Responsibility for non-execution of decisions of administrative courts will increase

    In focus 31 January 2022 2221

    The Decree of the President of Uzbekistan dated January 29, 2022 "On measures to further ensure effective protection of the rights of citizens and business entities in relations with state bodies, as well as to increase public confidence in the courts" was adopted.

    The Supreme Court, together with the Supreme Judicial Council and interested ministries and departments, has been instructed to introduce the following procedures into procedural legislative acts:

    • the implementation of administrative proceedings based on the principle of "the active role of the court" with the assignment to the administrative courts of the obligation to collect evidence on their own initiative to clarify the factual circumstances of the case, the creation of conditions for citizens or business entities whose rights have been violated to participate in the collection of evidence within their capabilities;
    • granting citizens or business entities whose rights have been violated, along with a dispute arising from public law relations, the right to submit to the administrative court also a claim for recovery of damages in the presence of a causal relationship, as well as the transfer of authority to consider such claims to administrative courts;
    • the application of judicial fines against officials of state bodies or organizations in case of non-compliance with the decisions of administrative courts in cases arising from public relations;
    • introduction of mechanisms to achieve reconciliation of the parties in cases arising from public relations.

    Also, in order to strengthen the role of administrative courts in society, turning them into genuine defenders of citizens and business entities, it is provided:

    • granting the parties, the right to conclude a settlement agreement in cases arising from public relations, in cases established by legislative acts;
    • execution by state bodies or organizations of a decision on a case arising from public law relations within one month from the date of its entry into legal force and notification of the administrative court about it;
    • the application of a judicial fine against officials of state bodies or organizations for their failure to execute a judicial act in a case arising from public relations;
    • the application of an increased amount of the originally applied court fine against officials of state bodies or organizations for repeated non-execution of a decision by them in a case arising from public law relations, reports "Norma".