of August 31, 2006 No. PP-458
About measures for further enhancement of activities of Department for execution of judgments, material and financial provision of activity of the courts under the Ministry of Justice of the Republic of Uzbekistan
Judicial are sewn up with the most important tasks of reforming of judicial system of law of the country on strengthening of independence of judicial authority and increase in efficiency creation of effective system of execution of judgments, comprehensive material equipment and financing of the courts are.
In realization of these tasks the special place is allocated to Department on execution of judgments, material and financial provision of activity of the courts under the Ministry of Justice of the Republic of Uzbekistan (further - Judicial department).
The judicial department carries out certain work on increase in the overall performance connected with forced execution of judgments. For the last four years the number of satisfied judgments increased by 3 times. Following the results of 2005 the amount which is actually collected by legal executives constituted 716,8 of one billion sum that in 17 times more the amount collected in 2002.
Considerably material logistics of courts improved. The amount of the funds allocated for the specified purposes for the last four years increased in time 2,7. Only in 2005 the construction and capital repairs of 60 buildings of the courts is performed, 14 new buildings are acquired what more 1,3 of one billion bags is spent for.
At the same time, as showed specially performed, due to the lack of the due organization of work in activities of Judicial department there are massive faults and omissions which are negatively influencing system effectiveness of forced execution of judgments. Responsible officials systematically break the obligations assigned to them on money recovery from debtors. As a result annually the remaining balance of unexecuted judgments which following the results of 2005 constituted more than 26% of total quantity of the documents which arrived in production of legal executives increases. The amount of the means which are not collected according to these judgments constituted 444,5 of one billion sum.
The due attention is not paid to matching and placement of personnel, increase in their qualification. Work on strengthening of legality and discipline among the staff of Judicial department is weakened. During check the facts of appointment to responsible positions of the persons which do not have sufficient experience, education or compromised themselves still to place of employment in law enforcement agencies are elicited.
As a result of weakening of organizational and personnel work for the last three years the quantity of crimes of official in system of Judicial department increased almost by 14 times.
Continue to take place of abuse in realization of property of debtors, red tape and tightening of terms of enforcement proceeding, deliberate understating of cost of real estate objects and motor transport, and also the corruption facts from heads and the staff of Judicial department. Cases of concealment arrived on execution of documents are allowed.
Not up to standard there is metodiko-analytical work in system of Judicial department. Level of safety of judges, legal procedures and their participants does not meet the modern requirements. Efficient organization-legal mechanisms in this sphere are not worked out.
The similar situation is result, first of all, of the unsatisfactory organization of work of Judicial department, nonprofessionalism of the managerial personnel, violation from their party of legality that in turn discredits judicial system and exerts negative impact on the reforms of the judicial and legal sphere performed in the country.
Significantly influenced sharp increase in load of legal executives in connection with assignment on Judicial department the developed adverse situation of number of additional functions on execution of judgments, in particular recovery by enforcement of shortages in the budget at the expense of property of debtors, destruction or realization of the property turned into the income of the state, collection of financial sanctions from the subjects of entrepreneurship imposed judicially in recent years. Average load of the legal executive in comparison with 2001 increased more than three times, in certain regions - by 6-7 times. At the same time the measures for strengthening of material and technical resources of divisions of Judicial department, enhancement of forms and methods of the organization of work of legal executives based on use of information and communication and other modern technologies were not realized.
For the purpose of further enhancement of system of ensuring unconditional execution of judgments, increase in overall performance of Judicial department on realization of the tasks assigned to it:
1. Recognize work of the Ministry of Justice of the Republic of Uzbekistan on management of activities of Judicial department, enhancement of system of forced execution of judgments unsatisfactory.
Take into consideration that for severe violations of legality, shortcomings and the allowed abuses of work are exempted from posts the director, heads of separate divisions and the staff of Judicial department. Materials of checks are reported to law enforcement agencies for consideration according to the law.
2. To management of the Ministry of Justice of the Republic of Uzbekistan (B. Mustafayev):
till November 1, 2006 to carry out the employee assessment of Judicial department directed to strengthening of its personnel structure by fair, fair, qualified specialists, implementation of measures for release of divisions of Judicial department from the employees who are not corresponding to posts on the level of the professional training and moral qualities;
enter into practice the procedure for competitive selection of personnel for position assignment of the legal executive providing objectivity and transparency in case of selection of specialists.
Ceased to be valid according to the Resolution of the President of the Republic of Uzbekistan of 30.05.2017 No. PP-3016
3. Form in structure of Judicial department Inspection of own safety numbering managerial personnel 22 units, including 5 units in central office.
Determine that Inspection of own safety and its division on places when implementing of the tasks assigned to them submit directly to the director of Judicial department.
4. Ceased to be valid according to the Resolution of the President of the Republic of Uzbekistan of 30.05.2017 No. PP-3016
5. To the Ministry of Finance of the Republic of Uzbekistan (R. Azimov):
make corresponding changes to the staff list and expense budget of Department following from this resolution;
in two-month time together with the Ministry of Justice to make in the Cabinet of Ministers the offers directed to strengthening of material and technical resources of departments of legal executives, stimulation of their work depending on resulting effects, the size of the amounts collected by them.
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