Uzbekistan dispatch: new legal guidelines come into pressure with a brand new 12 months – JURIST


Farzona Kayumova is a employees correspondent for JURIST in Uzbekistan and a legislation pupil at Tashkent State College of Legislation. 

2023 was a 12 months of nice authorized and political change within the historical past of the Republic of Uzbekistan. Extra change is coming in 2024. The next legal guidelines will enter into pressure in Uzbekistan from January 1:

1. Legislation “On Amendments and Additions to the Financial Procedural Code of the Republic of Uzbekistan in reference to the advance of the process for checking the legality and reasonableness of courtroom selections” (Law of the Republic of Uzbekistan-No. 888).

Abstract of the legislation: This legislation introduces a brand new methodology for reviewing circumstances beforehand tried by regional courts and their equivalents as a part of the overall enchantment course of. It eliminates the process the place circumstances had been despatched again to first-instance courts for retrial by appellate and cassation courts. As an alternative, these increased courts at the moment are tasked with making closing selections on circumstances. Moreover, a choose who has participated in a case on the review-instance courtroom is barred from involvement in the identical case on the first-instance, appellate, or cassation ranges, in addition to in any subsequent assessment processes in increased courts. The legislation additionally permits for appeals in opposition to selections made by a cassation occasion courtroom, together with refusals to just accept a cassation grievance, returning the grievance, leaving it unheard, terminating proceedings, or different specified rulings.

2. Legislation “On amendments and additions to the Civil Process Code of the Republic of Uzbekistan in reference to the advance of the process for checking the legality, reasonableness and equity of courtroom selections” (Law of the Republic of Uzbekistan-No. 887).

Abstract of the legislation: This legislation introduces a section for reviewing circumstances in regional courts and their equivalents. It removes the method the place increased courts would ship annulled selections again to the decrease courts for re-evaluation. As an alternative, every courtroom is now chargeable for issuing a closing determination on a case. The legislation additionally establishes the proper to file a personal enchantment (protest) in opposition to a courtroom’s determination to refuse the annulment of a courtroom order. If a call is annulled, the applying is deemed to have been submitted on the date of the unique enchantment. Moreover, the selections of the appellate, cassation, and assessment courts change into legally efficient instantly upon their issuance.

3. Legislation “On the State Funds of the Republic of Uzbekistan for 2024” (Law of the Republic of Uzbekistan-No.886).

Abstract of the legislation: This legislation regulates the formation and implementation of Uzbekistan’s consolidated price range for 2024. It permits for a rise within the specified quantities of grants for socially important nationwide and state applications, with out requiring amendments to the legislation. If, after six months, the forecasted revenues of Uzbekistan’s price range system are usually not met, and there’s no enough foundation to count on their achievement by the tip of the monetary 12 months, the next measures apply:

4. Legislation “On making adjustments to the Code of Administrative Accountability of the Republic of Uzbekistan in reference to the advance of the establishment for checking the legality, reasonableness and equity of courtroom selections” (Law of the Republic of Uzbekistan-No.884).

Abstract of the legislation: The legislation now features a assessment authority within the strategy of adjudicating courtroom selections on administrative circumstances. It establishes that circumstances initially tried by district and metropolis courts are topic to assessment in regional courts or their equivalents by enchantment or cassation procedures. Equally, circumstances dealt with by regional courts or their equivalents may be reviewed within the trial panel of the Supreme Courtroom on legal circumstances, following the identical enchantment or cassation procedures. Moreover, the timeframe for submitting an enchantment in opposition to a call on an administrative offense has been decreased from 20 days to 10 days. The appellate courtroom is required to contemplate the enchantment inside 15 days of receiving all related supplies. Appeals in opposition to selections concerning administrative detention or deportation have to be reviewed inside 1 day.

5️. Legislation “On Amendments and Additions to the Legal Process Code of the Republic of Uzbekistan in reference to the advance of the establishment for checking the legality, reasonableness and equity of courtroom selections” (Law of the Republic of Uzbekistan-No.869).

Abstract of the legislation: The Code has been supplemented with new chapters that define the overall situations for assessing the legality, reasonableness, and equity of courtroom verdicts, rulings, and selections (Chapter 55), in addition to the process for submitting a grievance or protest in opposition to courtroom verdicts and selections within the assessment course of (Chapter 56-2).

Key elements of those additions embody:

  1. The legality, reasonableness, and equity of courtroom verdicts, rulings, and selections may be evaluated by the processes of enchantment, cassation, and assessment.
  2. The prosecutor is concerned in reviewing legal circumstances within the procedures of enchantment, cassation, and assessment.
  3. In contemplating a legal case by enchantment, cassation, or assessment, the courtroom just isn’t restricted to the problems raised in complaints or protests. It’s licensed to look at the whole case comprehensively, together with elements pertaining to all convicts, even those that didn’t file a grievance or protest in opposition to themselves.
  4. Convicts, their defenders, authorized representatives, victims, and their representatives are entitled to enchantment in opposition to the judgments and rulings of the first-instance courtroom thought of within the procedures of enchantment or cassation, in addition to in opposition to the judgments and rulings of appellate or cassation courts, within the assessment process.
  5. If a grievance or protest suggests the necessity for making use of the legislation to a extra severe crime, rising the punishment, or making different adjustments that worsen the prisoner’s scenario, the courtroom might rethink the conviction or determination underneath the assessment process. Moreover, this course of and the assessment of the courtroom’s determination to acquit or terminate a case are permissible solely inside one 12 months after they’ve legally come into impact.

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