of February 21, 2017 No. UP-4966
About measures for radical enhancement of structure and increase in efficiency of activities of judicial system of the Republic of Uzbekistan
One of priorities of further development of the country is consecutive democratization of judicial system, ensuring strict observance of the constitutional regulations about independence of judicial authority.
For the expired years considerable work on formation of court as independent and independent branch of the power, its transformation from repressive body in the past is carried out to authentic independent institute of the state designed to protect and protect reliably human rights and freedoms.
At the same time further enhancement of procedure for candidate screen and appointment to positions of judges is necessary. The highest qualification commission on selection and the recommendation to positions of judges has no accurate legal status, performs activities on a voluntary basis and is given limited authority.
Besides, availability of two supreme bodies of judicial authority - the Supreme Court and the Supreme Economic Court of the Republic of Uzbekistan leads to duplication of management functions by judicial system, does not provide single court practice.
Entry of judges of public vessels into structure of Armed Forces of the Republic of Uzbekistan, procedure for material and financial provision of activity of the courts of the general jurisdiction by judicial authorities do not correspond to the principle of independence of judicial authority.
The operating structure and the number of staff of system of courts do not provide rational distribution of office loading that requires their enhancement and optimization taking into account modern requirements.
Need of ensuring reliable judicial protection of the rights, freedoms, legitimate interests of citizens and subjects of entrepreneurship, realization of the constitutional regulation on implementation of administrative legal proceedings, and also increase in legal culture of the population cause creation of system of administrative courts.
For the purpose of further ensuring authentic independence, increase in efficiency of activities and the authority of judicial authority, enhancement of structure of courts and system of selection and appointment to positions of judges:
1. Form the Supreme judicial council of the Republic of Uzbekistan (further - Council) which is body of judicial community and rendering assistance in ensuring compliance with the constitutional principle of independence of judicial authority in the Republic of Uzbekistan.
2. Abolish the Highest qualification commission on selection and the recommendation to positions of judges in case of the President of the Republic of Uzbekistan with transfer of the released 21 established posts of its executive office to Council.
3. Determine the main objectives of Council:
forming of the judicial case on the basis of competitive candidate screen to positions of judges, appointment of judges from among the most qualified and responsible specialists, and also making the recommendation for promotion to the leading judicial positions;
taking measures to prevention of violation of immunity of judges and intervention in their activities for administration of law;
organization of professional training, advanced training of judges, implementation of efficiency evaluation of their activities, and also initiation of question of encouragement of judges;
implementation of interaction with mass media, establishing dialogue with the population, consideration of appeals of physical persons and legal entities concerning observance by judges of rules of ethical behavior;
preparation of offers on further enhancement of the legislation in the judicial and legal sphere, to ensuring authentic independence of judicial authority and single court practice, increase in the access level to justice and qualities of its departure;
consideration of question of attraction to disciplinary responsibility of judges, and also about making the conclusion on attraction them to the criminal and administrative responsibility.
4. Determine that:
chairmen, deputy chairmen, judges of the Constitutional court and the Supreme Court of the Republic of Uzbekistan are elected by the Senate of the Oliy Majlis of the Republic of Uzbekistan on representation of the President of the Republic of Uzbekistan;
chairmen and deputy chairmen of Military court of the Republic of Uzbekistan, courts of the Republic of Karakalpakstan, areas and the city of Tashkent are appointed to position and dismissed by the President of the Republic of Uzbekistan on representation of Council;
judges of public vessels, courts of the Republic of Karakalpakstan, areas and the city of Tashkent, district (city) and interdistrict courts are appointed to position and dismissed by Council in coordination with the President of the Republic of Uzbekistan.
5. Approve the offer of the Supreme Court of the Republic of Uzbekistan on transformation of the Research center for democratization and liberalization of the judicial legislation and to ensuring independence of judicial system under the Supreme Court in the Research center of studying of problems of justice under the Supreme judicial council of the Republic of Uzbekistan with extreme number of 21 established post of managerial personnel.
6. Establish procedure for forming of structure of Council according to which:
the chairman of the board is appointed by the Senate of the Oliy Majlis of the Republic of Uzbekistan on representation of the President of the Republic of Uzbekistan;
eleven members affirm the President of the Republic of Uzbekistan from among judges on representation of the chairman of the board behind whom the status of the judge for period of service of the member of council remains;
nine members affirm the President of the Republic of Uzbekistan from among representatives of law enforcement agencies, institutes of civil society and highly qualified specialists in the field of the right.
7. Extend to the members of council working at permanent basis, guarantee, the payment terms of work and privilege established for judges.
8. Approve the offers of the Supreme Court, the Supreme Economic Court and the Ministry of Defence of the Republic of Uzbekistan providing since June 1, 2017:
merging of the Supreme Court and Supreme Economic Court of the Republic of Uzbekistan, creation of the single supreme body of judicial authority in the field of civil, criminal, administrative and economic trial - the Supreme Court of the Republic of Uzbekistan;
formation of administrative courts of the Republic of Karakalpakstan, areas and the city of Tashkent, district (city) administrative courts to which consideration of the administrative disputes following from the public relations, and also cases on administrative offenses is subordinated;
reducing the number of staff of Military court of the Republic of Uzbekistan, district and territorial public courts on 159 units and abolition of platoon of protection of Military court of the Republic of Uzbekistan;
transfer of the number of staff of Military board of the Supreme Court of the Republic of Uzbekistan, Military court of the Republic of Uzbekistan, district and territorial public courts from structure of Armed Forces of the Republic of Uzbekistan in system of the Supreme Court of the Republic of Uzbekistan without preserving for judges and employees of military courts of legal status of the military personnel, including the rights, privileges and benefits established for the military personnel;
formation of judicial board on administrative cases of the Supreme Court of the Republic of Uzbekistan with abolition of Military board of the Supreme Court of the Republic of Uzbekistan;
transformation of economic courts of the Republic of Karakalpakstan, areas and city of Tashkent to economic courts of the Republic of Karakalpakstan, areas and city of Tashkent;
creation of 71 interdistrict, district (city) economic courts to which hearing of cases in the first instance is subordinated;
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