.
The applicant has the right to show along with the statement (claim) specified in this Article, also indemnification requirement, consisting with these requirements in cause and effect relationship.
The indemnification requirements declared separately from the requirements specified in this Article are subject to consideration in court on civil cases or economic court on jurisdiction.
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.
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.
In case of submission of demand in administrative court with jurisdiction abuse of regulations the statement (claim) is submitted to court on civil cases or economic court on jurisdiction.
If when considering the case it is revealed that the statement (claim) was adopted to production with jurisdiction abuse of regulations, the administrative court takes out determination about transfer of case papers into consideration of court on civil cases or economic court on jurisdiction and the termination of administrative legal proceedings.
Determination about transfer of the statement (claim), case papers from administrative court in other court on jurisdiction can be appealed (is protested).
The statement (claim), the case papers transferred from administrative court to other court on jurisdiction shall be accepted by court to which they are transferred.
Disputes on jurisdiction between courts in the Republic of Uzbekistan are not allowed.
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.
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.
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.
Military courts of the Republic of Uzbekistan consider the administrative cases referred by the law to their competence.
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.
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.
The case accepted by court to the production with observance of rules of cognizance shall be considered by it in essence, at least further it became cognizable to other administrative court.
The court submits case of other administrative court if:
1) when considering the case in this court came to light that it was accepted to production with cognizance abuse of regulations;
2) after removal of one or several judges their replacement in this court becomes impossible, and also in other cases when it is impossible to consider case in this court.
About case referral determination is submitted for consideration of other administrative court.
The case directed from one court to another shall be taken cognizance by court to which it is directed.
Disputes on cognizance between administrative courts are not allowed.
Capability have administrative procedural law and obligations (administrative standing in court) is recognized equally for all citizens and legal entities.
Capability perform the rights and obligations in court belongs to the citizens who reached age of majority and legal entities.
The minor can personally perform the procedural law and carry out procedural obligations in court in case the law allows marriage before achievement of eighteen years, - since marriage, and also in case of its announcement in the procedure established by the law sui juris (emancipation).
The rights, freedoms and interests of the minor protected by the law aged from fourteen up to eighteen years, and also the citizen recognized restrictedly as capable defend themselves in court their legal representatives (parents, adoptive parents, custodians, administration of educational, medical institutions or other similar organizations). However, the court has the right to recruit in such cases of the most minor or the citizen recognized restrictedly as capable.
In the cases provided by the law on the cases arising from administrative legal relationship, the minor has the right to personally protect the rights and interests protected by the law in court. However, the court has the right to recruit in such cases of legal representatives of the minor.
The rights, freedoms and interests of the minor who did not reach fourteen years protected by the law and also the citizen recognized incapacitated owing to mental disturbance (sincere disease or weak-mindedness) defend themselves in court their legal representatives.
Participants of administrative legal proceedings are persons participating in case and persons promoting justice implementation.
Persons participating in case are the parties, the third parties, the prosecutor, state bodies and other persons, owing to the powers assigned to them.
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