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PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of July 13, 2018 No. UP-5482

About measures for further enhancement of judicial system of law and increase in trust to judicial bodies

(as amended on 20-01-2021)

The main priorities of state policy in the field of reforming of judicial system of law are ensuring authentic independence of judicial authority, reliable protection of the rights and freedoms of citizens, and also increase in the access level to justice.

For last period the complex measures directed to increase in efficiency of activities of judicial system, enhancement of procedure for selection and arrangement of judges, ensuring removal on each case of the legal, reasoned and fair judgment are realized.

In particular, the Supreme judicial council of the Republic of Uzbekistan is formed, are created the single supreme body of judicial authority - the Supreme Court of the Republic of Uzbekistan, administrative courts, and also the procedure for appointment (election) for judges for termless period of service is implemented.

Expansion of practice of consideration of legal cases of all categories on field judicial sessions became important measure in establishing open dialogue with the population and increase in openness of judicial authority.

At the same time, the analysis of activities of judicial bodies revealed number of the problems and shortcomings interfering effective implementation of the tasks assigned to them.

In particular, at the unsatisfactory level work of the courts with the public and mass media is organized that does not allow to provide due publicizing of judicial activities and brings to decrease in trust of the population to judicial authority in general.

There does not correspond to special status and the authority of judicial authority, the principles of independence of judges the operating system of material security and social protection of judges that interferes with further stimulation of professional growth and leads to staff turnover.

For the purpose of improvement of quality of administration of law, strengthening of guarantees of protection of the rights, freedoms and legitimate interests of physical persons and legal entities, and also according to the Strategy of actions in five priority directions of development of the Republic of Uzbekistan in 2017 - 2021:

1. Accept the offer of the Supreme Court, the Supreme judicial council of the Republic of Uzbekistan and Association of judges of Uzbekistan on further ensuring transparency of activities of judicial authorities, expansion of open dialogue with the population and strengthening of role of the public in administration of law in the way:

step-by-step implementation of procedure for systematic publication on the website of the Supreme Court of the Republic of Uzbekistan of judgments;

implementations in practice of courts of giving to participants of legal procedure of explanations of essence of the adopted court resolution after its announcement;

carrying out regional courts by chairmen and their deputies of quarterly briefings for the purpose of informing the public and mass media on activity of the courts;

publications of quarterly reviews of practice of consideration of legal cases according to the procedure of supervision by judicial boards of the Supreme Court of the Republic of Uzbekistan, in appeal and cassation procedure - the regional and equated to them courts.

2. Accept the offer of the Supreme judicial council of the Republic of Uzbekistan on creation in each region of the commissions rendering assistance in forming of the judicial case for the purpose of increase in trust to objectivity and transparency of selection and appointment to positions of judges.

3. Approve offers of the Supreme Court, the Supreme judicial council and the Ministry of Finance of the Republic of Uzbekistan about:

review of the operating privileges on payment of the state fee in case of the appeal to courts and rates of the state fees;

establishment of contributions to Fund of development of judicial bodies in the amount of 40 percent (since October 1, 2021 - 5 percent) from the amounts arriving in the Government budget of the Republic of Uzbekistan from payment of the state fees and penalties on the cases considered by courts on criminal and civil cases, administrative, economic and public courts and also from the amounts collected in the Government budget of the Republic of Uzbekistan according to executive documents, except for penalties of tax debt for the realization account of property of the debtor.

4. Approve grades of compensation of judges and employees of the Supreme Court, subordinate courts, and also Department in ensuring activity of the courts under the Supreme Court of the Republic of Uzbekistan and its territorial departments of the Single scale of charges according to appendices No. No. 1 - 5.

5. Determine that since August 1, 2018:

the size of the monthly allowance for special working conditions to official pay rates of judges and workers of the office of courts, the Constitutional court, the Supreme judicial council, Department on ensuring activity of the courts under the Supreme Court of the Republic of Uzbekistan and its territorial departments having qualification class and the class rank constitutes 50 percent, included in structure of official pay rate in case of calculation of the stimulating surcharges and allowances established by the legislation;

the sizes of length-of-service allowances, to official pay rates (work incentives coefficient) and surcharges for qualification class of judges and the class rank of workers of the office of courts, the Constitutional court, the Supreme judicial council, Department on ensuring activity of the courts under the Supreme Court of the Republic of Uzbekistan and its territorial departments are equated to the sizes established for employees of judicial authorities;

At the same time the allowance is not paid to chairmen of the Constitutional court, the Supreme Court, the Supreme judicial council and their deputies, the head of the press service of the Supreme Court, the director of the Higher school of judges and his deputy, and also the director of the department of ensuring activity of the courts for special working conditions.

Action of this Item also extends to judges, the elite in accordance with the established procedure or appointed by decisions of the President of the Republic of Uzbekistan to positions in state bodies and the organizations, including before entry into force of this Decree, and also the judges having qualification classes, with preserving all allowances and surcharges provided in these state bodies and the organizations. At the same time action of paragraphs two and third this Item does not extend to employees of Administration of the President of the Republic of Uzbekistan

Operating time in state bodies and the organizations of the judges specified in paragraph five of this Item joins in judicial years of service from the moment of the beginning of their labor activity in these bodies and the organizations.

6. The expenses connected with implementation of actions, stipulated in Item 5 these Decrees are made at the expense of means of the Government budget of the Republic of Uzbekistan.

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