of February 21, 2020 No. 4
About ensuring openness of legal proceedings and right to be informed about activity of the courts
For the purpose of ensuring openness of legal proceedings, realization of right to be informed about activity of the courts, and also uniform application of acts of the legislation by courts on the matter, being guided by article 17 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Draw the attention of courts that openness of legal proceedings, timely and objective informing the public on activity of the courts promotes increase in level of legal awareness of society, is important guarantee of implementation of justice, effective remedy of ensuring public control over judicial activities and increases in trust of society to court.
Due to stated, courts should create necessary conditions for ensuring openness of legal proceedings and realization of right to be informed about activity of the courts.
3. Restriction of right to be informed about activity of the courts on signs of sexual, racial, national, language identity, religious, social origin, beliefs, personal and social standing of citizens is not allowed.
4. Openness of legal proceedings, information access about activity of the courts shall promote realization of tasks of civil, criminal, economic, administrative trial, excepting any intervention in judicial activities as according to article 136 of the Constitution of the Republic of Uzbekistan judges are independent and submit only to the law.
5. Explain that mass media have no right to determine results of legal proceedings on specific case or to influence otherwise (to put pressure) court.
The judge has no right to give interview or to act in mass media on case on which the judgment did not take legal effect.
6. Openness of legal proceedings is provided by means of provision of opportunity to be present at judicial session to persons who are not participants of process including representatives of mass media.
Carrying out proceedings in open court in the rooms excluding possibility of presence in them of persons who are not participants of process is not allowed.
Presence at proceeding in open court of the minors who are not participants of process is allowed only taking into account requirements of the relevant procedural law.
Considering that presence of representatives of mass media at proceeding in open court for the purpose of receipt of data on case is legal method of receipt of information, creation of obstacles by it in access to courtroom on the bases which are not provided by the law is not allowed.
7. Conducting trial of case in the closed judicial session completely or in part is possible only on the bases provided by the law (Article part two 12 GPK, parts one, the third, fourth, fifth article 19 Code of Criminal Procedure, part two of article 11 EPK, part two of article 13 KOAS).
About conducting trial of case in the closed judicial session the court takes out motivated determination in which the specific circumstances interfering open entry to courtroom of persons who are not participants of process, representatives of mass media shall be specified.
Information on trial of case in the closed judicial session shall be public.
About conducting trial of case in the closed judicial session it is specified also in the protocol of judicial session and in the prolog accepted in the matter of court resolution.
8. Before announcement of determination of court about conducting trial of case in the closed judicial session removal from courtroom of persons who are not participants of process, representatives of mass media is not allowed. When the decision on conducting trial of case in the closed judicial session is made in case of purpose of criminal case to legal proceedings, persons who are not participants of process, representatives of mass media in courtroom are not allowed.
After announcement of determination of court about conducting trial of case in the closed judicial session of person, not being participants of process, representatives of mass media leave from courtroom about what it is specified in the protocol of judicial session.
If the court makes the decision on carrying out part of trial of criminal case in the closed judicial session, persons who are not participants of process representatives of mass media are not allowed only on this part of legal proceedings.
Carrying out the closed judicial session in the mode of video conferencing is not allowed, and audio-and the video of such meeting is not made. Except as specified carrying out video of refusal of the defendant of the defender.
When carrying out the closed judicial session case forming electronically, and also the publication of judgments in mass media is not allowed.
9. The court considers civil case, and also the case following from administrative legal relationship in the closed judicial session if it contains the data constituting the state secrets and other secret protected by the law or if the law provides obligatory consideration of civil case in the closed judicial session.
According to the petition of the participant of process or initiative of court the court has the right to consider civil case, and also the case following from administrative legal relationship in the closed judicial session for the purpose of providing the right to personal privacy or preserving the data which are the secret protected by the law (parts two and third Articles 12 GPK, part two of article 13 KOAS).
At the same time it must be kept in mind that the petition for conducting trial of case in the closed judicial session can proceed not only from the face, declaring the petition in own interests, and (or) from his representative, but also from persons to whom owing to Articles 50, 52 GPK are granted the right to be effective in protection of the rights and legitimate interests of other persons (for example, from the prosecutor, guardianship and custody body, etc.).
10. Conducting trial of criminal case in the closed judicial session is allowed in the presence of the bases provided by parts one and third article 19 Code of Criminal Procedure.
11. Trial of case in the closed judicial session for the purpose of preserving the state secrets and other secret protected by the law is allowed only in the presence in data which according to the Law of the Republic of Uzbekistan "About protection of the state secrets" and other legal acts are carried to the state secrets and other secret protected by the law.
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