RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

2. It is necessary to understand republican executive bodies (the ministries, committees, the agencies, inspections) according to the Presidential decree of the Republic of Uzbekistan of December 21, 2022 as administrative authorities No. UP-269 and their territorial authorities, public authorities on places, self-government institutions of citizens, and also other bodies, the organizations and specially educated commissions allocated with administrative and managerial competence.

3. It is necessary to understand the persons performing functions of the public agent or performing administrative and managerial as officials of administrative authorities (organizationally - administrative) functions in the specified bodies and the legally significant actions authorized on making.

4. The interested person is understood as the citizen or the legal entity to whom the decision, action (failure to act) of administrative authority or its official, or the other person whose rights and legitimate interests are infringed by such decision, action (failure to act) is addressed.

5. The act of administrative authority or its official accepted solely or jointly and generating certain consequence in law belongs to the decision.

At the same time it is necessary to consider that decisions can be made in written (for example, decisions of executive bodies on places), or any form (for example, the written message on refusal in satisfaction of the address of the citizen).

6. Actions of administrative authorities and their officials are understood as legally significant orders which though are not given decision shape, but entailed violation of the rights and freedoms of interested persons or created obstacles to implementation of the rights and freedoms by them.

Failure to act is understood as non-execution by administrative authority or its official of the obligation assigned to it by normative and legal and other acts (job descriptions, provisions, regulations, orders).

7. Explain to courts that according to the procedure, KOAS established by Chapter 23, are not subject to consideration of the claim to decisions of state bodies which verification is referred by the legislation to exclusive competence of the Constitutional court of the Republic of Uzbekistan, and also on decisions, actions (failure to act) concerning which the legislation provides other procedure for judicial appeal.

In particular, the decisions, action (failure to act) of officials of administrative authorities connected with criminal proceeding or to case on administrative offense are subject to appeal according to the procedure, established respectively by the Code of penal procedure of the Republic of Uzbekistan and the Code of the Republic of Uzbekistan about the administrative responsibility.

At the same time courts should pay attention that according to the procedure, KOAS provided by Chapter 23, decisions and actions of officials of pre-trial detention centers and organizations for execution of the punishment about application of measures of authority punishment concerning the detainees taken into custody, condemned to imprisonment, except for the questions which are subject to permission according to the procedure, stipulated in Article 542 Codes of penal procedure of the Republic of Uzbekistan can be disputed.