On establishing the Research Center for Democratization and Liberalization of Judicial Legislation a

nd Providing for the Independence of Judicial System

June 24, 2008

On June 23, 2008 the President of the Republic of Uzbekistan signed Resolution «On establishing the Research Center for Democratization and Liberalization of Judicial Legislation and Providing for the Independence of Judicial System».

For recent years Uzbekistan has been carrying out a significant work aimed at democratization of judicial system, liberalization of criminal and criminal procedural legislation, establishment of an independent judicial power called upon to provide for reliable protection of human rights and freedoms.

Since the beginning of 2008 a number of laws, in particular, on abolishment of capital punishment, delegation of right to issue a sanction to detention to courts have come into power and began to be successfully implemented. Besides, amendments and addenda aimed at liberalization of criminal punishment, democratization of the activity of courts, prosecutor’s office and other law enforcement bodies have been introduced to a number of laws. In May this year President signed a Decree «On measures for further reforming of the institute of barrister’s office».

In line with the principles enshrined in the Constitution of Uzbekistan liberalization of the system of criminal punishment and legal procedure have been gradually carried out and the scope of punishments not related with isolation from society has widened. As a result a number of imprisoned persons in 2007 dropped more than twofold compared to the year 2000.

Consistent and systemic work on reforming judicial system is uninterruptedly connected with the processes of democratic renovation of entire society, since wide-scale democratic reforms now underway in economic, political, humanitarian and other spheres of Uzbekistan’s life cannot be successfully implemented without liberalization and democratization of judicial system.

The Resolution of President of the Republic of Uzbekistan «On establishing the Research Center for Democratization and Liberalization of Judicial Legislation and Providing for the Independence of Judicial System» is a continuation of deep democratic reforms in judicial system in Uzbekistan, which are aimed at enhancing of law enforcement and legal practices, as well as the authority of court, its independence, effectiveness of court’s activity on providing for the rule of law, ensuring the reliable protection of human rights and interests.

The document states that the new body to be established at the Supreme Court shall be a Research Center. According to the Resolution, the main goal of the Center, which will be a functional body within the Supreme Court system is to: study and prepare proposals on the implementation of two most important directions in reforming the judicial system, which are liberalization and democratization, as well as providing for the independence of judicial power.

The Resolution suggests that the Research Center shall be directly accountable to the Chairman of the Supreme Court and conduct its activity in close interaction with subdivisions of the Supreme Court, Supreme Economic Court, Ministry of Justice of the Republic of Uzbekistan and other state bodies.

The main goals of the Research Center for Democratization and Liberalization of Judicial Legislation and Providing for the Independence of Judicial System are to:

• analyze and summarize the legislative framework of judicial activity, as well as the effectiveness of the implementation of provisions of Uzbekistan’s Constitution, which sets the objectives of judicial system, research and summarize the law enforcement and legal practices, aimed at providing for the rule law;

• elaborate the measures on further liberalization of criminal and administrative punishment system, democratization of judicial, criminal procedural, civil procedural, economic procedural legislation and legal procedure;

• work out the proposals on further improvement of justice system, enhance the authority and independence of judicial power, eliminate the facts of meddling in the court activity, prevent illegitimate court decisions;

• elaborate and carry out the programs thorough study and implementation of the universal principles and norms of international judicial law into the national legislation, expand the cooperation with international and foreign organizations in the sphere of justice, hold conferences, seminars and other gatherings devoted to the issues of democratization and liberalization of judicial legislation and providing for the independence of court.

Addressing these issues will contribute to the strengthening and developing the independent judicial power, as well as allow benchmarking the best practices of developed countries and international legal institutions in democratic reforming of legal system and enhancing the national legislation in this sphere.

Taking into account the importance and complexity of tasks set before the Research Center the Resolution has determined number of organizational, administrative and technical measures directed at creating the necessary conditions for its effective activity.