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PRESS OFFICE
May 5, 2006
PRESS-RELEASE: On Judicial System in the Republic of Uzbekistan (independence of judges, the system of selection of judicial staff)
Justice in Uzbekistan is carried out by the courts. The Constitution of the Republic of Uzbekistan proclaims the independence of judicial authority. Being an independent branch of the power, judicial bodies carry out the function to protect the rights and freedoms of individuals and citizen.
The Constitution (Article 107) determines a structure of judicial authority consisting of the Constitutional Court, the Supreme Court and the Supreme Economic Court.
Besides, creation of any extraordinary courts in the country is inadmissible. The legal proceedings in all courts are open to the public, except for the cases determined by the law (for example, at the request of victim).
Judges are independent in their activity and subject to the law, which in its turn provides an inviolability of judges. A judge can not be elected as a senator or member of representative bodies of the state power. Judges can not belong to any political parties, participate in any political movements, as well be engaged in any other kinds of paid activity, except for scientific and pedagogical ones.
The Constitutional Court of the Republic of Uzbekistan is a body of a judicial authority on hearing of cases relating to the constitutionality of acts of legislative and executive branches.
According to the Constitution of the Republic of Uzbekistan the Constitutional Court is to be elected for the period of five years and served as a permanent working body.
The Supreme Court of the Republic of Uzbekistan is the highest judicial body of civil, criminal and administrative law.
The Supreme Court of the Republic of Uzbekistan consists of Chairman, his/her First Deputies and Deputies, chairmen of judicial Boards, judges of the Supreme Court, and has the following structure:
- Plenum of the Supreme Court of the Republic of Uzbekistan;
- Presidium of the Supreme Court of the Republic of Uzbekistan;
- Judicial Board on Civil Cases;
- Judicial Board on Criminal Cases;
- Martial Board;
- Supreme Courts of the Republic of Karakalpakstan on Civil and Criminal Cases;
- Regional and Tashkent City Courts on Civil and Criminal Cases;
- Interdistrict, District and City Courts on Civil and Criminal Cases.
The Supreme Economic Court of the Republic of Uzbekistan is the highest judicial body of economic law. The Supreme Economic Court has the right to supervise the judicial activity of the Economic Court of the Republic of Karakalpakstan, Economic Courts of regions and Tashkent City.
The activity of courts of general jurisdiction and economic courts is regulated by the Law on Courts, which, along with organizational bases of judicial system, guarantees the independence of judges.
There are several procedural options for realization of a judicial authority in Uzbekistan, which are used to call as the forms of legal proceedings. They are constitutional, civil, economic, criminal and administrative legal proceedings. Each of these legal proceedings is regulated by the special act of legislation.
The principle of non-replacement of judges during the render of justice by them is completely reflected in the legislation. The general and single term of an appointment for judges of all courts in the Republic of Uzbekistan is 5 years.
In 1999, with a view of ensuring a genuine independence of a judicial branch and further democratization of principles of selection and arrangement of judicial specialists, at the President of the Republic of Uzbekistan the Commission on consideration the issues connected with an assignment and discharging of judges was formed. Its creation was an essential step towards solution of one of the important issues of judicial reform ? formation of judicial corps with qualified and competent judges.
In 2001 this Commission was transformed to the Supreme board of experts on selection of and recommendations for judges at the President of the Republic of Uzbekistan. The board consists of judges, deputies of Oliy Majlis (Parliament), scientists of law, representatives of law enforcement bodies and NGO.
The primary reserve of the judicial staff is formed by the qualifying boards of judges on the basis of proposals of courts, law enforcement bodies, other organizations, members of the public associations of judges. This process is carried out with taking into consideration educational background, work experience and professional qualities of candidates for the judges. Any person aged 25, with education from a law school and having a work experience on the speciality not less than three years, has the right to submit an application for enrolment to the reserve of judges.
The qualifying boards of judges, which elected by the Plenum of the Supreme Court for the period of 5 years, carries out personal interviews, examinations, studies the presented materials about candidates to be enrolled to the reserve of judges. By these procedures the board makes decisions on candidates? professional and moral qualities, level of their knowledge and outlook.
The decision of the qualifying boards of judges goes, on an alternative basis, to the Supreme board of experts, which makes a conclusion on suitability of the presented nominee on a post of the judge. Thus, a principle of transparency in nomination to a judicial post is ensured.
The order of the providing candidates with an authority of the judge:
Judges of the Supreme Court and Supreme Economic Court of the Republic of Uzbekistan are elected by Senate of Oliy Majlis of the Republic of Uzbekistan on a submission of the President of the Republic of Uzbekistan.
Judges of the Republic of Karakalpakstan are elected or appointed by Parliament of Karakalpakstan on a submission of Chairman of this Parliament. The candidatures have to be preliminarily agreed with the President of the Republic of Uzbekistan.
Judges of regional courts, Tashkent city courts, interdistrict, district (city) and court martial are appointed by the President of the Republic of Uzbekistan on a submission of the Supreme qualifying commission on a selection and recommendation to the posts of judges at the President of the Republic of Uzbekistan. Judges of economic courts also are appointed by the President of Uzbekistan on a submission of Chairman of Supreme Economic Court of the Republic of Uzbekistan.
The final act of putting the candidate with an authority of judge is the swear, because by the law without this procedure the judge can not take up the duties.
The election of judges of the Supreme Court and Supreme Economic Court of the Republic of Uzbekistan by Senate of Oliy Majlis on a submission of the President of the Republic of Uzbekistan, as well as an assignment of district, regional judges and other comparable judges by the President of the Republic of Uzbekistan heightens the status of judges and guarantees of their independence.
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