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

of June 23, 2023 No. 16

About some questions of direct application of regulations of the Constitution of the Republic of Uzbekistan when implementing justice

Article 55 of the Constitution of the Republic of Uzbekistan to everyone guarantees judicial protection of its rights and freedoms, the appeal right in court of illegal decisions, actions and failure to act of state bodies and other organizations, their officials, recovery of the violated rights and freedoms by consideration of its case by competent, independent and just trial in the terms established by the law.

For the purpose of full providing guarantees of human rights by direct and uniform application of regulations of the Constitution of the Republic of Uzbekistan by courts the Plenum of the Supreme Court of the Republic of Uzbekistan based on the constitutional Law No. ZRU-837, adopted following the results of the referendum held on April 30, 2023 and also article 22 of the Law of the Republic of Uzbekistan "About courts" decides:

1. According to part two of article 15 of the Constitution of the Republic of Uzbekistan (further the Constitution) the Constitution has the highest legal force, direct action and forms basis of single legal space in all territory of the country.

The highest legal force of the Constitution means supremacy of its regulations over other laws and regulatory legal acts.

With respect thereto, courts should estimate contents of the law or other regulatory legal act regulating the legal relationship considered by court and to apply the Constitution regulation as the act of the direct action having directly using the force highest legal.

Courts should pay attention to inadmissibility of refusal in application of regulations of the Constitution because the relevant laws and other regulatory legal acts are not adopted.

In cases when Constitution regulations which shall be applied in specific case contain the reference to other regulatory legal act, the courts considering case should be guided by regulations of the Constitution and the law governing the corresponding legal relations.

2. According to parts three and the fourth article 15 of the Constitution the international agreements of the Republic of Uzbekistan along with the conventional principles and rules of international law (The Universal Declaration of Human Rights, the Covenant on Civil and Political rights, the Pact on the economic, social and cultural rights and others) are component of system of law of the Republic of Uzbekistan.

At the same time, if the international treaty of the Republic of Uzbekistan establishes other rules, than those which are provided by the law of the Republic of Uzbekistan then are applied rules of the international treaty of the Republic of Uzbekistan.

Courts need to pay attention to whether the international treaty in the Republic of Uzbekistan is ratified or underwent other internal state procedures provided in legal acts necessary for entry into force and on availability of clauses.

At the same time, in cases of application of regulations of international treaties by hearing of cases, in motivation part of court resolution it is necessary to refer to regulations of this international treaty.

3. Draw the attention of courts that by the Constitution it is determined that nobody can be condemned, subjected to punishment, it is deprived of property or any right based on the law which is officially not published, and the fact that publication of regulatory legal acts is the compulsory provision of their application (Article part one 30, part eleven of article 99 of the Constitution).

The procedure for publication of regulatory legal acts is determined by the Laws of April 20, 2021 "About regulatory legal acts" No. ZRU-682, of December 10, 2019 "About the Cabinet of Ministers of the Republic of Uzbekistan" No. ZRU-591, of September 7, 2017 "About distribution of legal information and ensuring access to it" No. ZRU-443, and also the Resolution of the Cabinet of Ministers of December 22, 2017 No. 1013 "About measures for implementation of the Law of the Republic of Uzbekistan on distribution of legal information and ensuring access to it".

4. According to articles 3 and 4 of the Constitutional law "About the Constitution of the Republic of Uzbekistan" No. ZRU-837, accepted on April 30, 2023 following the results of referendum (further the Constitutional law), the laws and other regulatory legal acts existing in the territory of the Republic of Uzbekistan before entry into force of the Constitutional law are applied in the part which is not contradicting the Constitution in edition of the Constitutional law;

Constitution regulations in edition of the Constitutional law are effective directly from the moment of its entry into force and irrespective of acceptance or availability of the relevant laws and other regulatory legal acts.

Courts should consider that legal basis of court resolutions are first of all usually relevant standards of the Constitution, and then other regulatory legal acts depending on their legal force; if it is determined that the laws and other regulatory legal acts contradict Constitution regulations, it is necessary to be guided only by the relevant standards of the Constitution.

At the same time, the discrepancy of the Constitution of the regulatory legal acts applied in the court resolutions of Trial Courts adopted till May 1, 2023, established in case of their review by higher degrees of jurisdiction according to the procedure established to Civil Procedure, Economic Procedure Codes and the Code about administrative legal proceedings cannot be the basis for cancellation or change of court resolution.

5. By article 20 of the Constitution it is determined that human rights and freedoms are effective directly; human rights and freedoms determine essence and content of activities of state bodies, self-government institutions of citizens and their officials.

To courts for the purpose of ensuring effective protection of the rights of citizens in the relations with state bodies, self-government institutions and their officials, it is necessary to check observance by these bodies and their officials of the principle of harmony established by the Constitution in case of application of measures of legal impact per capita.

At the same time all contradictions and ambiguities in the legislation arising in relations of the person with state bodies are interpreted for benefit of the person.

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