On additional measures to further improve the activities of courts and increase the efficiency of justice (DP-6034-son)

24.07.2020

Decree

of the President of the Republic of Uzbekistan

In recent years, consistent work has been carried out in the country to further improve the judicial and legal system, strengthen measures to reliably protect the rights and legitimate interests of citizens and entrepreneurs, effectively ensure justice, and enhance the role of the bodies of the judiciary.

As a result of the mentioned efforts, the protection of human rights in the administration of justice has been raised to a new level.

In particular, about 2.3 thousand unjustly accused persons were acquitted, in relation to more than 3.5 thousand young people and women, who by mistake entered the path of crime, and who could be sentenced to punishment in the form of imprisonment, thanks to vouching of mahallas and the public, softer punishments were appointed, which allowed them to stay with their families, 60 law enforcement officers who grossly violated human rights were brought to criminal responsibility.

Along with this, the remaining unnecessary bureaucratic obstacles in the provision of judicial protection, duplicating stages of revision of court decisions, not properly organized judicial protection of investors' rights and a number of other shortcomings call for review of the existing judicial system against compliance with modern requirements and international standards.

In order to consistently implement the tasks pertaining to the judicial and legal sphere, set out in the address of the President of the Republic of Uzbekistan to Oliy Majlis of January 24, 2020, increase access of citizens to justice, improve the quality of considering cases in courts, as well as expand mechanisms to ensure practical equality and competition of the parties, that facilitate the adoption of objective, fair and lawful judicial decisions:

1. Take notice, Supreme Court of the Republic of Uzbekistan, together with Supreme Judicial Council and the judicial community, by way of legislative initiative, developed a draft, that provides for implementation of the following organizational and structural changes in the judicial system, starting from January 1, 2021:

formation of courts of general jurisdiction of the Republic of Karakalpakstan, regions and city of Tashkent on the basis of regional and equivalent civil, criminal and economic courts, while maintaining the strict specialization of judges and the formation of separate judicial panels by types of proceedings;

transfer of powers of administrative courts to consider cases of administrative offenses to criminal courts;

formation of inter-district administrative courts in the centers of the Republic of Karakalpakstan and regions, city of Tashkent, specializing in cases arising from administrative and other public law relations, with the consequent abolition of district (city) administrative courts and the retention of the administrative courts of the Republic of Karakalpakstan, regions and city Tashkent;

abolition of the Amudarya, Nurabad, Baysun and Pastdargom regional economic courts;

formation of the Yangiyul interdistrict civil court, Urgut, Sokh, Khatyrchi, Pakhtakor district civil courts, Pastdargom interdistrict economic court, Buzatov, Takhiatash, Bandikhan, Tuprokkala district criminal courts;

granting the right to appeal to the Supreme Judicial Council against decisions of the Higher Qualification Commission of Judges of the Republic of Uzbekistan, as well as the qualification commissions of judges of the courts of the Republic of Karakalpakstan, regions and city of Tashkent.

Supreme Court of the Republic of Uzbekistan, together with the Supreme Judicial Council, are to, within two months, submit to Oliy Majlis of the Republic of Uzbekistan a draft law on the issues provided for in this clause.

2. Approve the proposals of Supreme Court, Supreme Judicial Council, General Prosecutor's Office and Chamber of Advocates of the Republic of Uzbekistan, providing for, starting from January 1, 2021:

а) abolition of the institution of considering judicial cases in the order of supervision, abolition of the right of Chairperson of the Supreme Court, Prosecutor General of the Republic of Uzbekistan and their deputies to object in the order of supervision to decisions, sentences, rulings and orders of court;

б) introduction of a preliminary hearing stage, which provides the possibility of promptly identifying and eliminating factors that impede the consideration of a criminal case on a general basis, determining the procedure for making decisions in a case with the participation of the parties and under adversarial principle at the stage of assigning a case for consideration in court;

в) introduction of procedures, according to which:

decisions of inter-district, district (city) courts may be reviewed on appeal by regional and equivalent courts, and decisions of regional and equivalent courts, rendered as decisions of courts of first instance may be reviewed by judicial panels of Supreme Court of the Republic of Uzbekistan;

court decisions considered on appeal may be reviewed on the order of cassation by judicial panels of Supreme Court of the Republic of Uzbekistan;

decisions made on cases, that were considered on the order of cassation by judicial panels of Supreme Court of the Republic of Uzbekistan, may be repeatedly reviewed on the order of cassation at the objection of chairperson of Supreme Court, Prosecutor General of the Republic of Uzbekistan and their deputies;

public prosecutor's refusal to prosecute shall entail the termination of the criminal case on exonerative grounds;

reclaiming from the court and examination by the prosecutor of the case in which the verdict, decision, ruling or order of the court entered into legal force, only if there is a request from the parties in this case;

exclusion of the participation of the prosecutor on own initiative in the consideration of civil and economic cases in courts initiated by other persons, except for cases provided for by law.

3. Approve the proposal of Supreme Court, Commissioner for the Protection of the Rights and Legal Interests of Entrepreneurs under the President of the Republic of Uzbekistan, Ministry of Investments and Foreign Trade and Chamber of Commerce and Industry on the formation of a Judicial assembly in the structure of Supreme Court to consider investment disputes and competition cases (hereinafter - Judicial assembly).

Provide the Judicial assembly with the power to consider investment disputes arising between individuals or legal entities, who have made investments in the amount of at least the equivalent of twenty million US dollars (hereinafter - major investor), and government agencies, as well as competition cases.

Establish that:

at the request of major investors in investment disputes and parties to competition cases, cases of this category may be considered directly by the Judicial assembly in the capacity of a court of first instance;

other investment disputes, at the request of investors, may be considered by the courts of the Republic of Karakalpakstan, regions and city of Tashkent in the capacity of a courts of first instance.

4. Agree with the introduction into the structures of Supreme Court of the Republic of Uzbekistan, regional and equivalent courts of the following structural divisions (positions):

а) to the structure of Supreme Court of the Republic of Uzbekistan:

position of the chief of staff of Supreme Court of the Republic of Uzbekistan, accountable to Plenum of Supreme Court of the Republic of Uzbekistan, appointed and dismissed by Plenum of Supreme Court on the proposal of chairperson of Supreme Court, with the task of organizing and coordinating the activities of departments and units of Supreme Court;

Department for the Analysis of Legislation in the Field of Fair Justice;

Center for Cooperation with the Public;

б) press services in the structures of regional and equivalent courts.

5. Approve the proposals of Supreme Judicial Council, Supreme Court and Ministry of Finance of the Republic of Uzbekistan to abolish Center for study of problems of judicial practice of Higher school of judges.

It must be established that the 9 staff positions vacated as a result of the liquidation of the Center for the Study of Judicial Practice Problems at the Higher School of Judges under the Supreme Council of Judges of the Republic of Uzbekistan shall be directed to the formation of the Department for the Analysis of Legislation in the Field of Fair Justice being established within the structure of the Supreme Court.

6. With respect to the head of the apparatus of the Supreme Court of the Republic of Uzbekistan, the Director of the Department, and the heads of divisions, the remuneration and material incentive conditions established for Supreme Court judges shall apply; for other employees included in the managerial staff of the Supreme Court, the remuneration and material incentive conditions established for judges of regional courts shall apply.

At that, these conditions apply only to persons who previously worked in the position of a judge, and the time of work of these persons in these positions shall be accounted as judicial activity and taken into account when assigning a pension.

7. Cabinet of Ministers of the Republic of Uzbekistan, by December 1, 2020, is to submit proposals providing for the transfer of wages and additional payments to full funding from State budget, as well as an increase in the salary of judges of Constitutional Court, Supreme Judicial Council, Supreme Court of the Republic of Uzbekistan, lower courts, Higher school of judges and employees of their staff, employees of Department for ensuring the activities of courts under Supreme Court and its territorial divisions.

Supreme Court of the Republic of Uzbekistan, together with Ministry of Finance, are to ensure recalculation of pensions to persons who have been assigned a pension and continue to work as a judge, taking into account the new established conditions for remuneration of judges.

8. Cabinet of Ministers of the Republic of Uzbekistan, together with Supreme Court, are to, within two months:

submit proposals to Administration of the President of the Republic of Uzbekistan on a program for further expanding the use of information and communication technologies in the activities of courts;

approve a program for the construction and reconstruction of buildings and premises of courts in 2021 - 2025.

9. Approve:

the structure of Supreme Court of the Republic of Uzbekistan according to annex № 1;

the standard structure of courts of general jurisdiction of the Republic of Karakalpakstan, regions and city of Tashkent according to annex № 2;

the standard structure of administrative courts of the Republic of Karakalpakstan, regions and city of Tashkent according to annex № 3;

the structure of Military Court of the Republic of Uzbekistan and the organizational and staff structure of the system of military courts in accordance with annexes №№ 4-5;

the standard structures of interdistrict, district (city) courts according to annexes №№ 6 — 9;

zones of jurisdiction of interdistrict, district (city) civil courts and interdistrict, district (city) economic courts in accordance with annexes №№ 10-11.

In order to fully implement the principle of self-governance of judges, the procedure shall be established whereby the areas of activity of the Deputy Chairmen of the Supreme Court of the Republic of Uzbekistan — Chairmen of judicial panels — are approved by the Plenum of the Supreme Court based on the submission of the Chairman of the Supreme Court.

10. Establish that staffing of newly formed courts and divisions, as well as introduction of additional administrative staff units in the structure of the apparatus of Supreme Court of the Republic of Uzbekistan shall be carried out at the expense of staff units released as a result of optimization of the court system.

11. Supreme Court of the Republic of Uzbekistan, together with Supreme Judicial Council, are to develop and submit to Legislative Chamber of Oliy Majlis of the Republic of Uzbekistan for consideration a draft Law “On Courts” in a new edition, providing in it:

structure of courts, limits of authorities of district (city), inter-district, regional and equivalent courts, Supreme Court of the Republic of Uzbekistan, judicial panels, Presidium and Plenum of Supreme Court of the Republic of Uzbekistan;

requirements for candidates for a judge and judges;

procedure for the appointment (election) of judges, chairpersons and deputy chairpersons of courts;

strengthening the status and guarantees of the independence of judges;

disciplinary liability of judges, providing for the initiation of a disciplinary case against a judge only by the relevant qualification commission of judges, procedure for initiating and considering a disciplinary case;

grounds and procedure for the suspension and termination of the powers of a judge;

material support of judges and measures for their social protection.

12. Cabinet of Ministers of the Republic of Uzbekistan, Council of Ministers of the Republic of Karakalpakstan, khokimiyats of regions and city of Tashkent, together with Supreme Court of the Republic of Uzbekistan, are to, within two months, ensure the siting of newly created courts.

13. Supreme Court, together with Supreme Judicial Council, General Prosecutor's Office of the Republic of Uzbekistan and other ministries and departments concerned, are to, within two months, make proposals on changes and additions to the legislation arising from this Decree.

14. To make additions and changes to some decrees of the President of the Republic of Uzbekistan in accordance with annex № 12.

15. Control over the implementation of this Decree shall be entrusted to Prime Minister of the Republic of Uzbekistan, A.N. Aripov, and Head of the Presidential Administration of the Republic of Uzbekistan, Z.Sh. Nizomiddinov.

President of the Republic of Uzbekistan Sh. Mirziyoyev

Tashkent city,

July 24, 2020,

No. DP-6034

ANNEX № 1 to the Decree of the President of the Republic of Uzbekistan of July 24, 2020, No. DP-6034

STRUCTURE

of Supreme Court of the Republic of Uzbekistan

The total number of administrative personnel is 229, incl. 73 judges.

Note: the number of support staff is determined in accordance with established standards.

ANNEX № 2 to the Decree of the President of the Republic of Uzbekistan of July 24, 2020, No. DP-6034

STANDARD STRUCTURE

of courts of general jurisdiction of the Republic of Karakalpakstan, regions and city of TashkentТашкента

Total authorized number of administrative personnel is 962, incl. 387 judges.

Note: the number of support staff is determined in accordance with established standards.

ANNEX № 3 to the Decree of the President of the Republic of Uzbekistan of July 24, 2020, No. DP-6034

STANDARD STRUCTURE

of administrative courts of the Republic of Karakalpakstan, regions and city of Tashkent

Total authorized number of administrative personnel is 207, including 73 judges.

Note: the number of support staff is determined in accordance with established standards.

ANNEX № 4 to the Decree of the President of the Republic of Uzbekistan of July 24, 2020, No. DP-6034

STRUCTURE

of Military Court of the Republic of Uzbekistan

Total authorized number of administrative personnel is 19, including 7 judges.

Note: the number of support staff is determined in accordance with established standards.

ANNEX № 5 to the Decree of the President of the Republic of Uzbekistan of July 24, 2020, No. DP-6034

ORGANIZATIONAL AND STAFF STRUCTURE

of system of military courts of the Republic of Uzbekistan

Total authorized number of administrative personnel is 32, including in HQ — 17, in territorial military courts — 15, 12 of them are judges.

Note: the number of support staff is determined in accordance with established standards.

ANNEX № 6 to the Decree of the President of the Republic of Uzbekistan of July 24, 2020, No. DP-6034

STANDARD STRUCTURE

district (city) criminal courts

Total authorized number of administrative personnel is 3 — 16, including 1 — 7 judges.

Total authorized number of administrative personnel of district (city) criminal courts is 972, including 351 judges.

Note: the number of support staff is determined in accordance with established standards.

ANNEX № 7 to the Decree of the President of the Republic of Uzbekistan of July 24, 2020, No. DP-6034

STANDARD STRUCTURE

interdistrict, district (city) civil courts

Total authorized number of administrative personnel is 3 — 24, including 1 — 11 judges.

Total authorized number of staff of interdistrict, district (city) civil courts is 680, including 267 judges.

Note: the number of support staff is determined in accordance with established standards.

ANNEX № 8 to the Decree of the President of the Republic of Uzbekistan of July 24, 2020, No. DP-6034

STANDARD STRUCTURE

interdistrict administrative courts

Total authorized number of administrative personnel is 8 — 22, including 3 — 10 judges.

Total authorized number of staff of interdistrict administrative courts is 168, including 70 judges.

Note: the number of support staff is determined in accordance with established standards.

ANNEX № 9 to the Decree of the President of the Republic of Uzbekistan of July 24, 2020, No. DP-6034

STANDARD STRUCTURE

interdistrict, district (city) economic courts

Total authorized number of administrative personnel is 14 — 42, including 6 — 20 judges.

Total authorized number of staff of interdistrict economic courts is 324, including 148 judges.

Note: the number of support staff is determined in accordance with established standards.

ANNEX № 10 to the Decree of the President of the Republic of Uzbekistan of July 24, 2020, No. DP-6034

ZONES

jurisdiction of interdistrict, district (city) civil courts

Name of courtsDistricts and cities servedRepublic of KarakalpakstanAmudarya district courtAmudarya districtBeruniy interdistrict courtBeruniy districtTurtkul districtEllikkala districtKungrad interdistrict courtKanlykul districtKungradsky districtMuynak districtShumanai regionNukus interdistrict courtNukus cityNukus districtKhodjeyli districtTakhiatash districtChimbay interdistrict courtKarauzyak districtKegeyli districtTakhtakupyr districtChimbay districtBuzatov districtAndijan regionAndijan interdistrict courtAndijan cityAltynkul districtAndijan districtAsaka interdistrict courtAsaka districtMarkhamat districtBustan interdistrict courtBustan districtUlugnor districtShakhrikhan districtIzbaskan interdistrict courtBalykchy districtIzbaskan districtPakhtaabad districtKurgantepa interdistrict courtKhanabad cityKurgantepa districtKhojaabad interdistrict courtBulakbash districtJalakuduk districtKhojaabad districtBukhara regionBukhara interdistrict courtBukhara cityBukhara districtGijduvan interdistrict courtGijduvan districtShafirkan ditrictKagan interdistrict courtKagan cityKagan districtKaraulbazar districtKarakul interdistrict courtAlat districtKarakul districtPeshkun interdistrict courtVabkent districtPeshkun districtRomitan interdistrict courtJandar districtRomitan districtJizakh regionGallaaral interdistrict courtBakhmal districtGallaaral districtDustlik interdistrict courtDustlik districtMirzachul districtArnasay districtPakhtakor district courtPakhtakor districtJizzakh interdistrict courtJizzak citySharaf-Rashidov districtZafarabad districtZarbdor interdistrict courtZaamin districtZarbdor districtYangiabad districtFarish district courtFarish districtKashkadarya regionGuzar interdistrict courtDehkanabad districtGuzar districtKarshi interdistrict courtKarshi cityKarshi districtNishan districtKasan interdistrict courtKasan districtMubarek districtKasb interdistrict courtKasb districtMirishkor districtChirakchi interdistrict courtChirakchi district Kokdala districtShakhrisabz interdistrict courtShakhrisabz cityKitab districtShakhrisabz districtYakkabag interdistrict courtKamash districtYakkabag districtNavoi regionZarafshan interdistrict courtZarafshan cityTamdy districtKarmana interdistrict courtNavoi cityKarmana districtKyzyltepa districtKhatyrchi district courtKhatyrchi districtNavbakhor interdistrict courtKanimekh districtNavbakhor districtNurata districtUchkuduk district courtUchkuduk districtNamangan regionNamangan interdistrict courtNamangan cityMingbulak districtNamangan districtUchkurgan interdistrict courtNaryn districtUychin districtUchkurgan districtChust interdistrict courtPap districtTurakurgan districtChust districtYangikurgan interdistrict courtKasansay districtChartak districtYangikurgan districtSamarkand regionJambay interdistrict courtBulungur districtJambay districtIshtykhan interdistrict courtIshtykhan districtKoshrabad districtKattakurgan interdistrict courtKattakurgan cityKattakurgan rditrictNarpay districtPakhtachi districtSamarkand city courtSamarkand cityTailak interdistrict courtSamarkand districtTaylak districtUrgut district courtUrgut districtPayaryk interdistrict courtAkdarya districtPayaryk districtPastdargom district courtPastdargom districtNurabad district courtNurabad districtSurkhandarya regionBoysun district courtBoysun districtDenau interdistrict courtAltynsay districtDenau districtShurchi districtKumkurgan interdistrict courtJarkurgan districtKyzyryk districtKumkurgan districtBandikhani districtSaryasi interdistrict courtSaryasi districtUzun districtTermez interdistrict courtTermez cityTermez districtSherabad interdistrict courtAngora districtMuzrabad districtSherabad districtSyrdarya regionAkaltyn interdistrict courtAkaltyn districtSardoba districtBayaut interdistrict courtShirin cityBayaut districtKhavast districtGulistan interdistrict courtGulistan cityYangiyer cityGulistan districtMirzaabad districtSyrdarya interdistrict courtSaykhunabad districtSyrdarya districtTashkent regionAkhangaran interdistrict courtAlmalyk cityAngren cityAkhangaran cityAkhangaran districtBekabad interdistrict courtBekabad cityBekabad districtZangiata interdistrict courtZangiata districtTashkent districtYangiyul interdistrict courtYangiyul cityYangiyul districtKuyichirchik interdistrict courtAkkurgan districtKuyichirchik districtChinaz districtUrtachirchik interdistrict courtNurafshon cityBuka districtPskent districtUrtachirchik districtChirchik interdistrict courtChirchik cityBostanlyk districtKibray districtYukorichirchik interdistrict courtParkent districtYukorichirchik districtTashkent cityMirabad interdistrict courtBektemir districtMirabad districtYashnabad districtMirzo-Ulugbek interdistrict courtMirzo-Ulugbek districtYunusabad districtUchtepa interdistrict ourtUchtepa districtChilanzar districtShaykhantakhur interdistrict courtAlmazar districtShaykhantakhur districtYakkasaray interdistrict courtSergeli districtYangikhayet districtYakkasaray districtFergana regionKokand interdistrict courtKokand cityBuvaida districtDangara districtUchkuprik districtMargilan interdistrict courtMargilan cityYazyavan districtKushtepa districtTashlak districtRishtan interdistrict courtAltyaryk districtBaghdad districtRishtan districtSokh district courtSokh districtUzbekistan interdistrict courtBesharyk districtUzbekistan districtFurkat districtFergana interdistrict courtFergana cityKuvasay cityKuva districtFergana districtKhorezm regionBagat interdistrict courtKhiva cityBagat districtKhazarasp districtKhiva districtYangiarik districtTuprokkala districtUrgench interdistrict courtUrgench cityUrgench districtHankin districtYangibazar districtShavat interdistrict courtGurlensky districtKoshkupyr districtShavat district

ANNEX № 12 to the Decree of the President of the Republic of Uzbekistan of July 24, 2020, No. DP-6034

Additions and changes to some decrees of the President of the Republic of Uzbekistan

1. In the columns “District (city) name” and “Names of districts, cities” of annex № 7 in Uzbek to the Decree of the President of the Republic of Uzbekistan of February 20, 2004, УП-3400 “On the liquidation and transformation of some courts of general jurisdiction”:

after the word Nukus add the word Takhiatosh;

after the word Turtkul add the word Buzatov;

replace the word Boz with the word Boston;

after the words Angor district add the word Bandikhon;

after the word Kushkupyr add the word Тuproqqala.

2. In the Decree of the President of the Republic of Uzbekistan of 4 October, 2013, № УП-4570 “On measures to improve and increase the efficiency of the activities of district and city courts”:

а) amend clause 1 to read as follows:

“1. Establish 12 additional interdistrict (district) civil courts in accordance with annex 1”;

б) invalidate annex 2.

3. In the Decree of the President of the Republic of Uzbekistan of 21 February, 2017, № УП-4966 “On measures to radically improve the structure and increase the efficiency of the judicial system of the Republic of Uzbekistan”:

а) amend clause 9 to read as follows:

“9. To staff the newly created courts, allocate additional 560 staff units of administrative personnel, including 318 judges, financed from the State budget of the Republic of Uzbekistan.

Establish the maximum staff size of administrative personnel:

Supreme Court of the Republic of Uzbekistan - 200, of which 73 are judges;

courts of general jurisdiction of the Republic of Karakalpakstan, regions and city of Tashkent - 837, of which 344 are judges;

administrative courts of the Republic of Karakalpakstan, regions and city of Tashkent - 216, of which 73 are judges;

inter-district, district (city) civil courts - 680, of which 267 are judges;

interdistrict administrative courts - 168, of which 70 are judges;

district (city) criminal courts - 970, of which 351 are judges;

Military Court of the Republic of Uzbekistan, territorial military courts - 32, of which 12 are judges;

interdistrict, district (city) economic courts - 395, of which 141 judges”;

б) amend clause 12 to read as follows:

“12. Approve:

structure, staffing table of Supreme Judicial Council of the Republic of Uzbekistan, as well as grades of remuneration of members and employees of the executive office of Supreme Judicial Council of the Republic of Uzbekistan according to the Unified Rate Schedule in accordance with annexes 1 - 3;

structure of the central apparatus of Department for ensuring the activities of courts under Supreme Court of the Republic of Uzbekistan, standard structure of its territorial divisions in accordance with annexes 5-6”;

в) invalidate annexes 4, 7 — 17.

Note: these additions and changes shall enter into force on January 1, 2021.