of July 19, 1996 No. 18
About practice of consideration in courts of claims to the actions and decisions violating the rights and freedoms of citizens
The Law "About Appeal in Court of the Actions and Decisions Violating the Rights and Freedoms of Citizens" accepted by Oliy Majlis of the Republic of Uzbekistan on August 30, 1995 considerably expanded possibility of citizens on judicial protection of their rights and freedoms against wrongful acts (decisions) of state bodies, self-government institutions of citizens, the companies, organizations, the organizations, public associations or officials.
For the purpose of elimination of the mistakes arising in court practice by hearing of cases according to claims to the wrongful acts violating the rights and freedoms of citizens, the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Draw the attention of courts that according to Art. 44 of the Constitution of the Republic of Uzbekistan, the Art. of the Art. 1, 3 Laws of the Republic of Uzbekistan "About appeal in court of the actions and decisions violating the rights and freedoms of citizens" citizens can be appealed in court any actions (decisions) of state bodies, companies, organizations, organizations, public associations, self-government institutions of citizens or officials, except actions (decisions) which check is referred by the legislation to exclusive competence of the Constitutional court of the Republic of Uzbekistan or concerning which other procedure for judicial appeal is provided.
2. It is necessary to understand such procedure which is specially established by the relevant legislation as other procedure for judicial appeal of actions (bezdeystviye) and decisions of bodies, and also officials.
Concerning court, the judge, the prosecutor, the investigator, the investigator, bodies, authorized to consider cases on administrative offenses the criminal procedure and civil and procedural legislation, the legislation on administrative offenses establishes other procedure for judicial appeal.
3. According to Art. 4 of the Law of the Republic of Uzbekistan "About appeal in court of the actions and decisions violating the rights and freedoms of citizens" the military personnel has the right to appeal in military court of action and the decision of bodies of military management and military officials who violated their rights and freedoms.
Proceeding from sense of the called regulation, in military court actions and solutions of faces, though not being the military personnel can be appealed, but competent on the position held in bodies of military management to make the decisions concerning the rights and freedoms of the military personnel.
4. To state bodies, actions and which decisions can be appealed according to the procedure provided by the Law of the Republic of Uzbekistan "About appeal in court of the actions and decisions violating the rights and freedoms of citizens" belong the state governing bodies formed according to the Constitution of the Republic of Uzbekistan and other legal acts for implementation of the activities.
To self-government institutions, actions and which decisions can be appealed in court belong any bodies created according to the Constitution of the Republic of Uzbekistan, the Law "About Self-government Institutions of Citizens" and other legal acts in the corresponding territories for providing the independent solution of the questions entering their competence.
5. Based on the Law called above can be appealed in court of action of all persons who constantly or temporarily borrow in state bodies, self-government institutions, at the companies, in organizations, the organizations, irrespective of pattern of ownership, in cooperative, public organizations, associations, the positions connected with accomplishment organizational and administrative or administrative type duties, or fulfilling such duties on special power.
6. According to Art. 2 of the Law of the Republic of Uzbekistan "About appeal in court of the actions and decisions violating the rights and freedoms of citizens" in court can be appealed both individual, and joint actions (decisions) of state bodies, self-government institutions of citizens, organizations, companies and their associations, public organizations, associations and officials as a result of which:
- the rights and freedoms of the citizen are violated;
- obstacles to implementation by the citizen of its rights and freedoms are created;
- any obligation is illegally assigned to the citizen or he is illegally brought to any responsibility.
Considering it is, according to the procedure, provided by the Law stated above, any acts of both individual, and all-normative nature can be appealed in court.
In court, in particular, can be appealed: refusal of relevant organs in correction of record about nationality in the passport, refusal in issue of visa on trip abroad, the decision of state bodies and self-government institutions of citizens on establishment of export restrictions of goods and products out of administrative and territorial unit limits, about establishment of additional duties and charges, the decision on imposing of penalties and other measures of administrative punishments of person, not authorized to impose such penalties, etc.
Including can be appealed in court of the decision of general meetings of public organizations and associations, housing cooperatives, joint-stock companies, the trade-union organizations, etc., and also their governing bodies and officials.
7. The citizen considering the violated its rights and freedoms provided by the Constitution of the Republic of Uzbekistan and other legal acts if other procedure for appeal is not provided, has at discretion the right to appeal with the claim or is direct to court or in body, higher according to the procedure of subordination. The preliminary not appeal of the citizen to higher body or to the official concerning recovery of its violated rights and freedoms are not the basis to refusal in adoption of its claim from court.
The complaint can be made as the citizen believing that its rights and freedoms are broken, his representative, and at its request properly by the established representative of public organization, labor collective. According to the Art. 46 GPK in case of need of protection of the rights and the interests of citizens protected by the law have the right to file the corresponding petition also the prosecutor.
Powers of the representative on submission of the claim on behalf of the citizen shall be drawn up according to the Art. 54 GPK. Powers of the representative of public organization, labor collective, besides, shall be certified by statements from the resolution of general meeting or elected body of public organization or collective.
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