GENESIS OF THE PROSECUTOR'S OFFICE OF THE REPUBLIC OF UZBEKISTAN DURING THE YEARS OF INDEPENDENCE

Аннотация

The article examines the evolution and development of the Prosecutor's Office of the Republic of Uzbekistan from the moment the country gained independence in 1991 to the present. It explores the transformation of the institution within the broader context of Uzbekistan's legal reforms and the shift towards strengthening the rule of law and ensuring justice. The study analyzes key changes in the organizational structure, legal frameworks, and functions of the Prosecutor's Office, highlighting the efforts to align with international standards and improve the accountability and efficiency of the institution. Moreover, the article delves into the challenges and successes encountered throughout this period, offering a comprehensive understanding of the role the Prosecutor’s Office plays in maintaining law and order in post- SovietUzbekistan. Key words: Prosecutor's office, Independence, legal reforms, rule of law, justice system, institutionaldevelopment, legal frameworks, accountability. The achievement of independence by the Republic of Uzbekistan in 1991 marked the beginning of a new stage of efforts to strengthen its state and legal system. The period of independence in Uzbekistan has brought about fundamental changes in various spheres, including the legal system. In particular, the prosecutor's office system, its functions and structure have been reviewed based on new political, economic, and social conditions. Prosecutor's offices play an important role not only in ensuring state security, but also in protecting the rights of citizens and restoring justice. Thanks to independence, our cultural and spiritual values have been restored, and now our people are newly understanding the social environment in which our ancestors lived, with their glorious history and good manners, justice, truth, and maturity. As is known, our ancestors also embraced Islam in the 8th century, and social and legal relations were regulated primarily based onSharialawand local customs. Although the Qazi and Biy courts played an important role in ensuring strict adherence to Sharia law, the Qazi courts, based on Sharia norms, not only resolved criminal and civil cases, as well as disputes arising from the division of inheritance, family and marriage matters, but also monitored their observance without involvement. Biy courts, however, primarily ruled based on local customs and traditions, resolving disputes and problems. Judges' rulings in criminal cases were appealed only to the head of state. If it is satisfied, the verdict is overturned, and the case is sent to another judge for reconsideration. The judge's verdict in civil and property cases isfinal and has not been appealed. Judges review cases openly, personally, and orally, and, based onthe severity of the criminal act, preparesentences for theperpetrator. Judges in the regions were appointed by the head of state for life and dismissed for knowingly violating Sharia law. Therefore, judges were independent of governors and had the authority to https://ijmri.de/index.php/jmsi volume 4,issue6,2025 26 report to the head of state on the general state of compliance with Sharia law and the legality of governors' activities. In the territory of present-day Uzbekistan, this law and order system operated without significant changes until thesecond halfofthe 19thcentury. The Prosecutor's Office refers to state bodies exercising oversight or an authorized official. In Latin, the word "procuratio (procuro) " means to care for, to manage, the word "procurator (procuro) " means manager, chief, trustee, representative, procurator, administrator of imperial revenues, and finally, theword "Procuro" means to care for, to nurture, topreserve, to provide, to implement, to manage. Similar meanings exist in French words like "procuratenr," "procutie," "procuration," and "procurer." Until 1917, the Prosecutor's Office was considered a strictly punitive body protecting the reactionary state system, and along with Tsarist Russia,this bodywas also dissolved. Analysis of the legislation "On the Prosecutor's Office" shows that from 1923to 1938, before the adoption of the Law on the Judicial Structure of the USSR and the Union Republics, the system, functions, and powers of the prosecutor's office were regulated by the Law on the Judicial Structure. The constituent bodies of the prosecutor's office were not independent state bodies, neither centrally nor locally. The Prosecutor's Office, as a department, was part of the system of the People's Commissariat of Justice. The Justice Commissioner was simultaneously the republic's prosecutor. The 1936 USSR Constitution and the 1937 Constitution of the Uzbek SSR elevated the importance and role of prosecutorial oversight as an independent form of public service. The USSR Prosecutor's Office was consolidated as a unified and centralized system headed by the USSRProsecutor, appointed bytheSupremeSoviet ofthe USSR. The structure of the central office of the Prosecu