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

of May 14, 2022 No. 8

About court practice on hearing of cases about administrative offenses in appeal procedure

Due to the changes made to the Code of the Republic of Uzbekistan about the administrative responsibility, the questions arising in court practice and for the purpose of ensuring uniform and correct use of the provisions of the law based on article 22 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Draw the attention of courts, that consideration of the case about administrative offense in appeal procedure is the important legal institution guaranteeing to participants of legal procedure the right to appeal the court order of the first instance.

2. According to article 324-1 of the Code of the Republic of Uzbekistan about the administrative responsibility (further - KOAO), the right to appeal (protest) the court order of the first instance on the case of administrative offense belongs:

to person concerning whom the court order on the case of administrative offense, to his legal representative, the lawyer is issued;

to the victim, his legal representative, lawyer;

to the body which constituted the protocol on administrative offense;

to the prosecutor.

With respect thereto, the copy of the court order of the first instance on the case of administrative offense within three days is handed or sent to person concerning whom it is taken out. To the prosecutor the copy of the resolution is handed or sent to the victim, the legal representative, the lawyer, the body which constituted the protocol on administrative offense at their request (article 311 KOAO).

3. According to the law the petition for appeal (protest) is addressed to Appeal Court, but handed or sent in the court which issued the decree on the case of administrative offense.

Acts as Appeal Court:

on the cases considered by criminal court judges - judicial board on criminal cases according to Court of the Republic of Karakalpakstan, regional court, the Tashkent city court;

on the cases considered by economic courts - judicial board on economic cases according to Court of the Republic of Karakalpakstan, regional court, the Tashkent city court;

on the cases considered by courts on civil cases - judicial board on civil cases according to Court of the Republic of Karakalpakstan, regional court, the Tashkent city court;

on the cases considered by territorial public courts - Military court of the Republic of Uzbekistan.

It must be kept in mind that the petition for appeal (protest) on the resolution of the regional and equated to it court which is taken out in case of consideration by them of case on the first instance or in appeal procedure is considered by the relevant judicial board of the Supreme Court of the Republic of Uzbekistan.

4. According to article 324-3 KOAO the petition for appeal (protest) on the court order issued on the case of administrative offense can be submitted within twenty days from the date of announcement of the resolution, and person concerning whom the decree, and the victim - in the same time from the date of delivery (the direction in the form of the electronic document) or receipts of the resolution is issued.

The petition for appeal (protest) on the court order about involvement of person to the administrative responsibility issued by consideration of civil, economic case by court moves according to the procedure and the terms established according to Civil, Economic by Procedure Codes of the Republic of Uzbekistan (article 315 KOAO).

5. Under the law the court order on the case of administrative the offense takes legal effect from the moment of its removal. However, considering that according to article 318 KOAO giving of the claim (protest) stops at the scheduled time execution of the resolution on application of administrative punishment (except for administrative detention) to court it is not necessary to turn before the expiration of this term it to execution. Removal of determination about suspension of execution of the resolution in that case is not required.

6. According to the petition of the interested person the submission due date of the petition for appeal (protest) missed on reasonable excuse can be recovered by the court which issued the decree on administrative offense. At the same time in determination the reasons of the omission of term recognized by court valid shall be specified.

It must be kept in mind that the circumstances which are objectively interfering making of legal proceedings can be recognized as reasonable excuses (for example, emergency situations, floods, epidemics, pandemic, quarantine).

The disease, helpless condition of physical person, its family circumstances (death or serious illness of family members), and also other circumstances can be recognized as reasonable excuses if they excluded or significantly complicated submission of the petition for appeal in the terms established by the law.

7. The private complaint (private protest) which is considered in appeal procedure can be made about determination about variation of the petition for recovery of term on appeal appeals (protest) of the court order. In case of satisfaction of the private claim (private protest) the Appeal Court considers the petition for appeal (protest) on case in accordance with general practice.

Person not concordant with determination of court about recovery of term on submission of the petition for appeal (protest) having the right to state the arguments when considering the case in appeal procedure.

8. In case of recovery of term on submission of the petition for appeal (protest) the court in determination at the same time resolves issue of suspension of execution of the unexecuted court order on the case of administrative offense before consideration of the case in appeal procedure.

9. According to parts two and third article 324-1 KOAO the petition for appeal (protest) on the court order on the case of administrative offense together with case is subject to the direction in Appeal Court within three days from the date of receipt of the claim (protest), and in case of application of administrative punishment by court in the form of administrative detention or administrative expulsion - in day of receipt of the claim (protest).

About the direction of the claim (protest) with case in Appeal Court it is reported:

to person concerning whom the decree on the case of administrative offense and to its legal representative is issued;

to the victim, his legal representative;

to the lawyer;

to the body which constituted the protocol on administrative offense;

to the prosecutor who brought appeal protest.

To persons participating in case the copy of the claim (protest) with explanation of the right to representation of objection at the same time goes to Appeal Court.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info