On measures to ensure the true independence of judges and increase the efficiency of preventing corruption in the judicial system (DP-6127-son)

07.12.2020

Decree

of the President of the Republic of Uzbekistan

Consistent efforts are being implemented in the country to ensure the true independence of judges, improve the system of selection, training and appointment of qualified personnel to the positions of judges, as well as increase citizens' trust in fair justice.

At the same time, modern information and communication technologies have not been introduced into the selection and appointment of suitable cadres with the necessary knowledge and life experience in the judicial system, as well as objective assessement of the activities of the judges, which leads to insufficient transparency of the activities in the field.

Additionally, it is required to carry out deep study and analysis of the causes and conditions that give rise to corruption, as well as effectively establish a system for combating and preventing corruption in the judiciary.

In order to staff the judicial system with integral and conscientious personnel, ensure openness and transparency in the activities of the judiciary, further increase the confidence of citizens and business entities in the judiciary, as well as implement the State anti-corruption program for 2019-2020, approved by the Decree of the President of the Republic of Uzbekistan of May 27, 2019, № DP-5729:

1. Establish as the main areas of state policy to ensure the independence of judges and prevent corruption in the judicial system:

creation of legal mechanisms to ensure effective protection of the professional activities of judges in the administration of justice from any form of external influence;

ensuring objectivity and transparency in the selection, training and appointment of judges, as well as in assessing the activities of judges, consistently implementing modern information technologies in these processes;

organization of a system aimed at preventing and early detection of manifestations of corruption among judges and employees of the court apparatus, an uncompromising assessment of each identified fact of corruption in the judicial system;

formation of a highly professional judiciary by implementing a set of measures to improve professional qualifications, spiritual dimension and responsibility of judges.

2. Agree with the proposals of Supreme Judicial Council (hereinafter — Council) and Supreme Court, providing for:

а) starting from February 1, 2021, regarding prevention of corruption in the judicial system, ensuring openness and transparency of the activities of Council and the judicial system:

organization of online coverage through the Internet (website) of examination processes for selection of candidates for their first-time appointment to positions of judges;

development and implementation of an electronic program to assist in assessing the suitability of professions of candidates for judgeship and assessing judges based on their psychological profile;

development and practical implementation of specific criteria ensuring open and transparent assessment of the efficiency of the activities of judges through an electronic rating;

б) starting from January 1, 2021, formation of qualified panels of the formed courts of general jurisdiction of the Republic of Karakalpakstan, regions and city of Tashkent.

3. In order to prevent any interference in the activities of judges related to the administration of justice, when deciding on legal responsibility, establish a procedure according to which, starting from 2021:

petitions on the facts of violation of the immunity of judges and interference in their activities in the administration of justice, filed by the chairperson of Council, shall be considered by the prosecutor's office within a month, and General Prosecutor's Office of the Republic of Uzbekistan shall send to Council a notification on the initiation or refusal to initiate a criminal case;

summoning judges to law enforcement agencies for interrogation as a witness or a suspect shall be allowed only with the consent of the relevant qualification commission;

At the end of each year, chairperson of Council shall submit to President of the Republic of Uzbekistan information on the factors hindering the independence of the judiciary, immunity of judges and administration of justice, as well as on state of anti-corruption activities in the judicial system.

4. Approve the Council's proposals to systematically eradicate the factors leading to corruption in the courts and improve the effectiveness of combating corruption, providing for:

introduction of the permanent post of deputy chairperson of Council, appointed and dismissed by President of the Republic of Uzbekistan;

creation of Judicial inspection to ensure the immunity of judges and prevent corruption on the basis of the Judicial inspection to ensure the immunity of judges;

abolition of the sector for professional training of judges;

creation of a press service and the first department on the basis of the sector for the media relations, as well as information and analytical unit, unit for work with appeals, unit for the implementation of information and communication technologies and information security, financial-economic department, archive and chancery on the basis of the executive body;

entrusting Council with the task of determining, together with the qualification commissions of judges, specific measures to eliminate the shortcomings identified in the consolidated analysis of complaints received by Council;

incentivizing activities of judges in the administration of justice, establishment of “Exemplary Judge” award and the badge "Veteran of the Court" for judges who have carried out efficient activities in the administration of justice for many years and retired;

creation of the Club of Judges (hereinafter — Club) under Council, carrying out activities on a voluntary basis and endowed with the right to provide advice of a recommendatory nature on the correct application of the current norms of substantive and procedural rights, as well as clarifications at the request of judges on the application of ethics rules in certain situations.

Establish that the Club shall carry out its activities on the basis of Regulation approved by Council, composition of its permanent responsible members shall be formed from among acting and honorary judges with substantial experience, have deep knowledge and are highly respected.

5. Council (Kh.B. Yodgorov) within a month:

together with Association of Judges (U.K. Mingboev) and Supreme Court (K.F. Kamilov) shall take measures to organize the activities of Club;

shall approve Regulation on the procedure for awarding “Exemplary Judge” award and “Veteran of the Court” badge.

6. In connection with the introduction of the permanent position of deputy chairperson of Council, abolish the position of deputy director of Higher School of Judges for scientific and information-analytical work.

7. Establish Examination commission under Council to consider appeals of candidates for the position of a judge who disagree with the results of entrance and final exams at Higher School of Judges, operating on a voluntary basis and being an organ of the judicial community, as well as establish a procedure for appealing to Council on the decisions of this commission.

8. Approve:

Action plan of measures to further strengthen the independence of the judiciary, ensure the immunity of judges and prevent corruption in the judiciary system in accordance with annex 1;

new structure of Supreme Judicial Council according to annex 2.

Establish that the formation of new structures and positions formed in Council shall be carried out at the expense of 4 staff positions released as a result of optimization of the structure of Council.

9. Council (Kh.B.Yodgorov), together with Supreme Court (K.F. Kamilov) and Association of Judges (U.K. Mingboev), within a month, are to approve the Program of comprehensive measures to clarify the essence and content of this Decree, establish cooperation to prevent corruption in the system of the judiciary, as well as develop intolerance to corruption among judges and court staff.

10. Council, together with the ministries and departments concerned, within two months, is to submit to Administration of the President of the Republic of Uzbekistan proposals on amendments and additions to the legislation arising from this Decree.

11. Control over the implementation of this Decree shall be entrusted to Head of Presidential Administration of the Republic of Uzbekistan, Z.Sh. Nizomiddinov, and Adviser to the President of the Republic of Uzbekistan, R.R. Inoyatov.

President of the Republic of Uzbekistan Sh. MIRZIYOYEV

Tashkent city,

December 7, 2020,

No. DP-6127

ANNEX No. 1 to the Decree of the President of the Republic of Uzbekistan on December 7, 2020, No. DP-6127

ACTION PLAN

to further strengthen the independence of the judiciary, ensure the immunity of judges and prevent corruption in the judicial system

No. Action Implementation arrangement Deadline Responsible parties I. Ensuring the immunity of judges and preventing corruption in the judicial system 1. Ensuring the immunity of judges and increasing the effectiveness of combating corruption in the judicial system. 1. Determination of specific measures to ensure the immunity of judges, prevent any interference with the administration of justice. January 2021 Supreme Judicial Council, Supreme Court 2. Elimination of systemic causes and conditions of corruption, as well as development and approval of a program aimed at increasing the efficiency of anti-corruption measures in the judicial system in 2021. February 2021 Supreme Judicial Council 3. Organization of online training to improve the professional qualifications, spiritual dimension and responsibility of judges and court employees, as well as formation of uncompromised attitude towards all manifestations of corruption in the judicial system. During 2021 based on a separate plan Supreme Judicial Council 4. Analysis of all cases of corruption in the system with the adoption of measures to eradicate them. Constantly Higher Qualification Commission, Supreme Judicial Council 5. Establishing cooperation between law enforcement agencies and civil society institutions to identify and eradicate corruption factors. Constantly Qualification Commission of Judges, Supreme Judicial Council 6. Regularly informing the general public through the media about the reforms carried out to identify and eradicate corruption in the judicial sphere. During 2021 based on a separate plan Higher Qualification Commission, Supreme Judicial Council 7. Preparation and publication of the book “Spirituality, Ethics and Responsibility of a Judge” March 2021 Supreme Judicial Council II. Transformation of qualification commissions 2. Transformation of the composition of the qualification commissions of judges. 1. Development and submission to Administration of the President of the Republic of Uzbekistan of a draft law “On amendments and additions to the Law “On approval of regulation “On Qualification Commission of Judges”. By December 20, 2020 Supreme Judicial Council 2. Submission, in accordance with the established procedure, to Administration of the President of the Republic of Uzbekistan of a draft law “On amendments and additions to the Law “On approval of regulation “On Qualification Commission of Judges”. By December 25, 2020 Supreme Judicial Council 3. Election of members of qualification commissions at conferences of judges of the respective courts. By January 10, 2021 Courts of general jurisdiction of the Republic of Karakalpakstan, regions and city of Tashkent, Supreme Judicial Council 4. Resumption of activities ofqualification commissions of the courts of the Republic of Karakalpakstan, regions and city of Tashkent in a new composition. January 15, 2021 Qualification commissions of regional and equivalent courts III. Ensuring transparency and openness of selection of judges 3. Ensuring transparency and openness of selection and presentation of candidates appointed for the first time to judgeship. 1. Broad introduction of modern information technologies in the activities of Council. During 2021 Supreme Judicial Council 2. Creation of option to choos questions asked during interviews for newly appointed judges, appointed for a new term or for other judicial positions in an automated mode, as well as observing the process of the interviews by other candidates through monitoring. January 2021 Supreme Judicial Council 3. Online coverage of selection and presentation of newly appointed judges on Council website. January 2021 Supreme Judicial Council 4. Creation of Examination commission operating on a voluntary basis under Council to consider appeals of candidates positions of judges who disagree with the results of entrance and final exams at the Higher School of Judges. Development and approval of regulation on Examination commission. March 2021 Supreme Judicial Council IV. Improving the criteria for assessing the activities of judges 5. Implementation of a system of psychological testing to help assess the suitability of the profession of candidates for positions of judges and assess judges. 1. Development and adoption of regulation on the implementation of a system of psychological testing that will facilitate the assessment of the suitability of the profession of candidates for the positions of judges and assessment of judges. January-February 2021 Supreme Judicial Council, Association of Psychologists of Uzbekistan 2. Creation of an electronic program Psychological test. March 2021 Supreme Judicial Council, Ministry for the Development of Information Technologies and Communications 3. Implementation of the electronic program. March-April 2021 6. Introduction of an electronic procedure for evaluating the efficiency of judges. 1. Development and approval of regulation on the criteria for assessing the efficiency of the activities of judges. February 2021 Supreme Judicial Council, Higher Qualification Commission 2. Development of an electronic rating program for assessing the performance of judges. February-March 2021 Supreme Judicial Council, Ministry for the Development of Information Technologies and Communications, Qualification Commission of Judges 3. Familiarization of judges with the criteria for assessing the performance of judges, as well as conducting seminars on the activities to be carried out to achieve positive results in the rating. April 2021 Supreme Judicial Council, Supreme Court, Qualification Commission of Judges 4. Test run of a rating system for assessment of the activities of judges through an electronic program and ensuring free access of all members of the judicial community to this information. April-May 2021 Supreme Judicial Council, Supreme Court, Qualification Commission of Judges 5. Implementation of an electronic program for the activities of judges. From July 1, 2021 Supreme Judicial Council V. Social support and incentives for judges and court veterans 7. Creation of a club of judges operating on a voluntary basis under Supreme Council. 1. Development and approval of regulations on the Club of judges. January 2021 Supreme Judicial Council Association of judges 2. Formation of the composition of the responsible members of the Club of judges. February 2021 Supreme Judicial Council, Supreme Court, Association of Judges 3. Creation of an electronic platform for the activities of the Club of judges. Constantly Judges club 4. Establishing the provision for recommendations on the correct application of substantive and procedural rights in judicial practice, as well as clarifications to requests from judges on the application of ethics rules in certain situations. Constantly Judges club 8. Organization of incentives for judges and honorary judges. 1. Development and approval of regulations on: awarding the badge Veteran of the court to judges who have carried out efficient work in the administration of justice, retired and continue their activities on retirement; December 2020 Supreme Judicial Council Higher Qualification Commission, Department of Courts Support Exemplary judge award to judges who carry out efficient work in the administration of justice as of end of year. January-February 2021 Supreme Judicial Council Higher Qualification Commission, Department of Courts Support 2. Development of the Veteran of the court badge and Exemplary judge award. Constantly Supreme Judicial Council Supreme Qualification Commission, Department of Courts Support 3. Organization of regular media and television coverage of the life and work of honorary and exemplary judges. Constantly Supreme Judicial Council Higher qualification commission VI. Improvement of the legislation on the appointment of judges 9. Introduction of amendments and additions to legislative acts arising from the Decree. Development and submission to the Administration of the President of the Republic of Uzbekistan of a draft document on amendments and additions to legislative acts. By January 15, 2021 Supreme Council of Judges, Supreme Court

ANNEX No. 2 to the Decree of the President of the Republic of Uzbekistan on December 7, 2020, No. DP-6127

STRUCTURE

of Supreme Judicial Council of the Republic of Uzbekistan

Chair of Council Deputy Chair Judiciary inspection for immunity of judges and combatting corruption 7 Сhancellery 1 Council Secretary 1 Council meeting (Council members — 21, including 7 voluntary) 7 Leading inspector for appeals 1 Sector for formation of judiciary 4 Examination commission Leading inspector for introduction of ICT and information security 1 Leading inspector for information and analytical work 2 Press secretary 1 Higher school of judges First department 1 Financial-economic department 6 Archive 1

Total: 28 staff members, including 8 in executive apparatus,

And 6 in financial-economic department.