of January 29, 2022 No. PP-107
About measures for further ensuring effective protection of the rights of citizens and subjects of entrepreneurship in relations with state bodies, and also to increase in trust of the population to courts
In the country the powerful work directed to democratization of judicial system, ensuring transparency of activity of the courts, expansion of dialogue with the population and strengthening of role of the public when implementing justice is carried out.
On the official website of the Supreme Court all judgments are regularly published, courts explain to participants of legal procedure essence and value of judgments, chairmen of the courts hold quarterly briefings with mass media.
At the same time increase in role of courts, especially administrative courts on protection of the violated rights of citizens and subjects of entrepreneurship, their transformation into the authentic defender of citizens and entrepreneurs is necessary.
For the purpose of further increase in trust to administrative courts in society implementation of efficient mechanisms of control of execution of judgments by state bodies is required.
For the purpose of ensuring effective protection of the rights and legitimate interests of citizens and subjects of entrepreneurship in relations with state bodies, and also enhancement of administrative legal proceedings according to international standards:
1. Take into consideration that along with ensuring rule of law in relations of citizens and subjects of entrepreneurship with state bodies priority of administrative courts is effective protection of their rights and legitimate interests.
2. To provide to the Supreme Court together with the Supreme judicial council and the interested ministries and departments establishment in procedural legal acts of the following procedures directed to strengthening of role of administrative courts by consideration of claims to decisions of state bodies, their transformation into authentic defenders of citizens and subjects of entrepreneurship:
implementation of administrative legal proceedings on the basis of the principle "active role of court" with assignment on administrative courts of obligation on collection of proofs on own initiative for clarification of the actual facts of the case, creation for citizens or subjects of entrepreneurship whose rights are violated, conditions for participation assembled of proofs within the opportunities;
provision to citizens or subjects of entrepreneurship whose rights are violated, along with the dispute following from the public relations, the right to presentation to administrative court also of the requirement about damages recovery in the presence of cause and effect relationship, and also transfer of power on consideration of such requirements to administrative courts;
application concerning officials of state bodies or the organizations of judicial penalties in case of non-execution of decisions of administrative courts by them on the cases following from the public relations;
implementation of mechanisms of achievement of conciliation of the parties on the cases following from the public relations.
3. For the purpose of strengthening of role of administrative courts in society, their transformations into authentic defenders of citizens and subjects of entrepreneurship, within the procedures established in procedural legal acts according to Item 2 of this resolution to provide:
provision to the parties of the right of the conclusion of the voluntary settlement on the cases following from the public relations in the cases established by legal acts;
execution by state bodies or organizations of the decision for the case following from the public relations within one month from the date of its introduction in legal force and the notice on it of administrative court;
application of judicial penalty concerning officials of state bodies or the organizations for non-execution of court resolution by them on the case following from the public relations;
application in the increased size of originally applied judicial penalty concerning officials of state bodies or the organizations for repeated non-execution of the decision by them on the case following from the public relations.
4. Approve the offers of the Supreme Court and the Supreme judicial council providing:
or the terminations of proceeedings by courts because of not jurisdiction to court of the action for declaration, statement, and also claim with transfer of the action for declaration, statement, claim or put prohibition of refusal in acceptance in court, authorized to consider them;
determination of the circumstances established by the decision of administrative court which took legal effect, obligatory for the court on civil cases considering another matter;
prohibition of combination of several requirements within one case from which one are subordinated to administrative court, and others - to court on civil cases.
5. To the Supreme Court, the Supreme judicial council:
together with the interested ministries and departments to provide approval and consecutive execution of the "Road map" providing measures for detailed acquaintance of citizens and subjects of entrepreneurship and also employees of state governing bodies, executive bodies on places with activities of administrative courts and their role in law enforcement in society in a month;
together with Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent to provide in rooms, specially allotted for reception of citizens, in buildings of executive bodies on places placement of banners in survey scales and demonstration on permanent basis of social rollers with explanation of role of administrative courts in law enforcement in activities of executive bodies and cases considered by them in a month;
together with the Agency of information and mass communications, National broadcasting company of Uzbekistan, National news agency of Uzbekistan to provide demonstration on permanent basis in mass media and social networks of subject programs and social videos about administrative justice, its value as effective legal mechanism in protection of the rights of citizens and subjects of entrepreneurship.
6. To provide to the Supreme Court together with the interested ministries and departments:
in two-month time - or put project development of the law "About Modification and Amendments in Some Legal Acts of the Republic of Uzbekistan" providing transfer for consideration of the action for declaration, the statement, the claim in authorized court;
in three-months time - project development of the law "About Modification and Amendments in the Code of the Republic of Uzbekistan about Administrative Legal Proceedings" taking into account positive international experiment on permission of public disputes;
in a month - entering of offers on the changes and amendments into acts of the legislation following from this resolution.
7. To the Supreme Court together with the Ministry of Justice in two-month time to make in Administration of the President of the Republic of Uzbekistan offers on transfer of all cases following from the public relations considered now by courts on civil cases and economic courts to jurisdiction of administrative courts, including cases on appeal of executive documents on which collection is made in procedure without acceptance.
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