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PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of July 24, 2020 No. UP-6034

About additional measures for further enhancement of activity of the courts and increase in efficiency of justice

(as amended of the Presidential decree of the Republic of Uzbekistan of 20.01.2021 No. UP-6143)

In recent years in the country consecutive work on further enhancement of judicial system of law, strengthening of measures of reliable protection of the rights and legitimate interests of citizens and entrepreneurs, effective ensuring justice, and also increase in role of bodies of judicial community is carried out.

As a result of the carried-out work protection of justices of the person in case of administration of law is lifted to new level.

In particular, thousand unfairly accused persons, in the relation of more 3,5 thousand young people and women, on delusion who took way of crime who could be sentenced to custodial sanction are acquitted about 2,3, on the basis of the guarantee waved and the public milder pinishments are imposed that allowed them to remain in circle of the family, 60 employees of the law enforcement bodies which roughly violated human rights are brought to trial.

Along with it the remaining excessive bureaucratic barriers in ensuring judicial protection, availability of duplicative stages of review of judgments, not up to standard organized judicial protection of the rights of investors and some other shortcomings require review of the operating system of judicial authorities regarding compliance to modern requirements and international standards.

For the purpose of consecutive realization of the tasks in the judicial and legal sphere determined in the President's letter of the Republic of Uzbekistan to Oliy Majlis of January 24, 2020, increase in the access level of citizens to justice, improvements of quality of hearing of cases in courts, and also expansions of mechanisms of providing in practice of equality and competitiveness of the parties promoting adoption of objective, fair and legal judgments:

1. Take into consideration that by the Supreme Court of the Republic of Uzbekistan together with the Supreme judicial council and judicial community according to the procedure of the legislative initiative the bill providing realization since January 1, 2021 of the following organizational structural changes in judicial system is drafted:

formation of courts of law of the Republic of Karakalpakstan, areas and the city of Tashkent based on the regional and equated to them courts on civil cases, on criminal cases and economic courts with preserving strict specialization of judges and formation of separate judicial boards by legal proceedings types;

delegation of power of administrative courts on hearing of cases about administrative offenses to criminal court judges;

education in the centers of the Republic of Karakalpakstan and areas, the city of Tashkent of the interdistrict administrative courts specializing in hearing of cases, following from administrative and other public relations with abolition in this regard district (city) administrative courts and preserving administrative courts of the Republic of Karakalpakstan, areas and the city of Tashkent;

abolition of the Amu Darya, Nurabadsky, Baysunsky and Pastdargomsky district economic courts;

formation of Yangiyulsky interdistrict court on civil cases, Urgutsky, Sokhsky, Hatyrchinsky, Pakhtakorsky district courts on civil cases, Pastdargomsky interdistrict economic court, Buzatovsky, Takhiatashsky, Bandikhansky, Tuprokkalinsky district courts on criminal cases;

provision of the right of appeal in the Supreme judicial council of decisions of the Highest qualification board of judges of the Republic of Uzbekistan, and also qualification boards of judges of courts of the Republic of Karakalpakstan, areas and the city of Tashkent.

To the Supreme Court of the Republic of Uzbekistan together with the Supreme judicial council in two-month time to introduce to Oliy Majlis of the Republic of Uzbekistan the relevant bill on the questions provided in this Item.

2. Approve the offers of the Supreme Court, the Supreme judicial council, the Prosecutor General's Office and Chamber of lawyers of the Republic of Uzbekistan providing since January 1, 2021:

a) abolition of institute of consideration of legal cases according to the procedure of supervision, cancellation of the right of the chairman of the Supreme Court, the Attorney-General of the Republic of Uzbekistan and their deputies on introduction of protest according to the procedure of supervision on decisions, sentences, determination and the court order;

b) introduction of the stage of initial hearing giving opportunity of operational identification and elimination of the factors interfering consideration of criminal case in accordance with general practice, determinations of procedure for decision making on case with participation of the parties and respect for the principle of competitiveness at stage of purpose of case to consideration in court;

c) implementation of procedures, according to which:

decisions of interdistrict, district (city) courts can be reviewed in appeal procedure by the regional and equated to them courts, and the solutions of the regional and equated to them courts which are taken out as Trial Court - judicial boards of the Supreme Court of the Republic of Uzbekistan;

the decisions of the courts considered in appeal procedure can be reviewed in cassation procedure by judicial boards of the Supreme Court of the Republic of Uzbekistan;

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