On August 30, 1995 No. 108-I
About appeal in court of the actions and decisions violating the rights and freedoms of citizens
Each citizen has the right to appeal with the claim to court if he considers that wrongful acts (decisions) of state bodies, the companies, organizations, the organizations, public associations, self-government institutions of citizens or officials violate its rights and freedoms.
Foreign citizens have the right to appeal with the claim to court according to the procedure, established by this Law if are not provided by international treaties and agreements of the Republic of Uzbekistan other.
Persons without citizenship have the right to appeal to the court with the claim according to this Law.
Belong joint and individual actions (decisions) as a result of which to actions (decisions) of state bodies, companies, organizations, organizations, public associations, self-government institutions of citizens and officials which can be appealed in court:
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.
According to this Law courts consider claims to any actions (decisions) violating the rights and freedoms of citizens except:
actions (decisions) which check is referred by the legislation to exclusive competence of the Constitutional court of the Republic of Uzbekistan;
actions (decisions) concerning which the legislation provides other procedure for judicial appeal.
The citizen has the right to address with the claim to actions (decisions) violating him the rights and freedoms is direct in court or in higher, according to the procedure of subordination, body or to the official.
Higher, according to the procedure of subordination, body, the official shall consider the claim in a month. If to the citizen grievance settlement it is refused or he did not receive the answer within a month from the date of its giving, he has the right to appeal with the claim to court.
The complaint can be made by the citizen whose rights and freedoms are broken, or his representative, and also at the request of the citizen by the authorized representative of public association, labor collective.
The claim is filed a lawsuit at the discretion of the citizen in the place of his residence or in court in the location of body or for place of employment of the official whose actions (decisions) are appealed.
The serviceman has the right according to the procedure, provided by this Article, to appeal to military court with the claim to actions (decisions) of bodies of military management and military officials violating it the rights and freedoms and also to the higher official.
Having taken cognizance of the claim, court:
will request from required materials relevant organs and officials;
at the request of the citizen or on the initiative resolves question of suspension of execution of the appealed action (decision).
For appeal to the court with the claim the following terms are established:
three months from the date of when the citizen knew of violation of its rights and freedoms;
one month from the date of receipt by the citizen of the written notice of refusal of higher body, the official in grievance settlement;
one month from the date of the expiration of monthly term after submission of the claim if the citizen did not receive on it the written answer.
The submission due date of the claim missed on reasonable excuse can be recovered by court.
The claim of the citizen to actions (decisions) of state bodies, the companies, organizations, the organizations, public associations, self-government institutions of citizens, officials is considered by court on civil procedure rules.
By results of consideration of the claim the court passes the decision.
Having established justification of the claim, the court recognizes the appealed action (decision) illegal, obliges to meet the requirement of the citizen or in other way recovers its violated rights and freedoms.
If the appealed action (decision) the court recognizes legal, not violating the rights and freedoms of the citizen, it refuses grievance settlement.
The judgment can be appealed in superior court according to the procedure, established by the legislation.
The judgment which took legal effect is obligatory for all state bodies, the companies, organizations, the organizations, public associations, self-government institutions of citizens, officials, citizens and is subject to execution.
The judgment goes to body or the official which actions (decision) were appealed, and also to the citizen is ten days after entry of decision into legal force not later.
About execution of the decision it shall be reported to court and the citizen no later than in a month from the date of receipt of the judgment. In case of non-execution of the decision the court takes measures, stipulated by the legislation.
The legal costs connected with consideration of the claim can be assigned by court to the citizen if the court passes the decision on refusal in grievance settlement, or to body or the official if it determines that their actions (decision) are illegal.
Republic of Uzbekistan I. Karimov
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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