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PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of July 5, 2021 No. UP-6256

About measures for enhancement of judicial and expert system in the Republic of Uzbekistan

For the purpose of comprehensive enhancement of the judicial and expert sphere in the Republic of Uzbekistan, forming of the main directions of carrying out scientific research on problems of the sphere and development of the theory and practice of judicial examination in the country, further support of activities of the non-state judicial and expert organizations, and also determination of specific measures for system reforming of the judicial and expert sphere for the medium term:

1. Approve:

The concept on development of judicial and expert activities in the Republic of Uzbekistan for 2021 - 2025 (further - the Concept) according to appendix No. 1;

"Road map" on the works which are carried out in 2021 - 2023 within the Concept on development of judicial and expert activities in the Republic of Uzbekistan for 2021 - 2025 (further - "Road map") according to appendix No. 2.

2. Determine the priority directions of development of judicial and expert activities:

ensuring objectivity and independence of judicial examination, regular enhancement of regulatory framework of the sphere;

expansion of judicial and expert activities, improvement of quality and reliability of judicial examination;

development of research works in judicial and expert activities, including enhancement of methodology and regulations, and also implementation to the sphere of achievements of science and technology;

increase in potential of personnel of judicial and expert activities, creation of effective system of training of court experts;

development of institute of non-state judicial examination;

providing and development of international cooperation in the sphere of judicial and expert activities;

strengthening of material and technical resources of judicial and expert activities.

3. Approve structure of Council for implementation of the Concept on development of judicial and expert activities in the Republic of Uzbekistan for 2021 - 2025 (further - Council) according to appendix No. 3.

4. Assign to Council (R. K. Davletov) the following tasks:

ensuring interdepartmental interaction on complex studying and the system problem resolution in the sphere of judicial examination;

rendering services as interdepartmental advisory platform in timely and high-quality holding the actions directed to implementation of the Concept and "Road map";

the organization of meetings, seminars, "round tables" and press conferences within implementation of the Concept with broad involvement of institutes of civil society, representatives of mass media and scientific community.

5. Agree with offers of the Ministry of Justice, Prosecutor General's Office and Supreme Court on creation of the Research institution of judicial examination (further - Institute) consisting of 15 established posts in structure of the Republican center of judicial examination of name X. Suleymanova under the Ministry of Justice (further - the Center of name X. Suleymanova).

Determine that:

established posts of Institute are created at the expense of 10 established posts of bodies and organizations of justice, and also 5 established posts of bodies and healthcare institutions;

financing of activities of Institute is made within means of the Center of name X. Suleymanova.

6. Determine the main objectives of Institute:

carrying out research works in the sphere of judicial examination;

rendering scientific and methodical assistance to the public judicial and expert institutions and non-state judicial and expert organizations;

enhancement of scientific bases of the solution of judicial and expert tasks and development of single scientific and methodical approaches;

rendering the methodical help to judicial and law enforcement agencies, educational institutions and scientific organizations;

taking measures to implementation of achievements of science and technology in judicial and expert activities;

development of evidence-based offers and efficient mechanisms of complex studying and the solution of system problems in the sphere of judicial examination;

entering of offers on development and step-by-step implementation into practice of new types and methodologies of judicial examination by studying on permanent basis of requirement of law enforcement agencies and courts for the qualified conclusions of judicial examination;

development of offers on widespread introduction to the sphere of judicial examination of the advanced information technologies and innovations.

To the Ministry of Justice in two-month time to introduce in accordance with the established procedure to the Cabinet of Ministers the draft of the resolution including the work plan on the organization of activities of Institute and realization of the tasks assigned to it.

7. Establish procedure according to which:

a) since September 1, 2021:

grant to the state and non-state judicial and expert organizations the right of carrying out researches on types of judicial examination according to the list approved by the Cabinet of Ministers on contractual basis, according to appeals of physical persons and legal entities. At the same time by results of research the opinion of the specialist is represented;

resolve lawyers in pre-judicial preparation and legal procedure of economic, civil and administrative legal proceedings initiation of conducting examination in the state and non-state judicial and expert organizations on contractual basis at the request of the lawyer on the basis of the right of submission of the expert opinion in legal proceedings;

implement the mechanism of carrying out times in three years of certification of experts of the non-state judicial and expert organizations for the purpose of determination of professional qualification and ensuring increase in their knowledge and skills on regular basis;

b) start since March 1, 2022 the Single electronic information system "E-ekspertiza" intended for complex automation of processes of collection and processing of information about court experts and examination, bringing to the population and authorized bodies of information in the sphere of judicial and expert activities, and also providing all types of information exchange with the organizations involved in accomplishment of expert actions.

To the Ministry of Justice in two-month time together with:

the interested ministries and departments - to submit for approval in the Cabinet of Ministers the list of the researches on types of judicial examination conducted according to appeals of physical persons and legal entities on contractual basis;

The ministry of development of information technologies and communications - to claim the plan of measures for implementation of the Single electronic information system "E-ekspertiza".

8. Determine that:

training in the sphere of judicial examination can be performed on rates on training of experts (further - training courses) by the corresponding types of examination, lasting at least six months, during training in bachelor degree or magistracy in the highest educational institutions by the principle of dual education on contractual basis;

training courses will be organized on the basis of the agreement signed between the highest educational institution and the public judicial and expert institution;

documentation affirms as the highest educational institutions in which training courses, consisting of educational standards, curricula, training programs (modules), and also programs of educational and work practice are open the highest educational institution and the public judicial and expert institution;

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