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 criminal court judges:
about any administrative offense if the offender disputes the offense fact;
about release of the offender from the administrative responsibility in view of insignificance of committed administrative offense;
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, except as specified, provided by parts two, third and fourth Article 60, Articles 601, of 65, of 68, 68-1, 99 (regarding inspectorate for control in the field of construction) and 283 KOAO;
about several administrative offenses, at least one of which is subordinated to criminal court judge;
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;
violation from body (official) who constituted the protocol on administrative offense of the requirements provided by Articles 281, of 282 KOAO.
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).
4-1. In Items 5 - the 7th article 283 KOAO of the Republic of Uzbekistan (cases when the protocol on administrative offense is not constituted), the right to appeal to the court without creation of the protocol on administrative offense with indication of is provided in the statement of information about the identity of the offender, the place of making of administrative offense, time and nature of this violation, and also other data necessary for permission of case.
It is necessary to draw the attention of courts that the applications (claims) submitted according to requirements of the Law shall be considered by courts how are you about administrative offense, and statements (claim) which are not conforming to the specified requirements are subject to return, by removal of determination based on requirements of item 4 of this Plenum.
Courts should explain that KOAO and other regulating documents, establish special procedure for accountability of the individuals who made administrative offense.
In particular, military personnel and persons liable for call-up called on charges, and also face of the private and the commanding structure of law-enforcement bodies and National guard of the Republic of Uzbekistan bear responsibility for administrative offenses under disciplinary charters (KOAO part 1 Article 16).
Persons to whom operation of disciplinary charters or special regulations on discipline extends in the cases which are directly provided by them bear for making of administrative offenses disciplinary responsibility, and in other cases - the administrative responsibility in accordance with general practice (KOAO part 2 Article 16).
The question of responsibility of staff of bodies of prosecutor's office for administrative offenses, is solved the Attorney-General of the Republic of Uzbekistan, his deputies, the prosecutor of the Republic of Karakalpakstan, prosecutors of areas, the city of Tashkent and prosecutors equated to them within their competence according to the procedure, stipulated by the legislation (the second paragraph of Item 54 of the Regulations on service in bodies and organizations of prosecutor's office of the Republic of Uzbekistan approved by the Resolution of the President of the Republic of Uzbekistan of September 12, 2013 No. PP-2036)
The judge cannot be brought to the administrative responsibility without receipt of the conclusion of the relevant qualification board of judges (The law "About Courts" Article 64, Item 5).
Courts shall return applications (claims) which arrived concerning specified persons, and also other persons concerning whom such special procedure is established by removal of determination without considering them in essence.
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