RESOLUTION OF THE JOINT PLENUM SUPREME AND THE HIGHEST ECONOMIC COURTS OF THE REPUBLIC OF UZBEKISTAN

of December 20, 1996 No. 1/60

About judicial authority

Article 11 of the Constitution of the Republic of Uzbekistan established the principle of separation of the government on legislative, executive and judicial.

The fundamental law of the state proclaimed that judicial authority is effective irrespective of legislative and executive power, political parties, other public associations.

Only independent judicial authority serves as the guarantor of the fact that any citizen can protect the violated rights in competent and objective court in case of public consideration of the case.

The requirement about independent court is the right of each person. This right is affirmed in Article 10 of the Universal Declaration of Human Rights and in other acts of international law which the Republic of Uzbekistan joined.

Acquaintance with work of the courts showed that the legislation on judicial authority, is generally observed, however in their activities there were some questions requiring the leading explanations.

The plenum of the Supreme Court of the Republic of Uzbekistan and Plenum of the Supreme Economic Court of the Republic of Uzbekistan decide:

1. Judicial authority is powers of court on consideration of criminal, civil, economic, administrative cases and cases on administrative offenses on the basis of unconditional respect for the principle of rule of the Constitution and the law of the Republic of Uzbekistan.

According to article 114 of the Constitution of the Republic of Uzbekistan acts of judicial authority are obligatory for all state bodies, public associations, the companies, organizations, the organizations, officials and citizens.

Failure to carry out or inadequate accomplishment of acts of judicial authority attracts responsibility according to the legislation of the Republic of Uzbekistan.

2. Proceeding from sense of article 44 of the Constitution, courts are competent to resolve any question having nature of legal dispute, including the claim to illegal actions of state bodies, officials, public associations.

Courts should mean that according to article 16 of the Constitution any law or other regulatory legal act cannot contradict its regulations and the principles.

3. According to the law any restriction of legal proceedings, rendering direct or indirect impact, threat or intervention in judicial activities from any party of the official or the citizen at the slightest pretext is not allowed.

The constitution of the Republic of Uzbekistan and the Law of the Republic of Uzbekistan "About courts" to judges this the high status, they are appointed the President of the Republic of Uzbekistan or on its representation are elected the Senate of the Oliy Majlis of the Republic of Uzbekistan or are chosen or appointed the Jokargi Kenes of the Republic of Karakalpakstan on representation of the Chairman of the Jokargi Kenes of the Republic of Karakalpakstan with the consent of the President of the Republic of Uzbekistan or appointed the Supreme judicial council of the Republic of Uzbekistan in coordination with the President of the Republic of Uzbekistan.

The consent of local executive bodies for this purpose is not required.

The law obliges public institutions, citizens and the organizations to be respectful to court.

Any institute of the government has no right to assign to court of obligation, not connected with administration of law.

Disrespect for court is inadmissible and is subject to punishment in the procedure established by the law.

4. Nobody has the right to demand from the judge of explanations concerning adoption of this or that decision by him on case.

Such explanations can be received from it only in the cases provided by the law.

At the same time it must be kept in mind that the fact of cancellation or change of the judgment is not the basis for the requirement from judges of explanations.

5. Written or oral appeals of officials to court in which recommendations about occasion of permission of this or that case are stated are not subject to consideration.

The law does not provide establishment of control from state bodies, public associations and other organizations of consideration by court of claims and statements. The group of people, competent to make complaints to judgments, and procedure for their consideration are strictly determined by the procedural legislation.

6. Mass media in the messages on cases in point have no right to express opinion on what shall be the judgment, or other means to make impact on court for benefit of any person participating in case. At the same time it must be kept in mind that according to article 26 of the Constitution and article 16 of the Law "About Courts" each person accused in crime execution is considered innocent until his guilt is proved in the procedure provided by the law and is established by the court verdict which took legal effect.

7. The principle of independence grants to courts the right and demands from them fair legal proceedings and observance of the rights of the parties.

According to the principle of competitiveness of production in court enshrined in the procedural legislation, the prosecutor is the party in legal procedure and has the equal rights with other parties of process.

8. Draw the attention of courts that the most important guarantee of independence of judges, their impartiality and objectivity the mystery of meeting and prohibition is to require its disclosure.

Put discussion the judge with agents of the parties, and equally other persons raises doubts in impartiality of the judge and therefore is inadmissible. The judge participates in case discussion only in the consultative room. The judge also has no right to give advice and to express opinion to somebody concerning permission of specific case as further this case can appear in its jurisdiction.

9. Explain that, courts of the Republic of Karakalpakstan, areas and the city of Tashkent, interdistrict, district (city), military courts are subordinated to superior courts only procedurally.

Judges of courts of all levels are subordinated to chairmen and vice-chairmen of the relevant courts only concerning the organization of work.

The specified officials have no right to make recommendations to judges on legal cases, to punish judges in disciplinary procedure.

Disciplinary punishments have the right to impose on judges only qualification boards of judges.

Judges according to the law have the right of appeal of decisions of qualification boards in the Highest qualification board and therefore so far the decision of qualification board did not take legal effect, it is impossible to recognize the judge punished in disciplinary procedure.

The judge can be brought to disciplinary responsibility only if he allows deliberate violation of the law or the bad faith which entailed substantial effects. Only the qualification board of judges can give to these circumstances assessment.

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