of September 15, 2000 No. 22
About practice of court by hearing of cases on administrative offenses
Article 20 of the Constitution of the Republic of Uzbekistan proclaims that implementation of the rights and freedoms by citizens shall not violate legitimate interests, the rights and freedoms citizens shall not violate legitimate interests, the rights and freedoms of other persons, the state and society. Proceeding from this constitutional regulation courts by hearing of cases about administrative offenses concerning persons who action or failure to act encroach on the personality of the right and freedoms of citizens, the property, the state and public order, the environment is generally correctly applied the legislation on the administrative responsibility.
At the same time, by preparation of cases of this category for consideration and judicial trial courts in some cases allow violations of the law.
In particular, they do not pay due attention to questions of adherence to deadlines of administrative prosecution, creation of protocols by bodies (officials) who do not have such rights or their registration with violation of the requirement of the law.
For the purpose of elimination of the mistakes and shortcomings which are available in court practice, and also permission of the arisen questions, the Plenum of the Supreme Court of the Republic of Uzbekistan.
1. Draw the attention of judges to need of strict observance of requirements of the law by hearing of cases on administrative offenses, to respect for the principles of equality of citizens before the law, democratism, humanity, justice and inevitability of responsibility.
Courts need to mean that according to article 9 KOAO the acts mitigating or eliminating responsibility for administrative offenses have retroactive force, that is extend also to the offenses made before entry into force of these acts, and the acts establishing or strengthening responsibility for administrative offenses have no retroactive force
2. Judges in case of acceptance to the proceedings about administrative offenses shall observe requirements of article 245 of the Code about the administrative responsibility (further in текстеКоАО).
3. By preparation for consideration of the case the judge should resolve issues, stipulated in Article 303 KOAO of administrative offense.
4. In case of incompetence of case on administrative offense this force or the direction it with violation of requirements of article 282 KOAO, it returns to body (official) who constituted the administrative report or issued the decree on initiation of proceedings on administrative offense, the motivated letter of the judge. Time spent for elimination of the revealed defects does not stop current of the terms established by articles 36 and 305 KOAO for consideration of the case about the administrative responsibility and applications of administrative punishment.
5. Contents of the protocol on administrative offense and the resolution on initiation of administrative proceedings shall conform to requirements of article 281 KOAO. In cases when the protocol is constituted or the decree on initiation of administrative proceedings is issued by the inadequate official, in it are not specified time of making and being of administrative offense, the regulation providing responsibility for this offense, or person made responsible is not informed of case papers, or it in the procedure provided by KOAO is not handed the copy of the protocol or the resolution and also if the rights, stipulated in Article 249 KOAO are not explained to it, the judge returns the protocol or the resolution to the relevant organ or the official who constituted it for remedial action.
6. When considering the case about administrative offense the judge shall take measures to ensuring right of defense of person brought to the administrative responsibility according to requirements of article 249 KOAO.
Person brought to the administrative responsibility having the right gets acquainted with case papers, to offer explanations, produces the evidence, to declare petitions, when considering the case to use legal aid of the lawyer, to act in the native language and to use translation service, to appeal the resolution on case.
Obligation prove making of administrative offense by the particular person it is assigned to bodies (officials) who constituted the protocol on administrative offense. Therefore brought to the administrative responsibility, having right of defense, can prove the innocence, but it is not its obligation. Violation of right of defense of person brought to the administrative responsibility can form the basis for cancellation of the resolution on imposing of administrative punishment.
6-1. Explain that according to article 171 KOAO for the road traffic offenses fixed by the special automated technical means photo and video of fixing, the administrative responsibility is subject the owner of the vehicle and in case it belongs to the legal entity - person responsible for operation of this vehicle.
Photo and video of fixing it is necessary to understand special technical means as the automated technical means, including photo the radars having functions of photo, the videos working in the automatic mode and being component of computerized safety management system of traffic.
7. For the purpose of objective and impartial consideration of the case about administrative offense shall be considered in the presence of person brought to the administrative responsibility. In lack of this face case can be considered only in cases when there are data on the modern notice on the place and time of consideration of the case if from it the petition for case adjournment did not arrive, or in case of its consent cases are not considered (the judge about it shall motivate in the resolution on case). In case, stipulated in Article 309-1 KOAO, case on administrative offense by court is considered without participation of person brought to the administrative responsibility.
In the cases provided by part three of article 249 KOAO presence of person brought to the administrative responsibility is obligatory. Not observance of this rule is the basis for cancellation of the resolution.
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