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

of March 25, 2024 No. 8

About some questions of hearing of cases of administrative offenses in appeal, cassation procedure

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

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.

3. According to the law appeal, the writ of appeal (protest) is addressed to courts of appeal, cassation instance, but shown or sent in the court which issued the decree on the case of administrative offense.

Acts as court of appeal, cassation instance:

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 claim (protest) to the resolution of the regional and equated to it court which is taken out when considering the case on the first instance is considered in appeal or cassation procedure by the relevant judicial board of the Supreme Court of the Republic of Uzbekistan.

6. According to the petition of person who made the complaint (protest) missed on reasonable excuse submission due date of the petition for appeal (protest) it can be recovered by the court which issued the decree on administrative offense.

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, identification in act of essential elements of offense).

The disease of person, 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.

In cases of the omission of submission due date of the writ of appeal (protest) court of cassation instance based on the petition of person making the writ of appeal (protest), the passed term having the right to recover if considers the reasons of its omission valid. In case of recovery of term of appeal the court of cassation instance considers the writ of appeal (protest) on case in accordance with general practice.

The petition for recovery of submission due date appeal, the writ of appeal (protest) is considered by the judge solely in judicial session with participation of the parties and determination is about it taken out. At the same time the reasons of the omission of term recognized by court valid shall be specified in determination.

7. On determination about variation of the petition for recovery of term appeal, the writ of appeal (protest) the private complaint (private protest) can be made.

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.

In case of satisfaction with auditing instance of the private claim to the resolution of cassation instance on refusal in recovery of submission due date of the writ of appeal (protest) case goes to cassation instance for consideration in general procedure.

8. In case of recovery of submission due date 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.

About the direction of the claim (protest) with case in court of appeal, cassation instance it is reported:

to person concerning whom the decree on the case of administrative offense, and to his 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 introduced the appeal, prosecutor's appeal.

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.

To the parties the notification on access to the copy of the writ of appeal (protest) or its electronic copy through Internet resource of the court which passed the decision with explanation of the right to representation of the objections in writing or in the form of the electronic document with indication of the term of representation of objections goes.

10. In case of receipt of the petition for appeal (protest) made after the term of appeal of the court order established by the law on the case of administrative offense, the Appeal Court returns the claim (protest) together with case in Trial Court.

Person concerning whom the court order on the case of administrative offense is issued and also the victim has the right to withdraw the claim of the lawyer. At the same time the lawyer, the legal representative has no right to withdraw appeal, the writ of appeal without consent according to person concerning whom the court order on the case of administrative offense, or the victim is issued.

In case of withdrawal of the claim (protest) the court of appeal, cassation instance issues the decree on the termination of appeal, cassation proceeedings if in the matter of other claim (protest) is not available.

The petition for appeal (protest) on the court order about administrative detention or administrative expulsion is subject to consideration within a day from the moment of submission of the claim (protest) if the disciplinary measures appointed by court in the form of administrative detention are not left or person is not expelled yet.

Aggregate term of consideration of the writ of appeal (protest) made about the court order on the case of administrative offense constitutes fifteen days.

13. As the obligation according to the notice of persons participating in case on time and the place of consideration appeal, the writ of appeal (protest) is assigned by the law to court of appeal, cassation instance, case papers shall contain data on their proper notice.

Absence of persons properly informed on time and the place of court session of appeal, cassation instance does not interfere with consideration of the case about administrative offense.

14. By court of appeal, cassation instance it shall be provided to persons participating in case, access to the objections and other case papers which arrived on appeal, the writ of appeal (protest).

15. Appeal, the writ of appeal (protest) on the court order of the first instance on the case of administrative offense is considered by the judge of court of appeal, cassation instance solely.

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