Article 101. Entry into Force of This Law — On Courts (ZRU-703-son)
Article 101. Entry into Force of This Law
On Courts (ZRU-703-son) · Date: 28.07.2021 · In force
This Law shall enter into force from the date of its official publication.
President of the Republic of Uzbekistan Sh. MIRZIYOEV
Tashkent city.,
July 28, 2021 y.,
No. LRU-703
ANNEX No. 1 to the Law of the Republic of Uzbekistan “On Courts”
REGULATION
on the organization of the activities of military courts
Article 1. Military courts shall be part of the judicial system of the Republic of Uzbekistan and shall consist of the Military Court of the Republic of Uzbekistan and territorial military courts.
Decisions and sentences adopted by military courts shall be proclaimed in the name of the Republic of Uzbekistan.
Article 2. The Military Court of the Republic of Uzbekistan shall act as a regional court and consist of judges, including the chairperson, deputy chairperson of the court, as well as people's assessors.
Territorial military courts shall act as district courts and consist of judges, including the chairperson of the court, as well as people's assessors.
Article 3. The procedure of appointment and the status of judges of military courts shall be determined by the Law Republic of Uzbekistan “On Courts”.
Article 4. Military courts of the Republic of Uzbekistan shall consider:
1) cases of crimes committed by military personnel of the Ministry of Defense, the State Security Service, the State Security Service of the President of the Republic of Uzbekistan, the National Guard, the Ministry of Emergency Situations, the troops of the Ministry of Internal Affairs of the Republic of Uzbekistan and other military units created in accordance with the legislation, as well as those citizens liable for military service during their training sessions;
2) civil cases on claims by military personnel against the command of military units, formations and associations, military command and control bodies and complaints against actions (decisions) of military command and control bodies and military officials that violate the rights and freedoms of military personnel;
3) all civil and criminal cases in areas where, due to exceptional circumstances, courts do not operate;
4) cases concerning state secrets;
5) cases of administrative offenses referred by law to their competence.
The military courts of the Republic of Uzbekistan may also consider other cases in accordance with the law.
Cases of crimes committed by persons referred to in paragraph 1 of part one of this article, during the period of their military or equivalent service, but dismissed by the time the case is considered in court, shall be considered by military courts.
Cases of crimes and administrative offenses committed by the persons referred to in paragraph 1 of part one of this article, prior to their conscription or entry into military service, or service equivalent to it, shall be considered by criminal courts.
Article 5. The military court of the Republic of Uzbekistan shall have jurisdiction over:
cases of crimes committed by officers of generals, as well as other cases and complaints concerning these persons;
cases of crimes for which a sentence of life imprisonment may be imposed;
cases of crimes of persons with the military rank of colonel, captain of the 1st rank or persons holding the positions of brigade commander and persons equal to them in official position, as well as other cases and complaints relating to these persons.
Article 6. Territorial military courts shall have jurisdiction over cases of crimes of persons with military ranks up to lieutenant colonel, captain of the 2nd rank inclusive, as well as other cases and complaints relating to these persons.
Article 7. Consideration by military courts of cases in relation to civilians shall be allowed in cases where a group of persons is charged, and the case against one or more of them is within the jurisdiction of a military court, and it is impossible to separate it into separate proceedings in accordance with the law.
When accusing one person or a group of persons of committing several crimes, if the case with respect to one of crimes is within the jurisdiction of a military court, the case on crimes and in respect of all persons shall be considered by a military court.
Article 8. Together with criminal cases, military courts shall consider civil claims of military units, enterprises, institutions, organizations, public associations and citizens for compensation for material damage caused to them by crimes.
Article 9. The Military Court of the Republic of Uzbekistan shall:
consider cases within the scope of its powers as a court of first instance, appellate or cassation and revision instances;
supervise the judicial activities of territorial military courts;
check the organization of the work of military courts;
summarize judicial practice and judicial statistics of military courts, carry out their systematic analysis;
prepare reviews of judicial practice;
take measures advance training of judges of military courts;
implement measures aimed at strengthening the independence of judges.
The Chairperson of the Military Court of the Republic of Uzbekistan shall issue orders and instructions on the organization of the work of military courts.
Article 10. The Presidium of the Military Court of the Republic of Uzbekistan shall act in composition of the judges of this court.
Meetings of the presidium of the Military Court of the Republic of Uzbekistan shall be held as necessary, but not less than once a month and shall be competent in the presence of a majority of the members of the presidium.
Resolutions of the presidium of the Military Court of the Republic of Uzbekistan shall be adopted by a majority of votes of the members of the presidium who participated in the meeting, and signed by the chairperson of the court.
Article 11. The Presidium of the Military Court of the Republic of Uzbekistan shall:
consider the results of generalization of judicial practice and analysis of judicial statistics;
hear reports on the activities of the Judicial Collegium;
hear the reports of the chairpersons of the territorial military courts on the practice of applying the legislation;
The Presidium of the Military Court of the Republic of Uzbekistan may also exercise other powers in accordance with the law.
Article 12. Judicial Collegium of the Military Court of the Republic of Uzbekistan shall:
consider, within its powers, cases at first instance;
consider cases in appeal or cassation and in the order of revision;
study and generalize judicial practice;
analyze judicial statistics.
The Judicial Collegium of the Military Court of the Republic of Uzbekistan may also exercise other powers in accordance with the law.
Article 13. Chairperson of the Military Court of the Republic of Uzbekistan shall:
carry out organizational management of the court;
convene meetings of the presidium of the court and chair its meetings;
organize work to monitor the implementation of resolutions of the presidium of the court;
preside over court sessions;
assist in organizing the activities of lower courts;
organize work for advanced training of judges, employees of the court apparatus and people's assessors;
organize work on the generalization of judicial practice, the preparation of reviews of judicial practice and the maintenance of judicial statistics;
conduct a personal reception of individuals, representatives of legal entities and organize work on consideration of their appeals;
make submissions to the High Qualification Board of Judges on the decisions of the Qualification Board of Judges;
supervise the work of the court apparatus, conclude and terminate employment contracts with employees of the court apparatus.
The Chairperson of the Military Court of the Republic of Uzbekistan may exercise other powers in accordance with the law.
Article 14. Deputy Chairperson of the Military Court of the Republic of Uzbekistan shall:
organize the work of the Judicial Collegium;
preside at meetings of the Judicial Collegium;
submit to the Presidium of the Court reports on the activities of the Judicial Collegium;
conduct a personal reception of individuals and representatives of legal entities;
in the absence of the chairperson of the court, exercise their powers.
The Deputy Chairperson of the Military Court of the Republic of Uzbekistan may exercise other powers in accordance with the law.
In the absence of the deputy chairperson of the Military Court of the Republic of Uzbekistan, their powers may be assigned by the chairperson of this court to one of the judges.
Article 15. Chairman of the territorial military court shall:
preside over court sessions;
conduct a personal reception of individuals, representatives of legal entities and organize work on consideration of their appeals;
supervise the work of the court apparatus, conclude and terminate employment contracts with employees of the court apparatus.
The chairperson of the territorial military court may also exercise other powers in accordance with the law.
In the absence of the chairperson of the territorial military court, their powers shall be performed by one of the judges of the Military Court of the Republic of Uzbekistan.
Article 16. The structure, staffing of military courts, the list of staff positions shall be approved by the President of the Republic of Uzbekistan on the proposal of the Chairperson of the Supreme Court of the Republic of Uzbekistan.
Article 17. Judges of military courts shall bear disciplinary liability in accordance with the Law Republic of Uzbekistan “On Courts”.
Article 18. Employment and termination of employment contracts with employees of the apparatus of military courts shall be carried out in accordance with the Labor Code of the Republic of Uzbekistan by the chairperson of the corresponding military court.
Article 19. Logistical and technical support, financing, provision of transport, means of communication of military courts shall be carried out by the Department for ensuring the activities of courts under the Supreme Court of the Republic of Uzbekistan.
Article 20. The escort to military courts of detainees, those arrested, those held in custody in guardhouses, and their protection at the court session shall be carried out by military units or military commandant's offices of garrisons. Convoy to the place of consideration of the case and protection of the arrested, who are in other places of detention, in institutions for the execution of punishment, shall be carried out in the prescribed manner by parts of the guard troops, bodies of the Ministry of Internal Affairs of the Republic of Uzbekistan.
Article 21. Military courts shall have a seal with the image of the State Emblem of the Republic of Uzbekistan and their name.
ANNEX No. 2 to the Law of the Republic of Uzbekistan “On Courts”
REGULATION
on qualification classes of judges
Article 1. In accordance with the Law Republic of Uzbekistan “On Courts”, this Regulation shall determine the procedure for establishing and assigning qualification classes to judges of the Republic of Uzbekistan.
Article 2. Based on experience and length of service as a judge, judges shall be assigned the following qualification classes:
the highest qualification class;
first qualifying class;
second qualification class;
third qualification class;
fourth qualification class;
fifth qualifying class.
Article 3. Qualification classes shall be assigned to:
Judges of the Supreme Court of the Republic of Uzbekistan, judges of the Supreme Judicial Council of the Republic of Uzbekistan — the highest, first, second qualification classes;
Judges of the Court of the Republic of Karakalpakstan, regional courts and the Tashkent City Court, the Military Court of the Republic of Uzbekistan, the Administrative Court of the Republic of Karakalpakstan, administrative courts of the regions, the city of Tashkent — the first, second, third qualification classes;
Judges of inter-district, district, city courts, territorial military courts shall be assigned the third, fourth, fifth qualification classes.
Article 4. Assignment of the highest qualification class to the chairperson of the Supreme Court of the Republic of Uzbekistan shall be made by the President of the Republic of Uzbekistan.
The assignment of the highest qualification class to deputy chairpersons — chairpersons of the judicial collegiums of the Supreme Court, judges of the Supreme Court of the Republic of Uzbekistan, judges of the Supreme Judicial Council, shall be carried out by the President of the Republic of Uzbekistan on the proposal of the Chairperson of the Supreme Court and the Chairperson of the Supreme Judicial Council of the Republic of Uzbekistan, respectively, based on the conclusion of the High Qualification Board of Judges of the Courts Republic of Uzbekistan. Other qualification classes shall be assigned to judges by the High Qualification Board of Judges of the Courts of the Republic of Uzbekistan upon the conclusion of the relevant qualification boards of judges.
First-time elected or appointed judges shall be assigned qualification classes during the first three months of their work, taking into account special ranks and class ranks assigned at their previous place of work or service.
Persons elected in accordance with the established procedure or appointed by decisions of the President of the Republic of Uzbekistan from among judges, qualification classes shall be assigned by the High Qualification Board of Judges of the Courts of the Republic of Uzbekistan on the proposal of the heads of relevant state bodies and organizations.
Article 5. The terms of stay in each qualification class in the presence of a positive qualification attestation shall be established:
in the fifth qualification class — two years;
in the fourth qualifying class — three years;
in the third qualifying class — four years;
in the second qualifying class — five years.
The period of stay in the first qualifying class shall be not established.
Highly qualified judges, taking into account work experience, shall be allowed to be assigned a qualification class regardless of the one provided for their position, as well as without following the sequence, but not more than two qualification classes higher than the one they have.
Article 6. Deprivation of the qualification class of judges may be carried out for gross violations of the law in the administration of justice.
Deprivation of the qualification class and lowering of the qualification class shall be carried out by the official or body that assigned the qualification class.
Article 7. Judges with qualification classes shall be provided with additional payments to official salaries in the amounts determined by the legislation.
Article 8. The procedure for conducting qualification attestation of judges shall be determined by a regulation approved by law.
ANNEX No. 3 to the Law of the Republic of Uzbekistan “On Courts”
REGULATION
on class ranks of employees of the judiciary
Article 1. This Regulation shall establish the procedure for conferring special ranks — class ranks on employees of the court apparatus, the Constitutional Court of the Republic of Uzbekistan (hereinafter referred to as the Constitutional Court), the Supreme Judicial Council of the Republic Uzbekistan (hereinafter referred to as the Supreme Judicial Council), the Higher School of Judges under the Supreme Judicial Council (hereinafter referred to as the Higher School), the Department for Supporting the Activities of Courts under the Supreme Court of the Republic of Uzbekistan (hereinafter referred to as the Department) and its territorial divisions.
Article 2. Special ranks of employees of the apparatus of the courts, the Constitutional Court, the Supreme Judicial Council, the Higher School of Judges, the Department and its territorial departments shall consist of the following class ranks:
1st class State Counselor of Justice;
2nd class State Counselor of Justice;
3rd class State Counselor of Justice;
1st class Counselor of Justice;
2nd class Counselor of Justice;
3rd class Counselor of Justice;
1st class lawyer;
2nd class lawyer;
3rd class lawyer.
Article 3. Class ranks shall be assigned to employees with a higher legal or other higher education, in accordance with their position, qualifications and length of service, sequentially or taking into account special ranks, class ranks assigned to them at their previous place of work or service.
Article 4. Class ranks shall be assigned to:
1st class State Counselor of Justice — to the chairperson of the Supreme Judicial Council;
2nd class State Counselor of Justice — to the Director of the Higher School, Director of the Department;
3rd class State Counselor of Justice — Deputy Director of the Higher School, Head of the Office of the Supreme Court of the Republic of Uzbekistan;
1st class Counselor of Justice — the head of the secretariat of the Constitutional Court, the heads of departments of the Supreme Court of the Republic of Uzbekistan, the secretary of the Supreme Judicial Council, the head of the department, professor, associate professor of the department of the Higher School, deputy director of the Department;
2nd class Counselor of Justice — senior experts of the Constitutional Court, deputy heads of departments and heads of departments of the Supreme Court of the Republic of Uzbekistan, assistant to the chairperson of the Constitutional Court, adviser to the chairperson of the Supreme Court of the Republic of Uzbekistan, leading inspectors, head of the first department of the Supreme Judicial Council, heads of departments, teachers of the Higher School Department , heads of divisions and territorial divisions of the Department;
3rd class Counselor of Justice — to the experts of the Constitutional Court, the head of the secretariat of the Plenum and the Presidium of the Supreme Court of the Republic of Uzbekistan, the deputy heads of departments, the main and senior consultants of the Supreme Court of the Republic of Uzbekistan, the head of the archive and the head of the office of the Supreme Judicial Council, the legal adviser, the main and leading specialists of the Higher School, chief specialists, the chief inspector for personnel and the legal adviser of the Department;
1st class lawyer — to the heads of units, chief specialists, senior assistant judges of the Court of the Republic of Karakalpakstan, regional courts and the Tashkent City Court, the Military Court of the Republic of Uzbekistan, the Administrative Court of the Republic of Karakalpakstan, administrative courts of the regions, the city of Tashkent, the head of the office and the head of the archives of the Higher School;
2nd class lawyer — senior specialists, heads of offices of the Court of the Republic of Karakalpakstan, regional courts and the Tashkent City Court, the Military Court of the Republic of Uzbekistan, the Administrative Court of the Republic of Karakalpakstan, administrative courts of the regions, the city of Tashkent, secretaries of the qualification boards of judges, chief specialists of the territorial departments of the Department;
3rd class lawyer — assistant judges, heads of offices of inter-district, district, city courts, territorial military courts.
Article 5. The class ranks of the State Counselor of Justice of the 1st, 2nd and 3rd classes shall be assigned by the President of the Republic of Uzbekistan.
Class ranks of counselor of justice of the 1st, 2nd and 3rd classes, as well as lawyers of the 1st, 2nd and 3rd classes shall be assigned:
to the employees of the Supreme Judicial Council and the Higher School — by the chairperson of the Supreme Judicial Council;
to employees of the apparatus of the Constitutional Court — by the chairperson of the Constitutional Court;
to employees of the apparatus of the Supreme Court of the Republic of Uzbekistan and lower courts, the Department and its territorial divisions — by the chairperson of the Supreme Court of the Republic of Uzbekistan.
The Chairperson of the Constitutional Court, the Chairperson of the Supreme Court of the Republic of Uzbekistan, the Chairperson of the Supreme Judicial Council shall have the right to equate a position not provided for in Article 4 of this Regulation to a certain position existing in the staff list and assign a class rank up to and including 1st Class Counselor of Justice.
Article 6. Terms of stay in class ranks of the State Counselor of Justice of 1, 2, 3 classes shall not be established.
The terms of stay in each class rank in the presence of a positive attestation shall be four years for legal advisers of the 3rd, 2nd and 1st classes, and two and a half years for a lawyer of the 3rd, 2nd, 1st classes.
Article 7. In accordance with Article 5 of this Regulation, it shall be allowed to assign to employees of the courts, the Supreme Judicial Council, the Higher School, the Department and its territorial divisions a class rank up to the rank of 1st class State Counselor of Justice, inclusive, regardless of the one provided for by the position held, without observing the sequence and term of stay in rank.
Article 8. Employees who have transferred to work in the courts, the Supreme Judicial Council, the Higher School, the Department and its territorial departments from law enforcement agencies and other organizations shall be assigned class ranks taking into account the positions to which they are assigned, knowledge and work experience, as well as special ranks and class ranks assigned at the previous place of work or service.
Article 9. The Chairperson of the Constitutional Court, the Chairperson of the Supreme Court of the Republic of Uzbekistan, the Chairperson of the Supreme Judicial Council shall have the right to assign class ranks:
1) before the expiration of the established term of service in the previous class rank for special distinctions or for exemplary performance of duty;
2) without observing the sequence, but not more than two class ranks higher than the one in which the employee is promoted to the highest position;
3) one class rank lower than provided for by the position held, for the first time attested employees.
Article 10. Persons who do not have work experience shall be assigned a class rank no earlier than six months after their appointment to the position.
Article 11. Employees of the apparatus of the courts, the Constitutional Court, the Supreme Judicial Council, the Higher School, the Department and its territorial divisions, who have served the established period in one class rank, but have significant shortcomings in their official activities or behavior, shall not be subject to promotion of class rank.
Article 12. Employees who have been assigned class ranks shall be in them for life and can be deprived of them only upon termination of the employment contract for actions incompatible with work in the courts, the Supreme Judicial Council, the Higher School, the Department and its territorial divisions.
Article 13. For a gross violation of official duty or systematic improper performance of official duties, an employee may be demoted in a class rank, but not more than two class ranks below the one they have.
The deprivation or demotion of a class rank shall be carried out by the relevant officials who have the right to assign a class rank.
Article14. The procedure for attestation for the assignment of class ranks to employees of the court apparatus, the Constitutional Court, the Supreme Judicial Council, the Higher School, the Department and its territorial departments shall be determined by the Chairperson of the Constitutional Court, the Chairperson of the Supreme Court of the Republic of Uzbekistan, the Chairperson of the Supreme Judicial Council within their competence.
Article 15. Employees of the apparatus of the courts, the Constitutional Court, the Supreme Judicial Council, the Higher School, the Department and its territorial departments with class ranks shall be provided with additional payments to official salaries in the amounts established by legislation.
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Cite as: Article 101. Entry into Force of This Law On Courts (ZRU-703-son). neolex.uz/en/laws/law-5534928/101 (lex.uz/docs/6118937)
