THE CONSTITUTIONAL COURT OF THE REPUBLIC OF UZBEKISTAN

(collection of documents)

CONTENTS
Paramountry of constitution is the main condition of the state with rule
of law and civil society (in lieu of fтoreword) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Constitution of the Republic of Uzbekistan (excerpt). . . . . . . . . . . . . . . . . . . . . . 114
Law of the Republic of Uzbekistan “On the Constitutional Court
of the Republic of Uzbekistan”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
The Rules of Procedure of the Constitutional Court of the Republic
of Uzbekistan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Code of Honor of the Judge of the Constitutional Court of the Republic
of Uzbekistan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
Regulation on the Administration of the Constitutional Court
of the Republic of Uzbekistan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Regulation on the procedure of the examination of individuals
and legal entities’ applications at the Constitutional Court
of the Republic of Uzbekistan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155

PARAMOUNTRY OF CONSTITUTION IS THE MAIN CONDITION
OF THE STATE WITH RULE OF LAW AND CIVIL SOCIETY
(in lieu of foreword)
The Constitution of the Republic of Uzbekistan holds a special place in the life of our
people as a great asset of independence, and it is a sacred social and legal value for
all of us. The day by day, its vitality proves itself, increases its efficient impact on social
relations. It serves as reliable guarantee of securing human rights and freedoms, of peace
and stability, inter-ethnic concord, positive force unifying the society, and transforming
wide strata of population into active participants of deepening of democracy and
modernization of the country.
The reforms in the area of state building and governance that were underway
during the past period have been aimed at consistent realization of the constitutional
principle of power division, establishment of an efficient system of checks and balances
between them.
According to the Constitution of the Republic of Uzbekistan, “the unconditioned
paramountry of the Constitution is recognized…” in the Republic of Uzbekistan and
“… no law or other legal act can be in contradiction to the norms and principles of
Constitution”.
The Constitutional Court of the Republic of Uzbekistan has been established in order
to bring to being one of mechanisms of securing the system of checks and balances
between the branches as well as guarantying paramountry of the Constitution.
Democratization and liberalization of the judicial and legal system in Uzbekistan is
a priority area of the state policy that is the focus of permanent attention of President
Islam Karimov of the Republic of Uzbekistan. In his speeches, the special role is allocated
to administering justice, functioning of independent judicial branch, realization
of judicial and legal reform. «On respect for legal norms by the judicial bodies, judges,
on compliance of their decisions with norms of fairness, he notices, authority of the
state, authority of society depends»1
.
The Constitutional Court of the Republic of Uzbekistan is a body of judiciary hearing
cases of compliance of the deeds of the legislative and executive branches to the
Constitution. It is elected from among professionals in the areas of politics and law for
the term of five years by the Senate of Oliy Majlis under recommendation from the
President of the Republic of Uzbekistan composed of the chairman, deputy chairman,
and five judges of the Constitutional Court, including representative of the Republic
of Karakalpakistan. The Constitutional Court and its judges are independent in their
functioning and obey the Constitution of the Republic of Uzbekistan. The decisions of
the Constitutional Court are binding for all the bodies of state governance and admin-
1 Каримов И. А. Путь созидания — основа скорейшего процветания Родины //
По пути созидания. Т. 4. — Т.: Ўзбекистон, 1996 — С. 180.
111
istration, as well as to enterprises, institutions, organizations, and public associations,
officials, and citizens.
The fundamentals of the Court’s activities are adherence to the Constitution, independence,
collegiality, publicity, and equity of judges. These principles are inter-related.
The Constitution of the Republic of Uzbekistan and the Law “On the Constitutional
Court of the Republic of Uzbekistan” are legal basics determining constitutional legal
status, structure, and order of functioning of the Constitutional Court of the Republic
of Uzbekistan. Legal act officially passed and taken legal effect fall under jurisdiction of
the Constitutional Court of the Republic of Uzbekistan. The Constitutional Court does
not check compliance of the draft legal acts to the Constitution.
Decisions of the Constitutional Court take legal effect from the moment of their
publication in the press. Decisions of the Constitutional Court are final and not subject
to appeal. Respective decisions of the Constitutional Court have been reached on all
the heard matters so far.
According to Article 35 of the Law «On Legal Acts», the legal acts or their parts
recognized by the Constitutional Court as not complying with the Constitution of the
Republic of Uzbekistan discontinue their effect and cannot be enforced.
Certain work has been done in the area of laws improvement, law making, too. In
particular, practicing the right of legal initiative, the Constitutional Court has submitted
a number of draft laws to the country’s Parliament.
In accordance with Article 19 of the Law “On the Constitutional Court of the Republic
of Uzbekistan”, the Cambers of Oliy Majlis of the Republic of Uzbekistan, President of
the Republic of Uzbekistan, Speaker of the Legislative Chamber of Oliy Majlis of the
Republic of Uzbekistan, Chairman of the Senate of of Oliy Majlis of the Republic of
Uzbekistan, Jokarggi Kenes of the Republic of Karakalpakistan, a group of deputies —
not less than one fourth of the total number of deputies of the Legislative Chamber,
a group of deputies — not less than one fourth of the total number of members of the
Senate, Chairman of the Supreme Court of the Republic of Uzbekistan, Chairman of
the Higher Economic Court of the Republic of Uzbekistan, and Prosecutor General of
the Republic of Uzbekistan enjoy the right of submitting matters for the Constitutional
Court of the Republic of Uzbekistan. Matters can be submitted by initiative of not less
than three judges of the Constitutional Court.
In its activities, the Constitutional Court of the Republic of Uzbekistan cooperates
closely with the Administration of President of the Republic of Uzbekistan, the Chambers
of Oliy Majlis, the Cabinet of Ministers, the Supreme Court, the Higher Economic Court,
the Ministry of Justice, Office of Prosecutor General, and the Authorized Person of Oliy
Majlis of Human Rights (Ombutsman). Contacts with the bodies of constitutional review
of the foreign countries and international organizations have been established as well.
Constitutional Court of the Republic of Uzbekistan is one of the founders of the
Asian Association of Constitutional Courts established in 2010 and in 2013, the Court
joined the World Association on Constitutional Justice.
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«Bulletin of the Constitutional Court the Republic of Uzbekistan» is being published
since 1998.
The present collection includes the legal bases for functioning of the Constitutional
Court of the Republic of Uzbekistan and is published with the goal of raising
legal awareness of the wide community of readers — workers of judiciary and law
enforcement, representatives of non-governmental organizations, the students of law
educational institutions, as well as citizens.
Co-ordinator of the Organization of Security and Cooperation in Europe Projects in
Uzbekistan and his staff have provided essential assistance in preparation of this collection.
Constitutional Court of the Republic of Uzbekistan expresses its sincere gratitude.
Bakhriyor Mirbabaev,
Chairman, Constitutional Court
of the Republic of Uzbekistan
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FOREWORD
I am very pleased to introduce the collection “The Constitutional Court of the Republic
of Uzbekistan (Collection of Documents)” prepared by the Constitutional Court and
published with support of the OSCE Project Co-ordinator in Uzbekistan.
It is especially notable that the collection is being published in 2015 that is marked
by 20 years anniversary of the Law of the Republic of Uzbekistan “On the Constitutional
Court of the Republic of Uzbekistan”.
An independent judiciary and the rule of law are the cornerstones of a peaceful and
democratic society. The rule of law appears as a guarantee of democracy and rests, for
its protection, on independent, impartial, and competent judicial branch of power. The
efficient functioning of administration of the constitutional justice is the guarantee of
implementation of some fundamental elements of the rule of law.
Constitutional courts play an important role in securing paramountcy of the constitutional
provisions and meeting of international legal commitments including
commitments in the area of human rights. The international legal commitments
including those that had been implemented in the domestic laws must be met in full
for protection of rights of all people.
Constitutional courts are an inalienable part of the checks and balances system securing
that the state power is distributed between the executive branch, representative
parliament, and an independent judicial branch. Constitutional courts are capable of
interpreting and clarifying demarcation lines between the executive and legislative
branches securing accountability of the government bodies and foster stability of the
constitutional order.
As guarantors of Constitutions Constitutional courts reserve the last word in resolving
the matters of compliance of all the government bodies’ acts with the basic law. The
rule of law principle requires efficient execution of the constitutional court decisions
with regard of the government bodies to secure that neither the executive nor the
legislative branch are above the law.
Publication of this collection is a good example of the positive dynamics in development
of collaboration between the Constitutional Court of the Republic of Uzbekistan
and the OSCE Project Co-ordinator in Uzbekistan.
I am sincerely confident that this publication will be useful to the government
bodies’ officials, representatives of the civil society, and all those who are interested in
matters of democratization, human rights and the rule of law, as well as peculiarities
of the Constitutional Court of the Republic of Uzbekistan functioning both in your
country and abroad.
Ambassador György Szabó,
OSCE Project Co-ordinator in Uzbekistan
114
CONSTITUTION OF THE REPUBLIC OF UZBEKISTAN
(excerpt)
CHAPTER 22
JUDICIAL BRANCH IN THE REPUBLIC OF UZBEKISTAN
Article 106. The judicial branch in the Republic of Uzbekistan shall function independently
from the legislative and executive branches, political parties, and other
public associations.
Article 107. The judicial system in the Republic of Uzbekistan shall consist of
the Constitutional Court of the Republic of Uzbekistan, the Supreme Court of the
Republic of Uzbekistan, the Higher Economic Court of the Republic of Uzbekistan,
the supreme courts of the Republic of Karakalpakstan on civil and criminal cases,
the Economic Court of the Republic of Karakalpakstan elected for the term of five
years, regional and Tashkent city courts on civil and criminal cases, interdistrict,
district and city courts on civil and criminal cases, martial and economic courts
for the same term.
The organization and procedure for the operation of courts shall be specified by law.
The formation of tribunals shall be inadmissible.
Article 108. The Constitutional Court of the Republic of Uzbekistan shall hear cases
relating to the constitutionality of acts of the legislative and executive branches.
The Constitutional Court shall be elected from among political and law scholars
and shall consist of the Chairman, Deputy Chairman and judges of the Constitutional
Court including a representative from the Republic of Karakalpakistan.
The office of Judge the Constitutional Court, including that of the Chairman, shall
not be compatible with deputy status.
The Chairman and members of the Constitutional Court may not be members of
political parties and movements nor hold any other paid positions.
The judges of the Constitutional Court shall enjoy the right of immunity.
The judges of the Constitutional Court shall be independent in their work and
submit solely to the Constitution of the Republic of Uzbekistan.
Article 109. The Constitutional Court of the Republic of Uzbekistan shall:
1) define the compliance of the Constitution of the Republic of Uzbekistan, laws
of the Republic of Uzbekistan and resolutions of the chambers of the Oliy Majlis of
the Republic of Uzbekistan, decrees of the President of the Republic of Uzbekistan,
enactments of the government and local bodies of state authority, interstate treaties
and other obligations of the Republic of Uzbekistan;
2) conform the compliance of the Constitution of the Republic of Karakalpakistan
to the Constitution of the Republic of Uzbekistan, laws of the Republic of Karakalpakistan
— to laws of the Republic of Uzbekistan;
3) interpret the norms of the Constitution and laws of the Republic of Uzbekistan;
115
4) hear other cases relating to its competence in accordance with the Constitution
and laws of the Republic of Uzbekistan;
The judgments of the Constitutional Court shall take effect upon publication. They
shall be final and not subject to appeal.
The organization and procedure for the work of the Constitutional Court shall be
specified by law.

Article 113. Trial of cases in all courts shall be open to the public. Hearings in
camera shall be allowed only in cases prescribed by law.
Article 114. Acts of judicial power shall be binding on all state bodies, public associations,
enterprises, institutions, organizations, officials and citizens.
Article 115. Court proceedings in the Republic of Uzbekistan shall be conducted in
Uzbek, Karakalpak or in the language of the majority of the population in the locality.
Individuals participating in court proceedings, who do not know the language which
it is being conducted in, shall be entitled to be fully acquainted with the materials of
the case, participate in proceedings through an interpreter and address the court in
their native language.
116
LAW OF THE REPUBLIC OF UZBEKISTAN
“ON THE CONSTITUTIONAL COURT OF THE REPUBLIC OF UZBEKISTAN”
(Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 1995, No 9, art. 178; 2003,
No 1, art. 8; No 9-10, art. 149; Bulletin of the Chambers of the Oliy Majlis of the Republic
of Uzbekistan, 2014, No 1, art. 4; 2014, No 5, art. 130)
I. GENERAL PROVISIONS
Article 1. Constitutional Court of the Republic of Uzbekistan
The Constitutional Court of the Republic of Uzbekistan shall be the organ of judicial
authority to hear the cases on the constitutionality of acts of the legislative and
executive branches.
The Constitutional Court shall:
determine the compliance of the laws of the Republic of Uzbekistan and resolutions
of the chambers of the Oliy Majlis of the Republic of Uzbekistan, decrees of
the President of the Republic of Uzbekistan, resolutions of the government and the
local organs of state power, interstate treaty and other obligations of the Republic of
Uzbekistan with the Constitution of the Republic of Uzbekistan;
give the conclusion on the compliance of the Constitution of the Republic of Karakalpakistan
with the Constitution of the Republic of Uzbekistan, of the laws of the
Republic of Karakalpakistan with the laws of the Republic of Uzbekistan;
give interpretation of the norms of the Constitution and the laws of the Republic
of Uzbekistan;
hear other cases referred to its competence by the Constitution and the laws of
the Republic of Uzbekistan.
The Constitutional Court shall adjudicate the cases and give the conclusions based
solely on the Constitution of the Republic of Uzbekistan.
Article 2. Election of the Constitutional Court
The Constitutional Court consisting of Chairman, Deputy Chairman and five members
of the Constitutional Court including a judge from the Republic of Karakalpakistan
shall be elected by the Senate of the Oliy Majlis upon nomination by the President of
the Republic of Uzbekistan.
Every judge of the Constitutional Court shall be elected individually. A person shall
be considered elected if he obtains the majority of the votes of the total number of
the members of the Senate.
The Constitutional Court shall be entitled to proceed to its activity provided that
not less than four persons from the composition of the Court are elected.
In case of drop out of the judge from the composition of the Constitutional Court
the Senate of the Oliy Majlis shall elect another person by procedure provided by the
present article.
117
Article 3. Term of office of the Constitutional Court
According to Article 107 of the Constitution of the Republic of Uzbekistan the
Constitutional Court shall be elected for the term of five years.
The Constitutional Court shall be a standing organ.
The Constitutional Court sessions shall be held as necessary.
Article 4. Main principles of the Constitutional Court’s activity
The main principles of the Constitutional Court’s activity shall be adherence to the
Constitution of the Republic of Uzbekistan, independence, collegiality, publicity and
equality of the judges’ rights.
Article 5. Independence of the Constitutional Court
The Constitutional Court and its judges during their activity shall be independent and
submit solely to the Constitution of the Republic of Uzbekistan.
The judges of the Constitutional Court, while making a decision, shall express their
legal stand devoid of considerations of practical expediency, political inclinations and
other foreign influences.
Interference into the Constitutional Court’s activity shall be barred and entail liability
according to law.
Article 6. Collegiality
Hearing of cases and making decisions shall be conducted collegially at the Constitutional
Court in composition of not less than four judges.
Article 7. Publicity
The Constitutional Court sessions, as a rule, shall be conducted publicly.
Article 8. Equality of the rights of the Constitutional Court judges
When hearing the matters by the Constitutional Court and voting on the matters under
consideration Chairman, Deputy Chairman and the members of the Constitutional
Court, as judges, shall enjoy equal rights.
Article 9. Binding power of the decisions and requests of the Constitutional
Court
The decisions of the Constitutional Court shall be binding for all organs of state power
and administration, as well as for enterprises, institutions, organizations and public
associations, officials and citizens.
The requests of the Constitutional Court to present the normative acts,
documents or their copies, to give explanations and consultations about the
matters under the consideration shall be binding on all organs to which they
are addressed.
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Article 10. Legislative initiative of the Constitutional Court
According to Article 83 of the Constitution of the Republic of Uzbekistan the
Constitutional Court shall enjoy the right of legislative initiative. This right shall be
exercised by introducing a bill into the Legislative Chamber of the Oliy Majlis of the
Republic of Uzbekistan.
Article 11. Standard operating procedures of the Constitutional Court
The standard operating procedures of the Constitutional Court shall be determined
by the Rules of Procedure.
II. STATUS OF THE JUDGES OF THE CONSTITUTIONAL COURT
Article 12. Requirements to the candidate for the office of the judge
of the Constitutional Court. Qualification ranks of the judges of the
Constitutional Court
As a judge of the Constitutional Court, a citizen of the Republic of Uzbekistan
not younger than thirty years old may be elected from among the specialists
in the sphere of politics and law, possessing high moral standards and required
qualification.
The judges of the Constitutional Court shall be conferred the Highest or the First
qualification class by the President of the Republic of Uzbekistan.
Article 13. Oath of the judge of the Constitutional Court
The person first elected as a judge of the Constitutional Court shall take the oath
running as:
“Solemnly swear to faithfully and conscientiously perform the duties of the judge
of the Constitutional Court, protect constitutional system obeying solely to the Constitution
of the Republic of Uzbekistan”.
The judges of the Constitutional Court shall be sworn by the President of the Republic
of Uzbekistan.
Article 14. Activity incompatible with the office of the judge of the
Constitutional Court
The performance of the duties of the judge of the Constitutional Court shall be
incompatible with the mandate of deputy, the membership in political parties and
movements, holding any other paid position.
Article 15. Irremovability of the judge of the Constitutional Court
The judge of the Constitutional Court shall be irremovable during his powers. The
powers of the judge cannot be terminated or suspended except as otherwise by the
procedure and on the ground provided under the present Law.
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Article 16. Immunity of the judge of the Constitutional Court
The judge of the Constitutional Court cannot be arraigned on criminal or administrative
liability as well as taken into custody without consent of the Constitutional Court of
the Republic of Uzbekistan.
The criminal case in respect of the judge of the Constitutional Court can be instituted
only by the General Prosecutor of the Republic of Uzbekistan.
Attachment, detention as well inspection of the belongings, the baggage, the
transport, the living and office quarters of the judge of the Constitutional Court shall
be banned.
Article 17. Suspension of the powers of the judge of the Constitutional Court
The powers of the judge of the Constitutional Court may be suspended by the decision
of the Constitutional Court in case of:
being arraigned on criminal liability;
conducting an activity incompatible with the office of judge;
being declared missing by the decision of the court having taken legal effect;
The suspension of the powers of the judge, except for the cases when taking into
custody had been chosen as a measure of restrain for the judge, shall not entail the
suspension of the salary payment to him and deprive him of immunity guarantees
provided by the present Law.
Article 18. Premature termination of the powers of the judge of the
Constitutional Court
The powers of the judge of the Constitutional Court shall be terminated prematurely
by the decision of the Senate of the Oliy Majlis in the case:
his violating the oath of the judge;
his request for resignation;
existence of the court’s sentence of conviction having taken legal effect in respect
of him;
pursuing to conduct the activity incompatible with his position, after being cautioned
or suspension of his powers;
his long-lasting illness based on the opinion of the medical commission;
his loss of the citizenship of the Republic of Uzbekistan.
Article 181
. Employment guarantees of the judges of the Constitutional Court
after the expiration of their term of office
The judges of the Constitutional Court after the expiration of their term of office are
offered the former job (office) held by them before being elected for the office of the
judge of the Constitutional Court, in the case of unavailability of the latter — another
equivalent job (office).
120
III. BASIC PRINCIPIUM OF THE PROCEEDINGS AT THE
CONSTITUTIONAL COURT
Article 19. Right to introduce a matter to the Constitutional Court
The right to introduce a matter for the hearing of the Constitutional Court shall be
possessed by the chambers of the Oliy Majlis, the President of the Republic of Uzbekistan,
the Speaker of the Legislative Chamber of the Oliy Majlis, the Chairman of the Senate of
the Oliy Majlis, the Jokargi Kenes of the Republic of Karakalpakistan, a group of deputies
not less than one fourth of the total number of the deputies of the Legislative Chamber
of the Oliy Majlis, a group of senators not less than one fourth of the total number of
the members of the Senate of the Oliy Majlis, the Chairman of the Supreme Court, the
Chairman of the Higher Economic Court and the General Prosecutor of the Republic
of Uzbekistan. A matter can also be introduced by the initiative of not less than three
judges of the Constitutional Court.
Article 20. Timetable of the hearing of the matters at the Constitutional Court
The Constitutional Court shall begin to examine the matter not later than seven day
period from the moment of receiving the materials provided they meet the specified
requirements.
The decision on the matter under consideration shall be made at the Constitutional
Court not later that three month from the moment of receiving the respective materials.
Article 21. Participants of the Constitutional Court session
The Constitutional Court session may be participated by the President of the Republic
of Uzbekistan, the Speaker of the Legislative Chamber of the Oliy Majlis, his deputies,
the Chairman of the Senate of the Oliy Majlis, his deputies, the Prime Minister, the
Chairman of the Jokargi Kenes of the Republic of Karakalpakistan, the Chairman of the
Supreme Court of the Republic of Uzbekistan, the Chairman of the Higher Economic
Court of the Republic of Uzbekistan, the General Prosecutor and the Minister of Justice
of the Republic of Uzbekistan. They shall be entitled to set forth their own positions
on all matters under consideration.
Article 22. Language of the judicial proceedings
The proceedings at the Constitutional Court shall be administered in the state language
of the Republic of Uzbekistan.
The participants of the session lacking the knowledge of the state language may
plead and make statements in native language and utilize the services of the interpreter.
Article 23. Summoning to the Constitutional Court sessions
The persons possessing the necessary information and materials, experts and specialists
may be summoned to the Constitutional Court sessions.
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Article 24. Reimbursement of the expenses of the experts, specialists and
interpreters
The experts, specialists and interpreters invited in connection with the hearing of
a case at the Constitutional Court shall be reimbursed for the expenses and paid
remuneration according to legislation.
Article 25. The Constitutional Court’s decision making
The Constitutional Court shall make the decision only on concrete matters under
consideration constitutionality of which is challenged.
The Constitutional Court may upon examination for the constitutionality of the
normative act simultaneously make a decision also in respect of the normative acts
based on the examined normative act or replicating its provisions even they have not
been mentioned in the matter introduced for the hearing of the Constitutional Court.
The decision of the Constitutional Court shall be made by open vote.
The judge shall not be entitled to abstain or not participate in voting.
The decision of the Constitutional Court shall be considered as made if the majority
of the judges attending the session has voted for it. In case when the votes split equally,
the presiding shall have the casting vote.
The judge of the Constitutional Court disagreed on the decision of the Constitutional
Court shall be entitled to express a dissenting opinion in writing and append it
to the minutes of the Constitutional Court sessions.
Article 26. Decision of the Constitutional Court
The decision of the Constitutional Court on the merits of the heard case on
constitutionality of an international treaty and normative act shall be named resolution.
The resolutions shall be issued by the Constitutional Court in the name of the Republic
of the Uzbekistan.
In other cases, the decision of the Constitutional Court shall be named conclusion
or may have other form.
Article 27. Publication of the decisions of the Constitutional Court and their
taking legal effect
The resolutions, conclusions and the other decisions of the Constitutional Court shall
be published in mass media.
The official publishing sources of the decisions of the Constitutional Court of the
Republic of Uzbekistan shall be “The Collection of Laws of the Republic of Uzbekistan”,
the newspapers “The Halq so’zi” and “The Narodnoe slovo” and “The Bulletin of the
Constitutional Court of the Republic of Uzbekistan”.
The decision of the Constitutional Court shall take legal effect from the moment
of publication.
The decision of the Constitutional Court shall be final and not subject to appeal.
122
Article 28. Review of the decision of the Constitutional Court
The decision of the Constitutional Court may be reviewed by itself unsolicited if:
the new significant circumstances unknown to the Constitutional Court at the
moment of making decision have come up;
the constitutional norm on the basis of which the decision was made has changed;
the Constitutional Court recognizes that it was made with the breach of the provided
procedures of the proceedings.
IV. OTHER MATTERS OF THE ORGANIZATION AND ACTIVITY OF THE
CONSTITUTIONAL COURT
Article 29. Administration of the Constitutional Court
For securing the activity of the Constitutional Court the administration of the
Constitutional Court shall be established. The structure and the staff of the administration
shall be approved by the Chairman of the Constitutional Court within appropriations
made available.
The procedure of establishing and conferment of class ranks to the officers of the
administration of the Constitutional Court shall be determined by the regulation
subject to approval by the Oliy Majlis of the Republic of Uzbekistan.
Article. 30. Financing the work of the Constitutional Court
Financing the works of the Constitutional Court shall be carried out throuhg the
government budget sources.
Article 31. Financial and social security of the judges of the Constitutional
Court
The financial and social security of the judges of the Constitutional Court associated
with remuneration of their labor, granting annual rest, the measures of the social
security of judges and the members of their families, compulsory state insurance
of the life and health of the judges shall be provided by the Law of the Republic of
Uzbekistan “On Courts”.
The salary of the judge of the Constitutional Court shall consist of post salary, supplemental
payments for qualification class, and years of service.
The judges of the Constitutional Court are exempted from the personal income tax
for the income received in connection with performance of official duties.
Article 32. Symbols of the judicial power of the Constitutional Court
At the convention hall of the Constitutional court, there shall be the image of the State
Emblem of the Republic of Uzbekistan, the State Flag of the Republic of Uzbekistan,
an issue of the Constitution of the Republic of Uzbekistan.
123
The judges of the Constitutional Court shall bench in special service dress.
The judge of the Constitutional Court shall be given the certificate, pattern of which
approved by the President of the Republic of Uzbekistan.
Article 33. Seal of the Constitutional Court
The Constitutional Court shall have the seal with the image of the State Emblem of
the Republic of Uzbekistan and own denomination.
The President of the Republic of Uzbekistan I. Karimov
Tashkent City
August 30, 1995
No 103-I
124
RULES OF PROCEDURE OF THE CONSTITUTIONAL COURT OF THE
REPUBLIC OF UZBEKISTAN
(passed by the Constitutional Court of the Republic of Uzbekistan on April 17, 2015)
The present Rules of Procedure shall determine the order of proceedings in the
Constitutional Court of the Republic of Uzbekistan (hereinafter referred to as the
Constitutional Court) and other matters of organization of the Constitutional Court
operations.
I. MAIN PROVISIONS
Article 1. Tasks of the Constitutional Court
The judicial overview over constitutionality of the acts of the legislative and executive
branches in order to provide paramountry of the Constitution of the Republic of
Uzbekistan shall be task of the Constitutional Court.
Article 2. Powers of the Constitutional Court
In accordance with the Constitution and the laws of the Republic of Uzbekistan the
Constitutional Court:
1) determine the compliance of the laws of the Republic of Uzbekistan and resolutions
of the chambers of the Oliy Majlis of the Republic of Uzbekistan, decrees of
the President of the Republic of Uzbekistan, resolutions of the government and the
local organs of state power, interstate treaty and other obligations of the Republic of
Uzbekistan with the Constitution of the Republic of Uzbekistan;
2) give the conclusion on the compliance of the Constitution of the Republic of
Karakalpakistan with the Constitution of the Republic of Uzbekistan, of the laws of the
Republic of Karakalpakistan with the laws of the Republic of Uzbekistan;
3) give interpretation of the norms of the Constitution and the laws of the Republic
of Uzbekistan;
4) hear other cases referred to its competence by the Constitution and the laws of
the Republic of Uzbekistan:
а) in compliance with Article 83 of the Constitution of the Republic of Uzbekistan, submit
draft law to the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan;
b) in compliance with Article 95 of the Constitution of the Republic of Uzbekistan,
issue agreement to the President of the Republic of Uzbekistan to make decision on
dissolution of the Legislative Chamber of the Oliy Majlis, the Senate of the Oliy Majlis
of the Republic of Uzbekistan;
c) in compliance with Article 13 of the Law of the Republic of Uzbekistan «On
Prosecutor’s Office», determine compliance of the orders and other acts of Prosecutor
General of the Republic of Uzbekistan (except acts of individual nature) to the Constitution
and laws of the Republic of Uzbekistan;
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d) in compliance with Article 16 the Law of the Republic of Uzbekistan «On the
Constitutional Court of the Republic of Uzbekistan», consider the matter of agreement
for arraignment on criminal or administrative liability, as well as taking into custody or
home arrest of the judge of the Constitutional Court;
e) in compliance with Article 17 of the Law of the Republic of Uzbekistan «On the
Constitutional Court of the Republic of Uzbekistan», suspend powers of the Constitutional
Court;
f ) in compliance with Article 11 of the Law of the Republic of Uzbekistan «On the
Constitutional Court of the Republic of Uzbekistan» accept the Rules of Procedure of
the Constitutional Court.
The Constitutional Court may consider other matters related to the organization
of its operations, too.
Article 3. Main principles of the Constitutional Court’s activity
The main principles of the Constitutional Court’s activity shall be adherence to the
Constitution of the Republic of Uzbekistan, independence, collegiality, publicity and
equality of the judges’ rights.
Article 4. Adherence to the Constitution of the Republic of Uzbekistan
When hearing the cases, The Constitutional Court shall be guided solely by the
Constitution of the Republic of Uzbekistan.
Article 5. Independence of the Constitutional Court
The Constitutional Court and its judges during their activity shall be independent and
submit solely to the Constitution of the Republic of Uzbekistan.
The judges of the Constitutional Court, while making a decision, shall express their
legal stand devoid of considerations of practical expediency, political inclinations and
other foreign influences.
Interference into the Constitutional Court’s activity shall be barred and entail liability
according to law.
Independence of the judges of the Constitutional Court shall be secured by procedure
of election of judges of the Constitutional Court established by the law and termination
of their powers, immunity of the judges, mandatory order of the constitutional judicial
proceedings, secret conference of the judges while reaching a decision, existence of liability
for dishonor for the Constitutional Court or interference with its activities, establishment
of necessary organizational and technical conditions for operations of the Constitutional
Court, as well as sufficient financial and social security of the judges.
Article 6. Collegiality
Hearing of cases and making decisions shall be conducted collegially at the Constitutional
Court.
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Article 7. Publicity
The Constitutional Court sessions, as a rule, shall be conducted publicly.
Article 8. Equality of the rights of the Constitutional Court judges
When hearing the matters by the Constitutional Court and voting on the matters under
consideration, Chairman, Deputy Chairman and the members of the Constitutional
Court, as judges, shall enjoy equal rights.
Article 9. Adversariality and equity of the parties
Hearing of the cases in the Constitutional Court shall be carried out on the basis of
adersariality and equity of the parties.
The parties enjoy equal rights and opportunities to present their stand with regard
of the case under hearing.
Article 10. Presumption of constitutionality of the legal acts
The legal acts shall be held constitutional unless its incompliance with the Constitution
of the Republic of Uzbekistan is not established by the decision of the Constitutional
Court passed as a result of the court proceedings.
Article 11. Provision of comprehensive, full, and objective examination of the
case circumstances while hearing the matters
While hearing cases, the Constitutional Court shall not be upheld by the arguments
of the parties. The Constitutional Court, not limiting itself with the presented materials,
explanations, and testimony, is obliged to take all measures for comprehensive,
full, and objective examination of the circumstances of the case, securing the rights
of parties, that of other participants, their due implementation of the responsibilities
they are charged with.
Article 12. Language of the judicial proceedings
The proceedings at the Constitutional Court shall be administered in the state language
of the Republic of Uzbekistan.
The participants of the session lacking the knowledge of the state language
may plead and make statements in native language and utilize the services of the
interpreter.
II. GENERAL MATTERS OF THE PROCEEDINGS AT THE
CONSTITUTIONAL COURT
Article 13. Organisational form of the constitutional court proceedings
The Constitutional Court shall hear the cases referred to its competence by the
Constitution and the laws of the Republic of Uzbekistan at the court sessions.
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The Court sessions shall be convened by the Chairman, in his absence — by Deputy
Chairman of the Constitutional Court, and in the case of absence of the Chairman of
the Constitutional Court and his deputy, or in the case of their inability to implement
their duties — by the eldest judge of the Constitutional Court.
Article 14. Structure of the Constitutional Court
The Constitutional Court shall have authority to hear cases at the court session at
participation of not less than four judges of the Constitutional Court (quorum).
Article 15. Constancy of the Constitutional Court
Cases shall be heard by the Constitutional Court, as a rule, in the same body of judges.
Article 16. Challenge of judge of the Constitutional Court and order of its
permission
The judge of the Constitutional Court may not participate in hearing of case if:
The judge participated earlier due to his office in preparation of the act constitutionality
of which is subject for examination;
The judge is relative of a party of other individual participating in the case;
The judge in person, directly or indirectly, has vested interest in the outcome of the
case or there are other circumstances evoking doubt about his impartiality.
At the presence of the circumstances specified in the part one of the present clause
must withdraw his candidacy prior to hearing of the case.
Challenge of the judge of the Constitutional Court shall be done through motivated
ruling passed by majority the judges participating in the session after hearing the
judge the matter of whose challenge must be addressed.
Article 17. Participants of the constitutional court proceedings
The following shall be participants of the constitutional court proceedings: the parties,
their representatives; witnesses; experts; specialists; translators, and other participants
of the constitutional court proceedings.
Article 18. Parties and their representatives
The parties in the constitutional proceedings are the government body or official
having submitted the matter for consideration by the Constitutional Court; the
government body or official having passed (issued) the legal act constitutionality of
which is subject to examination; the government body in whose competence are
the matters contained in the inter-state treaty of other obligation of the Republic
of Uzbekistan; the Chambers of the Oliy Majlis of the Republic of Uzbekistan, on
the cases on interpretation of norms of the Constitution and laws of the Republic
of Uzbekistan, and issuing the President of the Republic of Uzbekistan permission
on dissolution of the Legislative Chamber, the Senate of Oliy Majlis of the Republic
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of Uzbekistan; the Jokargi Kenes of the Republic of Karakalpakistan on the cases on
providing conclusion on compliance of the Constitution Республики Каракалпак-
стан to the Constitution Of the Republic of Uzbekistan, and the laws of the Republic
of Karakalpakistan to the Law of the Republic of Uzbekistan.
When hearing of a matter in the Constitutional Court is initiated by the judges of
the Constitutional Court, the government body whose application was the reason to
submit the matter shall be a party.
The party shall be entitled to have one or more representatives that represent its
interests in the Constitutional Court. When a matter is submitted for hearing in the
Constitutional Court by a group of deputies or senators, they must appoint one or
several representatives.
Advocates, specialists, and other individuals may act as representatives on the basis
of Power of Attorney issued by the party with specification of the powers.
Heads of the government bodies and legal entities specified in Parts one and two
of the present article, may act as representatives of parties ex officio. Representatives
of parties ex officio represent interests of the parties without Power of Attorney.
Article 19. Rights and obligations of the parties and their representatives
The parties and their representatives shall be entitles to examine all the materials of
the case; to voice their stand of the case; submit written opinions; to move, including
on challenging the judge, appointment of expert examination, summoning witnesses,
experts, and specialists to the court; to nominate to experts and specialists; ask the
participants of the constitutional proceedings questions.
The parties and their representatives must report on the summoning of the Constitutional
Court; to be respectful to the participants of the constitutional proceedings
at the court session; provide explanations and answer the questions of the Presiding
judge at the court session, other judges of the Constitutional Court, and participants
of the constitutional proceedings; obey ordinances of the Presiding judge at the court
session on keeping order.
Article 20. Other participants of the constitutional proceedings
the President of the Republic of Uzbekistan, the Speaker of the Legislative Chamber of
the Oliy Majlis, his deputies, the Chairman of the Senate of the Oliy Majlis, his deputies,
Prime Minister Of the Republic of Uzbekistan, the Chairman the Jokargi Kenes of the
Republic of Karakalpakistan, the Chairman of the Supreme court of the Republic of
Uzbekistan, the Chairman of the Higher Economic Court of the Republic of Uzbekistan,
Prosecutor General and Minister of Justice of the Republic of Uzbekistan may take part
in the sessions of the Constitutional Court.
The officials specified in the part one of the present article shall be entitled to examine
all the materials of the case; to voice their opinion on the case; submit written
opinions; ask the participants of the constitutional proceedings questions.
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Members of the Research and Consultation Council under the Constitutional
Court, scholars, political and public figures, deputies, judges, representatives of the
international organizations, the government bodies, public associations, research and
higher educational institutions may take part in the Constitutional Court sessions
under invitation of the Chairman of the Constitutional Court or the Presiding judge at
the court session. They may voice their opinion on the case upon permission of the
Presiding judge at the court session.
Article 21. Witness, his rights and obligations
The witness is an individual who possesses necessary information or materials on the
circumstances significant for resolution of the case in the Constitutional Court.
The witness shall be entitled to use notes, documents, and other materials while
testifying that may be subjoined to the case file under his move; to obtain reimbursement
of the incurred expenses related to his appearance in the Constitutional Court.
The witness is obliged to appear under summoning of the Constitutional Court;
testify truly and in full on the information on the case in hearing known to himself;
submit the respective materials he disposes upon request from the court; to answer
questions of the Presiding judge at the court session, other judges of the Constitutional
Court, and the participants of the constitutional proceedings.
Before testifying at the court session, the witness takes obligation of the following
meaning:
«I pledge to testify at the Constitutional Court of the Republic of Uzbekistan truly
and fully on information and materials relating to the case in hearing know by myself
and truly and fully answer questions».
The undertaking shall be signed by the witness and transmitted to the clerk of the
court session to subjoin to the records of the court session.
Article 22. Expert, his rights and obligations
The expert is an individual not interested in the outcomes of the case possessing
special knowledge in the matters subject to resolution by the Constitutional Court
and involved to provide expert opinion.
The expert shall be entitled to examine the materials of the case related to the
matter of expert examination and make notes on necessary information; move on
providing additional materials necessary for providing expert opinion; to ask, under
permission of the Presiding judge at the court session, the participants of the court
session questions in the part necessary to provide expert opinion; to be reimbursed
for incurred expenses and receive remuneration for the work done outside the scope
of his job responsibilities.
The expert shall be obliged to provide objective and grounded opinion on the
questions posed by the Constitutional Court; to appear upon summoning of the
Constitutional Court; to explain the meaning of the prepared opinion; to answer truly
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and in full the questions of the Presiding judge at the court session, other judges of
the Constitutional Court, and the participants of the constitutional proceedings.
Before speaking at the court session, the expert takes obligation of the following meaning:
«I pledge to provide the Constitutional Court of the Republic of Uzbekistan with
the objective and grounded opinion based on examination of provided materials
and truly and fully answer questions according to my knowledge and qualifications».
The undertaking shall be signed by the expert and transmitted to the clerk of the
court session to subjoin to the records of the court session.
Article 23. Specialist, his rights and obligations
The specialist is an individual not interested in the outcomes of the case possessing
special knowledge in the matters subject to resolution by the Constitutional Court
and involved to provide expert opinion.
The specialist shall be entitled to know the purpose of his summoning to the
Constitutional Court, to examine the materials of the case related to the matter of
his examination; to ask, under permission of the Presiding judge at the court session,
the participants of the court session questions in the part necessary to provide his
opinion; to obtain necessary information; to be reimbursed for incurred expenses and
receive remuneration for the work done outside the scope of his job responsibilities.
The specialist shall be obliged to appear in the Constitutional Court upon summoning;
to answer truly and in full the questions of the Presiding judge at the court
session, other judges of the Constitutional Court, and the other participants of the
constitutional proceedings.
Before speaking at the court session, the specialist takes obligation of the following meaning:
«I pledge to truly and fully answer questions based on examination of provided
materials according to my knowledge and qualifications».
The undertaking shall be signed by the specialist and transmitted to the clerk of
the court session to subjoin to the records of the court session.
Article 24. Translator, his rights and obligations
The specialist is an individual not interested in the outcomes of the case mastering the
languages knowledge of which is necessary for translation and participating in the
court session in the cases, when a participant of the constitutional proceedings does
not know or knows insufficiently the language of the constitutional proceedings, as
well as for translation of written documents.
The translator shall be entitled, under permission of the Presiding judge at the court session,
to ask the participants of the constitutional proceedings questions in order to clarify the
meaning of the word and expressions he translates; to be reimbursed for incurred expenses
and receive remuneration for the work done outside the scope of his job responsibilities.
The translator shall be obliged to appear in the Constitutional Court upon summoning,
provide precise and full translation he is charged with.
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Before translating, the translator takes obligation of the following meaning:
«I pledge to provide precise and full translation I am charged with».
The undertaking shall be signed by the specialist and transmitted to the clerk of
the court session to subjoin to the records of the court session.
Article 25. Court expenses
The court expenses consist of the amounts due for payment to the experts, specialists,
witnesses, translators, as well as of other expenses related to hearing the case.
Expenses of experts, specialists, and translators involved in connection of hearing
of the cases in the Constitutional Court shall be reimbursed and remuneration shall
be paid in accordance with the laws.
Expenses connected with appearance of the witnesses at the court sessions shall
be reimbursed in accordance with the laws.
Article 26. Timetable of the hearing of cases
The Constitutional Court shall begin to examine the matter not later than seven day
period from the moment of receiving the materials provided they meet the specified
requirements.
The decision on the matter under consideration shall be made at the Constitutional
Court not later that three month from the moment of receiving the respective materials.
III. SUBMISSION OF THE MATTER FOR HEARING IN THE
CONSTITUTIONAL COURT. PRELIMINARY EXAMINATION AND
PREPARATION OF THE MATTER FOR HEARING
Article 27. Right to introduce a matter to the Constitutional Court
The right to introduce a matter for the hearing of the Constitutional Court shall be
possessed by the chambers of the Oliy Majlis, the President of the Republic of Uzbekistan,
the Speaker of the Legislative Chamber of the Oliy Majlis, the Chairman of the Senate of
the Oliy Majlis, the Jokargi Kenes of the Republic of Karakalpakistan, a group of deputies
not less than one fourth of the total number of the deputies of the Legislative Chamber
of the Oliy Majlis, a group of senators not less than one fourth of the total number of
the members of the Senate of the Oliy Majlis, the Chairman of the Supreme Court, the
Chairman of the Higher Economic Court and the General Prosecutor of the Republic
of Uzbekistan. A matter can also be introduced by the initiative of not less than three
judges of the Constitutional Court.
Article 28. Requirements to the matter to be introduced for hearing at the
Constitutional Court
The matter shall be introduced for hearing at the Constitutional Court by collegial bodies
based on their decision made as established by the laws. The matter introduced for hearing
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at the Constitutional Court by the official specified in Article 27 of the present Rules of
Procedure shall be done in written. Such an application shall be signed by the relevant
official. Introduction of the matters by the initiative of judges of the Constitutional Court
shall be done in the form of initiative application signed by those judges.
The following must be specified in the decision or application on introduction of
a matter for hearing in the Constitutional Court:
the exact name, reference number, data of passing, source of publication, and other
data on the act subject to examination;
the grounds for hearing the matter in the Constitutional Court;
the stand on the posed matter and legal justification with reference to the relevant
norms of the Constitution Of the Republic of Uzbekistan;
the necessary data on introducing person, his powers, except for the cases, when
introduction is done ex officio;
the list of attached documents.
Article 29. Materials attached to the introduced matter
The following shall be attached to the decision or application addressed to the
Constitutional Court:
the text of the act subject to examination or that of the norm of the Law of the
Republic of Uzbekistan subject to interpretation;
the Power of Attorney or other document confirming powers of the introducing
person, except for the cases, when introduction is done ex officio;
translation of all the documents and other materials written in the languages other
than the state language into the state language;
when the matter is introduced by the reason of application of an individual or legal
person not entitled to introduce the matter for hearing in the Constitutional Court,
a copy of such application.
The lists of witnesses, experts, and specialists who are proposed to be summoned
to the court session, as well as other documents and materials may be attached to
the application.
Article 30. Preliminary examination of the matter
The filed decision or application on introducing a matter for hearing in the Constitutional
Court shall be subject for mandatory registration in compliance with the rule of
proceedings in the Constitutional Court.
The Chairman of the Constitutional Court shall charge one or several judges of the
Constitutional Court to examine preliminarily the filed decision or application for its
compliance with the requirements set force by the laws and the present Rules, and
prepare the case for hearing.
Having implemented the task the judge shall report to the Chairman of the Constitutional
Court on the results of examination and readiness of the case for hearing.
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Having heard the judge’s opinion of readiness of the case for hearing the Chairman
of the Constitutional Court shall convene the session of the Constitutional Court for
making decision on acceptance of the matter for hearing.
Article 31. Acceptance of the case for hearing
The ruling shall be passed on acceptance of the case for hearing that shall address the
matters of the beginning of the proceedings, appointment of presenting judge on the
case, procedure of hearing, as well as other matters in connection with preparation
of the case for hearing.
The participants of the constitutional proceedings shall be notified on the passed
ruling within three days.
Article 32. Refusal to accept the matter for hearing
The Constitutional Court shall refuse to accept the matters for hearting, if:
resolution of the submitted matter is not within the scope of the Constitutional Court;
the matter had been introduced by unauthorized government body or official;
on the matter of application to the Constitutional Court, decision had been made
earlier still in force, except for the cases of presence of the ground for re-consideration
of the Constitutional Court’s decisions.
The ruling of the Constitutional Court shall be passed on refusal to accept the
matter for hearing.
Article 33. Withdrawal of the introduced matter
The matter introduced for hearing by the Constitutional Court may be withdrawn before
beginning of the hearing of the case at the court session. In the case of withdrawal of
the matter, the proceedings on the case shall be discontinued.
Article 34. Merger and demerger of the cases
The matters introduced in the Constitutional Court, shall be heard, as a rule, in separate
proceedings.
For the purpose of comprehensive, full, and objective consideration of the cases,
the Constitutional Court shall be entitled to merge and/or demerge cases.
Article 35. Powers of the Chairman of the Constitutional Court on preparation
of the case for hearing
The general supervision over preparation of the case for hearing at the court session
shall be carried out by the Chairman of the Constitutional Court.
The Chairman of the Constitutional Court shall define scope of persons to be invited
to the court session, commission tasks on organization of the court session, as well as
on sending necessary material to the participants of the constitutional proceedings
and handing them over to the judges.
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Article 36. Powers of presenting judge on preparation of the case for hearing
The presenting judge, while preparing the case for hearing at the court session, according
to the powers of the Constitutional Court, shall:
prepare proposals on sending requests of the Constitutional Court in the government
bodies, other organizations, officials, as well as carrying out other preparatory
actions necessary for hearing of the case;
in the case of necessity, examines the materials of the case in person visiting the
site, as well as hold consultations with specialists;
develop a reference memo and prepare other materials on the case;
address other matters relating to the case.
Article 37. Binding power of the requests of the Constitutional Court
The requests of the Constitutional Court shall be binding for the government bodies,
public associations, enterprises, institutions, officials, and citizens.
Article 38. Notification on the court session. Dispatch of the materials
The notification on the court session, copies of the decisions or applications on
introducing the matter for hearing in the Constitutional Court, and received
opinions shall be sent to the judges of the Constitutional Court and parties not
later than nine days prior to the beginning of the session. The notification on the
court sessions and information memo on the case in question shall be sent to
other participants of the constitutional proceedings not later than a week prior
to the beginning of the session.
IV. HEARING OF THE CASE AT THE SESSION OF THE CONSTITUTIONAL
COURT
Article 39. Location of holding the court session
The court session shall be held in the place of permanent residence of the Constitutional
Court.
The Constitutional Court may hold the court session in different place, if finds it
necessary.
Article 40. Procedures of holding the court session
The court session shall be held in compliance with the present Rules of Procedure.
When the judges of the Constitutional Court enter in and exit from the court
session room, all the participants of the court session shall rise. All the participants of
the court session and other persons attending in the session room must respect the
Constitutional Court and established rules of the court proceedings and etiquette,
obey the ordinances of the Presiding judge at the court session on respecting the
order of the session.
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The participants of the court session address the Constitutional Court, provide
explanations, testify, move, and ask questions standing. Deviation of this rule shall be
allowed under permission of the Presiding judge in the court session.
The participants of the court session, while hearing of the case in open court session,
shall enjoy the right to document the course of the court session from their seats in
the session room. In this circumstance, audio records, photo, video records, as well as
TV and radio translation of the court session shall be allowed upon permission of the
Presiding judge at the court session. These actions must not hamper the course of
court session and may be limited in time by the Presiding judge at the court session.
Violation of the order at court session, disobeying to the ordinances of Presiding
judge at the court session on respecting the order, neglect of the rules established in
the Constitutional Court entail liability as established by the laws.
Article 41. The Presiding judge at the court session and his powers
The Chairman of the Constitutional Court shall preside at the court sessions, in his
absence or under his commission — the Deputy Chairman of the Constitutional
Court and in the case of absence of the Chairman and the Deputy Chairman or their
impossibility to fulfill their duties — the eldest judge of the Constitutional Court.
The Presiding judge at the court session shall run the session. He shall take all necessary
measures to secure comprehensive, full, and objective consideration by means of:
providing the parties and their representatives with equal opportunities to deliver
explanations on the all circumstances of case, to justify their arguments, and ask
questions each other in order to reveal and clarify their stands;
checking and evaluation by the court of oral and written opinions of the experts;
hearing the opinions of the specialists summoned to the court for testifying on
the case;
providing the parties and other participants of the constitutional proceedings with
the opportunity to ask experts, specialists, and witnesses questions on the circumstances
of the case in hearing;
analysis, by the Constitutional Court, of documents produced by the parties and
other participants of the court session, as well as requested by the court;
documentation of the course and results of the court deliberation.
The Presiding judge at the court session shall eliminate form the deliberation all
that has not relation to the case in hearing. He shall be entitled to interrupt the speech
of a party or its representative, other participants of the constitutional proceedings, if
the speaker goes outside the bounds of the subject of the matter in hearing or allows
statements rough in form or content, violates the rules of proceeding established in
the court.
The Presiding judge at the court session shall lead the conference of the judges of
the Constitutional Court in the chambers providing them with opportunity for free
and unimpeded voicing their opinions.
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Article 42. Powers of the judge in hearing the case in the court session
The judge of the Constitutional Court participating in the court session shall be entitled to:
ask the parties, their representatives, other participants of the constitutional proceedings
questions;
receive explanations from the participants of the constitutional proceedings on
the merit of the matter under consideration in the court session;
submit proposals, move;
voice his opinion of procedure matters.
The judge of the Constitutional Court cannot be suspended from participation in
the court session, if his powers are suspended or terminated as established by the laws,
except for the cases of redressal of the judge’s letter on non-acceptance of nomination
or move on his challenge in accordance with the present Rules.
Article 43. Power of the court session clerk
The court session clerk shall be appointed from among employees of staff of the
Constitutional Court as established by the Constitutional Court.
On the commission of the Presiding judge at the court session, the clerk of the
court session shall:
check appearance of the court session participants, identify the reasons of non-appearance,
and report that to the Constitutional Court;
implement tasks from the Presiding judge at the court session;
take records of the court session and provide its timely documentation;
implement other actions necessary for carrying out the court session and hearing
the case at the session.
Article 44. Records of the court session
Records shall be taken at the court session. The following must be contained in the records:
time and place of the court session;
the body of court and clerk of the court session;
agenda;
data on the participants of the court session;
actions of the Constitutional Court in the order they took place, their results;
explanations of the parties and their representatives;
testimonies of witnesses, opinions of the experts and specialists, questions they
were asked and answers to the questions;
statements of other participants of the constitutional proceedings;
information on facts and circumstances that the participants of the court session
requested to certify in the records;
wordings of protocol decisions made by the Constitutional Court.
If during the court session audio and/or video recording was employed, then audio or
video files shall be enjoined to the records of the court session which is noted in the records.
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The participants of the court session shall be entitled to move for the facts and
circumstances they consider essential for the case be entered into the records.
All the amendments and compliments must be stipulated in the records.
The records must be documented within five days since end of the session.
The records of the court session shall be signed by the Presiding judge at the court
session and clerk of the court session and enjoined to the files of the case.
Parties and their representatives shall have the right to get familiarized with the
court session records and make comments regarding the records, which shall be
reviewed by the Presiding judge unilaterally within ten days. The Presiding judge
in the court session upon review of stated comments regarding the court session
records shall render a decision on entering the comments in the records or denying
the motion.
Article 45. Directness of case review and continuity of court session
In reviewing cases the Constitutional Court directly hears explanations of parties, their
representatives, witness testimonies, expert evaluations, specialist opinions, speeches
by other participants of the constitutional court proceeding, and announces the
necessary documents.
Documents, at the disposal of judges and parties, may be left unannounced, if the
content thereof is stated verbally in the course of the court proceeding. However, if any
of judges or court proceeding participants insists on their full or partial announcement,
it shall be done by decision of the Presiding judge at the court session.
The Constitutional Court hearing on each case lasts, as a rule, continuously, except
the time, allocated for rest or preparation of closing statement of the hearing participants.
A recess in the hearing can be announced upon the motion of either party
for additional examination of the materials, introduced by the other party, as well as
in cases when circumstances impeding the normal course of the proceeding arise.
Article 46. Adjourning of court hearing
The Constitutional Court hearing shall be adjourned in cases:
if the case the Court considers is not properly built;
of non-appearance in the hearing of a party, representative thereof, witness, expert,
specialist, interpreter, whose appearance has been declared mandatory, if their absence
may impact the adjudication of the case;
of failure to introduce or untimely introduction of documents or other materials, if
they are of substantial meaning for the case adjudication;
if the Constitutional Court judge, a party, or representative of a party moves for
adjournment, due to the necessity of additional examination of case materials;
of absence of quorum of the Constitutional Court judges in the court session;
of presence of other circumstances impeding comprehensive, full and objective
adjudication of the case, including in cases of violation of court proceeding rules.
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The Constitutional Court shall render a resolution on adjourning the hearing by
simple majority of the Constitutional Courtjudges present at the session. The Constitutional
Courtshall set a date to which the hearing is postponed.
The hearing shall resume from the moment at which it has been adjourned. Witnesses,
experts, specialists who have already testified before the Constitutional Court
shall be called only if the Court considers it necessary.
Article 47. Opening of the court session
The Presiding judge at the session, upon verification that no basis for adjourning the court
hearing exists as provided in part one of Article 46 of the present Rules of Procedure,
shall open the session and announce the panel of the Constitutional Court, the case for
hearing, who is participating in the case as a party, party representative, witness, experts,
specialist, interpreter and other participants of constitutional court proceeding.
Article 48. Verification of appearance of the hearing participants, their
identification and powers
Upon prompting by the Presiding judge at the court session, the clerk secretary of the
court session shall announce the appearance of the hearing participants.
The clerk at the court session shall announce which participants of the hearing
failed to appear, whether the subpoenas have been served them in a timely manner
and what information is available on reasons of non-appearance.
The Presiding judge at the court session when necessary shall identify the participants
present at the session, the powers of party representatives acting on the Power of Attorney
or other type of document, authorizing to represent the interests of the appropriate party.
Article 49. Consequences of non-appearance of the court session participants
In case of non-appearance of a party(parties) or representatives thereof at the court
session the Constitutional Court shall rule on commencing or adjourning the hearing.
If the official who is a party in the proceeding failed to appear in the hearing or in
the case of absence of properly documented powers of a party representative, the
Presiding judge at the court session brings up for discussion of judges the issue of
hearing the case ex parte or in the absence of the party representative.
In case of non-appearance of any witnesses, experts or specialists at the court
session the Constitutional Courtshall hear statements of the parties about the possibility
of hearing the case in their absence. After that the Court renders a resolution on
continuing or adjourning the hearing.
Article 50. Reading the participants of the court session their rights and
responsibilities
The Presiding judge at the court session shall explain the interpreter his/her responsibility
to fully and accurately interpret statements of the judge, explanations and statements
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of case participants, orders of the presiding judge at the court session, documents
announced at the hearing, questions asked at the hearing and answers to them, as
well as decisions of the Constitutional Court.
The Presiding judge at the court session shall explain the hearing participants their
rights and responsibilities. Besides, experts, specialists and witnesses shall be advised
on the legal responsibility for unconscientious performance of duties, and experts and
witnesses — on the liability for failure to perform the duties.
Article 51. Motions by court proceeding participants and the procedure of
motion review
The Presiding judge at the court session shall ask the hearing participants whether they
have motions requesting additional materials, calling other witnesses and invitation
of new experts and specialists to the hearing.
In case of filing such motions in writing, they are announced during the hearing and
enjoined to the case materials. Oral motions shall be included in the court proceeding records.
Article 52. Statement of the Presenting judge and setting the procedure of
case materials examination
Case review shall begin with the statement of the Presenting judge, who states the
subject-matter of the case, basis for the review, brief content of case materials in court’s
disposal and informs about the preparation work that has been done on the issue.
The Presenting judge in his statement shall not have the right to analyze arguments
stated in the proposal and give the assessment.
Upon completion of the statement of the Presenting judge the Constitutional
Court shall hear proposals by the parties and make decision on the procedure of the
case materials review.
The procedure of the case materials examination established by the Constitutional
Court shall be changed only by the Constitutional Court. Proposals made in the course
of court hearing by judges of the Constitutional Court, relative to the procedure of
case materials examination shall be reviewed by the Constitutional Court immediately.
Article 53. Explanation of parties and representatives thereof
Then the Presiding judge at the court hearing offers the parties to provide explanations
on the merits of the case in hearing.
First the party that introduced the matter for the Constitutional Court review, or
its representative shall make astatement, after that the Presiding judge at the court
session shall give the opportunity to make a statement to the other party or its representatives.
In case when a party’s position is advocated by several representatives,
the order of their statements shall be determined by that party.
The party that introduced the issue for the Constitutional Court review, as well as its
representative in their statements shall present the subject-matter of the issue intro-
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duced for the Constitutional Court review, legal arguments and evidence supporting
their position. The other party or its representatives present their objections on the
subject-matter, legal arguments and evidence in their support.
After statements of each party, their representatives the Presiding judge at the
court session shall give the opportunity to judges to put questions for parties and
their representatives; then the right to put questions for the party which made the
statement shall be given to the other party and its representatives.
Experts and specialists may put questions for the parties and their representatives,
when it is necessary to make expert evaluation or give specialist opinion.
Article 54. Examination of documents and other written case materials
By the proposal of the presiding judge at the court session the Presenting judge shall announce
documents and other written case materials. After that the parties, their representatives may
provide explanations relative to the announced documents and other materials.
Documents that have been provided in advance to the Constitutional Court judged
and parties, their representatives or the ones the content of which have been stated
in the course of the hearing do not need to be announced.
After examination of the case materials the Presenting judge at the court session
[shall advise the participants of ] court session on their right to move for complementing
the case materials.
Article 55. The order of witness calling
The order of calling witnesses shall be determined by the Constitutional Court.
The Presiding judge at the court session proposes the witness to tell everything
that the witness knows on the subject-matter of the case. Witnesses can be asked
questions. First questions are shall be asked by the party or its representative that
called the witness, then questions are asked by the other party or its representative, as
well as other participants of the hearing. For witnesses called by the court’s initiative
first questions are put by the party that introduced the issue to the Constitutional
Court review, and its representative. Judges shall have the right to put questions for
witnesses at any time.
The court may skip calling other witnesses, if it acknowledges that circumstance
to be established by the witnesses have been already fully established.
Article 56. Expertevaluation. The order of calling experts and specialists
The Constitutional Court may appoint an expert evaluation, which shall be conducted
by scientific organizations or certain specialists, who possess the necessary expertise
and enough work experience in the appropriate field. Issues to be evaluated by experts
shall be determined by Presenting judge or the Constitutional Court.
The order of calling experts, specialists in the court hearing shall be determined
by the Constitutional Court.
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The Presiding judge at the court session proposes the expert to read the expert
evaluation or specialist opinion on the reviewed issue.
Experts, specialist may be asked question in the order, provided in part two of article
55 of the present Rules of Procedure.
Article 57. Testimony of other participants of constitutional court proceeding
Upon examination of presented materials, explanations of parties and their representatives,
witness testimonies, expert evaluations, specialist opinions, the Court moves to hear
other participants of constitutional court proceeding, if those participants wish to
make statements.
Article 58. Closing statements of parties and their representatives
Parties and their representatives may make closing statements, which shall consist of
analysis of materials and evidence that have been reviewed during the hearing, their
legal assessment and meaning for the case adjudication, as well as conclusions and
proposals of parties that they ask the Court to take into account in rendering a decision.
Article 59. Resuming of case materials review
After the closing statements of the parties, if the Constitutional Court deems necessary
to explore new circumstances that have substantial significance for the proper case
adjudication, or review new evidence, it can announce a recess of the session and
postpone the case review.
Article 60. Dismissal of court proceeding
Court proceeding on the case can be dismissed in the following cases:
If in the course of hearing the basis for denying the petition for review was discovered;
If the law or certain provision of the law has lost its force or has been repealed after
the court proceeding began;
If in the course of hearing it is established that the issue within scope of a law or
other legal act, international treaty or other commitment of the Republic of Uzbekistan,
which constitutionality is proposed to examine has not found its solution in the
Constitution or is not in the scope of constitutional matters by its essence.
On the dismissal of the proceeding the Constitutional Courtshall adopt a resolution.
Repeated introduction to the Constitutional Court of the issue the proceeding on which
has been dismissed, shall be allowed f the circumstances mentioned in the resolution
of the Constitutional Court as the basis for dismissal of the proceeding are eliminated.
Article 61. Announcing the conclusion of case review
Upon completion of the review of all materials the Presiding judge at the court session
shall announce the conclusion of case review, and inform that the decision of the
Constitutional Court will be published within the terms established in the law. If the
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Constitutional Court deems necessary to announce the decision, the presiding judge at
the court session announces the place, date and time of the decision announcement.
V. DECISIONSOF THE CONSTITUTIONAL COURT
Article 62. Decrees, findings and resolutions of the Constitutional Court
The Constitutional Court on the merits of the case on constitutionality of law and
international agreement shall adopt a decree. The decree shall be adopted by the
Constitutional Court as an act of the Republic of Uzbekistan.
In other cases decision of the Constitutional Court shall be called a finding or have
other form.
On procedural matter of court session the Constitutional Court shall adopt resolutions.
Article 63. Procedure of judges’ deliberation for rendering a decisions
The Constitutional Court shall adopt a decision on reviewed cases in closed deliberation
session. Only judges of the Constitutional Court, who reviewed the case shall participate
in deliberations.
During deliberations the Constitutional Court judge has the right to freely express
his/her position on the reviewed case and ask other judges to clarify their positions. The
number and duration of judge statements shall not be limited. Finishing deliberations
the presiding judge at the court session shall bring the proposed decision to voting.
Article 64. Rendering decision
Decision of the Constitutional Courtshall be adopted by open voting. The vote is taken
by asking the judges by name. The Presiding judge at the court session votes the last.
Judge cannot abstain or refuse to participate in voting.
Decision of the Constitutional Courtshall be considered adopted if the majority of
judges present in the session voted for it. Incase when votes are divided equally the
vote of the Presiding judge at the court shall be the determining vote.
Judges shall not have the right to disclose the content of deliberations and results of voting.
Decision of the Constitutional Court on merit of the reviewed case shall be adopted
not later than three months from the moment of receiving the relevant materials.
Article 65. Special opinion of the Constitutional Court judge
Judge of the Constitutional Court dissenting the adopted decision shall have the right
to write special opinion, which shall be enjoined in the record of the Constitutional
Court session.
Article 66. Content of the Constitutional Court decision
Decision of the Constitutional Court, asarule, consists of introduction, description,
reasoning and disposition parts.
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Introduction part has:
title of decision;
date and place of decision;
panel of the Constitutional Court that rendered decision;
necessary information on participants of the court proceeding;
statement of the issue, reasons for review;
provisions of the Constitution of the Republic of Uzbekistan and of the Law of
the Republic of Uzbekistan “On Constitutional Court of the Republic of Uzbekistan”,
establishing the power of the Constitutional Court to review the case.
Description part shall have brief description of the issue for review and questions
set by parties.
Reasoning part has:
Circumstances of the case, established by the Constitutional Court and grounds
for the decision;
Laws that guided the Constitutional Court.
Disposition part has the decision statement, finality and mandatory nature of the
decision, procedure of entering into legal force and publication.
Article 67. Publication of decisions of the Constitutional Court
Decrees, findings and other decisions of the Constitutional Court shall be published
in the mass media.
The official sources of publication of decisions of the Constitutional Court of the
Republic of Uzbekistan are “Compilation of Legislation of the Republic of Uzbekistan”,
newspapers “Khalk Sozi” and “Narodnoe Slovo”, as well as “Bulletin of the Constitutional
Court of the Republic of Uzbekistan”.
Article 68. Dissemination of the Constitutional Court decisions
Decisions of the Constitutional Court shall be forwarded to the parties, as well as the
President of the Republic of Uzbekistan, Presenting of the Legislative Chamber of
Oliy Majlis of the Republic of Uzbekistan, Chairman of the Senate of the Republic of
Uzbekistan, Prime Minister of the Republic of Uzbekistan, Chairman of Jokargi Kenes
of the Republic of Karakalpakstan, Chairman of the Supreme Court, Chairman of the
Higher Economic Court, Prosecutor General, and Minister of Justice of the Republic
of Uzbekistan. Decisions of the Constitutional Courtmay also be forwarded to other
persons pursuant to a notice of the Constitutional Court Chairman.
Article 69. Legal force of the Constitutional Court decisions
Decisions of the Constitutional Courtshall enter into force from the date of its publication.
Decisions of the Constitutional Court shall be final and is not subject to appeal.
Decisions of the Constitutional Court shall be mandatory for all government agencies,
public associations, enterprises, institutions, organizations, officials and citizens.
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Article 70. Review of decisions of the Constitutional Court
Decisionof the Constitutional Courtmay be reviewed by the Court by the Court’s initiative, if:
substantive circumstances have been discovered, unknown to the Constitutional
Court at the time of rendering decision;
the constitutional provision which served as abasis for the rendered decision has changed;
the Constitutional Court acknowledges that a decision has been rendered in violation
of established procedural rules.
VI. PROCEDURAL RULES FOR CERTAIN CATEGORIES OF CASES
Article 71. Court proceeding in cases of review the constitutionality of laws
The Constitutional Court shall render decision only on certain laws, the constitutionality
of which is challenged.
The Constitutional Court, upon reviewing the constitutionality of certain law, may
also simultaneously render a decision regarding the laws based on the reviewed law
or repeating its provisions, even though the latter were not included in the issue introduced
for the Constitutional Courtreview.
The Constitutional Court by reviewing the constitutionality of law in full or its part
shall determine its conformity to the Constitutionof the Republic of Uzbekistan:
by substance of provisions;
by form of the law;
from the standpoint of delineation of powers of government agencies and officials
determined in the Constitution of the Republic of Uzbekistan;
by the order of adoption (publication) of the act, as well as its official publication
and entering into force.
On the results of case review the Constitutional Court shall adopt one of the following decrees:
on announcing law or its part as contradictory to the Constitutionof the Republic
of Uzbekistan;
on announcing law or its part in conformity with the Constitution of the Republic
of Uzbekistan.
Laws and their parts, announced by the Constitutional Court as contradictory to
the Constitutionof the Republic of Uzbekistan, shall be void and cannot be enforced.
On results of case review on constitutionality of laws of the Republic of Uzbekistan
the Constitutional Court along with announcing law of the Republic of Uzbekistanor
its part in conformity with the Constitution of the Republic of Uzbekistan, has the right
to issue official interpretation of the provision of the law, if it finds that the practice of
wrong enforcement of the law or its part exists.
Article 72. Court proceeding on cases of review of constitutionality of
international treaty or other obligation of the Republic of Uzbekistan
The limits of conformity of international agreement or other obligation of the Republic
of Uzbekistan to the Constitution of the Republic of Uzbekistan, shall be established
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by part three of Article 71 of the present Rules of Procedure, taking into account the
peculiarities of the case.
On the results of case review the Constitutional Court shall adopt one of the following
decrees:
on announcing international treaty or other obligation of the Republic of Uzbekistan
as contradictory to the Constitutionof the Republic of Uzbekistan;
on announcing international treaty or other obligation of the Republic of Uzbekistan
in conformity with the Constitution of the Republic of Uzbekistan.
Article 73. Proceeding on cases requesting to evaluate the conformity of the
Constitution of the Republic of Karakalpakstan to the Constitution of the
Republic of Uzbekistan, laws of the Republic of Karakalpakstan — to laws of
the Republic of Uzbekistan
The limits of determination of conformity of the Constitutionof the Republic of
Karakalpakstan to the Constitution of the Republic of Uzbekistan, laws of the Republic of
Karakalpakstan— to laws of the Republic of Uzbekistanshall be established by part three
of article 71 of this Rules of Procedure, taking into account the peculiarities of the case.
On results of cases review the Constitutional Court shall adopt one of the following findings:
on announcing the Constitution of the Republic of Karakalpakstan or its part contradictory
to the Constitutionof the Republic of Uzbekistan;
on announcing the Constitution of the Republic of Karakalpakstan or its part in
conformity with the Constitution of the Republic of Uzbekistan;
on announcing the law of the Republic of Karakalpakstan or its part contradictory
to the lawof the Republic of Uzbekistan;
on announcing the law of the Republic of Karakalpakstan or its part in conformity
with the lawof the Republic of Uzbekistan.
Article 74. Proceeding on cases on interpretation of provisions of the
Constitution and laws of the Republic of Uzbekistan
Official interpretation of provisions of the Constitution and laws of the Republic of
Uzbekistan shall be issued in case of finding ambiguities in them, and improper or
contradictory enforcement practice.
Decisions or petitions on introducing an issue for official interpretation of norms
of the Constitution and laws of the Republic of Uzbekistan shall have reasons for and
evidence of ambiguities, and improper or contradictory enforcement practice.
On results of case review the Constitutional Court shall adopt a decision, the disposition
part of which shall have the official interpretation of the clause of the Constitution
or of law of the Republic of Uzbekistan.
In the process of official interpretation of the Constitution and laws of the Republic
of Uzbekistan the introduction of addenda, amendments, complements aimed at
clarification of clauses shall not be allowed.
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Article 75. Proceeding on cases of introduction of draft law to the Legislative
Chamber of Oliy Majlis of the Republic of Uzbekistan
The Constitutional Court shall have the right to bring legislative initiative on issues
within the scope of its powers.
Draft law shall be prepared in accordance with the Law of the Republic of Uzbekistan
“On the Procedure of Preparation of Draft Laws and their Introduction to the Legislative
Chamber of the Republic of Uzbekistan”.
On the results of case review the Constitutional Court shall adopt a decision on
introduction of the draft law to the Legislative Chamber of Oliy Majlis of the Republic of
Uzbekistan. The disposition part of the decision shall have the name of representative
of the Constitutional Court, who will be participating in review of the draft law in the
Legislative Chamber of Oliy Majlis of the Republic of Uzbekistan. The text of the draft
law to be introduced shall be enclosed in the decision.
Article 76. Proceeding on cases for consent to the President of the Republic of
Uzbekistan to make a decision on dissolution of the Legislative Chamber of
Oliy Majlis, the Senate of Oliy Majlis of the Republic of Uzbekistan
The Constitutional Courtin rendering decision on consent to the President of the
Republic of Uzbekistan to make a decision on dissolution of the Legislative Chamber
of Oliy Majlis, the Senate of Oliy Majlis of the Republic of Uzbekistan determines the
existence or absence of facts of:
coming into existence of insuperable discord in the Legislative Chamber of Oliy
Majlis, the Senate of Oliy Majlis of the Republic of Uzbekistan, which jeopardizes their
normal functioning;
repeatedly adoption of decisions in violation of the Constitution of the Republic
of Uzbekistan;
coming into existence of insuperable discord between the Legislative Chamber and the
Senate, which jeopardizes normal functioning of Oliy Majlis of the Republic of Uzbekistan.
On the results of case review the Constitutional Court shall adopt one of the following
decisions:
on giving consent to the President of the Republic of Uzbekistanto make a decision
on dismissal of the Legislative Chamber, the Senate of the Republic of Uzbekistan;
on denial to give consent to the President of the Republic of Uzbekistan to make
a decision on dismissal of the Legislative Chamber, the Senate of the Republic of
Uzbekistan.
Article 77. Proceeding on cases of reviewing the conformity of orders and other
acts of the Prosecutor General of the Republic of Uzbekistan (except acts of
private nature) to the Constitution and laws of the Republic of Uzbekistan
The limit of determination the conformity of orders and other acts of Prosecutor
General of the Republic of Uzbekistan (except acts of private nature) or parts thereof
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with the Constitution and laws of the Republic of Uzbekistan shall be established by
part three of article 71 of these Rules, taking into account the peculiarities of the case.
On the results of case review the Constitutional Court shall render one of the
following decrees:
on announcing an order or other act of the Prosecutor General of the Republic of
Uzbekistan (except acts of private nature) or parts thereof as contradicting the Constitution
and laws of the Republic of Uzbekistan;
on announcing an order or other act of the Prosecutor General of the Republic
of Uzbekistan (except acts of private nature) or parts thereof in conformity with the
Constitution and laws of the Republic of Uzbekistan.
Article 78. Proceeding on cases of giving consent to criminal prosecution or
administrative liability, as well as taking into custody or home arrest of judge
of the Constitutional Court
Recommendation on giving consent to criminal prosecution or administrative liability, as well
taking into custody or home arrest of judge of the Constitutional Court shall be reviewed
by the Constitutional Court within seven days from the date of filing the recommendation.
The court shall hear the official who filed the recommendation or representative
of the appropriate agency, the judge, in whose respect the consent to criminal prosecution
or administrative liability, as well taking into custody or home arrestis being
sought. The Constitutional Court has the right to request additional materials relevant
to the filed recommendation.
The Constitutional Court shall render one of the following decision:
on giving consent to criminal prosecution or administrative liability of the Constitutional
Court judge, or taking into custody or home arrest;
on denial to give consent to criminal prosecution or administrative liability of the
Constitutional Court judge, or taking into custody or home arrest.
Decision on cases of consent to criminal prosecution or administrative liability, as
well as taking into custody or home arrest of the Constitutional Court judge shall enter
into force from the moment of adoption.
Article 79. Proceeding on cases on suspension of powers of the Constitutional
Court judge
Suspension of powers of the Constitutional Court judge shall be executed upon
decision of the Constitutional Court, adopted no later than a month from the day of
discovery of reasons for suspension. Suspension of powers of the Constitutional Court
judge in case of criminal prosecution shall be executed simultaneously with consent
for criminal prosecution of the judge.
The Constitutional Court shall suspend the powers of judge till the reasons for
suspension are eliminated. Reinstatement of powers of the judge shall be endorsed
by decision of the Constitutional Court.
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VII. OTHER ISSUES OF THE CONSTITUTIONAL COURT FUNCTION
Article 80. Office meetings
The Chairman of the Constitutional Court or Deputy Chairman shall call judges, staff of
the administration of the Constitutional Courtto office meetings on issues of activities
of the Constitutional Court and its administration.
In case of absence of Chairman of the Constitutional Court and Deputy Chairman
or their inability to perform their duties office meetings shall be called by the judge
senior by age.
Adopted decisions shall be entered in records of the office meeting.
Article 81. Powers of Chairman of the Constitutional Court in organization of
activities of the Constitutional Court
The Chairman of the Constitutional Court shall:
manage the activities of the Constitutional Court, designate duties of judges;
represent the Constitutional Court in interaction with state bodies and other organizations,
in international relations;
approve the structure and staff schedule of the Constitutional Court administration;
carry out general management of the Constitutional Court administration functions,
enjoy rights and fulfill obligations, vested in the Chairman by legislative acts in the
capacity of a chief of legal entity;
perform other functions, related to organization of activities of the Constitutional Court.
The Chairman of the Constitutional Court adopts resolutions on the issue of organization
of activities of the Constitutional Court.
Article 82. Powers of Deputy Chairman of the Constitutional Court
Deputy Chairman of the Constitutional Courtshall enjoy all rights and fulfil obligations of
judge of the Constitutional Court, perform functions of Chairman of the Constitutional
Court in case of his/her absence or by Chairman’s commission.
Article 83. Financing the activities of the Constitutional Court
Financing the activities of the Constitutional Court shall be done from the state budget.
Article 84. Constitutional Court administration
In support of the Constitutional Courtactivities the Administration of the Constitutional
Court shall be established. The functions of the Administration shall be based on the
Charter of the Constitutional Court Administration.
Article 85. Record keeping in the Constitutional Court Administration
Record keeping in the Administration of the Constitutional Court shall be carried out
in accordance with the Instruction of record keeping and control over implementation
in the Administration of the Constitutional Court.
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Article 86. Official publication of the Constitutional Court
Official publication of the Constitutional Court is «Bulletin of the Constitutional Court
of the Republic of Uzbekistan». Decisions of the Constitutional Court, materials of
events organized by the Constitutional Court, as well as materials on co-operation of
the Constitutional Court with agencies of constitutional control of foreign countries
and international organizations are published in the Bulletin.
The composition of editorial board of the “Bulletin of the Constitutional Court of
the Republic of Uzbekistan» shall be approved by the Constitutional Court.
Article 87. Research and Consulting Board under the Constitutional Court
In support of judges of the Constitutional Court, to provide research and consulting assistance,
research of certain issues, related to performance of functions by the Constitutional Court,
strengthening its relations with legal research institutions, and practicing lawyers, the
Research and Consulting Board shall be established under the Constitutional Court.
The Research and Consulting Board shall be established by the Constitutional Court.
Members of the Board shall come from political and legal scholars and experts. The
Board shall function pro bono. The Research and Consulting Board shall consist of
Chairman, Deputy Chairman, research secretary and board members.
Article 88. Interaction of the Constitutional Court with government agencies
and nongovernmental organizations
The Constitutional Court may have relations with government agencies and
nongovernmental organizations outside of constitutional adjudication with the purpose
of providing research and analytical support to the Constitutional Court activity, study
of best practices, carrying out information exchange on mutually interesting topics.
Such relations shall be carried out by means of making agreements of co-operation,
exchange of information, arranging of joint events, as well as in other forms.
Article 89. Interaction of the Constitutional Court with constitutional control
bodies of foreign countries and international organizations
The Constitutional Court shall maintain relations with the bodies of constitutional
control of foreign countries and international organizations, their representative offices
in the Republic of Uzbekistan.
Such relations of the Constitutional Court shall be carried out by means of making
agreements of cooperation, mutual exchange of best practices, exchange of decisions
and other information, arranging of joint events, as well as in other forms.
The Constitutional Court may be a member of international organizations in the
sphere of constitutional justice.
Article 90. Entering into force of the Rules of Procedure of the Constitutional Court
This Rule of Procedure enters into force from the date of adoption.
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CODE OF HONOR OF THE JUDGE OF THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF UZBEKISTAN
(approved by the Constitutional Court of the Republic of Uzbekistan
on January 30, 2004, amended on April 17, 2015)
This Code establishes rules of behavior of ethical nature which the judge of the
Constitutional Court of the Republic of Uzbekistan shall observe.
Article 1. The judge of the Constitutional Court of the Republic of Uzbekistan
(hereinafter referred to as the Judge) in any situation shall be true to the oath.
Article2. The Constitution of the Republic of Uzbekistan shall be the highest consideration
for the Constitutional Court judge. While carrying out the constitutional
control the Constitutional Court judge shall be guided solely by requirements of the
Constitution. The Constitutional Court judges shall express legal opinion in rendering
their decision, being guided by their conscience, free from reflections about «the
highest justice», practical rationale, political inclinations and other external impacts.
The judge by his/her activities and behavior shall promote the feeling of respect in
officials and citizens for the Constitution and to set the example of a law-abiding individual.
Article 3. Always and everywhere the Judge by his/her behavior shall promote
the society’s confidence in impartiality and independence of the Constitutional Court.
Performance of duties shall prevail over all other activities for the Judge. The Judge
shall be free from being influenced by outside opinion, from the fear of critical assessment
of his/her activities, no matter how adverse the assessment is.
Article 4. The Judge must not use the position in anybody’s interest in violation
of the Constitution.
The Judge shall be circumspect in choosing friends and acquaintances, shall avoid
compromising relations, and shall not allow himself or others create an impression
that they have opportunities to influence him.
In any cases the judge shall be mindful of his/her actions, foresee the possible
consequences, and correlate them to the Constitution and moral norms.
The Judge shall not ignore any public allegations about deliberate violation of the
Constitution, abuse of power, mercenary or other type of interest in the outcome of cases.
Article 5. In interaction with citizens, both while performing official duties, and in personal
relations, the judge shalladhere to commonly accepted rules of behavior, act with
honor; the Judge shall be characterized by having a polite, tactful demeanor, patience,
impartiality and equal treatment of all, adherence to principles, aspiration to deeply understand
the essence of the issue, the ability to listen and understand other point of view,
reasonableness of stated opinions. The Judge should promote the same type of behavior
in his/her colleagues, as well as the staff of the administration of the Constitutional Court.
Article 6. Prior to rendering a decision on issues being researched or reviewed by the
Constitutional Court, the Judge shall not have the right to publicly state an opinion and
provide public comments on reviewed cases before the rendered decision takes legal effect.
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The Judge must keep professional secrecy with regard to information relevant to
performance of official duties, except information received in an open court hearing.
The judge cannot disclose comments made during deliberations.
Article7. The Judge cannot hold any other paid position.
The Judge can perform a non-reimbursable work in public associations affiliated
with education and charity that do not pursue commercial and political goals, as well
as in educational facilities and research institutions.
The Judge must not act as an arbiter or mediator in conflict resolution outside of
the Constitutional Court using his/her position.
Article 8. The Judge cannot be a member of a political party or other public association
pursuing political goals, nor can the Judge provide them financial or other
type of support.
The Judge shall avoid public demonstration of his/her sympathies and antipathies
towards political parties and other public associations, which pursue political goals
and express any ideology.
The Judge cannot publicly support and facilitate “for” or “against” candidates for
election to representative bodies or appointment to government positions.
Article9. The Judge shall continuously work on his/her professional development
and maintain the knowledge at the level necessary for proper performance of duties
related to carrying out the constitutional control.
The Judge can participate in activities aimed at improvement of legislation.
Article 10. The Judge shall refrain from public criticism of other judges among staff.
Article11. The Judge has the right to request an objective and сomprehensive
review of his/her any applications in accordance with provisions of this Code.
Article12. The Judge shall feel the responsibility for preparation of court documents
on high level.
Article13. The Judge shall aspire to create the atmosphere of solemnity, candor
and calmness in the courtroom.
The Judge shall treat the parties, their representative, witnesses and other participants
of the hearing with patience, politeness and dignity.
The Judge shall not express in anyway (bywords, body language, gesture) his/her
attitude towards any participant of the hearing.
The Judge shall not ignore the cases of violations of ethical rules towards the hearing
participants by staff of the administration of the Constitutional Court and other persons.
Article14. The Judge shall be responsible in accordance with the law for committing
a malefeazance or other crime.
The authorities of the Judge can be suspended or prematurely terminated as established
for committing a violation that discredit the Constitutional Court.
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STATUTE ON THE ADMINISTRATION OF THE CONSTITUTIONAL COURT
OF THE REPUBLIC OF UZBEKISTAN
(approved by the Constitutional Court of the Republic of Uzbekistan on April 17, 2015)
I. GENERAL RULES
The present Statute has been developed in compliance with the Law of the Republic of
Uzbekistan «On the Constitutional Court of the Republic of Uzbekistan» and Regulation
of the Constitutional Court of the Republic of Uzbekistan.
In order to provide activities of the Constitutional Court of the Republic of Uzbekistan
(hereinafter referred to as the Constitutional Court) administation of the Constitutional
Court shall be established (hereinafter referred to as the Administation).
In its activities, the Administation shall be guided by the Constitution of the Republic
of Uzbekistan, the Law of the Republic of Uzbekistan «On the Constitutional Court of
the Republic of Uzbekistan», other legal acts, Regulation of the Constitutional Court,
the present Statute, other decisions of the Constitutional Court, and ordinances of
Chairman of the Constitutional Court.
In its activities, the Administation may have relations with respective structure units
of the government bodies and non-governmental organizations.
II. TASKS AND FUNCTIONS OF THE ADMINISTATION
The main task of the Administation is organizational and technical (logistic), research
and analytic, information and reference, and financial and supply and maintenance
provision of activities of the Constitutional Court.
In order to implement the charged tasks, the Administation fulfils the following functions:
logistic support of the cases under consideration in the Constitutional Court, as
well as staff meetings and other events held by the Constitutional Court;
assistance to the judges while preparing the cases and other matters to hearing at
the court sessions and staff meetings;
logistic supports for consideration the applications to the Constitutional Court,
preparation of responses, conclusions, analytical, reference, and other materials on
applications of applicants;
participation in preparation of the draft laws and proposals on the matters related
to legislative initiative of the Constitutional Court and preparation of necessary documents
for that;
providing for dispatch and publication of the decisions of the Constitutional Court, as
well as preparation of “Bulletin Constitutional Court of the Republic of Uzbekistan” for release;
systemic record and establishment of data base of the decisions of the Constitutional
Court;
study and generalization of activities of the government bodies on provision of
implementation of the Constitutional Court decisions, preparation of information
memos on implementation of the decisions;
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systematized record and analysis of laws, carrying out analytical research;
providing for realization of powers of the Constitutional Court in the area of labour
relations, human resource policy, and award activities, organization of in-job training
of the Administation employees;
organization, maintaining, and improvement of the system of documents provision
of the Constitutional Court’s activities based on employment of up-to-date information
technologies and software and hardware means of documents preparation and
processing;
methodological guidance and supervision over respect for the established order
of documents turnover and chancery work;
archiving the documents of the Constitutional Court, carrying out storage and
usage of documents held in the archive stocks of the Constitutional Court and their
preparation for forwarding to the government archives as established by the laws;
provision of non-stop functioning of information systems and implementation of
new information technologies;
provision of establishment, maintenance, and improvement of electronic information
resources of the Constitutional Court;
organization of interaction of the Constitutional Court with the mass media, providing
placement of the information on activities of the Constitutional Court in the
mass media;
organization of financial provision of the activities of the Constitutional Court;
organization of measures on providing the Constitutional Court with material and
technical resources;
organization of interaction of the Constitutional Court with the bodies of constitutional
review of the foreign countries and international organizations, and their
representative offices in the Republic of Uzbekistan;
study and generalization of the practices of the constitutional review bodies of
the foreign countries;
carry out other functions in compliance with the laws, decisions of the Constitutional
Court, ordinances of Chairman of the Constitutional Court.
III. STRUCTURE OF THE ADMINISTATION AND MANAGEMENT
The structure and staffing schedule of the Administation shall be approved Chairman
of the Constitutional Court within the allocated funding.
The employees of the Administation shell be appointed to and dismissed from the
positions by Chairman of the Constitutional Court.
The Administation employees shall be awarded category ranks in compliance with
the laws.
The job responsibilities of the Administation employees shall be governed by the
Job description of the Administation members subject to approval by Chairman of
the Constitutional Court.
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Chairman of the Constitutional Court carries out general management of the Administation
activities, Head of Secretariat carries out routine management.
IV. HEAD OF SECRETARIAT
Head of Secretariat shall:
organize functioning of the Administation and be responsible for implementation
of charged tasks and functions by the Administation;
co-ordinate and control functioning of the Stuff;
supervise the process of preparation of the Constitutional Court sessions and
compliance with the schedule of their preparation and holding;
submits the materials on application filed with the Constitutional Court to Chairman
of the Constitutional Court;
secure respect for the labour laws and Internal regulations by the employees of
the Administation, as well as work on the basis of Job description of staff member of
the Administation;
submit proposal on incentives for the employees of the Administation or discipline;
work on in-job training of the Administation members;
form human resource reserve of the Administation;
take part in the Constitutional Court sessions and staff meetings;
exercise other powers defined in the Law of the Republic of Uzbekistan «On the
Constitutional Court of the Republic of Uzbekistan», Regulation of the Constitutional
Court, the present Statute, and Job description of the Administation employees.
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REGULATION ON THE REVIEW PROCEDURE OF APLICATIONS BY
INDIVIDUALS AND LEGAL ENTITIES TO THE CONSTITUTIONAL COURT
OF THE REPUBLIC OF UZBEKISTAN
(approved by the Constitutional Court of the Republic of Uzbekistan on January 9, 2015)
I. GENERAL PROVISIONS
1. This Regulation determines the review procedure of applications by individuals
and legal entities (hereinafter referred to as applications) to the Constitutional Court of
the Republic of Uzbekistan (hereinafter referred to as Constitutional Court). Provisions
of this Regulation do not pertain to:
а) applications on introducing an issue for consideration of the Constitutional
Court by entities, determined in article 19 of the Law of the Republic of Uzbekistan
“On Constitutional Court of the Republic of Uzbekistan”;
b) correspondence with government agencies, their structural divisions and officials
on issues that do not require the Constitutional Court ruling within the scope of
its competence.
2. Applications shall be reviewed by the Constitutional Court guided by the Constitution
of the Republic of Uzbekistan, the Law of the Republic of Uzbekistan “On
Appeals by Individuals and Legal Entities” and this Regulation.
3. Applications filed with the Constitutional Court, (applications filed electronically
in printed form) shall be processed in line with the provisions of the Instructions
on Records Management and Control over the Enforcement in the Administration
of the Constitutional Court. Applications are presented to the Constitutional Court
Chairman, and in his/her absence to the Deputy Chairman for assignment of the
case review.
4. Case review shall be assigned to the Constitutional Court judges, senior experts
and experts taking into account their workload and specialization. A case review can
be assigned to several action officers.
5. The Constitutional Court Chairman or Deputy Chairman shall assign applications
to action officers. Applications shall be taken for review by action officers upon filling
out the appropriate record cards in accordance with record keeping rules.
6. The following types of applications as provided in article 20 of the Law “On Appeals
of Individuals and Legal Entities” shall not eligible for review:
а) anonymous applications;
b) applications filed by representatives of individuals and legal entities without
having documents proving their authority;
c) applications that do not meet other requirements, set in the law.
7. Responses to applications, as a rule, shall be stated in the language of the application.
They shall be processed in accordance with the records keeping rules.
8. Application review process shall be managed by the Chief of the Constitutional
Court Administration.
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II. THE REVIEW PROCEDURE OF APPLICATIONS ON ISSUES WITHIN
THE COMPETENCE OF THE CONSTITUTIONAL COURT
9. An application shall be considered as the one containing issues within the scope
of competence of the Constitutional Court if it meets one of the following requirements:
а)the application seeks to review the conformity of laws of the Republic of Uzbekistan,
Regulations of chambers of the Oliy Majlis of the Republic of Uzbekistan, decrees of
the President of the Republic of Uzbekistan, Regulations of the government and local
administration, as well as international treaty and other obligations of the Republic of
Uzbekistan to the Constitution of the Republic of Uzbekistan;
b) the application seeks to review the conformity of the Constitution of the Republic
of Karakalpakistan to the Constitution of the Republic of Uzbekistan, laws of the
Republic of Karakalpakistan to laws of the Republic of Uzbekistan;
c) the application asks to provide interpretation of Constitutional provisions and
laws of the Republic of Uzbekistan;
d) the application proposes to improve the law by means of legislative initiative of
the Constitutional Court;
e) the application seeks to review the conformity of orders and other acts of the
Prosecutor General of the Republic of Uzbekistan (except personal type orders) to the
Constitution and laws of the Republic of Uzbekistan.
10. Applications containing issues within the scope of competence of the Constitutional
Court upon assignment by the Constitutional Court Chairman or Deputy
Chairman shall be reviewed by a Constitutional Court judge within fifteen days, and
if the case requires additional review and (or) revision, or inquiring of additional documents
— within one month.
11. The Constitutional Court judge assigned to review an application, with the
purpose of complete, objective and timely review of the application may:
– invite the individual or representative of the legal entity who filed the application
to the Constitutional Court in order to clarity the issue on hand and gather additional
documents;
B analyze the enforcement practice of the law the constitutionality of which is being
challenged;
B research the implementation practice of Constitutional norms and laws of the
Republic of Uzbekistan, the interpretation of which is sought in the application;
B invite representatives of the appropriate agency that ensures implementation of
the legislative act or enforces it;
B inquire additional information pertaining to the application being reviewed from
the appropriate agencies and officials.
12. In case the reviewing judge comes to the conclusion that no basis exists for
constitutional review of the issue in the application, the judge with concurrence of
the Constitutional Court Chairman or Deputy Chairman shall inform the petitioner
about this.
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13. If the reviewing judge comes to the conclusion that basis for constitutional
review of the issue in the application exists, the judge shall prepare and present the
appropriate note to the Chairman and Deputy Chairman.
Upon assignment of the Constitutional Court Chairman or Deputy Chairman the
application, the note and other relevant case materials shall be reviewed by other
Constitutional Court judges.
In accordance with the article19 of the Law of the Republic of Uzbekistan “On
the Constitutional Court of the Republic of Uzbekistan” the issue mentioned in the
application may be introduced for the Constitutional Court review by the initiative
of three Constitutional Court judges. Otherwise, the judge who initially reviewed
the application, with concurrence of the Constitutional Court Chairman or Deputy
Chairman shall notify the petitioner about the absence of basis for constitutional
review of the issue.
III. THE REVIEW PROCEDURE OF APPLICATIONS ON ISSUES OUTSIDE
THE SCOPE OF COMPETENCE OF THE CONSTITUTIONAL COURT
14. The review of applications that do not meet the requirements set by section
9 of this Regulation shall be assigned by the Chairman of the Constitutional Court or
Deputy Chairman to the Constitutional Court senior experts or experts.
15. A briefing note shall be drawn on each application assigned for review to senior
experts and experts. The briefing note shall be signed by the judge whom the senior
expert or expert is assigned to.
16. Applications on issues within the review competence of other agencies with
concurrence of the Constitutional Court Chairman or Deputy Chairman shall be forwarded
to appropriate agencies with notification of the petitioner not later than five days.
17. In case when an agency which has the authority to resolve the issues in the
application cannot be determined, upon concurrence of the Constitutional Court
Chairman or Deputy Chairman, the petitioner shall be informed not later than five
days that the Regulation of issues in the application is not within the competence of
the Constitutional Court.
IV. APPLICATION ANALYSIS AND TRACKING
18. The Administration of the Constitutional Court shall keep track of applications.
Applications shall be generalized and analyzed in order to determine the reasons leading
to violations of rights, freedoms and legitimate interests of individuals and legal
entities, as well as interests of society and state. On the results of application analysis
a written report shall be presented at semiannual and annual official meetings of the
Constitutional Court.
19. The report on application review process shall reflect the analysis of applications
broken down by topics of applications and territories from which they are filed, growth
dynamics relative to previous years and others.
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V. MEETING OF CITIZENS AND LEGAL ENTITIES’ REPRESENTATIVES IN
THE CONSTITUTIONAL COURT
20. Meeting of citizens and legal entities’ representatives in the Constitutional Court
shall be arranged depending on necessity in accordance with the article 8 of the Law
of the Republic of Uzbekistan “On Appeals of Citizens and Legal Entities”.
21. Verbal applications, filed during meetings, shall be reviewed in a general order.