от 22.01.2018 г. №
In accordance with the Constitution, everyone shall be guaranteed judicial protection of his/her rights, freedoms and legitimate interests.
The court shall be obliged to resolve cases on the basis of the Constitution and the laws of the Republic of Uzbekistan. The court shall also apply other acts of legislation if they do not contradict with the Constitution and the laws of the Republic of Uzbekistan.
The grounds for the challenging referred to in paragraphs 2 and 4 of Article 21 of this Code shall also apply to prosecutor, expert, specialist, interpreter, and court session secretary.
In the presence of circumstances referred to in Articles 21 and 22 of this Code, a judge, prosecutor, expert, specialist, interpreter, and court session secretary must recuse themselves. On the same grounds, they may be challenged by those participating in the case.
If the court of the Republic of Karakalpakstan, regional or Tashkent city courts, after the satisfaction of the refusal for the reasons specified in Article 21 of this Code, it is not possible to form a new court, the case shall be transferred to the Supreme Court of the Republic of Uzbekistan. In this case, the case is considered in the Supreme Court of the Republic of Uzbekistan or sent to another relevant court by order of the Chairman of the Supreme Court of the Republic of Uzbekistan.
3) On cases specified in Chapter 18 of this Code and resolved under the writ proceedings;
Cases referred to in Article 26 of this Code shall be considered by interdistrict, district (city) civil courts, except where the consideration of such cases is referred by law to the competence of other courts.
The competence established by Article 35 of this Code shall not be changed by agreement between the parties.
Participants of the trial specified in Article 52 of this Code shall enjoy the procedural rights provided for in Article 40 of this Code, as well as shall have the right to support in full or in part the claims asserted to protect the rights, freedoms and legally protected interests of another person, waive them, and give explanations about the claims declared by them. Waiver of the claim filed with the court by the said bodies, organizations and citizens to protect the rights and legally protected interests of another person shall not deprive that person of the right to demand consideration of the case on the merits.
The expert shall have the right to the following: Become acquainted with the case file relating to the subject of examination, abstract the necessary information from it or take copies; take part in the on — site inspection and present motions for additional materials and objects of study required for the forensic examination; participate in the court proceedings in the examination of evidence related to the subject of forensic examination and, with the court's permission, ask questions to persons participating in the case and witnesses; inspect physical evidence and documents; present in his/her report the findings not only on the issues that were raised but also on other issues related to the subject matter of the forensic examination and relevant to the case; make statements regarding the incorrect interpretation of his/her opinion or testimony by persons participating in the case and witnesses, which are to be entered in the court hearing records; submit an opinion and give evidence in his/her native language if he or she is not proficient or insufficiently proficient in the language of the proceedings and, in that case, use the services of an interpreter; appeal, in accordance with the procedure established by law, against the court decisions and the actions (or omissions) of the judge in whose proceedings the case is being tried, if these decisions, actions (or omissions) violate his/her rights and freedoms; receive compensation for expenses incurred in the course of the examination.
The expert shall be obliged to provide the following: In the presence of the grounds provided for by Article 22 of this Code, immediately recuse himself/herself; conduct a comprehensive and complete examination of the objects submitted to him/her for examination and give a reasoned and objective written opinion on the questions put to him/her; appear in court for personal participation in the court session; give testimony on the examination conducted by him/her and answer additional questions to explain own opinion made; not disclose the information which became known to him/her in connection with the production of the examination; ensure the safety of the examination objects and case materials submitted; observe order during the trial.
An interpreter shall be criminally liable under Article 238 of the Criminal Code of the Republic of Uzbekistan for the intentionally incorrect interpretation, of which the interpreter shall be warned by the court against receipt.
In case of violation of the prohibitions specified in items 2, 3, 6, and 7 of part one of Article 106 of this Code, the liable persons shall be fined in accordance with the procedure established by Article 146 of this Code. The plaintiff shall have the right to demand on general grounds the compensation from these persons for the losses caused by the failure to comply with the court ruling on securing the suit.
1) Items one and two of Article 116 of this Code — until the legal successor or legal representative of an incapacitated person is either involved or appointed to the case;
2) Item 3 of Article 116 of this Code — until termination of stay of the party in the active unit of the Armed Forces of the Republic of Uzbekistan;
3) Item 4 of Article 116 of this Code — until entry into legal force of the decision or sentence of the court, or until issuance of the ruling on the case being heard administratively, or until completion of investigation;
4) Item 5 of Article 116 of this Code, — until the resolution by the competent authority of a foreign State of a procedural request to cancel or suspend an execution of a decision of a foreign court or a foreign arbitration court (arbitration);
41) Item 6 of Article 116 of this Code — until the completion of the mediation procedure, but not exceeding sixty days;
(5) Item one of Article 117 of this Code — respectively, until termination of stay of the party in the Armed Forces of the Republic of Uzbekistan on active fixed-term military service or until completion by these persons of execution of their State duties;
6) Item two of Article 117 of this Code — until the party is discharged from the healthcare institution or the party has recovered from a disease which was preventing it from appearing in court;
7) Item 3 of Article 117 of this Code — until the detection of the defendant;
8) Item 4 of Article 117 of this Code — until the party returns;
9) Item 5 of Article 117 of this Code — until the completion of the expert examination;
10) Item 6 of Article 117 of this Code — until the completion of actions on execution of the letter of request.