of November 20, 2023 No. 29
About court practice on hearing of cases about crimes against procedure for execution of military service
According to article 152 of the Constitution of the Republic of Uzbekistan Armed Forces of the Republic of Uzbekistan are created for protection of the state sovereignty and territorial integrity of the Republic of Uzbekistan, peaceful life and safety of its population.
Basis of activities of Armed Forces and other military forming, and also performance guarantee of the tasks by them is accurate and unconditional observance of procedure for execution of military service.
Public vessels should mean that public danger of military crimes is that they, relaxing the military discipline and combat readiness of troops, cause damage to defense capability of the country.
The most widespread crimes among the military personnel are violation of authorized rules of relations between the military personnel, authority misuse or its exceeding, other military crimes. Besides, the military personnel makes other types of the crimes provided by the special part of UK.
Due to the undertaken reforms in judicial system of law and for the purpose of ensuring the correct application of the legislation on crimes against procedure for execution of military service, being guided by Art. 22 of the Law of the Republic of Uzbekistan "About courts" the Plenum of the Supreme Court decides:
1. Against procedure for execution of military service it is necessary to understand as crimes made by military personnel, and also persons liable for call-up during passing of military charges by them, crimes against procedure for execution of military service.
The procedure for execution of military service represents the relations arising in the course of life and fighting activities of troops, enshrined in the laws and army regulations. The principles of military organization are enshrined in these acts of the legislation: military service as the constitutional obligation of the citizen, one-man management and the obedience based on it the subordinated to chiefs, accurate determination of the rights and freedoms of subjects of the military relations.
2. Military personnel of the Ministry of Defence, Service of state security, Public service of safety of the President of the Republic of Uzbekistan, National guard, the Ministry of Emergency Situations, troops of the Ministry of Internal Affairs of the Republic of Uzbekistan and military personnel of other military forming created according to the legislation and also persons liable for call-up of person during passing of military charges by them can be subjects of crimes against procedure for execution of military service.
3. Cognizance of criminal cases to public vessels is determined by article 45 of the Law "About Courts" and article 4 of the Regulations on the organization of activities of public vessels, approved by this law.
According to the Provision to public vessels all criminal cases in areas where owing to exceptional circumstances general courts, and also cases on the crimes committed by persons during passing of military service, but dismissed from it by the time of consideration of the case in court are not effective are jurisdictional.
According to the Law, military courts can consider also another matters (for example, cases on making of crimes by employees and employees of the Armed Forces and other military forming connected with office activities, etc.).
Besides, to public vessels all criminal cases having security classification, concerning state (state, military, office) secrets are jurisdictional (the Art. 162, 163 UK, etc.).
With respect thereto all courts should observe strictly requirements of the law on cognizance of cases.
4. By hearing of cases about crimes against procedure for execution of military service courts should pay attention to several basic concepts.
One-man management - according to Item 30 of "The charter of Internal service of Armed Forces of the Republic of Uzbekistan", is one of the principles of construction of Armed Forces, management of them and relations between the military personnel. It consists in investment of the commander (chief) with all completeness of the administrative power in relation to subordinates and assignment on it the personal responsibility before the state for all aspects of life and activities of military unit, division and each serviceman.
One-man management is expressed in the right of the commander (chief), proceeding from comprehensive assessment of situation, to solely make decisions, to give orders in strict accordance with requirements of the laws and army regulations and to require their accomplishment.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.