Article 397. Procedure for Considering Cases in a Court of Appeal

The proceedings in the court of appeal shall be conducted according to the rules established by Chapter 22 of this Code, taking into account the specifics established by this article.

The presiding judge at the court session of the appellate instance shall take the necessary measures to ensure proper order at the court session, guided by Articles 211 and 212 of this Code.

The presiding judge opens the court session and announces which case, on whose complaint (protest) and on the decision of which court is subject to consideration. The presiding judge finds out which of the persons participating in the case did not appear, what information is available about the reasons for their failure to appear, establishes the identity of those who have appeared, and also checks the powers of officials and representatives.

The presiding judge announces the composition of the court, informs who participates as the secretary of the court session, prosecutor, expert, specialist, translator and explains to the persons participating in the case their right to challenge.

The declared offsets are permitted in the manner prescribed by Chapter 4 of this Code.

The presiding judge explains to the persons participating in the case their procedural rights and obligations.

If any of the persons participating in the case, in respect of whom there is no information about the proper notification of them about the time and place of the consideration of the case, does not appear at the court session, the court shall postpone the proceedings.

The failure to appear of the persons participating in the case, duly notified of the time and place of the consideration of the case, is not an obstacle to the proceedings. However, the court has the right in these cases, recognizing the reasons for failure to appear as valid, to postpone the proceedings.

The court issues a private ruling on the failure of a prosecutor or a lawyer to appear without good reason, which is reported to the higher prosecutor or the qualification commission under the territorial administration of the Chamber of Lawyers of the Republic of Uzbekistan, respectively.

The petitions and statements of the persons participating in the case on all issues related to the proceedings of the case in the appellate instance are resolved by the court after hearing the opinions of other persons participating in the case.