In the Way of Im­prov­ing the Le­gal Sys­tem

The Diplomatic Insight - - Independence Day of Uzbekistan -

From the first days of In­de­pen­dence the Repub­lic of Uzbek­istan be­gan to cre­ate the nor­ma­tive-le­gal base that meets mod­ern re­quire­ments and gen­er­ally ac­cepted in­ter­na­tional prin­ci­ples. The trans­for­ma­tion and in­no­va­tion of the ju­di­cial-le­gal sphere has a spe­cial place in this process. The es­tab­lish­ment of the Re­search Cen­ter for de­moc­ra­ti­za­tion and lib­er­al­iza­tion of ju­di­cial leg­is­la­tion and en­sur­ing the in­de­pen­dence of the ju­di­ciary un­der the Supreme Court of Uzbek­istan, which pro­motes the rule of law in jus­tice ad­min­is­tra­tion and pre­vents from in­ter­fer­ence to court ac­tiv­i­ties, was an ev­i­dence of a se­ri­ous ap­proach to the cre­ation of fair and hu­mane le­gal sys­tem. An im­por­tant step in re­form­ing the ju­di­cial sphere was the adoption of the Law "On amend­ments and ad­di­tions to the Crim­i­nal Code, Crim­i­nal Pro­ce­dure Code and the Code on Ad­min­is­tra­tive Re­spon­si­bil­ity in con­nec­tion with the lib­er­al­iza­tion of crim­i­nal penal­ties" in 2001. A num­ber of changes re­lated to crime clas­si­fi­ca­tion, the lib­er­al­iza­tion of crim­i­nal pu­n­ish­ment rules, the in­crease in us­ing al­ter­na­tive non-cus­to­dial sen­tences, the in­tro­duc­tion of rec­on­cil­i­a­tion in­sti­tu­tion, and the elim­i­na­tion of pu­n­ish­ment by prop­erty con­fis­ca­tion was made in the leg­is­la­ture on the ba­sis of this law. Along with this, a num­ber of laws aimed at im­prov­ing the ac­tiv­i­ties of in­sti­tu­tions of le­gal prac­tice, no­taries, en­force­ment pro­ceed­ings, crim­i­nal pro­ce­dure law, and foren­sic fa­cil­i­ties have been adopted within the frame­work of the ju­di­cial re­forms in Uzbek­istan.One of the most im­por­tant steps in the lib­er­al­iza­tion of the crim­i­nal law was the elim­i­na­tion of cap­i­tal pu­n­ish­ment and the trans­fer the right to au­tho­rize de­ten­tion to courts (in­tro­duc­tion of "Habeas Cor­pus"). These steps once more con­firmed the steady progress of Uzbek­istan for­ward in build­ing a demo­cratic state. In ac­cor­dance with the law adopted on 11 July 2007 with re­spect to the abo­li­tion of the death penalty in Uzbek­istan, the death penalty was elim­i­nated from the penalty sys­tem un­der the Crim­i­nal Code of the Repub­lic of Uzbek­istan and the life im­pris­on­ment was in­tro­duced as a new form of pu­n­ish­ment. In ad­di­tion, the crim­i­nal law spec­i­fied the def­i­ni­tion of long-term im­pris­on­ment which says that in ac­cor­dance with hu­man­ist prin­ci­ples these penal­ties can­not be ap­plied to women, of­fend­ers un­der the age of eigh­teen and men over sixty. Pro­found changes in the crim­i­nal and law en­force­ment have their pos­i­tive ef­fect on the so­cial, po­lit­i­cal and crim­i­nal sit­u­a­tion in the coun­try. To­day, there are 166 pris­on­ers per 100,000 peo­ple in Uzbek­istan, which is sig­nif­i­cantly less than other coun­tries of the world. To com­pare, this fig­ure in theU.S. is 738, in Rus­sia - 611. Anum­ber of im­por­tant leg­isla­tive ini­tia­tives, also aimed at fur­ther re­form­ing the ju­di­cial sys­tem have been put for­ward by the Pres­i­dent of Uzbek­istan Is­lam Ka­ri­mov in his re­port "The Con­cept of fur­ther deep­en­ing demo­cratic re­forms and for­ma­tion of civil so­ci­ety in the coun­try," de­liv­ered in the joint ses­sion of theOliy Ma­jlis in Novem­ber 12, 2010. It, in par­tic­u­lar, stip­u­lates fol­low­ing: -The strength­en­ing of ju­di­cial con­trol in pre­lim­i­nary in­ves­ti­ga­tion and the ex­pan­sion of "Habeas Cor­pus" ap­pli­ca­tion in the crim­i­nal process. The pro­pos­als to trans­fer some pros­e­cu­to­rial pow­ers ( sus­pen­sion, ac­com­mo­da­tion in a med­i­cal fa­cil­ity) in the pre-trial stage of pro­ce­dural en­force­ment to courts were pre­pared. The mea­sures to en­sure the in­de­pen­dence, ob­jec­tiv­ity and im­par­tial­ity of the court, in­crease the ad­ver­sar­ial prin­ci­ple of crim­i­nal process, and re­lease the court from ir­rel­e­vant to it author­ity, such as crim­i­nal case ini­ti­a­tion, are also be­ing con­sid­ered; -The adoption of the Law "On op­er­a­tive-search ac­tiv­ity." The law should de­fine the prin­ci­ples, bases, forms and meth­ods of op­er­a­tional and in­ves­tiga­tive ac­tiv­i­ties, as well as the sys­tem of or­gans to im­ple­ment them. The law will en­hance the ef­fec­tive­ness of mea­sures in preven­tion and timely sup­pres­sion of crime in its early stage, raise the qual­ity of pre­lim­i­nary in­ves­ti­ga­tion, and fur­ther lib­er­al­ize the ac­tiv­ity of law en­force­ment agen­cies in this area; - The adoption of the Law "On in­ter­nal af­fairs or­gans", pro­vid­ing the le­gal sta­tus of the in­ter­nal af­fairs bod­ies and their em­ploy­ees. The law will de­fine the main tasks, func­tions, rights and re­spon­si­bil­i­ties of in­ter­nal af­fairs or­gans, as well as strength­en­ing so­cial pro­tec­tion of em­ploy­ees of these bod­ies; - The adoption of a law aimed at the in­tro­duc­tion of ad­di­tional mech­a­nisms of ju­di­cial pro­tec­tion of busi­nesses, in­clud­ing their re­la­tion­ship­with the gov­ern­ment; - The adoption of the Code of ad­min­is­tra­tive re­spon­si­bil­ity in the new ver­sion. The Code will come from the ten­dency to de­crim­i­nal­ize the crim­i­nal law. The trans­fer of some of­fences from crim­i­nal to ad­min­is­tra­tive ju­ris­dic­tion, as well as the mea­sures to im­prove and de­moc­ra­tize the pro­ce­dural mech­a­nisms of ad­min­is­tra­tive of­fenses in­ves­ti­ga­tion are also be­ing con­sid­ered. This doc­u­ment is in­tended to fur­ther the rule of law, re­li­able pro­tec­tion of cit­i­zens' rights in this area. The im­ple­men­ta­tion of The Con­cept goals will strengthen the guar­an­tees of ju­di­cial pro­tec­tion of the rights, free­doms and le­git­i­mate in­ter­ests of cit­i­zens. In gen­eral, the suc­cess­ful com­ple­tion of ju­di­cial re­form will be not only the re­sult, but also the key to de­moc­ra­ti­za­tion and lib­er­al­iza­tion of all spheres of pub­lic and gov­ern­ment sys­tem as well as be an­other bold step along the cho­sen path "from a strong state to a strong civil so­ci­ety."

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