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Uzbekistan dispatch: new laws come into force with a new year

by Derek Andrews
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Farzona Kayumova is a workers correspondent for JURIST in Uzbekistan and a regulation scholar at Tashkent State College of Regulation.

2023 was a yr of nice authorized and political change within the historical past of the Republic of Uzbekistan. Extra change is coming in 2024. The next legal guidelines will enter into power in Uzbekistan from January 1:

1. Regulation “On Amendments and Additions to the Financial Procedural Code of the Republic of Uzbekistan in reference to the advance of the process for checking the legality and reasonableness of courtroom selections” (Law of the Republic of Uzbekistan-No. 888).

Abstract of the regulation: This regulation introduces a brand new methodology for reviewing instances beforehand tried by regional courts and their equivalents as a part of the overall enchantment course of. It eliminates the process the place instances have been despatched again to first-instance courts for retrial by appellate and cassation courts. As a substitute, these increased courts at the moment are tasked with making remaining selections on instances. Moreover, a decide who has participated in a case on the review-instance courtroom is barred from involvement in the identical case on the first-instance, appellate, or cassation ranges, in addition to in any subsequent assessment processes in increased courts. The regulation additionally permits for appeals towards selections made by a cassation occasion courtroom, together with refusals to just accept a cassation criticism, returning the criticism, leaving it unheard, terminating proceedings, or different specified rulings.

2. Regulation “On amendments and additions to the Civil Process Code of the Republic of Uzbekistan in reference to the advance of the process for checking the legality, reasonableness and equity of courtroom selections” (Law of the Republic of Uzbekistan-No. 887).

Abstract of the regulation: This regulation introduces a section for reviewing instances in regional courts and their equivalents. It removes the method the place increased courts would ship annulled selections again to the decrease courts for re-evaluation. As a substitute, every courtroom is now accountable for issuing a remaining resolution on a case. The regulation additionally establishes the correct to file a non-public enchantment (protest) towards a courtroom’s resolution to refuse the annulment of a courtroom order. If a choice is annulled, the appliance is deemed to have been submitted on the date of the unique enchantment. Moreover, the choices of the appellate, cassation, and assessment courts turn into legally efficient instantly upon their issuance.

3. Regulation “On the State Funds of the Republic of Uzbekistan for 2024” (Law of the Republic of Uzbekistan-No.886).

Abstract of the regulation: This regulation regulates the formation and implementation of Uzbekistan’s consolidated funds for 2024. It permits for a rise within the specified quantities of grants for socially important nationwide and state packages, with out requiring amendments to the regulation. If, after six months, the forecasted revenues of Uzbekistan’s funds system are usually not met, and there’s no ample foundation to count on their achievement by the tip of the monetary yr, the next measures apply:

    1. The Chambers of the Oliy Majlis will cut back bills by 3% or extra of the overall bills of the republican funds.
    2. If the expense discount is lower than 3%, it is going to be carried out based mostly on a choice by the Cupboard of Ministers.

    The regulation units the utmost deficit of Uzbekistan’s consolidated funds for 2024 at 4 % of the Gross Home Product (GDP). In accordance with this regulation, the next taxes are totally allotted to the budgets of districts and cities:

    1. Property tax collected from people.
    2. Land tax collected from people.
    3. Private revenue tax paid by people, based mostly on their annual revenue declarations from property leases, in addition to by particular person entrepreneurs.
    4. Tax for the usage of water assets, excluding the tax paid by energy stations.
    5. Tax for the usage of land for building supplies.

    4.Regulation “On making adjustments to the Code of Administrative Accountability of the Republic of Uzbekistan in reference to the advance of the establishment for checking the legality, reasonableness and equity of courtroom selections” (Law of the Republic of Uzbekistan-No.884).

    Abstract of the regulation: The regulation now features a assessment authority within the means of adjudicating courtroom selections on administrative instances. It establishes that instances initially tried by district and metropolis courts are topic to assessment in regional courts or their equivalents by enchantment or cassation procedures. Equally, instances dealt with by regional courts or their equivalents will be reviewed within the trial panel of the Supreme Court docket on prison instances, following the identical enchantment or cassation procedures. Moreover, the time-frame for submitting an enchantment towards a choice on an administrative offense has been diminished from 20 days to 10 days. The appellate courtroom is required to contemplate the enchantment inside 15 days of receiving all related supplies. Appeals towards selections concerning administrative detention or deportation have to be reviewed inside 1 day.

    5️.Regulation “On Amendments and Additions to the Prison Process Code of the Republic of Uzbekistan in reference to the advance of the establishment for checking the legality, reasonableness and equity of courtroom selections” (Law of the Republic of Uzbekistan-No.869).

    Abstract of the regulation: The Code has been supplemented with new chapters that define the overall circumstances for assessing the legality, reasonableness, and equity of courtroom verdicts, rulings, and selections (Chapter 55), in addition to the process for submitting a criticism or protest towards courtroom verdicts and selections within the assessment course of (Chapter 56-2).

    Key features of those additions embrace:

    1. The legality, reasonableness, and equity of courtroom verdicts, rulings, and selections will be evaluated by the processes of enchantment, cassation, and assessment.
    2. The prosecutor is concerned in reviewing prison instances within the procedures of enchantment, cassation, and assessment.
    3. In contemplating a prison case by enchantment, cassation, or assessment, the courtroom shouldn’t be restricted to the problems raised in complaints or protests. It’s licensed to look at all the case comprehensively, together with features pertaining to all convicts, even those that didn’t file a criticism or protest towards themselves.
    4. Convicts, their defenders, authorized representatives, victims, and their representatives are entitled to enchantment towards the judgments and rulings of the first-instance courtroom thought of within the procedures of enchantment or cassation, in addition to towards the judgments and rulings of appellate or cassation courts, within the assessment process.
    5. If a criticism or protest suggests the necessity for making use of the regulation to a extra critical crime, rising the punishment, or making different adjustments that worsen the prisoner’s scenario, the courtroom could rethink the conviction or resolution underneath the assessment process. Moreover, this course of and the assessment of the courtroom’s resolution to acquit or terminate a case are permissible solely inside one yr after they’ve legally come into impact.

    Opinions expressed in JURIST Dispatches are solely these of our correspondents within the area and don’t essentially mirror the views of JURIST’s editors, workers, donors or the College of Pittsburgh.
    Source / Picture: jurist.org

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