MAIN TRENDS AND PROSPECTS FOR IMPROVING THE ADMINISTRATIVE JUDICIAL SYSTEM

Abstract

The article is devoted to the analysis of the judicial system reform in the Republic of Uzbekistan, with a focus on the establishment and development of administrative courts. It describes the necessity of changes driven by democratic transformations and state modernization. The article provides data on judicial practice, highlighting the significance of administrative courts in protecting the rights and freedoms of citizens, as well as the interests of legal entities. Issues related to the jurisdiction of administrative cases and the territorial accessibility of courts are analyzed. The article examines international experience in the functioning of administrative courts, serving as a basis for proposals to further improve the administrative justice system in Uzbekistan. The importance of optimizing the activities of administrative courts is emphasized to ensure the rule of law and protect citizens' rights in the context of New Uzbekistan.

Source type: Journals
Years of coverage from 2019
inLibrary
Google Scholar
elibrary
doi
 
Issue:
CC BY f
21-24
29

Downloads

Download data is not yet available.
To share
Bakhtiyor Klichev. (2024). MAIN TRENDS AND PROSPECTS FOR IMPROVING THE ADMINISTRATIVE JUDICIAL SYSTEM. The American Journal of Political Science Law and Criminology, 21–24. https://doi.org/10.37547/tajpslc/Volume06Issue07-06
Crossref
Сrossref
Scopus
Scopus

Abstract

The article is devoted to the analysis of the judicial system reform in the Republic of Uzbekistan, with a focus on the establishment and development of administrative courts. It describes the necessity of changes driven by democratic transformations and state modernization. The article provides data on judicial practice, highlighting the significance of administrative courts in protecting the rights and freedoms of citizens, as well as the interests of legal entities. Issues related to the jurisdiction of administrative cases and the territorial accessibility of courts are analyzed. The article examines international experience in the functioning of administrative courts, serving as a basis for proposals to further improve the administrative justice system in Uzbekistan. The importance of optimizing the activities of administrative courts is emphasized to ensure the rule of law and protect citizens' rights in the context of New Uzbekistan.


background image

THE USA JOURNALS

THE AMERICAN JOURNAL OF POLITICAL SCIENCE LAW AND CRIMINOLOGY (ISSN- 2693-0803)

VOLUME 06 ISSUE07

21

https://www.theamericanjournals.com/index.php/tajpslc

PUBLISHED DATE: - 31-07-2024
DOI: -

https://doi.org/10.37547/tajpslc/Volume06Issue07-06

PAGE NO.: - 21-24

MAIN TRENDS AND PROSPECTS FOR
IMPROVING THE ADMINISTRATIVE
JUDICIAL SYSTEM


Bakhtiyor Klichev

Independent Student of the Higher School of Judges, Uzbekistan

INTRODUCTION

One of the most important factors in the

development of any industry is the improvement of

its system, adaptation to modern requirements,
and modernization. With the changing society and

the beginning of a new stage in our country's
development, the judiciary, formed over the years

of independence, was unable to fully perform its
functions and rationally distribute official duties. In

the context of democratic changes and reforms,

there arose a need for a fundamental reform of the
judicial system and consistent democratization

within the framework of New Uzbekistan.
In response to these challenges, a new phase of

judicial reforms was initiated, aimed at

fundamentally improving and optimizing the
existing structure of the judicial system, enhancing

its efficiency, and transforming it into a truly
independent state institution. During the revision

of the current structure of judicial bodies,
significant organizational and structural changes

were made, taking into account the requirements

of the new society and international standards.
By the Decree of the President of the Republic of

Uzbekistan "On measures for the fundamental

improvement of the structure and increase in the
efficiency of the judicial system of the Republic of

Uzbekistan" dated February 21, 2017, No. UP-
4966, administrative courts of the Republic of

Karakalpakstan, regions, and the city of Tashkent,
as well as district (city) administrative courts, were

established in order to further ensure genuine

independence, increase the efficiency of activities
and authority of the judiciary, and improve the

structure of courts and the system of selection and

RESEARCH ARTICLE

Open Access

Abstract


background image

THE USA JOURNALS

THE AMERICAN JOURNAL OF POLITICAL SCIENCE LAW AND CRIMINOLOGY (ISSN- 2693-0803)

VOLUME 06 ISSUE07

22

https://www.theamericanjournals.com/index.php/tajpslc

appointment of judges [1].
Before the establishment of administrative courts,

until June 1, 2017, cases arising from

administrative and other public legal relations

were considered in civil and economic proceedings
depending on the legal status of the persons

involved in the case, based on Article 264 of the
Civil Procedure Code of the Republic of Uzbekistan

and Article 23 of the Economic Procedure Code of
the Republic of Uzbekistan [2].
In the context of intensive democratic reforms, the

introduction of modern and effective methods and
mechanisms of state and society management, as

well as the need for fair consideration of disputes

arising from relationships between administrative
bodies and individuals and legal entities,

administrative courts were created, separate from
other courts.
After the establishment of administrative courts in

Uzbekistan:
1. The protection of the rights, freedoms, and

legitimate interests of individuals and legal entities
through the courts became more accessible,

including the possibility of appealing illegal actions
(inaction) of state authorities and administrations,

officials, and civil society institutions.
2. The jurisdiction of administrative courts in

resolving disputes arising from public legal

relations

was

established.

Before

the

establishment of administrative courts, disputes
between citizens and state authorities, whose

actions (inaction) violated the rights and interests
of citizens and legal entities, were resolved

depending on the legal status of the parties in civil
and economic courts. Now they are considered by

administrative courts based on the relevant
articles of the Administrative Procedure Code of

the Republic of Uzbekistan.
3. The protection of individuals and legal entities

from decisions, actions (inaction) of state
administration bodies and self-government,

contrary to the law and violating the rights and
freedoms of citizens, as well as the legitimate

interests of business entities, is ensured.
4. In 2022, administrative courts considered

15,344 administrative cases, of which 7,458 were

satisfied, representing 49%. Of these, 9,215 cases
were related to the annulment of decisions of

administrative bodies, and 4,653 cases were
related to the recognition of actions (inaction) of

officials of administrative bodies as illegal. Among
them, 4,623 cases concerned decisions of local

state authorities, and 3,206 concerned decisions of
officials of extrabudgetary pension funds and cases

arising from other public legal relations.
In 2023, administrative courts considered 15,226

administrative cases, of which 7,113 were satisfied,
representing 47%. Of these, 9,034 cases were

related to the annulment of decisions of
administrative bodies, and 5,005 cases were

related to the recognition of actions (inaction) of
officials of administrative bodies as illegal. Among

these cases, 3,641 disputes arose from public legal
relations concerning decisions of local state

authorities, and 3,253 concerned decisions of

officials of extrabudgetary pension funds and cases
arising from other public legal relations [3].
The establishment of administrative courts has

elicited varying opinions among legal scholars.
Some scholars advocate for the creation of an

administrative justice system, while others argue
that there is no necessity for such an institution.

Additionally, there is a viewpoint that judges
specializing in administrative cases should be

appointed instead of creating separate courts.

Thus, there is no consensus among scholars
regarding the existence of administrative courts.

However, analysis shows that many countries have
established specialized administrative courts.
A.I. Sapozhnikov, a Russian legal scholar, supports

the necessity of creating an administrative judicial
institution. According to Sapozhnikov, "the

introduction of administrative courts is a
constitutional duty of the legislator. The creation of

administrative justice bodies not only fulfills the

provisions laid down in the Constitution but also
brings Russia to a European level in this regard"

[4]. Another Russian scholar, V.T. Azizov, states
that "the judicial system is created in each country

based on its conditions, but historical traditions
form the foundation for the creation of

administrative courts in the Russian Federation"
[5]. The renowned jurist I.N. Grachev believes that


background image

THE USA JOURNALS

THE AMERICAN JOURNAL OF POLITICAL SCIENCE LAW AND CRIMINOLOGY (ISSN- 2693-0803)

VOLUME 06 ISSUE07

23

https://www.theamericanjournals.com/index.php/tajpslc

"the most optimal solution to this issue (in this
case, the question is whether to create

administrative courts. Author's comment) is to
establish the jurisdiction of specialized and

administrative courts by creating administrative
courts within the judicial system" [6].
In our opinion, it is advisable to deeply study and

analyze the experience of various countries where

administrative courts and bodies have long been
established.
Today, the institution of administrative justice is

well-developed in the USA, Austria, Bulgaria,
Germany, Spain, China, Sweden, and other

countries. For instance, in Bulgaria, administrative

cases are handled by administrative courts. The
administrative justice system includes 28 district

administrative

courts

and

the

Supreme

Administrative Court. Administrative courts have

jurisdiction over the following actions:
- Modification or annulment of documents issued

by administrative bodies;
- Termination of contracts concluded in violation of

the Administrative Procedure Code;
- Establishment of judicial control over

unreasonable

actions

or

inactions

of

administrative bodies;
- Verification of the validity of administrative

documents and compliance with the requirements

of the Administrative Procedure Code [7].
In Lithuania, disputes arising from administrative

legal relations are handled by the Supreme

Administrative Court of Lithuania and district
administrative courts. The district administrative

court considers complaints (appeals) against

administrative documents and actions (inactions)
of administrative bodies and resolves disputes

arising from the failure of state bodies to fulfill their
duties. The Supreme Administrative Court is the

final instance and has the authority to ensure the
legality of administrative cases. It is considered an

appellate court and reviews judicial documents
issued by district administrative courts [7].
In Spain, administrative courts review the legality

of actions taken by authorities and financial claims

against them. The central administrative courts are

located in Madrid, the capital of the country, and
their jurisdiction extends throughout Spain [7].

One reason for the significant attention given to
administrative procedures in the USA is that

judicial cases related to public legal disputes are
conducted based on the legality of reports

compiled following administrative procedures [8].
As evidenced by international experience, many

developed

countries

have

established

administrative courts that play a crucial role in

resolving disputes between administrative bodies
and individuals or legal entities.
Nearly seven years have passed since the

establishment of administrative courts in

Uzbekistan. Judicial practice during this period has
shown the necessity of further improving the

administrative case management system. In this
regard, a short-term plan for bringing the judicial

system to a qualitatively new level for 2023-2026
was approved by the Presidential Decree of the

Republic of Uzbekistan dated January 16, 2023, No.
PF-11 "On additional measures to further expand

access to justice and increase the efficiency of
courts." Clause 5 of the Action Program for the

implementation of the strategy sets the task of
"taking measures to improve the work of

administrative courts based on a critical analysis of
law enforcement practices and considering

advanced foreign experience" [9].
Analysis of the practice of administrative courts

has revealed the necessity of addressing the issue
of "resolving all disputes between administrative

bodies and citizens and entrepreneurs, as well as
improving the rules related to their appeal to the

court" [9]. Today, there are problems associated
with clarifying the jurisdiction of administrative

cases and disputes.
One of the primary tasks of administrative courts is

to check the legality of decisions made by
administrative bodies or the compliance of actions

(inactions) of officials of state bodies with the law,
as well as to provide a legal assessment of the

overall legality of these administrative bodies or
officials. Assessing the legality of the activities of

any administrative div or its systematic study
requires the court to spend a significant amount of

time. The specificity and complexity of disputes


background image

THE USA JOURNALS

THE AMERICAN JOURNAL OF POLITICAL SCIENCE LAW AND CRIMINOLOGY (ISSN- 2693-0803)

VOLUME 06 ISSUE07

24

https://www.theamericanjournals.com/index.php/tajpslc

arising from administrative and other public legal
relations necessitate the optimization of the

activities of administrative courts.
Currently, there are problems with the

participation

of

parties

in

inter-district

administrative courts established in the Republic

of Karakalpakstan, the city of Tashkent, and
regional centers. For example, some districts are

located almost 200 km from the regional center,
creating difficulties for participants in judicial

processes. Therefore, it is advisable to consider the
issue of reorganizing district (city) administrative

courts.
In short, further development of the administrative

courts system serves to ensure the rule of law, the
rights, and the legitimate interests of citizens and

business entities in their interactions with
administrative bodies at the modern stage of

development of New Uzbekistan.

REFERENCES
1.

Decree of the President of the Republic of

Uzbekistan No. PF-4966 "On Measures for the
Fundamental Improvement of the Judicial

System Structure of the Republic of Uzbekistan
and

Increasing

Its

Efficiency,"

https://lex.uz/docs/3121087.

2.

Eshimbetov M.Yu., "Issues of Improving

Administrative Legislation in the Republic of

Uzbekistan," "Issues of Improving the Conduct

of Criminal and Administrative Judicial Cases,"
Collection of Materials of the International

Scientific and Practical Online Conference

"Current Issues of Judicial Practice" held on July
3, 2020. Hilal Media Publishing House,

Tashkent-2020, p. 149.

3.

Information from the Supreme Court (sud.uz).

4.

Sapozhnikov A.I., "On the Issue of Creating

Administrative Justice in the Russian
Federation" // Advocate Practice.

2008.

No.

1.

5.

Azizov

V.T.,

"Problems

of

Creating

Administrative Courts in the Russian
Federation," Center for Scientific Cooperation

"Interactive Plus" https://interactive-

plus.ru ›

Action587-474223.

6.

N.I.

Grachev,

A.G.

Kolomeytseva,

"Administrative Court in the Context of Judicial
Reform," ISSN 2078-8495. Bulletin of

Volgograd Institute of Management Series 5,
Jurisprudence. 2015. No. 2 (27), pp. 122-127.

7.

Comparative Analysis of the Procedure for

Selecting Administrative Judges, Strasbourg,

November

23,

2020,

p.

6,

https://rm.coe.int/comparative-study-on-

selection-of-judges-rus/1680a59e56.

8.

Nematov Zh.N., "Improvement of the

Administrative Procedures Institute in the
Republic of Uzbekistan (Comparative Legal

Analysis)," Monograph, Tashkent LESSON
PRESS 2018, p. 207.

9.

"Action Program for the Implementation of the

Short-term Strategy for Bringing the Judicial
System to a Qualitatively New Level for 2023-

2026," https://lex.uz/docs/6358976.

References

Decree of the President of the Republic of Uzbekistan No. PF-4966 "On Measures for the Fundamental Improvement of the Judicial System Structure of the Republic of Uzbekistan and Increasing Its Efficiency," https://lex.uz/docs/3121087.

Eshimbetov M.Yu., "Issues of Improving Administrative Legislation in the Republic of Uzbekistan," "Issues of Improving the Conduct of Criminal and Administrative Judicial Cases," Collection of Materials of the International Scientific and Practical Online Conference "Current Issues of Judicial Practice" held on July 3, 2020. Hilal Media Publishing House, Tashkent-2020, p. 149.

Information from the Supreme Court (sud.uz).

Sapozhnikov A.I., "On the Issue of Creating Administrative Justice in the Russian Federation" // Advocate Practice. – 2008. – No. 1.

Azizov V.T., "Problems of Creating Administrative Courts in the Russian Federation," Center for Scientific Cooperation "Interactive Plus" https://interactive-plus.ru › Action587-474223.

N.I. Grachev, A.G. Kolomeytseva, "Administrative Court in the Context of Judicial Reform," ISSN 2078-8495. Bulletin of Volgograd Institute of Management Series 5, Jurisprudence. 2015. No. 2 (27), pp. 122-127.

Comparative Analysis of the Procedure for Selecting Administrative Judges, Strasbourg, November 23, 2020, p. 6, https://rm.coe.int/comparative-study-on-selection-of-judges-rus/1680a59e56.

Nematov Zh.N., "Improvement of the Administrative Procedures Institute in the Republic of Uzbekistan (Comparative Legal Analysis)," Monograph, Tashkent LESSON PRESS 2018, p. 207.

"Action Program for the Implementation of the Short-term Strategy for Bringing the Judicial System to a Qualitatively New Level for 2023-2026," https://lex.uz/docs/6358976.