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20SCIENTIFIC PROGRESS VOLUME 3 I ISSUE 3 I 2022 _ISSN: 2181-1601
JUDICIAL INSTANCES AND TYPES IN THE DEVELOPING JUDICIAL
SYSTEM OF UZBEKISTAN
Farzona Khayrulla qizi Kayumova
Tashkent State Law University, Faculty of Criminal Justice, first-year student
ABSTRACT
This article describes the activities of the judicial system in the Republic of Uzbekistan, the expected changes in it, the concept of judicial instances, types and activities of judicial instances, powers, structure, related legislation, as well as shortcomings and their suggestions and recommendations were considered.
Keywords: court instance, first instance, judge, appeal, cassation, protest, recassation, International Court of Justice, Constitution.
The Constitution of the Republic of Uzbekistan plays an important role in the development of our country, the development of our society and the protection of human rights and freedoms. It plays a special role in ensuring the human rights and freedoms enshrined in the Constitution, in ensuring the rule of law in society and the true independence of the judiciary. It should be noted that one of the main reasons for the constitutional guarantee of independent and law-abiding proceedings is the right of the judiciary to administer justice. We must always remember that the role of justice has always been high in the life of our country, in ensuring the full protection of the rights and freedoms of our citizens. Justice in the life of a society, the legal culture and legal status of its members
It is well known that it plays an important role in raising awareness and educating people in the spirit of respect for the law. It should be noted that the provision of justice depends primarily on the composition and number of instances.
First of all, as a proof of opinion, it is necessary to dwell on the meaning of the court of first instance.
Judicial instance - a court or its subdivision (appellate, cassation) performs a strictly defined function related to the consideration or resolution of court cases (consideration of the merits of the case or verification of its legality and validity in one form or another) increases. The concept of judicial instance describes a specific type of judicial activity. First of all, it is necessary to distinguish the concept of a judicial unit from the concept of a judicial instance: a judicial unit is a concept of judicial power, which describes the position of a particular court in the judicial system; Judicial instance - the concept of litigation, which describes a particular type of judicial activity, the powers granted directly to the court.7
In general, the judiciary is based on democratic principles. If the case is heard in only one instance, it is natural that there will be a number of problems in ensuring justice. It is well known that if the conditions are not right for the establishment of justice, the people's trust in the judiciary and law enforcement will be eroded. The court of law sets out the basis and original purpose of the term "court". As I said, the real goal is, of course, justice and fairness. In particular, it is known that a number of measures have been taken to specialize the judiciary, appoint and retrain judges, further enhance their social and legal status, and now a number of plans are being developed for the new year. These are the cases of judges quality and speed, and therefore the number of court errors, the fact that the number of cases of violation of time limits is significantly reduced, proves that it is one of the most important signs of the administration of justice. The Decree of the President "On additional measures to further improve the work of the courts and increase the efficiency of justice" is an important legal step in strengthening public confidence in the courts, access to justice, as well as the adoption of legal decisions. became the basis. Enforcement of this Decree has been carried out in recent years, and the first step was the adoption of a new version of the Law of the Republic of Uzbekistan "On Courts" with amendments and additions. The decree pays special attention to the judicial department.
Judging by the structure of the "judicial instance", which is mentioned several times, the instance is divided into 4 stages:
The first instance - this is the trial in which the case is considered on the merits. But, unfortunately, many believe that the court of first instance will not decide anything. It is important to keep in mind that a court of first instance does not necessarily mean a lower court. It is the first time a case has been heard. For example, the Supreme Court of the Republic of Uzbekistan, which is the highest branch of the judiciary, can also be a court of first instance. It all depends on the importance of the job and how difficult it is. In the court of first instance, the parties to the dispute meet for the first time in the case, and the court decides on the merits of the case and makes its decision on the basis of the evidence and proofs presented by them. For example, if a criminal case is still pending, then a criminal case will be decided. Courts are divided into courts according to their functions (making decisions on the merits of the case, checking the legality and validity of these decisions). A number of foreign countries also have the principle of first instance. Based on the evidence of my opinion, let us take the example of the Russian Federation. In them, the court of first instance is the court that has the power to decide on the merits the issues that are fundamental to the case. Citizens can apply directly to this court, despite the fact that all types of cases are difficult. Decisions or judgments of these courts may be appealed to the court of cassation before they enter into force. will be. (Article 146 of the Code of Civil Procedure). RSFSR). In them, like us, any court, including higher courts, can act as a court of first instance.
Another example is the court of first instance in France (literally "Court of First Instance"), which is the lower court of first instance for general civil claims and includes the Police Court (tribunal de police) in criminal cases. .Because it has the original jurisdiction, both parties are given the opportunity to appeal court decisions to the French Court of Appeal or the Supreme Court. This court was formerly known as the Court of Peace (justice de paix) until the reorganization of the judiciary in 1958. Judicial proceedings are conducted on the basis of oral instructions and evidence, and unlike the higher courts, the presence of a lawyer is less important. . Interestingly, this trial only deals with personal property claims, with monetary claims not exceeding € 10,000.
It is known that from January 1, 2021 in our country, civil, criminal and economic courts at the regional level have been merged and a single court of general jurisdiction has been established. In accordance with the laws adopted on January 12, 2021 in connection with the termination of the supervisory instance, the Criminal Procedure Code of the Republic of Uzbekistan, the Code of Civil Procedure, the Code of Economic Procedure, the Code of Administrative Procedure and the Code of Administrative Liability Amendments and additions were made to the Code of Criminal Procedure to improve the institution of review of court decisions. In particular, on the basis of the principle of "one court - one instance" the decisions of inter-district, district (city) courts are reviewed by the courts of the regional level on appeal, and the decisions of the appellate courts are reviewed by the Supreme Court in cassation. The decisions of the Supreme Court, the Prosecutor General and their deputies were to be reconsidered in cassation.
The introduction of the procedure for appealing the decision of the court of first instance on the principle of "one court - one instance", the introduction of the procedure for appealing the decision of the Supreme Court of the Republic of Uzbekistan to the court of cassation, effective protection of human rights The abolition of the practice of considering appeals in the same court as a court of higher instance, as a result of which corruption factors in this process have been eliminated, the efficiency of the appellate institution has increased, and middle courts are mainly courts of appeal. Their responsibility will be strengthened, all attention will be paid to the quality of court decisions and the timely elimination of errors and omissions committed by the courts of first instance, while ensuring the timely protection of violated rights of citizens and legal entities. to restore and further improve the quality ofjustice, to allow the case to be heard on appeal in one or two months in the court of first instance, and in three to four months in the Supreme Court. - It should be noted that the advantages of this principle are that the court prevents the disturbance and allows to restore in a short time the violated rights of the victim, plaintiff and other parties to the case.
If a citizen is dissatisfied with the verdict or decision of the first court, he or she can appeal to the next court. It's like a second round of chess, when the sides are tied in a game of chess. It should be noted that the decision of the court of first instance does not take effect immediately, but after a certain period of time. Depending on the type of case, all lawsuits may be considered by special laws, and the number of appeals may be considered and subsequently filed. The type of reconsideration depends on whether the court decision has entered into force or not. Thus, an appellate procedure is a review of a court's decision that has not yet entered into force by a full retrial. To be more precise, I would like to give an example, a citizen A. Sodiqov had a problem with economic affairs and went to court. His case was heard in the inter-district economic court, but he was not satisfied with the judge's decision. He can appeal to the appellate court, in which case his case will be heard in the above court, which means that the regional or Tashkent city court will have to hear his case on appeal. There are appeals in the courts of other countries, and they are considered in the same order. In Belgium, for example, appellate courts (Dutch hof van beroep, French cour d'appel, German appellationsshof) are the main courts in the country's judicial system, hearing appeals from first instance tribunals, corporate courts and corporate courts. There are five separate appellate courts for each of the five jurisdictions, which have the largest geographical divisions for judicial proceedings in Belgium (as defined in Article 156 of the Belgian Constitution). It should be noted that appellate courts do not review appeals against labor court rulings, which are considered by labor courts.
Persons participating in the case, as well as persons who are not involved in the case, but whose rights and obligations have been decided by a court, shall appeal against the decision of the court of first instance and the decision of the court of appellate instance. The Prosecutor General of the Republic of Uzbekistan, the Prosecutor of the Republic of Karakalpakstan, the region and the city of Tashkent or their deputies have the right to file a cassation protest. Thus, cassation proceedings are the review of decisions (judgments) that have entered into force through a partial retrial.
If we give more information to this instance in the example of foreign countries, I would like to give information about the cassation, which is the last court in Greece. The Greek Civil and Criminal Court of Cassation (Greek denos nangos, Areopag, meaning "Ares Hill") is a tribunal of the Greek Supreme Court of Civil and Criminal Law. In Greece, the decisions of the Supreme Court are final, so the cassation instance is considered by the final court. However, since Greece is a member of the Council of Europe, cases filed by the Greek Supreme Court can be appealed to the European Court of Human Rights. If the appellate court finds that the appellate court violated the law or the procedural principles of the court, it may order a review by the court of first instance. The Court of Cassation consists of the President and the Attorney General, ten Vice-Presidents, sixty-five religious representatives, and seventeen Deputy Attorney
Generals. It can be seen that the principle of "one court-one instance" is not promoted in the Greek judicial system, and therefore, if the final instance is dissatisfied with the decision of the appellate court, it can send the case for reconsideration to the first instance.
It is known that the Decree of the President of the Republic of Uzbekistan "On additional measures to further improve the work of courts and increase the efficiency of justice" dated July 24, 2020 No PF-6034 from the beginning of 2021 to improve the judicial system and justice a number of important organizational and legal measures have been identified to increase the efficiency of the judiciary. This has solved many problems in the judicial system and structure, including the establishment of courts, the election of judges, and so on. In this way, the supervisory instance, which for several years was considered the last instance, was officially abolished and replaced by a recassation instance. At the same time, based on the principle of "one court - one instance", the decisions of inter-district, district (city) courts are reviewed by the courts of the regional level on appeal, and the decisions of the courts of appeal are reviewed by the Supreme Court in cassation, and the Supreme Court It should also be noted that the Chairman, the Prosecutor General and their deputies protested against the decision to reconsider the cassation procedure. Frankly, a court of cassation does not exist in the judicial system of many developed or developing countries. If citizens do not agree with the decision of the cassation instance, they can appeal directly to the International Court of Human Rights.
Based on the above analysis, we can conclude that: Firstly, I believe that the concept of the judiciary should be part of the courts in the life of any democratic state, and this will ensure fair access to justice in any state.
Secondly, we need to be convinced that the fact that the types of courts have four stages and focus on the principle of "one court - one instance" is a special achievement. This is because the fact that a case heard in the court of first instance is not heard in the appellate court in the presence of the panel of judges or members of the court opens the door to a fair and impartial trial.
REFERENCES
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https://www.dekamer.be/kvvcr/pdf sections/publications/constitution/GrondwetUK.pdf Uzbekistan www.scientificprogress.uz Page 806
SCIENTIFIC PROGRESS VOLUME 3 I ISSUE 3 I 2022 _ISSN: 2181-1601
6. https://lex.uz/docs/-5534923
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