of November 30, 2018 No. 35
About some questions of application by courts of the legislation regulating hearing of cases about administrative offenses
Due to the changes made to the Code of the Republic of Uzbekistan about the administrative responsibility, the questions arising in court practice and for the purpose of ensuring uniform and correct use of the provisions of the law, being guided by article 17 of the Law of the Republic of Uzbekistan "About courts" the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Draw the attention of courts to need of strict observance of the regulations of the Code of the Republic of Uzbekistan about the administrative responsibility (further - KOAO) regulating hearing of cases about administrative offenses.
2. The list put about the administrative offenses subordinated to criminal court judge (further - the court) is provided in part one of article 245 KOAO.
It must be kept in mind that according to parts two and third article 245 KOAO also cases are subordinated to courts:
about any administrative offense if the offender disputes the offense fact;
about release of the offender from the administrative responsibility;
about application to the offender of softer administrative punishment, than it is provided by the sanction of Article of the Special part of KOAO;
about the administrative offenses made by individual entrepreneurs and (or) their workers, connected with implementation of business activity;
about the administrative offenses made by officials and (or) workers, subjects of entrepreneurship - the legal entities connected with implementation of business activity;
about several administrative offenses, at least one of which to subordinated administrative court;
about administrative offenses if collection in the form of deprivation of the special right, confiscation or paid withdrawal of objects is provided in the sanction of article of the law.
3. By preparation for consideration of the case about administrative offense the judge according to article 303 KOAO resolves questions:
Whether 1) consideration of the case is within the competence of court;
Whether 2) the protocol and other case papers on administrative offense are correctly constituted;
Whether 3) persons who are involved in consideration of the case are informed on time and the place of its consideration;
Whether 4) there is need of reclamation in the matter of additional materials;
Whether 5) are available in the matter of the petition of person brought to the administrative responsibility, the victim, their legal representatives, and also the lawyer.
By preparation for consideration of the case the judge can resolve also other questions necessary for its correct consideration.
4. The judge takes out determination about return of case on administrative offense to body (official) who constituted the protocol on administrative offense or issued the decree on initiation of proceedings on administrative offense if by preparation for consideration of the case it is established:
not jurisdiction put about administrative offense to court;
In determination about return of case on administrative offense shall be specified what requirements of the law are violated.
Determination of court about return of case on administrative offense can be appealed (is protested).
5. Under the law case on administrative offense is considered by court in the place of its making. At the same time, it must be kept in mind that article 304 KOAO provides also cases when these cases can be considered in the place of accounting of vehicles or at the place of residence of the offender.
6. Cases on administrative offenses are considered by court in fifteen-day time from the date of receipt of the protocol on administrative offense and other case papers. However for consideration of separate categories of cases the law provides shorter terms (part two of article 305 KOAO).
7. Explain to courts that contents of the protocol on administrative offense, resolutions on initiation of proceedings on administrative offense, and also documents attached to them shall conform to requirements of articles 281 and 282 KOAO.
The court returns the protocol or the resolution on initiation of proceedings on administrative offense to the relevant organ or the official who constituted it for remedial action if the protocol is constituted or the decree on initiation of administrative proceedings is issued by the official, unauthorized on that, and also in cases if in it are not specified:
date and the place of its creation, position, surname, name, middle name of person which constituted the protocol;
time and place of making of administrative offense and its essence;
information about the identity of the offender, the regulatory legal act providing responsibility for this offense;
data on involvement of person earlier to administrative or criminal liability;
surnames, addresses of witnesses and victims (if they are available), explanations of the offender, and also other data necessary for permission of case.
The court returns the protocol or the resolution on initiation of proceedings on administrative offense and in cases if:
person made responsible is not informed of case papers;
person made responsible is not handed the copy of the protocol or the resolution;
the rights, stipulated in Article 294 KOAO are not explained to person made responsible.
Time spent for elimination of the available shortcomings does not stop current of terms, stipulated in Article 36 KOAO.
8. When considering the case about administrative offense the court shall take measures to providing the rights of person brought to the administrative responsibility, stipulated in Article 294 KOAO. In particular, person brought to the administrative responsibility has the right:
get acquainted with case papers, offer explanations, produce the evidence, declare petitions;
use legal aid of the lawyer;
be present when considering the case, act in the native language or use translation service;
appeal the resolution on case.
Person brought to the administrative responsibility shall not prove the innocence.
Violation of the rights of person brought to the administrative responsibility is the basis for cancellation of the resolution on administrative prosecution.
9. Explain that under the law (article 13 KOAO) of the administrative responsibility persons which reached by the time of making of administrative offense of sixteen-year age are subject.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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