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PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of December 7, 2020 No. UP-6127

About measures for ensuring authentic independence of judges and increase in efficiency of the prevention of corruption in judicial system

In the country consecutive work on ensuring authentic independence of judges, enhancement of system of selection, preparation and appointment of qualified personnel to judgeship, and also increase in belief of citizens in fair justice is carried out.

At the same time in selection processes and appointments to positions in judicial system of the worthy personnel having necessary knowledge and life experience, and also objective assessment of activities of judges modern information and communication technologies are not implemented that is the reason of insufficient ensuring transparency of works in this direction.

Along with it deep studying and the analysis of the reasons and conditions generating corruption, and also effective adjustment of system of counteraction and the prevention of corruption in system of judicial authority are required.

For the purpose of completion of judicial system qualified and fair fair personnel, ensuring openness and transparency in activities of judicial authorities, further increase in trust of citizens and subjects of entrepreneurship to judicial authority, and also implementation of the State program on anti-corruption for 2019-2020 approved by the Presidential decree of the Republic of Uzbekistan of May 27, 2019 No. UP-5729:

1. Determine the main directions of state policy by ensuring independence of judges and the prevention of corruption in judicial system:

creation of the legal mechanisms providing effective protection of professional activity of judges on administration of law from external impacts in any manifestations;

ensuring objectivity and transparency in case of selection, preparation and position assignment of the judge, and also assessment of activities of judges, consecutive implementation of modern information technologies in these processes;

the organization of the system directed to the prevention and early identification of manifestations of corruption among judges and workers of the office of courts, irreconcilable assessment of each elicited corruption fact in judicial system;

forming of the highly professional judicial case by realization of package of measures for increase in professional qualification, spirituality and judicial responsibility.

2. Agree with offers of the Supreme judicial council (further - Council) and the Supreme Court, providing:

a) since February 1, 2021, in the field of the prevention of manifestations of corruption in judicial system, ensuring openness and transparency of activities of Council and judicial system:

the organization of online lighting through the Internet (website) of examination processes in case of candidate screen for appointment for the first time to judgeship;

development and deployment of the electronic program rendering assistance in case of assessment of suitability of profession of candidates for judgeship and judges on their psychological portrait;

development and deployment in practice of the specific criteria providing open and transparent efficiency evaluation of activities of judges by means of electronic rating;

b) since January 1, 2021, forming of qualification boards of educated courts of law of the Republic of Karakalpakstan, areas and the city of Tashkent.

3. For the purpose of the prevention of any manifestations of intervention in the activities of judges connected with administration of law in case of the solution of question of their legal responsibility to establish procedure, according to which since 2021:

representations on the facts of violation of immunity of judges and the interventions in their activities for administration of law brought by the chairman of the board are considered by bodies of prosecutor's office in a month, and the Prosecutor General's Office of the Republic of Uzbekistan sends to Council the notification on excitement or refusal in initiation of legal proceedings;

the challenge of judges in law enforcement agencies for interrogation as the witness or the suspect is allowed only with the consent of the relevant qualification board;

the chairman of the board following the results of year provides to the President of the Republic of Uzbekistan information on the factors interfering ensuring independence of judicial authority, immunity of judges and administration of law and also on anti-corruption condition in judicial system.

4. Approve the offers of Council on eradication on system basis of the factors generating corruption in courts, and increase in efficiency of anti-corruption providing:

introduction of position of the vice-chairman of the Council appointed to position and dismissed by the President of the Republic of Uzbekistan, performing the activities on permanent basis;

creation of Judicial inspectorate for ensuring immunity of judges and to the prevention of corruption based on Judicial inspectorate for ensuring immunity of judges;

abolition of the sector on professional training of judges;

creation of the press service and the first department based on the sector of interaction with mass media, and also information and analytical division, division on work with addresses, divisions on implementation of information and communication technologies and ensuring information security, financial and economic department, archive and office based on executive office;

assignment on Council of task of establishment together with qualification boards of judges of the specific corrective measures revealed in the generalized analysis of the claims arriving in Council;

the organization of stimulation of activities of judges for administration of law, organization of the award "Ibratli Judge" and the breastplate "Court of fakhriysa" for the judges, for long years who were performing effective activities for administration of law and retired;

creation of the Club of judges (further - Club) under Council performing activities on a voluntary basis and given the right of provision of consultations of advisory nature on the correct use of existing rules of substantive and procedural law, and also explanations on requests of judges about application of rules of ethics in certain situations.

Determine that the Club performs the activities based on the Provision approved by Council, the list of his permanent responsible members is created of number of the acting and honorary judges having long experience of work having profound knowledge and enjoying high authority.

5. To council (H. B. Yodgorov) in a month:

together with Association of judges (U. K. Mingboyev) and the Supreme Court (K. F. Kamilov) to take measures for the organization of activities of Club;

approve regulations on procedure for winning of the award "Ibratli the judge" and rewarding with the breastplate "Court of fakhriysa".

6. Due to the introduction of position of the vice-chairman of the Council performing activities on permanent basis to abolish position of the deputy director of the Higher school of judges on scientific and information and analytical work.

7. Form under Council Examination committee on consideration of addresses of the candidates for the judgeship not concordant with results of admission and final exams at the Higher school of judges performing activities on a voluntary basis and being body of judicial community and also establish procedure for appeal of decisions of this commission in Council.

8. Approve:

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