LAW OF THE REPUBLIC OF UZBEKISTAN

of March 29, 2017 No. ZRU-421

About modification and amendments in some legal acts of the Republic of Uzbekistan in connection with acceptance of additional measures for providing guarantees of reliable protection of the rights and freedoms of citizens

Accepted by Legislative house on March 17, 2017

Approved by the Senate on March 28, 2017

List of amending documents

Article 1. Bring in the Law of the Republic of Uzbekistan of December 9, 1992 No. 746-XII "About prosecutor's office" (in edition of the Law of the Republic of Uzbekistan of August 29, 2001 No. 257-II) (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2001, No. 9-10, of Art. 168; 2003, No. 5, Art. 67; 2005, No. 1, Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2007, No. 6, Art. 249; 2008, No. 9, Art. 487, No. 12, Art. 636; 2011, No. 4, Art. 101; 2012, No. 9/2, of Art. 244; 2015, No. 8, Art. 310; 2016, No. 9, Art. 276) following change and amendment:

Parts two of Article 13 of the word "to cases in point and" to exclude 1) from the paragraph of the fourth;

The paragraph the twelfth article 28 parts one after the words "about the placement of person to medical institution" to add 2) with the words "about exhumation of corpse, about arrest of post and cable departures".

Article 2. Bring in the Law of the Republic of Uzbekistan of September 2, 1993 No. 924-XII "About courts" (in edition of the Law of the Republic of Uzbekistan of December 14, 2000 No. 162-II) (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2001, No. 1-2, of Art. 10; 2002, No. 1, Art. 20; 2004, No. 1-2, of Art. 18; 2005, No. 1, Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2007, No. 6, Art. 249, No. 7, Art. 324; 2009, No. 12, Art. 470; 2011, No. 4, Art. 104; 2012, No. 9/2, of Art. 244; 2014, No. 1, Art. 2) following changes and amendment:

To exclude 1) from part one of Article 15 of the word "is the highest degree of jurisdiction and";

2) in Article 17 part two:

exclude paragraph two;

third - the tenth to consider paragraphs respectively paragraphs the second - the ninth;

Article 18 to exclude 3);

Part one of Article 19 to state 4) in the following edition:

"The resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan takes legal effect from the moment of acceptance";

The name and part one of Article 21 to state 5) in the following edition:

"Article 21. Consideration by the Plenum of the Supreme Court of the Republic of Uzbekistan of the questions carried to its competence

The questions submitted for consideration of the Plenum of the Supreme Court of the Republic of Uzbekistan by the chairman of the Supreme Court of the Republic of Uzbekistan or the Attorney-General of the Republic of Uzbekistan are heard respectively according to their reports or reports of persons authorized by them. Persons invited to meeting of the Plenum of the Supreme Court of the Republic of Uzbekistan can participate in discussion of these questions";

6) in Article 23:

to add part one after the words "Presidium of the Supreme Court of the Republic of Uzbekistan" with the words "is the highest degree of jurisdiction and";

the fourth to exclude part;

The second Article 27 parts one the word of "Plenum" to replace 7) in the paragraph with the word of "Presidium";

To exclude from paragraph two of Article 30 of the word "and according to the procedure of supervision";

Part third of Article 31 to state 9) in the following edition:

"Resolutions of presidium of the Supreme Court of the Republic of Karakalpakstan, regional court, the Tashkent city court are accepted by a majority vote the members of presidium of the Supreme Court of the Republic of Karakalpakstan, regional court, Tashkent city court participating in vote and are signed by the chairman of the relevant court";

10) in Article 32:

exclude paragraph two;

paragraphs the third, fourth and fifth to consider respectively paragraphs the second, third and fourth;

11) in Article 34:

the third and fourth to exclude paragraphs;

the fifth - the thirteenth to consider paragraphs respectively paragraphs third - the eleventh;

Part the second Article 37 to state 12) in the following edition:

"The district (city) criminal court judge considers the criminal cases and cases on administrative offenses referred by the law to its competence and also petitions for application of measure of restraint in the form of detention or house arrest or about prolongation of term of detention or house arrest, about discharge of the person accused from position, about the placement of person to medical institution or about prolongation of term of stay of the person accused in medical institution, about exhumation of corpse, about arrest of post and cable departures, about refusal in initiation of legal proceedings or about the termination of criminal case or about release from punishment of the convict based on the act of amnesty".

Article 3. Bring in the Criminal code of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2012-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 1, Art. 3; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1996, No. 9, Art. 144; 1997, No. 2, Art. 56, No. 9, Art. 241; 1998, Art. No. 5-6, 102, No. 9, Art. 181; 1999, No. 1, Art. 20, No. 5, Art. 124, No. 9, Art. 229; 2000, No. 5-6, of Art. 153; 2001, Art. No. 1-2, 23, No. 9-10, Art. 165; 2002, No. 9, Art. 165; 2003, No. 1, Art. 8, No. 9-10, Art. 149; 2004, Art. No. 1-2, 18, No. 9, Art. 171; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 9, Art. 314, No. 12, Art. of the Art. 417, 418; 2006, No. 6, Art. 261, No. 12, Art. 656; 2007, No. 4, Art. of the Art. 158, 166, No. 6, Art. 248, No. 9, Art. of the Art. 416, 422, No. 12, Art. 607; 2008, No. 4, Art. of the Art. 187, 188, 189, No. 7, Art. 352, No. 9, Art. of the Art. 485, 487, 488, No. 12, Art. of the Art. 640, 641; 2009, No. 1, Art. 1, No. 4, Art. 128, No. 9, Art. of the Art. 329, 334, 335, 337, No. 12, Art. 470; 2010, No. 5, Art. of the Art. 176, 179, No. 9, Art. 341, No. 12, Art. of the Art. 471, 477; 2011, No. 1, Art. 1; 2012, No. 4, Art. 108, No. 9/1, Art. 242, No. 12, Art. 336; 2013, No. 4, Art. 98, No. 10, Art. 263; 2014, No. 1, Art. 2, No. 5, Art. 130, No. 9, Art. 244, No. 12, Art. 343; 2015, No. 6, Art. 228, No. 8, Art. of the Art. 310, 312, No. 12, Art. 452; 2016, No. 4, Art. 125, No. 9, Art. 276, No. 12, Art. of the Art. 383, 385), following amendments and changes:

1) in Article 43 part one:

add with the Item "-1" of the following content:

"-1) obligatory social jobs";

exclude the Item "d";

Part third of Article 44 to state 2) in the following edition:

"In case of evasion of the fine condemned from payment which is ordered to pay as punishment in the terms established for forced execution, or impossibility of recovery of penalty during the term established for forced execution because of absence at the debtor of property on which collection can be turned, and it is equal in case of failure to pay penalty after the term of delay or violation of conditions of payment of penalty by installments, court replaces outstanding amount of penalty with punishment in the form of obligatory social jobs, corrective works, restriction on service, restriction of freedom or imprisonment. In this case obligatory social jobs are appointed at the rate of two and a half hours for the penalty amount corresponding to one minimum size of the salary, but for the term of not over four hundred eighty hours, corrective works, restriction on service, restriction of freedom or imprisonment - at the rate of one month for the penalty amount corresponding to sixteen minimum sizes of the salary, but for the term of not over three years";

To exclude 3) from part four of Article 45 of the word "or to arrest";

To add 4) with Article 45-1 of the following content:

"Article 45-1. Obligatory social jobs

Obligatory social jobs consist in forced involvement of the convict to accomplishment of free socially useful works. In the presence at the convict of work or study obligatory social jobs are left for time, free from work or study.

Places (objects) on which convicts can leave obligatory social jobs and type of obligatory social jobs are determined by the bodies knowing execution of this punishment.

Obligatory social jobs are established for a period of hundred twenty till four hundred eighty o'clock and not over four hours a day within six months are left, and in case of the circumstances which are not depending on the convict - up to one year.

Obligatory social jobs are not applied to the persons which reached retirement age, did not reach sixteen years, to the expectant mothers, women having children under three years, to the disabled people of the first and second group, the military personnel, foreign citizens and persons who are not living constantly in the Republic of Uzbekistan.

In case of the evasion condemned court from serving sentence replaces the unexpired term of obligatory social jobs with punishment in the form of restriction of freedom or imprisonment at the rate of one day of restriction of freedom or imprisonment in four hours of obligatory social jobs. Evasion time of the served sentence is not set off in time";

The word of "arrest" to exclude 5) from Article 47 part two;

Article 48 to exclude 6);

Shall be replaced with words 7) in part two of Article 48-1 of the word of "six months" "one month";

8) in part two of Article 50 of the word of "six months" shall be replaced with words "one month";

The text of Article 61 to state 9) in the following edition:

"In case of addition of primary punishments of different type correspond to one day of imprisonment:

a) one day of restriction of freedom or the direction in disciplinary part;

b) three days of corrective works or restriction on service;

c) four hours of obligatory social jobs.

Mulctary punishment or deprivations of certain right in case of addition with imprisonment, the direction in disciplinary part, restriction of freedom, restriction on service, corrective works, obligatory social jobs is carried out independently";

10) in Article 62 part one:

to exclude the word of "arrest" from the Item "and";

add with the Item "in" of the following content:

"c) in four hours of obligatory social jobs";

Article 63 to add 11) with part two of the following content:

"Punishment terms in the form of obligatory social jobs are estimated in hours";

Shall be replaced with words 12) in part five of Article 75 of the word "during serving of corrective works" "during serving of obligatory social jobs or corrective works";

13) in Article 78:

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