November 20, 2015
AN IMPORTANT CONDITION FOR COUNTRY’S DEMOCRATIC DEVELOPMENT
“The judiciary functions independently from the Legislative and Executive branches, political parties and other public associations in Uzbekistan” - Article 106 of the Constitution of the Republic of Uzbekistan
Judiciary’s independence is one of the fundamental principles of a democratic legal state, fundamental element of the right to a fair trial. It is a starting factor in determining the court’s position in a modern state.
Courts’ independence and autonomy in Uzbekistan are enshrined at the highest level. Thus, articles 106 and 112 of the Main Law provided a solid basis for systematic and consistent judicial reforms in our country. Extensive work has been undertaken to raise authority and importance of the judiciary in promoting the rule of law and social justice as an integral part of the processes democratic legal state’s formation.
A solid legislative framework of judicial activity, including political, structural, procedural, socio-economic, organizational, personnel and other guarantees have been established during the years of independence. In addition, our state has ratified several international documents. In particular, the Oliy Majlis has ratified one of the most important international acts in this field, Basic principles on the Independence of the Judiciary, approved by United Nations General Assembly Resolution. trust laws “On the Constitutional Court of the Republic of Uzbekistan”, “On Courts”, “About appeal in court of actions and the decisions breaking the rights and freedoms of citizens”, “On execution of judicial acts and acts of other bodies”, “On Arbitration Courts”, “On the detention during the criminal cases” and others have been adopted in the framework of international and constitutional regulations, as well as the trend of judicial system’s progressive development.
Effective mechanisms for the implementation of the principle of judiciary’s independence from legislative and executive branches, political parties, and other public associations have been established, as well as system, powers and principles of judiciary’s work, procedural framework of proceedings. Measures have been taken to eliminate supervisory function of prosecuting authority on judicial activities, which have contributed to the transformation of court institute in the direct participant of the system of protection of rights and freedoms.
It should also be noted that the law of January 20, 2014 envisages additional guarantees for employment of employees, elected or appointed to positions of judges and provide the judges after their term. The law of April 22 of the same year is of great practical importance, which approved the Regulation on qualification panel of judges, stipulated a number of democratic innovations in the activity of the qualification judges’ collegium in new edition.
It is important that the improvement of guarantees of judges’ independence remains a central direction of the judicial reforms. Crucial step was the adoption of the law “On amendments and additions to some legislative acts of Uzbekistan in connection with further reforming of judicial-legal system” on September 18, 2012 within the Concept of further deepening of democratic reforms and formation of the civil society in the country, which amended the criminal procedure law. They excluded functions, criminal prosecution and announcement of the indictment from the powers of the court. In other words, objectivity and impartiality of the court were enshrined in criminal proceedings.
In accordance with best practice in international regulation, the powers of courts in the judicial control over investigation at the stage of pre-production has been consistently expanded. The introduction of “habeas corpus” institution in the legislation was fundamental, the courts have been granted the right to issue warrants for detention and the application of such measures of procedural coercion as dismissal from office and placement in a medical institution. It fully complies with best practices of such developed countries as USA, UK, Germany, France, est., and played a huge role in the further democratization of the national legal system. Ensuring the independence of the judiciary is inextricably linked with improving the professional qualification of workers.
The decrees of the President “On measures on radical improvement of social protection of workers of judicial system” on August 2, 2012 and “On organizational measures on further improvement of activity of courts” on November 30 of the same year were adopted, taking into consideration the importance of establishing effective that meet modern democratic requirements of the system of selection and placement of judicial personnel strengthening judicial power. According to them social and legal guarantees of the independence of the judiciary have been greatly expanded, additional measures to protect the social status of the judiciary have been implemented, and the pool of candidates for judges, the improvement the system of education have been enhance
The decision of the Cabinet of Ministers “On measures on improvement of social protection of judges and organizational principles of training candidates for the post” on August 2, 2013 has also a positive effect. The presidential decree “On improvement of activity of the High qualification Commission on selection and recommendation of judges under the President of the Republic of Uzbekistan” dated December 29, 2012 radically improved organizational-legal mechanisms of selection, training candidates for judges. The role of the High qualification commission in addressing these challenges was strengthened.
The presidential decree “On measures to improve and enhance the effectiveness of the district and municipal courts of general jurisdiction” dated October 4 ,2013.was a new stage in the process of strengthening the independence and autonomy of the judiciary It served to further improvement of courts’ work, ensure the quality of their administration of justice, secure the protection of the rights and legitimate interests of citizens.
The prerequisites for courts’ informatization were created, which connected with the launch of the electronic proceedings in the country and the reducing of burden on judges and litigants, increased access to justice and efficiency of court proceedings. The tasks of introducing modern information and communication technologies in the courts and improve on the basis of its efficiency, openness and transparency of justice for everybody were defined in accordance with the presidential decree “On measures of radical improvement of social protection of workers of judicial system” from August 2, 2012.
The role of the independent judiciary as an integral element of a legal state and the system of full protection of the rights and freedoms of the individual increased in the conditions of dynamically developing society. Taking into consideration the judicial reform is aimed primarily at ensuring full implementation of the principle of the independence and autonomy of the judiciary, enshrined in the Main Law that contribute to the quality of the judiciary, its transparency, accessibility, openness, efficiency, and most importantly, are full and comprehensive protection of the rights and freedoms of the individual.
(Source: IA \"Jahon\")