Legal basis of judicial immunity
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Legal basis of judicial immunity

The importance of the Constitution of the Republic of Uzbekistan in the development of our country and in ensuring human rights and freedoms is incomparable. It has a special place in ensuring the human rights and freedoms enshrined in the Constitution, legality in society and the true independence of the judiciary.
According to Article 122 of the Constitution of the Republic of Uzbekistan, judges are independent, subject only to the law, it is not allowed to interfere in any way with the activities of judges in the administration of justice, and such interference is a cause of responsibility according to the law.
One of the main reasons for the constitutional guarantee of the independence of the judges and only obeying the law is the fact that the judiciary is given a right that does not apply to the authority of any other body - the right to administer justice. After all, the importance of justice in the life of our country, in achieving full protection of the rights and freedoms of our citizens, is incomparable. Justice plays an important role in the life of the society, in raising the legal culture and legal consciousness of the members of the society, in educating people in the spirit of respect for the law.
In the first years of independence, a number of our laws were adopted aimed at implementing the principle of independence of judges and obedience only to the law, provided for in the Constitution. The Criminal Code adopted in 1994, the Code of Criminal Procedure, the Code of Administrative Responsibilities and the Civil Procedure and Economic Procedure Codes adopted in 1997, the Law "On Courts", a number of decrees and decisions of the President of the Republic of Uzbekistan and Government decisions can be cited. .
However, an in-depth analysis of the path of development of our country, today's world market situation has changed dramatically, and the competition is becoming more and more intense in the conditions of globalization. Ensuring the true independence of the judiciary has made it a vital necessity to begin a completely new phase aimed at increasing public confidence in justice.
Decree No. PF-4850 "On measures to further reform the judicial system and strengthen guarantees of reliable protection of the rights and freedoms of citizens" issued by the President of the Republic of Uzbekistan Sh.M. Mirziyoyev on October 21, 2016, on the independence of judges and only created the ground for the full realization of the constitutional norm on obeying the law. Also, the Decree "On the Strategy of Actions for the Further Development of the Republic of Uzbekistan" and the State Decree "On the Implementation of the Strategy of Actions on the Five Priority Areas of Development of the Republic of Uzbekistan in 2017-2021 in the Year of Communication with the People and Human Interests" approved by this Decree program" provided a number of measures to ensure the true independence of judges, increase the authority of the court, democratize and improve the judicial system.
In particular, establishing the first five-year, then ten-year period of being a judge, and then an indefinite period, establishing the Supreme Council of Judges as a body of judicial power on the basis of the High Qualification Commission for the Selection and Recommendation of Judges under the President of the Republic of Uzbekistan, holding judges to disciplinary responsibility improvement of the mechanism, including by clarifying its foundations, termination of the authority of court presidents to initiate disciplinary proceedings against judges, transfer of the tasks and powers of the general jurisdiction courts of the judicial bodies to the Supreme Court of the Republic of Uzbekistan in terms of material and technical aspects and in the field of financial support.
In order to ensure the independence of the courts and their obedience only to the law, it is important to determine the first five-year, then ten-year, and then indefinite term of being a judge. Because this order of being in the position of a judge requires the judge to perform the tasks entrusted to him in an exemplary and conscientious manner, as well as an incentive rule for re-election or appointment to the position for the next term, and after exemplary performance of his duties, to be elected or appointed for ten years or even for an indefinite period.
Setting the maximum age for being a judge, i.e. up to 65 years for judges of district and regional courts, up to 70 years for judges of the Constitutional and Supreme Courts, as well as guaranteeing the independence of judges

in this way, it creates a foundation for the formation of a corps of professional judges, the filling of the court system with mature, highly qualified, highly experienced, independent-thinking, honest and impeccably reputable judges, the wide use of their rich experience, and the creation of a stable school of judges. In addition, it serves to free the judicial power from the influence of other authorities.
One of the next important measures aimed at ensuring the true independence of the judiciary in the "Strategy of Actions" is to establish the Supreme Council of Judges as a body of the community of judges, to form at least half of the council's composition from judges, and to give it a number of powers to ensure the independence of the judiciary.
The conclusion is that it is important to increase the authority of the judge in the society, to ensure his true independence and to act only on the basis of the laws, the Constitution of our country and the laws adopted on this basis. After all, ensuring the true independence of the judiciary is one of the important conditions for building a legal democratic state and a strong civil society.

A. Ya. Ollamov
Gulistan inter-district economic court judge

1285 | 2023-11-14 11:09

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