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COMPARATIVE ANALYSIS OF LAW ENFORCEMENT PRACTICE IN THE REPUBLICS OF UZBEKISTAN AND TURKEY (IN THE JUDICIAL SYSTEM)
Shohista Khudayberdieva
National Center for Human Rights of the Republic of Uzbekistan base doctoral student
In the article, the author emphasizes that the organization of the judicial system and the administration of justice is a complex and multifaceted process, and in addressing related issues should be approached on the basis of their experience and characteristics of national statehood. In this regard, although the judicial systems of the Republic of Uzbekistan and the Republic of Turkey have similarities and differences, they also have common features. In particular, the administration of justice in the Republics of Uzbekistan and Turkey is based on the principle of independence of the judiciary.
Keywords: judiciary, human rights, independence of the judiciary, justice, Constitutional Court, Council of State, Supreme Court, Court of Appeal.
The independence of the judiciary and access to justice is an important and pressing issue in an increasingly globalized world. The organization and administration of justice in every country is an important guarantee of human rights and freedoms. The judicial system can be similar and different depending on which legal family the states belong to. However, it operates on the basis of universally recognized principles and norms of international law relating to the judicial process and the administration of justice. The member states of the United Nations, including the Republics of Turkey and Uzbekistan, must adhere to these principles and norms in the exercise of judicial power. In particular, the rights and freedoms of man and citizen, their equality before the law in the United Nations "Basic Principles of Independence of the Judiciary", "Procedures for the effective implementation of the basic principles of judicial independence", "International Covenant on Civil and Political Rights" and other international instruments , the presumption of innocence, the norms on the right to a fair and open trial by a competent, independent and impartial court established by law.
It should be noted that in all countries, including the Republic of Uzbekistan and the Republic of Turkey, the judiciary plays an important role in the system of law enforcement agencies.
ABSTRACT
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This is reflected in the judgments or decisions made by the courts in civil, criminal, administrative, economic, military, family, labor, consumer rights and other cases.
The organization of the judicial system and the administration of justice is a complex and multifaceted process, and the approach to solving it is based on the experience and characteristics of its national statehood. In this regard, although the judicial systems of the Republic of Uzbekistan and the Republic of Turkey have similarities and differences, they also have common features. In particular, the administration of justice in the Republics of Uzbekistan and Turkey is based on the principle of independence of the judiciary. These are as follows:
S First of all, the independence of the judiciary is guaranteed by the state, which is enshrined in the Constitution and special laws. Observance of the rules on respect for the independence of the judiciary is mandatory for all state organizations, institutions and citizens;
S The judiciary resolves issues directly, impartially, on the basis of evidence, in accordance with the law, without any restrictions, illegal influences, incentives, pressure, threats or interference;
S The judiciary has the appropriate powers in all matters of justice and makes appropriate decisions based on the study and discussion of the case submitted to the court on the basis of the legislation;
S Unjustified interference in the judicial process is not allowed. There is also a strict procedure for reviewing court decisions;
S Adherence to the principle of independence of the judiciary guarantees a fair trial, protection of the rights and legitimate interests of the parties.
In the Republics of Uzbekistan and Turkey, the judiciary is the only public authority authorized to administer justice. Therefore, the system of their judiciary, the basic and basic rules of their organization and implementation are reflected in the constitutions. In particular, the Constitution of the Republic of Uzbekistan stipulates that the judiciary operates independently of the legislature and the executive, political parties and other public associations. the documents are binding on all state bodies, public associations, enterprises, institutions, organizations, officials and citizens, and the accused is guaranteed the right to defense.
The Constitution of the Republic of Turkey stipulates the independence of judges, the inadmissibility of dismissal of judges and prosecutors before the expiration of their term of office (except for voluntary resignation), the judicial system, the term of office of judges, the accountability of supreme judicial bodies to parliament and their rulings. Inadequacy, security of judges is guaranteed by the Constitution, qualifications of
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judges and prosecutors, appointment, rights and obligations, salaries and pensions, promotion, maximum age of a judge, suspension of execution of documents issued by judicial authorities when declaring martial law, rules related to the transparency of the trial, the principle of language, the presumption of innocence, etc. have also been strengthened.
The similarities and differences of the judicial system in the Republics of Uzbekistan and Turkey are:
- The judicial system of the Republic of Uzbekistan belongs to the Romano-Germanic legal system, and each written word in the normative legal acts is used correctly in its place and meaning. In the Republic of Turkey, as it belongs to the Anglo-Saxon legal system, the subjective side of the issue comes first in court proceedings, that purpose and motive are crucial. This is a common feature of case law, and the court plays a crucial role in the exercise of the right.
- Judicial system in the Republic of Uzbekistan: Constitutional Court of the Republic of Uzbekistan, Supreme Court of the Republic of Uzbekistan, military courts, civil and criminal courts of the Republic of Karakalpakstan, regional and Tashkent city courts on civil and criminal cases, economic and administrative courts of the Republic of Karakalpakstan, regions and Tashkent city , inter-district, district, city courts on civil cases, district, city courts on criminal cases, inter-district, district, city economic courts and district, city administrative courts. For comparison, we note that Turkey's judicial system, like that of other countries, involves a complex multi-tiered structure of courts. Criteria such as the type of litigation, i.e. the order of consideration of cases in a particular area, are taken to analyze this system into components. There are seven types of courts in Turkey: constitutional, civil and criminal, administrative, military, militaryadministrative and dispute courts. In general, the courts of the Republic of Turkey in the field of law are divided into five major groups: Supreme Courts, Courts of Administrative Jurisdiction, Criminal Courts, Military Courts and General Courts. The judicial system and activities of the Republic of Turkey differ significantly from the Republic of Uzbekistan. In particular, the Turkish Criminal Courts themselves are divided into several types. These are the courts of first instance in criminal cases, the courts of severe punishment, the courts established and operating under special laws, and the criminal courts. Each province and district has at least one criminal court of first instance. They are convicted of cases that do not fall within the jurisdiction of the courts of severe punishment and crimes specified in the general and special criminal laws. In Uzbekistan, there are regional, district, and city courts for civil and administrative, criminal, and economic cases, and those who are dissatisfied with the proceedings in these courts can appeal to higher courts.
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The highest court is the Supreme Court. In Turkey, the Supreme Courts include the Constitutional Court, the Council of State, the Court of Appeal and the Supreme Court.
- The main task of the Constitutional Court is to monitor the constitutionality of documents issued by the legislature and to make decisions on individual applications.
- The State Council is the highest administrative judicial body in Turkey, which reviews cases related to illegal actions of the executive branch and makes appropriate decisions. Its decision is binding on the executive branch.
- The Court of Appeal is elected by the Constitutional Court, the Supreme Court and the State Council for a term of 4 years. Disputes between administrative cases are reviewed by the courts and an appropriate decision is made.
- The Supreme Court - the economic, civil, family, consumer protection, labor, criminal, cadastral courts make decisions on appeals against decisions and judgments.
Summing up the above, it should be noted that the judicial authorities of Uzbekistan and the Republic of Turkey have common, similar and specific features in the implementation of the law by that making recommendations is one of the urgent tasks facing the Uzbek-Turkish legal science.
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